Plaintiffs bring this action in an effort to compel Defendants pursuant to a writ of mandamus and the Administrative Procedure Act (“APA”) to present certain information to a federal grand jury pursuant to 18 U.S.C. § 3332(a) (“Section 3332”) and to release grand jury material related to any such presentation. Specifically, Plaintiffs seek to compel Defendants to present to the grand jury the “extensive scientific and eye-witness evidence that explosives were used to destroy three WTC buildings on 9/11.” Am. Cmpl. at 54. According to the Amended Complaint, the “evidence taken together is conclusive that explosive and/or incendiary devices that had been pre-placed at the WTC were detonated causing the complete collapse of the World Trade Center Twin Towers on 9/11…the evidence permits no other conclusion—as a matter of science, as a matter of logic, and as a matter of law.” Id. at 55. For the reasons discussed herein, Plaintiffs’ claims are not cognizable and must be dismissed.

Govt Defs Memorandum of law for Motion Dismiss LC NY Mandamus case April 3 2020