Monday 6 September 2021

The 9/11 Commission is a joke because it’s going to be like the Warren Commission, smoothing over something without asking the legitimate, honest, direct questions that have to be asked.

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 ---------- Original message ----------
From: PBS <pbsupdates@pbs.org>
Date: 10 Sep 2021 13:53:55 -0400
Subject: America After 9/11
To: david.raymond.amos333@gmail.com

Web Version

America After 9/11

FRONTLINE

America After 9/11

From veteran FRONTLINE filmmaker and chronicler of U.S. politics Michael Kirk and his team, this documentary traces the U.S. response to the September 11 terrorist attacks and the devastating consequences that unfolded across three presidencies. This two-hour special offers an epic re-examination of the decisions that changed the world and transformed America.

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WHAT TO WATCH September 10, 2021


https://www.ctvnews.ca/list-of-canadian-victims-of-9-11-1.693626

 

List of Canadian victims of 9-11

 
CTVNews.ca Staff Published Wednesday, September 7, 2011 1:38PM 
 
 
 
September 11 Memorial at the World Trade Centre

The Tribute in Light is seen in the sky above the National September 11 Memorial at the World Trade Center site on the 16th anniversary of the Sept. 11 terror attacks, Monday, Sept. 11, 2017, in New York. (AP Photo/Jason DeCrow)

At least 24 Canadians lost their lives in the 9-11 terrorist attacks, according to Canada's Department of Foreign Affairs and International Trade.

There is much discrepancy, however, when it comes to pinpointing just how many Canadians were killed amid the chaos on Sept. 11, 2001. Many victims, though not born in Canada, are recognized as having close ties to the country.

The victims listed below were either born in Canada or had roots in the country.

Michael Arczynski (Vancouver, B.C.)

Arczynski, 45, worked as senior vice-president of Aon Corp.'s Manhattan office. The Vancouver-native left behind three children on 9-11. His wife Lori gave birth to a fourth child, named after his late father, after the attack.

Garnet "Ace" Bailey (Lloydminster, Sask.)

Bailey, 53, was the director of pro scouting for the National Hockey League's Los Angeles Kings. He was aboard United Airlines Flight 175 when it crashed into the South Tower. He is survived by his wife, Katherine, and son, Todd.

David Barkway (Toronto, Ont.)

Barkway, 34, an executive with BMO Nesbitt Burns in Toronto, was in the office of Cantor Fitzgerald on the 105th floor of the north tower. Barkway is survived by his wife Cindy and two young sons.

Ken Basnicki (Toronto, Ont.)

Basnicki, 48, was in the north tower attending a conference for BEA Systems, the software firm he worked for in Toronto. He is survived by his wife Maureen and two children, Brennan and Erica.

Jane Beatty (Toronto, Ont.)

Originally from Britain, Beatty lived in Ontario for more than two decades before moving to the United States to work as a technical supervisor at Marsh and McLennan Cos. Inc. in the WTC North Tower. Three weeks before she died, she celebrated her fifth anniversary of surviving breast cancer.

Joseph Collison (Toronto, Ont.)

The Toronto-native was working in a mailroom on the 102 floor of the North Tower at the time of the attack. At the time of his death, Collison, who was not married, was hoping to adopt a young boy in New York.

Cynthia Connolly (Montreal, Que.)

Connolly, 40, transferred from insurance firm Aon Corp.'s Montreal offices to New York in 1999. She and her husband, Donald Poissant lived in Metuchen, N.J.

Arron Dack (Toronto, Ont.)

Originally from England, Dack moved to Canada with his parents in 1970. The 39-year-old software executive was attending a conference in the North Tower when the first plane hit. He is survived by his wife Abigail and two children, Olivia and Carter.

Frank Joseph Doyle (linked to the Ottawa Valley)

The 39-year-old Detroit native was married to Kimmy Chedel of St. Adele, Que. He was an American citizen whose parents were from the Ottawa valley and he had a home in Canada. He is survived by two children, Zoe and Garrett.

Christine Egan (Winnipeg, Man.)

The 55-year-old Health Canada nurse epidemiologist was visiting her younger brother's office on the 105th floor in the second tower of the WTC at the time of the attack. Egan was raised in England and moved to Canada in the late 1960s.

Michael Egan (Montreal, Que.)

Egan, 51, lived in New Jersey and worked on the 105th floor of the World Trade Center at an insurance firm. The father of two boys moved to the New York area from Montreal in 1991.

Albert Elmarry (Toronto, Ont.)

The 30-year-old moved from Toronto to the United States in 1999 to work in computer support for Cantor Fitzgerald on the 103rd floor of one of the towers. His wife Irinie gave birth to a daughter nearly six months after he was killed.

Meredith Ewart and Peter Feidelberg (Montreal, Que.)

The Montreal couple moved to the United States in 1997 and married in March 2000. Ewart, 29, and Feidelberg, 34, lived in Hoboken, N.J., and both had offices on the 104th floor of the World Trade Center's south tower, where they worked at Aon Corp.

Alexander Filipov (Regina, Sask.)

Filipov, 70, was born in Regina and lived in Concord, Mass. He was on American Airlines Flight 11 when it hit the World Trade Center. He is survived by his wife Loretta and three sons.

Ralph Gerhardt (Toronto, Ont.)

Gerhardt, 34, was a vice-president with Cantor Fitzgerald in the North Tower at the time of the attack. His girlfriend Linda Luzzicone was also killed on 9-11.

Stuart Lee (Vancouver, B.C.)

Lee, 30, was vice-president of integrated services for DataSynapse, a technology company that served the financial industry. Lee, who grew up in Vancouver, spent the last hour of his life emailing his company for updates from outside the WTC.

Mark Ludvigsen (Rothesay, N.B.)

Ludvigsen, 32, moved to the United States with his family at age seven. He worked as a bond broker at Keefe, Bruyette and Woods on the 89th floor of the south tower.

Bernard Mascarenhas (Newmarket, Ont.)

Mascarenhas, 54, worked for Marsh Canada, whose parent company, Marsh and McLennan Cos. Inc., had offices at the World Trade Center. He is survived by his wife, Raynette, a son, Sven, and a daughter, Jaclyn.

Colin McArthur (Toronto, Ont.)

McArthur, 52, moved to Toronto in 1977 to work as an insurance broker. He and his wife Brenda relocated to New York in 1997 where McArthur worked for Aon Corp on the 104th floor of the South Tower.

Michael Pelletier (linked to Vancouver, B.C.)

Pelletier, 36, was a commodities broker for a division of trading firm Cantor Fitzgerald on the 105th floor of the North Tower. He is survived by his wife Sophie and his three-year-old daughter and one-year-old son. Much of his family lives in Vancouver, B.C.

Donald Robson (Toronto, Ont.)

Robson, 52, worked for Cantor Fitzgerald on the 103rd floor of the north tower of the World Trade Center. He is survived by his wife, Kathy, had two sons, Geoff and Scott.

Ruffino "Roy" Santos (linked to British Columbia)

The 37-year-old Manila native moved to British Columbia with his family in the 1980s. He moved to New York in the late 1990s, to work as a computer consultant. Santos was supposed to leave the 94th floor of the World Trade Center the week after he died to work for a different company.

Vladimir Tomasevic (Toronto, Ont.)

Originally from Yugoslavia, Tomasevic moved to Canada in 1994. The 36-year-old was attending a conference on the 106th floor of the North Tower at the time of the attack. He is survived by his wife Tanja.

Chantal "Chanti" Vincelli (Montreal, Que.)

Originally from Montreal, Vincelli worked as a marketing assistant at DataSynapse Inc. The 38-year-old moved to New York in the late 1990s and lived in Harlem with her cats.

Debbie Williams (Montreal, Que.)

Williams, 35, worked for international insurance company Aon Corp. for 15 years. The Montreal-native and her husband, Darren, moved to Hoboken, N.J., after being transferred to New York City by their employer.

LeRoy Homer (linked to Canada)

Homer, 36, was the co-pilot of United Airlines Flight 93 that crashed in Pennsylvania. He was an American citizen, but his wife Melodie was from Hamilton, Ont. He and his wife lived in Marlton, N.J. with their daughter.

With files from The Canadian Press

 

 

https://www.washingtonpost.com/history/2021/09/03/worth-kenneth-feinberg-9-11/ 

 

After 9/11, Kenneth Feinberg was asked to do the unthinkable: Assign a value to each life lost that day

https://www.washingtonpost.com/wp-apps/imrs.php?src=https://arc-anglerfish-washpost-prod-washpost.s3.amazonaws.com/public/BHYPD2WDEFCUHLM7ZOJUWN7MFI.jpg&w=540

Kenneth Feinberg is seen in 2012.(Matt McClain/The Washington Post)

Twenty years ago, on the morning of Sept. 11, Washington attorney Kenneth Feinberg was in Philadelphia teaching a law school class on mediating class-action lawsuits.

Feinberg, an old-school D.C. insider who was previously chief of staff for Sen. Edward M. Kennedy (D-Mass.), was one of the country’s foremost experts on such matters, having settled massive cases involving the use of Agent Orange in Vietnam and asbestos poisoning that sickened thousands.

After class wrapped up, Feinberg saw students huddled around a TV in a hallway. He wandered over. A plane had flown into the World Trade Center. An accident, Feinberg thought. Minutes later, the second plane hit the towers. Then another slammed into the Pentagon.

So many lives lost, so many changed forever — including Feinberg’s.

Two months after the terrorist attacks, Feinberg was handed an unthinkable task by Congress: assigning dollar values to the 3,000 lives lost that day, as well as the thousands injured. As special master of the September 11th Victim Compensation Fund, Feinberg presided over an unprecedented, unlimited budget to repay families what could never be repaid.

There was no syllabus on how to do that.

“What’s a fair amount for a body?” said Feinberg, now 75, during an interview at his law practice in the Willard Office Building, just down the street from the White House. “It’s not justice. It’s not fairness. It can’t be fairness. It’s mercy.”

The nearly three years Feinberg and his office administrator Camille Biros spent distributing more than $7 billion to 5,562 people is depicted in “Worth,” a new Netflix film that premiered this past Friday. With backing from former President Barack Obama’s production company, the movie stars Michael Keaton as Feinberg, Amy Ryan as Biros and Stanley Tucci as Charles Wolf, a New York man whose wife was killed in the attacks and who later protested Feinberg’s oversight.

The movie, Feinberg said, is a fairly accurate representation of what happened, including his own evolution from a by-the-books attorney to “a rabbi and a priest and a nun,” as he put it.

“There’s a certain dramatic license that they play in the film,” said Feinberg, a father of three adult children who lives in Bethesda with his wife, Diane. “But I must say that the emotion was overwhelming.”

Feinberg asked for it.

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Feinberg talks with Stephanie Dunn, whose husband was killed at the Pentagon. (Michael Williamson/The Washington Post)

Born in a working-class town south of Boston, Feinberg attended the University of Massachusetts, where he fell in love with two things — American history and theater. He played the Duke of Venice in “Othello,” among other roles.

He even toyed with a career in acting, but his dad, a tire store owner, talked him out of it.

“Ken, most actors end up waiting tables in New York City and starving,” Feinberg recalled his father saying in his autobiography. “Why not take your acting talents to law school? You can play Hamlet in front of juries."

After law school at New York University, Feinberg became a law clerk and then a federal prosecutor in Manhattan. In 1975, he landed a job as counsel to Kennedy on the Judiciary Committee, where he helped craft the Foreign Intelligence Surveillance Act. Feinberg later rose to become Kennedy’s chief of staff.

In 1983, his career turned away from politics. A federal judge in New York asked him to mediate a lawsuit filed by Vietnam veterans against the chemical industry over Agent Orange, a “tactical herbicide” used by the U.S. military during the war that left thousands of service members sick.

Feinberg had no training in mediation, but he did have a booming Boston voice and a natural ability to lean in very close to people and help them narrow their differences enough so that both sides thought they were agreeing to something that resembled something like fairness.

More cases followed: breast implants, heart valves, asbestos.

But nothing would prepare him for the aftermath of Sept 11.

https://www.washingtonpost.com/wp-apps/imrs.php?src=https://arc-anglerfish-washpost-prod-washpost.s3.amazonaws.com/public/U2S4CJALGQI6ZLVBIKUBHDYTFI.jpg&w=540

Feinberg, writes his phone number down for Dorene Hurt, left, who was assisting a family who lost a loved one at the Pentagon. (Michael Williamson/The Washington Post)

After reading about the plan to appoint a special master in the newspaper, Feinberg thought he’d be perfect for the job — one that he would do pro bono. He called an old friend, then-Sen. Chuck Hagel (R-Neb.), to express his interest. That led to two interviews with Attorney General John Ashcroft during which they discussed the parameters of the job, which essentially allowed the administrator wide discretion over who got what from a bottomless bag of funds.

Feinberg got the job.

He and Biros came up with a formula for compensation based on current and future income with the goal of making sure that 85 percent of the funds weren’t paid to the highest income-earners, including wealthy financial executives at brokerage firms, including Cantor Fitzgerald, which lost more than 650 workers at the World Trade Center.

Few people were happy with Feinberg. He had tense encounters with victims’ families at town hall meetings. Many harangued him not just for his formula but also the coldness with which he explained it. Wolf, whose wife, Katherine, was killed in the towers, organized critics of Feinberg and set up a website called fixthefund.org.

On the site, in his “statement of purpose,” Wolf wrote:

Ken Feinberg is everything the Founding Fathers of this country were striving to avoid when they wrote the Constitution. With a sparsely written law, Feinberg was forced to write most of the details himself in the form of regulations. Then, he has to implement what he just wrote, pointing back to those same regulations as unbendable rules. Finally, he is the final adjudicator as the law prohibits judicial review by the courts. Feinberg has the power of King George III; he is lawmaker, administrator, judge and jury.

“Nobody really felt like he was listening to us,” Wolf said in an interview.

And sign-ups were lagging — a problem because the fund was inspired by a desire to get victims to accept the payments and waive the right to sue the airlines, sparing the airline industry from collapsing under thousands of lawsuits.

But Feinberg and Biros plodded on, meeting individually with families to hear their stories — hundreds of meetings, day after day. The families of busboys. The families of bond traders. The stories were harrowing: a firefighter killed by a flying body, a man burned on 85 percent of his body after being trapped in an elevator.

The burned man showed up to Feinberg’s office with a team of doctors.

“Singed, no eye brows, no hair at all,” Feinberg remembered. “Artificial skin.”

“It was horrible,” Biros said.

There was nothing requiring him to come in for the meeting.

“But he wanted to be heard,” Biros said. “He wanted people to know what happened to him.”

https://www.washingtonpost.com/wp-apps/imrs.php?src=https://arc-anglerfish-washpost-prod-washpost.s3.amazonaws.com/public/QZGHONAJ7UI6ZLVBIKUBHDYTFI.jpg&w=540

Michael Keaton as Kenneth Feinberg and Stanley Tucci as Charles Wolf in a scene from "Worth." (Monika Lek/Netflix)

As the process wore on, Wolf noticed a change in Feinberg.

“It was like God came down and talked to Ken,” Wolf said.

There was more empathy from Feinberg, Wolf said, more willingness to adjust awards beyond what the formula called for.

The process wrecked Feinberg, Biros and the firm’s lawyers.

“You cry in private, never professionally in front of the families,” Feinberg said. “And then you’re up all night. What do we do with this one? What about this? What about them? And it’s just debilitating.”

Even after finishing the disbursements for the 9/11 attacks, Feinberg and Biros were not finished.

Feinberg’s firm became the go-to law firm to administer compensatory funds following other tragedies. The mass shootings at Virginia Tech University, Sandy Hook Elementary School in Connecticut and the movie theater in Aurora, Colo. The 2010 BP oil spill. Victims of clergy sexual abuse.

Feinberg no longer seeks these tragedies; they find him.

“If it’s on the front page,” Feinberg said, “we just know we’re going to get that call.”

Read more Retropolis:

Michael S. Rosenwald

Washington

Enterprise reporter focusing on history, the social sciences, and culture. Education: Southern Illinois University, BS in journalism; University of Pittsburgh, MFA in English Michael Rosenwald is an enterprise reporter at The Washington Post. Before joining The Post in 2004, he was a reporter at The Boston Globe. He has also written for The New Yorker, Esquire, The Economist and the Columbia Journalism Review. In addition, Rosenwald was a finalist for the National Magazine Award in feature writing. He is a graduate of Southern Illinois University and the University of Pittsburgh. Honors & Awards: 

 

The Willard Office Building
1455 Pennsylvania Avenue, NW
Suite 390
Washington, DC 20004-1008
Phone: 202-371-1110
Fax: 202-962-9290

  

https://www.trgpcap.com/team/michael-rozen/

The TRGP Team

Michael Rozen

Managing Partner

Michael Rozen is a Founder and co-Managing Partner of TRGP Investment Partners LP, and is responsible for overall corporate management and oversight, deal sourcing, investment selection, portfolio construction, and commercial litigation initiatives. Michael is also a member of TRGP’s Board of Directors, co-Chair of the Board of Human Rights First and member of the Board, New York State Urban Development Corporation. From November 2016 until early 2021 Michael was the Chair of the New York State Joint Commission on Public Ethics.

Prior to forming TRGP in 2015, Michael was a partner in the renowned boutique law firm Feinberg Rozen, LLP where he was nationally recognized as a leading strategist and negotiator of complex, multi-party disputes. Among many engagements throughout his lengthy legal career, Michael was Deputy Special Master of the United States government’s 09/11 Victim Compensation Fund of 2001, Deputy Administrator of BP’s Gulf Coast Compensation Fund and outside resolution counsel for Penn State University during the Sandusky sexual assault scandal.

He holds a B.A. from Tufts University and a J.D. from Georgetown University

 

 https://www.blankrome.com/people/deborah-greenspan

CO-CHAIR, ENERGY, ENVIRONMENT, AND MASS TORTS PRACTICE GROUP

Deborah Greenspan is a leading advisor on mass claims strategy and resolution. Her practice focuses on class actions, mass claims, dispute resolution, insurance recovery, and mass tort bankruptcy. She has extensive experience in mass products liability matters, class actions, analysis of damages and future liability exposure, insurance recovery, alternative dispute resolution (“ADR”), claims evaluation and dispute analysis, settlement distribution design and implementation, claims management and risk analysis.

Deborah has been appointed by judges and government institutions to serve as a Special Master. She served as the court-appointed Special Master responsible for developing and implementing a settlement program to distribute funds to over 100,000 Vietnam veterans. She served as the Deputy Special Master for the September 11th Victim Compensation Fund of 2001, and she was responsible for conceiving the policies and for facilitating the distribution of over $9 billion to victims of the September 11 attacks. She currently serves as the Special Master in the Flint Water Cases litigation.

Deborah has extensive experience in private mediation, and she is currently the Chair of the Dispute Resolution Committee of the Tort Trial and Insurance Practice Section of the American Bar Association.

FREDERICK BOOKS

Fredric (Rick) Brooks represents clients in the evaluation, litigation, and resolution of complex disputes and in the negotiation, design, and implementation of large settlements. He focuses his practice on products liability, mass tort bankruptcies, and class actions.

Rick serves as a neutral in the settlement and resolution of complex disputes, and has designed and administered numerous large claims processes.

  • Served as a deputy to the Special Master of the September 11th Victim Compensation Fund of 2001
  • Worked for the Office of the Special Master of the re-opened September 11th Victim Compensation Fund
  • Worked on the successful adjudication and resolution of claims in settlements of significant class actions in cases involving areas such as commercial litigation and discrimination claims brought by police officers

Rick was previously a partner with a well-regarded complex dispute resolution firm where he worked on the successful resolution of numerous large class actions and mass tort matters, both as counsel to clients involved in complex litigation and as a neutral in the settlement and resolution of such matters. He also served in the U.S. Department of Justice as a Special Attorney acting as a Deputy to the Special Master of the September 11th Victim Compensation Fund of 2001. In that role, he assisted in the drafting of the federal regulations to govern the original Fund, served as a Hearing Officer for award and eligibility hearings, and conducted extensive public outreach.

 

https://www.jamsadr.com/woodin/


Peter Woodin

 

Peter H. Woodin, Esq.

JAMS Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator

T: 212-607-2700

Case Manager
Shakiya Wright-McDuffie
T: 212-607-2761
F: 212-751-4099
620 8th Ave, 34th Floor, New York, NY 10018
 
 

Representative Matters

  • Special Master/Settlement Administration: court-appointed special master for settlement and/or discovery in multi-district and other complex litigations involving pharmaceuticals (Baycol, DES and Zyprexa), Agent Orange, employment discrimination, and governmental audits; Deputy Special Master for the distribution of 9/11 funds (see Special Master biography for details)


https://www.linkedin.com/in/jackie-zins-9864a222/

jackie zins

attorney at feinberg rozen

Washington, District of Columbia, United States

 

https://www.dnb.com/business-directory/company-profiles.jacqueline_e_zins.89bab88d228902c72f2a095c23f57a51.html

 

Jacqueline E Zins

Company Profile
Independent
Address
1455 Pennsylvania Ave NW
Washington ​, DC, 20004-1008
United States
Phone
(202) 371-1110
Company Description
Jacqueline E Zins is located in Washington, DC, United States and is part of the Legal Services Industry. Jacqueline E Zins has 2 total employees across all of its locations and generates $152,357 in sales (USD). (Sales figure is modelled).
Key Principal
JACQUELINE E ZINS
Industry

https://www.nytimes.com/1979/02/18/archives/jacqueline-e-zins-sets-aug-5-bridal.html

Jacqueline E. Zins Sets Aug. 5 Bridal

Dr. and Mrs. Eugene I. Zins of Maplewood, N.J., have announced the engagement of their daughter, Jacqueline Ellen Zins, to Gerson Zweifach, son of Mr. and Mrs. Sol Zweifach of Lawrence, L.I.

An Aug. 5 wedding is planned in Edgartowm, Mass.

Miss Zins is a law clerk to Federal Court Judge Whitman Knapp of New York. She graduated summa cum laude from Princeton University and last June from the Yale Law School, where her fiancé is a senior and notes editor of The Law Journal. Miss Zins' father is an internist.

Mr. Zweifach graduated summa cum laude from Brown University. After his graduation from Yale in June he expects to be a law clerk to Federal Court Judge Pierre Leval of New York. Mr. Zweifach's father is an industrial analyst.


https://www.wc.com/Attorneys/Gerson-A-Zweifach


Gerson Zweifach Photo

Gerson A. Zweifach



https://en.wikipedia.org/wiki/Ketanji_Brown_Jackson

 

Ketanji Brown Jackson

From Wikipedia, the free encyclopedia

Ketanji Brown Jackson 2020 (cropped).jpeg

Judge of the United States Court of Appeals for the District of Columbia Circuit
Assumed office
June 17, 2021
Appointed byJoe Biden
Preceded byMerrick Garland
Judge of the United States District Court for the District of Columbia
In office
March 26, 2013 – June 17, 2021
Appointed byBarack Obama
Preceded byHenry H. Kennedy Jr.
Succeeded byVacant
Vice Chair of the United States Sentencing Commission
In office
2010–2014
Appointed byBarack Obama
Preceded byMichael E. Horowitz
Personal details
Born
Ketanji Onyika Brown

September 14, 1970 (age 50)
Washington, D.C., U.S.
EducationHarvard University (AB, JD)

Ketanji Brown Jackson (born September 14, 1970)[1] is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.[2] She was a United States district judge of the United States District Court for the District of Columbia from 2013 to 2021. Jackson has also been Vice Chair of the United States Sentencing Commission from 2010 to 2014 and a member of the Harvard Board of Overseers since 2016.

Born in Washington, D.C. and raised in Miami, Florida, Jackson attended Harvard University for college and law school, and served as an editor on the Harvard Law Review. She began her legal career with three clerkships, including with Justice Stephen Breyer of the Supreme Court of the United States.

Early life and education

Ketanji Onyika Brown was born on September 14, 1970, in Washington, D.C.,[3] and raised in Miami, Florida.[4] Her parents, Johnny and Ellery Brown,[5] were both HBCU graduates[3] and worked as an attorney and school principal, respectively.[6] Jackson attended Miami Palmetto Senior High School from 1984 until 1988, where she was a national oratory champion.[7] She earned a Bachelor of Arts degree, magna cum laude, in government from Harvard University in 1992 and a Juris Doctor, cum laude, from Harvard Law School in 1996,[4] where she was an editor of the Harvard Law Review.[8] Jackson served as a law clerk for three federal judges, including U.S. District Court for the District of Massachusetts Judge Patti B. Saris (1996–1997) and U.S. Court of Appeals for the First Circuit Judge Bruce M. Selya (1997–1998). She then clerked for Justice Stephen Breyer of the U.S. Supreme Court from 1999 until 2000.[4][9]

Career

Jackson worked in private legal practice from 1998 to 1999 and again from 2000 to 2003.[10] From 2003 to 2005, she served as an assistant special counsel to the United States Sentencing Commission.[11]

From 2005 to 2007, Jackson was an assistant federal public defender in the U.S. Court of Appeals for the District of Columbia Circuit.[12] From 2007 to 2010, Jackson was an appellate litigator at Morrison & Foerster.[10][9]

Appointment to U.S. Sentencing Commission

On July 23, 2009, President Barack Obama nominated Jackson to become Vice Chair of the U.S. Sentencing Commission.[13] The U.S. Senate confirmed Jackson by unanimous consent on February 11, 2010. She succeeded Michael E. Horowitz, who had served from 2003 until 2009. Jackson served on the Sentencing Commission until 2014.[14][9] During Jackson's time on the Sentencing Commission, it retroactively amended the Sentencing Guidelines to reduce the guideline range for crack cocaine offenses,[2] and it enacted the "drugs minus two" amendment, which implemented a two offense-level reduction for drug crimes.[15]

District Court service

Jackson on the bench of the U.S. District Court for the District of Columbia

On September 20, 2012, Obama nominated Jackson to serve as a judge for the United States District Court for the District of Columbia to the seat vacated by Judge Henry H. Kennedy Jr., who retired on November 18, 2011.[16] On January 2, 2013, her nomination was returned to Obama because the Senate adjourned sine die. On January 3, 2013, she was renominated to the same office, and on February 14, 2013, her nomination was reported to the full Senate by voice vote of the Senate Judiciary Committee.[17] She was confirmed by the full Senate by voice vote on the legislative day of March 22, 2013. She received her commission on March 26, 2013.[9]

During her time on the District Court, she issued multiple rulings against the Trump administration.[18]

Notable rulings

  • On September 11, 2013, in American Meat Institute v. U.S. Department of Agriculture, Jackson declined to enjoin a U.S. Department of Agriculture rule preliminarily that required meatpackers to identify the animal's country of origin. She found that the rule likely did not violate the First Amendment.[19]
  • On September 5, 2014, in Depomed v. Department of Health and Human Services, Jackson ruled that the Food and Drug Administration had violated the Administrative Procedure Act when it failed to grant pharmaceutical company Depomed market exclusivity for its orphan drug, Gralise, despite the fact that Gralise met the statutory requirements for exclusivity under the Orphan Drug Act.[20]
  • On September 11, 2015, in Pierce v. District of Columbia, Jackson ruled that the D.C. Department of Corrections violated the rights of a deaf inmate under the Americans with Disabilities Act because jail officials failed to assess the inmate's need for accommodations when he first arrived at the jail.[21]
  • In April and June 2018, Jackson presided over two cases challenging the Department of Health and Human Services’ decision to terminate grants for teen pregnancy prevention programs two years early.[22] Jackson ruled that the decision to terminate the grants early, without any explanation for doing so, was arbitrary and capricious.[23]
  • On August 15, 2018, in AFGE, AFL-CIO v. Trump, Jackson invalidated provisions of three executive orders that would have limited the time federal employee labor union officials could spend with union members, the issues that unions could bargain over in negotiations, and the rights of disciplined workers to appeal disciplinary actions.[24]
  • On November 23, 2018, Jackson held that 40 lawsuits stemming from the disappearance of Malaysia Airlines Flight 370, which had been combined into a single multidistrict litigation, should be brought in Malaysia, not the United States.[25][26]
  • On September 4, 2019, in Center for Biological Diversity v. McAleenan, Jackson held that Congress had stripped federal courts of jurisdiction to hear non-constitutional challenges to the U.S. Secretary of Homeland Security's decision to waive certain environmental requirements to facilitate construction of a border wall on the United States and Mexico border.[27]
  • On September 29, 2019, Jackson issued a preliminary injunction in Make The Road New York v. McAleenan, blocking an agency rule that would have expanded "fast-track" deportations without immigration court hearings for undocumented immigrants.[28] Jackson found that the U.S. Department of Homeland Security had violated the Administrative Procedure Act because its decision was arbitrary and capricious and the agency did not seek public comment before issuing the rule, which made Jackson set aside the rule.[29]
  • On November 25, 2019, Jackson issued a ruling in Committee on the Judiciary of the U.S. House of Representatives v. McGahn in which the House Committee on the Judiciary sued Don McGahn, former White House Counsel for the Trump administration, to compel him to comply with the subpoena to appear at a hearing on its impeachment inquiry on issues of alleged obstruction of justice by the administration. McGahn declined to comply with the subpoena after U.S. President Donald Trump, relying on a legal theory of executive testimonial immunity, ordered McGahn not to testify. In a lengthy opinion, Jackson ruled in favor of the House Committee and held that senior-level presidential aides "who have been subpoenaed for testimony by an authorized committee of Congress must appear for testimony in response to that subpoena" even if the President orders them not to do so.[30] Jackson rejected the administration's assertion of executive testimonial immunity by holding that "with respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist."[31] According to Jackson, that conclusion was "inescapable precisely because compulsory appearance by dint of a subpoena is a legal construct, not a political one, and per the Constitution, no one is above the law."[31][32][33] Jackson's use of the phrase "presidents are not kings" gained popular attention in subsequent media reporting on the ruling.[34][35][36][37] The ruling has been appealed by the U.S. Department of Justice.[38]

Court of appeals service

On March 30, 2021, President Joe Biden announced his intent to nominate Jackson to serve as a United States Circuit Judge for the United States Court of Appeals for the District of Columbia Circuit.[39] On April 19, 2021, her nomination was sent to the Senate. President Biden nominated Jackson to the seat vacated by Judge Merrick Garland, who retired on March 11, 2021, to become Attorney General.[40] On April 28, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[41] On May 20, 2021, her nomination was reported out of committee by a 13–9 vote.[42] On June 10, 2021, cloture was invoked on her nomination by a vote of 52–46.[43] On June 14, 2021, the United States Senate confirmed Jackson in a 53-44 vote.[44] She received her judicial commission on June 17, 2021.[45]

Community involvement

Judge Ketanji Brown Jackson, honoree at the Third Annual Judge James B. Parsons Legacy Dinner, February 24, 2020

Jackson is a member of the Judicial Conference Committee on Defender Services as well as the Harvard University's Board of Overseers and the Council of the American Law Institute.[46] She also currently serves on the board of Georgetown Day School,[47] the board of the D.C. Circuit Historical Society,[46] and the U.S. Supreme Court Fellows Commission.[48]

Jackson has served as a judge in several mock trials with the Shakespeare Theatre Company. In 2019, she joined a panel composed of Justices Ruth Bader Ginsburg and Stephen Breyer and Judges Patricia Millett and Stephanos Bibas to hear a case based on The Oresteia.[49][50] In 2017, Jackson and Judges Merrick Garland, David Tatel, Thomas Griffith, and Robert Wilkins heard a case based on Twelfth Night.[51][52] In 2016, along with Justice Samuel Alito, then-Judge Brett Kavanaugh, and Judges Thomas Griffith and Robert Wilkins, Jackson heard a case based on Romeo and Juliet.[53][54] Jackson also presided over a mock trial, hosted by Drexel University's Thomas R. Kline School of Law in 2018, "to determine if Vice President Aaron Burr was guilty of murdering" Alexander Hamilton.[55]

Jackson regularly serves as a judge for the Historical Society of the District of Columbia's Mock Court Program, which brings D.C. high school students to the federal courthouse to present oral arguments in First and Fourth Amendment cases.[56][57] In 2018, Jackson participated as a panelist at the National Constitution Center's town hall on the legacy of Alexander Hamilton.[58]

Jackson has also spoken at various law schools. In 2017, Jackson presented at the University of Georgia School of Law's 35th Edith House Lecture.[59] In 2020, Jackson gave the Martin Luther King Jr. Day Lecture at the University of Michigan Law School[60] and was honored at the University of Chicago Law School’s third annual Judge James B. Parsons Legacy Dinner, which was hosted by the school's Black Law Students Association.[61] In 2016, Jackson served as a judge during Yale Law School's Morris Tyler Moot Court of Appeals competition.[62]

Possible appointment to U.S. Supreme Court

On February 26, 2016, the National Law Journal reported that Obama administration officials were vetting Jackson as a potential nominee to the U.S. Supreme Court.[63] In March 2016, the Washington Post[64] and the Associated Press[65] confirmed that information, and Reuters reported that Jackson was one of five candidates interviewed as a potential nominee for the vacancy.[66]

It has been speculated that President Joe Biden could nominate Jackson to the U.S. Supreme Court should he have the opportunity to select a new justice during the 117th United States Congress.[67][68][69][70]

Personal life

In 1996, Jackson married Patrick G. Jackson, a surgeon and the twin brother of former-Speaker of the House Paul Ryan's brother-in-law.[71][72] They have two daughters.

 

https://law.vanderbilt.edu/news/kenneth-feinberg-to-deliver-keynote-address-at-executive-compensation-conference/ 

 

Kenneth Feinberg to deliver keynote address at Executive Compensation Conference

Feb 18, 2010

Kenneth Feinberg, better known as President Obama’s executive pay czar, will deliver the keynote speech for a daylong executive pay conference Feb. 26 at the Vanderbilt Law School. The lecture, scheduled for noon in Flynn Auditorium, is free and open to the public.

Feinberg’s official title is special master for executive pay for the Troubled Asset Relief Program. Before his appointment to oversee the controversial program, Feinberg served the federal government as special master for the Sept. 11 Victim Compensation Fund, which distributed nearly $7 billion to more than 5,000 victims and families of the 9/11 terrorist attack on the World Trade Center.

A partner in Feinberg Rosen, a New York firm he founded in 1993, he has helped resolve a number of high-profile cases. A graduate of NYU law school, he served as the late Sen. Edward Kennedy’s chief of staff in the 1970s. He was honored by National Law Journal as “Lawyer of the Year” in 2004.

The Executive Compensation Conference is co-sponsored by the Vanderbilt Law Review and the Vanderbilt Law School’s Law and Business Program.



 

https://www.esquire.com/entertainment/movies/a37397310/worth-911-netflix-true-story-kenneth-feinberg-charles-wolf/ 

 

The Incredible Real Life Advocates Who Inspired Netflix's New Film Worth

Kenneth Feinberg and Charles Wolf fought to shape the September 11th Victim Compensation Fund for the better.

Worth’s narrative thrust comes from these two men’s differing perspectives on the value of a life. For Feinberg, played masterfully by Michael Keaton, it’s about money. It has to be. His job is to figure out how much to pay each victim’s surviving loved ones. For Wolf, who gets an emotional embodiment from Stanley Tucci, it’s about justice. Wolf launches a website and organizes a separate group that demands changes to the fund’s compensation structure. He challenges Feinberg to see beyond the numbers. Curiously, they find common ground in their mutual love of opera.

Here’s everything you might be wondering about the two men at the center of Worth’s true story.

 worth 2021, michael keaton as kenneth feinberg and stanley tucci as charles wolf cr monika lek  netflix

Michael Keaton and Stanley Tucci as Kenneth Feinberg and Charles Wolf.

Netflix

Kenneth Feinberg

Feinberg was born and raised just outside of Boston in Brockton, Massachusetts. His father, the son of eastern European immigrants, sold tires while his mother, a bookkeeper, looked after Feinberg and his two siblings. Feinberg originally wanted to be an actor but, at the behest of his father, but decided to go to law school in pursuit of a more stable career. After earning his J.D. from NYU in 1970, Feinberg worked as Senator Ted Kennedy’s Chief of Staff. To this day, he remains an adamant admirer of the Kennedys. He was the Chairman of the Board of Directors for the John F. Kennedy Library Foundation from when he was unanimously elected in 2009 until 2017.

Though he didn’t know it at the time, Feinberg’s fate as a victim’s compensation expert was sealed in 1983 when a connection from law school, Judge Jack Weinstein, asked him to stave off an impending class-action lawsuit from a group of Vietnam veterans. At issue was Agent Orange—a noxious herbicide that the U.S. government sprayed across the jungles of north Vietnam and that, 15 years later, was causing cancer and sarcoma in people that were exposed to it. Feinberg’s job was to broker a settlement between the veterans and the chemical manufacturers.

As an Esquire profile of Feinberg detailed, the gulf between the two parties was intimidatingly wide: “The veterans asked for $1.2 billion. The chemical companies made their counteroffer: $25,000, total.” But Feinberg pulled it off at the final hour. “The night before the case would go to trial, he somehow forged a miracle settlement,” wrote Esquire’s Chris Jones. “A fund that would eventually reach $250 million, a record at the time.”

worth

Michael Keaton (R) as Kenneth Feinberg (L).

Netflix, Getty

Feinberg then set up his own law firm in Washington D.C.; on the side, he taught Intro to Torts at various law schools. He was on a train back to the capitol on the morning of September 11th, 2001, when multiple airplanes crashed into the twin towers and the pentagon.

Weeks later, after discovering that Congress had hastily created a September 11th Victim Compensation Fund, he asked Chuck Hagel, a Vietnam veteran who was then a Republican Senator from Nebraska, for an introduction to Attorney General John Ashcroft. Feinberg wanted to oversee the fund. Hagel made the call and Ashcroft appointed Feinberg the special master of the September 11th Victim Compensation Fund without hesitation — mostly because no one else wanted the job.

In the twenty years since, Feinberg has gone on to monopolize the legal market he incidentally invented: the facilitation of compensation for victims of disasters. His small firm, The Feinberg Group, has devised payout programs for victims of the BP Deepwater Horizon oil spill, the Sandy Hook elementary school massacre, the Boston Marathon bombing, the Penn State sexual abuse scandal ,and the Orlando Pulse nightclub shooting. Feinberg has also authored two books: 2005’s What Is Life Worth?: The Unprecedented Effort to Compensate the Victims of 9/11 and 2012’s Who Gets What: Fair Compensation after Tragedy and Financial Upheaval

Now 75 years old, Feinberg hints at no plans of retiring. Just this past spring, his firm was selected to handle the half-billion dollar fund for families of the 346 individuals who were killed in the 2018 and 2019 crashes of the Boeing 737 Max airplanes. In the wake of COVID-19, he’s also begun lobbying for the creation of a national office of bereavement, telling NPR’s Scott Simon that, “it's long overdue that national policy take into account the long-term adverse impact of tragedy, both individual and collective.”

In interviews, he often claims to favor pragmatism and strategic thinking, but others that are close to him, like his wife Dede and his business partner Camille Biros, say his compassion and his capacity for empathy have grown as a result of the decades he’s spent navigating the highly charged and emotional terrain of a disaster’s aftermath. In a recent interview with the Financial Times, Feinberg looked back in awe at his unique and unlikely career. It’s certainly not what law school prepared him for, Feinberg said. A degree in Psychology or Divinity, he admits, would’ve been better.

 worth

Stanley Tucci (R) as Charles Wolf (L).

Netflix, Getty

Charles Wolf

Wolf was born in Buffalo, New York, but was raised in Indiana after his family relocated. He returned to the Northeast to attend the Rochester Institute of Technology and, after college, moved to Manhattan. He worked for 14 years as a sales rep for Kodak, before leaving to launch a direct-sales business through Amway. A passionate singer, he joined the Village Light Opera Group.

Life changed for Wolf when he met his future wife Katherine in 1988. She was a classically trained pianist from Wales and an accompanist for the Philbeach Society, an amateur opera group in London. They originally linked when the Philbeach Society staged a joint production with the Village Light Opera Group at St. Joseph’s Church on Sixth Avenue. “Who is that woman? I’ve got to get to know her!,” Charles recalled saying on the night they were introduced. A year later they were married in Katherine’s native Wales.

12 years later, when Katherine was 40, she was killed in the 9/11 attacks. She had just started a new job as an executive assistant within the financial services firm Marsh & McClennan and the company’s offices were on the 97th floor of the World Trade Center’s North Tower. Katherine’s job technically started at 9 a.m. but her boss had recently asked her to come in at 8:30 a.m. instead. When the first plane struck the north tower at 8:46 AM, Katherine had just settled into her desk.

Wolf was in his apartment, less than a mile away, when he heard the boom. He rushed outside and saw plumes of smoke filling the downtown skyline. By the time the second tower fell, he knew he would never see his wife again. According to a profile in the Buffalo News, three days later, during a meeting for the families of those employed by Marsh & McClennan, Wolf stood up and turned to the others in the room and explained that their loved ones were almost certainly killed instantly. “As far as I’m concerned,” he said, “our people were vaporized.”

That meeting ignited Wolf’s spirit for organizing. He quickly involved himself in efforts related to 9/11 survivor’s rights, starting with his campaign to reform the September 11th Victim Compensation Fund. His first demand was to extend the timeframe people had to seek medical treatment after the attack in order to qualify for compensation. Thanks to his initial efforts, the period increased from 24 hours to 96 hours, but as the film Worth details, his fight against the fund grew much wider in scope.

After giving the fund his seal of approval and agreeing to join its ranks, Wolf continued his advocacy work on behalf of families of victims of the 9/11 attacks. Years later, when a utilities truck sucked a skeleton out of a manhole near the crash site, Wolf asked then-mayor Bloomberg to restart the search for remains. He provided guidance on the redevelopment of the Ground Zero site and has acted as an ongoing spokesperson for family members of victims during meetings with senators, presidents, and foreign officials.

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Charles Wolf

As recently as 2016, Wolf still lived in the apartment he shared with Katherine. Every so often he visits the 9/11 memorial on Greenwich Street. Each time he does, he revealed to AM New York, he bends over the wall and kisses Katherine’s name. Etched in bronze, it’s the very first name listed under the memorial’s dedication plaque.

 

 

https://www.hitc.com/en-gb/2021/09/04/worth-what-happened-to-charles-wolf-and-where-is-he-now/

 

Worth: What Happened to Charles Wolf and Where is He Now?

Jo Craig

The limited release of Netflix’s Worth has recently aired, following Michael Keaton, Stanley Tucci, and Amy Ryan in a biographical film about the lawyer Kenneth Feinberg and Charles Wolf. The pair assess the value of life after the 9/11 attacks during the creation of the September 11th Victim Compensation Fund.

The emotional biopic has two, leading actors at the helm to tell the tale, but we take a look behind the curtain at what happened to real Charles Wolf and where he is now.

Charles Wolf

What Happened to Charles Wolf?

Born in Buffalo, New York, Wolf was a devout singer and Kodak sales rep for 14 years. Wolf met his future wife, Katherine, in 1988 and the pair married in Wales.

Sadly, Katherine was killed 12 years later during the 9/11 attacks, after she had started a job as an executive assistant on the 97th floor of the World Trade Center’s North Tower.

After the tragic event, Wolf was inspired to advocate for 9/11 survivor’s rights and campaigned for the September 11th Victim Compensation Fund. He pushed for the government to extend the period of time people had to seek medical treatment, and his efforts caused an increase from 24 hours to 96 hours.

netflix worth michael keaton stanley tucci
Netflix

Where is Charles Wolf Now?

Uniting with the fund, Wolf continued to be a loyal supporter to the families of the 9/11 victims, and after a skeleton was found underground, Wolf asked Mayor Bloomberg to start another search for remains.

Wolf also assisted in the redevelopment of Ground Zero and has continued to be a spokesperson for the victims’ families during official meetings.

Reports going back a few years stated that Wolf still lived in the same apartment that he lived in with his wife, and he frequently visits the 9/11 memorial where Katherine’s name is etched.

 

 https://www.amny.com/news/a-911-tour-de-force-it-never-goes-away/

 

A 9/11 tour de force: ‘It never goes away’


BY LINCOLN ANDERSON | “Have you been down there? Have you seen what they’ve done?”

I was speaking on the phone with Charles Wolf. It was 10 days before the 15th anniversary of the Sept. 11 attack. As it would turn out, it was also 16 days before last weekend’s bomb blast in Chelsea. (Everything is bookended, it seems, by terrorism these days… .)

No, I admitted to him, I hadn’t really visited the new World Trade Center and the National 9/11 Memorial and Museum. I had covered the disaster — I saw one of the mighty towers fall, breathed in the toxic fallout — but haven’t closely covered all the rebuilding and rebirth as the area has risen from the ashes.

“You should come down, I’ll give you the tour,” he said.

I accepted his offer. After all, I was overdue. We planned to meet the next day. …

charlie-wolf-9-11-tour-2016-09-22-v01vilprint_webweb
Charlie Wolf touching his wife, Katherine’s, name on the 9/11 memorial. Hers is the first name listed under the victims of World Trade Center 1, the north tower. Photo by Tequila Minsky

Charlie has a special and enduring attachment to this part of Lower Manhattan. That’s because he lost his wife, Katherine Susan Wolf, here on 9/11.

I asked him how he was doing emotionally as the anniversary approached. Just the fact that it has now been 15 years, in itself, is amazing.

‘The older you get, the faster time goes,” he reflected.

Katherine was working on the 97th floor of World Trade Center Tower 1 that morning.

The first hijacked jumbo jet hit Tower 1 at 8:46 a.m. Alhough she had a 9 o’clock starting time, she had been going in early, at 8:30 a.m., having just begun a new job as executive assistant to the president of Marsh & McClennan’s e-commerce division.

The 767 came hurtling in at 400 miles per hour, banking left. When the plane hit the building, its impact zone stretched from the 93rd to 99th floor. Wolf, who is a pilot, figures the terrorist at the controls tilted the wings this way on purpose, so as to spread the damage as widely as possible.

“Her desk was four desks from the window,” Wolf recalled of Katherine. “She was vaporized instantaneously…which is a blessing.”

Everyone present in the company’s offices that day perished, nearly 360 people.

Katherine was 40. They had married 12 years earlier, on Sept. 1 — which, coincidentally, was the day I first called Charlie for this column.

“Actually, we got married today – in Swansea, Wales,” he said. “Today would have been our 27th anniversary.”

charlie-wolf-9-11-tour-2016-09-22-v03vilprint_webweb
Charlie Wolf with his late wife, Katherine, in Swansea, Wales.

Wolf, 62, an Amway salesman, has lived on Bleecker St. since the 1970s. A Buffalo native, he took a job with Kodak in New York City because his girlfriend from college lived here. She eventually dumped him for her tennis coach.

He would later meet Katherine at St. Joseph’s Church on Sixth Ave. Wolf was a member of the Village Light Opera Group, which performed there, and she was in town with an English troupe that was doing a production at the Village church.

On 9/11, Wolf instinctively knew something was wrong when he heard the first jet flying low over his apartment. He had learned how to fly when he was 20, so he could tell. He went out on his balcony for a better listen.

“It was a twin-engine jet, with the throttles at maximum — like at takeoff,” he recalled thinking. “I could tell it was only 1,000 feet off the ground. I stepped back into my apartment, and that was when I heard the kaboom.”

In his pajamas and bare feet, he ran out onto Thompson St., and someone told him the World Trade Center had been hit.

“I called up the F.B.I.,” Wolf said, “because I knew 911 would be busy. I said, ‘That was a twin-engine — that was deliberate. …’ ”

That phone call was the start of Wolf’s involvement with 9/11 — from dealing with the devastating grief of Katherine’s loss, to joining other family members in advocacy work, ranging from fighting for compensation to the National 9/11 Memorial and Museum to, most recently, rallying behind a bill to allow family members to sue Saudi Arabia, the country from which 15 of the 19 hijackers hailed.

After the W.T.C. fell, Wolf, unlike many others, didn’t tape up missing posters for Katherine.

“I didn’t understand why people were putting them up,” he said, “because I knew where the plane had hit, and I knew she was gone.”

Back on the bike…

I covered the 9/11 attack as a reporter for The Villager.

I remember biking down past St. Vincent’s, where hospital staff were standing on Seventh Ave. in their green scrubs. I paused there with them, and we watched the Twin Towers, sporting gaping holes, as the huge buildings smoked and burned.

I remember watching from the Battery Park City ball fields, as a long sliver of a corner of Tower 2 suddenly just fell away into the sky, as if in slow motion. My view was blocked by Tower 1, so I didn’t immediately realize the first building had collapsed. But soon, an enormous, ugly, roiling green-yellow-brown-and-gray ball of smoke rose over the ball fields’ southern end. It just kept growing and growing in size, rolling toward us.

I remember biking down South St. with a flimsy spray mask on my face — it didn’t even seal around the edges — that I’d gotten at a triage post set up in Tribeca outside the then-Travelers Building. As I pedaled past the old Fulton Fish Market, the air was full of “brown rain.” It was W.T.C. fallout — little fluttering particles of cement, asbestos, glass, yes, probably human bodies, too, and who knows what else? The tan flakes stung my lungs and eyes, but soon my nerve endings just went numb, and I didn’t feel any burning anymore. I pedaled on through the dust-covered streets, trying to edge closer to the W.T.C. … Eventually, though, police corralled me onto a tugboat that evacuated me and a few others to Jersey City. …

The Pit and Point Hero

One night, a few days later, following behind a hard hat and a guy wearing a Department of Corrections jacket, I snuck into Ground Zero. I watched the surreal scene as police officers and others manned a bucket brigade, hoping to dig survivors out of the rubble of The Pit. A doctor there, cynically — though, I suppose, realistically — told me there would be no survivors, but the bucket brigade gave people hope. …

I remember the rescue workers — soon redubbed recovery workers — coming up the West Side Highway in buses at night, past “Point Hero,” outside our office, which was then at Canal St. As I typed up articles about the disaster, people would be out there, cheering the heroes on. I could see their candles flickering yellow in the darkness. … And there was the toxic smell of the burning rubble. And the incredible thin plume of black smoke that hovered over Ground Zero — for was it as long as two weeks?

I recall the shiver of fear I felt for the first couple of days afterward entering Grand Central Station — which I figured was a target, too — to catch the train to work Downtown. But that faded… .

W.T.C. phoenix dove

As for why I hadn’t really been back to the World Trade Center, well, for starters, The Villager doesn’t generally cover that far down into Lower Manhattan. We have a sister paper, Downtown Express, that has covered all the rebuilding in painstaking detail. And, like many New Yorkers, I don’t like to wallow in things — I try to move on. The memories of 9/11 are heavy. That said, again, I gladly accepted Charlie’s invitation to take “the tour.”

After meeting at the impressive new Fulton St. transportation hub, we started with the Oculus, another, far, far grander new transportation hub, designed by Santiago Calatrava. It’s definitely…different. It’s supposed to resemble a dove’s wings. But actually it reminded me of “Prometheus,” the latest “Aliens” movie. Its colossal soaring white ribs made me think of the big, bone-white humanoids from the Ridley Scott sci-fi flick, who, I imagined, would look right at home here.

Steve Cuozzo, writing in the New York Post, said the Oculus and, in fact, much of what has been built down at the former Ground Zero, essentially amounts to a pricey mall. And it’s true — the Oculus is lined with high-end shops. But it’s clearly popular with people — especially tourists, from the looks of it. It’s an impressive structure, and seemingly tailor-made for our new selfie-centric world. Everyone snaps photos of themselves there.

Wolf, who loves the Oculus, said, “It’s totally gorgeous.” In fact, he’s a big booster of the entire new W.T.C. site. “They took lemons and made lemonade,” he said.

I really liked W.T.C. Tower 4, designed by architect Fumihiko Maki, whose special glass “disappears” into the sky and reflects the passing clouds.

There of course is Tower 1, which had been dubbed “The Freedom Tower,” though is no longer called that. I asked Wolf if he likes the tutti-frutti pole atop it, whose colors can be changed — like the top of the Empire State Building — to commemorate a special day or event. He doesn’t think it’s cheesy, though, noting, “We have another icon we can use.”

Fight for families’ rights

Wolf formerly was heavily involved in fighting for the rights of victims’ family members. In 2002, he set up a Web site, FixTheFund.org, which pushed to extend the timeframe that people had to seek medical treatment after the attack and still qualify for compensation; in the end, the period was lengthened from 24 hours to 96 hours.

Family members “were being portrayed as greedy,” Wolf recalled. “People were seeing the Victims Compensation Fund as charity — not rightfully deserved.”

He also advocated for restarting the search for victims’ remains after a Con Ed vacuum truck sucked a skeleton out of a manhole near the W.T.C. Wolf met with Bloomberg administration officials, who assured him the search would recommence.

“I just knew, if there was one body, there would be more,” he said. Wolf urged the city to “look under the streets,” since the destroyed area had been repaved to allow construction vehicles better access. In the end, the Bloomberg administration spent $60 million on additional searching.

Wolf and other family members also protested outside a White House Holiday Dinner to demand that a bill to appoint a national intelligence director be passed.

charlie-wolf-9-11-tour-2016-09-22-v02vilprint_webweb
During the photo shoot for this column, Charlie Wolf happened to bump into Michael Arad, the designer of the World Trade Center memorial, “Reflecting Absence.” Arad, who lives in the East Village, “has a wonderful soul,” Wolf said. Photo by Tequila Minsky

The director was needed, Wolf said, since, “If the F.B.I. and C.I.A. had been talking to one another [before 9/11], they would have been able to find out was going on.”

More recently, last year, Wolf testified before the Lower Manhattan Development Corporation, advocating for funding to keep the annual Tribute in Light display proudly beaming up to the heavens during the anniversary.

‘Reflecting Absence’

Wolf led me through the small new Liberty Park, at the south end of the site. The battered sculpture “The Sphere,” by Fritz Koenig, which once anchored the W.T.C. plaza, will be brought back here.

“It does not belong on the memorial plaza,” he said of the iconic artwork.

Next, it was on to the memorial plaza, “Reflecting Absence,” with its two waterfalls on the exact footprints of the Twin Towers. Wolf, who is an excellent docent of the entire site, explained that the white swamp oaks that dot the memorial, once grown, “will form a cathedral-like canopy” overhead.

Around the memorial ringing the Tower 2 waterfall are the names of all the first responders — including the staggering 343 firefighters — who died on 9/11, covering nearly two full sides of the square. Also around this pool are the victims of Flight 93, who managed to down their plane in Shanksville, Pa., before it could crash into its intended target, possibly the White House, Wolf said.

‘Let’s roll!’

I looked for Mark Bingham’s name, and eventually found it. A burly gay rugby player, he was one of the group of passengers who — with a cry of “Let’s roll!” — stormed Flight 93’s cockpit, forcing the terrorists to crash the plane before it could strike the capitol. I remembered interviewing Bingham’s mother, Alice Hoagland, a former flight attendant, on the phone about his heroism, and interviewing his roommate in Chelsea.

“These are the largest manmade waterfalls in the world,” Wolf said, as we made our way around the twin squares.

A woman placing flowers at the memorial asked Wolf to shoot her photo. Her brother-in-law, Gerard Baptiste, was one of 10 firefighters from Engine 33, on Great Jones St. in Noho, who died responding to the disaster.

“I lost my wife,” Wolf said, smiling gently, before snapping her picture.

The names around the Tower 1 waterfall memorial are packed together more densely, Wolf explained, since there were more fatalities in that building.

“No one got out above the 91st floor,” he said.

Charlie showed me Katherine’s name.

“That’s my wife. … I always give her a kiss,” he said, bending over and touching his lips to her name etched in the bronze.

As for why hers is the first name listed among the victims of Tower 1 — the memorial’s names are not listed alphabetically — it would seem to be an acknowledgment of Wolf’s leading role as a family member. However, he said it wasn’t his doing.

“They said, ‘Where do you want her?’ ” he recalled. “I said, ‘Wherever you want.’ ”

Press and politicians

I looked for the name of someone I knew, Doug Gardner. I knew him as a great hoops player and genuinely nice guy in the annual Fire Island Basketball Tournament, which I had started playing in when I worked on the Fire Island News as a young reporter. I actually didn’t know until 9/11 that Doug had been a top executive at Cantor Fitzgerald. I found his name, Douglas Benjamin Gardner, on the southeast corner of the Tower 1 memorial, grouped with the other Cantor execs. On this 9/11, a veteran ball player from the tournament wrote his memories of Doug and sent them out on the group e-mail list. I attached a photo I took of Doug’s name on the memorial, then hit “reply all.”

charlie-wolf-9-11-tour-2016-09-22-v05vilprint_webweb

On Sept. 11, 2016, at the “Reflecting Absence” memorial, looking out over the waterfall on the former site of W.T.C. 1, from the southeast corner where the names of Cantor Fitzgerald executives are listed. Cantor lost 658 people in the attack, the largest toll of any company. Photo by Lincoln Anderson

On the corner diagonally across the Tower 1 pool from there is the name of Berry Berenson Perkins, the wife of Anthony Perkins, of “Psycho” fame. After 9/11, the late Jerry Tallmer wrote a column for The Villager about how he had interviewed her, and how enraged he was at the terrorists who had killed her. The memorial’s corners seemed to be powerful spots.

Go-to media guy

Affable, upbeat and articulate, Wolf has been one of the go-to 9/11 family members for the media.

“I’ve been on every television station in the city,” he told me. “I’ve been in every newspaper up and down the East Coast. … The week that bin Laden was killed, I did 46 press interviews.”

He’s also met all the politicians on their visits to the W.T.C. site over the years. After the memorial’s dedication in September 2011, he was particularly moved when former Governor George Pataki extended himself to him.

“Pataki put his arm around my shoulder and said, ‘C’mon, Charles, let’s go look at Katherine’s name.’ He’s a great guy.”

President Obama met with family members in May 2014 when the 9/11 museum was dedicated. Three years earlier, Obama had come to Lower Manhattan to meet with Wolf and other family members after Osama bin Laden was killed. I had to press Wolf, who is a registered Republican, to get his thoughts on Obama.

“His words to the group were very sober, not for media consumption,” he said, adding, “Yeah, he got it right.”

Chuck was the man

But he does like one Democrat immensely, Chuck Schumer.

“If we needed help, Senator Schumer was always right there,” he said.

Hillary Clinton, as a senator, on the other hand, he felt was always slower to respond.

“Hillary would wait two weeks — maybe testing the waters, checking the political winds,” he said. “We don’t know. That’s her style.”

At the same time, he acknowledged, “Hillary, when you talk to her one-on-one, she is focused on you.”

Wolf fondly recalled one time when 9/11 family members were holding a news conference on the Upper East Side, but ABC News couldn’t get its van there on time. Schumer told Wolf to hop into his car with him and they would drive over to ABC’s studios on the West Side and film a segment there.

“We were going through Central Park and Schumer told his driver, ‘Put your red light on.’ He put the red light on his dashboard,” Wolf recalled.

Into the museum

I had already spent a few hours touring the W.T.C. site with Wolf, but he persuaded me to pop into the 9/11 museum “for just 15 minutes.” Fifteen minutes turned into three hours — and could have easily been more, if we didn’t have to leave at closing time.

There’s so much to see and absorb, from an exposed portion of the massive W.T.C. slurry wall — which keeps the Hudson River from flooding the landfilled site — to a section of the W.T.C. antenna — up close, it’s thicker than I would have imagined.

charlie-wolf-9-11-tour-2016-09-22-v04vilprint_webweb

The 9/11 museum features an exposed section of the massive World Trade Center slurry wall, which keeps the Hudson River from flooding the area, which is built on landfill. Looking like giant pushpins, the tiebacks are enormous, long bolts that anchor the wall in place. At right is the final beam removed from The Pit of the destroyed W.T.C., inscribed with the huge number of firefighters, 343, who died in the catastrophic attack. Photo by Tequila Minsky

There is the destroyed Ladder 3 fire truck from the firehouse at 108 E. 13th St., which lost 12 men on Sept. 11, 2001. The rig’s ladder, melted in the inferno, lies drooped over the front cab in a sideways “S,” like a squiggle of wet spaghetti.

At one point, Wolf was gazing at a photo of a man who jumped from one of the top floors of one of the towers.

“These people did not commit suicide,” he stressed. “They had no choice. They weren’t going to survive — just [wanted to] go faster, less painfully. I just thank God that my wife didn’t have to make that choice,” he said, again stating his belief that his wife was killed instantly.

‘Hugs are wonderful’

A tourist from Florida overhead Wolf and spontaneously embraced him, breaking out in tears.

“I’m sorry, I’m so sorry,” she said, as she hugged him.

Wolf told the couple to go by Katherine’s name on the memorial and “give her a kiss.”

“It felt good. Hugs are wonderful,” he said afterward. A reiki patient and practitioner, he firmly believes in the healing power of touch.

Another photo showed a woman holding down her skirt as she leaped off Tower 1 somewhere around the 100th floor.

“That’s what Katherine would have done,” he noted.

Yet, it wasn’t her, rather a woman from Cantor Fitzgerald, he had been told. Plus, Katherine was wearing different clothes, a business suit, he said. Somehow, though, he had felt compelled to ask.

One alcove in the museum has audio recordings from the doomed Flight 93. I was amazed at the bravery, especially of several women passengers, who left final messages for their loved ones. Their voices were mostly calm and unwavering, even as they knew they probably wouldn’t survive.

Emotional sucker punch

Wolf suddenly teared up after watching a screen showing a loop of the Budweiser 9/11 Super Bowl XXXVI ad. Only aired once, the team of Clydesdales trot to within view of the empty W.T.C. site, then kneel in silent respect.

“Sometimes you get sucker-punched,” he said. “I mean, I love animals. …”

Understanding so intimately the feelings that can overwhelm a person in this sort of space, Wolf said it was his idea to advocate for a way to duck out quickly, if needed. His suggestion was accepted.

“Along the way, there are places to exit early, if it’s too much for you,” he explained. “They call them ‘emotional escape routes.’ ”

Down to bedrock

Finally, we arrived at the room where all the victims’ photos are displayed, entirely covering the walls from floor to ceiling. Looking at the sheer number of faces, the magnitude of the loss sunk in for me once again.

“This is what makes it a memorial,” he said.

The photo of Katherine is there, “a Welsh redhead,” Wolf said fondly. He tapped her image on a touchscreen. We then entered another room. Inside, a glass floor floats over bedrock — the very bottom of the former W.T.C. site. Photos of Katherine alone and with Charlie projected onto a wall with a brief text. In turn, I called up my friend Doug on the touchscreen, and was glad to see that his brief bio includes that he was a basketball player.

As the museum was closing, we exited up the long ramp to the recorded music of bagpipes, which seemed fitting. Wolf paused to chat with security guard Bridget Mills.

“God bless you, that you came here. A lot of New Yorkers don’t even come to the plaza,” she said, referring to the outdoor memorial, which is free. “I’m spiritual, and I feel a spirituality here,” she added.

One other thing about the museum, Wolf had explained to me earlier: After some debate, the decision ultimately was made to include photos of the 19 terrorist hijackers. But their images are shown very small — about the size of baseball cards — and they are positioned at knee level. The viewer is “looking down on them,” Wolf noted.

Yet, after watching a video showing police selflessly helping people flee from the burning Towers, Wolf stressed the need to stop stereotyping — of any sort. Period.

“It’s just too bad that the bad apples are getting all the attention,” he said. “People have to stop painting all cops as bad, painting all Muslims as bad.”

‘This time was tough’

On Sept. 11, I caught up with Wolf on his cell phone after he had returned from a Cantor Fitzgerald memorial event he had been invited to this year for the first time. He was back up on Bleecker St., downing some spicy dumplings and sesame noodles at Uncle Ted’s.

Asked how this 15th anniversary of 9/11 had compared to others, Wolf said, though it’s gotten less painful as the years go by, this one “was very rough. I was getting angry and I cried,” he said. “Honestly, it’s probably good, the emotion is coming out.

“The last time I really had a tough year was 2009,” he reflected. “Most of the time when the bells ring, I’m O.K., but this time it ripped right through me.”

At the memorial, a bell is solemnly rung twice, marking the time each jet hit the towers.

He said he had gotten “some wonderful hugs” from people at the ceremony, including, again, Pataki (who may well have a future in reiki).

Wolf, who is Episcopalian, also gave two scriptural readings — one from Jeremiah, another from Timothy — at the Cathedral of St. John the Divine on the anniversary.

As for trying to move on, Wolf said his father, who lost his own wife, Wolf’s stepmother, confided to him, “It never goes away.”

Wolf said he did date someone starting in 2003 for a few years, but she broke up with him. Part of the reason they split, he feels, was because he came down with 9/11-related symptoms from the toxic air that wafted over the Village after the attack.

“That stuff stayed in my body — I guess, because of my emotional state,” he said. “I couldn’t climb up stairs. At one point I could barely walk a block.”

Using alternative therapies, like acupuncture and homeopathy, though, Wolf began to feel better.

“I’m trying to get back in the dating world,” he said. “It’s not easy. You gotta start from scratch.”

Chelsea — ‘so minor’

Less than a week after this year’s 9/11 anniversary, New York was rocked by another terrorist attack, when a bomb blew up on W. 23rd St. in Chelsea this past Saturday night, injuring 29 people. Luckily, no one was killed or seriously injured.

Sunday night, I asked Wolf, as a 9/11 family member, for his reaction.

“Anytime this kind of stuff happens, you get a little bit of ‘Oh, gosh’ — thankful you’re not there, thankful you didn’t get hurt,” he said.

However, he added, “This is so minor compared to what happened [on 9/11]. But there are still people out there that want to kill us.

“After what I’ve been through — you were there, you saw it,” he told me, “this is nothing compared to that. I’ve been through the mill. I’m still here.”

I had been expecting a different response from him, but I think I understood where he was coming from. Going on the tour of the W.T.C. site with Wolf brought me back to those wrenching days of 9/11, to a disaster on an epic, world-changing scale, the likes of which we had never seen.

I asked Wolf again on Monday night for his thoughts, after the alleged Chelsea bomber had now been arrested and linked to another blast. But his view had not changed.

“It’s terrorism, but nothing compared to 9/11,” he said. “No deaths, 29 injuries, with the injured out of the hospital the same night, and a small amount of property damage.

“This is small potatoes,” he said. “The media wants to gin it up.”

Asked if anyone from the media had called him for comment about it, he said, “You did!”


Trust that I called Amway Products Distributor I was not surpised by the fact that he didn't care about what I was tying to tell him so I set him te email foud belw ad will le te plical cards fall whee the nay
 
 
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 6 Sep 2021 17:49:10 -0300
Subject: Fwd: Methinks Trudeau The Younger and his CBC minions
underestimate the fury of upset Maritimers Nesy Pas?
To: cwolf@tep.org
Cc: motomaniac333 <motomaniac333@gmail.com>
 
 

Tau Epsilon Phi is a national men’s fraternity founded at Columbia University in New York City in 1910 on the principles of friendship, chivalry and service. Formed by a group of 10 Jewish men who were excluded from membership in other fraternities due to their faith, they dedicated themselves to building an organization free from discrimination.

Tau Epsilon Phi can now be found along the East Coast of the US from Maine to Florida, and as far west as Indiana. ΤΕΦ continues to look at reopening chapters nationwide.

 

Mission Statement

TO TEACH young men that there is more to be gained out of life by serving others. That friendships are of greater value than material wealth or gain. That man is a social creature who needs to share with others to do so willingly and freely. That a group is dependent on all of its members to contribute to the good of the whole rather than to work only for self-serving interests. This is the ambition of Tau Epsilon Phi.

TO PROVIDE the forum through fraternity for our ambitions to be heard and practiced. For the atmosphere where cooperation and giving can develop and flourish. For a meeting place to share ideals and from which these dreams may be a springboard into reality. For a common voice through the fraternity that others may know our accomplishments and our aspiration for the benefit of all men. This is the basis of Tau Epsilon Phi.

TO GIVE to others without selfish thought of gain or personal advancement. To our brothers knowing that others that follow will be the ones to reap the benefits of the seeds we sow more than we will. To our friends so that they may always know in their hearts and minds that they have someone upon whom they may depend in time of need. To our neighbors so that the community of man may be a little better for our having been there. This is the directive of Tau Epsilon Phi.

TO CREATE a better society where men have learned to value others as they value themselves. An opportunity for young men to learn the message of Tau Epsilon Phi and, having learned it, to teach others. An organization that can and will be proud of the accomplishments of its members and itself without the arrogance that pride often brings. A hope for a better social community of man and to work to bring its hopes to reality. This is the goal of Tau Epsilon Phi.

TO HAVE a membership who respect one another and the organization for which they all stand. An organization that is not afraid to speak its mind but, at the same time, is willing to understand the needs and dreams of others. Members who practice the ideals of fraternalism and live by the creed of Tau Epsilon Phi as a matter of course because they believe in its values. Friends, neighbors and associates with whom a trust and understanding that needs no words exists. This is the mission of Tau Epsilon Phi.

Contact Us

For infomation regarding Tau Epsilon Phi you can write directly to the chair of the committee that is the most relevant to your issue:

Tau Epsilon Phi Fraternity, Inc.
400 Broadway, #718
Troy, NY 12181

Function Focus Area Chair
Executive DirectorAll fraternity mattersTim Smith
GovernanceTEP constitution and by-lawsCharles Wolf
ChaptersRe-chartering of inactive chapters; chapter eligibility; risk management & insuranceTim Smith
Alumni RelationsAlumni activities and organizationsMark Abramson
FinanceFinancial matters / duesDonald Anspauch
Web SiteWeb content / correctionsTim Smith

 

Charles Wolf
governance@tep.org 


Tim Smith
tsmith@tep.org

 
 https://tep.org/cwolf/

Charles G. Wolf, Director

Charles G. Wolf was elected as a Director on the Grand Council on October 23, 2020, at the 2020 virtual Grand Chapter session.

Charles joined Tau Epsilon Phi Fraternity in Spring 1974 when he was initiated into the Epsilon Nu Chapter at Rochester Institute of Technology (RIT) in Rochester, NY. Charles graduated from RIT in May 1978 with a Bachelors of Science Degree in Photographic Marketing Management.

Following graduation, Charles went to work for Eastman Kodak as a Technical Sales Representative in Kodak’s Professional Photography Division.  After nine months of accelerated training at Kodak’s Marketing Education Center in Rochester, NY, Charles was assigned a New York City territory in Manhattan’s “Photo District.”

In the early-1990s, Charles went to work for Tiger Information Systems in New York City as an information systems technical support specialist in New York City law firms. During this time, Charles’ new British bride, Katherine, joined him in building a “second-gig,” part-time sales and marketing business with Amway Corporation.

In early 2001, after a killing one block from his home, Charles was asked to chair a Greenwich Village business and resident neighborhood association.  He orchestrated the neighborhood’s approval to bring in the Guardian Angles to patrol the streets to drive out the drug dealers responsible for the killing, and otherwise intimidating the neighborhood. After 9/11, this action spurred newly-elected Mayor Michael Bloomberg to initiate a city-wide quality-of-life program.

On August 27, 2001, Katherine, who also worked full-time, took a new job with Marsh & McLennan on the 97thFloor of One World Trade Center.  Katherine was killed in the terrorist attacks of September 11, 2001.

Following the 9/11 attacks, Charles became a major 9/11 activist, successfully achieving changes to several key post-9/11 issues and developments, such as: (1) convincing the Special Master to change the way he ran the September 11thVictim Compensation Fund, resulting in its congressionally-acclaimed success; (2) convincing New York Governor Pataki to cancel plans to build a political museum within feet of the National September 11 Memorial; (3) in 2006, successfully lobbying Mayor Bloomberg to resume the search for 9/11 remains; (4) during the ten years of its development and construction, advocating for the National September 11 Memorial and Museum; (5) in 2016, with others, successfully lobbying the United States Senate to override a presidential veto so the 9/11 families could sue a foreign country for funding the 9/11 attacks; and, (6) in 2018, again, with others, lobbing the Senate to pass, by a 100-0 vote, a resolution encouraging the declassification of 9/11-related documents.

Charles initially was elected to the Grand Council in 2011 as the Second Vice Consul, was elected again in 2013 as a Member-at-Large, and again in 2016 and 2018 as Second Vice Consul as most recently in 2020 as a Director. Charles is a Parliamentarian, which he puts to use for ΤΕΦ.

Charles was a professional photographer at the age of 18 and still enjoys photography.  He earned his private pilot’s license in 1975, loves sailing, studies wine, and loves good food.  Charles lives in Greenwich Village, New York City.

https://tep.org/tsmith/

Timothy A. Smith, Executive Director

Tim Smith was named Executive Director on December 21, 2018 after an extensive recruitment and interview process. Tim will serve as the Fraternity’s first Executive Director since 2011.

Tim Smith was previously elected International Consul (Chairman, President & CEO) of the Tau Epsilon Phi Fraternity, Inc., on July 23, 2016 at the Grand Chapter sessions and Convention in Orlando, Florida.

Tim joined the Tau Epsilon Phi Fraternity in the Fall of 1993 when he was initiated into the Epsilon Iota Chapter at the Rensselaer Polytechnic Institute (RPI) in Troy, NY. Tim would graduate from RPI in 1997 with a Bachelor of Science degree in Accounting Systems and in 1999 with a Master of Business Administration degree specializing in New Product Development.

Tim served the Epsilon Iota Alumni Association as it’s Chancellor from 2000 to 2003 and remained on its board of directors in various roles until 2014, when he was elected to the position of Director Emeritus.

Tim has been active with the National Fraternity since October 2007 when he was elected as the Interim Consul at an impromptu Grand Chapter meeting in Camden, New Jersey. Since then he has served on the Grand Council as an alumnus member-at-large and as a two-time International Tribune (Secretary).

At the annual meeting of the North American Interfraternity Conference (NIC) in 2020, Tim was re-elected to serve on the NIC Governing Council as the Fraternity Growth Accelerator representative for his third term. The NIC Governing Council is the board of directors of the NIC that sets policy and direction for its more than 55 member fraternal organizations.

Tim was awarded the Michael C.C. Lilienfeld Distinguished Alumnus award at the 2018 Grand Chapter and Convention for his many years of service to the fraternity, especially as Consul from 2016 – 2018. He was also recognized by the TEP Foundation, Inc. with a special award for service to the Foundation in 2018. Lastly, he was awarded the Meritorious Service Award for his service to the Fraternity at the 2013 Grand Chapter and Convention in Washington, DC.

Tim served on the Board of Directors of the TEP Foundation, Inc, the 501(c)(3) charitable arm of the fraternity serving as its Secretary from 2013 to 2016.

Tim is also very involved with the Free & Accepted Masons having most recently served as the District Deputy Grand Master of the Albany & Rensselaer-Schenectady Districts within the Grand Lodge of the State of New York from 2014 to 2016. Tim now serves on the Grand Lodge of New York committee for Leadership and Educational Services where he trains future Grand Lodge leadership.

In his spare time Tim enjoys traveling having visited over 50 countries on 5 continents. Tim is an avid Formula One race fan and enjoys watching the Buffalo Bills during the fall football season. On the rare occasion he may get, he enjoys playing pub trivia with his friends and has been nicknamed “El Presidente” for his knowledge of Presidential trivia.

Tim was honored and humbled to be named the Executive Director of ΤΕΦ to help it continue to grow after the organizations recent accomplishments. He looks forward to contributing to the future of the fraternity so that it may continue on for another 110 years.

 
 
 
 
 
 
Charles G. Wolf

Charles G. Wolf

Helping Ambitious People Develop Supplemental Income With Their Own Part-Time, Side-Business
New York, New York, United States Contact info
  • 500+ connections

Experience


  • Vice Consul (Vice President), Officer of the Board of Directors

    Company Name

    Tau Epsilon Phi Fraternity, Inc.

    Dates Employed Oct 2011 – Oct 2013

    Employment Duration 2 yrs 1 mo

    Location Greater New York City Area

    My duties as Third Vice Consul (3rd Vice President) included being the parliamentarian for the board of directors, and directing the governance, management, organizational structure, long range planning, marketing, publicity, and public relations for the national organization of a 102 year-old fraternity.
    • Title Executive Committee / Chair, Development & Membership Committee

      Dates Employed Nov 2007 – May 2009

      Employment Duration 1 yr 7 mos

      Location New York, NY

    • Title Governor

      Dates Employed Sep 2006 – May 2009

      Employment Duration 2 yrs 9 mos

      Location New York, NY

  • Member, Families Advisory Council

    Company Name

    Lower Manhattan Development Corporation

    Dates Employed Nov 2002 – Sep 2006

    Employment Duration 3 yrs 11 mos

    Location New York, New York

    Appointed by then-Chairman of Community Board 1, and LMDC Board Member Madelyn Wils to provide a balanced and thoughtful view to this advisory council that consisted of 9/11 victims' family members who had taken a leading role in advocating issues pertaining to the 9/11 attacks.

    The focus of the Families Advisory Council was to gain feedback from the families of the victims of the World Trade Center attacks on all of LMDC activities of rebuilding lower Manhattan, andmost importantly, the creation of an appropriate memorial.

    The Council ended up being the driving force behind many key decisions that determined what the World Trade Center site looks like today.

  • Presiding Officer and Resident Co-Chairperson

    Company Name

    BAMRA - Bleecker Area Merchants' & Residents' Association

    Dates Employed Apr 2001 – Aug 2004

    Employment Duration 3 yrs 5 mos

    Location Greenwich Village, New York, NY

    Served as volunteer head of a community organization of businesses and residents. Led the effort to research the idea, and mobilize this liberally-minded neighborhood to vote to bring in the Guardian Angels to help drive drug dealers out our neighborhood. This action ignited a major immediate response from the New York City Police Department, and later, a quality of life initiative by Mayor Bloomberg for the entire city of New York.

  • Founder & President

    Company Name

    Fix the Fund

    Dates Employed Jun 2002 – Dec 2003

    Employment Duration 1 yr 7 mos

    Location New York, NY

    Created and ran an advocacy group, successfully lobbying Kenneth R. Feinberg, Special Master of the September 11 Victims' Compensation Fund, to change the way he ran the Fund. Those changes resulted in more than 97% of the 9/11 Families applying to the Fund instead of suing. That success was instrumental in paving the way for Congress to reopen the VCF for the first responders and rescue workers.


  • ---------- Original message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Mon, 6 Sep 2021 17:49:10 -0300
    Subject: Fwd: Methinks Trudeau The Younger and his CBC minions
    underestimate the fury of upset Maritimers Nesy Pas?
    To: cwolf@tep.org
    Cc: motomaniac333 <motomaniac333@gmail.com>


    ---------- Forwarded message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Tue, 17 Aug 2021 19:09:09 -0300
    Subject: Methinks Trudeau The Younger and his CBC minions
    underestimate the fury of upset Maritimers Nesy Pas?
    To: votefionamacleod@gmail.com, Randyjoy2010
    <Randyjoy2010@hotmail.com>, drsdelliscc@gmail.com,
    angelaconrad2021@gmail.com, info@eddieorrell.ca,
    westnova@chrisdentremont.com
    Cc: motomaniac333 <motomaniac333@gmail.com>,
    Team@vote4lauramackenzie.com, Info@jakestewart.ca

    https://vote4lauramackenzie.com/about/

    https://jakestewart.ca/about/

    https://fionamacleod.ca/

    voterick@rickperkins.ca

    https://eddieorrell.ca/

    https://www.facebook.com/chris.dentremont/

    https://www.facebook.com/DrSDEllis/

    https://www.facebook.com/groups/244709173148203

    https://www.facebook.com/2021AngelaConrad/

    https://www.facebook.com/annalee.cole.9

    https://www.facebook.com/174134383421568/posts/good-day-nova-scotians-i-am-regional-leader-jody-oblenis-of-the-veterans-coaliti/601398514028484/

    Veterans Coalition Party of Canada, Nova Scotia, Sydney and Victoria County
    taDecnSrempbonseeronrf n30s,rr onlrm2edse0u19  ·
    Good day Nova Scotians, I am Regional Leader Jody O'Blenis of the
    Veterans Coalition Party of Canada for Nova Scotia. Our recruitment
    drive continues with five available ridings. If you have a desire to
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    Yours Faithfully,
    Jody O'Blenis, Regional Leader


    https://davidraymondamos3.blogspot.com/2021/08/i-almost-died-in-afghanistan-war-and.html

    Tuesday, 17 August 2021
    I almost died in the Afghanistan war, and for what?

    https://twitter.com/DavidRaymondAm1/status/1427726084762652675

    Denise Paglinawan
    @denisepglnwn @tornadomoncur
    Hi, Bruce. I'm a reporter with @CdnPressNews. I'm wondering if we can
    interview you for a story we're working on. What's the best way to
    reach you? My DMs are open.


    https://davidraymondamos3.blogspot.com/2021/08/methinks-trudeau-younger-and-his-cbc.html


    Tuesday, 17 August 2021
    Methinks Trudeau The Younger and his CBC minions underestimate the
    fury of upset Maritimers Nesy Pas?

    The LIEbranos did not show much respect towards their provincial
    betheran seeking another mandate by dropping a frederal writ just
    before their polling day. That faux pas may cost them dearly



    https://www.cbc.ca/news/canada/nova-scotia/nova-scotia-election-day-1.6142905


    Nova Scotians head to polls today as provincial election race tightens
    Liberals seeking 3rd straight majority, but campaign has stumbled at times

    Michael Gorman · CBC News · Posted: Aug 17, 2021 5:00 AM AT


    https://davidraymondamos3.blogspot.com/2021/08/hon-navdeep-bains-national-campaign-co.html

    Monday, 16 August 2021
    Hon. Navdeep Bains National Campaign Co-Chair Liberal Party of Canada

    https://twitter.com/NavdeepSBains/status/1348978566197895169

    Navdeep Bains
    @NavdeepSBains
    My statement on my decision not to run in the next election and
    leaving cabinet: Ma déclaration sur ma décision de ne pas me présenter
    aux prochaines élections et de me retirer du Conseil des ministres :
    174.4K views
    0:03 / 2:44


    ---------- Original message ----------
    From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
    Date: Tue, 17 Aug 2021 15:33:38 +0000
    Subject: RE: FWD YO Erin O’Toole Methinks before the writ is possibly
    dropped today you and Trudeau The Younger should enjoy watching ths
    video beginng at the 50 minute mark Nesy Pas?
    To: David Amos <david.raymond.amos333@gmail.com>

    Hello,

    Thank you for taking the time to write.

    Due to the volume of incoming messages, this is an automated response
    to let you know that your email has been received and will be reviewed
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    If your inquiry more appropriately falls within the mandate of a
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    Office of the Premier/Cabinet du premier ministre
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    Brunswick E3B 5H1 Canada
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    Email/Courriel:
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    ---------- Original message ----------
    From: Justice Minister <JUSTMIN@novascotia.ca>
    Date: Tue, 17 Aug 2021 15:32:21 +0000
    Subject: Automatic reply: FWD YO Erin O’Toole Methinks before the writ
    is possibly dropped today you and Trudeau The Younger should enjoy
    watching ths video beginng at the 50 minute mark Nesy Pas?
    To: David Amos <david.raymond.amos333@gmail.com>

    Thank you for your email to the Minister of Justice. Please be assured
    that it has been received by the Department. Your email will be
    reviewed and addressed accordingly. Thank you.



    ---------- Forwarded message ----------
    From: "O'Toole, Erin - M.P." <Erin.OToole@parl.gc.ca>
    Date: Sun, 15 Aug 2021 13:57:55 +0000
    Subject: Automatic reply: YO Erin O’Toole Methinks before the writ is
    possibly dropped today you and Trudeau The Younger should enjoy
    watching ths video beginng at the 50 minute mark Nesy Pas?
    To: David Amos <david.raymond.amos333@gmail.com>

    On behalf of the Hon. Erin O’Toole, thank you for contacting the
    Office of the Leader of the Official Opposition.

    Mr. O’Toole greatly values feedback and input from Canadians.  We read
    and review every incoming e-mail.  Please note that this account
    receives a high volume of e-mails.  We reply to e-mails as quickly as
    possible.

    If you are a constituent of Mr. O’Toole’s in Durham with an urgent
    matter please contact his constituency office at:

    Office of Erin O’Toole, M.P.
    54 King Street East, Suite 103
    Bowmanville, ON L1C 1N3
    Tel: (905) 697-1699 or Toll-Free (866) 436-1141

    Once again, thank you for writing.

    Sincerely,



    Office of the Leader of the Official Opposition

    ------------------------------
    ----------------------------------------------

    Au nom de l’hon. Erin O’Toole, merci de communiquer avec le Bureau du
    chef de l’Opposition officielle.

    M. O’Toole apprécie beaucoup le point de vue et les commentaires des
    Canadiens et des Canadiennes. Nous lisons tous les courriels que nous
    recevons. Veuillez noter que ce compte reçoit beaucoup de courriels.
    Nous y répondons le plus rapidement possible.

    Si vous êtes un électeur ou une électrice de M. O’Toole dans la
    circonscription de Durham et que vous avez une question urgente,
    veuillez communiquer avec son bureau de circonscription, au :

    Bureau d’Erin O’Toole, député
    54, rue King Est, bureau 103
    Bowmanville (Ontario) L1C 1N3
    Tél. : (905) 697-1699 ou sans frais : (866) 436-1141

    Encore une fois merci d’avoir pris le temps d’écrire.

    Veuillez agréer nos salutations distinguées,

    Bureau du chef de l’Opposition officielle


    ---------- Forwarded message ----------
    From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
    Date: Sun, 15 Aug 2021 13:57:37 +0000
    Subject: Automatic reply: YO Erin O’Toole Methinks before the writ is
    possibly dropped today you and Trudeau The Younger should enjoy
    watching ths video beginng at the 50 minute mark Nesy Pas?
    To: David Amos <david.raymond.amos333@gmail.com>

    Thank you for your email. Your thoughts, comments and input are greatly valued.

    You can be assured that all emails and letters are carefully read,
    reviewed and taken into consideration.

    There may be occasions when, given the issues you have raised and the
    need to address them effectively, we will forward a copy of your
    correspondence to the appropriate government official. Accordingly, a
    response may take several business days.

    Thanks again for your email.
    ______­­

    Merci pour votre courriel. Nous vous sommes très reconnaissants de
    nous avoir fait part de vos idées, commentaires et observations.

    Nous tenons à vous assurer que nous lisons attentivement et prenons en
    considération tous les courriels et lettres que nous recevons.

    Dans certains cas, nous transmettrons votre message au ministère
    responsable afin que les questions soulevées puissent être traitées de
    la manière la plus efficace possible. En conséquence, plusieurs jours
    ouvrables pourraient s’écouler avant que nous puissions vous répondre.

    Merci encore pour votre courriel.


    Deja Vu or what?

    https://www.youtube.com/watch?v=f1azdNWbF3A

    Me, Myself and I
    342 views
    Apr 2, 2013
    David Amos

    https://www.cbc.ca/news/canada/new-brunswick/ndp-gets-help-from-democracy-expert-1.629834

    NDP gets help from democracy expert

    CBC News · Posted: Jan 09, 2006 4:23 PM AT

    An international expert on democracy has flown all the way from Egypt
    to help NDP candidate John Carty campaign in Fredericton.

    Dominic Cardy is with a group called The National Democratic
    Institute. Its members include such people as former U.S. President
    Jimmy Carter. The group's mission is to teach democratic values and
    spread democracy around the world.

    Cardy has taught about democracy in Algeria, Bangladesh, and Cambodia
    during the past few years. When he heard his friend John Carty was
    running for office back in his home town of Fredericton, he hopped on
    a plane.

    "It was a strange experience," Cardy said. "One evening I was watching
    the sun go down over the pyramids, and the next evening watched it go
    down over Fredericton airport as I came into land."

    Cardy is no relation to the NDP candidate. But he loves elections and
    loves getting people pumped up about democracy.

    Carty the candidate is running against federal Indian Affairs Minister
    Andy Scott, Conservative Pat Lynch, Green candidate Philip Duchastel
    and independent David Amos. The riding has sent Scott to Ottawa for
    the last four elections, despite the best efforts of the other
    parties.

    Cardy says he doesn't care how tough the race his – he just wants
    people to participate in the process. "People have forgotten how
    incredibly precious these gifts that our ancestors fought for are and
    were just giving them away. It makes me furious when I talk to people
    and people just say 'ah there's no point in voting.'"

    After election day, Dominic Cardy is flying back home to his wife in
    Kathmandu, Nepal. He hopes to leave behind a new Member of Parliament
    for Fredericton, his friend John Carty for the NDP.

    CBC's Journalistic Standards and Practices


    Go Figure

    https://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276

    Fundy Royal campaign targets middle class with focus on jobs

    Fundy Royal voters have elected Conservatives all but 1 time in 28
    elections over 101 years
    CBC News · Posted: Oct 17, 2015 6:00 AM AT

    Four candidats are running in the federal riding of Fundy-Royal. Green
    candidate Stephanie Coburn, NDP candidate Jennifer McKenzie, Liberal
    candidate Alaina Lockhart and Conservative candidate Rob Moore.
    (Courtesy of Stephanie Coburn, Jennifer McKenzie/Facebook, Alaina
    Lockhart/Facebook, CBC)

    https://www.youtube.com/watch?v=-cFOKT6TlSE

    Fundy Royal, New Brunswick Debate – Federal Elections 2015 - The Local
    Campaign, Rogers TV
    9,133 views
    Oct 2, 2015
    Rogers tv
    72.7K subscribers
    Federal debate in Fundy Royal, New Brunswick riding featuring
    candidates Rob Moore, Stephanie Coburn, Alaina Lockhart, Jennifer
    McKenzie and David Amos.


    ---------- Original message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Sun, 15 Aug 2021 10:57:33 -0300
    Subject: YO Erin O’Toole Methinks before the writ is possibly dropped
    today you and Trudeau The Younger should enjoy watching ths video
    beginng at the 50 minute mark Nesy Pas?
    To: Julian Assange <julian@julianassange.com>,
    gordon.kromberg@usdoj.gov, wikiusticeJulianAssange@gmail.com,
    hussain@theintercept.com, charlesglassbooks@gmail.com
    Cc: "Jacques.Poitras@cbc.ca" <Jacques.Poitras@cbc.ca>, djtjr
    <djtjr@trumporg.com>, washington field <washington.field@ic.fbi.gov>,
    "Boston.Mail" <Boston.Mail@ic.fbi.gov>, jbosnitch
    <jbosnitch@gmail.com>, andre <andre@jafaust.com>, "David.Coon"
    <David.Coon@gnb.ca>, briangallant10 <briangallant10@gmail.com>,
    "Dominic.Cardy" <Dominic.Cardy@gnb.ca>, jesse <jesse@viafoura.com>,
    "Armitage, Blair" <Blair.Armitage@sen.parl.gc.ca
    >, "postur@for.is"
    <postur@for.is>, birgitta <birgitta@this.is>, birgittajoy
    <birgittajoy@gmail.com>, "donjr@email.donjr.com"
    <donjr@email.donjr.com>, "erin.otoole" <erin.otoole@parl.gc.ca>,
    oldmaison <oldmaison@yahoo.com>, ministryofjustice
    <ministryofjustice@gov.ab.ca>, "Kaycee.Madu" <Kaycee.Madu@gov.ab.ca>,
    "jcarpay@jccf.ca" <jcarpay@jccf.ca>, "freedomreport.ca"
    <freedomreport.ca@gmail.com>, "stefanos.karatopis@gmail.com"
    <stefanos.karatopis@gmail.com>
    , "premier@ontario.ca"
    <premier@ontario.ca>, "Frank.McKenna" <Frank.McKenna@td.com>,
    votemaxime <votemaxime@gmail.com>, Viva Frei <david@vivafrei.com>,
    "kingpatrick278@gmail.com" <kingpatrick278@gmail.com>,
    "art@streetchurch.ca" <art@streetchurch.ca>,
    "martha.oconnor@gov.ab.ca" <martha.oconnor@gov.ab.ca>,
    "chris.scott@whistlestoptruckstop.ca"
    <chris.scott@whistlestoptruckstop.ca>, "lmichelin@reddeeradvocate.com
    "
    <lmichelin@reddeeradvocate.com
    >, "lmichelin@bprda.wpengine.com"
    <lmichelin@bprda.wpengine.com>
    , sheilagunnreid
    <sheilagunnreid@gmail.com>, "premier@gov.ab.ca" <premier@gov.ab.ca>,
    "Newsroom@globeandmail.com" <Newsroom@globeandmail.com>,
    "gertjan@shaw.ca" <gertjan@shaw.ca>, mcu <mcu@justice.gc.ca>,
    "blaine.higgs" <blaine.higgs@gnb.ca>, "David.Lametti@parl.gc.ca"
    <David.Lametti@parl.gc.ca>, Norman Traversy <traversy.n@gmail.com>,
    "pm@pm.gc.ca" <pm@pm.gc.ca>, "Ian.Shugart"
    <Ian.Shugart@pco-bcp.gc.ca>, "Kevin.leahy"
    <Kevin.leahy@rcmp-grc.gc.ca>, "themayor@calgary.ca"
    <themayor@calgary.ca>, "mike.lokken@rcmp-grc.gc.ca"
    <mike.lokken@rcmp-grc.gc.ca>, "don.iveson@edmonton.ca"
    <don.iveson@edmonton.ca>, "theangryalbertan@protonmail.com"
    <theangryalbertan@protonmail.com>, "howard.anglin@gmail.com"
    <howard.anglin@gmail.com>, "fin.minfinance-financemin.fin@canada.ca"
    <fin.minfinance-financemin.fin@canada.ca>, "Bill.Blair@parl.gc.ca"
    <Bill.Blair@parl.gc.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>,
    "barbara.massey" <barbara.massey@rcmp-grc.gc.ca
    >, derekstorie85
    <derekstorie85@gmail.com>, "Paul.Lynch"
    <Paul.Lynch@edmontonpolice.ca>
    , "Mark.Blakely"
    <Mark.Blakely@rcmp-grc.gc.ca>, "martin.gaudet"
    <martin.gaudet@fredericton.ca>
    , "balfour@derbarristers.com"
    <balfour@derbarristers.com>, "ian@mccuaiglaw.ca" <ian@mccuaiglaw.ca>,
    cps <cps@calgarypolice.ca>, "proyal@royallaw.ca" <proyal@royallaw.ca>,
    motomaniac333 <motomaniac333@gmail.com>, "local@chco.tv"
    <local@chco.tv>, "John.Williamson@parl.gc.ca"
    <John.Williamson@parl.gc.ca>, "jyjboudreau@gmail.com"
    <jyjboudreau@gmail.com>, "Brad Greulich, Executive Secretary"
    <memberservices@libertarian.on.ca>

    https://www.bitchute.com/video/nnxSuMMox1AN/

    On The Kevin J. Johnston Show we have guests, Logan Murphy & Valerie Keefe

    Kevin J. Johnston
    3900 subscribers

    Tonight we will touch on a few things that came up today. Logan
    discusses his visit and experiences at the capital building, his
    epiphany photo book of Capital hill, which he has published. Valerie
    Keefe talks about taking the leadership of the Libertarian Party of
    Canada.

    WATCH THE KEVIN J. JOHNSTON SHOW, Monday to Friday from 7 PM to 9 PM
    Calgary Time
    www.Rumble.com/KevinJJohnston
    www.Odysee.com/@KevinJJohnston:3
    www.Odysee.com/@NobleSavages:3
    www.KJJRadio.com
    www.facebook.com/kevinjjohnstonradio/
    www.noblesavages.me
    https://www.facebook.com/derekpeter.storie
    https://www.facebook.com/derekstories

    Please visit my mayoral website at:
    www.calgarymayor.co
    #yyc #calgary #kevinjjohnston #noblesavages #Calgarymayorelect


    https://davidraymondamos3.blogspot.com/2021/08/election-soon-or-election-later-for.html

    Wednesday, 11 August 2021
    Election soon, or election later? For Trudeau, it's a gamble either way



    ---------- Original message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Mon, 16 Aug 2021 23:02:43 -0300
    Subject: Fwd: RE Navdeep Bains National Campaign Co-Chair Liberal
    Party of Canada
    To: info@electsingh.com, naval@navalbajaj.ca, info@medhajoshi.ca,
    info@ramandeepbrar.ca, info@jermainechambers.ca,
    votegraceadamu@gmail.com, info@james4erinmills.ca,
    michaelrascpc@gmail.com, voterattan@gmail.com,
    Kerry@kerryforoakville.com, info@hananrizkalla.ca
    Cc: motomaniac333 <motomaniac333@gmail.com>

    https://electsingh.com/about/

    https://www.navalbajaj.ca/about-us/

    https://medhajoshi.ca/about/

    https://ramandeepbrar.ca/about/

    https://jermainechambers.ca/about/

    https://graceadamu.ca/about/

    https://james4erinmills.ca/about/

    https://michaelras.ca/about/

    https://jasveenrattan.ca/about/

    https://kerryforoakville.com/

    https://hananrizkalla.ca/about

    ---------- Forwarded message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Mon, 16 Aug 2021 21:32:53 -0300
    Subject: RE Navdeep Bains National Campaign Co-Chair Liberal Party of Canada
    To: joel.wittnebel@thepointer.com, iqwindergaheer.lib@gmail.com,
    natasha.oneill@thepointer.com, paudel.bijay20@gmail.com
    Cc: motomaniac333 <motomaniac333@gmail.com>

    https://davidraymondamos3.blogspot.com/2021/08/hon-navdeep-bains-national-campaign-co.html

    https://thepointer.com/article/2021-01-12/breaking-why-is-cabinet-minister-and-mississauga-mp-navdeep-bains-suddenly-quitting-politics

    https://thepointer.com/article/2021-08-16/after-lengthy-medical-leave-sikand-bows-out-of-september-election


    ---------- Forwarded message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Sun, 15 Aug 2021 17:04:33 -0300
    Subject: Mr Sanderson I called you and Mr MacDonald and left a
    messages about Wayne Easter and Bankers etc Correct?
    To: jody@jodysanderson.ca, Erin.OToole@parl.gc.ca,
    hmacdonald1346@gmail.com, pm <pm@pm.gc.ca>, "steve.murphy"
    <steve.murphy@ctv.ca>, Newsroom <Newsroom@globeandmail.com>
    Cc: motomaniac333 <motomaniac333@gmail.com>, "wayne.easter"
    <wayne.easter@parl.gc.ca>, anna.keenan@greenparty.ca,
    craig.nash@ndp.ca, premier <premier@ontario.ca>, premier
    <premier@gov.ab.ca>, Office of the Premier <scott.moe@gov.sk.ca>,
    PREMIER <PREMIER@gov.ns.ca>, premier <premier@gov.bc.ca>, premier
    <premier@leg.gov.mb.ca>, premier <premier@gov.pe.ca>, "blaine.higgs"
    <blaine.higgs@gnb.ca>, premier <premier@gov.yk.ca>, premier
    <premier@gov.nl.ca>, "Ian.Shugart" <Ian.Shugart@pco-bcp.gc.ca>,
    "Kevin.leahy" <Kevin.leahy@rcmp-grc.gc.ca>

    This the file I mentioned

    https://www.scribd.com/doc/2718120/Integrity-Yea-Right

    Here is an old blog containing the text of an important letter 15 years ago

    http://davidamos.blogspot.com/2006/05/harper-and-bankers.html

    https://www.scribd.com/doc/2619653/harper-and-bankers

    Scroll down for more info about Banking and lawsuits etc

    Veritas Vincit
    David Raymond Amos




    https://heathmacdonald.liberal.ca/

    A champion for a better future in Malpeque     

    Heath MacDonald and Justin Trudeau are the only team with a real plan
    to grow our economy, protect people’s health, protect a clean
    environment, and make life better for families right here in our
    community.

    While Erin O’Toole’s Conservatives are focused on going backward with
    cuts to vital services that families rely on, Liberals will keep
    moving forward with bold action to create good new jobs, invest in the
    middle class and the most vulnerable, and ensure that everyone has a
    real and fair chance at success.

    Together, we can elect a dedicated Liberal Member of Parliament to
    work with Justin Trudeau to build a better future for everyone.

    https://www.facebook.com/HeathMacDonaldMalpeque

    Heath MacDonald is the MLA for District 16, Cornwall-Meadowbank,
    currently seeking the nomination for the Liberal Party of Canada in
    the Federal riding of Malpeque, PEI.
    1,294 people like this
    1,309 people follow this
    http://liberal.ca/register
    (902) 393-9517
    Send Message
    hmacdonald1346@gmail.com

    https://www.facebook.com/jodysandersonmalpeque/

    A father, husband, community volunteer, and former international
    banker who grew up on the family farm in York Point. He is running to
    be your next MP for Malpeque.
    A proven leader with a collaborative mindset and commitment to
    excellence in everything he undertakes, Jody is running to help
    rebuild and strengthen the economy and community of Malpeque.
    Born on Prince Edward Island, Jody grew up on the Sanderson family
    farm, Fulton Sanderson and Sons in York Point. While growing up, Jody
    was a longtime member of the North River 4-H Club and represented PEI
    on several occasions at the Winter Fair. Jody had a 22-year career in
    banking as a senior executive with HSBC in Canada, Asia and the Middle
    East. In 2019, after he returned home to raise his family, he
    co-founded Sanderson Capital, a corporation focused on proprietary,
    public and private investment opportunities.
    He is actively involved in the community as a minor hockey coach and
    the PEI harness racing industry.
    Drawn to athletic pursuits from an early age, Jody is a competitive
    triathlete and has qualified for and competed in the Ironman World
    Championships multiple times.
    Jody is married to Larissa, and they have twins, Scarlett and Chase. See Less
    1,032 people like this
    1,072 people follow this
    http://jodysanderson.ca/
    (902) 330-5639
    Send Message
    jody@jodysanderson.ca


    Wayne Easter should be able to explain why the webcast and transcript
    are still missing and Trudeau should be able to explain my lawsuit

    https://www.banking.senate.gov/hearings/review-of-current-investigations-and-regulatory-actions-regarding-the-mutual-fund-industry


    Full Committee Hearing
    Review of Current Investigations and Regulatory Actions Regarding the
    Mutual Fund Industry

    Date:   Thursday, November 20, 2003

    Witness Panel 1

        Mr. Stephen M. Cutler
        Director - Division of Enforcement
        Securities and Exchange Commission

        Mr. Robert Glauber
        Chairman and CEO
        National Association of Securities Dealers

        Eliot Spitzer
        Attorney General
        State of New York




    ---------- Forwarded message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Fri, 23 Jul 2021 21:30:48 -0300
    Subject: Yo Premier Iain Rankin tell your buddy Big Bad Billy Casey to
    check out my old Chevy in the photo hereto attached Trust that it is
    is still registered in Nova Scotia along with my Harleys etc
    To: PREMIER <PREMIER@gov.ns.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
    JUSTMIN@novascotia.ca, Naomi.Shelton@novascotia.ca,
    gary.burrill@nsndp.ca, larry.duchesne@nsndp.ca,
    lauren.skabar@nsndp.ca, feedback@nsndp.ca,
    campaign.manager@greenpartyns.ca, info@atlanticaparty.ca,
    provincial.admin@greenpartyns.ca, matthew.piggott@greenparty.ca, mcu
    <mcu@justice.gc.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
    <Katie.Telford@pmo-cpm.gc.ca>, "Ian.Shugart"
    <Ian.Shugart@pco-bcp.gc.ca>, "Kevin.leahy"
    <Kevin.leahy@rcmp-grc.gc.ca>, "Michael.Gorman"
    <Michael.Gorman@cbc.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
    electivandrouin@gmail.com, trainorgreenpartyns@gmail.com,
    anthony.edmonds@greenpartyns.ca, doug@doug4kingsnorth.ca,
    krista.grear@greenpartyns.ca
    Cc: motomaniac333 <motomaniac333@gmail.com>, office@liberal.ns.ca

    Deja Vu Anyone?

    https://www.youtube.com/watch?v=vugUalUO8YY

    ---------- Original message ----------
    From: Justice Minister <JUSTMIN@novascotia.ca>
    Date: Tue, 10 Aug 2021 16:35:48 +0000
    Subject: Automatic reply: Yo Premier Iain Rankin tell your buddy Big
    Bad Billy Casey to check out my old Chevy in the photo hereto attached
    Trust that it is is still registered in Nova Scotia along with my
    Harleys etc
    To: David Amos <david.raymond.amos333@gmail.com>

    Thank you for your email to the Minister of Justice. Please be assured
    that it has been received by the Department. Your email will be
    reviewed and addressed accordingly. Thank you.




    ---------- Original message ----------
    From: Premier <PREMIER@novascotia.ca>
    Date: Tue, 10 Aug 2021 16:35:48 +0000
    Subject: Thank you for your email to Premier Rankin
    To: David Amos <david.raymond.amos333@gmail.com>

    Thank you for your email to Premier Rankin. This is an automatic
    confirmation your message has been received.

    If you are a constituent of Iain Rankin, please redirect your email to
    info@iainrankin.ca<mailto:info@iainrankin.ca>.

    If you have questions, concerns, or complaints about election/voting
    procedure or process, please redirect your email to
    ELECTIONS@novascotia.ca<
    mailto:ELECTIONS@novascotia.ca>.

    If you have questions or concerns regarding Premier Rankin’s Liberal
    Party platform for the upcoming election, please redirect your email
    to office@liberal.ns.ca<mailto:office@liberal.ns.ca>.

    Disclaimer: the Premier’s Correspondence Team does not redirect
    emails. Please ensure you redirect your email to ensure it is received
    by the appropriate office.

    We recognize that many Nova Scotians have concerns about COVID-19. If
    you are looking for the most up-to-date information, we encourage you
    to visit: novascotia.ca/coronavirus<https://novascotia.ca/coronavirus/
    >
    or canada.ca/coronavirus<https://canada.ca/coronavirus>. You can also
    call the toll-free information line at 1-833-784-4397.

    Thank you,

    Premier’s Correspondence Team



    ---------- Original message ----------
    From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
    Date: Tue, 10 Aug 2021 16:40:58 +0000
    Subject: RE: Yo Premier Iain Rankin tell your buddy Big Bad Billy
    Casey to check out my old Chevy in the photo hereto attached Trust
    that it is is still registered in Nova Scotia along with my Harleys
    etc
    To: David Amos <david.raymond.amos333@gmail.com>

    Hello,

    Thank you for taking the time to write.

    Due to the volume of incoming messages, this is an automated response
    to let you know that your email has been received and will be reviewed
    at the earliest opportunity.

    If your inquiry more appropriately falls within the mandate of a
    Ministry or other area of government, staff will refer your email for
    review and consideration.

    Merci d'avoir pris le temps de nous écrire.

    En raison du volume des messages reçus, cette réponse automatique vous
    informe que votre courriel a été reçu et sera examiné dans les
    meilleurs délais.

    Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
    secteur du gouvernement, le personnel vous renverra votre courriel
    pour examen et considération.


    If this is a Media Request, please contact the Premier’s office at
    (506) 453-2144 or by email
    media-medias@gnb.ca<mailto:media-medias@gnb.ca>

    S’il s’agit d’une demande des médias, veuillez communiquer avec le
    Cabinet du premier ministre au 506-453-2144.



    Office of the Premier/Cabinet du premier ministre
    P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-
    Brunswick E3B 5H1 Canada
    Tel./Tel. : (506) 453-2144
    Email/Courriel:
    premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>


    ---------- Original message ----------
    From: David Amos <david.raymond.amos333@gmail.com>
    Date: Tue, 10 Aug 2021 13:35:28 -0300
    Subject: RE: Yo Premier Iain Rankin tell your buddy Big Bad Billy
    Casey to check out my old Chevy in the photo hereto attached Trust
    that it is is still registered in Nova Scotia along with my Harleys
    etc
    To: cfta@eastlink.ca, toryrushtonmla@bellaliant.com, office
    <office@liberal.ns.ca>, PREMIER <PREMIER@gov.ns.ca>, "blaine.higgs"
    <blaine.higgs@gnb.ca>, JUSTMIN@novascotia.ca,
    Naomi.Shelton@novascotia.ca, gary.burrill@nsndp.ca,
    larry.duchesne@nsndp.ca, lauren.skabar@nsndp.ca, feedback@nsndp.ca,
    campaign.manager@greenpartyns.ca, info@atlanticaparty.ca,
    provincial.admin@greenpartyns.ca, matthew.piggott@greenparty.ca, mcu
    <mcu@justice.gc.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
    <Katie.Telford@pmo-cpm.gc.ca>, "Ian.Shugart"
    <Ian.Shugart@pco-bcp.gc.ca>, "Kevin.leahy"
    <Kevin.leahy@rcmp-grc.gc.ca>, "Michael.Gorman"
    <Michael.Gorman@cbc.ca>, "steve.murphy" <steve.murphy@ctv.ca>,
    electivandrouin@gmail.com, trainorgreenpartyns@gmail.com,
    anthony.edmonds@greenpartyns.ca, doug@doug4kingsnorth.ca,
    krista.grear@greenpartyns.ca
    Cc: motomaniac333 <motomaniac333@gmail.com>, coachwhitford1@gmail.com

    https://www.facebook.com/TantramarFM/

    CFTA Tantramar 107.9 FM
    July t2
    Exactly 10 years ago today, at 1:07 PM, CFTA 107.9 began transmitting
    a test broadcast, as was required by Industry Canada and the CRTC. A
    few weeks later, we sent up a temporary studio in an old GMC van at
    the tower site, that allowed limited live shows until our studios in
    Victoria Court were up and running. Shortly after we signed on, this
    big sign appeared in East Amherst.

    23 Comments

    Tory Rushton
    Congratulations


    https://www.facebook.com/tory.rushton/about_work_and_education

    MLA Cumberland South
    July 14, 2018 - Present
    Cumbland South
    June 19, 2018 - Present
    Former Electrician at Oxford Frozen Foods
    Oxford, Nova Scotia
    Former Fire Chief/Fire Inspector at Town of Oxford
    Oxford, Nova Scotia
    http://www.cftafm.com/
    (902) 660-1079
    cfta@eastlink.ca

    https://www.pcpartyns.ca/david_wightman

    David Wightman
    Cumberland North

    David is a retired programs officer with Corrections Services Canada,
    a former teacher and most recently worked as a volunteer announcer at
    CFTA, Tantramar FM. He is also a long-time volunteer with Scouts
    Canada and various fire departments, including Leicester and Amherst.
    David and his wife Dale live in Amherst.

    David's priorities for Cumberland North include:

        Improving access to healthcare, mental healthcare, long-term care
    and ambulance services
        Helping our rural economy thrive by improving infrastructure such
    as Internet service and road repairs
        Increasing educational opportunities for all levels of student abilities



    https://www.cbc.ca/news/canada/nova-scotia/cumberland-north-election-liberal-pc-ndp-independent-1.6135024

    Cumberland North pits high-profile Independent vs. former 7-term MP

    Newcomers for the PCs and NDP, meanwhile, hope to shake things up in
    border district
    Michael Gorman · CBC News · Posted: Aug 10, 2021 6:00 AM AT

    While some people see this as a two-person race, David Wightman and
    Lauren Skabar are hoping to change that.

    Running for the Progressive Conservatives, Wightman has had some
    catching up to do because of his late entry into the campaign.
    Election materials were late arriving, and while Smith-McCrossin and
    Casey signs pepper the district, Wightman only recently started
    putting his up.

    But he's hoping a platform that focuses on health care, along with
    community anger directed at the Liberals, will hold him in good stead.


    "I think the Liberals have had their turn to try and fix things, and I
    think they've only gotten worse," he said, pointing to the growing
    wait list of people looking for a family doctor.

    While he expresses interest in working on a variety of issues,
    Wightman said health care is top of mind for him as a stroke survivor
    and because his wife went through treatment for cancer. There are
    aspects of the system unique to that region that Wightman hopes to
    address.

    "One of the things I'd like to see is a better approach to how to get
    people to medical appointments that are travelling back and forth
    across the [New Brunswick] border," he said.
    A time to unite

    Skabar is the NDP candidate. Her father, Brian, was elected in the
    district in 2009 as part of the NDP's surge to power, but she said
    politics was in her blood long before that.

    Health care for the area is a major issue, said Skabar, given routine
    emergency department closures at community sites and difficulties
    getting enough nurses and doctors to the region.

    "Until we start incentivizing health-care professionals coming to
    places like Cumberland North and our smaller communities, we aren't
    going to see any improvements," she said.


    https://www.cbc.ca/news/canada/nova-scotia/nova-scotia-vaccine-passport-scotiapass-pandemic-liberal-1.6134638

    Nova Scotia Liberals promise vaccine passport system if re-elected

    ScotiaPass would be voluntary for individuals, businesses and other
    organizations
    Jean Laroche · CBC News · Posted: Aug 09, 2021 12:15 PM AT

    "Both Houston and Burrill were critical of Rankin dropping this idea
    in the midst of an election campaign.

    "I don't think it indicates the kind of grasp and soundness that we
    would look to see from a party that seeks to govern the province,"
    said Burrill.

    Houston said: "I'll just speak bluntly, our campaign is going very
    well and he's concerned heading into the last week of the campaign."


    > ---------- Forwarded message ----------
    > From: Justice Minister <JUSTMIN@novascotia.ca>
    > Date: Tue, 6 Jul 2021 17:38:42 +0000
    > Subject: Automatic reply: MLA Weekly Update and Decision Announcement
    > (Case Ref: ES3077) Methinks Premier Iain Rankin is far more than
    > merely welcome N'esy Pas Higgy?
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    > Thank you for your email to the Minister of Justice. Please be assured
    > that it has been received by the Department. Your email will be
    > reviewed and addressed accordingly. Thank you.
    >
    >
    > ---------- Forwarded message ----------
    > From: David Amos <david.raymond.amos333@gmail.com>
    > Date: Tue, 6 Jul 2021 14:38:10 -0300
    > Subject: Re: MLA Weekly Update and Decision Announcement (Case Ref:
    > ES3077) Methinks Premier Iain Rankin is far more than merely welcome
    > N'esy Pas Higgy?
    > To: mla@esmithmccrossinmla.com, "Mike.Comeau" <Mike.Comeau@gnb.ca>,
    > "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "blaine.higgs"
    > <blaine.higgs@gnb.ca>, premier <premier@ontario.ca>, Office of the
    > Premier <scott.moe@gov.sk.ca>, PREMIER <PREMIER@gov.ns.ca>,
    > michelle.stevens@novascotia.ca
    , heather.fairbairn@novascotia.ca,
    > elizabeth.macdonald@novascotia.ca, Gary.Andrea@novascotia.ca,
    > dkogon@amherst.ca, jmacdonald@amherst.ca, darrell.cole@amherstnews.ca,
    > lifestyle@thecoast.ca, tmccoag@amherst.ca, Newsroom
    > <Newsroom@globeandmail.com>, mcu <mcu@justice.gc.ca>,
    > dpike@amherst.ca, "steve.murphy" <steve.murphy@ctv.ca>,
    > DJT@trumporg.com, David.Lametti@parl.gc.ca,
    > Jody.Wilson-Raybould@parl.gc.ca, hon.ralph.goodale@canada.ca,
    > pm@pm.gc.ca, Katie.Telford@pmo-cpm.gc.ca, Ian.Shugart@pco-bcp.gc.ca,
    > djtjr@trumporg.com, Donald.J.Trump@donaldtrump.com
    ,
    > JUSTWEB@novascotia.ca, Frank.McKenna@td.com
    > Cc: motomaniac333 <motomaniac333@gmail.com>, JUSTMIN
    > <JUSTMIN@novascotia.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>,
    > "barbara.massey" <barbara.massey@rcmp-grc.gc.ca
    >, "barb.whitenect"
    > <barb.whitenect@gnb.ca>, "Boston.Mail" <Boston.Mail@ic.fbi.gov>,
    > washington field <washington.field@ic.fbi.gov>, "Bill.Blair"
    > <Bill.Blair@parl.gc.ca>
    >
    >
    > ---------- Forwarded message ----------
    > From: Justice Minister <JUSTMIN@novascotia.ca>
    > Date: Tue, 6 Jul 2021 17:19:07 +0000
    > Subject: Automatic reply: MLA Weekly Update and Decision Announcement
    > (Case Ref: ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin
    > cannot read but I certainly can N'esy Pas Higgy?
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    > Thank you for your email to the Minister of Justice. Please be assured
    > that it has been received by the Department. Your email will be
    > reviewed and addressed accordingly. Thank you.
    >
    >
    > ---------- Forwarded message ----------
    > From: Premier <PREMIER@novascotia.ca>
    > Date: Tue, 6 Jul 2021 17:19:03 +0000
    > Subject: Thank you for your email to Premier Rankin
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    > Thank you for your email to Premier Rankin. This is an automatic
    > confirmation your message has been received.
    >
    > We recognize that many Nova Scotians have concerns about COVID-19. If
    > you are looking for the most up-to-date information, we encourage you
    > to visit: novascotia.ca/coronavirus<https://novascotia.ca/coronavirus/
    >
    > or canada.ca/coronavirus<https://canada.ca/coronavirus>. You can also
    > call the toll-free information line at 1-833-784-4397.
    >
    > If you are experiencing symptoms, please visit
    > https://811.novascotia.ca<https://811.novascotia.ca/>/ and use the
    > COVID-19 online self-assessment tool, which will help you determine if
    > you need to get tested. If you don’t have internet access, call 811.
    >
    >
    > ---------- Forwarded message ----------
    > From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
    > Date: Tue, 6 Jul 2021 17:21:14 +0000
    > Subject: RE: MLA Weekly Update and Decision Announcement (Case Ref:
    > ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin cannot read
    > but I certainly can N'esy Pas Higgy?
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    > Hello,
    >
    > Thank you for taking the time to write.
    >
    > Due to the volume of incoming messages, this is an automated response
    > to let you know that your email has been received and will be reviewed
    > at the earliest opportunity.
    >
    > If your inquiry more appropriately falls within the mandate of a
    > Ministry or other area of government, staff will refer your email for
    > review and consideration.
    >
    > Merci d'avoir pris le temps de nous écrire.
    >
    > En raison du volume des messages reçus, cette réponse automatique vous
    > informe que votre courriel a été reçu et sera examiné dans les
    > meilleurs délais.
    >
    > Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
    > secteur du gouvernement, le personnel vous renverra votre courriel
    > pour examen et considération.
    >
    > If this is a Media Request, please contact the Premier’s office at
    > (506) 453-2144 or by email
    > media-medias@gnb.ca<mailto:media-medias@gnb.ca>
    >
    > S’il s’agit d’une demande des médias, veuillez communiquer avec le
    > Cabinet du premier ministre au 506-453-2144.
    >
    >
    > Office of the Premier/Cabinet du premier ministre
    > P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-
    Brunswick E3B 5H1
    > Canada
    > Tel./Tel. : (506) 453-2144
    > Email/Courriel:
    > premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>
    >
    >
    > ---------- Forwarded message ----------
    > From: Premier of Ontario | Premier ministre de l’Ontario
    > <Premier@ontario.ca>
    > Date: Tue, 6 Jul 2021 17:18:56 +0000
    > Subject: Automatic reply: MLA Weekly Update and Decision Announcement
    > (Case Ref: ES3077) Methinks Iain Rankin and Elizabeth Smith-McCrossin
    > cannot read but I certainly can N'esy Pas Higgy?
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    > Thank you for your email. Your thoughts, comments and input are greatly
    > valued.
    >
    > You can be assured that all emails and letters are carefully read,
    > reviewed and taken into consideration.
    >
    > There may be occasions when, given the issues you have raised and the
    > need to address them effectively, we will forward a copy of your
    > correspondence to the appropriate government official. Accordingly, a
    > response may take several business days.
    >
    > Thanks again for your email.
    > ______­­
    >
    > Merci pour votre courriel. Nous vous sommes très reconnaissants de
    > nous avoir fait part de vos idées, commentaires et observations.
    >
    > Nous tenons à vous assurer que nous lisons attentivement et prenons en
    > considération tous les courriels et lettres que nous recevons.
    >
    > Dans certains cas, nous transmettrons votre message au ministère
    > responsable afin que les questions soulevées puissent être traitées de
    > la manière la plus efficace possible. En conséquence, plusieurs jours
    > ouvrables pourraient s’écouler avant que nous puissions vous répondre.
    >
    > Merci encore pour votre courriel.
    >
    >
    >
    >
    >
    > ---------- Forwarded message ----------
    > From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca>
    > Date: Tue, 6 Jul 2021 17:18:59 +0000
    > Subject: Automatic Reply
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    > Thank you for writing to the Honourable David Lametti, Minister of
    > Justice and Attorney General of Canada.
    >
    > Due to the volume of correspondence addressed to the Minister, please
    > note that there may be a delay in processing your email. Rest assured
    > that your message will be carefully reviewed.
    >
    > We do not respond to correspondence that contains offensive language.
    >
    > -------------------
    >
    > Merci d'avoir écrit à l'honorable David Lametti, ministre de la
    > Justice et procureur général du Canada.
    >
    > En raison du volume de correspondance adressée au ministre, veuillez
    > prendre note qu'il pourrait y avoir un retard dans le traitement de
    > votre courriel. Nous tenons à vous assurer que votre message sera lu
    > avec soin.
    >
    > Nous ne répondons pas à la correspondance contenant un langage offensant.
    >
    >
    >
    >
    > ---------- Forwarded message ----------
    > From: Office of the Premier <scott.moe@gov.sk.ca>
    > Date: Tue, 6 Jul 2021 17:18:53 +0000
    > Subject: Thank you for your email
    > To: David Amos <david.raymond.amos333@gmail.com>
    >
    >
    > This is to acknowledge that your email has been received by the Office
    > of the Premier.
    >
    > We appreciate the time you have taken to write.
    >
    >
    > NOTICE:  This e-mail was intended for a specific person.  If it has
    > reached you by mistake, please delete it and advise me by return
    > e-mail.  Any privilege associated with this information is not waived.
    > Thank you for your cooperation and assistance.
    >
    > Avis: Ce message est confidentiel, peut être protégé par le secret
    > professionnel et est à l'usage exclusif de son destinataire. Il est
    > strictement interdit à toute autre personne de le diffuser, le
    > distribuer ou le reproduire. Si le destinataire ne peut être joint ou
    > vous est inconnu, veuillez informer l'expéditeur par courrier
    > électronique immédiatement et effacer ce message et en détruire toute
    > copie. Merci de votre cooperation.
    >
    >
    >
    > ---------- Original message ----------
    > From: David Amos <david.raymond.amos333@gmail.com>
    > Date: Tue, 6 Jul 2021 14:52:40 -0300
    > Subject: Re MLA Weekly Update and Decision Announcement (Case Ref:
    > ES3077) I just called again
    > To: PREMIER <PREMIER@gov.ns.ca>
    > Cc: assistant <assistant@esmithmccrossinmla.com>, motomaniac333
    > <motomaniac333@gmail.com>
    >
    >
    > Media Contact:
    >
    > Matt Hefler
    >     Office of the Premier
    >     Cell: 902-220-6048
    >     Email: Matt.Hefler@novascotia.ca
    >
    >
    > Contact Elizabeth
    > PHONE (902) 661-2288
    > EMAIL assistant@esmithmccrossinmla.com
    >
    >
    > ---------- Forwarded message ----------
    > From: mla@esmithmccrossinmla.com
    > Date: Tue, 06 Jul 2021 16:31:17 +0000 (UTC)
    > Subject: MLA Weekly Update and Decision Announcement (Case Ref: ES3077)
    > To: david.raymond.amos333@gmail.com
    >
    >
    > Dear David Amos
    >
    > MLA Weekly Update&nbsp;
    >
    > Date Tuesday July 6th, 2021
    >
    > My Mission as MLA for Cumberland North
    >
    > Serve the people&nbsp;
    > Build Unity &amp; Trust&nbsp;
    > Influence Legislation &amp; public policy
    > For the greater good.&nbsp;
    > Educate and Build Capacity
    > Promote the people and area,&nbsp;
    > Build a world-class health care system&nbsp;
    > And improve population health.
    >
    > I have some news to share to start the week.
    >
    > I don&rsquo;t know when Iain Rankin is going to call the next election.
    >
    > But I do know this.
    >
    > When Iain Rankin calls the election, I will be running as an
    > Independent candidate for re-election as MLA for Cumberland North.
    >
    > You, the good people of Cumberland North know me.
    >
    > You know I will always put your priorities first.
    >
    > I will always fight for you.
    >
    > No apologies.
    >
    > Running as an Independent outside of party politics isn&rsquo;t easy.
    >
    > If the people of Cumberland North continue to stand by me, I will
    > continue to fight for you.
    >
    > For better health care.
    >
    > For regional co-operation to keep our borders open.
    >
    > For getting rid of the Cobequid Pass tolls.
    >
    > For supporting local food and the farmers who make it happen.
    >
    > I&rsquo;m the only candidate in Cumberland North who doesn&rsquo;t
    > have to answer to a party leader in Halifax.
    >
    > I&rsquo;m not a career politician.&nbsp;&nbsp;I&
    rsquo;m a registered
    > nurse.&nbsp;&nbsp;I have owned and operated my own
    > businesses.&nbsp;&nbsp;I have put people to work and met a payroll.
    >
    > Above all, I&rsquo;m a fighter who doesn&rsquo;t back down.
    >
    > With your support, let&rsquo;s put the people of Cumberland North
    > first.&nbsp;
    >
    > I learned at a young age to stand my ground and I am not about to
    > change now.&nbsp;
    >
    >
    > Last Week in Politics&nbsp;
    >
    > Last week my staff and I worked with constituents on many matters of
    > importance such as lack of family physicians, housing, roads, Covid
    > rules and restrictions, NS NB Border, addictions and mental health and
    > more.&nbsp;
    >
    > I continue to work with Municipal partners on various projects
    > throughout Cumberland North,&nbsp;
    >
    >
    > This Week In Politics
    >
    > Local
    > This week I will be meeting with constituents to continue to work on
    > ongoing projects for family physician recruitment and addictions and
    > mental illness recovery projects.&nbsp;
    >
    > National
    > The Borders are opening between Canada and US this week for fully
    > vaccinated persons.&nbsp;
    > We also see the toll of the wild fires in British Colombia.
    > Heartbreaking to see the devastation and deaths from the deadly
    > fires.&nbsp;
    >
    >
    > Pandemic Update&nbsp;
    >
    > Vaccine
    >
    > Vaccination for the Covid-19 virus continues to be the main tool we
    > have to prevent illness and death. If you require assistance to book
    > your Covid19 vaccine please call my office and my staff can provide
    > you with some help. Our office phone number is 902-661-2288.&nbsp;
    >
    > NS has only 26.1 % of the population with 2nd doses of vaccine while
    > NB has 39.6% of the population vaccinated with 2nd doses. NB also
    > vaccinates persons with medical conditions that deems them high risk
    > but our NS government refuses.&nbsp;
    >
    > Nova Scotia&nbsp;
    >
    > NS has 53 active cases of Covid19 as of Monday morning with 3 new
    > cases being identified on Sunday. No one in ICU in the entire province
    > and only 3 people in hospital.&nbsp;
    >
    > https://novascotia.ca/coronavirus/data/
    >
    >
    > New Brunswick&nbsp;
    >
    > NB has 21 active cases of Covid-19 as of Monday morning with only 1
    > new case identified on Sunday. NB has no one in ICU and 4 persons on
    > hospital with Covid infections.&nbsp;
    >
    > https://experience.arcgis.com/experience/8eeb9a2052d641c996dba5de8f25a8aa
    >
    >
    >
    > Birthdays
    >
    > Monday Ashleigh Coffin and Sheila Rushton
    > Tuesday Laura Wells
    > Wednesday Mal MacDonald
    > Thursday Kittee Baxter and Carl LeBlanc
    > Friday Chuck MacInnis
    > Saturday Krista Cormier and Adrian VanVulpen
    >
    > Obituaries
    >
    > Hermina &quot;Mini&quot; Porter
    >
    > https://www.jonesfamilyfuneralcentre.ca/obituaries/154949
    >
    >
    > Margaret Ann Myles
    >
    > https://www.arbormemorial.ca/campbells/obituaries/margaret-ann-myles/68221/
    >
    > Nova Scotia Starts Here ~ Cumberland&nbsp;
    >
    > Several months ago I started this campaign emphasizing the importance
    > of Cumberland County. Nova Scotia does start in Cumberland. Cumberland
    > is the Gateway for the Atlantic Cooridor and on average 50 million
    > dollars worth of goods travel through our Gateway. We may only have 3%
    > of the population of NS but we provide critical infrastructure for NS,
    > the Maritimes, Canada and the entire Eastern Seaboard.&nbsp;
    >
    > Never underestimate your value as citizens of Cumberland. We are
    > important and we will stand for our area of the province. It&rsquo;s
    > time for Cumberland to receive the respect we deserve and we will grow
    > and become all that we are meant to be.&nbsp;
    >
    > Have a great week, take care of yourselves and take care of one
    > another.&nbsp;
    >
    > Take care,&nbsp;
    > Elizabeth&nbsp;
    > &nbsp;
    >
    > Elizabeth Smith-McCrossin MBA, BScN
    > Cumberland North MLA&nbsp;
    > &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
    &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
    > Live everyday to the fullest and love as much as humanly possible.
    >
    >
    >
    >>>>>
    >>>>>> ---------- Original message ----------
    >>>>>> From: David Amos <motomaniac333@gmail.com>
    >>>>>> Date: Wed, 26 Jun 2019 16:15:59 -0400
    >>>>>> Subject: Hey Ralph Goodale perhaps you and the RCMP should call the
    >>>>>> Yankees Governor Charlie Baker, his lawyer Bob Ross, Rachael Rollins
    >>>>>> and this cop Robert Ridge (857 259 9083) ASAP EH Mr Primme Minister
    >>>>>> Trudeau the Younger and Donald Trump Jr?
    >>>>>> To: pm@pm.gc.ca, Katie.Telford@pmo-cpm.gc.ca,
    >>>>>> Ian.Shugart@pco-bcp.gc.ca, djtjr@trumporg.com,
    >>>>>> Donald.J.Trump@donaldtrump.com
    , JUSTWEB@novascotia.ca,
    >>>>>> Frank.McKenna@td.com, barbara.massey@rcmp-grc.gc.ca,
    >>>>>> Douglas.Johnson@rcmp-grc.gc.ca
    , sandra.lofaro@rcmp-grc.gc.ca,
    >>>>>> washington.field@ic.fbi.gov, Brenda.Lucki@rcmp-grc.gc.ca,
    >>>>>> gov.press@state.ma.us, bob.ross@state.ma.us, jfurey@nbpower.com,
    >>>>>> jfetzer@d.umn.edu, Newsroom@globeandmail.com, sfine@globeandmail.com,
    >>>>>> .Poitras@cbc.ca, steve.murphy@ctv.ca, David.Akin@globalnews.ca,
    >>>>>> Dale.Morgan@rcmp-grc.gc.ca, news@kingscorecord.com,
    >>>>>> news@dailygleaner.com, oldmaison@yahoo.com, jbosnitch@gmail.com,
    >>>>>> andre@jafaust.com>
    >>>>>> Cc: david.raymond.amos333@gmail.com, DJT@trumporg.com
    >>>>>> wharrison@nbpower.com, David.Lametti@parl.gc.camcu@justice.gc.ca,
    >>>>>> Jody.Wilson-Raybould@parl.gc.ca, hon.ralph.goodale@canada.ca
    >>>>>>
    >>>>>>>
    >>>>>>> ---------- Forwarded message ----------
    >>>>>>> From: "Murray, Charles (Ombud)" <Charles.Murray@gnb.ca>
    >>>>>>> Date: Wed, 20 Mar 2019 18:16:15 +0000
    >>>>>>> Subject: You wished to speak with me
    >>>>>>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
    >>>>>>>
    >>>>>>> I have the advantage, sir, of having read many of your emails over
    >>>>>>> the
    >>>>>>> years.
    >>>>>>>
    >>>>>>>
    >>>>>>> As such, I do not think a phone conversation between us, and
    >>>>>>> specifically one which you might mistakenly assume was in response
    >>>>>>> to
    >>>>>>> your threat of legal action against me, is likely to prove a
    >>>>>>> productive use of either of our time.
    >>>>>>>
    >>>>>>>
    >>>>>>> If there is some specific matter about which you wish to communicate
    >>>>>>> with me, feel free to email me with the full details and it will be
    >>>>>>> given due consideration.
    >>>>>>>
    >>>>>>>
    >>>>>>> Sincerely,
    >>>>>>>
    >>>>>>>
    >>>>>>> Charles Murray
    >>>>>>>
    >>>>>>> Ombud NB
    >>>>>>>
    >>>>>>> Acting Integrity Commissioner
    >>>>>>>
    >>>>>>>
    >>>>>>>> From: Justice Website <JUSTWEB@novascotia.ca>
    >>>>>>>> Date: Mon, 18 Sep 2017 14:21:11 +0000
    >>>>>>>> Subject: Emails to Department of Justice and Province of Nova
    >>>>>>>> Scotia
    >>>>>>>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
    >>>>>>>>
    >>>>>>>> Mr. Amos,
    >>>>>>>> We acknowledge receipt of your recent emails to the Deputy Minister
    >>>>>>>> of
    >>>>>>>> Justice and lawyers within the Legal Services Division of the
    >>>>>>>> Department of Justice respecting a possible claim against the
    >>>>>>>> Province
    >>>>>>>> of Nova Scotia.  Service of any documents respecting a legal claim
    >>>>>>>> against the Province of Nova Scotia may be served on the Attorney
    >>>>>>>> General at 1690 Hollis Street, Halifax, NS.  Please note that we
    >>>>>>>> will
    >>>>>>>> not be responding to further emails on this matter.
    >>>>>>>>
    >>>>>>>> Department of Justice
    >>>>>>>>
    >>>>>>>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
    >>>>>>>>
    >>>>>>>>> If want something very serious to download and laugh at as well
    >>>>>>>>> Please
    >>>>>>>>> Enjoy and share real wiretap tapes of the mob
    >>>>>>>>>
    >>>>>>>>> http://thedavidamosrant.blogspot.ca/2013/10/re-glen-greenwald-and-braz
    >>>>>>>>> ilian.html
    >>>>>>>>>
    >>>>>>>>>> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
    >>>>>>>>>>
    >>>>>>>>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I
    >>>>>>>>>> must
    >>>>>>>>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
    >>>>>>>>>>
    >>>>>>>>>> http://www.youtube.com/watch?v=vugUalUO8YY
    >>>>>>>>>>
    >>>>>>>>>> What the hell does the media think my Yankee lawyer served upon
    >>>>>>>>>> the
    >>>>>>>>>> USDOJ right after I ran for and seat in the 39th Parliament
    >>>>>>>>>> baseball
    >>>>>>>>>> cards?
    >>>>>>>>>>
    >>>>>>>>>> http://archive.org/details/ITriedToExplainItToAllMaritimersInEarly200
    >>>>>>>>>> 6
    >>>>>>>>>>
    >>>>>>>>>> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
    >>>>>>>>>>
    >>>>>>>>>> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
    >>>>>>>>>>
    >>>>>>>>>> http://archive.org/details/Part1WiretapTape143
    >>>>>>>>>>
    >>>>>>>>>> FEDERAL EXPRES February 7, 2006
    >>>>>>>>>> Senator Arlen Specter
    >>>>>>>>>> United States Senate
    >>>>>>>>>> Committee on the Judiciary
    >>>>>>>>>> 224 Dirksen Senate Office Building
    >>>>>>>>>> Washington, DC 20510
    >>>>>>>>>>
    >>>>>>>>>> Dear Mr. Specter:
    >>>>>>>>>>
    >>>>>>>>>> I have been asked to forward the enclosed tapes to you from a man
    >>>>>>>>>> named, David Amos, a Canadian citizen, in connection with the
    >>>>>>>>>> matters
    >>>>>>>>>> raised in the attached letter.
    >>>>>>>>>>
    >>>>>>>>>> Mr. Amos has represented to me that these are illegal FBI wire
    >>>>>>>>>> tap
    >>>>>>>>>> tapes.
    >>>>>>>>>>
    >>>>>>>>>> I believe Mr. Amos has been in contact with you about this
    >>>>>>>>>> previously.
    >>>>>>>>>>
    >>>>>>>>>> Very truly yours,
    >>>>>>>>>> Barry A. Bachrach
    >>>>>>>>>> Direct telephone: (508) 926-3403
    >>>>>>>>>> Direct facsimile: (508) 929-3003
    >>>>>>>>>> Email: bbachrach@bowditch.com
    >>>>>>>>>>
    >>>>>>>>>
    >>>>>>>>
    >>>>>>>>> ---------- Forwarded message ----------
    >>>>>>>>> From: David Amos motomaniac333@gmail.com
    >>>>>>>>> Date: Mon, 12 Jun 2017 09:32:09 -0400
    >>>>>>>>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
    >>>>>>>>> To: coi@gnb.ca
    >>>>>>>>> Cc: david.raymond.amos@gmail.com
    >>>>>>>>>
    >>>>>>>>> Good Day Sir
    >>>>>>>>>
    >>>>>>>>> After I heard you speak on CBC I called your office again and
    >>>>>>>>> managed
    >>>>>>>>> to speak to one of your staff for the first time
    >>>>>>>>>
    >>>>>>>>> Please find attached the documents I promised to send to the lady
    >>>>>>>>> who
    >>>>>>>>> answered the phone this morning. Please notice that not after the
    >>>>>>>>> Sgt
    >>>>>>>>> at Arms took the documents destined to your office his pal Tanker
    >>>>>>>>> Malley barred me in writing with an "English" only document.
    >>>>>>>>>
    >>>>>>>>> These are the hearings and the dockets in Federal Court that I
    >>>>>>>>> suggested that you study closely.
    >>>>>>>>>
    >>>>>>>>> This is the docket in Federal Court
    >>>>>>>>>
    >>>>>>>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
    >>>>>>>>>
    >>>>>>>>> These are digital recordings of  the last three hearings
    >>>>>>>>>
    >>>>>>>>> Dec 14th https://archive.org/details/BahHumbug
    >>>>>>>>>
    >>>>>>>>> January 11th, 2016 https://archive.org/details/Jan11th2015
    >>>>>>>>>
    >>>>>>>>> April 3rd, 2017
    >>>>>>>>>
    >>>>>>>>> https://archive.org/details/April32017JusticeLeblancHearing
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> This is the docket in the Federal Court of Appeal
    >>>>>>>>>
    >>>>>>>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> The only hearing thus far
    >>>>>>>>>
    >>>>>>>>> May 24th, 2017
    >>>>>>>>>
    >>>>>>>>> https://archive.org/details/May24thHoedown
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> This Judge understnds the meaning of the word Integrity
    >>>>>>>>>
    >>>>>>>>> Date: 20151223
    >>>>>>>>>
    >>>>>>>>> Docket: T-1557-15
    >>>>>>>>>
    >>>>>>>>> Fredericton, New Brunswick, December 23, 2015
    >>>>>>>>>
    >>>>>>>>> PRESENT:        The Honourable Mr. Justice Bell
    >>>>>>>>>
    >>>>>>>>> BETWEEN:
    >>>>>>>>>
    >>>>>>>>> DAVID RAYMOND AMOS
    >>>>>>>>>
    >>>>>>>>> Plaintiff
    >>>>>>>>>
    >>>>>>>>> and
    >>>>>>>>>
    >>>>>>>>> HER MAJESTY THE QUEEN
    >>>>>>>>>
    >>>>>>>>> Defendant
    >>>>>>>>>
    >>>>>>>>> ORDER
    >>>>>>>>>
    >>>>>>>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
    >>>>>>>>> December 14, 2015)
    >>>>>>>>>
    >>>>>>>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant
    >>>>>>>>> to
    >>>>>>>>> the Federal Courts Rules (SOR/98-106), from an Order made on
    >>>>>>>>> November
    >>>>>>>>> 12, 2015, in which Prothonotary Morneau struck the Statement of
    >>>>>>>>> Claim
    >>>>>>>>> in its entirety.
    >>>>>>>>>
    >>>>>>>>> At the outset of the hearing, the Plaintiff brought to my
    >>>>>>>>> attention
    >>>>>>>>> a
    >>>>>>>>> letter dated September 10, 2004, which he sent to me, in my then
    >>>>>>>>> capacity as Past President of the New Brunswick Branch of the
    >>>>>>>>> Canadian
    >>>>>>>>> Bar Association, and the then President of the Branch, Kathleen
    >>>>>>>>> Quigg,
    >>>>>>>>> (now a Justice of the New Brunswick Court of Appeal).  In that
    >>>>>>>>> letter
    >>>>>>>>> he stated:
    >>>>>>>>>
    >>>>>>>>> As for your past President, Mr. Bell, may I suggest that you check
    >>>>>>>>> the
    >>>>>>>>> work of Frank McKenna before I sue your entire law firm including
    >>>>>>>>> you.
    >>>>>>>>> You are your brother’s keeper.
    >>>>>>>>>
    >>>>>>>>> Frank McKenna is the former Premier of New Brunswick and a former
    >>>>>>>>> colleague of mine at the law firm of McInnes Cooper. In addition
    >>>>>>>>> to
    >>>>>>>>> expressing an intention to sue me, the Plaintiff refers to a
    >>>>>>>>> number
    >>>>>>>>> of
    >>>>>>>>> people in his Motion Record who he appears to contend may be
    >>>>>>>>> witnesses
    >>>>>>>>> or potential parties to be added. Those individuals who are known
    >>>>>>>>> to
    >>>>>>>>> me personally, include, but are not limited to the former Prime
    >>>>>>>>> Minister of Canada, The Right Honourable Stephen Harper; former
    >>>>>>>>> Attorney General of Canada and now a Justice of the Manitoba Court
    >>>>>>>>> of
    >>>>>>>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
    >>>>>>>>> former Director of Policing Services, the late Grant Garneau;
    >>>>>>>>> former
    >>>>>>>>> Chief of the Fredericton Police Force, Barry McKnight; former
    >>>>>>>>> Staff
    >>>>>>>>> Sergeant Danny Copp; my former colleagues on the New Brunswick
    >>>>>>>>> Court
    >>>>>>>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and,
    >>>>>>>>> retired
    >>>>>>>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
    >>>>>>>>> Police.
    >>>>>>>>>
    >>>>>>>>> In the circumstances, given the threat in 2004 to sue me in my
    >>>>>>>>> personal capacity and my past and present relationship with many
    >>>>>>>>> potential witnesses and/or potential parties to the litigation, I
    >>>>>>>>> am
    >>>>>>>>> of the view there would be a reasonable apprehension of bias
    >>>>>>>>> should
    >>>>>>>>> I
    >>>>>>>>> hear this motion. See Justice de Grandpré’s dissenting judgment in
    >>>>>>>>> Committee for Justice and Liberty et al v National Energy Board et
    >>>>>>>>> al,
    >>>>>>>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
    >>>>>>>>> allegations of bias. In the circumstances, although neither party
    >>>>>>>>> has
    >>>>>>>>> requested I recuse myself, I consider it appropriate that I do so.
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the
    >>>>>>>>> Administrator
    >>>>>>>>> of
    >>>>>>>>> the Court schedule another date for the hearing of the motion.
    >>>>>>>>> There
    >>>>>>>>> is no order as to costs.
    >>>>>>>>>
    >>>>>>>>> “B. Richard Bell”
    >>>>>>>>> Judge
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> Below after the CBC article about your concerns (I made one
    >>>>>>>>> comment
    >>>>>>>>> already) you will find the text of just two of many emails I had
    >>>>>>>>> sent
    >>>>>>>>> to your office over the years since I first visited it in 2006.
    >>>>>>>>>
    >>>>>>>>>  I noticed that on July 30, 2009, he was appointed to the  the
    >>>>>>>>> Court
    >>>>>>>>> Martial Appeal Court of Canada  Perhaps you should scroll to the
    >>>>>>>>> bottom of this email ASAP and read the entire Paragraph 83  of my
    >>>>>>>>> lawsuit now before the Federal Court of Canada?
    >>>>>>>>>
    >>>>>>>>> "FYI This is the text of the lawsuit that should interest Trudeau
    >>>>>>>>> the
    >>>>>>>>> most
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> ---------- Original message ----------
    >>>>>>>>> From: justin.trudeau.a1@parl.gc.ca
    >>>>>>>>> Date: Thu, Oct 22, 2015 at 8:18 PM
    >>>>>>>>> Subject: Réponse automatique : RE My complaint against the CROWN
    >>>>>>>>> in
    >>>>>>>>> Federal Court Attn David Hansen and Peter MacKay If you planning
    >>>>>>>>> to
    >>>>>>>>> submit a motion for a publication ban on my complaint trust that
    >>>>>>>>> you
    >>>>>>>>> dudes are way past too late
    >>>>>>>>> To: david.raymond.amos@gmail.com
    >>>>>>>>>
    >>>>>>>>> Veuillez noter que j'ai changé de courriel. Vous pouvez me
    >>>>>>>>> rejoindre
    >>>>>>>>> à
    >>>>>>>>> lalanthier@hotmail.com
    >>>>>>>>>
    >>>>>>>>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un
    >>>>>>>>> courriel
    >>>>>>>>> à
    >>>>>>>>> tommy.desfosses@parl.gc.ca
    >>>>>>>>>
    >>>>>>>>> Please note that I changed email address, you can reach me at
    >>>>>>>>> lalanthier@hotmail.com
    >>>>>>>>>
    >>>>>>>>> To reach the office of Mr. Trudeau please send an email to
    >>>>>>>>> tommy.desfosses@parl.gc.ca
    >>>>>>>>>
    >>>>>>>>> Thank you,
    >>>>>>>>>
    >>>>>>>>> Merci ,
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> 83.  The Plaintiff states that now that Canada is involved in more
    >>>>>>>>> war
    >>>>>>>>> in Iraq again it did not serve Canadian interests and reputation
    >>>>>>>>> to
    >>>>>>>>> allow Barry Winters to publish the following words three times
    >>>>>>>>> over
    >>>>>>>>> five years after he began his bragging:
    >>>>>>>>>
    >>>>>>>>> January 13, 2015
    >>>>>>>>> This Is Just AS Relevant Now As When I wrote It During The Debate
    >>>>>>>>>
    >>>>>>>>> December 8, 2014
    >>>>>>>>> Why Canada Stood Tall!
    >>>>>>>>>
    >>>>>>>>> Friday, October 3, 2014
    >>>>>>>>> Little David Amos’ “True History Of War” Canadian Airstrikes And
    >>>>>>>>> Stupid Justin Trudeau
    >>>>>>>>>
    >>>>>>>>> Canada’s and Canadians free ride is over. Canada can no longer
    >>>>>>>>> hide
    >>>>>>>>> behind Amerka’s and NATO’s skirts.
    >>>>>>>>>
    >>>>>>>>> When I was still in Canadian Forces then Prime Minister Jean
    >>>>>>>>> Chretien
    >>>>>>>>> actually committed the Canadian Army to deploy in the second
    >>>>>>>>> campaign
    >>>>>>>>> in Iraq, the Coalition of the Willing. This was against or
    >>>>>>>>> contrary
    >>>>>>>>> to
    >>>>>>>>> the wisdom or advice of those of us Canadian officers that were
    >>>>>>>>> involved in the initial planning phases of that operation. There
    >>>>>>>>> were
    >>>>>>>>> significant concern in our planning cell, and NDHQ about of the
    >>>>>>>>> dearth
    >>>>>>>>> of concern for operational guidance, direction, and forces for
    >>>>>>>>> operations after the initial occupation of Iraq. At the “last
    >>>>>>>>> minute”
    >>>>>>>>> Prime Minister Chretien and the Liberal government changed its
    >>>>>>>>> mind.
    >>>>>>>>> The Canadian government told our amerkan cousins that we would not
    >>>>>>>>> deploy combat troops for the Iraq campaign, but would deploy a
    >>>>>>>>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins
    >>>>>>>>> to
    >>>>>>>>> redeploy troops from there to Iraq. The PMO’s thinking that it was
    >>>>>>>>> less costly to deploy Canadian Forces to Afghanistan than Iraq.
    >>>>>>>>> But
    >>>>>>>>> alas no one seems to remind the Liberals of Prime Minister
    >>>>>>>>> Chretien’s
    >>>>>>>>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
    >>>>>>>>> incompetence and stupidity, the Canadian Army was heroic,
    >>>>>>>>> professional, punched well above it’s weight, and the PPCLI Battle
    >>>>>>>>> Group, is credited with “saving Afghanistan” during the Panjway
    >>>>>>>>> campaign of 2006.
    >>>>>>>>>
    >>>>>>>>> What Justin Trudeau and the Liberals don’t tell you now, is that
    >>>>>>>>> then
    >>>>>>>>> Liberal Prime Minister Jean Chretien committed, and deployed the
    >>>>>>>>> Canadian army to Canada’s longest “war” without the advice,
    >>>>>>>>> consent,
    >>>>>>>>> support, or vote of the Canadian Parliament.
    >>>>>>>>>
    >>>>>>>>> What David Amos and the rest of the ignorant, uneducated, and
    >>>>>>>>> babbling
    >>>>>>>>> chattering classes are too addled to understand is the deployment
    >>>>>>>>> of
    >>>>>>>>> less than 75 special operations troops, and what is known by
    >>>>>>>>> planners
    >>>>>>>>> as a “six pac cell” of fighter aircraft is NOT the same as a
    >>>>>>>>> deployment of a Battle Group, nor a “war” make.
    >>>>>>>>>
    >>>>>>>>> The Canadian Government or The Crown unlike our amerkan cousins
    >>>>>>>>> have
    >>>>>>>>> the “constitutional authority” to commit the Canadian nation to
    >>>>>>>>> war.
    >>>>>>>>> That has been recently clearly articulated to the Canadian public
    >>>>>>>>> by
    >>>>>>>>> constitutional scholar Phillippe Legasse. What Parliament can do
    >>>>>>>>> is
    >>>>>>>>> remove “confidence” in The Crown’s Government in a “vote of
    >>>>>>>>> non-confidence.” That could not happen to the Chretien Government
    >>>>>>>>> regarding deployment to Afghanistan, and it won’t happen in this
    >>>>>>>>> instance with the conservative majority in The Commons regarding a
    >>>>>>>>> limited Canadian deployment to the Middle East.
    >>>>>>>>>
    >>>>>>>>> President George Bush was quite correct after 911 and the terror
    >>>>>>>>> attacks in New York; that the Taliban “occupied” and “failed
    >>>>>>>>> state”
    >>>>>>>>> Afghanistan was the source of logistical support, command and
    >>>>>>>>> control,
    >>>>>>>>> and training for the Al Quaeda war of terror against the world.
    >>>>>>>>> The
    >>>>>>>>> initial defeat, and removal from control of Afghanistan was vital
    >>>>>>>>> and
    >>>>>>>>>
    >>>>>>>>> P.S. Whereas this CBC article is about your opinion of the actions
    >>>>>>>>> of
    >>>>>>>>> the latest Minister Of Health trust that Mr Boudreau and the CBC
    >>>>>>>>> have
    >>>>>>>>> had my files for many years and the last thing they are is
    >>>>>>>>> ethical.
    >>>>>>>>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
    >>>>>>>>>
    >>>>>>>>> Subject:
    >>>>>>>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
    >>>>>>>>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
    >>>>>>>>> To: motomaniac_02186@yahoo.com
    >>>>>>>>>
    >>>>>>>>> January 30, 2007
    >>>>>>>>>
    >>>>>>>>> WITHOUT PREJUDICE
    >>>>>>>>>
    >>>>>>>>> Mr. David Amos
    >>>>>>>>>
    >>>>>>>>> Dear Mr. Amos:
    >>>>>>>>>
    >>>>>>>>> This will acknowledge receipt of a copy of your e-mail of December
    >>>>>>>>> 29,
    >>>>>>>>> 2006 to Corporal Warren McBeath of the RCMP.
    >>>>>>>>>
    >>>>>>>>> Because of the nature of the allegations made in your message, I
    >>>>>>>>> have
    >>>>>>>>> taken the measure of forwarding a copy to Assistant Commissioner
    >>>>>>>>> Steve
    >>>>>>>>> Graham of the RCMP “J” Division in Fredericton.
    >>>>>>>>>
    >>>>>>>>> Sincerely,
    >>>>>>>>>
    >>>>>>>>> Honourable Michael B. Murphy
    >>>>>>>>> Minister of Health
    >>>>>>>>>
    >>>>>>>>> CM/cb
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
    >>>>>>>>>
    >>>>>>>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
    >>>>>>>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
    >>>>>>>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
    >>>>>>>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
    >>>>>>>>> motomaniac_02186@yahoo.com
    >>>>>>>>> CC: ottawa@chuckstrahl.com,
    >>>>>>>>> riding@chuckstrahl.com,John.Foran@gnb.ca,
    >>>>>>>>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
    >>>>>>>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
    >>>>>>>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
    >>>>>>>>> forgotten me but the crooks within the RCMP have not
    >>>>>>>>>
    >>>>>>>>> Dear Mr. Amos,
    >>>>>>>>>
    >>>>>>>>> Thank you for your follow up e-mail to me today. I was on days off
    >>>>>>>>> over the holidays and returned to work this evening. Rest assured
    >>>>>>>>> I
    >>>>>>>>> was not ignoring or procrastinating to respond to your concerns.
    >>>>>>>>>
    >>>>>>>>> As your attachment sent today refers from Premier Graham, our
    >>>>>>>>> position
    >>>>>>>>> is clear on your dead calf issue: Our forensic labs do not process
    >>>>>>>>> testing on animals in cases such as yours, they are referred to
    >>>>>>>>> the
    >>>>>>>>> Atlantic Veterinary College in Charlottetown who can provide these
    >>>>>>>>> services. If you do not choose to utilize their expertise in this
    >>>>>>>>> instance, then that is your decision and nothing more can be done.
    >>>>>>>>>
    >>>>>>>>> As for your other concerns regarding the US Government, false
    >>>>>>>>> imprisonment and Federal Court Dates in the US, etc... it is clear
    >>>>>>>>> that Federal authorities are aware of your concerns both in Canada
    >>>>>>>>> the US. These issues do not fall into the purvue of Detachment
    >>>>>>>>> and policing in Petitcodiac, NB.
    >>>>>>>>>
    >>>>>>>>> It was indeed an interesting and informative conversation we had
    >>>>>>>>> on
    >>>>>>>>> December 23rd, and I wish you well in all of your future
    >>>>>>>>> endeavors.
    >>>>>>>>>
    >>>>>>>>>  Sincerely,
    >>>>>>>>>
    >>>>>>>>> Warren McBeath, Cpl.
    >>>>>>>>> GRC Caledonia RCMP
    >>>>>>>>> Traffic Services NCO
    >>>>>>>>> Ph: (506) 387-2222
    >>>>>>>>> Fax: (506) 387-4622
    >>>>>>>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>>
    >>>>>>>>> Alexandre Deschênes, Q.C.,
    >>>>>>>>> Office of the Integrity Commissioner
    >>>>>>>>> Edgecombe House, 736 King Street
    >>>>>>>>> Fredericton, N.B. CANADA E3B 5H1
    >>>>>>>>> tel.: 506-457-7890
    >>>>>>>>> fax: 506-444-5224
    >>>>>>>>> e-mail:coi@gnb.ca
    >>>>>>>>>
    >>>>>>>>
    >>>>>>>> ---------- Forwarded message ----------
    >>>>>>>>
    >>>>>>>> http://davidraymondamos3.blogspot.ca/2017/11/federal-court-of-appeal-finally-makes.html
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> Sunday, 19 November 2017
    >>>>>>>> Federal Court of Appeal Finally Makes The BIG Decision And
    >>>>>>>> Publishes
    >>>>>>>> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter
    >>>>>>>> Before
    >>>>>>>> The Supreme Court
    >>>>>>>>
    >>>>>>>> https://decisions.fct-cf.gc.ca/fca-caf/decisions/en/item/236679/index.do
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> Federal Court of Appeal Decisions
    >>>>>>>>
    >>>>>>>> Amos v. Canada
    >>>>>>>> Court (s) Database
    >>>>>>>>
    >>>>>>>> Federal Court of Appeal Decisions
    >>>>>>>> Date
    >>>>>>>>
    >>>>>>>> 2017-10-30
    >>>>>>>> Neutral citation
    >>>>>>>>
    >>>>>>>> 2017 FCA 213
    >>>>>>>> File numbers
    >>>>>>>>
    >>>>>>>> A-48-16
    >>>>>>>> Date: 20171030
    >>>>>>>>
    >>>>>>>> Docket: A-48-16
    >>>>>>>> Citation: 2017 FCA 213
    >>>>>>>> CORAM:
    >>>>>>>>
    >>>>>>>> WEBB J.A.
    >>>>>>>> NEAR J.A.
    >>>>>>>> GLEASON J.A.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> BETWEEN:
    >>>>>>>> DAVID RAYMOND AMOS
    >>>>>>>> Respondent on the cross-appeal
    >>>>>>>> (and formally Appellant)
    >>>>>>>> and
    >>>>>>>> HER MAJESTY THE QUEEN
    >>>>>>>> Appellant on the cross-appeal
    >>>>>>>> (and formerly Respondent)
    >>>>>>>> Heard at Fredericton, New Brunswick, on May 24, 2017.
    >>>>>>>> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
    >>>>>>>> REASONS FOR JUDGMENT BY:
    >>>>>>>>
    >>>>>>>> THE COURT
    >>>>>>>>
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> Date: 20171030
    >>>>>>>>
    >>>>>>>> Docket: A-48-16
    >>>>>>>> Citation: 2017 FCA 213
    >>>>>>>> CORAM:
    >>>>>>>>
    >>>>>>>> WEBB J.A.
    >>>>>>>> NEAR J.A.
    >>>>>>>> GLEASON J.A.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> BETWEEN:
    >>>>>>>> DAVID RAYMOND AMOS
    >>>>>>>> Respondent on the cross-appeal
    >>>>>>>> (and formally Appellant)
    >>>>>>>> and
    >>>>>>>> HER MAJESTY THE QUEEN
    >>>>>>>> Appellant on the cross-appeal
    >>>>>>>> (and formerly Respondent)
    >>>>>>>> REASONS FOR JUDGMENT BY THE COURT
    >>>>>>>>
    >>>>>>>> I.                    Introduction
    >>>>>>>>
    >>>>>>>> [1]               On September 16, 2015, David Raymond Amos (Mr.
    >>>>>>>> Amos)
    >>>>>>>> filed a 53-page Statement of Claim (the Claim) in Federal Court
    >>>>>>>> against Her Majesty the Queen (the Crown). Mr. Amos claims $11
    >>>>>>>> million
    >>>>>>>> in damages and a public apology from the Prime Minister and
    >>>>>>>> Provincial
    >>>>>>>> Premiers for being illegally barred from accessing parliamentary
    >>>>>>>> properties and seeks a declaration from the Minister of Public
    >>>>>>>> Safety
    >>>>>>>> that the Canadian Government will no longer allow the Royal
    >>>>>>>> Canadian
    >>>>>>>> Mounted Police (RCMP) and Canadian Forces to harass him and his
    >>>>>>>> clan
    >>>>>>>> (Claim at para. 96).
    >>>>>>>>
    >>>>>>>> [2]               On November 12, 2015 (Docket T-1557-15), by way
    >>>>>>>> of
    >>>>>>>> a
    >>>>>>>> motion brought by the Crown, a prothonotary of the Federal Court
    >>>>>>>> (the
    >>>>>>>> Prothonotary) struck the Claim in its entirety, without leave to
    >>>>>>>> amend, on the basis that it was plain and obvious that the Claim
    >>>>>>>> disclosed no reasonable claim, the Claim was fundamentally
    >>>>>>>> vexatious,
    >>>>>>>> and the Claim could not be salvaged by way of further amendment
    >>>>>>>> (the
    >>>>>>>> Prothontary’s Order).
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [3]               On January 25, 2016 (2016 FC 93), by way of Mr.
    >>>>>>>> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
    >>>>>>>> Court (the Judge), reviewing the matter de novo, struck all of Mr.
    >>>>>>>> Amos’ claims for relief with the exception of the claim for damages
    >>>>>>>> for being barred by the RCMP from the New Brunswick legislature in
    >>>>>>>> 2004 (the Federal Court Judgment).
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [4]               Mr. Amos appealed and the Crown cross-appealed
    >>>>>>>> the
    >>>>>>>> Federal Court Judgment. Further to the issuance of a Notice of
    >>>>>>>> Status
    >>>>>>>> Review, Mr. Amos’ appeal was dismissed for delay on December 19,
    >>>>>>>> 2016.
    >>>>>>>> As such, the only matter before this Court is the Crown’s
    >>>>>>>> cross-appeal.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> II.                 Preliminary Matter
    >>>>>>>>
    >>>>>>>> [5]               Mr. Amos, in his memorandum of fact and law in
    >>>>>>>> relation to the cross-appeal that was filed with this Court on
    >>>>>>>> March
    >>>>>>>> 6, 2017, indicated that several judges of this Court, including two
    >>>>>>>> of
    >>>>>>>> the judges of this panel, had a conflict of interest in this
    >>>>>>>> appeal.
    >>>>>>>> This was the first time that he identified the judges whom he
    >>>>>>>> believed
    >>>>>>>> had a conflict of interest in a document that was filed with this
    >>>>>>>> Court. In his notice of appeal he had alluded to a conflict with
    >>>>>>>> several judges but did not name those judges.
    >>>>>>>>
    >>>>>>>> [6]               Mr. Amos was of the view that he did not have to
    >>>>>>>> identify the judges in any document filed with this Court because
    >>>>>>>> he
    >>>>>>>> had identified the judges in various documents that had been filed
    >>>>>>>> with the Federal Court. In his view the Federal Court and the
    >>>>>>>> Federal
    >>>>>>>> Court of Appeal are the same court and therefore any document filed
    >>>>>>>> in
    >>>>>>>> the Federal Court would be filed in this Court. This view is based
    >>>>>>>> on
    >>>>>>>> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C.,
    >>>>>>>> 1985,
    >>>>>>>> c. F-7:
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> 5(4) Every judge of the Federal Court is, by virtue of his or her
    >>>>>>>> office, a judge of the Federal Court of Appeal and has all the
    >>>>>>>> jurisdiction, power and authority of a judge of the Federal Court
    >>>>>>>> of
    >>>>>>>> Appeal.
    >>>>>>>> […]
    >>>>>>>>
    >>>>>>>> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
    >>>>>>>> d’appel fédérale et ont la même compétence et les mêmes pouvoirs
    >>>>>>>> que
    >>>>>>>> les juges de la Cour d’appel fédérale.
    >>>>>>>> […]
    >>>>>>>> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
    >>>>>>>> that office, a judge of the Federal Court and has all the
    >>>>>>>> jurisdiction, power and authority of a judge of the Federal Court.
    >>>>>>>>
    >>>>>>>> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de
    >>>>>>>> la
    >>>>>>>> Cour fédérale et ont la même compétence et les mêmes pouvoirs que
    >>>>>>>> les
    >>>>>>>> juges de la Cour fédérale.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [7]               However, these subsections only provide that the
    >>>>>>>> judges of the Federal Court are also judges of this Court (and vice
    >>>>>>>> versa). It does not mean that there is only one court. If the
    >>>>>>>> Federal
    >>>>>>>> Court and this Court were one Court, there would be no need for
    >>>>>>>> this
    >>>>>>>> section.
    >>>>>>>> [8]               Sections 3 and 4 of the Federal Courts Act
    >>>>>>>> provide
    >>>>>>>> that:
    >>>>>>>> 3 The division of the Federal Court of Canada called the Federal
    >>>>>>>> Court
    >>>>>>>> — Appeal Division is continued under the name “Federal Court of
    >>>>>>>> Appeal” in English and “Cour d’appel fédérale” in French. It is
    >>>>>>>> continued as an additional court of law, equity and admiralty in
    >>>>>>>> and
    >>>>>>>> for Canada, for the better administration of the laws of Canada and
    >>>>>>>> as
    >>>>>>>> a superior court of record having civil and criminal jurisdiction.
    >>>>>>>>
    >>>>>>>> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour
    >>>>>>>> d’appel
    >>>>>>>> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
    >>>>>>>> français et « Federal Court of Appeal » en anglais. Elle est
    >>>>>>>> maintenue
    >>>>>>>> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
    >>>>>>>> Canada, propre à améliorer l’application du droit canadien, et
    >>>>>>>> continue d’être une cour supérieure d’archives ayant compétence en
    >>>>>>>> matière civile et pénale.
    >>>>>>>> 4 The division of the Federal Court of Canada called the Federal
    >>>>>>>> Court
    >>>>>>>> — Trial Division is continued under the name “Federal Court” in
    >>>>>>>> English and “Cour fédérale” in French. It is continued as an
    >>>>>>>> additional court of law, equity and admiralty in and for Canada,
    >>>>>>>> for
    >>>>>>>> the better administration of the laws of Canada and as a superior
    >>>>>>>> court of record having civil and criminal jurisdiction.
    >>>>>>>>
    >>>>>>>> 4 La section de la Cour fédérale du Canada, appelée la Section de
    >>>>>>>> première instance de la Cour fédérale, est maintenue et dénommée «
    >>>>>>>> Cour fédérale » en français et « Federal Court » en anglais. Elle
    >>>>>>>> est
    >>>>>>>> maintenue à titre de tribunal additionnel de droit, d’equity et
    >>>>>>>> d’amirauté du Canada, propre à améliorer l’application du droit
    >>>>>>>> canadien, et continue d’être une cour supérieure d’archives ayant
    >>>>>>>> compétence en matière civile et pénale.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [9]               Sections 3 and 4 of the Federal Courts Act create
    >>>>>>>> two separate courts – this Court (section 3) and the Federal Court
    >>>>>>>> (section 4). If, as Mr. Amos suggests, documents filed in the
    >>>>>>>> Federal
    >>>>>>>> Court were automatically also filed in this Court, then there would
    >>>>>>>> no
    >>>>>>>> need for the parties to prepare and file appeal books as required
    >>>>>>>> by
    >>>>>>>> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in
    >>>>>>>> relation
    >>>>>>>> to any appeal from a decision of the Federal Court. The requirement
    >>>>>>>> to
    >>>>>>>> file an appeal book with this Court in relation to an appeal from a
    >>>>>>>> decision of the Federal Court makes it clear that the only
    >>>>>>>> documents
    >>>>>>>> that will be before this Court are the documents that are part of
    >>>>>>>> that
    >>>>>>>> appeal book.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [10]           Therefore, the memorandum of fact and law filed on
    >>>>>>>> March 6, 2017 is the first document, filed with this Court, in
    >>>>>>>> which
    >>>>>>>> Mr. Amos identified the particular judges that he submits have a
    >>>>>>>> conflict in any matter related to him.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [11]           On April 3, 2017, Mr. Amos attempted to bring a
    >>>>>>>> motion
    >>>>>>>> before the Federal Court seeking an order “affirming or denying the
    >>>>>>>> conflict of interest he has” with a number of judges of the Federal
    >>>>>>>> Court. A judge of the Federal Court issued a direction noting that
    >>>>>>>> if
    >>>>>>>> Mr. Amos was seeking this order in relation to judges of the
    >>>>>>>> Federal
    >>>>>>>> Court of Appeal, it was beyond the jurisdiction of the Federal
    >>>>>>>> Court.
    >>>>>>>> Mr. Amos raised the Federal Court motion at the hearing of this
    >>>>>>>> cross-appeal. The Federal Court motion is not a motion before this
    >>>>>>>> Court and, as such, the submissions filed before the Federal Court
    >>>>>>>> will not be entertained. As well, since this was a motion brought
    >>>>>>>> before the Federal Court (and not this Court), any documents filed
    >>>>>>>> in
    >>>>>>>> relation to that motion are not part of the record of this Court.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [12]           During the hearing of the appeal Mr. Amos alleged
    >>>>>>>> that
    >>>>>>>> the third member of this panel also had a conflict of interest and
    >>>>>>>> submitted some documents that, in his view, supported his claim of
    >>>>>>>> a
    >>>>>>>> conflict. Mr. Amos, following the hearing of his appeal, was also
    >>>>>>>> afforded the opportunity to provide a brief summary of the conflict
    >>>>>>>> that he was alleging and to file additional documents that, in his
    >>>>>>>> view, supported his allegations. Mr. Amos submitted several pages
    >>>>>>>> of
    >>>>>>>> documents in relation to the alleged conflicts. He organized the
    >>>>>>>> documents by submitting a copy of the biography of the particular
    >>>>>>>> judge and then, immediately following that biography, by including
    >>>>>>>> copies of the documents that, in his view, supported his claim that
    >>>>>>>> such judge had a conflict.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [13]           The nature of the alleged conflict of Justice Webb
    >>>>>>>> is
    >>>>>>>> that before he was appointed as a Judge of the Tax Court of Canada
    >>>>>>>> in
    >>>>>>>> 2006, he was a partner with the law firm Patterson Law, and before
    >>>>>>>> that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that
    >>>>>>>> he
    >>>>>>>> had a number of disputes with Patterson Palmer and Patterson Law
    >>>>>>>> and
    >>>>>>>> therefore Justice Webb has a conflict simply because he was a
    >>>>>>>> partner
    >>>>>>>> of these firms. Mr. Amos is not alleging that Justice Webb was
    >>>>>>>> personally involved in or had any knowledge of any matter in which
    >>>>>>>> Mr.
    >>>>>>>> Amos was involved with Justice Webb’s former law firm – only that
    >>>>>>>> he
    >>>>>>>> was a member of such firm.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [14]           During his oral submissions at the hearing of his
    >>>>>>>> appeal Mr. Amos, in relation to the alleged conflict for Justice
    >>>>>>>> Webb,
    >>>>>>>> focused on dealings between himself and a particular lawyer at
    >>>>>>>> Patterson Law. However, none of the documents submitted by Mr. Amos
    >>>>>>>> at
    >>>>>>>> the hearing or subsequently related to any dealings with this
    >>>>>>>> particular lawyer nor is it clear when Mr. Amos was dealing with
    >>>>>>>> this
    >>>>>>>> lawyer. In particular, it is far from clear whether such dealings
    >>>>>>>> were
    >>>>>>>> after the time that Justice Webb was appointed as a Judge of the
    >>>>>>>> Tax
    >>>>>>>> Court of Canada over 10 years ago.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [15]           The documents that he submitted in relation to the
    >>>>>>>> alleged conflict for Justice Webb largely relate to dealings
    >>>>>>>> between
    >>>>>>>> Byron Prior and the St. John’s Newfoundland and Labrador office of
    >>>>>>>> Patterson Palmer, which is not in the same province where Justice
    >>>>>>>> Webb
    >>>>>>>> practiced law. The only document that indicates any dealing between
    >>>>>>>> Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen
    >>>>>>>> May
    >>>>>>>> who was a partner in the St. John’s NL office of Patterson Palmer.
    >>>>>>>> The
    >>>>>>>> affidavit is dated January 24, 2005 and refers to a number of
    >>>>>>>> e-mails
    >>>>>>>> that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
    >>>>>>>> letter that is addressed to four individuals, one of whom is John
    >>>>>>>> Crosbie who was counsel to the St. John’s NL office of Patterson
    >>>>>>>> Palmer. The letter is dated September 2, 2004 and is addressed to
    >>>>>>>> “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
    >>>>>>>> Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
    >>>>>>>> possible lawsuit against Patterson Palmer.
    >>>>>>>> [16]           Mr. Amos’ position is that simply because Justice
    >>>>>>>> Webb
    >>>>>>>> was a lawyer with Patterson Palmer, he now has a conflict. In
    >>>>>>>> Wewaykum
    >>>>>>>> Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
    >>>>>>>> 259, the Supreme Court of Canada noted that disqualification of a
    >>>>>>>> judge is to be determined based on whether there is a reasonable
    >>>>>>>> apprehension of bias:
    >>>>>>>> 60        In Canadian law, one standard has now emerged as the
    >>>>>>>> criterion for disqualification. The criterion, as expressed by de
    >>>>>>>> Grandpré J. in Committee for Justice and Liberty v. National Energy
    >>>>>>>> Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is
    >>>>>>>> the
    >>>>>>>> reasonable apprehension of bias:
    >>>>>>>> … the apprehension of bias must be a reasonable one, held by
    >>>>>>>> reasonable and right minded persons, applying themselves to the
    >>>>>>>> question and obtaining thereon the required information. In the
    >>>>>>>> words
    >>>>>>>> of the Court of Appeal, that test is "what would an informed
    >>>>>>>> person,
    >>>>>>>> viewing the matter realistically and practically -- and having
    >>>>>>>> thought
    >>>>>>>> the matter through -- conclude. Would he think that it is more
    >>>>>>>> likely
    >>>>>>>> than not that [the decision-maker], whether consciously or
    >>>>>>>> unconsciously, would not decide fairly."
    >>>>>>>>
    >>>>>>>> [17]           The issue to be determined is whether an informed
    >>>>>>>> person, viewing the matter realistically and practically, and
    >>>>>>>> having
    >>>>>>>> thought the matter through, would conclude that Mr. Amos’
    >>>>>>>> allegations
    >>>>>>>> give rise to a reasonable apprehension of bias. As this Court has
    >>>>>>>> previously remarked, “there is a strong presumption that judges
    >>>>>>>> will
    >>>>>>>> administer justice impartially” and this presumption will not be
    >>>>>>>> rebutted in the absence of “convincing evidence” of bias (Collins
    >>>>>>>> v.
    >>>>>>>> Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
    >>>>>>>> also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
    >>>>>>>> (4th) 193).
    >>>>>>>>
    >>>>>>>> [18]           The Ontario Court of Appeal in Rando Drugs Ltd. v.
    >>>>>>>> Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the
    >>>>>>>> Supreme
    >>>>>>>> Court of Canada refused, 32285 (August 1, 2007)), addressed the
    >>>>>>>> particular issue of whether a judge is disqualified from hearing a
    >>>>>>>> case simply because he had been a member of a law firm that was
    >>>>>>>> involved in the litigation that was now before that judge. The
    >>>>>>>> Ontario
    >>>>>>>> Court of Appeal determined that the judge was not disqualified if
    >>>>>>>> the
    >>>>>>>> judge had no involvement with the person or the matter when he was
    >>>>>>>> a
    >>>>>>>> lawyer. The Ontario Court of Appeal also explained that the rules
    >>>>>>>> for
    >>>>>>>> determining whether a judge is disqualified are different from the
    >>>>>>>> rules to determine whether a lawyer has a conflict:
    >>>>>>>> 27        Thus, disqualification is not the natural corollary to a
    >>>>>>>> finding that a trial judge has had some involvement in a case over
    >>>>>>>> which he or she is now presiding. Where the judge had no
    >>>>>>>> involvement,
    >>>>>>>> as here, it cannot be said that the judge is disqualified.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> 28        The point can rightly be made that had Mr. Patterson been
    >>>>>>>> asked to represent the appellant as counsel before his appointment
    >>>>>>>> to
    >>>>>>>> the bench, the conflict rules would likely have prevented him from
    >>>>>>>> taking the case because his firm had formerly represented one of
    >>>>>>>> the
    >>>>>>>> defendants in the case. Thus, it is argued how is it that as a
    >>>>>>>> trial
    >>>>>>>> judge Patterson J. can hear the case? This issue was considered by
    >>>>>>>> the
    >>>>>>>> Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v.
    >>>>>>>> Bayfield
    >>>>>>>> Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
    >>>>>>>> there is no inflexible rule governing the disqualification of a
    >>>>>>>> judge
    >>>>>>>> and that, "[e]verything depends on the circumstances."
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> 29        It seems to me that what appears at first sight to be an
    >>>>>>>> inconsistency in application of rules can be explained by the
    >>>>>>>> different contexts and in particular, the strong presumption of
    >>>>>>>> judicial impartiality that applies in the context of
    >>>>>>>> disqualification
    >>>>>>>> of a judge. There is no such presumption in cases of allegations of
    >>>>>>>> conflict of interest against a lawyer because of a firm's previous
    >>>>>>>> involvement in the case. To the contrary, as explained by Sopinka
    >>>>>>>> J.
    >>>>>>>> in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
    >>>>>>>> for sound policy reasons there is a presumption of a disqualifying
    >>>>>>>> interest that can rarely be overcome. In particular, a conclusory
    >>>>>>>> statement from the lawyer that he or she had no confidential
    >>>>>>>> information about the case will never be sufficient. The case is
    >>>>>>>> the
    >>>>>>>> opposite where the allegation of bias is made against a trial
    >>>>>>>> judge.
    >>>>>>>> His or her statement that he or she knew nothing about the case and
    >>>>>>>> had no involvement in it will ordinarily be accepted at face value
    >>>>>>>> unless there is good reason to doubt it: see Locabail, at para. 19.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> 30        That brings me then to consider the particular
    >>>>>>>> circumstances
    >>>>>>>> of this case and whether there are serious grounds to find a
    >>>>>>>> disqualifying conflict of interest in this case. In my view, there
    >>>>>>>> are
    >>>>>>>> two significant factors that justify the trial judge's decision not
    >>>>>>>> to
    >>>>>>>> recuse himself. The first is his statement, which all parties
    >>>>>>>> accept,
    >>>>>>>> that he knew nothing of the case when it was in his former firm and
    >>>>>>>> that he had nothing to do with it. The second is the long passage
    >>>>>>>> of
    >>>>>>>> time. As was said in Wewaykum, at para. 85:
    >>>>>>>>             To us, one significant factor stands out, and must
    >>>>>>>> inform
    >>>>>>>> the perspective of the reasonable person assessing the impact of
    >>>>>>>> this
    >>>>>>>> involvement on Binnie J.'s impartiality in the appeals. That factor
    >>>>>>>> is
    >>>>>>>> the passage of time. Most arguments for disqualification rest on
    >>>>>>>> circumstances that are either contemporaneous to the
    >>>>>>>> decision-making,
    >>>>>>>> or that occurred within a short time prior to the decision-making.
    >>>>>>>> 31        There are other factors that inform the issue. The Wilson
    >>>>>>>> Walker firm no longer acted for any of the parties by the time of
    >>>>>>>> trial. More importantly, at the time of the motion, Patterson J.
    >>>>>>>> had
    >>>>>>>> been a judge for six years and thus had not had a relationship with
    >>>>>>>> his former firm for a considerable period of time.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> 32        In my view, a reasonable person, viewing the matter
    >>>>>>>> realistically would conclude that the trial judge could deal fairly
    >>>>>>>> and impartially with this case. I take this view principally
    >>>>>>>> because
    >>>>>>>> of the long passage of time and the trial judge's lack of
    >>>>>>>> involvement
    >>>>>>>> in or knowledge of the case when the Wilson Walker firm had
    >>>>>>>> carriage.
    >>>>>>>> In these circumstances it cannot be reasonably contended that the
    >>>>>>>> trial judge could not remain impartial in the case. The mere fact
    >>>>>>>> that
    >>>>>>>> his name appears on the letterhead of some correspondence from over
    >>>>>>>> a
    >>>>>>>> decade ago would not lead a reasonable person to believe that he
    >>>>>>>> would
    >>>>>>>> either consciously or unconsciously favour his former firm's former
    >>>>>>>> client. It is simply not realistic to think that a judge would
    >>>>>>>> throw
    >>>>>>>> off his mantle of impartiality, ignore his oath of office and
    >>>>>>>> favour
    >>>>>>>> a
    >>>>>>>> client - about whom he knew nothing - of a firm that he left six
    >>>>>>>> years
    >>>>>>>> earlier and that no longer acts for the client, in a case involving
    >>>>>>>> events from over a decade ago.
    >>>>>>>> (emphasis added)
    >>>>>>>>
    >>>>>>>> [19]           Justice Webb had no involvement with any matter
    >>>>>>>> involving Mr. Amos while he was a member of Patterson Palmer or
    >>>>>>>> Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made
    >>>>>>>> it
    >>>>>>>> clear during the hearing of this matter that the only reason for
    >>>>>>>> the
    >>>>>>>> alleged conflict for Justice Webb was that he was a member of
    >>>>>>>> Patterson Law and Patterson Palmer. This is simply not enough for
    >>>>>>>> Justice Webb to be disqualified. Any involvement of Mr. Amos with
    >>>>>>>> Patterson Law while Justice Webb was a member of that firm would
    >>>>>>>> have
    >>>>>>>> had to occur over 10 years ago and even longer for the time when he
    >>>>>>>> was a member of Patterson Palmer. In addition to the lack of any
    >>>>>>>> involvement on his part with any matter or dispute that Mr. Amos
    >>>>>>>> had
    >>>>>>>> with Patterson Law or Patterson Palmer (which in and of itself is
    >>>>>>>> sufficient to dispose of this matter), the length of time since
    >>>>>>>> Justice Webb was a member of Patterson Law or Patterson Palmer
    >>>>>>>> would
    >>>>>>>> also result in the same finding – that there is no conflict in
    >>>>>>>> Justice
    >>>>>>>> Webb hearing this appeal.
    >>>>>>>>
    >>>>>>>> [20]           Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
    >>>>>>>> (2d) 260, the Manitoba Court of Appeal found that there was no
    >>>>>>>> reasonable apprehension of bias when a judge, who had been a member
    >>>>>>>> of
    >>>>>>>> the law firm that had been retained by the accused, had no
    >>>>>>>> involvement
    >>>>>>>> with the accused while he was a lawyer with that firm.
    >>>>>>>>
    >>>>>>>> [21]           In Del Zotto v. Minister of National Revenue, [2000]
    >>>>>>>> 4
    >>>>>>>> F.C. 321, 257 N.R. 96, this court did find that there would be a
    >>>>>>>> reasonable apprehension of bias where a judge, who while he was a
    >>>>>>>> lawyer, had recorded time on a matter involving the same person who
    >>>>>>>> was before that judge. However, this case can be distinguished as
    >>>>>>>> Justice Webb did not have any time recorded on any files involving
    >>>>>>>> Mr.
    >>>>>>>> Amos while he was a lawyer with Patterson Palmer or Patterson Law.
    >>>>>>>>
    >>>>>>>> [22]           Mr. Amos also included with his submissions a CD. He
    >>>>>>>> stated in his affidavit dated June 26, 2017 that there is a “true
    >>>>>>>> copy
    >>>>>>>> of an American police surveillance wiretap entitled 139” on this
    >>>>>>>> CD.
    >>>>>>>> He has also indicated that he has “provided a true copy of the CD
    >>>>>>>> entitled 139 to many American and Canadian law enforcement
    >>>>>>>> authorities
    >>>>>>>> and not one of the police forces or officers of the court are
    >>>>>>>> willing
    >>>>>>>> to investigate it”. Since he has indicated that this is an
    >>>>>>>> “American
    >>>>>>>> police surveillance wiretap”, this is a matter for the American law
    >>>>>>>> enforcement authorities and cannot create, as Mr. Amos suggests, a
    >>>>>>>> conflict of interest for any judge to whom he provides a copy.
    >>>>>>>>
    >>>>>>>> [23]           As a result, there is no conflict or reasonable
    >>>>>>>> apprehension of bias for Justice Webb and therefore, no reason for
    >>>>>>>> him
    >>>>>>>> to recuse himself.
    >>>>>>>>
    >>>>>>>> [24]           Mr. Amos alleged that Justice Near’s past
    >>>>>>>> professional
    >>>>>>>> experience with the government created a “quasi-conflict” in
    >>>>>>>> deciding
    >>>>>>>> the cross-appeal. Mr. Amos provided no details and Justice Near
    >>>>>>>> confirmed that he had no prior knowledge of the matters alleged in
    >>>>>>>> the
    >>>>>>>> Claim. Justice Near sees no reason to recuse himself.
    >>>>>>>>
    >>>>>>>> [25]           Insofar as it is possible to glean the basis for Mr.
    >>>>>>>> Amos’ allegations against Justice Gleason, it appears that he
    >>>>>>>> alleges
    >>>>>>>> that she is incapable of hearing this appeal because he says he
    >>>>>>>> wrote
    >>>>>>>> a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
    >>>>>>>> both Justice Gleason and Mr. Mulroney were partners in the law firm
    >>>>>>>> Ogilvy Renault, LLP. The letter in question, which is rude and
    >>>>>>>> angry,
    >>>>>>>> begins with “Hey you two Evil Old Smiling Bastards” and “Re: me
    >>>>>>>> suing
    >>>>>>>> you and your little dogs too”. There is no indication that the
    >>>>>>>> letter
    >>>>>>>> was ever responded to or that a law suit was ever commenced by Mr.
    >>>>>>>> Amos against Mr. Mulroney. In the circumstances, there is no reason
    >>>>>>>> for Justice Gleason to recuse herself as the letter in question
    >>>>>>>> does
    >>>>>>>> not give rise to a reasonable apprehension of bias.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> III.               Issue
    >>>>>>>>
    >>>>>>>> [26]           The issue on the cross-appeal is as follows: Did the
    >>>>>>>> Judge err in setting aside the Prothonotary’s Order striking the
    >>>>>>>> Claim
    >>>>>>>> in its entirety without leave to amend and in determining that Mr.
    >>>>>>>> Amos’ allegation that the RCMP barred him from the New Brunswick
    >>>>>>>> legislature in 2004 was capable of supporting a cause of action?
    >>>>>>>>
    >>>>>>>> IV.              Analysis
    >>>>>>>>
    >>>>>>>> A.                 Standard of Review
    >>>>>>>>
    >>>>>>>> [27]           Following the Judge’s decision to set aside the
    >>>>>>>> Prothonotary’s Order, this Court revisited the standard of review
    >>>>>>>> to
    >>>>>>>> be applied to discretionary decisions of prothonotaries and
    >>>>>>>> decisions
    >>>>>>>> made by judges on appeals of prothonotaries’ decisions in Hospira
    >>>>>>>> Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA
    >>>>>>>> 215,
    >>>>>>>> 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
    >>>>>>>> this Court replaced the Aqua-Gem standard of review with that
    >>>>>>>> articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R.
    >>>>>>>> 235
    >>>>>>>> [Housen]. As a result, it is no longer appropriate for the Federal
    >>>>>>>> Court to conduct a de novo review of a discretionary order made by
    >>>>>>>> a
    >>>>>>>> prothonotary in regard to questions vital to the final issue of the
    >>>>>>>> case. Rather, a Federal Court judge can only intervene on appeal if
    >>>>>>>> the prothonotary made an error of law or a palpable and overriding
    >>>>>>>> error in determining a question of fact or question of mixed fact
    >>>>>>>> and
    >>>>>>>> law (Hospira at para. 79). Further, this Court can only interfere
    >>>>>>>> with
    >>>>>>>> a Federal Court judge’s review of a prothonotary’s discretionary
    >>>>>>>> order
    >>>>>>>> if the judge made an error of law or palpable and overriding error
    >>>>>>>> in
    >>>>>>>> determining a question of fact or question of mixed fact and law
    >>>>>>>> (Hospira at paras. 82-83).
    >>>>>>>>
    >>>>>>>> [28]           In the case at bar, the Judge substituted his own
    >>>>>>>> assessment of Mr. Amos’ Claim for that of the Prothonotary. This
    >>>>>>>> Court
    >>>>>>>> must look to the Prothonotary’s Order to determine whether the
    >>>>>>>> Judge
    >>>>>>>> erred in law or made a palpable and overriding error in choosing to
    >>>>>>>> interfere.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> B.                 Did the Judge err in interfering with the
    >>>>>>>> Prothonotary’s Order?
    >>>>>>>>
    >>>>>>>> [29]           The Prothontoary’s Order accepted the following
    >>>>>>>> paragraphs from the Crown’s submissions as the basis for striking
    >>>>>>>> the
    >>>>>>>> Claim in its entirety without leave to amend:
    >>>>>>>>
    >>>>>>>> 17.       Within the 96 paragraph Statement of Claim, the Plaintiff
    >>>>>>>> addresses his complaint in paragraphs 14-24, inclusive. All but
    >>>>>>>> four
    >>>>>>>> of those paragraphs are dedicated to an incident that occurred in
    >>>>>>>> 2006
    >>>>>>>> in and around the legislature in New Brunswick. The jurisdiction of
    >>>>>>>> the Federal Court does not extend to Her Majesty the Queen in right
    >>>>>>>> of
    >>>>>>>> the Provinces. In any event, the Plaintiff hasn’t named the
    >>>>>>>> Province
    >>>>>>>> or provincial actors as parties to this action. The incident
    >>>>>>>> alleged
    >>>>>>>> does not give rise to a justiciable cause of action in this Court.
    >>>>>>>> (…)
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> 21.       The few paragraphs that directly address the Defendant
    >>>>>>>> provide no details as to the individuals involved or the location
    >>>>>>>> of
    >>>>>>>> the alleged incidents or other details sufficient to allow the
    >>>>>>>> Defendant to respond. As a result, it is difficult or impossible to
    >>>>>>>> determine the causes of action the Plaintiff is attempting to
    >>>>>>>> advance.
    >>>>>>>> A generous reading of the Statement of Claim allows the Defendant
    >>>>>>>> to
    >>>>>>>> only speculate as to the true and/or intended cause of action. At
    >>>>>>>> best, the Plaintiff’s action may possibly be summarized as: he
    >>>>>>>> suspects he is barred from the House of Commons.
    >>>>>>>> [footnotes omitted].
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [30]           The Judge determined that he could not strike the
    >>>>>>>> Claim
    >>>>>>>> on the same jurisdictional basis as the Prothonotary. The Judge
    >>>>>>>> noted
    >>>>>>>> that the Federal Court has jurisdiction over claims based on the
    >>>>>>>> liability of Federal Crown servants like the RCMP and that the
    >>>>>>>> actors
    >>>>>>>> who barred Mr. Amos from the New Brunswick legislature in 2004
    >>>>>>>> included the RCMP (Federal Court Judgment at para. 23). In
    >>>>>>>> considering
    >>>>>>>> the viability of these allegations de novo, the Judge identified
    >>>>>>>> paragraph 14 of the Claim as containing “some precision” as it
    >>>>>>>> identifies the date of the event and a RCMP officer acting as
    >>>>>>>> Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
    >>>>>>>> para. 27).
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [31]           The Judge noted that the 2004 event could support a
    >>>>>>>> cause of action in the tort of misfeasance in public office and
    >>>>>>>> identified the elements of the tort as excerpted from Meigs v.
    >>>>>>>> Canada,
    >>>>>>>> 2013 FC 389, 431 F.T.R. 111:
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> [13]      As in both the cases of Odhavji Estate v Woodhouse, 2003
    >>>>>>>> SCC
    >>>>>>>> 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
    >>>>>>>> determine whether the plaintiffs’ statement of claim pleads each
    >>>>>>>> element of the alleged tort of misfeasance in public office:
    >>>>>>>>
    >>>>>>>> a) The public officer must have engaged in deliberate and unlawful
    >>>>>>>> conduct in his or her capacity as public officer;
    >>>>>>>>
    >>>>>>>> b) The public officer must have been aware both that his or her
    >>>>>>>> conduct was unlawful and that it was likely to harm the plaintiff;
    >>>>>>>> and
    >>>>>>>>
    >>>>>>>> c) There must be an element of bad faith or dishonesty by the
    >>>>>>>> public
    >>>>>>>> officer and knowledge of harm alone is insufficient to conclude
    >>>>>>>> that
    >>>>>>>> a
    >>>>>>>> public officer acted in bad faith or dishonestly.
    >>>>>>>> Odhavji, above, at paras 23, 24 and 28
    >>>>>>>> (Federal Court Judgment at para. 28).
    >>>>>>>>
    >>>>>>>> [32]           The Judge determined that Mr. Amos disclosed
    >>>>>>>> sufficient
    >>>>>>>> material facts to meet the elements of the tort of misfeasance in
    >>>>>>>> public office because the actors, who barred him from the New
    >>>>>>>> Brunswick legislature in 2004, including the RCMP, did so for
    >>>>>>>> “political reasons” (Federal Court Judgment at para. 29).
    >>>>>>>>
    >>>>>>>> [33]           This Court’s discussion of the sufficiency of
    >>>>>>>> pleadings
    >>>>>>>> in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
    >>>>>>>> D.L.R (4th) 301 is particularly apt:
    >>>>>>>>
    >>>>>>>> …When pleading bad faith or abuse of power, it is not enough to
    >>>>>>>> assert, baldly, conclusory phrases such as “deliberately or
    >>>>>>>> negligently,” “callous disregard,” or “by fraud and theft did
    >>>>>>>> steal”.
    >>>>>>>> “The bare assertion of a conclusion upon which the court is called
    >>>>>>>> upon to pronounce is not an allegation of material fact”. Making
    >>>>>>>> bald,
    >>>>>>>> conclusory allegations without any evidentiary foundation is an
    >>>>>>>> abuse
    >>>>>>>> of process…
    >>>>>>>>
    >>>>>>>> To this, I would add that the tort of misfeasance in public office
    >>>>>>>> requires a particular state of mind of a public officer in carrying
    >>>>>>>> out the impunged action, i.e., deliberate conduct which the public
    >>>>>>>> officer knows to be inconsistent with the obligations of his or her
    >>>>>>>> office. For this tort, particularization of the allegations is
    >>>>>>>> mandatory. Rule 181 specifically requires particularization of
    >>>>>>>> allegations of “breach of trust,” “wilful default,” “state of mind
    >>>>>>>> of
    >>>>>>>> a person,” “malice” or “fraudulent intention.”
    >>>>>>>> (at paras. 34-35, citations omitted).
    >>>>>>>>
    >>>>>>>> [34]           Applying the Housen standard of review to the
    >>>>>>>> Prothonotary’s Order, we are of the view that the Judge interfered
    >>>>>>>> absent a legal or palpable and overriding error.
    >>>>>>>>
    >>>>>>>> [35]           The Prothonotary determined that Mr. Amos’ Claim
    >>>>>>>> disclosed no reasonable claim and was fundamentally vexatious on
    >>>>>>>> the
    >>>>>>>> basis of jurisdictional concerns and the absence of material facts
    >>>>>>>> to
    >>>>>>>> ground a cause of action. Paragraph 14 of the Claim, which
    >>>>>>>> addresses
    >>>>>>>> the 2004 event, pleads no material facts as to how the RCMP officer
    >>>>>>>> engaged in deliberate and unlawful conduct, knew that his or her
    >>>>>>>> conduct was unlawful and likely to harm Mr. Amos, and acted in bad
    >>>>>>>> faith. While the Claim alleges elsewhere that Mr. Amos was barred
    >>>>>>>> from
    >>>>>>>> the New Brunswick legislature for political and/or malicious
    >>>>>>>> reasons,
    >>>>>>>> these allegations are not particularized and are directed against
    >>>>>>>> non-federal actors, such as the Sergeant-at-Arms of the Legislative
    >>>>>>>> Assembly of New Brunswick and the Fredericton Police Force. As
    >>>>>>>> such,
    >>>>>>>> the Judge erred in determining that Mr. Amos’ allegation that the
    >>>>>>>> RCMP
    >>>>>>>> barred him from the New Brunswick legislature in 2004 was capable
    >>>>>>>> of
    >>>>>>>> supporting a cause of action.
    >>>>>>>>
    >>>>>>>> [36]           In our view, the Claim is made up entirely of bare
    >>>>>>>> allegations, devoid of any detail, such that it discloses no
    >>>>>>>> reasonable cause of action within the jurisdiction of the Federal
    >>>>>>>> Courts. Therefore, the Judge erred in interfering to set aside the
    >>>>>>>> Prothonotary’s Order striking the claim in its entirety. Further,
    >>>>>>>> we
    >>>>>>>> find that the Prothonotary made no error in denying leave to amend.
    >>>>>>>> The deficiencies in Mr. Amos’ pleadings are so extensive such that
    >>>>>>>> amendment could not cure them (see Collins at para. 26).
    >>>>>>>>
    >>>>>>>> V.                 Conclusion
    >>>>>>>> [37]           For the foregoing reasons, we would allow the
    >>>>>>>> Crown’s
    >>>>>>>> cross-appeal, with costs, setting aside the Federal Court Judgment,
    >>>>>>>> dated January 25, 2016 and restoring the Prothonotary’s Order,
    >>>>>>>> dated
    >>>>>>>> November 12, 2015, which struck Mr. Amos’ Claim in its entirety
    >>>>>>>> without leave to amend.
    >>>>>>>> "Wyman W. Webb"
    >>>>>>>> J.A.
    >>>>>>>> "David G. Near"
    >>>>>>>> J.A.
    >>>>>>>> "Mary J.L. Gleason"
    >>>>>>>> J.A.
    >>>>>>>>
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> FEDERAL COURT OF APPEAL
    >>>>>>>> NAMES OF COUNSEL AND SOLICITORS OF RECORD
    >>>>>>>>
    >>>>>>>> A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT
    >>>>>>>> DATED
    >>>>>>>> JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
    >>>>>>>> DOCKET:
    >>>>>>>>
    >>>>>>>> A-48-16
    >>>>>>>>
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> STYLE OF CAUSE:
    >>>>>>>>
    >>>>>>>> DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
    >>>>>>>>
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> PLACE OF HEARING:
    >>>>>>>>
    >>>>>>>> Fredericton,
    >>>>>>>> New Brunswick
    >>>>>>>>
    >>>>>>>> DATE OF HEARING:
    >>>>>>>>
    >>>>>>>> May 24, 2017
    >>>>>>>>
    >>>>>>>> REASONS FOR JUDGMENT OF THE COURT BY:
    >>>>>>>>
    >>>>>>>> WEBB J.A.
    >>>>>>>> NEAR J.A.
    >>>>>>>> GLEASON J.A.
    >>>>>>>>
    >>>>>>>> DATED:
    >>>>>>>>
    >>>>>>>> October 30, 2017
    >>>>>>>>
    >>>>>>>> APPEARANCES:
    >>>>>>>> David Raymond Amos
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> For The Appellant / respondent on cross-appeal
    >>>>>>>> (on his own behalf)
    >>>>>>>>
    >>>>>>>> Jan Jensen
    >>>>>>>>
    >>>>>>>>
    >>>>>>>> For The Respondent / appELLANT ON CROSS-APPEAL
    >>>>>>>>
    >>>>>>>> SOLICITORS OF RECORD:
    >>>>>>>> Nathalie G. Drouin
    >>>>>>>> Deputy Attorney General of Canada
    >>>>>>>>
    >>>>>>>> For The Respondent / APPELLANT ON CROSS-APPEAL
    >>>>>>>>
    >>>>>>>>
    >>>>>>
    >>>>>
    >>>>> ---------- Original message ----------
    >>>>> Date: Thu, 24 May 2007 19:01:11 -0700 (PDT)
    >>>>> From: "David Amos" motomaniac_02186@yahoo.com
    >>>>> Subject: Now everybody and his dog knows TJ Burke and his cop buddies
    >>>>> allegations against me are false and you had the proof all along EH
    >>>>> Chucky?
    >>>>> To: oldmaison@yahoo.com, nbombud@gnb.ca, dan.bussieres@gnb.ca,
    >>>>> jacques_poitras@cbc.ca, news@dailygleaner.com,
    >>>>> kcarmichael@bloomberg.net, advocacycollective@yahoo.com,
    >>>>> Easter.W@parl.gc.ca, Comartin.J@parl.gc.ca, cityadmin@fredericton.ca,
    >>>>> info@gg.ca, bmosher@mosherchedore.ca, rchedore@mosherchedore.ca,
    >>>>> police@fredericton.ca, chebert@thestar.ca, Stoffer.P@parl.gc.ca,
    >>>>> Stronach.B@parl.gc.ca, Matthews.B@parl.gc.ca, alltrue@nl.rogers.com,
    >>>>> Harper.S@parl.gc.ca, Layton.J@parl.gc.ca, Dryden.K@parl.gc.ca,
    >>>>> Duceppe.G@parl.gc.ca
    >>>>> CC: dgleg@nb.aibn.com, brad.woodside@fredericton.ca,
    >>>>> whalen@fredericton.ca, david.kelly@fredericton.ca,
    >>>>> cathy.maclaggan@fredericton.ca
    , stephen.kelly@fredericton.ca,
    >>>>> tom.jellinek@fredericton.ca, scott.mcconaghy@fredericton.ca
    ,
    >>>>> marilyn.kerton@fredericton.ca, walter.brown@fredericton.ca,
    >>>>> norah.davidson@fredericton.ca, mike.obrien@fredericton.ca,
    >>>>> bruce.grandy@fredericton.ca, dan.keenan@fredericton.ca,
    >>>>> jeff.mockler@gnb.ca, mrichard@lawsociety-barreau.nb.ca,
    >>>>> cynthia.merlini@dfait-maeci.gc.ca, jlmockler@mpor.ca,
    >>>>> scotta@parl.gc.ca, michael.bray@gnb.ca, jack.e.mackay@gnb.ca
    >>>>> http://www.cbc.ca/canada/new-brunswick/story/2007/05/24/nb-burkethreat.html
    >>>>>
    >>>>> http://www.canadaeast.com/ce2/docroot/article.php?articleID=149018
    >>>>>
    >>>>> http://oldmaison.blogspot.com/2007/05/tj-burke-walking-around-with-rcmp.html
    >>>>>
    >>>>> http://oldmaison.blogspot.com/2006/06/fapo-has-meeting-about-panhanding.html
    >>>>>
    >>>>> http://oldmaison.blogspot.com/2007/05/hats-off-to-cbc-reporter-jacques.html
    >>>>>
    >>>>> http://maritimes.indymedia.org/mail.php?id=9856
    >>>>>
    >>>>> Methinks your liberal pals just made a major faux pas N'est Pas?
    >>>>> Scroll down Frenchie and go down?.
    >>>>>
    >>>>>
    >>>>> Threat against Burke taken seriously
    >>>>>
    >>>>> By STEPHEN LLEWELLYN
    >>>>> dgleg@nb.aibn.com
    >>>>> Published Thursday May 24th, 2007
    >>>>> Appeared on page A1
    >>>>> An RCMP security detail has been guarding Justice Minister and
    >>>>> Attorney General T.J. Burke because of threats made against him
    >>>>> recently.
    >>>>>
    >>>>> Burke, the Liberal MLA for Fredericton-Fort Nashwaaksis, wouldn't
    >>>>> explain the nature of the threats.
    >>>>>
    >>>>> "I have had a particular individual or individuals who have made
    >>>>> specific overtures about causing harm towards me," he told reporters
    >>>>> Wednesday.
    >>>>>
    >>>>> "The RCMP has provided security to me recently by accompanying me to a
    >>>>> couple of public functions where the individual is known to reside or
    >>>>> have family members in the area," said Burke. "It is nice to have some
    >>>>> added protection and that added comfort."
    >>>>>
    >>>>> The RCMP provides protection to the premier and MLAs with its VIP
    >>>>> security
    >>>>> unit.
    >>>>>
    >>>>> Burke didn't say when the threat was made but it's believed to have
    >>>>> been in recent weeks.
    >>>>>
    >>>>> "When a threat is posed to you and it is a credible threat, you have
    >>>>> to be cautious about where you go and who you are around," he said.
    >>>>> "But again, I am more concerned about my family as opposed to my own
    >>>>> personal safety."
    >>>>>
    >>>>> Burke said he doesn't feel any differently and he has not changed his
    >>>>> pattern of activity.
    >>>>>
    >>>>> "It doesn't bother me one bit," he said. "It makes my wife feel awful
    >>>>> nervous."
    >>>>>
    >>>>> Burke served in an elite American military unit before becoming a
    >>>>> lawyer and going into politics in New Brunswick.
    >>>>>
    >>>>> "(I) have taken my own precautions and what I have to do to ensure my
    >>>>> family's safety," he said. "I am a very cautious person in general due
    >>>>> to my background and training.
    >>>>>
    >>>>> "I am comfortable with defending myself or my family if it ever had to
    >>>>> happen."
    >>>>>
    >>>>> Burke said it is not uncommon for politicians to have security
    >>>>> concerns.
    >>>>>
    >>>>> "We do live unfortunately in an age and in a society now where threats
    >>>>> have to be taken pretty seriously," he said.
    >>>>>
    >>>>> Since the terrorism attacks in the United States on Sept. 11, 2001,
    >>>>> security in New Brunswick has been
    >>>>> beefed up.
    >>>>>
    >>>>> Metal detectors were recently installed in the legislature and all
    >>>>> visitors are screened.
    >>>>>
    >>>>> The position of attorney general is often referred to as the
    >>>>> province's "top cop."
    >>>>>
    >>>>> Burke said sometimes people do not differentiate between his role as
    >>>>> the manager of the justice system and the individual who actually
    >>>>> prosecutes them.
    >>>>>
    >>>>> "With the job sometimes comes threats," he said. "I have had numerous
    >>>>> threats since Day 1 in office."
    >>>>>
    >>>>> Burke said he hopes his First Nations heritage has nothing to do with
    >>>>> it.
    >>>>>
    >>>>> "I think it is more of an issue where people get fixated on a matter
    >>>>> and they believe you are personally responsible for assigning them
    >>>>> their punishment or their sanction," he said.
    >>>>>
    >>>>> Is the threat from someone who was recently incarcerated?
    >>>>>
    >>>>> "I probably shouldn't answer that," he replied.
    >>>>>
    >>>>> Reporters asked when the threat would be over.
    >>>>>
    >>>>> "I don't think a threat ever passes once it has been made," said
    >>>>> Burke. "You have to consider the credibility of the source."
    >>>>>
    >>>>> Bruce Fitch, former justice minister in the Conservative government,
    >>>>> said "every now and again there would be e-mails that were not
    >>>>> complimentary."
    >>>>>
    >>>>> "I did have a meeting with the RCMP who are in charge of the security
    >>>>> of the MLAs and ministers," said Fitch.
    >>>>>
    >>>>> "They look at each and every situation."
    >>>>>
    >>>>> Fitch said he never had bodyguards assigned to him although former
    >>>>> premier Bernard Lord and former health minister Elvy Robichaud did
    >>>>> have extra security staff assigned on occasion.
    >>>>>
    >>>>> He said if any MLA felt threatened, he or she would discuss it with
    >>>>> the
    >>>>> RCMP.
    >>>>>
    >>>>>
    >>>>> http://www.archive.org/details/SecTreasuryDeptEtc
    >>>>>
    >>>>> Small World EH Chucky Leblanc?
    >>>>>
    >>>>> "Lafleur, Lou" lou.lafleur@fredericton.ca wrote:
    >>>>>
    >>>>> From: "Lafleur, Lou" lou.lafleur@fredericton.ca
    >>>>> To: "'motomaniac_02186@yahoo.com'" motomaniac_02186@yahoo.com,
    >>>>> "Lafleur, Lou" lou.lafleur@fredericton.ca
    >>>>> Subject: Fredericton Police Force
    >>>>> Date: Mon, 11 Jun 2007 15:21:13 -0300
    >>>>>
    >>>>> Dear Mr. Amos
    >>>>>
    >>>>> My Name is Lou LaFleur and I am a Detective with the Fredericton
    >>>>> Police Major Crime Unit. I would like to talk to you regarding files
    >>>>> that I am investigating and that you are alleged to have involvement
    >>>>> in.
    >>>>>
    >>>>> Please call me at your earliest convenience and leave a message and a
    >>>>> phone number on my secure and confidential line if I am not in my
    >>>>> office.
    >>>>>
    >>>>> yours truly,
    >>>>> Cpl. Lou LaFleur
    >>>>> Fredericton Police Force
    >>>>> 311 Queen St.
    >>>>> Fredericton, NB
    >>>>> 506-460-2332
    >>>>> ______________________________
    __
    >>>>> This electronic mail, including any attachments, is confidential and
    >>>>> is for the sole use of the intended recipient and may be privileged.
    >>>>> Any unauthorized distribution, copying, disclosure or review is
    >>>>> prohibited. Neither communication over the Internet nor disclosure to
    >>>>> anyone other than the intended recipient constitutes waiver of
    >>>>> privilege. If you are not the intended recipient, please immediately
    >>>>> notify the sender and then delete this communication and any
    >>>>> attachments from your computer system and records without saving or
    >>>>> forwarding it. Thank you.
    >>>>>
    >>>>
    >>>
    >>
    >

    Rebecca J Rutter

    52 Lane Road,

    Derry, NH 03038

     Phone 603 434-0068

     

    Ellen Mariani

    Rebecca Rutter, Robert Morgan (and opposing counsel) Thomas Pappas and Charles Capace

    The court records also revealed that Phillip Berg claimed not to have made any legal errors in the case according to Mariani--absent a court-adjudicated legal opinion from Judge O'Neill--since Mariani said:
    "No one on either side of this case presented me with legal documentation as to the nature of these so-called grave errors and fatal flaws which Phillip Berg committed. Mr. Berg even told me last night (last Wednesday) that 'these legal claims and accusations are not valid. I did nothing wrong.' "

    Mariani said in the petition that "Rebecca Rutter and Robert Morgan told me that I was going to lose the MOTION TO REMOVE ELLEN M. MARIANI AS ADMINISTRATRIX anyway."

    The petitiion also said "They told me to just accept it and not fight it because my Pennsylvania attorney had made several mistakes, one of which was filing on my behalf a RICO lawsuit against President Bush and other high government officials....apparently, for some reason, Rebecca Rutter, Robert Morgan (and opposing counsel) Thomas Pappas and Charles Capace did not want me in court this morning to testify in front of you, Your Honor."

    Mariani also told Judge O'Neill "Lauren Peters went to Boston and met with Daniel Bakinowski, an attorney with the Greenberg Traurig law firm. The Greenberg firm represented President Bush in the 2000 election vote recount and currently represents the President's brother, Florida Governor Jeb Bush. I believe this to be a conflict of interest."

    Foretelling what eventually happened, Mariani's court petition said "Mr. Bakinowski told Rebecca Rutter, 'Don't worry. We're going to take her into court and remove her.' And that's what they had planned and it happened to me today. I wanted Rebecca to report this telephone conversation to your court, and she refused. But she also said 'If you publicize anything about Dan Bakinowski's telephone call, I will quit.' "

    Mariani told us she is guardedly optimistic that Judge O'Neill will consider all the facts surrounding her case and declare the resignation agreement null and void, and that she will retain her position as administratrix of her late husband's estate."


    John Lynch                                                                              Jack McMullen - Managing Principal

    C/o Martin Honigberg and John Malmberg,                Cambridge Meridian Group, Inc.       

    97 Eddy Road                                                             50 Church Street 5th Floor
    Manchester, NH 03105                                              Cambridge, MA 02138


    Paul Hodes                                                                   Justin Nadeau

    26 Pleasant St.                                                            340 Granite Street

    Concord, NH 03301                                                      Manchester, NH 03103

     

    Rebecca J. Rutter                                                         Ellen M. Mariani

    52 Lane Road,                                                               PO Box 306

    Derry, NH 03038                                                         East Derry, NH 03038                  

                                                             RE: Corruption                

    Hey,

        With the sole exception of the lady, Ellen M. Mariani  all of you know exactly who I am and why I have contacted you all in the past. The last person I called was Ms. Rutter today to stress test my thinking about her severe lack of integrity. I was not surprised when she did not call me back. I have now remained true to my word and brought this hard copy of the materials that so many of your friends have received in the past.

          This envelope contains exactly the same material served upon my political opponents as I ran for Parliament in Canada plus some other interesting stuff pertinent to the interests of politicians in New Hampshire, Massachusetts and Vermont Politicians who should have been worthy of the Public Trust. In my opinion they are all losers just like all the above named lawyers and all the ones named within these documents. The copy of CD which contains a copy of wiretap tape numbered 139 is served upon all of you except Mrs. Mariani, as officers of the court in order that it may be properly investigated before my Trial as a Criminal Defendant begins on November 19th, 2004. I will be naming each of you as witnesses to testify in my defense, hostile or otherwise. I love to argue. Ask the Yankees Assistant Attorney General Rob Quinan or J. Owen Todd about that fact.  If you have any questions may I suggest that you contact the office of Suffolk County District Attorney in Boston. It is he I must argue first.  From now to the 19th, I am playing dumb as you folks have in the past and exercising my rights under the Fifth Amendment. The only two people I will discuss my matters with now are Granny D and Ellen Mariani. They are the only to people that I can think of that could have no possible malicious motives behind their very ethical actions in their pursuit of Truth, Justice and the American Way. You Go Girls and let me know if an ugly guy can be of assistance.

                                                                                        Cya’ll in Court

    Dated November 2nd, 2004                                                      David R. Amos

                                                                                                    PO Box 2

                                                                                                    South Acworth, NH 03607



     

     

    ----- Original Message -----

    From: Larry Wood

    To: Undisclosed-Recipient:;

    Sent: Sunday, November 30, 2003 2:32 AM

    Subject: Fw: Federal Lawsuit: Ellen Mariani (911 Widow) vs. Bush

     

    UNITED STATES DISTRICT COURT

     

    EASTERN DISTRICT OF PENNSYLVANIA

     

     

    (Printable Acrobat .PDF file of this Complaint available Here)

     

    . . )

     

    )

     

     

    )

     

    ELLEN MARIANI, Individually, as            )

     

    Personal Representative of the Estate         )

     

    of LOUIS NEIL MARIANI, deceased,       )

     

    and others similarly situated[1],                       )

     

                                                                            )

     

                                         Plaintiff,                     )          

     

                                                                            )

     

                vs.                                                       )           Case No. 03-5273

     

                                                                            )          

     

    GEORGE W. BUSH[2], President of              )           Judge Eduardo C. Robreno

     

    the United States, Officially and                   )          

     

    Individually,                                                    )           JURY TRIAL DEMANDED

     

                                                                            )

     

    and                                                      )

     

                                                                )

     

    RICHARD CHENEY, Vice President of     )

     

    The United States, Officially and                  )

     

    Individually,                                                    )

     

                                                                            )

     

    and                                                      )

     

                                                                )

     

    JOHN ASHCROFT, Attorney General of   )

     

    the United States (DOJ), Officially and        )

     

    Individually,                                                    )

     

                                                                            )

     

    and                                                      )

     

                                                                ) 

     

    DONALD H. RUMSFELD, Secretary of    )

     

    Defense (DOD), Officially and                     )

     

    Individually,                                                    )

     

                                                                            )          

     

    and                                                      )

     

                                                                )

     

    GEORGE J. TENET, Director, Central       )

     

    Intelligence Agency (CIA), Officially and    )                                              

     

    Individually,                                                    )

     

                                                                            )

     

    and                                                      )

     

                                                                            )

     

    NORMAN Y. MINETA, Secretary,            )

     

    Department of Transportation (DOT),         )

     

    Officially and Individually,                            )

     

                                                                )

     

    and                                                      )

     

                                                                            )

     

    PETER G. PETERSON, Chairman of the    )

     

    Board, COUNCIL ON FOREIGN               )

     

    RELATIONS (CFR)[3], Officially and            )

     

    Individually,                                                    )

     

                                                                            )

     

    and                                                      )

     

                                                    )

     

    CONDOLEEZZA RICE, National                )

     

    Security Advisor, to Defendant Bush,          )

     

    Officially and  Individually,                           )

     

                                                                            )

     

                and                                                      )

     

                                                                            )

     

    GEORGE H. BUSH[4], Former,                      )

     

    Director, Central Intelligence Agency,         )

     

    (CIA), Vice-President and President of        )

     

    the United States of America, Officially,      )

     

    and Individually,                                             )

     

                            )

     

                and                                                      )

     

                                                                            )

     

    KENNETH R. FEINBERG, Special Master,           )

    "September 11 Victim Compensation          )

    Fund of 2001" Officially and Individually,    )

     

                and                                                      )

     

                                                                            )

     

    Other unnamed past, present, officials,        )

     

    representatives, agents, and private            )

     

    consultants of  THE UNITED STATES       )

     

    OF AMERICA,                                              )

     

                                                                            )                                  

     

                              Defendants.[5]             )

     

     

     

                

     

    PLAINTIFF'S AMENDED COMPLAINT[6]

                           

     

    NOW COMES the Plaintiff, Ellen Mariani, on information, belief and established facts, by and through her counsel of record, Philip J. Berg, Esquire, and for her causes of action against all named and unnamed Defendants states the following:

     

    STATEMENT OF THE CASE

    1.         Plaintiff commenced this civil action on September 12, 2003, by filing of Complaint with this Honorable Court.  Since Plaintiff's initial filing and the 'firestorm" surrounding Defendant GWB's refusal to comply with the "911 Commission[7]," this Amended Complaint provides newly discovered substantial additional facts, evidence and voluntary support from former federal employees and other concerned American Citizens who all seek justice and the truth as to how and why the events of September 11, 2001, (hereinafter "911"), occurred.  Plaintiff hereby asserts Defendants, officially and individually are exclusively liable to answer the Counts in this Complaint under the United States Constitution and provisions of the 18 U.S.C. § 1964(a) and (c), Racketeer Influenced and Corrupt Organizations Act  (hereinafter "RICO Act") for "failing to act and prevent" the murder of Plaintiff's husband, Louis Neil Mariani, for financial and political reasons and have "obstructed justice" in the aftermath of said criminal acts and omissions.[8]

     

    2.         On "911," Plaintiff's husband, Louis Neil Mariani, an American Citizen and paying passenger on United Airlines Flight 175, was murdered by unidentified perpetrators, (hereinafter "terrorists") according to Defendant GWB.

     

                    3.         At the time of the "911" attacks Defendant GWB was and continues to be President of the United States of America and Commander-in-Chief of the United States Armed Forces.  Defendant GWB "owed a duty" not only to Plaintiff, but the American People to protect and defend against the preventable attacks based upon substantial intelligence known to Defendant GWB prior to "911" which resulted in the death of Plaintiff's husband and thousands of other innocent victims on "911."

     

    4. Defendant GWB has purported to the American People, this Court and the Plaintiff that the infamous attacks of "911" were directly masterminded by Osama bin Laden and his Al Qaeda Network terrorists (hereinafter "OBL"), almost immediately after the attacks.  Yet, Defendant GWB has not been forthright and honest with regard to his administration's pre-knowledge of the potential of the "911" attacks and Plaintiff seeks to compel Defendant GWB to justify why her husband Louis Neil Mariani died on "911.'  Plaintiff believes Defendant GWB is invoking a long standard operating procedure of invoking national security and executive privilege claims to suppress the basis of this lawsuit that Defendant GWB, et al., failed to act and prevent the "911" attacks.  This Court must see through this and Plaintiff argues from the onset, the reasons why "911" occurred are no longer a national security risk, but a national security disgrace and tragedy. Plaintiff asserts, contrary to Defendant GWB's assertion that OBL is responsible for "911," the compelling evidence that will be presented in this case through discovery, subpoena power by this Court and testimony at trial will lead to one undisputed fact, Defendant GWB failed to act and prevent "911" knowing the attacks would lead to our nation having to engage in an "International War on Terror (IWOT)" which would benefit Defendants both financially and for political reasons.  Plaintiff asserts, her husband was murdered on "911" and Defendant GWB and many of his cabinet members are now profiting from the IWOT.  Plaintiff will prove, the "Bush family" has had long ties to power in the federal government and with the OBL family which raises serious public trust questions yet to be answered, to include, but not limited to, the fact that Defendant Cheney is profiting immensely from his former company's exclusive contracts to rebuild Iraq.[9]  

     

    5.      Plaintiff reasonably believes Defendants knew or should have known the attacks on "911" would be carried out and intentionally and deliberately failed to act and prevent these deadly attacks leading to the untimely death of her husband.  Plaintiff believes, Defendant GWB et al, allowed the attacks to take place to compel public anger and outcry to engage our nation and our military men and women in a preventable "IWOT" for personal gains and agendas.  The statement of "911 Commissioner" and former United States Senator Max Cleland reinforces Plaintiff's claims that her President and Commander-in-Chief Defendant GWB has not been honest and forthright to her or the American public with regard to "911":  

     

    "As each day goes by, we learn this government knew a whole lot more about these terrorists before Sept. 11 than it has ever admitted."[10] 

     

     

     

                6.         Plaintiff believes the facts, circumstances and substantial evidence once presented to a jury will ultimately establish Defendants allowed the "911" attacks to occur to create an "IWOT" for malicious personal agendas, to include, but not limited to war profiteering.  A pattern of this financial war profiting and the "Bush Family" goes back to their dealings with Nazi Germany during World War II.  Plaintiff understands this assertion will be a shock to her fellow Americans who are not aware of this fact, however, her sentiment is expressed in the following Paul Donovan: "Why Isn't the Truth Out There?" Observer (U.K.), October 5, 2003, article which states in part:

     

    "This is the staggering story of the events of 9/11.  No reasons have been given for the Bush administration's conduct on that day; no one has been brought to account.  Yet from the tragedy that was 9/11, Bush has been able to deliver for his backers in the arms and oil industries…" (Emphasis added).

     

     

     

    7.         Plaintiff intends to prove to a "reasonable jury" the Defendants in this matter have engaged in a long history of foreign policy decisions and have possessed absolute control of power of her government and have not been honest and forthright with the American public as to "911" and have "obstructed justice" setting a second basis for a "RICO Act" claim as evident by its secrecy and refusal to comply with the "911 Commission" in the aftermath of "911."  For example, the following phillynews.com, September 11, 2003, William Bunch article; "Why Don't We Have Answers to these 9/11 Questions" goes to the heart of Plaintiff's claims and states:

     

    "NO EVENT IN recent history has been written about, talked about, or watched and rewatched as much as the terrorist attacks of Sept. 11, 2001 - two years ago today.  Not only was it the deadliest terrorist strike inside America, but the hijackings and attacks on New York City's World Trade Center and the Pentagon in Washington were also a seminal event for an information-soaked media age of Internet access and 24- hour news. So, why after 730 days do we know so little about what really happened that day?  No one knows where the alleged mastermind of the attack is, and none of his accomplices has been convicted of any crime.  We're not even sure if the 19 people identified by the U.S. government as the suicide hijackers are really the right guys."[11]

     

     

     

                8.         Defendants have influenced American national security policy either as public officials or private citizens to the detriment of innocent American lives to include the wrongful death of Plaintiff's husband that provides her standing to seek answers on behalf of others similarly situated who, without question, "fear" even questioning the Defendants' conduct or misconduct prior to, on and after "911."  Plaintiff will prove Defendants have engaged in a "pattern of abuse of public powers" dating back to the late 1970's to support her civil RICO Act and Bivens constitutional tort action in this matter.  The facts will show, Defendants' have engaged in both personal business and national security "deals" with alleged terrorists, "OBL" and Saddam Hussein, providing the foundational claim of Plaintiff that her husband was murdered due to Defendants' "failure to act and prevent" the attacks on the United States of America on "911" for one overall chilling reason, to profit either personally or politically from the so-called "IWOT."[12]  Plaintiff asserts, in the late 1970's and throughout the 1980's, Defendants were allies with OBL and Saddam Hussein during the former Soviet Union's invasion of Afghanistan and Iran-Iraq war respectively, wherein, personal and political deals were made and it is believed upon discovery, these dealings hold the truth about "911."

     

    9.         Plaintiff will establish herein claims based upon the United States Constitution, statutory and case law, to compel judicial redress of her husband's wrongful death and to set a precedent to prevent future abuses of power in the United States Government as will be clearly established by the wanton acts and omissions of Defendants' in this case.  Plaintiff's husband was murdered on "911" and Defendants have yet to be honest and forthright as to the truth as to how and why "911" occurred.  For these reasons, Plaintiff brings this cause of action with the genuine belief Defendants have broken the law and continue to show great contempt towards herself, the American Public and the laws of the United States of America.  Plaintiff's Complaint is historical in nature as our Constitutional way of government has been attacked and the following quote of Justice Louis Brandeis is very relevant to this cause of action:

     

    "Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously.  Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to come a law unto himself. It invites anarchy." (United States v. Olmstead, 277 U.S. 438 (1928)).

     

     

     

    10.       As widely reported and confirmed by many American independent researchers of the facts and circumstances of "911," Defendant GWB knew the attacks of "911" were probable and failed to act.  Specifically, Special Agent Robert Wright wrote a memo on June 9, 2001, warning his superiors, Defendant DOJ/FBI of the potential of terrorists hijacking aircraft to attack the United States and two (2) months later, Defendant GWB's National Security Advisor, Defendant Condoleezza Rice, acknowledged that on August 6, 2001, (one month prior to the "911" attacks), she provided a written brief to Defendant GWB at his Texas ranch which warned "OBL" might try to hijack U.S. aircraft.  Plaintiff, as all Americans have a "right to know" why these reports provided Defendant GWB were not acted upon to prevent the most deadly attacks against our nation since Pearl Harbor which led us into War World II as "911" is now leading us into the never ending "IWOT."  From the mountain of evidence and the ongoing "secrecy" of Defendant GWB and his unwillingness to cooperate with the "911 Commission," Plaintiff brings this RICO Act civil action to obtain justice for herself and husband Louis Neil Mariani and to expose the "truth" to the American public as to the great betrayal Defendants have inflicted upon each and every freedom-loving American arising from the crimes prior to, during and after "911."[13]

     

    11.       Plaintiff asserts, Defendants acting in their official and individual capacities were grossly and criminally negligent in failing to act and prevent the attacks on "911" resulting in the wrongful death of her husband and attacks against her country.      Plaintiff incorporates for the public record at Exhibit "A", an "Open Letter" directed at Defendant GWB that provides her personal reasons for proceeding with this cause of action.  Plaintiff's Amended Complaint and "open letter" will of course be supported by substantial facts and evidence to prove Defendant GWB and all subordinate Defendants named herein have not been "truthful" with the American People and must be held accountable to Plaintiff and the families of the thousands of other innocent people who lost their lives on "911." [14]

     

    12.       In sum, Plaintiff having "standing" to bring forth this cause of action and its claims herein, will set forth bona fide challenges to the "official version" of the events of "911" version as purported by Defendant GWB.  Plaintiff will establish inconsistencies establishing a prima facie case for this matter to proceed to a jury trial in the search for truth and justice to redress the untimely death of her husband and thousands of other innocent people. 

     

     13.      Plaintiff asserts, in a free society such as America, no one, including the President of the United States of America is above the law.  This Honorable Court must afford Plaintiff her fundamental United States Constitutional First Amendment Right to petition this Court for redress of Defendant USA, et al., "failure to act and prevent" the "911" attacks which led to the murder of her husband Louis Neil Mariani and thousands of other innocent people to include daily, our brave men and women of the United States Armed Forces who Plaintiff believes are dying in Iraq because of Defendant GWB's lies.

     

     14.      For the above stated reasons and the Counts provided hereinafter, Plaintiff's Complaint is exclusively based upon the United States Constitution and the Racketeer Influenced and Corrupt Organizations Act (RICO Act)(citations omitted), however, other basis for jurisdiction and venue are based upon special factors due to the "unique" nature of this matter.  For the good of Plaintiff and her nation this case merits judicial review, relief and vindication to ensure another "911" never occurs again due to the wrongful acts and omissions of federal employees as will be proven in this matter at trial.[15] 

     

                    15.       In sum, Plaintiff will call to trial former federal employees with firsthand knowledge and expertise with military intelligence and other duties to support the underlying RICO Act foundational basis to prove Defendants have engaged in a "pattern of criminal activity and obstruction of justice" in violation of the public trust and laws of the United States for personal and financial gains.  Plaintiff will prove, Defendants have engaged our nation in an endless war on terror to achieve their personal goals and agendas.  

     

    JURISDICTION AND VENUE

    16.       The following jurisdictional and venue claims merit this Complaint to be afforded judicial review on behalf of Plaintiff and other similarly situated Americans who lost loved ones in the aftermath of the terrorists' attacks on "911."

     

    17.       Jurisdiction is based upon:

     

    a.       28 U.S.C. 1331, in that it is a civil action arising under the laws of the United States, and the First, Fifth, Seventh, Ninth, Tenth, Amendments to the Constitution of the United States, (federal question);

     

     

     

    b.      28 U.S.C. § 1346, United States as a Defendant;

     

     

     

    c.       28 U.S.C. § 1361, An action to compel an officer of the United States to perform his duty;

     

     

     

    d.      28 U.S.C. § 1366, Construction of reference to laws of the United States or Acts of Congress;

     

     

     

    e.       28 U.S.C. § 1357, Injuries under Federal law;

     

     

     

    f.        28 U.S.C. § 1365, Senate actions;

     

     

     

    g.       28 U.S.C. § 1349, Corporation organized under federal law as party;

     

     

     

    h.       32 U.S.C. § 102(3), Federally recognized agencies as all Defendants, named and unnamed are all employees, former employees, agents or consultants of the United States Federal Government;

     

     

     

    i.        28 U.S.C. § 1343 (a)(2)(3), Civil rights and elective franchise and 42 U.S.C. §§ 1983, 1985 and 1986, Public Health and Welfare Act in conspiracy and or failure to act and prevent criminal violations of civil rights;

     

     

     

    j.    28 U.S.C. § 1332(a)(1), in that there is complete diversity of citizenship and the amount in controversy exceeds the sum of $75,000.00, exclusive of interest and costs;

     

     

     

    k.      18 U.S.C. §§ 1961(1) and 1964(a)(c), Racketeer Influenced and Corrupt Organizations Act (RICO Act) civil remedies and Bivens v. Six Unknown Narcotics Agents, 403 U.S. 388 (1971), compensation for victims of "constitutional torts" by federal actors; and

     

     

     

    l.    28 U.S.C. § 2201, declaratory and injunctive relief as deemed necessary.

     

     

     

    18.       Venue in the Eastern District of Pennsylvania is proper due to the special factors involved in this "unprecedented" federal lawsuit and the fact the United States Constitution, the "supreme law of the land' originated at the May 25, 1787, Constitutional Convention in the City of Philadelphia.  Plaintiff reasonably believes in the wake of the national tragedy giving rise to this action on "911" and its serious and controversial claims, New York City is an inappropriate venue for justice to be served in this matter.  Venue is proper in this Court pursuant to 18 U.S.C. Section 1965 (a) because Defendants reside, are found, operate under color of authority or office, have agents, or connected with or related to the aforesaid and transact affairs in this district. Venue is also proper in this Court pursuant to 18 U.S.C. Section 1965 (b) because, to the extent any Defendant may reside outside this district, the ends of justice require such Defendant(s) to be brought before the Court.  Venue properly lies in this Court pursuant to 28 U.S.C. Section 1391 (b) (2) or, alternatively, pursuant to 28 U.S.C. Section 1391 (a) (2).  Further, certain of the conspiratorial acts alleged herein took place and continue to take place within this judicial district.  Any and all Defendants, named and unnamed who are employed with, were employed with, contracted with and connected to Defendant USA and GWB, can be compelled through order and/or subpoena power of this federal court to be subjected to discovery or otherwise appear before the court under federal law, executive order, or the Code of Federal Regulations or other process to establish venue in this Honorable Court.  Venue is further proper in the Eastern District of Pennsylvania under 18 U.S.C. § 1965(a) as Plaintiff's Counsel of Record, (agent), under the meaning of 18 U.S.C. § 1965(a) and (b), practices law in the Eastern District of Pennsylvania and the ends of justice require this matter to be heard in this District, wherein the Constitution and Nation were born.

     

    PARTIES

    19.       Defendant, the United States of America (hereinafter "Defendant USA[16]"), an international sovereign nation, empowered, limited and controlled subject to its United States Constitution, is the USA as set forth by its territorial boundaries description which the Court is requested under Federal Rules of Evidence ("F.R.E."), Rule 201, to take judicial notice of said territorial description and boundaries commonly referred to as the USA, herein as defined and set forth under the United States Constitution.

     

    20.       Defendant GWB, under color of authority and office is responsible as President and Commander-in-Chief of the United States of America and Armed Forces respectively, officially and individually, under the United States Constitution and National Security Act of 1947, (hereinafter "NS Act") was and continues to be in control of Defendant USA and all other named and unnamed Defendants, officially and individually.  At all times relevant to the claims herein, all Defendants present and past federal employees of the USA or national security consultants have long had personal ties to Defendant GWB and or his family relevant to establish and support the RICO Act basis of this lawsuit.  Defendant GWB is an individual who is also a citizen of the United States who acted with executive power as the President of the United States of America under Article II of the Constitution.  Defendant GWB receives for his compensation for services payments from the United States Treasury to conduct his official acts in a faithful manner and solemnly swore he will faithfully execute the Office of President of the United States and will do the best of his ability, to preserve, protect and defend the United States Constitution.  Defendant GWB's conduct prior to, on and after "911" raises serious doubt on the face of the evidence he failed to uphold his "oath" to protect Plaintiff's husband and our nation from the devastating attacks of this infamous day.  Due to the complexity of this litigation and large number of named and unnamed Defendants in this matter, for clarity purposes, Defendants USA, et al., will mean GWB as he is solely responsible for all acts and omissions of all subordinate Defendants under the provisions of the "NS Act".[17] 

     

    21.       Plaintiff ELLEN MARIANI is an adult individual and a citizen of the Defendant USA and is domiciled and a resident of the State of New Hampshire.  On "911" Ellen Mariani and Louis Neil Mariani were domiciled in New Hampshire.  Plaintiff is the surviving wife of decedent Louis Neil Mariani, who died on "911" as a fare-paying passenger in the crash of United Airlines Flight 175 into the South Tower of the World Trade Center.  Plaintiff brings this action on behalf of herself, the Estate of Louis Neil Mariani [step-daughter Lauren Peters and Ellen Mariani], and all wrongful death beneficiaries who believe the Air Transportation Safety and System Stabilization Act, P.L. 107-42, Section 408(b)(3), 49 U.S.C. Section 40101 (2002), is unconstitutional as ex post facto law and a ploy by Defendant GWB to silence and bury the truth as to the reasons Plaintiff's husband and thousands of other innocent people died from the attacks on "911."  Plaintiff has a legal duty to counter fraud and any other illegal activities affecting her personal, financial interest, welfare, safety or security as a citizen of the Defendant USA and the State of New Hampshire, and on behalf of others similarly situated, by petitioning the federal judiciary for redress of grievances as provided for under Article(s) 4, Section 2 and 3 and as thereafter amended Article I, IV, V, IX, X or XIV of the United States Constitution to compel answers by Defendants as to how and why her husband and thousands of others died on "911."

     

    SUMMARY OF FACTS[18]

                22.       That on January 20, 2001, Defendant GWB was sworn in as President of the United States of America and assumed the duties as Commander-in-Chief of the United States Armed Forces.

     

                    23.       That, the evidence will show that Defendant GWB from the period of July through August 2001, was provided by his subordinate Defendants credible intelligence information that the attacks against the United States of America on "911" were imminent.   Plaintiff believes Defendant GWB both grossly and criminally failed to carry out his duties as President and Commander-in-Chief and should be held accountable to her and the American People as to what he knew prior to the "911" attacks.  In the wake of "911" it was later stated by United States House of Representative Minority Leader Richard Gephardt, "The reports are disturbing that we are finding this out now."  Plaintiff stands on her claim Defendants at the minimum were "grossly negligent" in acting to prevent "911" as early as two (2) months prior to the deadly attacks.  Another lawmaker, Representative Jerrold Nadler of New York stated: 

     

    "Certainly if the White House had knowledge that there was a danger or an intent to hijack an American airplane and did not warn the airlines, that would be nonfeasance in office of the highest order…That would make the President bear a large amount of responsibility for the tragedy that occurred."

     

     

                24.       That, on or about, August 6, 2001, Defendant GWB received intelligence reports that a potential attack against the United States of America was being planned by the use of hijacked civilian airliners.  The American people were never warned of this potential threat to their health and well-being as Defendant GWB owed a duty to inform and warn the public as apparently high level cabinet members to include Defendants Rumsfeld and Ashcroft stopped flying commercial aircraft prior to the "911" attacks.  

     

    25.       That, on September 10, 2003, Plaintiff and her husband Louis Neil Mariani spent their last day together as husband and wife on this earth.

     

                26.       That, on or about 8:00 a.m. on "911," Defendant GWB sat down for his Presidential Daily Briefing ("PDB").  "The President's briefing appears to have included some reference to the heightened terrorist risk reported throughout the summer" but contained nothing serious enough to call National Security Adviser Defendant Rice.  The briefing ends at on or about 8:20 a.m.

     

    27.       That, on "911" on or about and between 8:13 a.m. and 8:20 a.m., American Airlines Flight 11, is not responding to Defendant FAA communications, goes off course and its transponder signal stops transmitting "Friend or Foe" (IFF) beacon signal.  On or about 8:24 a.m. Defendant "FAA," by and through an unidentified employee at this time, hears alleged terrorist over United Airlines Flight 11's radio; "We have some planes. Just stay quiet and you will be OK. We are returning to the airport. Nobody move."  At this very moment, Defendant "FAA" was mandated to alert Defendant NORAD to expedite immediate defensive measures to prevent loss of life or property damage via scrambling of American alert fighters to intercept Flight 11 and Defendant GWB should have been immediately briefed of the situation and should have by a simple phone call.[19]

     

                    28.       That, on or about 8:32 a.m., eight [8] minutes after Defendant FAA was first alerted to the highjacking of Flight 11, Defendant Bush's motorcade leaves the resort en-route to Emma E. Booker Elementary School in Sarasota, Florida.  That, it is believed Defendant NORAD was notified by Defendant FAA on or about 8:36 a.m., ten [10] minutes prior to the first crash into the WTC that Flight 11 was hijacked.[20] 

     

    29.       That, on or about 8:46 a.m., Flight 11 crashes into the North Tower of the World Trade Center (hereinafter "WTC") and Plaintiff husband's plane, United Airline Flight 175 transponder signal stops transmitting "IFF" beacon signal, as did Flight 11 before it crashed into the WTC. 

     

                30.       That, on or about 8:47 a.m., Defendant NORAD was alerted that Flight 11 crashed into the WTC and at 8:48 a.m., the first news broadcasts on radio and television report a plane crashed into the WTC. 

     

    31.       That, on or about 8:51 a.m., Defendant GWB arrives at Booker Elementary and should be completely aware Flight 11's crash was not an accident, especially in light of the "PDB" provided him 51 minutes earlier.

     

    32.       That, on or about 9:05 a.m. Andrew Card walks up to Defendant GWB in front of the world while Defendant GWB is listening to a goat story and is alleged to have whispered in his ear;  "A second plane has hit the World Trade Center.  America is under attack."  For approximately the next seven (7) to eighteen (18) minutes Defendant GWB continues to listen to the goat story while Plaintiff's husband was just murdered and does not immediately assume his duties as Commander-in-Chief of the United States Armed Forces.

     

     33.      Plaintiff believes if Defendant GWB, DOD and NORAD responded expeditiously as trained for and according to protocol, at 9:03 a.m, thirty-nine (39) minutes after being alerted to the highjacking of Flight 11, and Defendants acted responsibility and warned all U.S. Commercial aircraft captains of potential danger to their aircrafts, crews and passengers, Plaintiff's husband and thousands of other innocent people might still be alive today.  

     

                    34.       Plaintiff as previously stated, incorporates at Exhibit "C" a comprehensive list of "timelines" of Defendant GWB's acts on "911."  Under this section, Plaintiff will provide the foundation of "pre-911" and "post-911" events that support the basis of this Complaint that Defendants GWB and subordinate United States Government officials are grossly and criminally negligent for failing to act upon credible evidence to prevent the "911" attacks and have engaged in a pattern of "obstruction of justice" since the "911" attacks to mislead the American People.  For these reasons, Plaintiff possesses "standing" to bring this cause of action arising from the wrongful death of her husband, Louis Neil Mariani and does speak on behalf of others similarly situated who might fear bringing a cause of action arising from the evil events of "911" against Defendant GWB, et al., provides the following "Counts" in support of this cause of action:

     

    Count I

     

     

     

    Plaintiff asserts the Ex Post Facto "Air Transportation Safety and System Stabilization Act"

    as unconstitutional and Defendants GWB et al., are exempted parties under the Act's

    specific 'exemption' for claims against Terrorists and Their Aiders, Abettors and Conspirators

     

     

     

                35.       Plaintiff incorporates by reference all prior allegations in this Complaint as if fully set forth herein at length.

     

                36.       Plaintiff asserts the Air Transportation Safety and System Stabilization Act, (hereinafter "Act") is unconstitutional and ex post facto legislation specifically intended to silence the truth of the true perpetrators or terrorists which have yet been captured or held to account for the "911" attacks which resulted in the murder of her husband Louis Neil Mariani.

     

                37.       Plaintiff asserts the "exclusive jurisdiction" under the Act mandating her to bring this claim into the United States District Court for the Southern District of New York due to the serious nature of this Amended Complaint and the fact that New York City was the primary target of the "911" attacks will prejudice her case.  Plaintiff reasonably believes venue in Philadelphia is appropriate in the federal district wherein the United States Constitution was signed as the Defendants have tested the United States Constitution and pose the greatest threat to our way of life if they are not held to account for their actions prior to, during and after the "911" attacks.  Moreover, Defendant GWB, the primary focus of this Amended Complaint, and a majority of the Defendants are employees of the United States who were acting within their official capacity on "911" and Plaintiff can bring this action in "any judicial district" predicated upon the fact that "a substantial part of the events and omissions giving rise" to this action occurred in the Commonwealth of Pennsylvania.  Plaintiff argues, the entire United States of America and its Citizens were victims of "911" for that matter, coupled with the fact that the United States Constitution is under attack in of itself, merits this Amended Complaint to be tried and decided in the Birth Place of the Constitution and where our Declaration of Independence was written and signed in Philadelphia, Pennsylvania and where our battle of freedom was won in Valley Forge, Pennsylvania.  Furthermore, all of the Defendants conduct public business and/or have offices throughout the Eastern District of Pennsylvania.

     

                38.       Plaintiff further believes Section 408(c) of the Act provides one critical "exception" relevant to Plaintiff's case being heard in this Honorable Court and venue set therein.  The Act states in part:

     

    "The Southern District has 'original exclusive jurisdiction' over all actions brought for any claim (including any claim for loss of property, personal injury, or death) resulting from or relating to the terrorist-related aircraft crashes of September 11, 2001"with the exception of claims to recover collateral source obligations and claims against terrorists and their aiders and abettors and conspirators."  (Emphasis added) (Act Section 408(c)).

     

     

     

    39.       Plaintiff asserts from the mountain of evidence that will be produced and based upon her RICO Act claim, Defendant GWB et al., are exempt from the Act's jurisdiction in New York because Defendants will be directly connected to their true standing in the "911" attacks as "aiders and abettors and conspirators" who intentionally and deliberately "failed to act and prevent" the "911 attacks on the United States of American leading to the murder of Plaintiff's husband Louis Neil Mariani and thousands of other innocent people for many years to come, to advance their agendas, including but not limited to an "IWOT." [21]

     

                40.       Plaintiff, herein also names Defendant Kenneth R. Feinberg, Special Master of the September 11 Victim Compensation Fund of 2001, (hereinafter "Fund") as a party for his questionable strong-arm tactics and hostility towards Plaintiff.  Plaintiff asserts and alleges, Defendant Feinberg's appointment by Defendant Aschroft was tactical placement of a "go along to get along" move by Defendant GWB to ensure all "911" families joined the fund to prevent any questions of liability, gross or criminal negligence on behalf of Defendant GWB and his administration for failing to act and prevent the "911" attacks.

     

                41.       Plaintiff provides at Exhibit "D" proof of his lack of independence in administering the "Fund" via a letter signed by Defendant Feinberg to Donald J. Nolan, Esquire dated February 8, 2002.  Most notable is the handwritten statement below Defendant Feinberg's signature that states: "So – are you bringing your clients into the Fund?  Give me a call.  Best - K."

     

    42.       Plaintiff asserts Defendant Feinberg's overall involvement with the "Fund" and his appointment by Defendant Ashcroft is highly suspect and will call at trial staff members of the "Fund" who will expose the appropriate facts to support Plaintiff's claim that Defendant Feinberg's assignment is not to administer just compensation to the families but, a ploy to silence any traditional lawsuits that will expose Defendant GWB's failure to act and prevent the "911" attacks.  Furthermore, Red Cross delays have in effect thrown needy families into the waiting arms of Defendant Ashcroft and Defendant Feinberg while also serving to keep the government of the United States out of the courtroom via what Plaintiff originally termed "the Feinberg hush fund."  Defendant Feinberg has maintained total control over fund settlements while allowing the Red Cross to extend payments in the millions from donations to displaced renters and homeowners who did not even lose a family member, and also to Federal Emergency Management Agency (FEMA) workers, all of whom should have been paid from FEMA's well-established and budgeted funds approved by Congress.  Defendant Feinberg allowed the U.S. government to use Red Cross funds specifically donated to the families who lost their loved ones, said funds given to other parties, which only helped to extend and intensify the financial difficulties of victims family members, as many just decided to give up and submit to Defendant Feinberg's fund while also absolving the government of the United States of all future accountability.

     

    43.       Plaintiff, reasonably believes, Defendants are hiding behind arbitrary legislation such as this "Act" [Air Transportation Safety and System Stabilization Act] and the Patriot Act to silence Americans such as herself from obtaining the truth as to how and why "911" ever occurred.  To protect and preserve the United States Constitution Plaintiff's Amended Complaint merits judicial redress and all extraordinary relief for the good of our nation.[22]

     

    Count II

     

    Defendant "GWB's" Official Version of "911" and refusal to cooperate with his "911 Commission" demands judicial scrutiny in this cause of action

     

     

    44.       Plaintiff incorporates by reference all prior allegations in this Complaint as if set forth herein at length.

     

                    45.       Plaintiff asserts from the timelines as set forth in the "Summary of Facts" Defendant GWB's behaviors, both officially and individually are highly suspect.  Plaintiff, a reasonable person with "standing" seeks to find the truth of "911" and questions why it has taken almost two (2) years for Defendant GWB to establish the "911 Commission." 

     

    46.       Plaintiff believes from the substantial investigations and news reports from around the world, Defendant GWB must be compelled to answer the claims and assertions in her lawsuit as it has been over two (2) years since her husband's death and yet to date, no "terrorists" have be held to account.   

     

    47.       Plaintiff deserves her day in court in this matter for many reasons, most specifically to challenge Defendant GWB's purported fact that the "terrorist" responsible for the "911" attacks and its mastermind is "OBL."  Defendant GWB has not released to the public intelligence reports or statements to remove suspicion regarding his own good faith efforts to find the terrorists responsible for "911."  Moreover, why are several alleged terrorists named by Defendant GWB who allegedly died in the "911" attacks still alive? 

     

    48.       Plaintiff asserts and alleges Defendant GWB's behaviors on the morning of "911" upon being informed the nation was under attack to include but not limited to his continued reading of a children's story when he should have expeditiously carried out his joint duties as President and Commander-in-Chief to order air defenses to prevent continued attacks against our Nation, in of itself, calls into question his stability and motives to carry out this nation's top public office.

     

    49.       Plaintiff seeks to find and obtain the answer as to why her husband was murdered on "911" and to date, political reasons and "obstruction of justice" by Defendant GWB in failing to release intelligence reports and to fully cooperate with the "911 Commission" provide Plaintiff with no other option but to proceed with this cause of action.  In light of the fact that Defendant Ashcroft is a party to this litigation, this Honorable Court must provide Plaintiff justice by issuance of subpoenas and by affording Plaintiff discovery to support her claims regarding Defendant GWB failing to act and prevent the deadly attacks on "911."  Moreover, the fact that the only federal employee who has the power to seek prosecution of the murders responsible for "911," namely Defendant Ashcroft who has spent more time advocating for his Patriot Act than seeking the "terrorists" responsible for the "911" attacks is yet another bona fide issue which advances Plaintiff's right to judicial review in this matter.[23]

     

    Count III

     

    Defendant "USA" and "DOD" for Twenty-Five (25) Years had prior knowledge

    American Airspace was vulnerable to terrorist attacks via highjacking of

    Commercial Airliners

     

     

    50.       Plaintiff incorporates by reference all prior allegations in this Complaint as if set forth herein at length.

     

    51.       Plaintiff's basis for alleging Defendants had prior knowledge "terrorists" could highjack commercial aircraft and attack the United States is not only due to Defendant GWB's continued withholding of facts and public records necessary for the "911 Commission" to perform its public duty, but, supported by the sworn affidavit of Timothy Stuart McNiven, former United States Army participant in a 1975 Congressional funded military study which purpose was to "identify security lapses and submit corrective actions" to Congress.  (See Exhibit "B").[24]

     

    52.       Based upon review of Affiant McNiven's sworn statement Plaintiff asserts Defendant USA, et al., charged with defending America had prior knowledge before "911" that the events of this infamous day in American history could take place and did.  Hence, Defendant USA's failure to implement the findings of the study was grossly/criminally negligent and Defendant's "failing to prevent" the attacks of "911" raises other serious national security and public trust matters important for Plaintiff to obtain justice in this case.  Affiant McNiven's testimony and the chilling similarities of the study's scenarios to the actual events of  "911," support a basis Defendants were grossly/criminally negligent in failing to prevent "911."  Affiant McNiven's testimony also provides the "nexus" to include Defendant George H. Bush, Sr., (hereinafter "Defendant GHB") as a critical party to this litigation as Defendant GHB as CIA Director at the time of the study and reasons for its not being implemented are very relevant for Plaintiff to find the answers as to why her husband was murdered on "911."  Plaintiff believes, Defendants' GWB and his father, GHB, hold the answers for the entire nation to be informed of the truth as to "911" and why it occurred and was not prevented.[25] 

     

                53.       Plaintiff asserts the facts and circumstances as set forth in Affiant McNiven's statement provide the foundation to call into question all Defendant GWB's official and private national security advisors' apparent ill-willed "advice" which once full discovery is achieved, will prove not only that Defendants were grossly negligent in failing to prevent the "911" attacks, they were also criminally negligent wherein this Court, for the good of the nation, must grant any and all declaratory and injunctive relief to hold Defendants' accountable for all crimes proven in this civil action.  For these reasons, Defendant GWB cannot and must not be afforded "Executive Privilege" or any other governmental immunity from defending this lawsuit as the "national security" interests of Plaintiff and the American People outweigh the "national security" interests of "individual Defendants" in this matter.[26]

     

                54.       In sum, on July 25, 2003, a report by a joint panel of House and Senate Intelligence Committees concluded that 9/11 resulted from C.I.A. and F.B.I. "lapses."  Defendant GWB is solely responsible as President of the United States of America for the "lapses" that resulted in the murder of Plaintiff's husband Louis Neil Mariani and must be held to answer by this Court to explain his failure to act and prevent the attacks of "911."

     

    Count IV

     

     

     

    Defendant GWB and his Administration were provided ample warning the

     

    "911" attacks were Imminent and Failed to Act

     

     

     

                    55.       Plaintiff incorporates by reference all prior allegations in this Complaint as if set forth herein at length.

     

    56.       Plaintiff asserts Defendant GWB received and ignored advance warnings of an imminent plan to hijack passenger airplanes and fly them into buildings in the United States and will be further supported by the actions of high cabinet officials who stopped flying commercial airliners leading up to the "911" attacks.

     

                57.       Plaintiff through reason and belief maintains the cloud of "secrecy" Defendant GWB and his subordinate advisors continue to engage in by not being forthright and honest with the United States Congress, its "911" hearings and now, the "911 Commission" support her claim Defendants were provided ample warnings to prevent the murder of her husband Louis Neil Mariani.

     

                58.       Plaintiff believes and upon discovery and compelling of the release of Defendant CIA's July 2001, "Presidential Daily Briefing (PDB)" will clearly demonstrate Defendant GWB's lack of swift and decisive action during his story telling session at the school on the morning of "911" occurred for one reason – Defendant GWB knew the attacks would occur.[27]

     

                59.       Plaintiff asserts perhaps the single most damning indictment of Defendant GWB and all Defendants who failed to protect our nation on "911" was the failure of Defendants DOD/NORAD to follow normal military protocol to be followed as standard procedure.  The following testimony of "911" victim family member Mindy Kleinberg, presented on March 31, 2003 before the "911 Commission" is so articulate that it stands with Plaintiff's "open letter" to Defendant GWB as cited at "A" and to support this Count:

     

    "Prior to 9/11, FAA and Department of Defense Manuals gave clear, comprehensive instructions on how to handle everything from minor emergencies to full blown hijackings. These 'protocols' were in place and were practiced regularly for a good reason -- with heavily trafficked air space; airliners without radio and transponder contact are collisions and/or calamities waiting to happen.

     

     

    Those protocols dictate that in the event of an emergency, the FAA is to notify NORAD. Once that notification takes place, it is then the responsibility of NORAD to scramble fighter-jets to intercept the errant plane(s). It is a matter of routine procedure for fighter-jets to 'intercept' commercial airliners in order to regain contact with the pilot.

     

     

    If that weren't protection enough, on September 11th, NEADS (or the North East Air Defense System dept of NORAD) was several days into a semi-annual exercise known as 'Vigilant Guardian." This meant that our North East Air Defense system was fully staffed. In short, key officers were manning the operation battle center, 'fighter jets were cocked, loaded, and carrying extra gas on board.'

     

     

    Lucky for the terrorists that none of this mattered on the morning of September 11th. Let me illustrate using just flight 11 as an example:

     

     

    American Airline Flight 11 departed from Boston's Logan Airport at 7:45 a.m. The last routine communication between ground control and the plane occurred at 8:13 a.m.  Between 8:13 and 8:20 a.m. Flight 11 became unresponsive to ground control.  Additionally, radar indicated that the plane had deviated from its assigned path of flight.  Soon thereafter, transponder contact was lost -- (although planes can still be seen on radar - even without their transponders).

     

     

    Two Flight 11 airline attendants had separately called American Airlines reporting a hijacking, the presence of weapons, and the infliction of injuries on passengers and crew.  At this point, it would seem abundantly clear that Flight 11 was an emergency.

     

     

    Yet, according to NORAD's official timeline, NORAD was not contacted until 20 minutes later at 8:40 a.m. Tragically the fighter jets were not deployed until 8:52 a.m. -- a full 32 minutes after the loss of contact with flight 11.

     

     

    Why was there a delay in the FAA notifying NORAD?  Why was there a delay in NORAD scrambling fighter jets?  How is this possible when NEADS was fully staffed with planes at the ready and monitoring our Northeast airspace?

     

     

    Flights 175, 77 and 93 all had this same repeat pattern of delays in notification and delays in scrambling fighter jets.  Delays that are unimaginable considering a plane had, by this time, already hit the World Trade Center.

     

     

    Even more baffling for us is the fact that the fighter jets were not scrambled from the closest air force bases.  For example, for the flight that hit the Pentagon, the jets were scrambled from Langley Air Force in Hampton, Virginia rather than Andrews Air Force Base right outside D.C.  As a result, Washington skies remained wholly unprotected on the morning of September 11th.  At 9:41 a.m., one hour and 11 minutes after the first plane hijack confirmed by NORAD, Flight 77 crashed into the Pentagon.  The fighter jets were still miles away.  Why?

     

     

    So the hijackers' luck had continued.  On September 11th both the FAA and NORAD deviated from standard emergency operating procedures.  Who were the people that delayed the notification?  Have they been questioned?  In addition, the interceptor planes or fighter jets did not fly at their maximum speed.

     

    "Had the belatedly scrambled fighter jets flown at their maximum speed of engagement, MACH-12, they would have reached NYC and the Pentagon within moments of their deployment, intercepted the hijacked airliners before they could have hit their targets, and undoubtedly saved lives."

     

     

     

                    60.       From the above public statement of Mindy Kleinberg, Plaintiff does not stand alone in her belief that Defendant GWB's and all subordinate Defendants in this action should be held to account for the worst attacks on our nation since Pearl Harbor leading to the deaths of thousands of innocent people, including Plaintiff's husband Louis Neil Mariani.  Mrs. Kleinberg has also voiced her support for Plaintiff in this cause of action and will be called as a favorable witness on behalf of Plaintiff at trial.

     

    61.       Plaintiff, with the assistance of other concerned Americans are actively involved in assisting with the production of facts and circumstances to set a prima facie case proving Defendant GWB knew of and failed to prevent the "911" attacks.  The following "Pre-911" facts and circumstances provided by independent researcher Allan Duncan, a Citizen of the State of Pennsylvania are hereby provided verbatim to support Defendant GWB's pre-"911" knowledge the attacks would take place:

     

    A.           Explicit warnings from foreign sources

     

    (1)        1999.  The U.S. was warned by British intelligence two years prior to "911" that terrorists were planning to use airplanes in unconventional ways, perhaps as bombs

     

     

    In 1999, Britain's intelligence agency, M16, warned the U.S. in a classified report that al Qaeda was planning to use airplanes in an unconventional manner to attack U.S. interests.  No targets were specified.  The Times of London quoted a British senior Foreign Office source saying, "The Americans knew of plans to use commercial aircraft in unconventional ways, possibly as flying bombs."  (cited in AFP 6-9-2002)

     

     

    (2)        April to May 2001.  U.S. government received 'specific' threats of terrorist attacks against U.S. targets or interests

     

     

    Condoleezza Rice admitted that the U.S. government had received "specific" threats that "al Qaeda attacks against U.S. targets or interests…might be in the works.  There was a clear concern that something was up, … but it was principally focused overseas.  The areas of most concern were the Middle East, the Arabian Peninsula and Europe."  (cited in CNN 5-16-2002 "Timeline: Events leading up to September 11")  She did not elaborate on where the intelligence originated, but the Independent of London, reported that the information had been relayed to Washington by British intelligence sources.  (Bennetto and Gumbel  5-18-2002)

     

     

     

    (3)        June 6, 2001. German intelligence warned CIA

     

     

     

    The German intelligence agency, the BND, warned both the CIA and Israel that Middle Eastern terrorists were "planning to hijack commercial aircraft to use as weapons to attack important symbols of American and Israeli culture."  This intelligence reportedly came from Echelon, a high-tech electronic surveillance system used by the intelligence agencies of several nations to glean through electronic communications for certain keywords.  It was first reported by the German daily newspaper, Frankfurter Algemeine Zeitung on September 13.  Its sources were reportedly from the BND itself. (Stafford 9-13-2001; Thomas 5-21-2002)  According to Gordon Thomas (5-21-2002) of Global – Intel, the original source of information actually came from Israeli Mossad agents operating in the U.S. who had infiltrated al Qaeda.  According to his account the Mossad also informed British and Russian intelligence about the attacks, who then in turn notified the CIA.  Thomas's sources are allegedly informants within the Mossad itself.

     

     

     

    (4)        July 16, 2001.  British intelligence sent a report to Tony Blair warning of imminent attacks.  The report was also sent to Washington

     

    The British Cabinet Office Joint Intelligence Committee (JIC) sent a memo authored by the heads of British intelligence agencies, MI6, MI5 and GCHQ, to Tony Blair and other cabinet ministers, warning that al Qaeda was in the final stages of preparing for a terrorist attack.  The memo suggested that the attacks would likely be aimed at American or Israeli targets.  The report did not indicate however that the agencies had any knowledge with regards to the "timings, targets and methods of attack."  According to the Times of London, the warning was "based on intelligence gleaned not just from MI6 and GCHQ but also from US agencies, including the CIA and the National Security Agency, which has staff working jointly with GCHQ."  [Emphasis added]  The newspaper added, "The CIA sometimes has a representative on the JIC.  The contents of the July 16 warning would have been passed to the Americans, Whitehall confirmed."  (Evans 6-14-2002)

     

     

     

    (5)        June 23, 2001.  Arabic News Network reported that bin Laden had predicted a 'severe blow' to the United States.

     

     

    "According to the June 23rd AirlineBiz.com report, the Arabic satellite television network MBC claimed that 'the next two weeks will witness a big surprise.'  An MBC reporter who had met with bin Laden in Afghanistan on June 21st predicted that 'a severe blow is expected against U.S. and Israeli interests worldwide.  There is a major state of mobilization among the Osama bin Laden forces.  It seems that there is a race of who will strike first.  Will it be the United States or Osama bin Laden?' " (Grigg 3-11-2002)

     

     

     

    (6)        Summer 2001. Jordan's General Intelligence Division (GID) warned Washington of an attack planned on the U.S mainland using aircraft.

     

     

    According to John Cooley (5-21-2002), author of the book, Unholy Wars: America, Afghanistan, and International Terrorism, Jordan's intelligence agency, GID, intercepted al Qaeda communications indicating that a terrorist operation, code-named 'Al Ourush al Kabir' or 'The Big Wedding,' was being planned for within the U.S. and would involve aircraft.  Cooley confirmed the validity of this warning. (see also Bubnov 5-24-2002)

     

     

    (7)        Summer 2001.  Iranian man warned U.S. authorities of a planned terrorist attack during the week of September 9, 2001

     

     

    Online.ie reported "German police have confirmed an Iranian man phoned US police from his deportation cell to warn of the planned attack on the World Trade Centre" during the week of September 9.  He reportedly called several times.  Very little information was given about the 'Iranian man' other than the fact that he was 28-years old.  No other news agencies independently reported the incident.  (Online.ie 9/14/01; cited in Anova 9-14-2001; Ruppert 11-2-2001; 11-24-2001; 4-22-2002)

     

     

     

    (8)        August 2001.  Moroccan intelligence warned Washington about "large scale-operations in New York in the summer or autumn of 2001"

     

     

    According to reports published in November 2001 by a French magazine and a Moroccan newspaper, Morocco's royal intelligence informed Washington that one of its agents, who had penetrated al Qaeda, learned that bin Laden's organization was preparing "large operations in New York in the summer or autumn of 2001."  The agent, who is said to be presently in the U.S. helping its intelligence agencies, also informed Moroccan intelligence that bin Laden was 'very disappointed' with the first WTC bombing which failed to bring the two towers down.  John Cooley (5-21-2002), who reported this in the International Herald Tribune wrote that as of 5-21-2002, he had not independently verified this warning.  (see also Bubnov 5-24-2002)

     

     

     

    (9)        August 2001. Israel warned U.S. about large-scale attacks on the U.S. mainland

     

     

     

    "Israeli intelligence officials say that they warned their counterparts in the United States last month that large-scale terrorist attacks on highly visible targets on the American mainland were imminent." (Jacobson and Wastell 9-16-2001; Davis 9-17-2001; Stafford 9-13-2001; Serrano and Thor-Dahlburg 9-20-2001; Martin 1-5-2002; Martin 1-16-2002)  According to Gordan Thomas (5-21-2002), this information was based on intelligence gleaned from Israeli Mossad agents who had penetrated or were spying on the al Qaeda operatives. Thomas's sources are allegedly informants within the Mossad itself. 

     

     

     

    (10)      August 2001.  Intelligence sources warned Argentine Jewish leaders of imminent attacks

     

     

     

    According to Argentine Jewish leaders, the Jewish community in that country "received a warning about an impending major terrorist attack against the United States, Argentina or France just weeks before September 11."  Forward quoted Marta Nercellas, a lawyer for the Delegación de Asociaciones Israelitas Argentinas, or DAIA, Argentina's main Jewish representative body: "It was a concrete warning that an attack of major proportion would take place, and it came from a reliable intelligence [source].  And I understand the Americans were told about it."  [Emphasis added]  (Forward  2-5-2002)

     

     

     

    (11)      August 24, 2001.  Russian intelligence warned of possible hijacking

     

     

     

    Russian intelligence warned the CIA that 25 terrorist pilots were specifically training to crash airliners into planned targets.  This was reported by the Russian Izveztia on September 12 and translated for From The Wilderness Magazine by a former CIA officer.  (cited from Ruppert 11-2-2001; see also Ruppert 11-24-2001; 4-22-2002; Martin 1-5-2002; Martin 1-16-2002)  According to Gordan Thomas (5-21-2002) Russian intelligence received this information from the Israeli Mossad.

     

     

    (12)      August 31, 2001.  Egyptian president warned U.S. that something was brewing

     

     

    Egyptian President Hosni Mubarak warned the U.S. that "something would happen" 12 days before the terrorist attacks.  (AP 12-7-2001; MacFarquhar and Tyler 6-4-2002; Martin 1-5-2002).  Egypt had also warned the U.S. on June 13.  (Martin 1-16-2002).  The U.S intelligence denied that they had received this information soon before the attacks and instead alleged that the only warnings that had been given to them from Egypt occurred between March and May of 2001.  (MacFarquhar and Tyler 6-4-2002)

     

     

    (13)   September 1, 2001. Russian intelligence warned the U.S. again about 'imminent attacks'

     

     

    "Russian President Vladimir Putin orders Russian intelligence to warn the U.S. government 'in the strongest possible terms' of imminent attacks on airports and government buildings" (We do not have a reference to the original source.  See Ruppert 11-2-2001; 4-22-2002 based on MS-NBC interview with Putin, September 15.  See also Martin 1-16-2002; Thomas 5-21-2002)  According to Gordan Thomas (5-21-2002) Russian intelligence received this information from the Israeli Mossad.

     

     

    (14)      Early September 2001.  Mossad chief warned CIA of possibility of attacks

     

     

    According to Gordon Thomas (5-21-2002), Mossad Chief Efraim Halevy warned both the CIA and FBI of the possibility of near term attacks.  George Tenet presumably thought that it was "too non specific."

     

     

    (15)      September 5-6, 2001

     

     

    Commenting on the U.S. intelligence failure, the French Le Monde reported: "The first lapse has to do with the processing of intelligence items that come out of Europe.  According to our information, French and American officials did in fact hold important meetings in Paris from the 5th to the 6th of September, that is, a few days prior to the attacks.  Those sessions brought representatives of the American Special Services together with officers of the DST (Directorate of Territorial Security) and military personnel from the DGSE (General Overseas Security Administration).  Their discussion turned to some of the serious threats made against American interests in Europe, specifically one targeting the U.S. Embassy in Paris.  During these talks, the DST directed the American visitors' attention to a Moroccan-born Frenchman who had been detained in the United States since August 17 and who was considered to be a key high-level Islamic fundamentalist.  But the American delegation, preoccupied above all with questions of administrative procedure, paid no attention to this 'first alarm,' basically concluding that they were going to take no one's advice, and that an attack on American soil was inconceivable.  It took September 11 for the FBI to show any real interest in this man, who we now know attended two aviation training schools, as did at least seven of the kamikaze terrorists."  (cited in Ridgeway 5-28-2002)

     

     

    (16)      September 7, 2001.  Mossad chief warned CIA a second time of possible attacks

     

     

    According to Gordon Thomas (5-21-2002), Mossad Chief Efraim Halevy sent another alert to the CIA warning of possible terrorist attacks.  The message was received in Washington on September 7.

     

     

    (17)      September 3-10, 2001.  Anonymous caller informed a radio talk show that Osama bin Laden's organization would be launching imminent attacks against the U.S.

     

     

    "MSNBC reports on September 16 that a caller to a Cayman Islands radio talk show gave several warnings of an imminent attack on the U.S. by bin Laden in the week prior to 9/11." (We do not have a reference to the original source.  See Ruppert 11-2-2001)

     

     

    (18)      September 10, 2001.

     

     

    U.S. intelligence intercepted conversations from al Qaeda that were extremely specific.  USA Today, reported "Two U.S. intelligence officials, paraphrasing highly classified intercepts, say they include such remarks as, 'Good things are coming,' 'Watch the news' and 'Tomorrow will be a great day for us.' "  [Emphasis added] This information was contained with 13,000 pages of material from the National Security Agency that was handed over to the Congressional 9-11 inquiry.  It is unclear when these intercepts were reviewed by U.S. intelligence.  They may not have been reviewed until after 9-11.  (Diamond 6-3-2002)

     

     

    (19)      September 11, 2001.  Employees at Odigo Inc, received warnings predicting the attacks hours before they happened

     

     

    The Israeli company, Odigo, Inc. was apparently warned two hours before the attacks.  Odigo CEO Micha Macover told the Ha'aretz that 'two workers received the messages predicting the attack would happen.'  The FBI was quickly notified but it is presently not clear if U.S. authorities are still investigating the incident.  The company's offices in Israel are located suspiciously near the Israeli Institute for Counter Terrorism which broke story of the insider trading scam on 9-11.  (McWilliams 9-28-2001; Seberg 9-28-2001; Ruppert 2-11-2002; 4-22-2002)

     

     

     

     

     

     

     

     

     

    B.         Evidence that U.S. authorities were concerned

     

     

    (1)        1994.  FBI videotaped an informant being recruited as a suicide bomber by two men, one of whom was linked to Osama bin Laden

     

     

    Summarizing a letter written by former FBI Special Agent James Hauswirth, the Los Angeles Times wrote, "The 27-year FBI veteran said in the letter reviewed by the Los Angeles Times that the Phoenix office had evidence of Islamic potential terrorists operating in the region as far back as 1994.  That year, two men were videotaped by FBI agents recruiting a Phoenix FBI informant as a suicide bomber, the letter says.  One of those men, according to a source, was linked to a terrorist in the 1993 World Trade Center bombing."  ( Los Angeles Times 5-27-2002)

     

     

    (2)        1996-2001. The FBI was investigating suspected terrorists enrolled in flight schools

     

     

    In 1996, after the Philippine police had discovered the 'Bojinka' plot (see above), US officials began investigating al Qaeda terrorist suspects who were training in U.S. flight schools.  "Since 1996, the FBI had been developing evidence that international terrorists were using US flight schools to learn to fly jumbo jets.  A foiled plot in Manila to blow up U.S. airliners and later court testimony by an associate of bin Laden had touched off FBI inquiries at several schools, officials say."  (cited in Fairnaru and Grimaldi 9-23-2001; Martin 1-16-2002; Shelon 5-18-2002)

     

     

     

    (3)        1996 or 1997.  FBI Counter terrorist specialist John O'Neil warned of terrorist capabilities

     

     

     

    Soon after the late John O'Neil had become head of the FBI's New York unit, he warned, "A lot of these groups now have the capability and the support infrastructure in the United States to attack us here if they choose to."  (Loeb 9-12-2002)  John O'Neil, who was described as one of the FBI's 'most pugnacious' agents, resigned from the FBI shortly before 9-11.  He subsequently took a position as head of the WTC security, where he is believed to have died on the day of the attacks while attempting to rescue other people in the towers.  September 11 had been his first day on the job.  (Loeb 9-12-2002)  John O'Neil had complained that the Bush administration had impeded his investigations into suspected Saudi terrorists.  (Brisard and Dasquie 2001in Godoy 11-16-2001; Marlowe 11-19-2001)

     

     

     

     

    (4)        1997.  FBI was investigating Middle Eastern flight school students in Phoenix

     

     

    Summarizing a letter written by former FBI Special Agent James Hauswirth, the Los Angeles Times wrote:  "In 1998, the office's international terrorism squad investigated a possible Middle Eastern extremist taking flight lessons at a Phoenix airport, wrote Hauswirth, who retired from the FBI in 1999."  

     

    (5)        1998.  The FAA issued a warning that al Qaeda may attempt to hijack commercial airlines

     

     

     

    In 1998, Federal Aviation Administration warned airlines to be on a 'high degree of alertness' against possible hijackings by members of Osama bin Laden's organizations.  (AP 5-26-2002).  May 18, 1998.  FBI memo observed that an 'unusually' large number of Middle Eastern men were attending flight schools. The memo revealed that an Oklahoma FBI pilot had warned his supervisor "that he has observed large numbers of Middle Eastern males receiving flight training at Oklahoma airports in recent months."  The FBI pilot further observed, "This is a recent phenomena and may be related to planned terrorist activity." Washington 5-30-2002)

     

     

    (6)        199? – 2001.  According to anonymous sources it was widely known that important warnings were being ignored

     

     

    The New American magazine interviewed three federal law enforcement agents who confirmed that the FBI had foreknowledge of the attacks.  They spoke only on conditions of anonymity, although two of them told the magazine that they would be willing to testify to Congress.  One agent stated that it was widely known "all over the Bureau, how these [warnings] were ignored by Washington... All indications are that this information came from some of [the Bureau's] most experienced guys, people who have devoted their lives to this kind of work. But their warnings were placed in a pile in someone's office in Washington...In some cases, these field agents predicted, almost precisely, what happened on September 11th. So we were all holding our breath…hoping that the situation would be remedied."  [Emphasis added]  (cited in Grigg 3-11-2002)

     

     

    (7)        Federal Aviation Administration (FAA) 2001 report

     

     

    The New York Times reported, "The Federal Aviation Administration published a report called Criminal Acts Against Aviation on its Web site in 2001 before the hijackings that said that although Osama bin Laden 'is not known to have attacked civil aviation, he has both the motivation and the wherewithal to do so.'  It added, 'Bin Laden's anti-Western and anti-American attitudes make him and his followers a significant threat to civil aviation, particularly to U.S. civil aviation'."  (Martin 1-16-2002; Sanger and Bumiller 5-17-2002)

     

     

    (8)        Early 2001.  Court proceedings revealed that al Qaeda operatives were training in

    American flight schools

     

     

    In early 2001, the trial of four men accused of being involved in the embassy bombings in Kenya and Tanzania revealed that members of bin Laden's network had received flying lessons in Texas and Oklahoma.  (USA vs. Usama bin Laden et al.; Foden 9-13-2001; Martin 1-16-2002)

     

     

    (9)        January-February 2001.  Case of Hani Hanjour

     

     

    During his attendance at an Arizona flight school, Hani Hanjour arose the suspicion of flight instructor Peggy Chevrette, who felt that Hani both lacked the skill and English for the pilot license he already had.  She repeatedly called FAA authorities, who sent one of their inspectors, John Anthony, to look into her concerns.  In spite of the fact that FAA guidelines clearly stipulate that fluency in English is required for a U.S. commercial pilot's license, the FAA inspector, according to Chevrette, suggested Hanjour be provided with a translator.  Even after Anthony had visited the school, the flight instructor continued calling the FAA twice more with concerns that he didn't have the skills needed to have a license.  Hani Hanjour left the school before completing the program.  (MSNBC 5-10-2002)  The flight school, JetTech, closed after September 11.  Sources did not explain why.  In addition to the suspicion that he arose at the flight school, he also caught the attention of an FBI informant.  Aukai Collins told ABC news that he was an FBI informant for four years.  He claims that in 1996, he provided the FBI with very specific information about Hani, including "his exact address, his phone number and even what car he drove."  While the FBI admitted that Collins had been an informant, they 'emphatically denied' that he had tipped the agency off to Hani Hanjour.  (ABC News 5-23-2002)

     

     

    (10)      February 2001.  Warning from George Tenet: bin Laden and al Qaeda are the most serious threat to the U.S. and they intend to inflict mass casualties

     

     

    In February of 2001, CIA Director George Tenet warned that bin Laden should be considered the "most immediate and serious threat" to the U.S and added, "As we have increased security around government and military facilities, terrorists are seeking out 'softer' targets that provide opportunities for mass casualties."  (cited in CNN 5-16-2002 "Timeline: Events leading up to September 11"; Cornwell 5-25-2002)

     

     

    (11)   Summer 2001.  Former chief investigative counsel warned U.S. Justice Department that FBI believed terrorists were planning to attack lower Manhattan

     

     

    (a)           David Shippers, a Chicago attorney who had been the chief investigative counsel in the attempted impeachment of Clinton, warned the U.S. Justice Department that a massive terrorist attack had been planned for lower Manhattanbased on what FBI agents from Chicago and Minnesota had told him.  His warning was shunned by officials, one of which stated, "We don't start our investigations at the top."  (cited in Grigg 3-11-2002)

     

     

     

    (b)   During an October 10, 2001 radio interview, he revealed that he had warned "Attorney General John Ashcroft and Speaker of the House Dennis Hastert that he had proof from a credible source (that he has still not revealed) about a plot to use hijacked commercial airliners to ram the White House and Capitol."  (Chin 5-19-2002)

     

     

     

    (d)   On May 30 2002, one of Shipper’s sources in the FBI, Special Agent Robert Wright disclosed in a testimony broadcasted on C-SPAN that FBI officials and other agents had 'stymied’ his own investigations into suspected terrorists.  (Horrock 5-30-2002)

     

     

     

    (12)      Summer 2001.  The 'threat assessment’

     

     

    On July 26 2001, CBS News reported that Attorney General John Ashcroft was no longer using commercial airliners to travel – even for personal business – because of a "threat assessment" issued by the FBI.  Instead Ashcroft was using a chartered jet that cost taxpayers $1,600/hr to fly.  The news network further reported: "Neither the FBI nor the Justice Department, however, would identify what the threat was, when it was detected or who made it."  (CBS News 7-26-2001)

     

     

    (13)      June 2001.  A Federal Aviation Administration (FAA) June circular

     

     

    According to ABC sources the FAA distributed a circular in June of 2001 that stated, "Although we have no specific information that this threat is directed at civil aviation, the potential for terrorist operations, such as an airline hijacking to free terrorists incarcerated in the U.S. remains a concern."  (ABC 5-17-2002; Hersh and Isikoff 5-27-2002)  According to Newsweek’s sources, 10-12 such circulars were issued to U.S. airports between June 11 and September 11  (Hersh and Isikoff 5-27-2002).  One of the circulars reportedly warned of possible hijackings on flights originating from East Coast airports.  (Salant 5-26-2002)

     

     

    (14)      June 9, 2001.  Internal FBI memo

     

     

    Special Agent Robert Wright wrote a memo on June 9 warning the FBI that the Bureau’s failure to take decisive action against known terrorist suspects operating within the country would likely result in the loss of American lives.  Parts of the memo read, "Knowing what I know, I can confidently say that until the investigative responsibilities for terrorism are transferred from the FBI, I will not feel safe.  The FBI has proven for the past decade it cannot identify and prevent acts of terrorism against the United States and its citizens at home and abroad.  Even worse, there is virtually no effort on the part of the FBI's International Terrorism Unit to neutralize known and suspected international terrorists living in the United States.  Unfortunately, more terrorist attacks against American interests - coupled with the loss of American lives - will have to occur before those in power give this matter the urgent attention it deserves."  (cited in Johnson 5-30-2002)

     

     

     

    (15)      July 2, 2001.  FBI memo

     

     

    FBI issued a memo stating, "There are threats to be worried about overseas.  While we cannot foresee attacks domestically, we cannot rule them out."  (cited in CNN 5-16-2002 "Timeline: Events leading up to September 11")

     

     

    (16)      July 3, 2001.  Federal investigators learned significant intelligence from Ahmed Ressam, and al Qaeda operative who had planned to bomb Los Angeles Airport

     

     

    Newsweek reported, "After he was convicted in the spring of 2001, Ressam started giving investigators detailed information on Al Qaeda’s designs in the United States.  He left no doubt that U.S. airports were a prime target "because an airport is sensitive politically and economically," as Ressam said in Court on July 3.  (Hirsh and Isikoff 5-27-2002)

     

     

    (17)      July 10, 2001.  Internal FBI memo warned that men with suspected ties to terrorist groups were training in Arizona flight schools

     

     

    (a)        On July 10 of 2001, FBI agent Kenneth Williams in Arizona sent a memo from the Phoenix FBI office to the radical fundamentalist anti-terrorism unit (which was aware of the Moussaoui case -see below) in the Bureau’s Washington headquarters warning that several Arab men with suspected ties to terrorist groups were training at Embry-Riddle Aeronautical University in Arizona.  (Solomon 5-3-2002; Risen 5-4-2002; Johnston 5-15-2002; Hersh and Isikoff 5-27-2002; Johnston and van Natta 5-21-2002; Cornwell 5-25-2002; Lumkin 5-25-2002)

     

     

     

    (b)        Interestingly, the memo mentioned Osama bin Laden by name and speculated that his organization may be attempting to infiltrate the U.S. aviation industry with pilots, security guards, and maintenance workers. (Johnston 5-15-2002).  Williams had associated the flight school students with al Qaeda based on a link he had established between several of the students and the London-based militant Muslim group, al-Muhajiroun, whose leader was an open supporter of bin Laden (Seper 5-23-2002; AP 5-23-2002).  One Senator who had read the memo told reporters, "I will tell you, though, that although he didn't come up with the exact Sept. 11 scenario, what he presents in that memo was so close to the fact pattern that emerged on Sept. 11 that, as you read it, it just takes your breath away."  (De la Garza 5-23-2002).  William’s concerns were spurned in part with interviews he had conducted with the Arab students who had demonstrated extreme anti-American views (Johnston and van Natta 5-22-2002; Mitchell 5-22-2002).

     

     

     

    c)         The memorandum also made some suggestions about possible recourses of action.  It stated, "Phoenix believes that the F.B.I. should accumulate a listing of civil aviation universities/colleges around the country.  F.B.I. field offices with these types of schools in their area should establish appropriate liaison.  F.B.I. HQ should discuss this matter with other elements of the U.S. intelligence community and task the community for any information that supports Phoenix's suspicions."  No action was taken.  (cited in Solomon 5-3-2002; Risen 5-4-2002)

     

     

    (18)      July 18, 2001.  FBI memo

     

     

    The memo stated, "We’re concerned about threats as a result of the millennium plot conviction....There’s no specific target, no credible info of attacks to U.S. civil aviation interests, but terror groups are known to be planning and training for hijackings, and we ask you therefore to use caution."  (cited in CNN 5-16-2002 "Timeline: Events leading up to September 11")

     

     

    (19)      August 6, 2001. Memo ("The Smoking Gun RICO Act Obstruction of Justice Claim")(emphasis added).

     

     

    (a)        On August 6, President George Bush received an intelligence briefing, titled "BIN LADEN DETERMINED TO STRIKE IN THE U.S." that warned that bin Laden may attempt to hijack airplanes and that the Saudi millionaire’s terrorist organization wanted "to bring the fight to America."  This information was relayed to Bush after he had previously been supplied with intelligence of a more generalized quality that had indicated that al Qaeda was planning to attack the U.S or U.S. interests abroad.  (Eggen and Woodward 5-18-2002; CBS News 5-16-2002; Boncombe 5-19-2002).

     

        

     

    (b)        An intelligence officer told CBS News (5-16-2002) that a hijacking "was among the many things that we talked about all the time as a potential terrorist threat.  But when we talked about hijackings, we talked about that in the traditional sense of hijackings, not in the sense of somebody hijacking an aircraft and flying it into a building.  We talked about concern about the general noise level about al Qaeda planning and we were trying to figure out what they would do.  We never had specifics about time, place, MO (method of operation)."

     

       

     

    (c)        Dan Eggen and Bob Woodward (5-18-2002; see also Buncombe 5-19-2002) of The Washington Post revealed that according to their sources, the August 6 briefing had been a result of Bush’s request for "an intelligence analysis of possible al Qaeda attacks within the United States, because most of the information presented to him over the summer about al Qaeda focused on threats against U.S. targets overseas."  Furthermore they noted that the content of the memo, as described by their sources, "was focused primarily on a discussion of possible domestic targets."  This stands in stark contrast with what Condoleezza Rice had told reporters when she said that the memo had focused primarily on threats to U.S. interests abroad.  Additionally, the two reporters questioned the truthfulness of a statement given by Ari Fleischer.  Whereas The Washington Post’s sources insisted that the title of the memo was "Bin Laden determined to strike in America," Fleischer had stated that the title was "Bin Laden determined to strike America." The source of the terrorist threats contained in the August 6 memo reportedly came from British intelligence.  (Bennetto and Gumbel 5-18-2002)

     

       

     

    (d)           Commenting on the disturbing revelation, The New York Times pondered, "It was not clear this evening why the White House waited eight months after the terrorist attacks in New York and Washington to reveal what Mr. Bush had been told."  (Sanger 5-16-2002)

     

     

     

    (20)      August 2001.  The Case of Zacarias Moussaoui

     

     

    (a)        In August of 2001 the FBI was warned by a flight instructor in Oklahoma that an Arab student he was training could be a terrorist.  The FBI responded to the lead only after receiving repeated calls from the instructor.  He was arrested, but not intensely investigated until after 9-11, at which point it was discovered that he would have taken part in the 9-11 hijackings had he not been arrested.

     

     

     

    (b)        During the summer of 2001, Zacarias Moussaoui enrolled in a Pan Am flight school in Eagon, Minnesota.  He paid his $6,300 tuition in cash.  (Eggen 1-2-2002; Martin 5-27-2002)  After a short period of taking flight lessons at the school, it became obvious to the instructor that Zacarias had little hope of becoming a pilot.  Additionally, the student’s odd behavior arose suspicions.  He was notably unfriendly and insisted on training to fly a Boeing 747 despite the fact that he had little experience with even small planes.  (Eggen 1-2-2002; Barnett et al. 9-30-2001; Martin 1-5-2002; Martin 5-27-2002)  The instructor notified the FBI, conveying his suspicions that Moussaoui might be a terrorist.  It is not clear how quickly and competently the FBI responded because the accounts vary. 

     

     

     

    (c)        On August 16, Moussaoui was detained for immigration violations.  Here are some important aspects of the investigation that followed:

     

     

     

    (1)   FBI was immediately suspicious.  Investigators immediately suspected that Moussaoui was a terrorist.  (Rowley 5-21-2002; Eggen 1-2-2002)

     

     

     

    (2)   French intelligence revealed that Moussaoui was possibly an al Qaeda operative.  The FBI contacted the CIA and requested that a background check be performed on Moussaoui.  On August 26, French intelligence informed the CIA that Moussaoui had radical Islamic beliefs and indicated that his friend had fought in Chechnya with a group known to have ties to Osama bin Laden. The CIA relayed this information to the FBI.  (Rowley 5-21-2002; United Press International 9-14-2001; Gordon 12-21-2001; Eggen 1-2-2002; Margasak 5-24-2002; Risen 5-25-2002; Ridgeway 5- 28-2002)

     

     

     

    (3)   Investigators discovered he had previously trained at the same flight school where another known terrorist had attended.  Investigators learned about his lessons at the Airman Flight school in Norman, Oklahoma where he had been deemed such a poor pilot that he had not been allowed to fly the small planes by himself.  (Eggen 1-2-2002; Martin 1-5-2002)  This is the same flight school, where Abdul Hakim Murad had trained in preparation for an attack on the CIA headquarters.  This plan had been revealed in 1996 when Murad testified in Court during the trial of Ramzi Ahmed Yusef, the man who had been behind the 1993 bombing of the WTC.  After 9-11, authorities discovered that several of the 9-11 hijackers had trained there. (Martin 1-5-2002; Shelon 5-18-2002; Lewis 5-30-2002) 

     

     

     

    (4)   Personal notes written by a Minneapolis agent had speculated that perhaps Moussaoui was planning to "fly something into the World Trade Center." Newsweek reported, "When agents learned, from French intelligence, that he had radical Islamic ties, they sought a national-security warrant to search his computer - and got turned down.  From his e-mail traffic they found he wanted to learn to fly a 747 from London’s Heathrow to New York’s JFK. The agents held 'brainstorming’ sessions to try to figure out what targets might be en route.  The agents were 'in a frenzy,' 'absolutely convinced he was planning to do something with a plane,' said a senior official"  (cited in Isikoff 5-20-2002; see also Johnston 5-15-2002) During this brainstorming session, one of the agents wrote in the margins of his notes that perhaps Moussaoui was planning to "fly-something into the World Trade Center."  (cited in Isikoff 5-20-2002; see also Johnston 5-15-2002; Cloud, Fields, and Power 5-20-2002)  His notes were included in an internal report that did not leave the Minnesota office.  (Cloud, Fields, and Power 5-20-2002)

     

     

     

    (5)   Investigators were denied a warrant to search Moussaoui's computer hard drive.  The request for a search warrant was handled by lawyers at FBI headquarters and other FBI officials, who denied the request citing insufficient evidence.  (Rowley 5-21-2002; Cloud, Fields, and Power 5-20-2002; Eggen 5-27-2002)  At the same time the FBI was trying to secure a warrant, the U.S. attorney's office was also attempting to receive permission to access Moussaoui's hard drive from the Justice Department, which also turned down the request.  (Gordon 10-3-2002)  Even more interesting, the FBI office that was communicating with Minneapolis was the same one that had received the July 10 ' Phoenix memo.'  (CNN 5-27-2002; Martin 5-27-2002)  According to a 13-page letter sent by senior FBI agent and general counsel in the Minneapolis office, Colleen Rowley, senior officials at FBI headquarters provided a formidable barrier to further investigating the Moussaoui.  (Rowley 5-21-2002; Risen and Johnston 5-24-2002; Martin 5-27-2002; Meyers 5-28-2002; Eggen 5-27-2002)  In fact the Minneapolis agent went so far as to accuse headquarters of altering the search warrant application.  The New York Times reported, "Officials who have seen Ms. Rowley's letter say it accuses the supervisor of altering the application to play down the significance of information provided by French intelligence officials about Mr. Moussaoui's links to Islamic extremists," making "it all but impossible to convince the F.B.I.'s national security lawyers to pursue court authorization for the search."  (Rowley 5-21-2002; Risen 5-24-2002; see also Lumkin 5-25-2002; Martin 5-27-2002; Eggen 5-27-2002)

     

     

     

    (6)   The Minneapolis FBI office went behind the backs of their superiors to the CIA for help investigating Moussaoui.  The New York Times reported, "Ms. Rowley contended.  Ms. Rowley said Minneapolis agents became so frustrated by inaction at F.B.I. headquarters at one point that they went directly to the Central Intelligence Agency for help in building their case against Mr. Moussaoui.  Going behind the backs of their superiors was a breach of bureau protocol, and officials at headquarters reprimanded the Minneapolis agents, the officials said."  (Risen and Johnston 5-24-2002; see also Risen 5-24-2002; Cornwell 5-25-2002; Oliphant 6-2-2002)  The AP received excerpts of Ms. Rowley's letter, which read,  "When, in a desperate 11th-hour measure to bypass the FBI HQ roadblock, the Minneapolis division undertook to directly notify the CIA's counter terrorist center, FBI HQ personnel chastised the Minneapolis agents for making the direct notification without their approval."  (Rowley 5-21-2002; cited in Margasak and Solomon 5-24-2002; Martin 5-27-2002)

     

     

     

    (7)   After the attacks, authorities searched his hard drive, which had important information.  Immediately after the attacks the warrant was granted.  Interestingly, the FBI was granted the search warrant based on information that did not include the intelligence that had been supplied by France  (Rowley 5-21-2002).  The files on the hard drive revealed information about jetliners, crop dusters, and wind currents (Eggen 1-2-2002; Martin 1-5-2002).  Within hours, Moussaoui was traced to bin Laden (Gordon 5-19-2002) and linked to Khalid Almihdhar and Nawaf Alhazmi, two other 9-11 hijackers.  (Gordon 5-19-2002; Isikoff and Klaidman 6-10-2002)

     

     

     

    (8)   Minneapolis FBI agent, Colleen Rowley, took issue with Mueller's assertion that had the Minneapolis office received the warrant that nothing could have been done to prevent the attacks.  In her letter to Mueller, she wrote:  "The official statement is now to the effect that even if the FBI had followed up on the Phoenix lead to conduct checks of flight schools and the Minneapolis request to search Moussaoui's personal effects and laptop, nothing would have changed and such actions certainly could not have prevented the terrorist attacks and resulting loss of life.  With all due respect, this statement is as bad as the first!...I don't know how you or anyone at FBI Headquarters, no matter how much genius or prescience you may possess, could so blithely make this affirmation without anything to back the opinion up than your stature as FBI Director.  The truth is, as with most predictions into the future, no one will ever know what impact, if any, the FBI's following up on those requests, would have had.  Although I agree that it's very doubtful that the full scope of the tragedy could have been prevented, it's at least possible we could have gotten lucky and uncovered one or two more of the terrorists in flight training prior to September 11th, just as Moussaoui was discovered, after making contact with his flight instructors.  It is certainly not beyond the realm of imagination to hypothesize that Moussaoui's fortuitous arrest alone, even if he merely was the 20th hijacker, allowed the hero passengers of Flight 93 to overcome their terrorist hijackers and thus spare more lives on the ground.  And even greater casualties, possibly of our Nation's highest government officials, may have been prevented if Al Qaeda intended for Moussaoui to pilot an entirely different aircraft.  There is, therefore at least some chance that discovery of other terrorist pilots prior to September 11th may have limited the September 11th attacks and resulting loss of life."  (Rowley 5-20-2002; Martin 5-27-2002; Eggen 5-27-2002; Oliphant 6-2-2002)  After the publication of a significant portion of Rowley's letter, Robert Mueller III admitted that had the FBI responded differently to the warnings, the 9-11 attacks might have been averted.  (Lewis 5-30-2002; Oliphant 6-2-2002)

     

     

     

    (9)   Immediately after the attacks, Minneapolis agents 'joked' that FBI headquarters must have spies or moles working for Osama bin Laden.  In the endnotes of her letter, Colleen Rowley explained:  "During the early aftermath of September 11th, when I happened to be recounting the pre-September 11th events concerning the Moussaoui investigation to other FBI personnel in other divisions or in FBI HQ, almost everyone's first question was "Why? --Why would an FBI agent(s) deliberately sabotage a case?  (I know I shouldn't be flippant about this, but jokes were actually made that the key FBI HQ personnel had to be spies or moles, like Robert Hansen, who were actually working for Osama Bin Laden to have so undercut Minneapolis' effort.)'  (Rowley 5-21-2002; Martin 5-27-2002; Meyer 5-28-2002).

     

     

     

    (21)      August 23, 2001.  CIA memo: the case of Kahlil Almihdar and Nawaf Alhamzi

     

     

     

    On August 23, the CIA issued an urgent alert that put two men known to have ties to al Qaeda, Khalid Almihdar and Nawaf Alhamzi on a 'watch list.'  Post 9-11 investigations revealed that the CIA had long been aware that these two hijackers were connected to al Qaeda and had entered the U.S. in January of 2000.  It was further revealed that the CIA did not notify the FBI, INS, or the State Department at that time, but instead waited until just 19 days before the terrorist attacks.  Here is a timeline of events relating to these two men:

     

     

     

    (a)        Late December of 1999.  The CIA discovered through communications surveillance on an al Qaeda safe house in Yemen that Muslim radicals with ties to al Qaeda, including Kahlil Almihdar and Nawaf Alhamzi, would be meeting together in a condo in Kuala Lumpur, Malaysia.  The safe house was owned by the Yemeni bin Laden supporter, Ahmed al-Hada, who was the father-in-law of Kahlil Almihdar.  The CIA notified Malaysian intelligence, the Special Branch, and requested that an agent follow and take pictures of the men during their stay in Kuala Lumpur.  (Isikoff and Klaidman 6-10-2002; Becker and Johnston 6-3-2002; Scotsman 6-3-2002; Price 6-3-2002; Eggen and Pincus 6-4-2002)

     

     

     

    (b)   January 15, 2000.  On January 15, shortly after the January 6 meeting in Kuala Lumpur, Nawaf Alhazmi and Khalid Almihdhar (Almihdhar had obtained a multiple-entry visa) arrived at New York's JFK airport.  While the CIA was immediately aware of Almihdhar's arrival, they reportedly did not learn of Alhazmi's presence until March 2000 when they received word from a foreign intelligence agency  (Isikoff and Klaidman 6-10-2002; Becker and Johnston 6-3-2002; Scotsman 6-3-2002).  Though the CIA reportedly passed on this intelligence to the FBI via e-mail (Risen 6-3-2002; Eggen and Pincus 6-4-2002), the correspondence left out key information, such as the fact that the two men had been linked to the Cole bombing and that they had visited the U.S. Moreover, the information was never relayed to the INS or the U.S. State Department (Risen 6-3-2002).  The CIA just let them breeze right into the U.S. despite the fact that "as 2000 dawned, U.S. law-enforcement agencies were on red alert, certain that a bin Laden strike somewhere in the world could come at any moment."  And once these two men were safely in the country, no government agency monitored their activities or their whereabouts (Isikoff and Klaidman 6-10-2002).

     

     

     

    (c)    January 15, ????   Malaysian authorities continued to monitor the Kuala Lumpur condo, but notably, the CIA lost interest.  Newsweek reported that had the CIA followed up in events in Malaysia, they would have been led to Zacarias Moussaoui.  The magazine reported: "Had agents kept up the surveillance, they might have observed another beneficiary of Sufaat's charity: Zacarias Moussaoui, who stayed there on his way to the United States later that year.  The Malaysians say they were surprised by the CIA's lack of interest following the Kuala Lumpur meeting.  'We couldn't fathom it, really,' Rais Yatim, Malaysia's Legal Affairs minister, told NEWSWEEK.  'There was no show of concern.' " (Isikoff and Klaidman 6-10-2002)

     

     

     

    (d)   September 2000.  "Alhazmi opened a $3,000 checking account at a Bank of America branch.  The men also used their real names on driver's licenses, Social Security cards and credit cards.  When Almihdhar bought a dark blue 1988 Toyota Corolla for $3,000 cash, he registered it in his name.  (He later signed the registration over to Alhazmi, whose name was on the papers when the car was found at Dulles International Airport on September 11.)"  (Isikoff and Klaidman 6-10-2002;)

     

     

     

    (e)    October 2000.  In the aftermath of the Cole bombing the subsequent investigations led to a one-legged al Qaeda fighter by the name of Tawfiq bin Attash.  When the CIA pulled a file on him they "discovered pictures of him taken at the Kuala Lumpur meeting.  In one of the shots, he is standing next to Almihdhar . . . yet the agency still did nothing and notified no one" with regards to Almihdhar whom the CIA knew had been in the U.S.  (Isikoff and Klaidman 6-10-2002; Eggen and Pincus 6-4-2002)

     

     

     

    (f)     Mid-to late 2000 until July 4, 2001.  Almidhar left the U.S. and spent the next few months in the Middle East and Southeast Asia .  When it came time for him to return, his visa had already expired.  This apparently was not a problem.  He simply went to a consulate in Saudi Arabia and received a new one and on July 4, 2001 he returned to the U.S., arriving in New York City's JFK Airport.  (Isikoff and Klaidman 6-10-2002; Drogin, Lichtblau, and Krikorian 10-18-2002; see also Martin 1-18-2002; Price 6-3-2002)

     

     

     

    (g)    Early 2001.  After two unsuccessful experiences at two California flight schools, Alhazmi went to Phoenix for additional training.  While in Phoenix, he met up with Hani Hanjour, another 9-11 hijacker.  (Isikoff and Klaidman 6-10-2002)

     

     

     

    (h)   August 23.  Presumably spurred into action by the numerous explicit and implicit warnings of imminent terrorist attacks, CIA Director George Tenet had his staff look through the files for any possible terrorists.  It was immediately discovered that both Almihdhar and Alhazmi were in the U.S.   (Isikoff and Klaidman 6-10-2002; Becker and Johnston 6-3-2002; Scotsman 6-3-2002; Price 6-3-2002)  By that time, the two were confirmed to have links to Egyptian Islamic Jihad operatives (Drogin, Lichtblau, and Krikorian 10-18-2002).  According to Newsweek, that same day, the CIA "sent out an urgent cable, labeled IMMEDIATE, to the State Department, Customs, INS and FBI, telling them to put the two men on the terrorism watch list"  (Isikoff and Klaidman 6-10-2002; Becker and Johnston 6-3-2002; Scotsman 6-3-2002).  Although the FBI denied that the cable was labeled urgent, agents quickly set out on the trail to locate the two men, which of course they failed to do.  As it turned out, both of the men had been living in San Diego and Alhazmi's real name was listed in the phone book.  The Los Angeles Times reported, "that a simple check of public records and addresses from the California Department of Motor Vehicles would have shown the FBI that Almihdhar and Alhazmi had been living at a series of addresses in the San area."  (Drogin, Lichtblau, and Krikorian 10-18-2001; Isikoff and Klaidman 6-10-2002; see also Martin 1-18-2002; Scotsman 6-3-2002).  A Newsweek article concluded:

     

     

     

    "The FBI's claim that it could have unraveled the plot by watching Alhazmi and Almihdhar, and connecting the dots between them and the other terrorists, seems compelling.

     

     

     

    The links would not have been difficult to make: Alhazmi met up with Hanjour, the Flight 77 pilot, in Phoenix in late 2000; six months later, in May 2001, the two men showed up in New Jersey and opened shared bank accounts with two other plotters, Ahmed Alghamdi and Majed Moqed.  The next month, Alhazmi helped two other hijackers, Salem Alhazmi (his brother) and Abdulaziz Alomari, open their own bank accounts.  Two months after that, in August 2001, the trail would have led to the plot's ringleader, Mohamed Atta, who had bought plane tickets for Moqed and Alomari.  What's more, at least several of the hijackers had traveled to Las Vegas for a meeting in summer 2001, just weeks before the attacks.  "It's like three degrees of separation," insists an FBI official.

     

     

     

     

     

    (22)      September 7, 2001. State Department memo

     

     

     

    On September 7, 2001, the State Department issued a memo warning that Americans "may be the target of a terrorist threat."  It is not clear what exactly prompted the State Department to issue this warning.  While several federal agencies claimed that they received no word of this warning, there is evidence that at least one airport may have been informed of the memo.  According to the San Francisco Chronicle, "someone in the airport security section knew of it and passed word of the warning onto Mayor Willie Brown when he called to check on the status of flight he was planning to take to New York."  (Matier and Ross 9-14-2001)

     

     

     

    D.        Evidence that, prior to 9/11, U.S. intelligence had knowledge that terrorists might use commercial airliners as weapons.

     

     

    (1)        1993 book mentioned possibility of suicide air bombings

     

     

    In 1993, Yoseff Bodansky (1993), director of the congressional Task Force on Terrorism and Unconventional Warfare, wrote the report, Target America: Terrorism in America, in which he claimed that there were airport-training camps in Iran dedicated to hijacking and suicide air bombings.  (see also Gul 11-8-2001; McCarthy 2-1-2002; Chin 5-19-2002)  Here are some selected quotes from that report:

     

     

     

                                        (a)        "The training of suicide pilots started in the Busher air base in Iran in the early 1980s with some 90 Pilatus PC-7 aircraft purchased from Switzerland."

     

     

     

                                        (b)                 "The leading terrorists are known as 'Afghans,' having been trained with the mujahadeen in Pakistan.  Some fought in Afghanistan.   Muslim volunteers from several Arab and Asian countries were encouraged to come to Pakistan and join the Afghan Jihad."

     

     

     

                                        (c)                 "According to a former trainee in Wakilibad (a base for the training of kamikaze pilots), one of the exercises included having an Islamic Jihad detachment seize (or hijack) a transport aircraft. Then trained air crews from among the terrorists would crash the airliner with its passengers into a selected objective"  (cited in Chin 5-19-2002)

     

     

     

    (2)        1993 DOD brainstorming session raised possibility of suicide hijackings

     

     

    In 1993, the Defense Department's Office of Special Operations and Low-Intensity Conflict held a conference to brainstorm on possible terrorist attack scenarios.  According to Air Force Colonel Doug Menarchik the results of the study were not published out of fear that it might inspire potential terrorists.  One of the possibilities discussed was the use of planes to bomb national landmarks.  (Steven and Warrick 10-2-2001; Martin 1-16-2002)

     

     

    (3)        1994. Terrorism expert raised possibility of suicide bombings

     

     

    In 1994, the terrorism expert Marvic Cetron, submitted a report to the Pentagon warning of the possibility of terrorists using hijacked airplanes to bomb American targets.  He told ABC News, "We knew that was going happen and we were scared."  ABC news (2-18-2002) reported, "But Cetron said Pentagon officials told him to delete the warning from the report.  ''I said, 'It's unclassified, everything is available,' and they said, 'We don't want it released because you can't handle a crisis before it becomes a crisis, and no one is going to believe it anyhow,'' Cetron said.  Even with the warnings of an airborne attack deleted, the report was not released to the public."

     

     

    (4)        1994. A man flew a small plane into tree in front of White House

     

     

    In September of 1994, a man stole a small plane and crashed it into a tree in front of the President's bedroom at the White House.  (Wald 10-3-2001; Martin 1-16-2002)

     

     

    (5)        1994. Terrorists intended to crash a hijacked airliner into Eiffel tower

     

     

    In December of 1994, hijackers attempted to carry out a plan to crash an Air France plane into the Eiffel tower.  They were thwarted in Algiers when a French swat team stormed their plane as they waited for it to be filled with three times the needed fuel for the short flight to Paris.  (Wald 10-3-2001; Martin 1-16-2002; Los Angeles Times 9-27-2001)

     

     

    (6)        1995. Project Bojinka: plans were uncovered by Philippine authorities to crash hijacked plane into CIA headquarters

     

     

    (a)        In January of 1995, Filipino police uncovered a plan referred to as "Project Bojinka" to blow-up eleven [11] planes simultaneously in the air and crash another plane into the CIA headquarters in Langley, Virginia.  Another plane was to be flown into the Pentagon.  One report that was issued by the Filipino police stated, "Murad's idea is that he will board any American commercial aircraft pretending to be an ordinary passenger, then he will hijack said aircraft, control its cockpit and dive it at the CIA headquarters.  There will be no bomb or any explosive that he will use in its execution.  It is a suicidal mission that he is very much willing to execute."  The informant, Abdul Hakim Murad, had himself trained at a flight school in Norman, Oklahoma.  According to the AP, "Murad, who later claimed he was tortured during his interrogations, detailed to Filipino authorities how he and a Pakistani friend crisscrossed the United States, attending flight schools in New York, Texas, California and North Carolina on his way to earning a commercial pilot's license."  (cited in Gomez and Solomon 3-5-2002; see also Baker et al. 10-23-2001; Fainaru and Grimaldi 9-23-2001; Ressa 9-18-2001; Martin 1-16-2002; Grigg 3-11-2002; Shelon 5-18-2002; Hersh and Isikoff 5-27-2002; Public Information Center 5-2002)

     

     

     

    (b)        Some time during 1995, a suspect in the 1993 bombing of the World Trade Center, Ramzi Ahmed Yousef, revealed information about the same plan.  (Public Information Center 5-2002; Martin 1-16-2002; Grigg 3-11-2002)

     

         

     

    (c)        After the above revelation, "FBI agents descended upon the flying schools in 1995, and returned to some of those locations immediately after Sept. 11."  (Gomez and Solomon 3-5-2002)

     

     

     

    (7)        1996. U.S. officials considered possibility of terrorists hijacking a commercial airliner and slamming it into the Olympic games in Atlanta

     

     

     

    In 1996, U.S. officials considered the possibility of terrorists using hijacked airliners or crop dusters to stage an attack on the Olympic games in Atlanta a realistic threat.  In order to prevent such a scenario, the authorities patrolled the skies with Black Hawk Helicopters and US Customs service jets.  (Feinman and Pasternak 11-17-2001; Martin 1-16-2002)

     

     

    (8)        September 1999.  A report commissioned by government mentioned possibility that terrorists could hijack commercial jets, load them with explosives and crash them into the Pentagon, CIA or White House

     

     

    In September of 1999, the author of a report prepared by the Federal Research Division of the Library of Congress surmised that "Suicide bomber(s) belonging to al-Qaeda's Martyrdom Battalion could crash-land an aircraft packed with high explosives (C-4 and semtex) into the Pentagon, the headquarters of the Central Intelligence Agency or the White House."  (Hudson 2-1999; cited in Solomon 5-17-2002; ABC News 5-17-2002; Eggen and Woodward 5-19-2002)

     

     

    (9)        Security officials for 2000 Olympic games in Sydney considered possibility of terrorists crashing a hijacked jet into the opening ceremony

     

     

    Officials in charge of security at the 2000 Olympic games in Sydney had considered the possibility of a terrorist attack involving "a fully loaded, fuelled airliner crashing into the opening ceremony before a worldwide television audience."  (cited in Magnay 9-20-2001; Martin 1-16-2002)

     

     

     

    (10)      October 24-26, 2000 Pentagon officials carry out a "detailed" emergency drill based upon the crashing of a hijacked airliner into the Pentagon

    "You get to see the people that we'll be dealing with and to think about the scenarios and what you would do," Sgt. Kelly Brown said. "It's a real good scenario and one that could happen easily." (Military District of Washington News Service, 11/03/00)  The Pentagon is such an obvious target that, "For years, staff at the Pentagon joked that they worked at "Ground Zero", the spot at which an incoming nuclear missile aimed at America's defenses would explode.  There is even a snack bar of that name in the central courtyard of the five-sided building, America's most obvious military bulls eye."  (Telegraph, 9/16/01)

    (11)   Summer 2001.  U.S. officials were concerned that terrorists might crash a commercial airliner into Genoa Summit

    In the summer of 2001, U.S. officials were warned of a planned attack using an airplane to assassinate Bush during the Genoa Summits.  The Los Angeles Times (9-27-2001) reported, "U.S. and Italian officials were warned in July that Islamic terrorists might attempt to kill President Bush and other leaders by crashing an airliner into the Genoa summit of industrialized nations, officials said Wednesday.  Italian officials took the reports seriously enough to prompt extraordinary precautions during the July summit of the Group of 8 nations, including closing the airspace over Genoa and stationing antiaircraft guns at the city's airport."

    (12)         Dates unknown "Prior to 9-11" NORAD had considered the possibility that hijackers might crash a jet into a target on American soil

    General Ed Eberhart of North American Aerospace Defense Command (NORAD) admitted       that NORAD had practiced responding to such a scenario where terrorists hijack a plane and attempt to crash it into a target in the U.S.  (Shuger 2-16-2002)

    (13)      Dates unknown

    Buried within some 350,000 pages of documents handed over by the CIA to the Congressional 9-11 investigation, were "Reports discussing the possibility of suicide bombings, plots to fly planes into buildings and strikes against the Pentagon, World Trade Center and other high-profile targets."  (cited in Diamond 6-3-2002).

    62. Plaintiff asserts the above documented facts which will be confirmed through discovery and upon testimony at trial, has established a prima facie case that Defendant GWB was fully knowledgeable the events of "911" were going to happen, failed to act and prevent and is accountable under the RICO Act for his wrongful acts and omissions.

     

    Count V

    Defendant GWB's Administration's failure to act and warn the American People caused

    Plaintiff unimaginable mental, emotional, physical and financial injury as a result

    of the Wrongful Death of her husband

     

    63.       Plaintiff incorporates by reference all prior allegations in this Complaint as if fully set forth herein at length.

    64.       Defendant GWB, et al., as early as August 2001, was warned by Israelis and will be proven by GWB's intelligence briefings and other credible information prior to "911"which could have prevented the attacks which lead to the death of her husband and thousands of other innocent lives.  If the Defendants acted in the best interests of the national security of the United States of America, her husband and thousands of other innocent lives would have been saved.

    65.       During the period of time in which the terrorists seized control of the aircraft, the passengers suffered physical personal injuries, pain and suffering, extreme emotional distress, terror, property damage, and other damage, including Louis Neil Mariani, during the seizure and subsequently while the aircraft was violently controlled by the terrorists in unexpected directions, subjecting the passengers to unusual G-forces.

    66.       Thereafter, the aircraft crashed into the South Tower of the World Trade Center, as a result of the deliberate acts of the terrorists who seized physical control of the aircraft, resulting in further damages and injuries to Louis Neil Mariani, and damage to the personal property of Louis Neil Mariani, which ultimately resulted in the untimely death of Louis Neil Mariani.

    67.       As a direct and proximate result of the conduct of Defendants herein, and each of them, a measurable and significant period of time from the first trauma causing injury to decedent and/or the time Louis Neil Mariani was otherwise first injured before Louis Neil Mariani's death such that Louis Neil Mariani consciously suffered injuries and damages for a measurable period of time before death.

    68.       As a direct and proximate result of the misconduct of Defendants, Louis Neil Mariani's death, Louis Neil Mariani's personal property, and the use thereof, were damaged, destroyed, and tortuously interfered with, all to the damage of Louis Neil Mariani, according to proof.

    69.       As a direct and proximate result of the misconduct of Defendants, Louis Neil Mariani died and his wrongful death beneficiaries have been, and continue to be, deprived of Louis Neil Mariani's future services, support, and other economic losses, according to proof.

    70.       As a direct and proximate result of the misconduct of Defendants, Louis Neil Mariani died and his wrongful death beneficiaries have suffered, and continue to suffer, non-economic damages which include, among other things, loss of comfort, care, society, love, affection, guidance, presence, attention, companionship, and protection, according to proof.

    71.       As a direct and proximate result of the conduct of Defendants, and each of them, Louis Neil Mariani died, and Louis Neil Mariani's wrongful death beneficiaries have incurred funeral, burial, travel, and related expenses and property damage, according to proof.


    Count VI

    Defendants' Intentional, Deliberate, Willful Wrongful Acts and Omissions

    constitute an "on-going pattern of criminal activity and obstruction of justice" for

    Plaintiff to support a Civil Claim under the

    Racketeering Influenced and Corrupt Organization Act (RICO)[28]

     

    72.       Plaintiff incorporates by reference all prior allegations in this Complaint as if set forth fully herein at length.

    73.       Plaintiff asserts and will produce at trial, bona fide evidence showing Defendants have engaged in a long "pattern of criminal activity" and on-going pattern of "criminal obstruction of justice" constituting continual, long-term criminal modus operandi that have the same or similar purposes, results, participants, and victims and the threat of continuing activity, interrelated by distinguishing characteristics.  Plaintiff believes the attacks of "911" that resulted in the murder of her husband and the magnitude of the crisis is readily apparent by noting that "911" serves as a pretext for a never-ending war against the world, including preemptive strikes against defenseless, but resource rich countries.  It also serves as a pretext for draconian measures of repression at home, including the cabinet level Department of Homeland Security and Patriot Act I and its sequel and once the truth is exposed in this matter, the primary beneficiaries of "failing to act and prevent" the "911" attacks on America include Defendant GWB, his family, "political supporters" and Defendant friends who have made hundreds of millions off the "IWOT" as of this date.  

    74.       Plaintiff will establish a prima facie case under the RICO Act and due to her   "standing" and the courage to put a halt to this destructive course Defendant GWB's has set our Nation on by his illegal IWOT, deserves this Court's attention for the good of the American People and for Plaintiff to seek personal justice for the murder of her husband Louis Neil Mariani. 

    75.       The following "patterns of criminal activity" and "obstruction of justice" based upon Defendant GWB and his Administrations and family's complicity in "911," namely Defendant GHB will set the foundation for this RICO claim and historical reforms to restore America's honor and integrity once again and to show the people of the world, not only have they been betrayed, but, so have the majority of Americans who fear even speaking their minds due to the Patriot Act and other tactics of the GWB Administration, to include engaging America in an illegal war with Iraq[29].

    76.       Plaintiff will establish beyond any doubt that Defendant GWB and his father Defendant GHB have long held ties with alleged mastermind of the "911" attacks "OBL" and his family and these ties remain on-going "behind the scenes" to date.  And that the history of these ties deserve extreme scrutiny to understand the Defendants' inexplicable behavior before, during, and after the events of "911" [30] 

    77.       Plaintiff, through the assistance of former federal employees as with the attached sworn affidavit of Tim McNiven will establish through discovery and trial testimony the critical ties between the OBL and Bush families to provide the foundation to support this cause of action and specifically this RICO Act claim.  The bottom line sinister fact to support Plaintiff's Complaint and assertions in her "open letter" to Defendant GWB is the fact that members of Defendant GWB's administration to include Defendant GHB profiting financially and/or politically from the evil events of "911."  Due to the nature and serious charges made herein, Plaintiff reasonably believes upon the ability to obtain this Honorable Court's subpoena power the fact that Defendants GHB, Cheney and their associates and supporters are making billions of dollars from the illegal "IWOT;" the truth of "911" will finally be told and it will be up to this Court to ensure justice for Plaintiff and all victims of "911" is administered for the good of the Nation.  The nexus with Defendant GHB and the 'Carlyle Group" and Defendant Cheney's Halliburton and Bin Laden family connections go to the heart of this RICO Act claim.[31]

    78.       Plaintiff will prove to a jury of her peers and for the good of her Nation, the events of "911" could have and should have been prevented by Defendant GWB and his top cabinet members.  However, the truth of the matter is that Defendants long before they obtained control of the White House, planned the takeover of Iraq and to achieve their personal goals and agendas allowed "911" to happen to create an "IWOT."

    79.       Plaintiff will prove Defendants have engaged in both intentional and deliberate violations of the RICO Act and the following are several examples of a long train of abuses directly by Defendant United States of America and specifically the Bush Family:

                 a.         Plaintiff will show, the plans for global domination developed by those of Project for the New American Century, a neoconservative think tank formed in the Spring of 1997, are also a matter of public record.  These plans included specifics for taking military control of Central Asia, including regime change in Iraq. The primary architects of these plans include Defendants Paul Wolfowitz, Richard Perle, Richard Cheney and Donald Rumsfeld, all part of the first Bush administration ousted by Bill Clinton and now back in power with Defendant George W. Bush.

                b.         Plaintiff will prove, the "911" attacks came at an extremely fortuitous time for the Bush administration, the Pentagon, the CIA, the FBI, the weapons industry, and the oil industry, all of which have benefited immensely from this tragedy. 

                c.         Plaintiff will demonstrate as Hitler was able to play the anti-communist card to win over skeptical German industrialists, the Bush family is not a newcomer to melding political and business interests.  As history and evidence proves, the Bushes got their start as key Hitler supporters.  Prescott Bush, father of George Bush Sr., was Hitler's banker and propaganda manager in New York, until FDR confiscated his holdings.  Defendant George Bush Sr. used Manuel Noriega as a scapegoat, killing thousands of innocent Panamanians in the process of re-establishing U.S. control over Panama.  It is also widely believed that Defendant George W. Bush administration knowingly misled the people about the war in Iraq.

                 d.         Plaintiff will prove there are precedents for these kinds of acts of complicity and fabrications to support the RICO Act basis of this Complaint such as;  (1), the contemplation of terrorist attacks on U.S. citizens by the CIA is a matter of public record by release of previously classified "Operation Northwoods" documents.  These documents reveal that in 1962, the CIA seriously considered the possibility of carrying out terrorist attacks against US citizens, in order to blame it on Cuba.  The plans were never implemented, but were given approval signatures by all the Joint Chiefs of Staff.  The plan included several options, including killing Cuban defectors or U.S. soldiers, sinking ships, and staging simulations of planes being shot down done to blame on Castro as a pretext for launching a war against Cuba. The plan specifically stated, "Casualty lists in US newspapers would create a helpful wave of national indignation."  Other factual matters of democracies being hoaxed include the sinking of the Maine, Pearl Harbor bombardment, which President Roosevelt is believed to have known about beforehand, and the hoax of the Gulf of Tonkin provocation.  Furthermore, as of recent history, namely, Gulf War I, the very Defendants who make up Defendant George W. Bush's administration were the key players, minus Defendant George H. Bush, Sr. who supplied Iraq with its Weapons of Mass Destruction (MWD) and then went to war to destroy the evidence while still, hundreds of thousand of Gulf War I veterans and their families suffer from known toxic exposures yet to be addressed by the very Defendants in this lawsuit.

    80.       Plaintiff understands the claims and assertions made herein might prove to be extremely shocking to most Americans who could not imagine that their government officials could have any complicity in the "911" attacks but all available evidence indicates this appears to be truth and the truth must finally be conclusively investigated and disclosed in this Honorable Court.  Plaintiff further asserts, the wanton acts of Defendants to allow the "911" attacks to profit personally and politically from the ensuing emergency and war is hardly a new phenomenon in history. Similar pretexts have been exploited since the Roman era and in more recent times have been used to launch the US-Mexican War, the Spanish-American War, Hitler's invasion of Poland, the Tonkin Gulf resolution, the Argentinean Falkland War, etc. The Defendants have merely revived this proven stratagem for their own ends and benefit at the cost of American lives including Plaintiff's husband Louis Neil Mariani.

    81.      Plaintiff believes it is noteworthy to close this RICO Act Count with the observations of Canadian social philosopher John McMurtry: 

    "To begin with, the forensic principle of 'who most benefits from the crime?' clearly points in the direction of the Bush administration. . .The more you review the connections and the sweeping lapse of security across so many coordinates, the more the lines point backwards [to the White House]."

     

    Count VII

    Wrongful Death - Negligence, Negligence Per Se; Reckless Conduct,

    Conscious Disregard for the Rights and Safety of the American Public

    Warrant Punitive Damages

     

    82.       Plaintiff incorporates by reference all prior allegations in this Complaint as if set forth fully herein.

    83.       At all times pertinent to the highjacking of United Airlines Flight 175, Defendants owed a duty to Louis Neil Mariani, to at least make an attempt to prevent his untimely and wrongful death.  Defendants' failure to do so, was a direct and proximate result of Plaintiff Louis Neil Mariani's wrongful death and compensatory and punitive damages against all Defendants officially and in their individual capacities is warranted in this matter and falls within the jurisdiction of this Honorable Court.

    84.       Plaintiff on behalf of herself and the Estate of Louis Neil Mariani, deceased, is entitled to bring this cause of action for such damages, which survive his death outside the unconstitutional jurisdiction of the "Stabilization Act" and possesses standing for all other declaratory and injunctive relief the Court deems appropriate in the search of truth as to how and why the attacks of September 11, 2001, occurred.

    85.       Plaintiff asserts all Defendants, acting both officially and individually are exempted from "immunity" and the RICO Act, minus any arguments of the Defendants is the exclusive jurisdiction due to the grave national security and public trust matters presented herein. 

    86. Plaintiff asserts, her tax money and that of her fellow citizens should not be used to silence the truth by the Department of Justice (DOJ), but to find the truth and responsible "terrorists" and Defendant Ashcroft's failure to prosecute any alleged terrorist(s) to date provides even more merit for this matter to be judicially reviewed.

     

    REQUESTED RELIEF

     

    87. WHEREFORE, Plaintiff, ELLEN M. MARIANI, Individually, and as Administratrix of the Estate of Louis Neil Mariani, prays this Honorable Court will grant judgment against Defendants as hereinafter set forth:

    a.       For general damages in an amount according to proof at trial;

    b.      For economic damages according to proof at trial;

    c.       For property damage and loss of use of property according to proof at trial;

    d.      For funeral, burial, transportation, and related expenses according to proof;

    e.       For damages for the Estate of Louis Neil Mariani for survival damages;

    f.        For punitive damage and all treble damages based on compensatory damages per RICO statute as allowed by law according to proof;

    g.       For prejudgment interest as allowed by law;

    h.       For all compensatory damages for pain and suffering, etc;

    i.         For all costs of suit, including attorney fees, investigators and other related fees and costs pursuant to 42 U.S.C. § 1988 or/and the Private Attorney General Act according to proof incurred herein;

    j.        For all special damages in the amount of $911 million according to proof; and

    k.      For such other and further extraordinary declaratory and injunctive relief as this Honorable Court may deem just and proper on behalf of Plaintiff and others similarly situated and to preserve the United States Constitution and national security of the United States of America .

     

    CONCLUSION

                Plaintiff Ellen Mariani's Complaint under the RICO Act is unique wherein the facts and circumstances giving rise to this action are daily being played out and the "obstruction of justice" by Defendant GWB is an ongoing pattern of misconduct to silence the truth of "911."  In the wake of the murder of her husband and the mountain of evidence that shows Defendant GWB, et al., have lied and betrayed the American People as a whole and the truth of "911" must be found in this Honorable Court. 

    Plaintiff asserts and concludes, for far too long in our Nation's history federal employees such as Defendants in this case have lied, betrayed and abused their constitutional oaths and the public's trust for personal gain and/or political motives.  Defendants must be held to account for their actions prior to and after "911" for the good of our Nation and our security.  Anything less, will render the United States Constitution and our leaders' ritual vows "to preserve and protect our Constitution against all enemies foreign and domestic" meaningless.  this matter for historical reasons must be venued in the City of Philadelphia,Commonwealth of Pennsylvania, where the United States Constitution was written and signed and specifically attacked in of itself on "911." [32]

                Plaintiff asserts, on "911" Defendants engaged her nation in a "preventable" war on international terrorism for self-gain and personal agendas.  In the interests of justice and to preserve our constitutional freedoms and democratic way of life, Defendants must be held to defend this Amended Complaint so the "truth" is presented to all Americans and to show behind the cloak of "national security" and "executive privilege" Defendant USA et al., specifically the Bush Family and cronies have abused their public powers with little regard for life, liberty and what is best for her nation.  Defendants have betrayed us all and this Amended Complaint rises above any defenses based upon immunity as the murder of her husband and thousands of other innocent victims on "911" must not and cannot be silenced in the only constitutional venue to find the truth in this matter, this Honorable Court. 

                Plaintiff's Complaint rises above and crosses all political party lines and is a direct call upon the federal courts to uphold the "separations of powers" clause under the United States Constitution.  It must be emphasized that no one in the Federal Government has ever been held accountable, civilly, criminally or through military dereliction of duty, for the events of  "911."  It is simply hard to imagine on "911" thousands of innocent people were murdered and to date, not even one terrorist or federal employee has been brought to justice for the worst attacks against the United States of America in our history.

                Accountability, disclosure of the truth as to how and why "911" occurred and responsibility to preserve our constitutional system of government now rests with this Honorable Court.  For these historic purposes, no other case, past, present or future will matter if Plaintiff Ellen Mariani is not afforded her inalienable constitutional right to be heard and compel Defendant George W. Bush to answer why he failed to act and prevent the murder of her husband, Louis Neil Mariani.  Plaintiff asserts, it is quite obvious now that even the most outspoken of critics such as former "911 Commissioner" Senator Max Cleland who once called the "911" White House deal with the Commission to provide limited access to Defendant "PDB's" [Presidential Daily Briefings] "a national scandal," has now accepted a position by Defendant George W. Bush to serve on the Import-Export Bank thus removing him from the "911" Commission's search for the truth, which will only be found through litigation of this matter.  Plaintiff's success in uncovering the truth surrounding the "911" attacks will be a victory for all Americans who cherish their freedom and our Constitutional system of government.  No more can so few control so many for self gain and personal agendas as will be proven at trial in this historic case which will ultimately ensure "checks and balances" on power in our federal government.

     

                                                                                        Respectfully submitted,

     

    Dated: 11-26-03                                                                   /s/

     

    ______________________________

     

    Philip J. Berg, Esquire

    706 Ridge Pike

    Lafayette Hill, PA 19444-1711

    Attorney for Plaintiff

    (610) 825-3134; Fax (610) 834-7659

     

     

    --------------------------------------------------------------------------------

     

    [1]Plaintiff has reasons to believe once her cause of action is set for trial the facts, circumstances and substantial evidence will meet the requirements of Federal Rules of Civil Procedure, Rule 23, "Class Actions" as this matter is representative of a numerous class of Americans wherein its claims, questions of law and fact are common and Plaintiff will represent all parties fairly and adequately who are compelled to join this civil action and are similarly situated.  

    [2]Defendant Bush, (hereinafter "Defendant GWB"), as President of the United States of American and Commander-in-Chief of the United States Armed Forces under the provisions of the United States Constitution and National Security Act of 1947, entered into force on September 19, 1947, has exclusive oversight of the official and individual willful and ill-intentioned misconduct of all named and unnamed federal employees Defendants in this cause of action. 

    [3] Defendant "CFR" et. al, associated with this organization at all times relevant to the claims giving rise to this cause of action are believed to have provided Defendant GWB, et al., while acting under color of federal law with critical national security advice not believed to be in the best interests of the Plaintiff and the American Public. Defendant "CFR" and its members have long held positions of power in the United States Government and their involvement and knowledge of the pre-"911" national security matters are very much relevant for Plaintiff to obtain judicial vindication in this matter. 

    [4] Defendant George H. Bush's long involvement in the United States Government and his known business relations with the Bin Laden family and presence with Defendant Dick Cheney on "911" at the White House provides solid justification to support Plaintiff's basis and nexus to support her bona fide and provable Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961(1) and 1964(a)(c) claims against "The Bush Family."

    [5] Defendants as cited by name in the caption of this lawsuit are also responsible for various agencies; agents and relevant individuals believed to be liable to Plaintiff and will be cited in appropriate areas as necessary in the body of this amended complaint and further identified during discovery. Specifically, NORAD under DOD and FAA under DOT jurisdiction respectively, are key Defendants in this matter to support Plaintiff's claim Defendants "failed to act and prevent" the pre-known potential attacks on her country leading to the murder of her husband.

    [6] Plaintiff commenced this civil action on September 12, 2003, by filing of complaint with this Honorable Court.  Since Plaintiff's initial filing and the 'firestorm" surrounding Defendant GWB's refusal to comply with the "911 Commission," and other relevant additional facts and evidence arose requiring the Complaint to be amended before serving Summons and Complaint as initially filed.  Plaintiff still satisfies the Rule 4(m) to serve Defendants within the 120-day requirement.  At the time of filing of this Amended Complaint Defendants have yet to file and serve any responsive pleadings in this matter.

    [7] The Commission is tasked with "providing an authoritative account of the attacks of September 11, 2001, and [making] recommendations as to how to prevent such attacks in the future." More specifically, the commission is mandated to investigate "facts and circumstances relating to the terrorist attacks," including those relating to intelligence and law-enforcement agencies, diplomacy, immigration, nonimmigrant visas and border control, the flow of assets to terrorist organizations, commercial aviation, the role of congressional oversight and resource allocation and other areas determined relevant by the commission.

    [8] Under Civil RICO Plaintiff is afforded a four (4) year statute of limitation to bring this cause of action.  Plaintiff's Complaint is timely filed as the events giving rise to this action occurred on September 11, 2001, therefore filed well in advance of the September 11, 2005, expiration of statute of limitations.  Plaintiff further requests of this Honorable Court that Defendants be compelled to provide a responsive pleading to this Amended Complaint and that Plaintiff be afforded an evidentiary hearing prior to any decision to dismiss or in the alternative, summary judgment being granted in this matter.

    [9] There are significant business ties that will be proven between Defendants and OBL's family which raise serious conflict of interest and other matters wherein "failing to act and prevent" the "911" attacks have benefited Defendants.  Reports have emerged and will confirmed through discovery that the Carlyle Group, the giant U.S. defense contractor until recently employed Defendant and former President GHB. Hence, the "Bush Family" and other Defendants financial profiting by war goes to the heart of Plaintiff's RICO Act claim.  Defendant GHB ironically resigned from the Carlyle Group after the War in Iraq commenced.  For the record, Congresswoman Marcy Kaptur (D-OH), submitted in the Congressional record specific financial profiting with regard to Defendant Cheney's stock in Halliburton and these matter are serious public trust questions as to "intent and motive" to go to war in Iraq and to declare an never ending "IWOT."

    [10]Plaintiff will prove these serious "RICO Act" based claims are bona fide and genuine as provided for under Count II which will provide specific timelines Defendants knew, or should have known, the attacks of "911" were imminent.   

    [11] It is obvious from American and international media sources and investigations, Plaintiff's claims herein carry great merit and justice demands Plaintiff be afforded her day in court to redress the wrongful death of her husband.  Further facts at the time of this amended complaint show the "911 Commission" is bowing down to Defendant GWB's stonewalling and refusing to turn over critical intelligence reports to show what he knew prior to the attacks of "911."  The statute mandating the "911 Commission" full and unfettered access to the full body of Defendant Bush's daily intelligence briefings is being resisted by Defendant GWB and Plaintiff through discovery will obtain the truth as to the reasons "911" occurred to find who is responsible for her husband's murder.

    [12]There was sufficient evidence that the "911" attacks were known well in advance...hence the unprecedented volume of put options sold on both American and United Airlines during the week preceding "911" raises serious public trust questions whether  "cash for lives" and another RICO Act basis.

    [13] Plaintiff argues there is a serious conflict of interest and public trust factor with Defendant DOJ being a primary Defendant in this case.  Due to this fact, Plaintiff's RICO Act basis is the exclusive appropriate jurisdiction, as Plaintiff would further pursue justice at the International Criminal Court (ICC) against Defendant GWB et al., if the United States was subject to its jurisdiction.

    [14] Defendant GWB's private consultants, Plaintiff believes these Defendants are directly connected, specifically, Defendant GHB with critical intelligence and national security advice that warrants discovery in this cause of action.

    [15]Plaintiff intends to call at trial, former federal employees with firsthand knowledge and expertise to support her bona fide RICO Act challenge against Defendant GWB et al.  Plaintiff having the courage to bring this "unique" cause of action will support its Counts with Amicus Briefs and other Declarations of private American Citizens and former federal employees in support of this Amended Complaint.  For example, Exhibit "C" is the sworn affidavit of Tim McNiven, former federal employee who has established Defendant USA and Defendant GHB for 25 years prior to "911," knew or should have known "terrorists" could use commercial airliners as weapons to kill innocent people and destroy property.  This affidavit, at the very least, establishes a prima facie case of "gross or criminal negligence" in this cause of action.

    [16] Defendant USA, pursuant to the United States Constitution Article I, II and III, establishes the legislative powers, executive power and the judicial power of the United States respectively. Plaintiff alleges under the Constitution, the Legislative Branch establishes various departments of the Federal Government including the Department of Defense ("DOD"), Department of Justice ("DOJ"), and the various sub-entities therewith and acting in concert therewith. On information and belief, Defendant GWB as an individual, (and sometimes referred to as the "Bush Family"), or under color of authority and office under the powers of Article II of the Constitution, utilized the aforesaid departments, agencies and entities to shield his personal negligent acts and omissions in concert with all named and unnamed Defendants who owed Plaintiff' a duty to act and prevent the "911" attacks.

    [17] Plaintiff cites the NS Act to provide the foundational argument Defendants prior to "911" and afterwards have not acted in "good faith" with regard to the facts and circumstances leading to the "911" attacks.  Moreover, the NS Act is being invoked to silence Defendants' connections with alleged terrorists, Osama bin Laden and Saddam Hussein, based upon claims of  "national security" and "executive privilege."  

    [18] The "Summary of Facts" will set the foundation to support Plaintiff Counts as set forth herein. However, a complete highly researched timelines of "911" by American Citizen Mark R. Elsis who has agreed to testify to his research on behalf of Plaintiff, and believed to be one of the "most comprehensive minute by minute accounts of the events of "911"" is also attached hereto as Exhibit "C."

    [19] If proper procedures were followed by the Defendants FAA and NORAD, the horrific events of "911" could have been very well avoided. Defendant NORAD had approximately twenty-two (22) minutes from the first notification of Flight 11's highjacking, until it crashed into the North Tower at 8:46 a.m. to intercept, thus raising serious questions of "dereliction of duty" at a minimum, for which no federal employee has been held accountable to date.

    [20] At this very moment, Defendant NORAD was grossly negligent in failing to inform their boss, Defendant GWB that a national emergency just developed. To date, no NORAD member has been official charged with dereliction of duty, a court martial offense under the Uniform Code of Military Justice (UMCJ). Even more astonishing, Defendant Rumsfeld and his subordinates NORAD and NEADS were several days into a semiannual exercise known as "Vigilant Guardian."  Senior officers involved in Vigilant Guardian were manning NORAD command centers throughout the United States and Canada, available to make immediate decisions to respond and intercept the hijacked airplanes that could have prevented the absolute destruction of lives and property on "911."

    [21] On July 24, 2002, Judge Alvin K. Hellerstein, United States District Judge for the Southern District of New York, issued an Order that all actions for wrongful death, personal injury, property damage or business loss currently pending or to be filed pursuant to the Air Transportation Safety and System Stabilization Act, Pub.L. No. 107-42 Section 408(b)(3), 49 U.S.C. Section 40101 (2002) against any airline and/or airline security company, be consolidated for purposes of pretrial proceedings.  Plaintiff's Complaint is exempted as the RICO Act is the foundational basis of her pursuit of justice and to hold Defendants accountable for allowing the "911" attacks against her nation to occur to profit personally and politically from an illegal war on international terror.  This assertion in of itself is very easily provable and probably well known to this Honorable Court at this time.

    [22] Plaintiff further believes upon successful prosecution of this cause of action, the evidence gathered during discovery and trial will lead to substantial evidence to warrant criminal indictments against Defendants.  Plaintiff will seek extraordinary relief by the Court to compel the United States Congress to appoint "special counsel"  to investigate Defendants for criminal violations under the provisions of the RICO Act.

    [23]As facts do show at the time of this civil action, the only alleged "terrorist" in the custody of the United States Government being tried is Zacarias Moussaoui and from all indications Defendant Ashcroft will not prosecute this individual on claims of "national security" concerns. It is this specific type of questionable government act or in-action based upon invocation of the "NS Act" which Plaintiff intends to pursue in this Complaint. Moreover, to prove and support the claims in this cause of action, Plaintiff intends to subpoena Mr. Moussaoui as a favorable witness on her behalf.

    [24] Further provided at Exhibit "C" is a certified "polygraph examination" of Affiant McNiven, including his military DD-214 honorable discharge separation papers. The polygraph exam was conducted by John R. Weller, President of Pacific Polygraph Services (PPS) Ltd., and retired Canadian Army Officer who was trained by the U.S. Army as a Military Polygraph examiner.

    [25] Plaintiff herein is challenging the honesty and forthrightness of Defendant GWB due to his present refusal to cooperate with the "911 Commission" and believes Defendant GHB's long term involvement in her government as CIA director from (1976-1977), his terms as Vice President (1980-1988) and President (1989-1992) and his subsequent business relationships hold the answers and will provide additional basis for her RICO Act claim against Defendants.

    [26] At Exhibit "D" see Attorney of Record Berg's confirmation letter with "PPS" President John L.R. Weller that the information of sworn affidavit and contents of Mr. McNiven's have been verified to be genuine.

    [27] Defendant CIA Director George Tenet will be called upon to divulge who in the GWB White House was provided the July 2001 PIB. According to Newsweek, a source said one of the recipients of the still-unpublicized July briefing that foretold the 9/11 attacks was Bush himself. Moreover, Senate Intelligence Committee Staff Director, Eleanor Hill, a former federal prosecutor and Pentagon Inspector General will be called to testify as to who blocked her at the last minute from divulging precisely who in the White House received the classified July 2001 briefing of Defendant CIA Director George Tenet. Plaintiff has reason to believe, once the congressional intelligence report is obtained through discovery, the names, dates, and substantial new information about the handling of many other crucial intelligence briefings -- including one in early August 2001, provided to National Security Advisor, Defendant Condoleezza Rice discussed Al Qaeda operations within the United States and the possibility that the group's members might seek to hijack airplanes.

    [28] Plaintiff upon successfully proving Defendant GWB, et al., were responsible for failing to prevent the attacks of "911" in conspiracy to benefit from an "IWOT" as will be proven during discovery and trial, extraordinary injunctive and declaratory relief deemed appropriate by the Court is therefore requested to hold Defendants criminal responsible and accountable to the American People for their crimes against Plaintiff and the nation as a whole.

    [29] On November 19, 2003, Mr. Perle, a key member of the Defendants Bush and Rumsfeld's "Defense Policy Board", which advises Defendant Rumsfeld, stated in part: "international law...would have required us to leave Saddam Hussein alone" and this would have been morally unacceptable." (The Guardian 10/23/03).  Plaintiff asserts and supports in her "open letter" to Defendant GWB that more "morally" unaccepted and a nexus to this RICO Act claim is countless American service members will continue to lose their lives for the personal agendas and financial motives of Defendants.  Under Title 18, U.S.C. Chapter 91, "Racketeering activity" includes but not limited to; any act or threat involving murder.  When Plaintiff prevails in this cause of action, the facts will show Defendants are both liable under criminal and civil RICO for the murders of all "911" victims and the honorable men and women of the United States Armed Forces who yet fully understand they are being used not to make a world a safer place by removing Saddam Hussein, but for the ill-willed conspiracy of Defendant GWB et al., to engage American in a never ended "IWOT" for which Defendants are already benefiting financially.  (18 U.S.C. Section 1962 (d).

    [30] It is well known to many in the World that Defendant USA, namely, Defendant GHB as CIA Director and Vice-President had close working relationship with OBL during the Iran-Iraq War and further with Saddam Hussein when Defendant GHB was a critical player in providing Iraq with the Weapons of Mass Destruction (WMD) through and leading up to the 1991 Gulf War for which he was President of the United States.  What really occurred on "911" can be compared to a RICO nexus with the so-called Italian Mafia family wars.  However, the entire American People have been pawns in this deadly and evil mixture of the Bush and Bin Laden Regimes.

    [31] Defendant Cheney, for example, is still "holding 433,333 Halliburton stock options….  The total value of these shares right now is over $26,674,990." (Source: Ohio Rep. Marcy Kaptur, Congressional Record, October 29, 2003) Halliburton has outperformed the Standard & Poor's Index by nearly 40% over the last year; largely on the strength of hundreds of millions in unbid DOD contracts for work in Iraq and Afghanistan. Given the consequent appreciation of his stock options over the same period, Defendant Cheney has personally netted millions from IWOT and the aftermath of "911". Defendant GHB's share in the Carlyle Group's defense related profits will show similar margins of appreciation since his son launched IWOT "in response" to "911."

    [32] On Friday, November 21, 2003, just days prior to the filing of this Amended Complaint, Retired Army General Tommy Franks the former commander of the military's Central Command warned, that if terrorists succeeded in using a weapon of mass destruction (WMD) against the United States or one of our allies, it would likely have catastrophic consequences for our cherished republican form of government.  Frank further stated; if the United States is hit with a weapon of mass destruction that inflicts large casualties, the Constitution will likely be discarded in favor of a military form of government. (NewsMax).  On "911" Plaintiff and her nation were hit by weapons of mass destruction and to date no one based upon "hard evidence" has been held responsible and Plaintiff holds standing to find and bring to account those responsible parties and through discovery and trial testimony Defendant GWB, et al., will provide Plaintiff and the People of the United States of America the who, what, why and how "911" occurred.  Plaintiff asserts her willingness to find the truth will in the end, preserve our constitutional system of government if only afforded the right to be heard in this matter and to call credible and other concerned American Citizens to prove this Amended Complaint, its basis and claims are bona fide and will prevent destruction of our way of life through accountability by this Honorable Court.

     

    For Further Information Contact:

    Philip J. Berg, Esquire

    706 Ridge Pike, Lafayette Hill, PA 19444-1711

    Cell (610) 662-3005, (610) 825-3134

    (800) 993-PHIL, Fax (610) 834-7659

    PJBLAW@aol.com

     

    Philip Jay Berg (born April 13, 1944), previously an American attorney, brought a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit charging president George W. Bush and 154 others with complicity in the September 11 attacks, and another suit challenging the eligibility of Barack Obama to become President of the United States.

    Berg, whose office was in Lafayette Hill, Pennsylvania, is a former chairman of the Democratic Party of Montgomery County, in suburban Philadelphia and a former member of the Democratic State Committee. He is a paid life member of the NAACP.

    He is a former deputy attorney general of Pennsylvania.

    On June 19, 2013, Berg's license to practice law in the Commonwealth of Pennsylvania was suspended for two years. The Pennsylvania Supreme Court announced on June 16, 2015, that Berg was disbarred on consent after submitting a letter of resignation that the court kept under seal.[1] After being disbarred, he worked as an Uber driver in Philadelphia.[2]

     

     

     

     

     


     

     


     

     

     https://www.democracynow.org/2004/5/21/9_11_widow_sues_the_bush

     

    9-11 Widow Sues the Bush Administration for Intelligence Failures

    May 21, 2004

    Ellen Mariani’s husband Neil died in flight 175 on September 11. Mariani refused a compensation package from the government of up to $1.8 million. Instead, she sued President Bush, Vice President Cheney, Defense Secretary Rumsfeld and other administration officials under RICO-the Racketeering Influenced Corrupt Organizations act. [includes rush transcript]

    This week, the 9/11 Commission wrapped up its latest round of public hearings. Homeland Security chief Tom Ridge and former New York Mayor Rudy Giuliani were among the officials who testified at the hearings which took place in New York.

    There were many protests outside the hearings this week and inside as well, with protesters disrupting the proceedings several times. Among those who were in town for the hearings were a number of family members who lost loved ones on September 11. Tomorrow night at Riverside Church in New York, there will be a forum on what organizers are calling the unanswered questions surrounding 9/11. Among the speakers will be former chief UN weapons inspector Scott Ritter, as well as Ellen Mariani who lost her husband Louis on September 11. He was onboard United Airlines flight 175.

    Ellen Mariani has refused to accept any money from the US government’s compensation fund—which could be as much as $1.8 million. Instead she has filed a lawsuit against President Bush, Vice president Cheney, Defense Secretary Rumsfeld and other administration officials. The suit is filed under RICO-the Racketeering Influenced Corrupt Organizations act.

    • Ellen Mariani, the wife of Louis Neil Mariani, who died when United Air Lines flight 175 was flown into the South Tower of the World Trade Center on September 11. She has filed a RICO lawsuit against President Bush, Vice President Cheney, Defense Secretary Rumsfeld.
    • Philip Berg, Ellen Mariani’s lawyer. He is a former Deputy Attorney General of Pennsylvania and a former candidate for Governor and U.S. Senate.
    Transcript
    This is a rush transcript. Copy may not be in its final form.

    AMY GOODMAN: We welcome you both to Democracy Now!.

    ELLEN MARIANI and PHILLIP BERG: Thank you.

    AMY GOODMAN: Ellen, why have you chosen this route? And can you start off by just sharing your reaction to the hearing this week?

    ELLEN MARIANI: I was very disappointed. I had not attended any of the others. I felt that they were an insult to the families’ intelligence, number one. They are saying, we’re not here to blame. We’re here to learn a lesson. Do we have to learn a lesson on 3,000 deaths? No, we do not. We feel that they are guilty. We want to get to the bottom of this. That is the only way any of us in this country will heal. Other than that, we’re told it is going to happen again. What’s going to happen? How do they know? Why is this going to happen? What have we learned?

    AMY GOODMAN: Could you tell us why you chose this particular path? What made you decide honestly to reject the compensation offers of the government and what led you to decide that there were these unanswered questions?

    ELLEN MARIANI: Within a month after Neil’s death, my husband, I went to an attorney in Boston, and he gave me the whole outline of the Victim’s Compensation Fund, but Mr. Kenneth Feinberg decided to wait until September 21st to come out with this most highly complicated procedure on a chart of everybody’s worth that had been killed. I couldn’t put together the real reasons or the dots of why we would have to shut up for money. We can’t heal. You will never heal without the truth. It’s the truth that sets us free.

    When I saw that I wasn’t getting any answers from the media, from anything I had heard on television, and the most important thing is when I had attended the second hearing in New York, I had already put a lawsuit in on December 20, 2001, against United. You know, Neil and I, we paid for safe destinations. He did not get it. He was abandoned. God knows what they did to them or who did it to them in those planes. I feel sorry for — if they’re going through the pain that I’m going through, it is hell. I decided to put the lawsuit in. I want the truth. You cannot sleep at night, knowing that you are paid off to keep your mouth shut. No, money, as you get older, is not going it take the place of your loved one. I put a lawsuit in against United. What did they do? The government came in and blocked all my evidence to have a lawsuit. I waited two-and-a-half years for them to show me that they’re sincere, they’re going to get to the bottom of this, like the president has said, “So help me god, we will hunt them down and they will be punished.” That is not what they were doing. They blocked everything. Two-and-a-half years of nothing, I put the lawsuit in. No one is above the law.

    AMY GOODMAN: Phillip Berg, you can describe the legal principles of this lawsuit, taking on President Bush and his senior Cabinet?

    PHILLIB BERG: Sure. Thank you very much, Amy, for having us on. It’s a real honor, first off, to be able to represent Ellen Mariani, who has the stamina and guts to proceed. Roughly, we’re two-and-a-half years after 9/11, and not one person has been accused of a crime. Not one person in the military has been brought up for court-martial. Where is the investigation? This is the — one of the biggest disasters that ever happened to the United States, going along with the lines of Pearl Harbor or some people raised the issue of slavery and to that effect, but this is the biggest attack on American Soil. What’s going on? Where’s the investigation? The evidence has disappeared. All the Ground Zero has been cleaned out, but the steel has been taken away. It has been sent off to China.

    Just the facts of it, the legitimate facts are unanswered. So, we have filed a RICO action which is the Racketeer Influenced and Corrupt Organizations Act it was an act created by Congress in the 1960’s to go after the Mafia, in other words, the mob, and it’s our position that there’s a mob in the White House. To be successful with the RICO Action, you have to have a before, during and after, and we believe that we have the facts, and we will be able to get the evidence that there was plans before for this to occur. The facts are that the Administration definitely had foreknowledge of 9/11. They failed to warn. They failed to prevent, and since then, there’s been a massive cover-up. So, you need certain predicate acts. You need certain things that you have to do. Right now, we’re dealing with some procedural issues. Hopefully in the next couple of weeks, we’re going to clean some of those issues up and come forth more in the public, and that’s why we appreciate being on your show and other shows.

    The mass media is not handling 9/11. What we’re looking for is the direct answers to legitimate questions. And we feel we can get those, and we feel the answers are there. We just don’t understand the media not wanting to cover it. It’s a very difficult issue, we know. I think the biggest problem is that the American public doesn’t want to accept that their government — that their government was involved in something as detrimental as this. And if I may, very briefly, if we can go back to “Operation Northwood.” it was 1962, the Joint Chiefs of Staff, that’s our military branch in this country, had a plan which is now declassified. I’m not sure if it’s on our website yet, but I’ll make sure it is up there, but Operation Northwood dealt with the fact that they planned — our government planned to cause destruction to American property, cause death and injury to American citizens, and to blame it on Cuba, to go to war with Cuba. I said the documents are now declassified. President John F. Kennedy stopped that. John F. Kennedy stopped that, and because of that, that did not occur. If you would change the facts of Cuba with Iraq, the situation is just about the same. If people look at the facts of 9/11. 9/11 could not have happened, could not have happened without the complicity of the Federal Government. It’s going back, and I try to identify things that people can identify with, and this is how we’ll put it forth in our suit.

    In 1999, the golfer, Payne Stewart, his plane went off course. I’m sure many of your listeners will remember that, I’m switching phones here, maybe that’s a little better. His plane went off course, and after it was off course three-and-a-half minutes, it was picked up by the F.A.A and NORAD or whoever else. Within 8-and-a-half minutes, fighter jets were alongside his plane while it went off course. It was supposed to fly from Florida to Texas. Instead, it flew from Florida to the Northern United States. The jets escorted that plane the entire way. They didn’t have to deal with the issue, but it’s reported that if that plane was going to crash into a populated area, they would have shot it down. So, where were the fighter jets on 9/11? We know from Betty Ang and others that at 8:20 AM on 9/11, that the first plane was hijacked, two people had been stabbed, they didn’t have control of that plane. She stayed on the phone, a stewardess, from 8:20 to 8:46 and lost contact when her plane crashed into the World Trade Center. When it was flashed on the news that a plane accidentally hit the World Trade Center, that’s what we were told, the government knew that it was not an accident. So, even for a minute, if you would say, well, the fighter jets should — why weren’t they scrambled during that time? Why weren’t they scrambled at 8:46? If they were, Ellen’s husband, Neil, would probably not be alive today, but that second plane didn’t hit the second World Trade Center until 17 minutes later. So, where were the fighter jets? That plane should never have been allowed into the airspace of New York, or if it did, it should have ended up in the Hudson River or someplace else. That plane was the second plane that hit. That was the first tower that came down. These questions have not been asked by the 9/11 Commission. The 9/11 Commission is a joke because it’s going to be like the Warren Commission, smoothing over something without asking the legitimate, honest, direct questions that have to be asked.

    JUAN GONZALEZ: Phillip Berg, the families and Ellen as well have asked a variety of questions that have not been answered. One of the interesting ones is the issue of Governor Jeb Bush in Florida going to the offices of Hoffman Aviation School and ordering that flight records and files be removed. Could you talk a little bit about that?

    PHILLIP BERG: Sure. The stories which have been confirmed that Jeb Bush went to the flight school. All of the records from there were taken and loaded onto an Air Force plane. I believe it was a C-130, and they were flown out of the country. I mean, why? Talk about flying them out of the country when everyone — when all of your listeners, and Ellen Mariani was stuck in Chicago. When people after 9/11 were grounded for three or four days, President Bush allowed planes to go around the United States and pick up members of the Bin Laden family, and other Saudis and fly them out of the country without being investigated by the FBI or the CIA.

    Jeb Bush raises questions. The other thing I believe — I have to get the transcript. I was listening the other day when Major Giuliani was speaking, I believe he said when he was speaking with the White House, and I need the transcript, so, if you have it, please make it available to me, that there were seven planes missing at a certain period of time. If there were, the next question I have, when they grounded all of the planes in the United States, why were those seven planes, which they knew were off course, why weren’t they earmarked, and why weren’t they held at a certain location at the airports where they were grounded to be searched and investigated? Just the — if you just think of all of the things that have occurred here. Building 7 in New York — Planes did not hit it. 47-story building in the World Trade Center complex made of concrete and steel and what happens at 5:30 in the afternoon on 9/11? The building implodes. Why? So, these are legitimate questions, and Ellen has raised many more. They’re on our website if I can mention it, www.911forthetruth.com. They’re legitimate questions that have to be answered, which the government refuses to answer.

    JUAN GONZALEZ: And I’d like to ask Ellen now in terms of the families, how are the families of — moving forward now, especially after these last commission hearings?

    ELLEN MARIANI: Well, that’s a good question. They’re very sad. They feel devastated. They want answers. I want answers. A lot of them have confessed to me, and I don’t condemn it, they’re on medication. They have been on it for a long time — Since 9/11. I want to tell you people, I am of sound mind. I would not take any medication. I was tricked into trying to be medicated, and no, thank you. I wanted to take this on head-on in respect of my husband and those precious young people that died in the buildings and those other victims from 80 other countries, my sympathy goes to them.

    AMY GOODMAN: And what kind of access do you have to the 9/11 Commission Members? Are these questions going to be answered for us?

    ELLEN MARIANI: They’re not answering any of our questions. To me, it’s just a format. It’s like a practice run. They wouldn’t stay on for the second day for the questions and answers. Time, they just decided, they just omitted it. We need answers from them. They said we’re not here to blame, but to learn lessons. We don’t need to learn lessons. These people that died, my husband, precious little children on the planes. They’re heroes — well, did they choose to be heroes? What have they done to become heroes. Don’t soften this error by saying “heroes.” I would like my husband back, and I’ll never see him again.

    AMY GOODMAN: The questions, again, on your open letter to President Bush, why were 29 pages of the 9/11 Committee Report personally censored at your request? Where are the black boxes from Flight 11 and Flight 175? Where are the voice recorders from Flight 11 and 175? Why can’t we gain access to the complete air traffic control records for Flight 11 and Flight 175? Where are the airport surveillance tapes that show the passengers boarding the doomed flights? When will complete passenger lists for all the flights be released? Why did your brother Jeb Bush, as Juan read, go to Hoffman Aviation School and order the flight records be removed?

    ELLEN MARIANI: There’s a last one on there that I’m very troubled over. I’d like the remains of our loved ones brought to a resting place here that we can all go and visit to try to heal, instead of being over in this landfill over on one of the islands. I am — I understand there are quite a few refrigerated tractor-trailer trucks where they say they can’t identify. We need a resting place. I have nothing of my husband. So do thousands of others have anything of their loved ones. We need that. It’s two-and-a-half years. You know, yes, there is blame, and they’re skirting around the truth. We know the only way we’re going to get it is through my lawsuit.

    AMY GOODMAN: Ellen Mariani and Phillip Berg, I want to thank you very much for being with us. When we come back —

    ELLEN MARIANI and PHILLIP BERG: Thank you.

    AMY GOODMAN: Gore Vidal. Stay with us.

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