Daniel A. Bernath and gravity

| November 10, 2014

Daniel A. Bernath, that fellow with whom we are locked in legal combat over our right to expose him for being a phony was in court on September 12 this year in an attempt to terrorize us. He claims that he’s disabled from his exposure to Agent Orange, you know, even though he never set foot in the country of Vietnam during the use of that defoliant in his capacity as a Navy photographer on the USS Yorktown while it supported ground operations there.

He claims that he’s unsteady on his feet at every opportunity when it serves him to elicit sympathy from his audience. For example, in court, when he introduced himself to the judge, it was the first thing out of his mouth;

MR. BERNATH: I’m Daniel Bernath, and I’d like to stand up but [indiscernible] some times without, you know, I might actually do that, fall over backwards, so if I could sit at —

THE COURT: That’s fine. That’s fine, Mr. Bernath.

He mentioned it again later in the transcript, but, seriously, I’m tired of reading it. In his lawsuit against Judge Hyatt, he wrote this;

Daniel A. Bernath is a United States citizen living in Oregon. He is a United States Navy Veteran serving in Vietnam and around the world during the Cold War and has been found to be 100% disabled because of his service connected injuries. Because of the medicine he must take for severe pain and other impairments he must often use two crutches to safely ambulate.

In his attempt to inflict upon me a restraining order, he called it “gait disturbance”, to elicit sympathy from the Court;

Bernath Gait Disturbance

When Mr. Bernath wanted make a point about his local store’s use of “his” handicap parking space in their privately-owned parking lot, he had his cane handy, again to elicit sympathy;

DSCF0759.jpg~original Bernath Caddy 1

Miraculously, when he was in Vietnam this summer, Bernath didn’t need his cane, apparently. Not a cane or crutches in sight;

Bernath in Vietnam

However, it may be that the communist government there rations gravity, or, because the Vietnamese are poor and can’t afford much gravity, so that works in Mr. Ho Chi Bernath’s favor.

Category: Bernath

Comments (109)

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  1. Ex-PH2 says:

    First: may I ask for a spew warning?

    Second: Uncle Ho would not have bothered to make a POW of your subject of discussion because he can’t keep his mouth shut.

    Third: Great photo! Are there more of that vacation trip? That’s the only time he was ever actually in country, you know.

    Fourth: the comedy continues. Is there a possibility of a movie coming out of this?

    • Sparks says:

      Ex-PH2…I second the spew warning request! “rations gravity” LOTFL

    • Charlie Foxtrot says:

      I can picture the NVA a few days after capturing Daniel A. Bernath, they’d be returning him ASAP yelling “YOU TAKE HIM BACK, HE TOO STUPID FOR US TO KEEP, AND HE DRIVE US CRAZY!!”
      That or they’d keep him solely for comedy relief!!

  2. OWB says:

    Wow! He miraculously needs no assistance while in Viet Nam? It would seem that the solution to his alleged health issues would be to take up residence there.

  3. TSO says:

    The dude can probably fly when people show up for missed child support payments, or unpaid legal bills.

  4. Enigma4you says:

    Yep he may well have fallen over backwards if he has stood, Trying to keep all of those lies straight is enough to cause anyone to be disoriented

  5. SJ says:

    How does he afford this SE Asia junket when he owes so many people money?

  6. Mr Wolf says:

    Bạn là một thằng ngốc và muốn để hút vòi nước. Bạn là một thằng ngốc và muốn để hút vòi nước.

    Eat my nuoc mam.

    • gas tank says:

      stay thirsty my friends?

    • OAE CPO USN Ret says:

      nuoc mam…

      I should be able to claim PTSD from coming in contact with that stuff.

      Buddy of mines wife is Filipina. She has bottles of soy sauce and nuoc mam in the cabinet. (You can see where this is going, right?) Well, the labels on both bottles look the same and I wasn’t paying attention…

    • Ex-PH2 says:

      Wolf, you naughty, naughty man.

    • Ex-PH2 says:

      Just my 2 cents’ worth.

      Bạn đang rất xấu xí không ai muốn có tình dục với bạn

      Bạn đang ngu ngốc và bạn có một dương vật nhỏ.

      Mama của bạn sẽ chăm sóc của con lợn.

      And finally, you buku dikidao.

  7. GDContractor says:

    How in the fuck did that sorry ass piece of shit waste of skin get the PTSD? As a taxpayer, I would REALLY like to have an answer to that question. Jonn didn’t mention his claim of PTSD explicitly, but if you look on that court document in which he lists “gait disturbance”, PTSD is listed there at the top of his list. I sincerely hope the ghosts of Vietnam take this jackass for a waltz down by the billabong. What a monumental asshole.

    • SJ says:

      That surprised me too. Maybe from when Jonn was rustling the bushes?

      Pisses me off when today everyone has PTSD…takes away from the folks that really do have it.

    • GDContractor says:

      And another thing, as luck would have it, a guy that rents a commercial space a few doors down from me is a Navy vet, Vietnam era, Photographers Mate. Was on a ship(s) off the coast of Vietnam. That’s all I know because I haven’t asked him a bunch of specific questions. Furthermore, he HAS NOT volunteered any info AS TO how he won the war single handed, got a chest full of medals, inserted with the SEALS,etc. In other words, he’s just a normal dude. And a super nice guy.
      My uncle (SSG) was a Platoon Sergeant,D CO, 1ST BN, 6TH INF RGT, 198 INF BDE. D Co. was Recon. He saw the elephant. Awarded PH, BS w/V, CIB, etc. He died 10 years ago. I never heard him brag and I never heard him place blame. Other than his awesome irreverent sense of humor, he too was just a normal guy. Bernath can suck my balls.

  8. Kinda old ET1 says:

    This is my shocked face…
    No really it is.

    Bernath truly is a lying thieving rat bastard.

  9. Animal says:

    What’s with the Marine Corps sticker? Has he claimed before to be a Marine?

    Happy 239th Birthday to all the Marines out there today.

    • Sparks says:

      Animal…HEY you’re right!!! Happy Birthday to the Marine Corps and all you Marines out there. Thank you all for serving!

  10. Sparks says:

    I don’t understand Benath or…maybe I do and you legal minds here feel free to help me out.

    Have you ever heard someone who’s watched too much “Perry Mason” or “Law and Order” start talking legaleze? That is what all of Bernath’s pleadings and motions sound like. Not like a man who went to law school and has practiced before a court his whole life. The ill-informed are always adding superfluous legal sounding language.

    I mean in “Daniel A. Bernath is a United States citizen living in Oregon.” Is “a United States Citizen” necessary or relevant at all?

    He simply sounds like clowns, as I wrote above, who watch too much TV and have no idea what really happens in a court, what the court needs and wants to hear from plaintiff and defendant or how it should be written. I am NO lawyer but hell I could spitball a better legal sounding brief than he composes. At least mine would be concise and to the point.

    Go figure!

    • JAGC says:

      I watched James Branum in action several years ago. He was on my list of top three worst lawyers I have ever encountered. Bernath’s work product is inferior to Branum if you can believe that, and I don’t know who is worse. Branum’s poor legal acumen appeared to cost people their freedom, but at least Branum cut his losses and disappeared (although not by choice; he was, shall we say, steered in that direction). Bernath’s frivolous dribble wastes peoples’ time and serves as a nuisance while he continues to relish in his perversion of Navy Chiefs and veterans as a whole.

      As far as the citizen thing… He needs to state somewhere that he resides in Oregon in order to establish jurisdiction, but he doesn’t need to repeat it. That’s just silly.

      • Sparks says:

        JAGC…Thank you Sir. I wrote on another thread that I have heard Judges in small claims court be “infinitely patient” to a fault, with folks presenting their claims. On the other side I have heard Judges in regular court be equally impatient with attorneys who presented cases such as Bernath. They had no problem or hesitation in calling them down for their lack of legal acumen, their poorly written briefs and motions and even their statements before the court. I heard a Judge call an attorney all but stupid and ignorant and postponed his case for two weeks with this strong warning, “When you come back, I DO NOT want to see these mountains of unrelated documents, which are not germane to this case or the parties involved. Additionally Counselor, I ONLY want clear and concise documents and statements presented to this court BY YOU SIR! DO YOU UNDERSTAND ME COUNSELOR!!!”, in a very loud voice. Of course this counselor’s tail went between his legs and even the other professional attorneys in the courtroom were smiling and laughing quietly. I thought it was great on the Judge’s part! I had never heard a Judge speak that way except on TV and thought it was only something which happened in movies for drama purposes. But this Judge, was a no nonsense man and made it clear to not just this attorney but all those waiting to be heard, where he stood on such. The other attorneys were even quickly opening brief cases and file folders, shuffling and reshuffling documents. I can only imagine, after hearing His Honor, they were rethinking their presentations but not being an attorney I don’t know.

        JAGC SIR, have you ever heard a Judge dress down an attorney in this or any similar fashion? Not trying to gossip I’m just interested if this was an isolated, unique occurrence or if it actually happens more often than I imagine. I was just very surprised being am uninformed Joe off the street.

        Sorry for the long post Sir and thank you for any response you have to help satisfy my curiosity.

        By the way I looked up James Branum. From his Facebook page I can tell from all the self photos he thinks pretty highly of himself. Seems typical to me. Either rest on your good record and accomplishments or rely on lots of smiling photos to make everyone think you’re a great guy and wizard in court. He also has a Thomson Reuters box at the top which says he was rated by “Super Lawyers” and selected in 2014. Doesn’t say what he was or is rated just that it happened. I have no idea what Thomson Reuters or Super Lawyers are. No attorney I have ever retained was rated by anyone except the State Bar and their personal reputation in our community.

        • JAGC says:

          Sparks… I’ve seen both good and bad attorneys get completely dressed down by judges. Sometimes stuff like that happens for whatever reason. The good ones know to just stand there, take it, and do whatever the judge told you to do, even if it is stupid. The bad ones try to argue or make faces. I wouldn’t say this happens a lot, but it’s more frequent than you would think, especially in state court. Military judges will dress somebody down as well. This is second hand, but I heard a good story about a court martial panel member (military juror) attempting to dress down a trial counsel for a jacked up uniform.

          Re: Branum… I should clarify that he disappeared into exile from representing military clients. I think he went on to do bankruptcy stuff or whatever… Super lawyers is one of those silly things that private practice people like to do, kind of like stating you are a member of the ABA. It means nothing.

          • Jonn Lilyea says:

            Bernath benefits from the habit of judges to treat gently litigants who are representing themselves pro se because technically, although he attended law school, Bernath is not a lawyer in Oregon.

            • Sparks says:

              Jonn…I see your point and understand a bit better. Thank you. Still, a Judge in that area of Oregon surely knows Bernath “was” a lawyer and should hold him to a higher standard, in my opinion. But I guess the pro se part gives one a lot of latitude.

            • JAGC says:

              Most trial attorneys will agree that it stinks going up against a pro se litigant for exactly that reason. Judges bend over backwards to assist the pro se while the real lawyer is held to the normal standard. I this instance, it’s Bernath once again gaming the system.

              In the military system, it is the same for some of the more clueless civilian defense counsel. Military judges tolerated guys like Branum to the dismay of trial counsel.

            • Hack Stone says:

              So he isn’t a lawyer (in Oregon), he isn’t a CPO (honorary or otherwise), and his ability to read a fuel gauge is in question. Things are beginning to look up for him.

            • Ex-PH2 says:

              He DOES advertise himself as a RETIRED lawyer who has taken up other stuff in retirement.

          • Sparks says:

            JAGC…Thank you again Sir for your time and reply.

      • That Guy says:

        Back in the day when I did some dabbling in various advocacy issues, I ran into a man named Jack Thompson. Literally, the worst lawyer I’ve ever seen. Not insane, just a complete and incompetent asshole. No decorum to speak of. I believed he called me a devil-worshipper.

  11. Instinct says:

    The Dishonorable Daniel A. Bernath is hereby advised that he can lick my sack.

    • Green Thumb says:


    • Sparks says:

      Instinct…Wouldn’t you LOVE to hear a Judge order that! I mean solid gold there! “Mr. Bernath, this court hereby orders you to kiss all male asses and tongue all male two holes present in court at this time. You have 30 minutes to comply and you better make them good or you’ll be in contempt and spending time in county lockup! Now…proceed Mr. Bernath!”

    • Nicki says:

      If I had a sack, I’d invite him to lick it too. After I had spent a week in the field.

  12. A Proud Infidel®™ says:

    NOW Daniel A. Bernath can say he has “been on the ground” in Vietnam. Is he going to use his vacation time there as part of his Agent Orange claim? Like Frankly O said, he’s a MEGA CLASS PATHETIC LOSER!!

    Daniel A. Bernath still accuses the wrong man of being me, he’s accused at least three so far.

  13. NHSparky says:

    Another week, and another case of Bernath burying himself in his own bullshit.

    It’s like kicking puppies. Sure, there’s no real challenge in it, but they make some funny noises.

    Especially when you duct tape them, right Bernath?

  14. OAE CPO USN Ret says:

    Every time I read his drivel I want to puke. He must have a very worn out thesaurus sitting on his desk. He uses every positive word about himself and every word related to being disabled to try and evoke sympathy for him. Then in the next sentence he uses negative words to describe his opponents.

    *Ding* Hear that Bernath? It’s your timer marking another 3 hours. Time for you to go suck start your catheter again.

    (P.S. That was sarcasm, I will not be held responsible if you do something so stupid as actually suck starting your cath.)

    • GDContractor says:

      One of my favorites was this post: https://www.facebook.com/RepJeffMiller/posts/10152310442146672?stream_ref=10

      In which he refers to “100% Service Connected Veteran(s)” about 5 times… forgetting to include the word “disabled”.

      • SJ says:

        If you hover on his name on that post, his airplane that doesn’t need gas comes up and he says he is former coach of the Romania National Football Team and that he lives in Ftan Switzerland.

        He never ceases to amaze.

        • Geetwillickers says:

          Will someone who is a little less protective of their real FB identity (or who have already been unmasked by the Not-A-CPO-Lawer) please post a link to TAH in response to the poor lady seeking a source link for Bernasty’s accusations?

          Oddly enough, he has not seen fit to answer her honest question yet. I would hate to think that he is avoiding the question in order to maintain his “poor service-connected veteran (100% disabled) being insulted by big bad meanie poo-poo head TSO at the AL” status…

          • Geetwillickers says:

            Hmmm…. Not sure how to do that on my phone, but she posted her question in response to Betnutsless’ post linked above by GDC. Scroll to the end of his whiny screed and you will see it.

        • Ex-PH2 says:

          Can you provide a link to that woman’s FB post?

  15. OWB says:

    So now he can, at long last, honestly say that he was IN Viet Nam?

    That’s an absolute hoot.

  16. Bernath's Fuel Gauge says:

    How does this waste of protoplasm even get up in the morning and look at himself in the mirror?

    Heck, I know of plenty of people whom have had retired from the Guard with no combat tours that have a honorable service record that puts ol’ Daniels service record to shame, and that includes his sea cruise off the cost of South Vietnam. PTSD my empty fuel gauge. Dan, you are really deserving of a extra large cup of warm soup and a dozen hearty handshakes. Rustle, rustle you sorry ass excuse of a veteran.

  17. OAE CPO USN Ret says:

    He’s claiming PTSD due to the Pueblo incident.


    March 23, 2008

    Dear Sirs or Madams:

    I am a disabled United States Navy veteran of the Vietnam War and the Cold War. I am rated at 90% disabled by the US Department of Veterans Affairs. I suffer from PTSD, Depression and neuropathy, to name a few because of my service during the Vietnam War and during the capture of the USS Pueblo by the North Korea Communists/show of force by the US Navy thereafter and other encounters with the Soviet Navy and Air Force in the Cold War, serving in both the Atlantic Fleet and Pacific Fleet of the US Navy. http://www.yorktownsailor.com/yorktown/pueblo.htm

    I am a life member of the Veterans of Foreign Wars and the USS Yorktown Association and operate a website that is a tribute to the service of those great aviators and sailors in wartime.http://www.YorktownSailor.com

    Because of my war times service and injuries I move much more slowly than before. I use one to two crutches at all times because if I do not I will fall over into a wall or onto the floor. My handwriting has deteriorated to the point where I can barely read it. Working on the flight deck of two aircraft carriers with screaming jet engines and no ear protection has affected my hearing, among other things.

    The Social Security Administration, by and through Administrative Law Judge Dan R. Hyatt. has treated me, a disabled United States veteran in a shameful fashion. When the recorder was off after a Social Security hearing and in front of at least two witnesses (and when knew the recorder was off because he ordered it off apparently so there would be no recording of his misconduct), told me to get out of the courtroom and I endeavored to comply with his wishes. As he knows, I have a bookcase on wheels, a separate brief case for client’s files and all the contents were spread upon the counsel desk plus one to two crutches. The entire contents of my law office on wheels is about 30 pounds.

    I was putting all these items away and placing the brief case on top of the book case with wheels when again ordered me to “leave or I’ll call in Tim to throw you out.” Tim was the 300 pound plus contract guard in the ODAR office. He has had several “run-ins” with disabled people at Social Security and has finally separated from his employment there with absolutely no advance notice where he has escorted people out of Social Security for the slightest real or imagined infraction.

    Indeed, I once handed a note that I wrote out by hand. He said, “I can’t read your writing…read it to me.” I said, “Sorry about my handwriting…” but before I could finish in a very mocking tone stated “yeah, yeah. I’m sure you’ve got lots of disabilities.” (exact words on disk)

    SSA has a duty to comply with ADA and other applicable regulation and laws and permit me time to egress from a hearing at my best speed and not have me physically “thrown out” and permit disabled United States Navy veterans dignity.

    I cannot move any faster than I did on that day and indeed, my medical doctors say that my condition is degenerative so my speed will only anger Dan R. Hyatt more in the future. I live in fear that Dan R. Hyatt will use some other force to have me thrown out of a hearing in the future (my law practice is obtaining benefits for disabled people) if I don’t move to quickly to leave when he abruptly ends a hearing after a few minutes or at the end of a hearing.

    In fact, as I cannot hear as well as I could before I served aboard the USS Kearsarge and the USS Yorktown I sometimes have to ask people to repeat themselves or cup my hand to my ear. At one recently hearing I asked to clarify what he meant when he said, “one more interruption from you and you’re finished” because I feared I missed something as the comment by didn’t make sense and was not a term I had ever heard a judge make in nearly 25 years since I became a member of the Bar and have been doing my duty to clients in courts. It was at that point abruptly ended the hearing.

    This discrimination and abuse of disabled United States Navy veterans is unconscionable. I am researching to find an attorney who can bring this issue to the United States District Court but I also want to put you on notice that this is occurring apparently each and every day in a hearing room of the Social Security Administration

    • GDContractor says:

      So I get to claim PTSD because of the duck & cover drills I had to participate in while I was in grade school. Okay, I get it.

      I like this line: “[…] and was not a term I had ever heard a judge make in nearly 25 years since I became a member of the Bar and have been doing my duty to clients in courts.” Birdbath, maybe you never heard it before because, as you admitted in the preceding sentence, you are almost fucking DEAF. During the 25 years, I would bet you did not hear a lot of insults and instructions to STFU.

    • MrBill says:

      Judging from the above photo, it would appear that in the six-plus years since he wrote that, his condition has improved significantly.

    • Green Thumb says:

      Bernath is a piece of fermented dog shit.

      • Enigma4you says:

        Album Greco I think, spelling may be wrong. Its the name for fermented turds used in the leather tanning process.

    • Sparks says:

      Why is it, every document Bernath writes starts and ends with his back patting resume and biography of his “tall heroic and disabling” deeds in the service? What a putz!

      • Green Thumb says:

        Because he is a professional bullshit artist.

      • RM3(SS) says:

        I know what you’re saying Sparks! He took pictures of people doing stuff, and as far as I know his camera didn’t actually “shoot” anyone. Along those lines, how in the wide world do you “catch the PTSD” from reading about the Pueblo incident? Or was he actually on that ship. Well maybe in his mind.

        • OAE CPO USN Ret says:

          On one of his other puke pages, he talks about how the USS Yorktown was ordered to go up to the area that the Pueblo was. Meanwhile the Yorktown got buzzed by the “Bears”.

    • Dan Hyatt says:

      Ok. So I’m not the most patient guy in the world.

      Happy Veterans Day to all of you on TAH ! You’re the real deal.

  18. Sparks says:

    I think I can hear it in court now. “Now comes Daniel A. Bernath…” Everyone immediately facepalms and shakes their head thinking, “Man this is gonna be a LONG day and I already had a headache! But, it could get funny as usual too”.

  19. Sparks says:

    “Mr. Bernath, regarding Vietnam, were you ever actually on the ground in Vietnam?”

    Bernath: “Why yes, yes I absolutely was and I can recount you many details of the country, culture and people”.

    The misleading lies of omission and half truths.

    • NHSparky says:

      Before 2014?

      Uh…well, define “is”.

      And what would the judge and his VA caseworker say if they saw that pic of him diddy-bopping through Vietnam sans cane, etc?

      100% disabled? His cellmates Neil and Bob might disagree.

      • Sparks says:

        NHSparky…”Well now, you didn’t actually specify in your question as to what year my presence in Vietnam referred. Yes it was before 2014. It still seems so fresh in my mind.”

  20. NHSparky says:

    I knew Southwestern School of Law sucked, but to the point this assclown graduated?

    I should let them know what kind of alumni they have running around with their name.

  21. ByrdMan says:

    I wonder if Mr. Bernath needs a mechanic for his little airplane. This guy would be perfect.

  22. Susan says:

    Daniel Bernath is an embarassment to the legal profession and Exhibit A in what is wrong with the judicial system. Some judge should declare him a vexasious litigant already.

    That said, I have a friend with serious Agent Orange related problems that was never in Vietnam and in fact didn’t leave the states. He was, however, in charge of the warehouse where they stored the concentrate and had to move the barrels that, on occasion, leaked.

    • gas tank says:

      The problem is that Oregon didn’t get their “vexasious litigant” bill out of committee last year.

      Anyone in OR who has legal and legislative connections should look into it.

  23. Sapper3307 says:

    Looks like its time to call V.A benefits folks.
    He can pay back every cent he stole from the V.A.

  24. Jonn Lilyea says:

    It looks like the Lemon Triad is about to drag another innocent victim into this whole thing.

  25. MCPO NYC USN Ret. says:

    God Bless America!

    I am keeping my powder dry on Bernath!

    For when I authorize full weapons release (figure of speech of course, this is a MIL blog), he is going to experience life changing events that he will have no explaination and or excuse for.

    Ta Ta!

  26. HS Junior says:

    The more I read that idiot’s retarded ravings on his crappy website, the more I realize just what an ardent anti-Semite he is.

    He keeps referring to the lady he thinks is PH2 as “the Jewish Princess”, and he just posted one of his stupid photoshop works bragging about how he got a Jew who was tormenting Vietnam veterans for fun fired from Fox News.

    Just one more topping to add to all the others already covering the sh!t sunday that is the life, career, and personality of Daniel A. Bernath.

  27. Open Channel D says:

    Open Channel D

  28. HS Junior says:

    Hey, how come so many of the articles about Bernath aren’t in the “Bernath” category?

  29. W2 says:

    Too bad some commie thug didn’t catch birdbrain tugging on Uncle Ho’s beard. They might have beaten some sense into him.

  30. Just an Old Dog says:

    Just a word about things that Birdbath and ShitTTeNgeFeld types pull.
    Assholes like them can claim they rate all kinds of pensions for all kinds of illness from the VA. The top ones for Vietnam phonies are PTSD and Agent orange.
    In reality they could be collecting little or nothing.
    You have to remember Willian Derek Church hooked his bovine bride by making her think he had a large VA pension.

  31. nbcguy54 says:

    Time for the Corny Joke ‘O the Day: what do Bernath and gravity have in common? They both suck.