Dr.Rifia…. “struggle reveal that these agencies’ intrusions and overreaches are built on half-truths that support their foundation of Judicial Architectural Deception to imprison more medical providers with the utmost efficiency.”
from youarewithinthenorms.com
NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC., SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS, MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., M.B.A., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, IN THE SPIRIT OF WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, IN THE SPIRIT OF WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., IN THE SPIRIT OF RICHARD KAUL, MD., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA, AISHA GARDNER, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
THE JUDGE, THE DOCTOR, AND THE CONSTITUTION
The Judge, the Doctor, and the Constitution:
Introduction
“The Doctor Who Won, But Still Lost“
On May 9, 2024, Dr. Muhamad Aly Rifai stood before a federal jury and heard the words every defendant prays for: “Not Guilty” on all four counts of healthcare fraud. For most, an acquittal marks the end of a nightmare. For Dr. Rifai, a board-certified psychiatrist, it was merely the opening act of a grueling structural war against the “Administrative State.”
Despite the jury’s rejection of the government’s criminal case, the Drug Enforcement Administration (DEA) continued its crusade to revoke Dr. Rifai’s registration to dispense controlled substances.
This battle, now unfolding in the Third Circuit, exposes the harrowing mechanics of an unaccountable “fourth branch” of government. Dr. Rifai finds himself trapped in a procedural purgatory, forced to defend his livelihood before an agency tribunal that he argues is constitutionally illegitimate.
the questions
???
The central curiosity of this case is one that should alarm every citizen: How can an individual challenge an agency’s power if the law commands them to endure an “unconstitutional” process to its completion before a real judge is allowed to intervene?
Dr. Rifai’s struggle highlights a growing constitutional debate over whether federal agencies are subject to the same laws as the people they regulate. Most importantly, the struggle of Medical providers such as pharmacist Laura Neuman of Neumann’s Pharmacy, Tullah, La, Drs. Lesly Pompy, MD, Norman J. Clement, RPh, DDS, of Dental Survey of America and Pronto Pharmacy LLC, Tampa, Florida, et. al., also reveal that these agencies’ intrusions and overreaches are built on half-truths that support their foundation of Judicial Architectural Deception to imprison more medical providers with the utmost efficiency.
The
?
IN NEUMANNS’ PHARMACY vs. D.E.A
Takeaway 1:
The “Two-Layer” Protection Trap
At the heart of Dr. Rifai’s appeal is a fundamental challenge to the erosion of the Unitary Executive. He argues that the DEA Administrative Law Judge (ALJ) presiding over his career is unconstitutionally insulated from Presidential oversight.
Under the current framework, DEA ALJs enjoy “dual-layer” removal protection—they can be removed only for cause by the Merit Systems Protection Board, whose members are themselves removable only by the President for specific derelictions of duty.
This isn’t merely a technicality; it is a “live and expanding source of persuasive authority,” as noted in the wake of Lucia v. SEC and SEC v. Jarkesy. Because these ALJs are “inferior officers” exercising significant federal power, their insulation from the President’s direct control places them outside the constitutional bounds of Article II.
“Defendants subjected Dr. Rifai to an administrative proceeding before a DEA ALJ unconstitutionally insulated by two layers of for-cause removal protections, violating Article II’s separation of powers.”
For the sophisticated observer, this matters because it represents a total lack of accountability. When an officer of the United States can wield the power to destroy a professional practice while remaining shielded from the Chief Executive, the constitutional chain of command is broken.
Takeaway 2:
When the “Patient” is an Undercover Agent
The DEA’s tactics in this case reveal a disturbing tension between administrative oversight and Fourth Amendment privacy. In October 2023, the DEA utilized an administrative subpoena (No. CK-23-383930) to seize the medical file of a “purported former patient.” That patient, it turned out, was an undercover investigator.
The irony is thick: the DEA used an administrative tool—which lacks the “probable cause” requirements of a judicial warrant—to gather evidence for a criminal prosecution.
While a criminal jury ultimately rejected the fruits of this warrantless search, those same documents continue to power the DEA’s current registration war. As Dr. Rifai’s brief notes, without the documents obtained through this maneuver, “the administrative proceeding would never have been initiated.”
The
?
ASKED PROJECT NORTH STAR FINDINGS vs.
D.E.A
This “game of brinkmanship” suggests that agencies are increasingly using administrative subpoenas as a backdoor to circumvent the privacy protections traditionally afforded to medical records.
Takeaway 3:
The “Proceeding is the Injury” (The Here-and-Now Harm)
Standard legal wisdom suggests you must “exhaust your administrative remedies” before heading to federal court. However, Dr. Rifai’s case leans on the “here-and-now” injury theory recently fortified by the Supreme Court in Axon Enterprise, Inc. v. FTC.
The harm, Rifai argues, is not just the final revocation of his license; it is the very act of being forced to endure a trial in an illegitimate forum.
“The claim… is about subjection to an illegitimate proceeding, led by an illegitimate decisionmaker, and as to that grievance, the court of appeals can do nothing: A proceeding that has already happened cannot be undone.”
This theory is a game-changer for those fighting federal agencies. It posits that the “ordeal” of a trial before an unconstitutional adjudicator is a prospective injury that requires an immediate remedy. If the forum itself is structurally flawed, waiting years for a “final” verdict is an illusory protection, as the financial and professional toll of the proceeding itself can never be reversed.
The
?
IGNORED DECEMBER 9, 2022, BY THE SUPREME COURT OF THE UNITED STATES OF AMERICA, et, al, AND FINALLY READ AND ORDERED BY THE UNITED STATES FIFTH CIRCUIT COURT OF APPEALS, FEBRUARY 13, 2026
Takeaway 4:
The Jurisdictional Loophole and the “Starbucks” Misstep
The District Court dismissed Dr. Rifai’s suit by citing 21 U.S.C. § 877, which “channels” review to the Courts of Appeals only after a “final decision” is reached. In a controversial move, the court relied on NLRB v. Starbucks Corp. to claim that Axon only applies if agency procedures haven’t started yet.
This creates a dangerous “Catch-22” for the citizen. If an agency can insulate its unconstitutionality from district court review simply by initiating a trial, judicial review becomes a hollow promise.
Under this logic, once the “Administrative State” begins its process, it can keep a citizen in a state of limbo, effectively blocking their path to a real Article III judge. Dr. Rifai argues that this turns the right to a fair trial into a post-hoc autopsy of a career already destroyed.
TRUTH DIVERSION THE FINAL PARADOX
Takeaway 5: The ALJ’s Ultra Vires Power to “Terminate”
One of the most aggressive displays of administrative overreach occurred on August 20, 2024, when the DEA ALJ sua sponte (on her own motion) terminated the hearing process entirely. The ALJ accused Dr. Rifai of a “protracted pattern” of delay and “abuse of process.”
However, this characterization ignores a crucial fact: Dr. Rifai was literally in the middle of a federal criminal trial during the periods of requested delay. By unilaterally terminating the hearing, the ALJ effectively moved toward license revocation without allowing Dr. Rifai to present a merits-based defense.
Even the agency itself seems mired in internal confusion. In a July 5, 2025, order, the DEA actually denied the government’s request for a default, signaling a procedural breakdown within the bureaucracy. This highlights the immense, often unchecked discretion held by administrative officers—the power to end a professional’s career before the case ever reaches a real courtroom.
Conclusion
A Looming Constitutional Reckoning
The case of Dr. Rifai, pursued against defendants like Attorney General Pamela Bondi and Acting Administrator Robert Murphy, is not merely a local dispute; it is a sentinel case for the future of administrative law.
In the wake of post-2024 authorities like Space Exploration Technologies Corp. (SpaceX) v. NLRB and Vaping Dragon LLC v. FDA, courts are beginning to realize that Dr. Rifai is part of a broader trend of citizens seeking “prospective relief” from a structurally compromised system.
The
?
As the Third Circuit weighs this appeal, the core question remains:
Is the “Administrative State” subject to the same rules as everyone else?
If the proceeding itself is the injury, can the law really ask a citizen to endure it before they are allowed to challenge its existence?
The answer will determine whether the constitutional right to a day in court remains a reality or becomes a relic of the past.
Good Afternoon.
🔓 🔓 🔓
ALL WATCHED OVER BY MACHINES OF LOVING GRACE
BE SURE TO DONATE TO THE MARK IBSEN GOFUNDME DEFENSE FUND, WHERE THE SON ALWAYS RISES!!!
OUR TREE OF KNOWLEDGE SHALL NEVER BE SUPPRESSED
FOR NOW, YOU ARE WITHIN
THE NORMS
REFERENCES:
coming this spring!!!
A “MOST PROVOCATIVE BOOK” CATALOGING INJUSTICE WRITTEN BY ANGELA GREEN
THE LEGALIZED EXTORTION OF MEDICAL DOCTORS IN AMERICA
“..upcoming book soon to be published on the frightening consequences of overreach by private entities in collaboration with law enforcement in hunting your doctor to prevent your medical care..”
the boxes
..highlighted exerts..
No Black Doctors for the Black Community and the bitter betrayal of those who are trusted and anointed to power, Ms. Green’s upcoming book doesn’t hold back ...
“As we approach the looming healthcare crisis in America, where millions of people will lose their access to healthcare because of the decision of one political party over another, I want us to consider this, which is even more daunting: the orchestrated attacks on Black doctors by our government will soon leave us with no access to a doctor who likes us. There are presently fewer than five percent of Black doctors in America, and of those who are remaining, they are being systemically removed from practice by targeted attacks by the Department of Justice (DOJ) and Drug Enforcement Agency (DEA)….
“…First, the Medicaid Fraud attacks began when Medicaid Fraud Control Units (MFCU) would visit Black doctors’ offices and look for “regulatory non-compliance.” These investigators could deem anything they wanted to be negligence, which was all they needed for a regulatory non-compliance charge. Once the charge was made, the fix is in. This established protocol has become the playbook for all future attacks against doctors, even today. Today, something as simple as a clerical error or the use of an incorrect Medicaid code can get a doctor indicted, imprisoned, and have all of his assets seized in sometimes dramatic after-hours raids in a civil asset forfeiture case. This ultimately leaves the doctor broken, penniless, and out of practice...”
Acknowledgement:
I’ve had a chance to read much of Angela Green’s upcoming book, and it will be a must-read for medical, dental, law, and pharmacy students, as well as licensed providers in America and around the world. It exposes a hidden injustice—one that has cost the lives of millions—as Ms. Green deeply explored the lives of some of America’s best and brightest medical providers and their families, showing how careers can come undone and how saving others can be undone by exposing these injustices.
Many medical providers, many of whom were at the top of their class, have found themselves doing as much as thirty years in prison based solely on fraudulent, manipulative data analytics. This upcoming book and documentary by Ms. Green will profoundly influence healthcare legislation for years to come.
And I want to especially thank Ms. Barbara Reynolds for your years of hard work. In keeping this story alive.
I made this PowerPoint just for both of you
CRIMINALIZATION OF PAIN CARE
THE ANAND-BOREL-CLEMENT (ABC) PHARMACOLOGICAL TRINITY CONCEPT
ANAND-CLEMENT RULE OF ARTIFICIAL STUPIDITY
