UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
| ADDTIONAL RESOURCES|
Printable Acrobat .PDF file of this Complaint available HERE!
Mariani's "Open Letter to the President" (Exhibit A) is available HERE!
And the only unignored Press Release for the case
. <![if !supportFootnotes]>. )
ELLEN MARIANI, Individually, as )
Personal Representative of the Estate )
of LOUIS NEIL MARIANI, deceased, )
and others similarly situated<![if !supportFootnotes]><![endif]>, )
vs. ) Case No. 03-5273
GEORGE W. BUSH<![if !supportFootnotes]><![endif]>, President of ) Judge Eduardo C. Robreno
the United States, Officially and )
Individually, ) JURY TRIAL DEMANDED
RICHARD CHENEY, Vice President of )
The United States, Officially and )
JOHN ASHCROFT, Attorney General of )
the United States (DOJ), Officially and )
DONALD H. RUMSFELD, Secretary of )
Defense (DOD), Officially and )
GEORGE J. TENET, Director, Central )
Intelligence Agency (CIA), Officially and )
NORMAN Y. MINETA, Secretary, )
Department of Transportation (DOT), )
Officially and Individually, )
PETER G. PETERSON, Chairman of the )
Board, COUNCIL ON FOREIGN )
RELATIONS (CFR)<![if !supportFootnotes]><![endif]>, Officially and )
CONDOLEEZZA RICE, National )
Security Advisor, to Defendant Bush, )
Officially and Individually, )
GEORGE H. BUSH<![if !supportFootnotes]><![endif]>, Former, )
Director, Central Intelligence Agency, )
(CIA), Vice-President and President of )
and Individually, )
KENNETH R. FEINBERG, Special Master, )
Other unnamed past, present, officials, )
representatives, agents, and private )
consultants of THE UNITED STATES )
Defendants.<![if !supportFootnotes]><![endif]> )
PLAINTIFF'S AMENDED COMPLAINT<![if !supportFootnotes]><![endif]>
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<![if !supportFootnotes]><![endif]>," 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.<![if !supportFootnotes]><![endif]>
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.<![if !supportFootnotes]><![endif]>
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."<![if !supportFootnotes]><![endif]>
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
"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
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."<![if !supportFootnotes]><![endif]> 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
"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."<![if !supportFootnotes]><![endif]>
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." <![if !supportFootnotes]><![endif]>
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.<![if !supportFootnotes]><![endif]>
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:
<![if !supportLists]>a. <![endif]>28 U.S.C. 1331, in that it
is a civil action arising under the laws of the
<![if !supportLists]>b. <![endif]>28 U.S.C. § 1346, United States as a Defendant;
<![if !supportLists]>c. <![endif]>28 U.S.C. § 1361, An action to compel an officer of the United States to perform his duty;
<![if !supportLists]>d. <![endif]>28 U.S.C. § 1366, Construction of reference to laws of the United States or Acts of Congress;
<![if !supportLists]>e. <![endif]>28 U.S.C. § 1357, Injuries under Federal law;
<![if !supportLists]>f. <![endif]>28 U.S.C. § 1365, Senate actions;
<![if !supportLists]>g. <![endif]>28 U.S.C. § 1349, Corporation organized under federal law as party;
<![if !supportLists]>h. <![endif]>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;
<![if !supportLists]>i. <![endif]>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;
<![if !supportLists]>k. <![endif]>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.
19. Defendant, the United States of America (hereinafter "Defendant USA<![if !supportFootnotes]><![endif]>"), 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,
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
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
SUMMARY OF FACTS<![if !supportFootnotes]><![endif]>
22. That on January 20, 2001, Defendant GWB
was sworn in as President of the
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
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 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
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.<![if !supportFootnotes]><![endif]>
28. That, on or about 8:32 a.m., eight  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 , ten  minutes prior to the first crash into the WTC that Flight 11 was hijacked.<![if !supportFootnotes]><![endif]>
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 , Defendant NORAD was alerted that Flight 11 crashed into the WTC and at , the first news broadcasts on radio and television report a plane crashed into the WTC.
31. That, on or about , 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 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
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:
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." <![if !supportFootnotes]><![endif]>
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
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.<![if !supportFootnotes]><![endif]>
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.<![if !supportFootnotes]><![endif]>
(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
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
(c) On August 16, Moussaoui was detained for immigration violations. Here are some important aspects of the investigation that followed:
<![if !supportLists]>(1) <![endif]>FBI was immediately suspicious. Investigators immediately suspected that Moussaoui was a terrorist. (Rowley 5-21-2002; Eggen 1-2-2002)
<![if !supportLists]>(2) <![endif]>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)
<![if !supportLists]>(3) <![endif]>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)
<![if !supportLists]>(4) <![endif]>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)
<![if !supportLists]>(5) <![endif]>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)
<![if !supportLists]>(6) <![endif]>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)
<![if !supportLists]>(7) <![endif]>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)
<![if !supportLists]>(8) <![endif]>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)
<![if !supportLists]>(9) <![endif]>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)
<![if !supportLists]>(b) <![endif]>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).
<![if !supportLists]>(c) <![endif]>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)
<![if !supportLists]>(d) <![endif]>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;)
<![if !supportLists]>(e) <![endif]>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)
<![if !supportLists]>(f) <![endif]>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)
<![if !supportLists]>(g) <![endif]>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)
<![if !supportLists]>(h) <![endif]>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:
training of suicide pilots started in the Busher air base in
the early 1980s with some 90 Pilatus PC-7 aircraft purchased from
(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
(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  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
(b) Some time during 1995, a suspect in the 1993 bombing of
(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
(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
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]>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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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."
<![if !supportFootnotes]><![endif]> 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."
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
<![if !supportFootnotes]><![endif]> 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."
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]>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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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).
<![if !supportFootnotes]><![endif]> 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.
<![if !supportFootnotes]><![endif]> 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."
<![if !supportFootnotes]><![endif]> 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
Acrobat .PDF file of this Complaint available HERE!