Fruit of The Poison Tree

Fruit of The Poison Tree

by Kenneth MacKenzie

Copyright, © June 2016

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Dedication

This book is dedicated to the victims of terrorism and is also dedicated to victims of depraved U.S. government officials.

About Author

Kenneth Mackenzie’s brief biography is: Born 1942, School: CA State University; US Army 1966-8, 177 Military Police POW Operations, Q. Nhon, S. Vietnam.

Book Titles:

(1) Fruit Of The Poison Tree, (2) Life Death Rewards, (3) Blood Money In The Slaughterhouse; Screenplay Titles: (1) Princess and The Sons of Paradise, (2) Rape of Taj and Great Buddhas at Bamiyan; Lawsuits: (1) US Supreme Ct 08-9595, (2) US Supreme Ct 97-7616, (3) US Supreme Ct 95-9090, (4) High Court of Peshawar Province, Peshawar, Pakistan.

Preface

Preface of Fruit of The Poison Tree, © 2016 by K. MacKenzie (ebook approx. 326 pages, 68,000 words): U.S. Army PFC Christian Menchaca was captured together with U.S. Army Pfc Thomas Tucker by al Queda Nuclear Terrorists 16 June 2006, both barbarically tortured to death by al Queda Nuclear Terrorists, from 16 Jun to 19 June 2006, who made videos of this atrocity and posted the videos on the internet, where these terrorism torture videos have played from June 2006 to the present time, June 2016 (10 years!). Their remains, recovered 19 June 2006, were so mutilated that only DNA testing could be used to identify them.

This book, Fruit Of The Poison Tree, emanates and is assembled from excerpts of Christian Menchaca Family filed counter-terrorism lawsuits against Al Queda Terrorism and Al Queda –Al Shura Nuclear terrorism described by the Menchaca Family in three lawsuits submitted to U.S. Judiciary Branch Courts – U.S. District Court, U.S. Court Of Appeal, and U.S. Supreme Court and further described by Menchaca Family in U.S. Form 95 Claims for Damage, Injury, or Death submitted to U.S. Executive Branch Administrative Courts, filed and currently litigated, since 2008 in U.S. Supreme Court Case 08-9595 and in U.S. District Court - Rusk St. 515 RUSK AVE., HOUSTON,TEXAS, 77002, PHONE: 713.250.5500, CASE CV-3326 and in US Court of Appeals, 5th Circuit, New Orleans, LA, 70130, Phone: 504-310-7700, Case 15-20667, since 2015, filed by Kenneth MacKenzie acting as Attorney Pro Se on behalf of the Terrorism-Death-Threatened family of U.S. Army PFC Christian Menchaca against terrorists and against nuclear-wrongdoer U.S. Government Officials who have denied the Terrorism-Death-Threatened family of U.S. Army PFC Christian Menchaca the lawful protections of 18 USC §3521 Relocation and Protection provisions of US laws.

Kenneth MacKenzie is the Uncle of PFC Christian Menchaca and also is the author of this book, titled: Fruit of The Poison Tree, © June 2016. MacKenzie is also the Attorney Pro Se litigating lawsuits currently filed (2015) by PFC Christian Menchaca Family against US government officials and terrorists in U.S. District Court Houston, So. Dist.,Texas No. 4: 15-CV-3326 and in USCA, 5th Circuit, Case 15-20667.

This book is presented with 8 Chapters, each Chapter stands alone as emanating from a different lawsuit, each chapter which has excerpts from two U.S. Court lawsuits – (1) U.S. District Court Houston No. 4: 15-CV-3326 and (2) USCA, 5th Circuit, Case 15-20667 (starting at CHAPTER 1, at or near page 13, lawsuit paragraph 70), and this book are presented with (3) additional Form 95 Claims previously submitted to the Administrative Courts of the U.S. Executive Branch (presidential branch), consequently the different paragraph numbers of the two different lawsuits are not consecutive. Details that would provide explanations of transition from one Judicial Branch lawsuit to the Executive Branch Administrative Court Claim Form 95 are unnecessary verbiage; and, just the raw information is quoted to save words. Therefore, the reader, if he wishes, is left to read-between-the-lines, himself, and, thereby, much time and space is saved by eliminating extra words to explain chapter transition information that does nothing to propel these lawsuit issues forward. Therefore, these Form 95 Claims and Judicial Branch Lawsuits are inserted herein as raw information without unnecessary transitional explanations. The reader will note that the paragraph numbering applies only to the Form 95 or Judicial Branch lawsuit; and, therefore, the paragraph numbers of each document change when a new Chapter is presented.

TABLE OF CONTENTS

This Table Of Contents is very easy to use: In the everyday-way you find words or phrases on your computer, it is best to simply shade and select Find on the Editing menu at Home tab to find e-book chapters and let your computer find the word or phrase you seek). Very simple.

Page number locations are a different situation and can be affected by formats, such as electronic books, and affected by other programs and may not always be perfected until an updated edition is published. However, in the first edition the page numbers are usually close enough by one or two pages to be reasonable for locating related information.

Dedication

About the Author

Preface

Chapter 1-

Al Queda Death Threat Against Family Of PFC Christian Menchaca "…SOMEONE YOU CALL YOUR FRIEND, WANTS YOU DEAD…" as emailed to the Menchaca Family House and posted on the Internet.

SUBPOENA (listed and located in Chapter 1) of U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009, and U.S. Secretary of State, Hillary Clinton, in office January 21, 2009 to 2013, regarding Nuclear Terrorism Lawsuits filed in U.S. District Court Houston, So. Dist.,Texas No. 4: 15-CV-3326 and USCA, 5th Circuit, New Orleans, LA, Case 15-20667. SUBPOENA of Rice and Clinton is legally served with Process on both of them. (filename: LS BookSbpna HillJun16)… Pg 5, Pg 9, Pg 12, Pg 13, Pg 14, Pg 23, Pg 25, Pg 36, Pg 37, Pg 74, Pg 193, Pg 248,

Chapter 2-

US Court of Appeal, 5th Circuit, Case 15-20667, New Orleans, LA, Court Brief describing Nuclear Crime issues of U.S. District Court Houston, So. Dist.,Texas No. 4: 15-CV-3326; Kenneth Mackenzie, Plaintiff -Appellant, vs. Prime Minister Muammar Al-Gaddafi; Personal Representative Of The Estate Of Prime Minister Muammar Al-Gaddafi Of Libyat; United States Department Of Justice And State; Elana Kagan, former U.S. Soliciter General; U.S. Ambassadors; Britain Ambassador; French Ambassador; Iran Ambassador, Defendants – Appellees; OBSTRUCTION OF JUSTICE, wherein Secretary of State Clinton aided and abetted wrongdoing crime actions that avoided prosecution of (1) Defendant Ibrahim al Qaraghuli, U.S. Satellite photo-depicted torture murdering U.S. Army PFC Kristian Menchaca and U.S. Army PFC Thomas Tucker, (convicted torture-murderer of PFC Kristian Menchaca) convicted & sentenced to hang for torture murders of PFC Kristian Menchaca and PFC Thomas Tucker; (2) U.S. Satellite photo-depicted Defendant Nuclear Terrorist Kasim al Zowbai, U.S. Satellite photo-depicted torture murdering U.S. Army PFC Kristian Menchaca and U.S. Army PFC Thomas Tucker, (Awakening Movement enlistee recorded on Satellite / Drone Photos) wrongfully released from U.S. Custody regarding torture murders of PFC Kristian Menchaca and PFC Thomas Tucker, (3) U.S. Satellite photo-depicted Defendant Nuclear Terrorist Walid al Kartani, U.S. Satellite photo-depicted torture murdering U.S. Army PFC Kristian Menchaca and U.S. Army PFC Thomas Tucker, wrongfully released from U.S. Custody (Awakening Movement enlistee recorded on Satellite / Drone Photos).

US Secretary of State Rice and US Secretary of State Clinton never offered rewards for these Nuclear Terrorists at the U.S. Rewards for Justice web site as was their responsibility under 22 USC § 2708 and 18 USC §3071. As a consequence, Defendant Nuclear Terrorist Kasim al Zowbai and Defendant Nuclear Terrorist Walid al Kartani were never prosecuted in United States courts for their parts in violation of 18 U.S. Code § 832 - Participation In Nuclear And Weapons Of Mass Destruction Threats To The United States (filename: LS Book Breef27My16) . . . Pg 49, Pg 14, Pg 15, Pg 51, Pg 66, Pg 75, Pg 76, Pg 77,

Chapter 3-

One page letter by Lyle W. Cayce, 5th Circuit Court Clerk letter describing Appellant's Brief marked by Court Clerk as deficient (meaning Brief exceeded the 30 page limit and requiring rewrite). . . . .Pg 144,

Chapter 4 –

Lawsuit in U.S. District Court Houston, So. Dist.,Texas No. 4: 15-CV-3326 (filename: LS Hou City 13 Aug 15) . . .Pg 144, Pg 11, Pg 15, Pg 17, Pg 34, Pg 35, Pg 140, Pg 277, Pg 282

Chapter 5 –

Plaintiffs’ 8 page Motion for Court issuance of ORDERS TO SHOW CAUSE to be issued to Defendant Hillary Clinton who co-operated with the U.S. Department of Justice and Department of Defense in the trial of {1} U.S. Intelligence Satellite Depicted Nuclear Terrorists (1) Ibrahim al Qaraghuli, {2} U.S. Intelligence Satellite Depicted Nuclear Terrorist Kasim al Zowbai {3} U.S. Intelligence Satellite Depicted Nuclear Terrorist Nuclear terrorist Walid al Kartani; (filename: BrfOSC AmbHilry1Jn) ….Pg 170, (also see: Pg 182, Pg 234, Pg 239, Pg 240, Pg 242, Pg 243, Pg 259 )

Chapter 6 –

PLAINTIFFS’ Motions for Protective Orders: Plaintiffs motion for "Protective Orders to protect Ambassadors of the European nations of France, Spain, Italy, Germany, Russian Federation, and United States, United Kingdom - England, Australia, Canada, and Mexico who are interested parties in this Complaint litigation located in embassies throughout said Islamic Nations of Middle East, West Asia, South Asia, Central Asia, North Central and West Central Asia, including concurrent Plaintiffs’ Motion that Court would also provide Protective Order incorporating the protections that may be provided to Terrorism-Death-Threatened (several times) Plaintiff family of PFC Kristian Menchaca and Plaintiff Kenneth MacKenzie, victims of terrorism crimes who should have been protected by U.S. Department of Justice Solicitor General Kagan under 18 USC §3521 – Relocation and Protection, before-during-and-after, her litigation against the Terrorism-Death-Threatened (several times) Family of PFC Kristian Menchaca in U.S. Supreme Court Case 08-9595 during 2008.. . . Pg 191, ….( also see: Pg 7, Pg 41, Pg 44, Pg 293, Pg 296,) (filename: LS 5 BrfMo PrtcAmb)

Chapter 7 –

PLAINTIFFS’ Claims against U.S. Veterans Administration: (1) This First Preface-Of-Claim is presented to inform the US Veteran’s Administration Medical Center, DeBakey Hospital, Houston, Texas of Homicide law related to Plaintiff MacKenzie’s crime complaints against the U.S. Veterans Administration that he has submitted to the U.S. Courts seeking federal grand jury hearings of the wrong-doings perpetrated against Plaintiff MacKenzie’s Melanoma Cancer condition in refusing to treat MacKenzie’s Melanoma Cancer Complaints after informing MacKenzie he was at higher risk of Malignant Melanoma Cancer Recurrence at the time, June 2014, USVAMC, DeBakey Hospital informed Mackenzie he was at higher risk of Malignant Melanoma Cancer Recurrence. Plaintiff Mackenzie’s point-of-view is that the refusal to treat already diagnosed Malignant Cancer Conditions is an act of depraved malice proven out . . . . Pg 284,

Chapter 8 -

PLAINTIFFS’ Claims against U.S. Veterans Administration regarding Depraved Inconsideration Wrongdoing applied by USVAMC Hospitals: Dr. Jane Doe #2 emphatically refused to provide an appointment to USVAMC, Debakey Hospital, and emphatically told Mackenzie the only appointment available was 12 April 2016, a time frame from 28 Jan to 12 Apr 2016 equal to 75 days of waiting for diagnosis of a dangerous Cancer lesion on Right Mandible located at the scar tissue of Patient Kenneth MacKenzie’s previous Malignant melanoma Cancer site as a Malignant Melanoma Patient in higher risk Malignant Melanoma Cancer category. Pg 295, …

CHAPTER 1-

… Al Queda Death Threat Against Family Of PFC Christian Menchaca :

"… SOMEONE YOU CALL YOUR FRIEND, WANTS YOU DEAD..."

"…I felt very sorry and bad for you, that your life is going to end like this if you don't comply, i was paid to eliminate you and I have to do it within 10 days. . .. . .And the person have spent a lot of money on this, the person also came to us and told us that he wants you dead and he provided us your names, photograph and other necessary information we needed about you.

Meanwhile, I have sent my boys to track you down and they have carried out the necessary investigation needed for the operation. . .

. . . Right now my men are monitoring you, their eyes are on you. . .

. . .Warning: do not think of contacting the police or even tell anyone because I will extend it to any member of your family since you are aware that somebody want you dead, and the person knows some members of your family as well. . . (deathandlife@biz.by) Mr John Itali" [End Quote] .

This foregoing death threat document was emailed to the Menchaca Family residence, year 2008, while the Menchaca Family was litigating to obtain protection legislated under 18 USC §3521 – Relocation and Protection of Victims and Witnesses.

The following SUBPOENA document is related in several ways especially as it relates to the depraved manner in which the U.S. government Executive Branch operates much too often.

SUBPOENA document listed and located in Chapter 1, herein, as follows:

SUBPOENA

… UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS, 515 RUSK AVE., HOUSTON,TEXAS, 77002, PHONE: 713.250.5500, CASE CV-3326

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION WITH CRIME COMPLAINTS INCORPORATED THEREIN. (this Subpoena is 30 Pages)

Addressed To: Condoleezza Rice, U.S. Secretary Of State, In office, January 26, 2005 – January 20, 2009

Addressed To: Hillary Clinton, U.S. Secretary Of State, In office, January 21, 2009 to 2013

(Names of persons to whom this subpoena is directed)

. . Production: YOU, Condoleezza Rice, U.S. Secretary Of State, In office, January 26, 2005 – January 20, 2009, and YOU, Hillary Clinton, U.S. Secretary Of State, In office, January 21, 2009 to 2013, ARE REQUESTED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and you are requested to permit inspection, copying, testing, or sampling of the material cited below.

Place: UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS, 515 RUSK AVE., HOUSTON,TEXAS, 77002, PHONE: 713.250.5500, CASE CV-3326

15 July 2016, Date and Time: 1:00 PM . . .

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: 04 July 2016 . . .

CLERK OF COURT

Signature of Clerk or Deputy Clerk

OR

. . Kenneth MacKenzie. . . Attorney’s signature: Kenneth MacKenzie

The name, address, e-mail address, and telephone number of the attorney representing (name of party), who issues or requests this subpoena, is:

1. . Kenneth MacKenzie Crime Complaint Lawsuit against Muammar Gaddafi in UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS, 515 RUSK AVE., HOUSTON,TEXAS, 77002, PHONE: 713.250.5500, CASE CV-3326 and US Court of Appeals, 5th Circuit, New Orleans, LA, 70130, Phone: 504-310-7700, Case 15-20667

Notice to the person who issues or requests this subpoena: If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

. . . As related to Condoleezza Rice, U.S. Secretary Of State, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, please produce the following documents, electronically stored information, or tangible items or objects, and permit inspection, copying, testing, or sampling of all documents related to following material: ". . .

70 . The U.S. Executive Branch and U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, could have easily arranged for the shipment of U.S. Intelligence Satellite Depicted{1} Nuclear Terrorist Ibrahim al Qaraghuli, U.S. Intelligence Satellite Depicted {2} Depicted Nuclear terrorist Kasim al Zowbai and U.S. Intelligence Satellite {3} Depicted Nuclear terrorist Walid al Kartani to Guantanamo Bay U.S. Military Prison or USA for trial of the Nuclear Terrorism charges and trial for the torture deaths of PFC Kristian Menchaca & PFC Thomas Tucker. Please produce the following documents, electronically stored information, or objects, and permit inspection, copying, testing, or sampling of the material:

71. U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, and U.S. Executive Branch were redundantly well informed during 2008 regarding the 18 U.S. Code § 832 - Participation In Nuclear And Weapons Of Mass Destruction Threats To The United States crimes of {1} U.S. Intelligence Satellite Depicted Nuclear Terrorist Ibrahim al Qaraghuli, {2} Satellite Depicted Nuclear terrorist Kasim al Zowbai and {3} Satellite Depicted Nuclear terrorist Walid al Kartani during 2006.

72. However, knowing that Iraq did not have DNA technology to prove the blood identity of the U.S. seized blood-stained evidence, U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, and U.S. Executive Branch Wrongdoers manipulated an Iraq trial of {1} Nuclear Terrorist Ibrahim al Qaraghuli, {2} Nuclear terrorist Kasim al Zowbai and {3} Nuclear terrorist Walid al Kartani with the predictable result that Iraq would release {2} Nuclear terrorist Kasim al Zowbai and {3} Nuclear terrorist Walid al Kartani because Iraq did not have the technology to test for DNA on the blood stained evidence.

73. The violation of 18 U.S. Code § 832 - Participation In Nuclear And Weapons Of Mass Destruction Threats To The United States was a U.S. law that could not be tried in an Iraq court and thus {2} Nuclear terrorist Kasim al Zowbai and {3} Nuclear terrorist Walid al Kartani would be released.

77. U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, participated in the travesty of justice that resulted in release of {2} Nuclear terrorist Kasim al Zowbai and {3} Nuclear terrorist Walid al Kartani in Iraq apparently because U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, and other U.S. Executive Branch wrongdoers did not want a U.S. trial of Nuclear Terrorists in the U.S. as Clinton and the U.S. Executive Branch did not want the people of the United States to become concerned about Nuclear Terrorism in the USA as described in U.S. House Hearings 106-158 regarding Suitcase Nuclear Landmines.

78. U.S. Secretary of State Condoleezza Rice, in office January 26, 2005 to January 20, 2009 and Hillary Clinton, U.S. Secretary Of State, in office January 21, 2009 to 2013, participated in an Obstruction of Justice that manipulated the release of Nuclear terrorist Kasim al Zowbai and {3} Nuclear terrorist Walid al Kartani in Iraq when these two Nuclear terrorists should have been tried for the torture murders