Whilimena

Here again the Enterprise found itself in a situation and sought to 'take out' this Pam Am Flight.

Bogeyman Muammar Ghadaffi was blamed so that a few millions could be milked out of him.

We give you an overview of the Lockerbie Scam:

From 'turn that s... up'

Lockerbie: CIA witness gagged by US government

FORMER CIA agent who claims Libya is not responsible for the Lockerbie
bombing is being gagged by the US government under state secrecy laws
and faces 10 years in prison if herevealsanyinformation about the
terrorist attack.
United Nations diplomats are outraged that the US government is
apparently suppressing a potential key trial witness. Diplomats are now
demanding that the CIA agent, Dr Richard Fuisz, be released from the
gagging order. Fuisz, a multi-millionaire businessman and
pharmaceutical researcher, was, according to US intelligence sources,
the CIA's key operative in the Syrian capital Damascus during the 1980s
where he also had business interests.
One month before a court order was served on him by the US government
gagging him from speaking on the grounds of national security, he spoke
to US congressional aide Susan Lindauer,
telling her he knew the identities of the Lockerbie bombers and
claiming they were not Libyan.
Lindauer, shocked by Fuisz's claims, immediately compiled notes on the
meeting which formed the basis of a later sworn affidavit detailing
Fuisz's claims. One month after their conversation, in October 1994, a
court in Washington DC issued an order barring him from revealing any
information on the grounds of "military and state secrets privilege".
Congressional aide Lindauer, who was involved in early negotiations
over the Lockerbie trial, claims Fuisz made "unequivocal statements to
me that he has first-hand knowledge about the Lockerbie case". In her
affidavit, she goes on: "Dr Fuisz has told me that he can identify who
orchestrated and executed the bombing. Dr Fuisz has said that he can
confirm absolutely that no Libyan national was involved in planning or
executing the bombing of PanAm 103, either in any technical or advisory
capacity whatsoever."
Fuisz's statements to Lindauer support the claims of the two Libyans
accused who are to incriminate a number of terrorist organisations,
including the Popular Front for the Liberation of Palestine-General
Command, which had strong links to Syria and Iran.

_______________________
The Lockerbie Bombing Trial: Is Libya Being Framed?
by Gary C. Gambill

Lockerbie wreckage
The wreckage from Pan Am Flight 103 (Greg Bos/Reuters)
Scotland's Sunday Herald reported last week that the U.S. government placed a gag order on a former CIA agent to prevent him from testifying in the trial of two Libyans accused of carrying out the December 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland that killed 270 people.

Dr. Richard Fuisz, a wealthy businessman and pharmaceutical researcher who was a major CIA operative in Damascus during the 1980s, told a congressional staffer in 1994 that the perpetrators of the bombing were based in Syria. "If the government would let me, I could identify the men behind this attack . . . I can tell you their home addresses . . . you won't find [them] anywhere in Libya. You will only find [them] in Damascus," Fuisz told congressional aide Susan Lindauer, who has submitted a sworn affidavit describing this conversation to the Scottish court that is trying the two suspects.

One month after their meeting, a Washington DC court issued a ruling that prohibits Fuisz from discussing the Lockerbie bombing on national security grounds. When a reporter called Fuisz last month with questions about Lindauer's affidavit, he replied: "That is not an issue I can confirm or deny. I am not allowed to speak about these issues. In fact, I can't even explain to you why I can't speak about these issues." The report quoted a senior UN official who has seen the affidavit as saying that "in the interests of natural justice, Dr. Fuisz should be released from any order which prevents him telling what he knows of the PanAm bombing."1

The investigation into the bombing by Scottish police and the FBI initially focused exclusively on evidence linking the blast to the Damascus-based Popular Front for the Liberation of Palestine-General Command (PFLP-GC), a radical Palestinian group closely allied with Syrian President Hafez Assad and other senior officials. However, the investigation suddenly changed courses after Syria joined the U.S.-led coalition against Iraq in 1991 and Iran stayed neutral. In November of that year, U.S. investigators issued indictments against two alleged Libyan intelligence agents and President George Bush declared that Syria had taken a "bum rap" on Lockerbie.

Fuisz is not the first to run afoul of the U.S. government for speaking about Syrian and Iranian complicity in the Lockerbie bombing. Juval Aviv, the president of Interfor, a New York corporate investigative company hired by Pan Am to conduct an inquiry into the bombing, was indicted for mail fraud after Interfor announced its conclusion that the PFLP-GC had been responsible.2 A former agent for the Defense Intelligence Agency (DIA), Lester Coleman, was charged by the FBI with "falsely procuring a passport" while he was researching a book entitled Trail of the Octopus which fingered the PFLP-GC (Coleman left the country and published the book in Britain).3 William Casey, a lobbyist who made similar claims about PFLP-GC involvement, said in 1995 that the U.S. Justice Department had frozen his bank accounts and federal agents scoured through his garbage cans.4

The Case Against Libya

Al-Megrahi and Fahima
A courtroom sketch of Abdel Basset Al-Megrahi (center), and Al-Amin Khalifa Fahima (right) during the trial proceedings on May 5. (Fred Ernst/Reuters)
The prosecution's claim is that two Libyan intelligence agents, Al-Amin Khalifa Fhimah and Abdel Basset Ali al-Megrahi, planted Semtex plastic explosives inside a Toshiba radio-cassette recorder in an unaccompanied suitcase on a flight from Malta to Frankfurt, where it was transferred onto Pan Am flight 103, bound for New York via London's Heathrow airport.

The first important chain of evidence links the bomb-laden suitcase on Flight 103 to Air Malta Flight KT180. Fragments of the Toshiba radio-cassette recorder were found inside a brown Samsonite suitcase, the only piece of luggage on the Flight 103 that was not checked by a passenger. The suitcase had entered the baggage system at Frankfurt at the same time and location as the Air Malta flight was unloading. According to prosecutors, a tattered shirt with a Maltese label containing fragments of the timing device was found by a Scottish man walking his dog 18 months after the explosion (fabric samples from the shirt were said to indicate that it was inside the brown suitcase).

However, Air Malta's computer records show no indication that a brown Samsonite suitcase was on board Flight KT180, and the notion that an old man walking his dog would stumble across a key piece of evidence a year and a half after the explosion is a bit far-fetched. Moreover, according to a forensic report which the defense will present during the trial, a bomb in a suitcase stored in the aluminum luggage containers could not have created the dinner plate-sized hole in the fuselage that brought down the plane--the bomb would have had to be directly next to the plane's fuselage. If this true, then the prosecution's entire explanation of how the bomb arrived on the aircraft in Malta falls apart.

A second chain of evidence links the two Libyan suspects to Malta. Detectives traced the charred remains of clothing tattered shirt to a clothing shop in Sliema, Malta, whose owner, Tony Gauci, said that he recalled selling the clothes to a tall Arab male, about 50 years old, in the fall of 1988. Investigators say he later identified the man who bought the clothes as Megrahi. However, Megrahi was only 36 at the time, and Gauci greatly overestimated his height. Moreover, a member of the PFLP-GC, Muhammed Abu Talb, was originally identified as the man who bought the clothes during the early stages of the investigation.5

A third primary piece of evidence said to implicate Libya are two fragments of an electronic circuit board from the the timing device that detonated the explosives on board the airliner. Investigators traced the fragments to a Swiss company which manufactures electronic timers, Mebo Telecommunications. The head of Mebo Communications, Edwin Bollier, told investigators that the fragments came from an MST-13 timer he had sold to the Libyan government. However, Bollier recently said he had made the identification solely from looking at photographs of the fragments. When he was shown one of the actual fragments in September 1999, he concluded that "the fragment does not come from one of the timers we sold to Libya." Bollier says that it appears to come from one of the three prototypes built by his company--two of which were sold to the Institute of Technical Research in East Germany (a front for the Stasi intelligence service), while the third was stolen. He intends to testify to this at the trial, as will Owen Lewis, a British forensic expert.6

A fourth important piece of evidence is the testimony of a former Libyan intelligence officer who will identify the two suspects as members of Libya's intelligence service. While details of what he told investigators are scarce, sources close to the defense have said that it is highly questionable.

A number of irregularities in the investigation also detract from the plausibility of the prosecution's claims. The American FBI agent who was instrumental in pushing the Libya hypothesis, J. Thomas Thurman, was later suspended for manipulating evidence to favor the prosecution in subsequent cases.7

The Case Against Syria/Iran

The primary hypothesis guiding the investigation for the first year was that the bombing was perpetrated by the Syria-based PFLP-GC, presumably acting on behalf of Iran. Ayatollah Ruhollah Khomeini had vowed to retaliate for the U.S. Navy's July 1988 downing of an Iranian airliner over the Persian Gulf, saying that the skies would "rain blood" and offering a $10 million reward to anyone who "obtained justice" for Iran. Ayatollah Ali Akbar Mohtashemi, Teheran's envoy in Damascus in 1988, was believed to have recruited the financially-strapped group for the task.

Two months before the disaster, German police arrested 15 terrorist suspects, all connected to the PFLP-GC, and confiscated three explosive devices consisting of Semtex hidden inside Toshiba cassette recorders--nearly identical to the one used in the Lockerbie bombing ( the only major difference being that they had barometric triggers, rather than electronic timers of the type that investigators claim detonated the explosives on board Pan Am flight 103). Moreover, U.S. officials reportedly had received advance warnings that a flight to New York would be targeted around the time of the Lockerbie bombing. In fact, Stephen Green, a senior Drug Enforcement Agency (DEA) administrator, John McCarthy, the U.S. Ambassador to Beirut, and several other U.S. officials were originally scheduled to fly on the ill-fated airliner on December 21, but rescheduled at the last minute.

It's possible that the PFLP smuggled the bomb on board Pan Am flight 103 from Malta. Abu Talb was sighted in Malta just weeks before the bombing. When he was later arrested in Sweden, police found the date of the Lockerbie explosion (December 21) circled on his calender.8

This and most other evidence linking the Lockerbie bombing to the PFLP-GC is largely circumstantial and difficult to substantiate, if only because the results of the FBI's early investigation into its involvement were not made public. The question is: Given the weaknesses in the case against Libya, why was the investigation into PFLP-GC involvement suspended and should it be reactivated if the two Libyan defendants are acquitted?..."

____________________
LockerbieScam
Related topic

* Lockerbie
http://news.scotsman.com/topics.cfm?tid=184

This article: http://news.scotsman.com/index.cfm?id=1855852005


Scotland on Sunday Sun 28 Aug 2005
Police chief- Lockerbie evidence was faked
MARCELLO MEGA

A FORMER Scottish police chief has given lawyers a signed statement claiming that key evidence in the Lockerbie bombing trial was fabricated.

The retired officer - of assistant chief constable rank or higher - has testified that the CIA planted the tiny fragment of circuit board crucial in convicting a Libyan for the 1989 mass murder of 270 people.

The police chief, whose identity has not yet been revealed, gave the statement to lawyers representing Abdelbaset Ali Mohmed Al Megrahi, currently serving a life sentence in Greenock Prison.

The evidence will form a crucial part of Megrahi's attempt to have a retrial ordered by the Scottish Criminal Cases Review Commission (SCCRC). The claims pose a potentially devastating threat to the reputation of the entire Scottish legal system.

The officer, who was a member of the Association of Chief Police Officers Scotland, is supporting earlier claims by a former CIA agent that his bosses "wrote the script" to incriminate Libya.

Last night, George Esson, who was Chief Constable of Dumfries and Galloway when Megrahi was indicted for mass murder, confirmed he was aware of the development.

But Esson, who retired in 1994, questioned the officer's motives. He said: "Any police officer who believed they had knowledge of any element of fabrication in any criminal case would have a duty to act on that. Failure to do so would call into question their integrity, and I can't help but question their motive for raising the matter now."

Other important questions remain unanswered, such as how the officer learned of the alleged conspiracy and whether he was directly involved in the inquiry. But sources close to Megrahi's legal team believe they may have finally discovered the evidence that could demolish the case against him.

An insider told Scotland on Sunday that the retired officer approached them after Megrahi's appeal - before a bench of five Scottish judges - was dismissed in 2002.

The insider said: "He said he believed he had crucial information. A meeting was set up and he gave a statement that supported the long-standing rumours that the key piece of evidence, a fragment of circuit board from a timing device that implicated Libya, had been planted by US agents.

"Asked why he had not come forward before, he admitted he'd been wary of breaking ranks, afraid of being vilified.

"He also said that at the time he became aware of the matter, no one really believed there would ever be a trial. When it did come about, he believed both accused would be acquitted. When Megrahi was convicted, he told himself he'd be cleared at appeal."

The source added: "When that also failed, he explained he felt he had to come forward.

"He has confirmed that parts of the case were fabricated and that evidence was planted. At first he requested anonymity, but has backed down and will be identified if and when the case returns to the appeal court."

The vital evidence that linked the bombing of Pan Am 103 to Megrahi was a tiny fragment of circuit board which investigators found in a wooded area many miles from Lockerbie months after the atrocity.

The fragment was later identified by the FBI's Thomas Thurman as being part of a sophisticated timer device used to detonate explosives, and manufactured by the Swiss firm Mebo, which supplied it only to Libya and the East German Stasi.

At one time, Megrahi, a Libyan intelligence agent, was such a regular visitor to Mebo that he had his own office in the firm's headquarters.

The fragment of circuit board therefore enabled Libya - and Megrahi - to be placed at the heart of the investigation. However, Thurman was later unmasked as a fraud who had given false evidence in American murder trials, and it emerged that he had little in the way of scientific qualifications.

Then, in 2003, a retired CIA officer gave a statement to Megrahi's lawyers in which he alleged evidence had been planted.

The decision of a former Scottish police chief to back this claim could add enormous weight to what has previously been dismissed as a wild conspiracy theory. It has long been rumoured the fragment was planted to implicate Libya for political reasons.

The first suspects in the case were the Syrian-led Popular Front for the Liberation of Palestine - General Command (PFLP-GC), a terror group backed by Iranian cash. But the first Gulf War altered diplomatic relations with Middle East nations, and Libya became the pariah state.

Following the trial, legal observers from around the world, including senior United Nations officials, expressed disquiet about the verdict and the conduct of the proceedings at Camp Zeist, Holland. Those doubts were first fuelled when internal documents emerged from the offices of the US Defence Intelligence Agency. Dated 1994, more than two years after the Libyans were identified to the world as the bombers, they still described the PFLP-GC as the Lockerbie bombers.

A source close to Megrahi's defence said: "Britain and the US were telling the world it was Libya, but in their private communications they acknowledged that they knew it was the PFLP-GC.

"The case is starting to unravel largely because when they wrote the script, they never expected to have to act it out. Nobody expected agreement for a trial to be reached, but it was, and in preparing a manufactured case, mistakes were made."

Dr Jim Swire, who has publicly expressed his belief in Megrahi's innocence, said it was quite right that all relevant information now be put to the SCCRC.

Swire, whose daughter Flora was killed in the atrocity, said last night: "I am aware that there have been doubts about how some of the evidence in the case came to be presented in court.

"It is in all our interests that areas of doubt are thoroughly examined."

A spokeswoman for the Crown Office said: "As this case is currently being examined by the SCCRC, it would be inappropriate to comment."

No one from the Association of Chief Police Officers in Scotland was available to comment.

____________________ WHY ROBERT BOOTH NICHOLS AND MICHAEL RICONOSCIUTO SHOULD BE CALLED AS WITNESSES TO THE LOCKERBIE TRIAL, ALONG WITH LESTER COLEMAN AND MICHAEL T. HURLEY. I think it is very important to present a "full" and complete picture of Lester K. Coleman in order to understand why he is so important to understanding "the big picture". To that end, the following is an article about Coleman from the London Times dated Monday, July 22,1991. The article carries no byline and reads as follows: US DRUGS STING 'GAVE PAN AM BOMBER COVER' A former American intelligence officer who worked for a secret unit, four of whose members have been killed, is hiding abroad because of allegations he has made about the Lockerbie bomb disaster. Lester Knox Coleman, formerly with the Defense Intelligence Agency (DIA) is a key witness behind allegations that negligence on the part of the US government led to the placing of a bomb on board Pan Am flight 103 which exploded over Lockerbie in Scotland on December 21, 1988, killing 270 people. Mr. Coleman, age 47, worked until May 1990 with the secret unit Middle East Collection 10 (MC10). For most of his six years with the DIA he was in Cyprus, running a network of agents in Beirut, whose mission was to find American hostages held by extremists. Two senior MC10 members were Matthew Kevin Gannon and Major Charles Dennis McKee. Both were on flight 103 and had just returned from a mission in Beirut. Also on board was Khaled Nazir Jaafar, a Lebanese agent for the American Drug Enforcement Administration (DEA). Mr. Coleman has a unique insight into DIA and DEA operations in the Middle East because he worked for both organizations in Cyprus. While still a DIA agent -- usually paid in travelers cheques sent from the Luxembourg branch of the now collapsed Bank of Credit and Commerce International (BCCI) -- he was seconded twice to the DEA, from February to September 1987 and April to May 1988. According to an affidavit by Mr. Coleman given to Pan Am lawyers in Brussels on April 17 this year [1991], the DEA, with the narcotics squad of the Cypriot national police, the German BKA police and British customs, ran a "drugs sting operation" through Cyprus and airports in Europe including Frankfurt. It involved delivering heroin from the Bekaa Valley in Lebanon to the United States, particularly to Detroit, Houston and Los Angeles, where there are large Lebanese communities. The explanation for this operation, which was officially codenamed Khourah, was provided by Ronald Caffrey, acting assistant administrator of the operational division of the DEA, in a US government submission dated March 20 this year [1991]. He said the drugs operation was "a controlled delivery". His statement said: "In a controlled delivery, a law enforcement agency permits and monitors shipment of contraband, including drugs, to move from a source or transit location to its intended destination. Use of this technique is sometimes essential to enable law enforcement agencies to identify and arrest high-ranking members of trafficking organizations, rather than simply arrest low level couriers." Mr. Coleman, with his knowledge of this type of operation, believes that flight 103 was being used by the DEA as a "controlled" flight in which Khaled Jaafar, a DEA courier, was allowed to carry his luggage through Frankfurt without being subject to normal security checks. He knew Jaafar was one of many agents involved in drug operations. In a telephone conversation last October with a BKA officer in charge of investigations at Frankfurt Rhein-Main airport, Mr. Coleman said he was told that BKA had "serious concerns" that a US drugs sting operation out of Cyprus had been used by terrorists to place the bomb on flight 103, by switching bags. According to reports last year, the security of flight 103 had already been compromised by a mysterious man with an American accent using the pseudonym David Lovejoy, who had reportedly telephoned the Iranian embassy in Beirut on December 20, 1988, the day before the Lockerbie flight, to tip them off that US agents Gannon and McKee would return from a mission in Beirut to the US on flight 103. Mr. Coleman said: "Individuals involved in drug sting operations would arrive at Larnaca (in Cyprus) on the ferry from Jounich (in Lebanon) and be escorted by officers of the Cypriot national police to the offices of Eurame Trading Company in Nicosia, a DEA proprietary company." Mr. Coleman saw Khaled Jaafar on at least three occasions in the Eurame offices and knew him to be a DEA courier. The DEA has denied it was involved in a drugs sting operation at any time around the Lockerbie incident. But James Shaughnessy, lead counsel for Pan Am, said in his latest affidavit dated May 3 [1991]: "The DEA's denial is incredulous....simply false." Pan Am's affidavit refers to a telephone conversation between a senior officer of British customs' investigations branch and Michael Jones of Pan Am Corporate Security in London in which he asked: "Have you considered a bag switch in Frankfurt due to the large amounts of Turkish workers?" The Beirut end of MC10 had been "blown". There were five key members of the MC10 cell in Cyprus and Beirut, according to Mr. Coleman. Apart from Mr. Coleman there were Werner Tony Asmar, a German Lebanese, Charlie Frezeli, a Lebanese army officer, and two more Lebanese who worked with Asmar. Asmar was killed in a bomb explosion at his office in east Beirut on May 26, 1988. Frezeli was shot dead at his home in east Beirut in November 1989. When Asmar was killed, the DIA ordered Mr. Coleman home. Those, like Mr. Coleman and the Pan Am lawyers who are convinced there is a link between the Lockerbie bomb and "Operation Khourah", were not helped by the so-called Aviv report, which claimed that a rogue CIA unit permitted the bags switch, knowing it contained a bomb. The report, produced by Israeli investigator Juval Aviv was discredited. Now, however, a judge in a US court has ruled that the US government must produce all relevant documents relating to the practice of drugs sting operations through Frankfurt and elsewhere in Europe. End of article. It is VERY important to read the preceding article closely and then re-read it again. Next, one must compare the information in the article to an affidavit Coleman introduced in Adversary Proceeding No. 86-0069 in the case entitled INSLAW, INC, plaintiff v. USA and the USA DEPARTMENT OF JUSTICE filed in the United States District Court for the District of Columbia. The affidavit reads as follows: I, LESTER K. COLEMAN, being duly sworn do hereby state as follows: 1. I am currently self-employed as a freelance writer, editor, and security consultant. I am a United States citizen and am temporarily residing outside of the United States. 2. In November 1984, the Defense Intelligence Agency (DIA) offered me a position in human intelligence operations in the Middle East. I was raised in the Middle East, where I lived in Iran, Libya and Saudi Arabia. I speak three dialects of Arabic and some Farsi. I accepted the position and received training from the DIA. I was assigned to a Middle East intelligence unit. 3. Between February and September 1987, I was seconded by DIA to the Drug Enforcement Administration (DEA) in Nicosia, Cyprus, reporting to the DEA Country Attaché, Michael T. Hurley. 4. After a cover assignment in the United States, I was again seconded to the DEA in Nicosia, Cyprus, in early 1988. 5. During April and May 1988, I worked in the offices of EURAME Trading Company, Ltd., in Nicosia, Cyprus, a DEA proprietary company. On or about May 29, 1988, because of my concern about poor security in the DEA operation in Cyprus, I returned to the United States, having previously obtained the concurrence of the DIA. 6. During my two stints as a DIA covert intelligence officer seconded to the DEA in Nicosia, Cyprus, I became aware of the fact that DEA was using its proprietary company, EURAME Trading Company, Ltd, to sell computer software called PROMISE or PROMIS to the drug abuse control agencies of various countries in the Middle East, including Cyprus, Pakistan, Syria, Kuwait and Turkey. 7. I personally witnessed the unpacking at the Nicosia, Cyprus, Police Force Narcotics Squad of boxes containing reels of computer tapes and computer hardware. The boxes bore the name and red logo of a Canadian corporation with the words "PROMISE" or "PROMIS" and "Ltd" in the company name. 8. The DEA objective in inducing the implementation of this computerized PROMIS[E] system in the drug abuse control resources available to the United States government by making it possible for the United States Government to access sensitive drug control law enforcement and intelligence files of these Middle East governments. 9. It is also my understanding that third-party funds were generally made available for the purchase of these computer software and hardware systems. One third-party funding source was the United Nations Fund for Drug Abuse Control in Vienna, Austria. 10. As DEA Country Attaché for Cyprus, Michael T. Hurley had overall responsibility for both the EURAME Trading Company, Ltd, and its initiative to sell PROMIS[E] computer systems to Middle East countries for drug abuse control. 11. In 1990, DEA reassigned Hurley to a DEA intelligence position in Washington State. 12. I became aware in 1991 that Michael Riconosciuto, known to me as a long-time CIA asset, was arrested in Washington State by DEA for the manufacturing of illegal chemical drugs. I had also become aware of the fact that Riconosciuto made a sworn statement, prior to his arrest, about his participation in a covert U.S. intelligence initiative to sell INSLAW's PROMIS to foreign governments. 13. In light of Hurley's personal involvement in the U.S. Government's covert intelligence initiative to sell PROMIS[E] software to foreign governments and his reassignment to a DEA intelligence position in Washington State in advance of the DEA's arrest of Riconosciuto, the arrest of Riconosciuto should be regarded as suspect. I do not believe that Hurley's posting to a drug intelligence position in Washington State in advance of Riconosciuto's arrest on drug charges in merely coincidental. Rather, the probability is that Hurley was reassigned to Washington State to manufacture a case against Riconosciuto in order to prevent Riconosciuto from becoming a credible witness about the U.S. Government's covert sale of the PROMIS software to foreign governments. 14. The investigative journalist Danny Casolaro contacted me in Europe on August 3, 1991. Mr. Casolaro had leads and hard information about things that I know about, including Department of Justice groups operating overseas, the sale of PROMIS[E] software by the U.S. Government to foreign governments, the Bank of Credit and Commerce International (BCCI), and the Iran/Contra scandal. I subsequently learned of Mr. Casolaro's death in Martinsburg, West Virginia, one week later, on August 10, 1991. I contacted INSLAW in October 1991, after learning about Mr. Casolaro's death under suspicious circumstances. FURTHER AFFIANT SAYETH NOT. Signed by Lester K. Coleman This, then, was Danny Casolaro's Octopus. Casolaro had been interviewing Michael Riconosciuto since approximately May of 1990; Casolaro had also met with and interviewed Michael's wife, Bobbie. Both Riconosciutos had told Casolaro the same thing they have repeatedly told me about the downing of Pan Am 103. Michael Roconosciuto claimed to be an intelligence officer monitoring the hostage situation in Iran, staying at the apartment of Robert Booth Nichols and Ellen Hopko Nichols located near the Nicosia, Cyprus airport. This group of people, according to Michael, were also involved in the "controlled drug operation" run by the DIA. Riconosciuto stated that they were paid with unsigned BCCI travelers checks. Shortly before the Lockerbie crash Riconosciuto returned to his home in Oregon. He knew that the McKee team would be returning to the United States to "blow the whistle" on the drug operation run by George W. Bush. Riconosciuto told me that when the warning came to the unit in Nicosia that there might be a bombing of Pan Am #103, Robert Booth Nichols told Rinconosciuto that he would change the reservation for the McKee team to another flight, just as FBI agent Revell's son had done. The night of the Lockerbie crash, Bobbi Riconosciuto was watching the television with their children when she learned of the crash and heard that the McKee team went down with others on board. She woke Michael up and told him. Michael broke from Robert Booth Nichols from that point forward because he held Nichols responsible for betraying the McKee team. Robert Booth Nichols became the key source for Danny Casolaro who had contacted Lester K. Coleman seven days before his murder in Martinsburg, West Virginia. Nichols stated, in a lawsuit against the FBI and FBI agent Thomas Gates, that he has had no source of income for the past twenty-plus years and yet his concealed weapons permit shows that he maintains many residences around the world. Sam Giacana was Nichols' business partner and it is rumored that Nichols' mentor is the head of Yakuza in Hawaii. Nichols' lawsuit was sustained by a declaration submitted by the former head of the LA FBI, Ted Gunderson. Gunderson has stated to me and others that he owes his life to Nichols because he called off a mob hit on Gunderson. Gunderson also states that he is nothing but a private investigator, but documents out of his own files show his intelligence connections. 270 people were killed on Pan Am 103 and the United States government is continually silencing witnesses who could tell the truth about what happened. Lawyers who hold the Coleman documents out for ransom, judges who use the law to torture and imprison individuals who would expose the intelligence prostitutes who whore for drugs, arms, power and money, and an apathetic public are the ones who are responsible for the murder of those who died at Lockerbie. Let Lester K. Coleman testify. Let Michael Riconosciuto testify. MAKE Robert Booth and Ellen Hopko Nichols testify. FORCE Michael T. Hurley to testify. MAKE THEM TELL THE TRUTH!! If the families of the victims want to really know what happened they should demand the head of Danny Casolaro's Octopus. Virginia McCullough © 20001 JOHN H. CLARKE [Pro Hac Vice] 2 Telephone: (202) 332-3030 JOHN F. DUNNE, JR. [SBN 32854] 3 1601 Cloverfield Boulevard 4 Second Floor, South Tower Santa Monica, California 90404-4084 5 Telephone: (310) 393-9351 6 Facsimile: (310) 230-4066 7 Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 H. RAY LAHR, ) Case No. 03-08023 AHM (RZx) ) 13 Plaintiff, ) PLAINTIFF'S NOTICE OF 14 ) MOTION AND MOTION FOR v. ) LEAVE TO AMEND COMPLAINT 15 ) 16 NATIONAL TRANSPORTATION ) 17 SAFETY BOARD, et al. ) ) 18 Defendants. ) 19 ) 20 Date: February 6, 2006 21 Time: 10:00. a.m. 22 Place: Courtroom 14, 312 N. Spring Street, Los Angeles, CA 90012 23 Judge: Honorable A. Howard Matz 24 25 (1) PLAINTIFF'S NOTICE OF MOTION FOR LEAVE TO AMEND 26 COMPLAINT 27 (2) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION 28 (3) AFFIDAVIT OF H. RAY LAHR 1  1 NOTICE OF MOTION FOR LEAVE TO AMEND COMPLAINT 2 PLEASE TAKE NOTICE that, under Fed. R. Civ. P. 15(a), Amendments, 3 and Fed. R. Civ. P. 20(a), Permissive Joinder, plaintiff will seek leave to file a 4 second amended complaint (1) to add CIA-generated zoom-climb records 5 generated after the CIA's November 17, 1997 release of its zoom-climb conclusion, 6 and (2) to add the National Security Agency as a defendant; in the Courtroom of 7 the Honorable A. Howard Matz, on February 6, 2006, at 10:00 a.m., or as soon 8 thereafter as counsel may be heard. 9 The grounds for this motion, to include additional CIA records, are that 10 plaintiff was unaware of the existence of responsive records generated after the 11 CIA's November 1997 release of the zoom-climb conclusion; these post-decisional 12 records were not initially requested and so are not now under the Court's 13 jurisdiction. 14 The grounds for this motion to add the National Security Agency ("NSA") 15 as a defendant is the NSA's November 2005 letter announcing that it originated, 16 and withholds under FOIA exemptions, a flight-path simulation ­ apparently the 17 basis of the CIA's zoom-climb conclusion. 18 The grounds for this motion are more particularly set forth in the 19 accompanying memorandum, and upon such grounds as may be advanced to the 20 Court in the future. This Motion is made following conferences of counsel under 21 L.R. 7-3, which commenced on October 23, 2005 regarding the CIA, and on 22 November 17, 2005 regarding the NSA. 23 Date: January 5, 2006. 24 Respectfully submitted, 25 H. Ray Lahr 26 By Counsel 27 28 John H. Clarke 2  1 2 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT 3 4 A. FACTS 5 1. Central Intelligence Agency 6 The FOIA request now before the Court seeks disclosure of records upon 7 which the government's TWA Flight 800 flight path trajectory, or zoom-climb, 8 conclusions were based. The government first released the zoom-climb hypothesis 9 to the public via a widely broadcast narrated CIA video-animation, on November 10 17, 1997. The NTSB released its video-animation (report) the following month. 11 (In 2000, at the age of seventy-five, plaintiff had submitted a FOIA request 12 to the CIA for the same records at issue herein.1) 13 14 15 16 1 See Second Amended Complaint ¶ 9-10: 17 By November 10, 2000 FOIA request, plaintiff sought disclosure of 18 the CIA's zoom-climb records. The CIA's January 6, 2001, response 19 states in part: 20 This acknowledges receipt of your 10 November 2000 letter 21 requesting records under the provisions of the Freedom of 22 Information Act (FOIA). Specifically, your request is for records pertaining to the computer program and data used to 23 produce the computer simulation of TWA Flight 800, 17 24 July 1996, losing its nose section, then climbing about 3,000 feet. For identification purposes... We have researched this 25 matter, and have learned that the pertinent data, and resulting 26 conclusions were provided by the National Transportation 27 Safety Board (NTSB). CIA simply incorporated the NTSB conclusions into our videotape... Accordingly, you may want 28 to submit your request to the NTSB... (bolded in original) (Docket # 28 Opposition to NTSB summary judgment) 3  1 Attached to the CIA's August 16, 2005 Second Buroker Declaration are 2 zoom-climb records generated after November of 1997. Plaintiff was unaware of 3 these post-decisional records until the CIA produced them. 4 Although the CIA identified many of these records, this Court does not have 5 jurisdiction over them because they fall outside the scope of plaintiff's FOIA 6 request, seeking disclosure of pre-decisional records. 7 On September 13, 2005, plaintiff's made a FOIA Request to the CIA. A 8 copy is attached as Exhibit A. It states in part: 9 This FOIA request is for all records created as part of the analysis 10 that continued after the CIA video-animation concerning the 11 explosion of TWA Flight 800 was shown to the public. 12 The CIA has to date failed to respond to plaintiff's September 13, 2005, 13 FOIA request. An agency is required to make a "determination" on any FOIA 14 request within twenty working days of receipt. 5 U.S.C. § 552(a)(6)(A)(i). The 15 FOIA expressly provides that a requestor "shall be deemed to exhausted his 16 administrative remedied... if the agency fails to comply with the applicable time 17 limit provisions" for initial and appellate determinations, under 5 U.S.C. § 18 552(a)(6)(C). Thus, plaintiff has constructively exhausted his administrative 19 remedies, and plaintiff's amended complaint is ripe. 20 2. National Security Agency 21 Plaintiff received a November 7, 2005 letter from the National Security 22 Agency, a copy of which is Exhibit B. The NSA letter states that "Item 83 of 23 your index, requesting a copy of the computer simulation and animation program 24 used by the CIA and / or the National Transportation Safety Board (NTSB) was 25 referred to the National Security Agency / Central Security Service by CIA for our 26 review and direct response to you." 27 The letter denied the request in its entirety. 28 On November 16, 2005, plaintiff administratively appealed the NSA's November 7, 2005 denial. A copy of plaintiff's appeal letter is Exhibit C. 4  1 The NSA has not to date responded to plaintiff's November 16, FOIA 2 administrative appeal, and thus plaintiff has exhausted his administrative remedies 3 under 5 U.S.C. § 552(a)(6)(C). 4 B. ARGUMENT 5 Fed. R. Civ. P. 15(a), Amendments, directs the Court to grant leave to amend 6 "when justice so requires," and in practice the burden is usually on the party 7 opposing the amendment to demonstrate why the amendment should not be 8 permitted. See, e.g., Forman v. Davis, 371 US 178, 83 S.Ct. 227, 9 L.Ed.2d 9 (1962). The CIA cannot demonstrate why the amendment should not be 10 permitted. The CIA cannot fault plaintiff for being unaware of the fact that most 11 of the CIA's records were generated after November 17, 1997 ­ when the CIA 12 announced, by video-animation, broadcast to tens of millions of Americans, that 13 the eyewitnesses had seen Flight 800 zoom-climb, "not a missile." (emphasis in 14 video caption) 15 Regarding the joinder of the NSA as defendant, the disclosure of zoom- 16 climb records involve questions of law and fact that are common to all defendants, 17 the records were generated during the same transactions and occurrences, and so 18 Fed. R. Civ. P. 20(a), Permissive Joinder, is clearly applicable.2 See, e.g., Mosley 19 v. General Motors Corp., 497 F. 2d 1333 (8th Cir. 1974), "[A]ll reasonably related 20 claims for relief by or against different parties [should] be tried in single 21 proceeding." 22 Plaintiff has exhausted his administrative remedies. 23 24 2 Fed. R. Civ. P. 20(a), Permissive Joinder, in part: 25 All persons... may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right 26 to relief in respect of or arising out of the same transaction, 27 occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the 28 action. 5  1 Also, granting the relief sought would not would not broaden the issues 2 before the Court, as plaintiff still seeks the same zoom-climb records. 3 Conclusion 4 WHEREFORE, plaintiff H. Ray Lahr respectfully moves for leave to amend 5 his complaint to include post-November 17, 1997 CIA-records, and to add the 6 National Security Agency as a defendant. 7 Plaintiff's proposed Second Amended Complaint is filed herewith, as is his 8 proposed order. 9 Date: January 5, 2006. 10 Respectfully submitted, 11 H. Ray Lahr 12 By Counsel 13 14 John H. Clarke 15 16 PROOF OF SERVICE 17 DISTRICT OF COLUMBIA: I am a resident of the District of Columbia, over the age of 18 years. My business address is 1717 K Street, NW, Suite 600, 18 Washington, DC 20036. I am counsel for plaintiff. On January 5, 2006, I served 19 a true copy of (1) PLAINTIFF'S NOTICE OF MOTION FOR LEAVE TO AMEND COMPLAINT, (2) MEMORANDUM OF POINTS AND 20 AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION, (3) AFFIDAVIT OF 21 H. RAY LAHR on the interested parties in this action, by hand, to: 22 David M. Glass, Esquire 23 Assistant United States Attorney 24 20 Massachusetts Avenue, NW, Room 7140 Washington, DC 20530 25 26 I declare under penalty of perjury that the foregoing is correct and that this Proof of Service was executed on January 5, 2006. 27 28 John H. Clarke 6  1 AFFIDAVIT OF CAPTAIN H. RAY LAHR 2 1. My name is Ray Lahr. 3 2. Exhibit A is a true and correct copy of my September 13, 2005 letter 4 to the Central Intelligence Agency, which I signed before submitting. 5 3. Exhibit B is a true and correct copy of the National Security Agency's 6 November 7, 1995 letter to me. 7 4. Exhibit C is a true and correct copy of my November 16, 1995 8 administrative appeal letter to the National Security Agency, which I signed before 9 submitting. 10 I hereby certify under penalty of perjury that the foregoing is true and 11 correct. 12 13 Date: January 4, 2006. 14 15 16 Captain H. Ray Lahr (Ret.) 17 18 19 20 21 22 23 24 25 26 27 28      

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