Defendant indicated within the March 14, 2008 motion that "the identities of the airplanes hijacked in the September 11 attacks was never in question" and that "there were no records generated" responsive to Plaintiff's Amended Complaint.

Plaintiff's Amended Complaint sought "documentation revealing the process by which wreckage recovered by Defendant, from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified by Defendant (with the aid of the National Transportation Safety Board), as belonging to the said aircraft".

As indicated within Exhibit 8 of Plaintiff's Amended Complaint, the NTSB indicates that "the terrorist attacks of September 11, 2001 are under the jurisdiction of the Federal Bureau of Investigation. The Safety Board provided requested technical assistance to the FBI, and any material generated by the NTSB is under the control of the FBI." Plaintiff believes that such records are subject to release, pursuant to Plaintiff's Amended Complaint, as they represent responsive "documentation revealing the process by which wreckage recovered by Defendant, from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified by Defendant".

By attached Federal Aviation Administration Freedom of Information Act reply facsimiles, it is indicated that the FAA is "not in a position to release" requested records pertaining to the aircraft used to carry out the terrorist attacks of September 11, 2001. Plaintiff believes that such FAA records are also under the control of Defendant and are thus subject to release, pursuant to Plaintiff's Amended Complaint, as they represent responsive "documentation revealing the process by which wreckage recovered by Defendant, from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified by Defendant".

Such responsive NTSB and FAA records apparently under the control of Defendant, are only available by release of them by Defendant.

As indicated by 2002 public statements offered by Carol Carmody, Vice Chairman National Transportation Safety Board and Marion C. Blakey, Chairman National Transportation Safety Board, FBI director Robert Mueller requested NTSB assistance with 9/11 aircraft wreckage identification and that the NTSB did perform 9/11 aircraft wreckage identification analysis.

Plaintiff therefore has reasonable cause to believe that records under the control of Defendant agency and responsive to plaintiff's request do exist and have been withheld.

"I ... assured FBI Director Mueller that we would assist in any way we could ... he called and said, "Could you send us some people to help find the black boxes and help identify aircraft parts."

"Over 60 Safety Board employees worked around the clock in Virginia, Pennsylvania, New York, and at our headquarters in Washington, D. C., assisting with aircraft parts identification".

Plaintiff believes that an incorrect interpretation by Defendant of Plaintiff's request for responsive agency records, has resulted in negative search results.

Plaintiff's request referenced a presumed use of wreckage serial number data as just one possible means of wreckage or "aircraft parts" identification. Plaintiff's reference to a presumed use of serial number data does not represent a parameter by which other identification methods are to be excluded from consideration as being responsive to Plaintiff's Amended Complaint. Plaintiff's primary objective is and has been to obtain from Defendant, "documentation revealing the process by which wreckage recovered by Defendant, from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified by Defendant (with the aid of the National Transportation Safety Board), as belonging to the said aircraft".

Such documentation that Plaintiff believes to also be within the scope of requested records and thus subject to release are:

-Unreleased recorded images (documentation) of all material believed to be or indicated to be aircraft wreckage from each aircraft crash scene and/or any wreckage examination or storage facilities. Recording of such images (documentation) represents a "process by which wreckage recovered by Defendant, from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified by Defendant."

-Release of the entire 25 hours of extracted flight data (documentation) from the recovered Flight Data Recorders (wreckage) from American Airlines flight 77 (N644AA) and United Airlines flight 93 (N591UA). Select FDR data specific to American Airlines flight 77 (N644AA) and United Airlines flight 93 (N591UA) has already been released to the public (a publicly transparent "process by which wreckage recovered by Defendant, from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified by Defendant.") Exempting remaining FDR data from release would be arbitrary.

-Release of records indicating the current whereabouts or other disposition of recovered evidence (wreckage) indicated as being of the 4 aircraft in question.

-Unreleased records (documentation) indicating the time and location at which each Flight Data Recorder and/or Cockpit Voice Recorder (wreckage) was recovered and "positively identified by Defendant".

-Any unreleased documentation containing serial number data for the recovered Flight Data Recorders and/or Cockpit Voice Recorders (wreckage) from American Airlines flight 77 (N644AA) and United Airlines flight 93 (N591UA) .

The records sought by Plaintiff cannot "interfere with enforcement proceedings" (per Title 5, United States Code, Section 552, subsection (b)
(7) (A)), as they are the basis for the F.B.I's. already publicly known opinion regarding the identities of the said aircraft, the publication of which was not predicted by the F.B.I., to "interfere with enforcement proceedings", as alleged (per Title 5, United States Code, Section 552, subsection (b) (7) (A)).

The terrorist attacks of September 11, 2001 are collectively one of the most significant events in world history. Because of the absence of complete information regarding various aspects of this event, many scenarios contrary to the U.S. government's account of events, have evolved within a large percentage the collective public's imagination.

Release of requested records under the control of Defendant, that can better clarify events of that day, are thus very much in the greater public interest.

DATED: March 24, 2008.

Respectfully submitted,