UNITED STATES ATTORNEY FILES MOTION TO DISMISS
EXPLOSIVE EVIDENCE IN THE BALANCE
On Friday April 3, 2020 Alexander J. Hogan Counsel for the United States Attorney filed a Motion to Dismiss the Lawyers’ Committee’s First Amended Complaint for Mandamus Relief, Injunctive Relief,and Disclosure of Grand Jury Records which had been filed on March 20,2020.
The Lawyers’ Committee sued the United States Attorney on September 6, 2019 after waiting seventeen months for some indication that their office was proceeding in good faith, by presenting to a Grand Jury the evidence of explosives and incendiaries involved in the destruction of the World Trade Center Towers, which was initially submitted to them by the Lawyers’ Committee on April 10, 2018.
Geoffrey Berman, the United States Attorney in the Southern District had written the Lawyers’ Committee on November 7, 2018 advising them that he read and reviewed their submission and that he would comply with the law, 18 U.S.C 3332 (a) regarding the submissions.
Defendant’s interpretation of the law, however, laid out in his motion is that the Plaintiffs do not have standing as private citizens and have no legally recognized interest that would give them standing to seek the presentation to a federal grand jury of evidence that could lead to the criminal prosecution of others, Linda R.S., 410 U.S. at 619; and even if they did, Defendants cites cases which give them absolute discretion to refuse presentation, “This Court has recognized several occasions over many years that an agency’s decision not to prosecute or enforce whether through civil or criminal process, is a decision generally committed to an agency’s absolute discretion.” United States v. White, 972 F. 2d 16, 18 (2d Cir. 1992)
The evidence that Mr. Berman is petitioned by the Lawyers’ Committee to submit to the Grand Jury has never been presented by the United States Attorney to a Grand Jury, but is dispositive of bombs and incendiaries used in the destruction of the World Trade Center Towers and the murder of 2,700 individuals. This evidence was completely omitted from the 9/11 Review Commission investigation and the “official” story. The evidence can be viewed HERE.
Joining the Lawyers’ Committee as co-plaintiffs are Architects & Engineers, Richard Gage, Bob Mcilvaine, who lost his son, Franklin Square-Munson Nassau County Fire Commissioner Christopher Gioia, NYC Fire Chief (retired) Michael J. O’Kelly, who has a 9/11 related illness, Diana Hetzel who lost her husband, a NYC firefighter and Jeanne Evans who lost her brother, a NYC firefighter.
Defendants argue that plaintiffs have not suffered any cognizable injury. They, nevertheless, state that even if the plaintiffs had a special interest in the investigation of the incidents surrounding 9/11, such an interest is insufficient to confer standing.
Plaintiffs assert in their First Amended Complaint that the United States Attorney’s failure to present their Petition to a Grand Jury is not only a failure of him to perform his mandatory duties under 18 U.S.C. 3332 (a,) but is also a violation of the Plaintiffs Constitutional Right to Petition for redress and have their evidence considered by a Grand Jury.
Defendants further argue that the Plaintiffs are not entitled to any Grand Jury records, substantive or ministerial, even for a small indication of good faith to the Plaintiffs that the Grand Jury process is moving forward, because Plaintiffs have not shown a particularized need. A question looms whether the actions of the United States Attorneys Office are obstructive and being done in bad faith.
Five Fire Commissioners from Franklin Square-Munson Fire Department Nassau County passed a resolution last Summer to support the Lawyers’ Committee Grand Jury Petition.
Attorneys for the co-plaintiffs, Mick Harrison and John O’Kelly, have three weeks to respond to Defendant’s Motion to Dismiss.
Please support the Lawyers’ Committee efforts for multiple Grand Jury presentations and investigations concerning the various crimes of 9/11.