|
Cryptome DVDs are offered by Cryptome. Donate $25 for two DVDs of the Cryptome 12-years collection of 46,000 files from June 1996 to June 2008 (~6.7 GB). Click Paypal or mail check/MO made out to John Young, 251 West 89th Street, New York, NY 10024. The collection includes all files of cryptome.org, jya.com, cartome.org, eyeball-series.org and iraq-kill-maim.org, and 23,000 (updated) pages of counter-intelligence dossiers declassified by the US Army Information and Security Command, dating from 1945 to 1985.The DVDs will be sent anywhere worldwide without extra cost. | |||
28 May 1998
Source: William H. Payne
See related documents: http://jya.com/whpfiles.htm
FILED
UNITED STATE DISTRICT COURT
DISTRICT OF NEW MEXICO
MAY 28 AM 9:32
Robert March
CLERK-ALBUQUERQUE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
William H. Payne )
)
Plaintiff, )
)
v ) CIV NO 97 0266
) SC/DJS
)
National Security Agency )
)
Defendant )
________________________________)
PLAINTIFF'S MOTION TO AMEND Santiago E. Campos MEMORANDUM OPINION AND
ORDER FILED May 21 1998 11:35 AND OBJECTION TO IN CAMERA EX PARTE MEETING
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
Findings
(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. http://www.jya.com/whp052198.htm
The associated letter to Campos from JOHN J. KELLY, United States Attorney and
JAN ELIZABETH MITCHELL Assistant U.S. Attorney http://www.jya.com/usa052098.htm
violates Executive Order 12958,
Sec. 1.8. Classification Prohibitions and Limitations
http://www.hdsi.com/SP/eo12958.htm.
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
Constitution.
3 Plaintiff filed DEMAND for jury trial seen on the docket at
http://jya.com/whp052298.htm
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.
http://pacific.discover.net/~dansyr/billrigh.html.
This controversy exceeds twenty dollars.
And
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
http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/frcp/query=[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
http://www.hdsi.com/SP/eo12958.htm
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."
http://www.aci.net/kalliste/speccoll.htm
B FOR AT LEAST HALF A CENTURY, THE US HAS BEEN INTERCEPTING AND DECRYPTING
THE TOP SECRET DOCUMENTS OF MOST OF THE WORLD'S GOVERNMENTS
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.
http://caq.com/cryptogate
C The documents in this lawsuit collect open literature on the effects of US spy sting
on Iran. The documents are read at http://jya.com/whpfiles.htm.
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, ...
Conclusion:
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. http://www.law.cornell.edu:80/uscode/18/2381.shtml
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
http://jya.com/whpfiles.htm.
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 http://www.jya.com/usa052098.htm
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
>From http://www.jya.com/glomar-foia.htm
"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
Internet.
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]" http://www.aci.net/kalliste/speccoll.htm
Or that NSA uses feedback shift registers for its crypto algorithms.
http://www.jya.com/crack-a5.htm
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.
http://www.jya.com/whpscalia.htm
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
12958
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
or
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
FBI.
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]
SENIOR UNITED STATES DISTRICT JUDGE
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
CERTIFICATE OF SERVICE
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.