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28 May 1998
Source: William H. Payne

See related documents:

MAY 28 AM 9:32
Robert March


William H. Payne        	)
  Plaintiff,                    )
v                               )	CIV NO 97 0266 
	                        )	SC/DJS
National Security Agency	)
  Defendant                     )


1  COMES NOW plaintiff Payne [Payne] to exercise his rights under the Federal 
Rules of Civil Procedure, Rule 52. Findings by the Court; Judgment on Partial 

  (b) Amendment. On a party's motion filed no later than 10 days after 
  entry of judgment, the court may amend its findings -- or make additional 
  findings -- and may amend the judgment accordingly. ...

2  Plaintiff will show that the Court's [Campos] violates Plaintiff's right 
guaranteed under the 7th Amendment Constitution.

The associated letter to Campos from JOHN J. KELLY, United States Attorney and 
JAN ELIZABETH MITCHELL  Assistant U.S. Attorney 
violates Executive Order 12958, 

   Sec. 1.8. Classification Prohibitions and Limitations

Plaintiff moves to permit Campos to amend ORDER to reflect proper remedy for 
attempted classification abuse and failure to allow Plaintiff's right under the 

3  Plaintiff filed DEMAND for jury trial seen on the docket at

   3/17/97  2   DEMAND for jury trial by plaintiffs (dmw) [Entry date 03/18/97]                

4  Plaintiffs [Payne and Morales] have invested hundreds of hours at over $100 
per hour in pro se legal fee time in this lawsuit.

5  The 7th Amendment to the Constitution reads

    Amendment VII
  In suits at common law, where the value in controversy shall exceed twenty 
  dollars, the right of trial by jury shall be preserved, and no fact tried by a 
  jury, shall be otherwise reexamined in any Court of the United  States, than 
  according to the rules of the common law.

This controversy exceeds twenty dollars.


  Rule 38. Jury Trial of Right 

  (a) Right Preserved.

  The right of trial by jury as declared by the Seventh Amendment to the 
  Constitution or as given by a statute of the United States shall be preserved to 
  the parties inviolate. Seen at[jump!3A!27rule38!27]/doc/{@438}?

Plaintiff has not yet had jury trial Plaintiff paid for in lawsuit filing fee.

6 Executive Order 12958 - Classified National Security Information is seen at

There are limitations in 12958 on classification abuse.  

  Sec. 1.8. Classification Prohibitions and Limitations. 

  (a) In no case shall information be classified in order to: 

     (1) conceal violations of law, inefficiency, or administrative error;
     (2) prevent embarrassment to a person, organization, or agency;
     (3) restrain competition; or
     (4) prevent or delay the release of information that does not require protection 
         in the interest of national security. 

Review of the facts surrounding request of Iran/Iraq war messages reveals

A  "First, U.S. President Ronald Reagan informed the world on national television that 
   the United States was reading Libyan communications. This admission was part of a 
   speech justifying the retaliatory bombing of Libya for its alleged involvement in 
   the La Belle discotheque bombing in Berlin's Schoeneberg district, where two U.S. 
   soldiers and a Turkish woman were killed, and 200 others injured. Reagan wasn't 
   talking about American monitoring of Libyan news broadcasts. Rather, his "direct, 
   precise, and undeniable proof" referred to secret (encrypted) diplomatic 
   communication between Tripoli and the Libyan embassy in East Berlin." ...

   "Knowledgeable sources indicate that the Crypto AG enciphering process, developed 
   in cooperation with the NSA and the German company Siemans, involved secretly 
   embedding the decryption key in the cipher text. Those who knew where to look could 
   monitor the encrypted communication, then extract the decryption key that was also 
   part of the transmission, and recover the plain text message."


     It may be the greatest intelligence scam of the century: For decades, the US has routinely intercepted 
     and deciphered top secret encrypted messages of 120 countries. These nations had bought the world's 
     most sophisticated and supposedly secure commercial  encryption technology from Crypto AG, a 
     Swiss company that staked its reputation and the security concerns of its clients on its neutrality. The 
     purchasing nations, confident that their communications were protected, sent messages from their 
     capitals to embassies, military missions, trade offices, and  espionage dens around the world, via telex, 
     radio, teletype, and facsimile. They not only conducted sensitive albeit legal business and diplomacy, 
     but sometimes strayed into criminal matters, issuing orders to assassinate political leaders, bomb 
     commercial buildings, and engage in drug and arms smuggling. All the while, because of a secret 
     agreement between the  National Security Agency (NSA) and Crypto AG, they might as well have 
     been hand delivering the message to Washington. Their Crypto AG machines had been rigged so that 

     when  customers used them, the random encryption key could be automatically and clandestinely 
     transmitted with the enciphered message. NSA analysts could read the message traffic as easily as   
     they could the morning  newspaper. The cover shielding the NSA-Crypto AG relationship was torn in 
     March 1992, when the Iranian military counterintelligence service arrested Hans Buehler, Crypto 
     AG's marketing representative in Teheran.

C The documents in this lawsuit collect open literature on the effects of US spy sting 
on Iran. The documents are read at

D  Los Angeles Times syndicated columnist writes editorial reprinted in the Albuquerque
Journal 4/21/98 page A6

    U.S. Aided Communist Foe Pol Pot
    Richard Reeves

  Even after he fell from national power, we helped supply and protect
  Pol Pot because the Khmer Rouge was tying down large number of occupying
  North Vietnamese troops.
    These are some of the names of the evil who were or still are paid friends:
  o  Saddam Hussein, paid for making war on Iran.
  o  Gulbuddin Hekmatry, who made his name throwing acid in the faces of female
     students in Kabul who dared to wear western dress, paid for making was against
     communists in Afghanistan.
  o  The Taliban, the religious warriors we helped train to fight communists who are 
     beating or killing those same women right now in Afghanistan.
  o  Manuel Noriega, the soldier-thug we encouraged to overthrow elections in Panama
     because we did not like the results.
  o  Mobuto Sese Seko, one Joseph Mobutu, our man in Zaire.
  o  Jonas Savimbi, in constant war in Angola
  The list goes on.  It has for a long time and will, even if communism is dead as a
  national security threat of the United States.  In may of these cases our interest 
  involved resources - oil, usually, ...


Z  Apparent hiring of Saddam Hussein to make war on Iran may (1) conceal violations of 
law, inefficiency, or administrative error;

Law that may have been broken is

  § 2381. Treason 

  Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving    
  them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or 
  shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be 
  incapable of holding any office under the United States.

for possibly not obtaining congressional approval.
Y  NSA getting caught in it most "audacious" [Baltimore Sun word] spy sting, partially 
as a result of former President Ronald Reagan blowing the whistle on NSA on TV, is 
clearly embarrassing.  Documents cannot be classified to (2) prevent embarrassment to 
a person, organization, or agency;

X  Information about what the US government did to Iran in has been broadcast around 
the world on Internet.  Therefore, the requested documents cannot be classified 
because (4) prevent or delay the release of information that does not require 
protection in the interest of national  security.  Everyone in the world, with
the possible exception of many US citizens,  know that the US did to Iran.

7  NSA gave Sandia National Laboratories "deficient" crypto-type algorithms and bad 
implementation advice.  This is documented in the whistleblowing SAND report seen at  

Also revealed is the feedback functions of nonlinear feedback shift registers and the 
stepping value is classified SECRET in the UNCLASSIFIED SAND report.  Attempting to 
classify mathematical functions violates articles 2 and 4 in section 1.8 of EO 12958.

8  Mitchell writes in

  Because of the nature of the classified material, the in camera review may be
  different from prior reviews of classified documents made by this Court.

There, by 7, are no properly classified documents in this case.  Only an attempt by 
government to cover up embarrassing, if not illegal, activities.

9  Mitchell writes

  I reference your Memorandum Opinion and Order dated April
  30, 1998, in which you requested that the Defendant provide an in
  camera ex parte declaration or detailed affidavit concerning its
  "Glomar response" to Mr. Payne's FOIA request


  "Glomar" response -- that is, when an agency refuses to even confirm or deny the 
  existence or nonexistence of records. The courts have allowed agencies to provide 
  a Glomar response when the agency demonstrates that disclosing the fact of a 
  record's existence or nonexistence itself reveals information that a FOIA exemption 
  seeks to protect. . . .

Anyone IN THE WORLD who cares to know what happened to Iran can read about it on 

  What information was provided to Saddam Hussein exactly? Answers to this question 
  are currently being sought in a lawsuit against NSA in  New Mexico, which has 
  asked to see "all Iranian messages and translations between January 1, 1980 and 
  June 10, 1996. [7]"

Or that NSA uses feedback shift registers for its crypto algorithms.

Glomar is not applicable in this lawsuit because EXISTENCE of the documents ARE KNOWN.

10  Mitchell writes

  Because the declaration will be classified, counsel for the National Security Agency,
  who holds a security clearance for this information, will travel to Santa Fe to 
  present the declaration to the Court, in camera and ex parte.

Plaintiff objects that any in camera ex parte violates the principle of open courts 
in the US and is not required because the general existence of the documents are 
publicly known and not classifiable under EO 12958.

11  Mitchell writes

  It is my understanding from my discussions with Susan A. Arnold, Assistant General 
  Counsel from the Office of General Counsel, National Security Agency (NSA), Fort 
  Meade, Maryland, that because of the classified  nature of the document, you will 
  be the only person authorized access to the declaration unless another individual 
  on your staff possesses a security clearance commensurate with the highest level of 
  classification of the material of the declaration.

Judge Campos currently has a yet-unanswered criminal complaint affidavit lodged 
against him.

Therefore, it is doubtful that Campos qualifies for any proper US security clearance.

12  Mitchell writes

  NSA anticipates that the classification level will be TOP SECRET (TS), Sensitive 
  Compartmented Information (SCI), CODEWORD.  This necessarily means, as the Court 
  pointed out at footnote 20 of the memorandum, that Plaintiff in this case may not 
  be present and may not have access to the declaration.

Plaintiff had Q clearance, SCI access, and cryptographic access while he was employed 
at Sandia and, therefore, should be able to view any declaration.

Plaintiff objects to not being able to very any documents and challenges under EO 

  Sec. 1.9. Classification Challenges. 

  (a) Authorized holders of information who, in good faith, believe that its 
  classification status is improper are encouraged and expected to challenge the 
  classification status of the information in accordance with agency procedures 
  established under paragraph (b), below. 

  (b) In accordance with implementing directives issued pursuant to this order, an 
  agency head or senior agency official shall establish procedures under which 
  authorized holders of information are encouraged and expected to challenge the 
  classification of information that they believe is improperly classified or 
  unclassified. These procedures shall assure that: 

     (1) individuals are not subject to retribution for bringing such actions;
     (2) an opportunity is provided for review by an impartial official or panel; and
     (3) individuals are advised of their right to appeal agency decisions to the 
         Interagency Security Classification Appeals Panel established by section 
         5.4 of this order.

Copy of this MOTION sent to DIR NSA Minihan is the request for classification review 
of any documents or statement which may be given to Campos.

13  Campos writes

  The Court reminds Plaintiff of his obligations under Federal Rule of Civil Procedure 
  11 and applicable case law. Motions, pleadings, or other papers are not be presented 
  to the Court to harass, to cause unnecessary delay, or for any other improper purpose.
  Under rule 11, by presenting a motion, pleading, or other paper to the Court, 
  Plaintiff is also certifying that his claim or other legal contentions made therein 
  are warranted by existing law, have evidentiary support, or are otherwise 
  nonfrivolous. Violation of Rule 11 can result in  sanctions.

Campos paragraph is a clear attempt to threaten Plaintiff for Plaintiff's exercise of 
his Constitutional rights.

14 An issue in this lawsuit is whether US government and federal court system is to 
be operated as a

  DEMOCRACY - government by the people


  FASCISM - a political and economic movement, strongly nationalistic, magnifying 
  the rights of the state as opposed to those of the individual, in which industry, 
  though remaining largely under private ownership, and all administrative political 
  units, are controlled by a strong central government.

where abuse of classification of is used to promote cryptographic business interests of  NSA, NIST and the 

And whether classification abuse can be used to attempt hide likely-unlawful military 
attacks on foreign countries initiated by bureaucrats without congressional approval.

Therefore, Plaintiff demands his right guaranteed by the Constitution and Federal 
Rules of Civil Procedure in this democratic country to present arguments to an 
impartial jury and judge for release of the lawfully requested documents under the 
FOIA in preparation for settlement of this American tragedy.

WHEREFORE  Plaintiff moves for Campos to amend MEMORANDUM OPINION AND ORDER
	which currently reads

  NOW, THEREFORE, IT IS ORDERED that Plaintiff's Motion to Amend should be,
  and is hereby, DENIED.

     [Signature: Santiago E. Campos]


to read

14 Santiago Campos disqualifies himself under 28 USC § 455. Disqualification of 
justice, judge, or magistrate 

    (a) Any justice, judge, or magistrate of the United States shall 
    disqualify himself in any proceeding in which his impartiality 
    might reasonably be questioned. ...

from further participation in case CIV NO 97 0266, UNITED STATES DISTRICT COURT FOR 
THE DISTRICT OF NEW MEXICO for denying Plaintiff's Constitutional right to Trial by 
Jury and attempting to threaten Plaintiff with sanctions for Plaintiff's exercising 
civil right guaranteed under the Constitution.

                    Respectfully submitted, 

	            William H. Payne             	   	     
                    13015 Calle de Sandias NE          	     
                    Albuquerque, NM 87111              	     

                    Pro se litigant


I HEREBY CERTIFY that a copy of the foregoing memorandum
was mailed to Lieutenant General Kenneth A. Minihan, USAF, 
Director,  National Security Agency, National Security Agency, 
9800 Savage Road, Fort George G. Meade, MD 20755-6000 
and hand delivered to Jan E Mitchell, Assistant US Attorney, 
9 Floor, US Bank Building, 4th and Tijeras, ABQ, NM 87102 
this Thursday May 28, 1998.