[93242] in Cypherpunks
Joe Bress
daemon@ATHENA.MIT.EDU (bill payne)
Thu Jan 15 09:58:43 1998
Date: Thu, 15 Jan 1998 07:13:31 -0700
From: bill payne <billp@nmol.com>
To: napa@tmn.com
CC: art morales <armoral@sandia.gov>, senator_mccain@mccain.senate.gov,
tom carpenter - halcyon <tomcgap@halcyon.com>,
william lewis <" Bill.Lewis"@hq.doe.gov>,
tyler przybylek <cprzybylek@doeal.gov>,
steve dillingham <" Steven.Dillingham"@hq.doe.gov>,
jon brock <jbrock@u.washington.edu>, cypherpunks@toad.com
Reply-To: bill payne <billp@nmol.com>
This is a multi-part message in MIME format.
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Thursday 1/15/98 6:54 AM
Ray Sumser
Arnold Intrater
Jennifer Lipnick
National Academy of Public Administration
955 L'Enfant Plaza, North SW
Washington, DC 20074
202-651-8062
393-0993 FAX
Former NAPA employee and lawyer Joe Bress' words,
"Win or lose," to me spoke in your presence in
ABQ caused some additional whistleblowing on Internet.
A cypherpunk, I am guessing.
I stayed off Internet for one year so as to
be above suspicious.
The attached letter to judge Edwards was mailed July 16, 1996.
And received July 18, 1996.
Moorer and other retired Navy brass, at a news conference, expressed
grave suspicion over the FBI's recently concluded 18-month
investigation of the disaster, in which the plane disintegrated
July 17, 1996, en route to Paris and plunged into the Atlantic near
Long
Island, killing 230. They said a military missile explosion just
outside the 747's forward cabin seems the likely cause.
While the timing of my letter to Edwards was merely coincidence,
I am concerned that whistleblowing may constitute a danger to public
safety.
Please help to get this matter settled.
Thanks
bill
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<TITLE>Navy Brass Revive Missile Theory</TITLE>
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<A HREF="mailto:kalliste@aci.net"> [Email Reply] </A>
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<p>
<h2 align=center>
Retired Navy Brass Revives Twa Missile Theory<br>
Officers Voice Suspicions Over Fbi's Findings</h2>
<h3 align=center>
By John Hanchette and Billy House</h3>
<p><b>
Adm. Thomas H. Moorer, former chairman of the Joint Chiefs
of Staff, on Jan. 8 called for new congressional hearings into
last July's crash of TWA Flight 800.
<p>
"It absolutely deserves more investigation -- a lot more,"
Moorer told Gannett News Service. "This time, I wouldn't let
the FBI do it. I'd have the NTSB (National Transportation
Safety Board) do it. I think Congress certainly should get more
answers from the FBI."
<p>
Moorer and other retired Navy brass, at a news conference,
expressed grave suspicion over the FBI's recently concluded
18-month investigation of the disaster, in which the plane
disintegrated July 17, 1996, en route to Paris and plunged into
the Atlantic near Long Island, killing 230. They said a military
missile explosion just outside the 747's forward cabin seems
the likely cause.
<p>
"All evidence would point to a missile," Moorer said. "All those
witnesses who saw a streak that hit the airplane -- you have to
assume it's a missile. In an investigation like this, you can't
overlook anything."
<p>
Moorer, an expert on missile weaponry, attended the news
conference convened by a media critic group that scoffs at the
official NTSB and FBI findings unveiled a month ago.
Joseph Valiquette, FBI spokesman in New York, said the
agency is "comfortable" with its conclusions that "there's no
evidence a criminal act was responsible."
<p><center>
'A train wreck in the sky'
<p></center>
The Navy officers -- who appeared with a veteran TWA pilot,
two witnesses and members of Accuracy in Media, which
coordinated the briefing -- said a new study of evidence from
recovered Flight 800 data recorders rebuts the government's
official story about fuel vapors exploding in a central tank of the
jetliner after a spark from unknown causes.
<p>
"This is either a train wreck in the sky, or an explosive device
-- mid-air, outside the plane," said retired Navy Cmdr. William
Donaldson, who flew 89 combat missions over Vietnam and
for five years was a top Naval aviation accident investigator.
<p>
Donaldson, who said he is not working for TWA or the
passenger jet's manufacturer, Boeing, examined the mountain of
material released in early December about the $100 million
federal investigation. He particularly criticized one NTSB
document reflecting flight-recorder data that was not discussed
when the material was unveiled in Baltimore last month.
<p>
Donaldson noted a line drawn through readings of the last five
seconds of the doomed jet's flight, with a handwritten margin
note reading "End of Flt. 800 DATA" -- except there are more
revealing readings below it.
<p>
He said he thinks this was an attempt to divert attention from
the final readings on the flight recorder: "The only reason you
put flight data recorders into an airplane at millions of dollars
cost is to capture this last data line."
<p>
He said NTSB officials later tried to convince the Navy
dissidents it merely was transcript from an earlier flight -- a
conclusion former TWA pilot Howard Mann said is "not
possible -- it's erased -- there's just no way."
<p>
The final readings show chaos in the sky -- with airspeed
dropping instantly by almost 200 knots, the pitch angle jumping
five degrees, altitude dropping 3,600 feet in about three
seconds, the roll angle going from zero to 144 degrees (the
plane almost inverted), and magnetic heading changing from 82
degrees to 163 degrees.
<p>
The small vane that measures wind angle striking the nose --
situated on the left forward fuselage -- goes from 3 degrees to
106 degrees back to 30 degrees.
<p>
Donaldson said all these indicate an extremely high-pressure
wave coming from the lower left side of the plane's front. The
measurements "indicate there was an explosion -- a big
explosion -- outside the cockpit." Mann agreed with
Donaldson's interpretations.
<p>
Donaldson also said:
<p>
* Divers found debris from the forward fuselage as much as
2,900 feet to the right of the extended flight path, suggesting it
may have been propelled by an explosion from the plane's left.
<p>
* Fuselage doors from near the front of the craft, later
recovered, were bent and dented inward.
<p>
* Subsequent tests Donaldson conducted showed fuel vapor in
the empty center tank would not have been flammable enough
to cause such an explosion, and there was nothing to ignite it.
<p>
* More damage occurred to the left wing than the right.
<p>
* The fuselage skin broke up in such a way as to suggest a
pressure wave from the outside left front.
<p>
"What you're looking at is the product of an explosion in the
sky that totally destroyed the aircraft's ability to fly anywhere,"
he said.
<p>
A digital animation computer rendering of the catastrophe --
prepared by the CIA for media use in early December --
sought to explain some of the physical forces on the flight data
by showing the nose breaking off the huge aircraft and the body
then climbing almost 3,000 feet before a huge petroleum
explosion sends it fireballing into the sea.
<p>
"There couldn't have been an aviator at CIA who had anything
to do with that," said Donaldson. "They were laughed out of
town by pilots."
<p><center>
Eyewitness accounts
<p></center>
Two witnesses from Long Island -- lawyer Frederick Meyer
and furniture maker Richard Goss -- described what looked
like a missile contrail rising upward in the sky before the TWA
explosion.
<p>
Goss said the FBI was interested and "very amazed," but later
"there wasn't as much enthusiasm . . . I never heard from them
again."
<p>
Meyer, a helicopter pilot in Vietnam, was flying an Air National
Guard helicopter on maneuvers when the disaster occurred in
front of him: "I saw, what I swear to God, was military
ordnance explode."
<p>
Meyer said, "The aircraft I saw came out of the air like a stone.
Nobody saw that aircraft climb a foot after it was hit. The CIA
cartoon bears no similarity to what I saw."
<p>
Meyer approached the FBI with his report, but said after two
desultory interviews, agents never called back. He claims he
knows several witnesses who called the FBI's 800 number with
similar reports, but were not called back.
<p>
The FBI, Donaldson said, "is holding the lid on 92 witnesses
who allege they saw something go and climb to the sky. Most
of those people are scared to death right now."
<p>
Valiquette, the FBI spokesman, said, "We know there are
always going to be people who will never accept our findings.
And we're comfortable with that, too. . . . We went back and
re-interviewed all those eyewitnesses. We plotted their
positions, and there was a lot of analysis done. Today, we are
comfortable with the results."
<p>
The retired officers speculated a missile could have come from
either a submarine or a buoy device developed by the Navy
years ago to float attack missiles into position for launch from
miles away.
<p>
"One vital question we haven't attacked is the origin of that
streak of light," Moorer said. "Where did it come from? Who
fired it."
<p>
For its part, the NTSB insisted after the briefing that "We have
no physical evidence that a missile impacted TWA 800, or a
fragment of a missile penetrated the aircraft."
<p>
<i>Navy Times</i>, Jan. 19, 1998, Page 14
<p>
Posted here Jan. 15, 1998 <br>
Web Page: http://www.aci.net/kalliste/
<p>
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Tuesday July 16, 1996 06:25
Certified, Return receipt requested
Harry T. Edwards
Chief judge, D.C. Circuit
U.S. Courthouse
333 Constitution Ave, NW
Washington, D.C. 20001
202-273-0380
0119 fax
Dear judge Edwards:
Purpose of this letter is to file criminal complaint affidavits
against,
1 Department of Justice lawyer David M. Glass,
2 Sandia National Laboratories lawyer Harold L. Folley,
3 Sandia National Laboratories department manager C.
William Childers,
3 Sandia National Laboratories supervisor James. R.
Gosler.
Rule 3 of the Federal Rules of Criminal Procedure, entitled the
Complaint provides:
The complaint is a written statement of the essential facts
constituting the offense charged. It shall be made upon oath
before a magistrate.
As you may be aware,
An individual may "make a written complaint on oath before an
examining and committing magistrate, and obtain a warrant of
arrest." This is in conformity with the Federal Constitution,
and "consonant with the principles of natural justice and
personal liberty found in the common law."
[United States v Kilpatrick (1883, DC NC) 16G 765, 769]
You may also be aware,
A complaint though quite general in terms is valid if it
sufficiently apprises the defendant of the nature of the
offense with which he is charged.
[United States v Wood (1927, DC Tex) 26F2d 908, 910, affd
(CA5 Tex) 26 F2d 912.
And for your edification,
The commission of a crime must be shown by facts positively
stated. The oath or affirmation required is of facts and
not opinions or conclusion.
1
[United States ex rel. King v Gokey (1929, DC NY) 32 F2d
793, 794]
The complaint must be accompanied by an oath.
[Re Rules of Court (1877, CC Ga) 3 Woods 502, F Cas No
12126]
A complaint must be sworn to before a commissioner or other
officer empowered to commit persons charged with offenses
against the United States.
[United States v Bierley ( 1971, WD Pa) 331 F Supp 1182]
Such office is now called a magistrate.
A complaint is ordinarily made by an investigating officer
or agent, and where private citizens seek warrants of
arrest, the practice recommended by the Judicial Conference
of the United States is to refer the complaint to the United
States Attorney. However, further reference to him is
rendered futile where a mandamus proceeding is brought to
compel him to prosecute and he opposes the proceeding.
[Pugach v Klein (1961, SD NY) 193 F Supp 630, citing Manual
for United States Commissioners 5 (1948)]
The situation here is that these felony criminal complaints are
brought to you by me is that there have been attempts of federal
judges and court clerks to cover up criminal activity at the
Federal Bureau Investigation/ Engineering Research Facility,
within the U.S. Department of Energy, Sandia National
Laboratories, Department of Justice, and the National Security
Agency.
Therefore, any attempt to bring criminal complaints to government
authorities would, of course, be futile.
I am a citizen of the United States and you are the assigned
magistrate.
In order to satisfy the requirement of the Constitution and
Rules 3 and 4, a written and sworn complaint should set
forth the essential facts constituting the offense charged
and also facts showing that the offense was committed and
that the defendant committed it.
And,
As to the requirement that the complaint be made on personal
knowledge of the complainant, it is enough for the issuance
of a warrant that a complainant shows it to be on the
knowledge of the complainant.
2
[Giordenello v United States (1958) 357 US 480, 2 L Ed. 2d
1503, 78 S Ct 1245, revg (Ca5 Tx) 241 F2d 575, 579 in accord
Rice v Ames (1901) 180 US 371, 45 L Ed 577, 21 S ct 406, and
United States v Walker, (1952, CA2 NY) 197 F 2d 287, 289,
cert den 344 US 877, 97 L Ed 679, 73 S Ct 172]
So as to keep contiguous the requirements of the law and the
criminal complaint affidavits, I will include these complaints in
this letter to you.
CRIMINAL COMPLAINT AFFIDAVIT: David M. Glass
Essential material facts are:
1 March 17, 1993 Glass sent the ATTACHED fax to Folley,
Kalman, and Aarons. Glass states,
As I have advised each of you, the United States wishes to
ensure that classified information is not revealed in this
case." ...
To help ensure that classified information is not revealed
inadvertently, I would appreciate your sending me copies of
all proposed court filing, proposed requests for discovery
and proposed discover responses before they are served or
filed. I will distribute the materials to any interested
agency and advised the party who has prepared them of any
problems that we perceive. It is my hope that ny problems
can be resolved informally.
2 June 2, 1993 Glass writes in THE ATTACHED fax,
During the second session of his recent deposition, William
H. Payne stated on a number of occasions that information
could not be regarded as classified to the extant that Mr.
Payne viewed the information as involving illegal activity. ...
As I indicated to you and to the other counsel in this case
in my letter of March 17, 1993, individuals with access to
classified information are under an obligation to refrain
from disclosing the information with prior government
authorization. ...
In addition, Mr. Payne lacks the declassification authority
that Executive order No. 12356 required for the downgrading
or declassification of classified information. As a result,
Mr. Payne lacks the authority to make judgments about the
appropriateness for disclosure of particular pieces of
information that the government regards as classified and,
on the basis of those judgments, to make disclosure of the
information of unauthorized persons. ...
3 Copy of June 2 letter was sent to Harold L. Folley.
3
4 Complainant Payne has repeatedly requested mandatory
declassification review of information in this case. No
requested mandatory declassification review required under
EO 12356 HAS EVEN BEEN CONDUCTED.
6 Since complaint has never been charged with release of any
properly classified information, the obvious conclusion is
that Glass attempted to intimidate the complainant with the
two attached letters.
COUNT 1
Glass is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for his complicity with Sandia lawyer Folley, department manager
Childers, and supervisor Gosler in an attempt to intimidate
complainant with Glass' letters of March 17 and June 2, 1993.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: Harold L. Folley
Essential material facts are:
1 Folley, on information and belief, conspired with Department
of Justice lawyer Glass in an attempt to intimidate complainant
4
Payne in Glass' letters of March 17 and June 2, 1993.
COUNT 1
Folley is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for his complicity with Department of Justice lawyer Glass,
Sandia department manager Childers, and supervisor Gosler in an
attempt to intimidate complainant with Glass' letters of March 17
and June 2, 1993.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: C. William Childers
Essential material facts are:
1 ATTACHED affidavit of C. William Childers states,
I decided that Dr. Payne's actions warranted his
termination. ...
for complainant's exercising his right to communicate with his
Japanese colleague with Sandia Classification and Sensitive
Review Department approval.
COUNT 1
5
Childers is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for oppression of complainant's right guaranteed by the
Constitution to communicate with his Japanese colleague with
Sandia Classification and Sensitive Review Department approval.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: James R. Gosler
Essential material facts are:
1 February 2, 1993 ATTACHED affidavit authored by Gosler
swears,
For these reasons, it is my belief that Sandia and the named
sponsors will suffer irreparable injury if these pleadings
and future pleading containing similar information are not
sealed in the court records, and the discussion about, and
dissemination of, then limited by court order.
2 All documents to which Gosler refers are known to the public.
3 There is no properly classified information in the documents
to which Gosler refers. No complainant requested mandatory
declassification review required under EO 12356 has even been
6
conducted.
4 Complainant has never been charged with divulging properly
classified information.
Count 1
5 Gosler is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for his and Childers' attempted oppression to communicate Gosler
and Childers' illegal Work for Others activities to proper
authorities.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
So, judge Edwards, I believe that I have complied with all
applicable rules of the court to have you issue arrest warrants
for Glass, Folley, Childers, and Gosler.
If I have not complied with all applicable rules, then I ask that
you inform me of any non-compliance so that I can correct my
criminal complaints and re-submit them.
I satisfied the requirement of the Constitution and Rules 3 and
4, and issued written and sworn complaints that set forth the
essential facts constituting the offenses charged against Glass,
Folley, Childer, and Gosler. I also showed facts, the enclosed
affidavits and letters, showing that the offenses were committed
7
by Glass, Folley, Childers, and Gosler and these individuals
committed them.
So I ask that you do your job and proceed with supervision of
the arrest and prosecution of Glass, Folley, Childers, and Gosler
for title 18 felony violations of law.
I expect you to supply me with copies of warrants of arrest you
issue for Glass, Folley, Childers, and Gosler within seventeen
working days.
Unless, of course, you can provide written justification of why
such a deadline is unreasonable.
I enclose copies of newspaper articles on the National Security
Agency's and Federal Bureau of Investigation's attempts to
conscript me into their Infowar, Rigging the Game published by
the Baltimore Sun, and an audio cassette copy of the Swiss Radio
International '94 broadcast about the case of Hans Buehler to
help you understand what some in the US government are trying to
cover up.
US bureaucratic government-sponsored high-tech terrorism. A US
government activity so SECRET it cannot be classified, according
to Gosler.
FOIAs dated June 10 addressed to NSA and June 11 addressed to the
FBI are included to inform you of more details of the US
government high-tech terrorism.
You, of course, having this knowledge must begin your duty as
required by law to bring the remainder of the US government
terrorists to justice.
Sincerely,
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
8
