F.B.I. Formal Response To 9/11 Aircraft Records Lawsuit

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."

http://www.ntsb.gov/speeches/carmody/cc020227.htm

"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".

http://www.ntsb.gov/Speeches/blakey/mcb020625.htm

"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:

http://www.ntsb.gov/NTSB/brief.asp?ev_id=20020123X00103&key=1

DCA01MA063:

http://www.ntsb.gov/NTSB/brief.asp?ev_id=20020123X00104&key=1

DCA01MA064:

http://www.ntsb.gov/NTSB/brief.asp?ev_id=20020123X00105&key=1

DCA01MA065:

http://www.ntsb.gov/NTSB/brief.asp?ev_id=20020123X00106&key=1

Defendant's April 14, 2008 Motion

Page 1:

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Page 2:

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Page 5:

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PDF file of FBI Motion:

http://www.savefile.com/files/1507529

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."

http://pacer.psc.uscourts.gov/

PLAINTIFF'S AMENDED COMPLAINT FOR INJUNCTIVE RELIEF

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

2 Possibilities

1). NTSB/FBI investigators did undertake a collection and identification operation for 9/11 aircraft wreckage and did not generate any related records.

2). NTSB/FBI investigators did undertake a collection and identification operation for 9/11 aircraft wreckage and did generate related records that were later eliminated.

It is difficult to imagine that the recovery and identification of the murder weapons used to take 3,000 lives on 9/11 was not documented.

Your work and tenacity is admirable...

But what happens now?
Will the judge decide, or must you write an answer?

This is realy a major issue, and you have put them on the spot already.

Well done.

Without serial numbers we don't even know

Without serial numbers, we don't even know if there was any "aircraft' wreckage at all at the Pentagon or at Shanksville - let alone an "identification operation for 9/11 aircraft wreckage."

As far as the towers go - it certainly appears (speaking just for myself) that "aircraft" hit the towers.
But this is just my response from watching television and seeing video clips.

Are television newsclips sufficient "evidence" in mass murders? Jane Stanley and Aaron Brown - both of major television networks - reported that building 7 had collapsed, while it was standing behind them.

Anyway --- "Defendant" is using the power of the purse to stall and wear out Plaintiff. Also, Defendant is buying time - during which Defendant can certainly change the subject by initiating another war - declaring martial law etc. etc. etc. But everyone who reads these blogs already knows this. That is the problem.

Good work Aidan. In fact GREAT WORK. I know you don't give a hill of beans whether or not you get any congratulations from us out here - I know you (like all of us) simply seek justice and peace.

Aidan Monaghan and Kevin Barrett discuss the FBI response

On last night's 9/11 and Empire Radio (first few minutes feature Steve Alten)
http://mp3.wtprn.com/Barrett/0804/20080415_Tue_Barrett2.mp3

Law

Are you in touch with any legal advice which may help push this to another level?

Aidan - Please know that you have our support

I have followed your diligent, indefatigable work. You are a force of nature. Please know how much we respect and admire what you are doing. Please let us know however we can help.

Thanx Very Much All

AAA:

To answer your question, I am doing this by myself. I did try to retain an attorney but the Yellow Pages is full of little more than ambulance chasers.

I'll provide a response and then wait for the judge's decision (a 2003 Bush appointee).

By the way, a very generous contribution made by Joann H. proved very helpful in absorbing any current or future costs.

There is a remote chance that the FBI is very selectively interpreting my complaint in order to deny possession of any requested records but I think the complaint and exhibits clearly indicate what I'm trying to obtain.

Once again, thumbsup

You know how we all feel about the importance of your work and perseverance. That being said, I would like to address the interviews you have given lately, like with Kevin in his comment today. My husband and I were very impressed with your talent at articulating you points and vision. Your professionalism is admirable.

Fifteen Views Of The ST Fake Flight 175 Engine

Keystone Cops 9/11: Fifteen Views Of The ST Fake Flight 175 Engine

http://home.att.net/~south.tower/911SouthTowerStreetEngine1.htm

Ok, that's enough.

You've already posted this and it got voted under. Give it a rest.