A motion for dismissal of a December 4, 2007 Freedom of Information Act lawsuit, related to records pertaining to the four aircraft involved in the terrorist attacks of September 11, 2001, was provided by F.B.I. trial attorney Stephen Buckingham on Monday April 14, 2008.

Within the defendant's motion, it is indicated that publicly available information provided by the National Transportation Safety Board and utilized as exhibits within the plaintiff's complaint for injunctive relief are disputed.

Regarding publicly available information provided by N.T.S.B. administrators and factual reports, the F.B.I. motion reads in part:

"In paragraphs 9 through 12, plaintiff characterizes specific documents attached as exhibits to the amended complaint, which speak for themselves; insofar as a response may be required, the allegations are denied."

The referred to items contained within the plaintiff's complaint that are apparently disputed by the F.B.I. read as follows:

"9. By document labeled "Remarks of Carol Carmody Vice-Chairman, National Transportation Safety Board Leadership in Times of Crisis Seminar", it is indicated that the director of the F.B.I. requested that the N.T.S.B. "help identify aircraft parts" belonging to the said aircraft. A copy of this letter is attached as Exhibit 5."

"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."

"10. By document labeled "Testimony of Marion C. Blakey, Chairman National Transportation Safety Board before the Committee on Commerce, Science and Transportation United States Senate", it is indicated that the N.T.S.B. assisted the F.B.I. with the process of "aircraft parts identification" regarding the said aircraft. A copy of this letter is attached as Exhibit 6."

"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".

"12. By N.T.S.B. documents identified as DCA01MA060, DCA01MA063, DCA01MA064 and DCA01MA065, it is indicated that the N.T.S.B. is of the opinion that the above noted aircraft that were federally registered as of September 11, 2001, were positively identified as those involved in the terrorist attacks of that day and did provide "requested technical assistance to the F.B.I.", as indicated above. Copies of these documents are attached as Exhibit 8."

DCA01MA060:

DCA01MA063:

DCA01MA064:

DCA01MA065:

Defendant's April 14, 2008 Motion

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PDF file of FBI Motion:

Documents for 2:07-cv-01614-RCJ-GWF can be accessed at The PACER Service Center.

"The PACER Service Center is the Federal Judiciary's centralized registration, billing, and technical support center for electronic access to U.S. District, Bankruptcy, and Appellate court records."

1. This is an action under the Freedom of Information Act, 5 U.S.C. § 552, to order the production of agency records, concerning 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, presumably through the use of unique serial number identifying information contained by the said aircraft's wreckage, that was collected by defendant and which defendant has improperly withheld from plaintiff.

The data sought by plaintiff is the basis for the F.B.I's. current public position, that the following 4 flights were those that were involved in the terrorist attacks of September 11, 2001:

- American Airlines flight 11, United Airlines flight 175, American Airlines flight 77 and United Airlines flight 93.

The data sought by plaintiff was obtained by the F.B.I., which publicly lists the following Federal Aviation Administration then registered aircraft, as those that were involved in the terrorist attacks of September 11, 2001:

- American Airlines flight 11 (N334AA), United Airlines flight 175 (N612UA), American Airlines flight 77 (N644AA) and United Airlines flight 93 (N591UA)

The data sought by plaintiff cannot "interfere with enforcement proceedings" (per Title 5, United States Code, Section 552, subsection (b) (7) (A)), as it is 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)).

2. This court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B).

3. Plaintiff, Aidan Monaghan, is a private individual and is the requestor of the records which defendant is now withholding. Plaintiff has requested this information for non-commercial use and prompt release of the information is important because of the immediate public interest in this information.

4. Defendant Federal Bureau of Investigation (F.B.I.) is an agency of the United States and has possession of the documents that plaintiff seeks.

5. By undated attached letter facsimile, plaintiff requested access to documentation revealing the process by which recovered debris from the aircraft used during the terrorist attacks of September 11, 2001, was positively identified as belonging to the said aircraft. A copy of this letter is attached as Exhibit 1.

6. By letter facsimile dated September 24, 2007, plaintiff was denied access to the requested information on the grounds that it was exempt from disclosure under Title 5, United States Code, Section 552, subsection (b) (7) (A). A copy of this letter is attached as Exhibit 2.

7. By undated attached letter facsimile, plaintiff appealed the denial of this request. A copy of this letter is attached as Exhibit 3.

8. By letter facsimile dated November 26, 2007, plaintiffs appeal of request denial was denied. A copy of this letter is attached as Exhibit 4.

9. By document labeled "Remarks of Carol Carmody Vice-Chairman, National Transportation Safety Board Leadership in Times of Crisis Seminar", it is indicated that the director of the F.B.I. requested that the N.T.S.B. "help identify aircraft parts" belonging to the said aircraft. A copy of this letter is attached as Exhibit 5.

10. By document labeled "Testimony of Marion C. Blakey, Chairman National Transportation Safety Board before the Committee on Commerce, Science and Transportation United States Senate", it is indicated that the N.T.S.B. assisted the F.B.I. with the process of "aircraft parts identification" regarding the said aircraft. A copy of this letter is attached as Exhibit 6.

11. By document identified as "RE: serial number component", e-mail reply provided by N.T.S.B. to a public correspondence e-mail inquiry, it is indicated that the aircraft identification assistance provided by the N.T.S.B. to defendant F.B.I., involved documenting "serial numbers of major components" contained by wreckage recovered by defendant F.B.I.. Copies of these documents are attached as Exhibit 7.

12. By N.T.S.B. documents identified as DCA01MA060, DCA01MA063, DCA01MA064 and DCA01MA065, it is indicated that the N.T.S.B. is of the opinion that the above noted aircraft that were federally registered as of September 11, 2001, were positively identified as those involved in the terrorist attacks of that day and did provide "requested technical assistance to the F.B.I.", as indicated above. Copies of these documents are attached as Exhibit 8.

13. By documents labeled U.S. Code of Federal Regulations (CFR), Title 14, Part 45, it is indicated that all U.S. commercial civil aircraft are required to contain numerous components (described within as "parts") indicating unique serial number data "secured in such a manner that it will not likely be ... lost or destroyed in an accident". Copies of these documents are attached as Exhibit 9.

14. By FAA documents identified as "Summary of Air Traffic Hijack Events", pages 4 and 13, it is indicated that American Airlines flight 11 (N334AA) and United Airlines flight 175 (N612UA) were not transmitting proper transponder identification data at the time of their respective destructions and that therefore, proper aircraft identification cannot have been obtained from this absent or erroneous data. Copies of these documents are attached as Exhibit 10.

15. By documents labeled "NOTES TO CHAPTER 1", page 456, of the "Final Report of the National Commission on Terrorist Attacks Upon the United States" (2004), it is indicated that "the CVRs and FDRs from American 11 and United 175 were not found" and that therefore, proper aircraft identification cannot have been obtained from this absent data. Copies of these documents are attached as Exhibit 11.

16. By photographs identified as "A"-"G", it is indicated that the above noted aircraft wreckage was:

- recovered by the FBI, with the assistance of the N.T.S.B..
- presented for public examination, the display of which was deemed by defendant as not harmful to "enforcement proceedings".

Copies of these documents are attached as Exhibit 12.

17. Plaintiff has a right of access to the requested information under 5 U.S.C. § 552(a)(3), and there is no legal basis for defendants denial of such access.

WHEREFORE, plaintiff requests this Court:

(1) Order defendant to provide access to the requested documents;

(2) Expedite this proceeding as provided for in 28 U.S.C. § 1657;

(3) Award plaintiff costs and reasonable attorneys fees in this action, as provided in 5 U.S.C. § 552(a)(4)(E); and

(4) Grant such other and further relief as it may deem just and proper.

Respectfully submitted,

Aidan Monaghan
Dated: 2/1/2008