Robert S. Mueller, III
Director
Federal Bureau of Investigation
The Iran spy sting story got out because of
State-sanctioned Paranoia
Electronic Engineering Times,
January 22, 1996, p. 84.
How the Iraq/Iran War Got Started viz
Somebody knew that Iran and Iraq were going to war.
Jim Rogers
February 12, 2008
First posted
Monday
December 11, 2006 10:36
Updated
Tuesday May 13, 2008 14:26
Julia Eichhorst Friday February 29, 2008 phone message.
The FBI got suckered, because of a lack of math skills [too many lawyers] by Sandia labs. Let's make this clear to Mueller in a revised letter. We had to switch strategy [our's is fluid] for the co-director appeal letter.
State-sanctioned Paranoia
Electronic Engineering Times,
January 22, 1996, p. 84.
Shall releasing
Michael
Riconoscuito from prison be part of settlement too?
|
Anita Langley viz.
from Vancouver. -----Original Message-----
-----Original Message----- IS PUPPET MASTER MICHAEL RICONOSCIUTO PULLING THE STRINGS IN THE BETTY CLOER MURDER TRIAL? |
We will not negotiate settlement through lawyers or in person. The government is worse than dealing with car salesmen when it comes no negotiation.
![]() ![]() ![]() Wednesday January 10, 2007 09:14 http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#mueller Email via julia.eichhorst@ic.fbi.gov and certified return receipt requested mail
Robert S Mueller III Reasons for this eletter/letter are to 1 bring to your personal attention that Sandia National Laboratories duped the FBI into believing that I had improper communications with a Japanese professor.In 1996 I submitted a Freedom of Information Act [FOIA] and Privacy Act [PA] request to both the FBI and National Security Agency [NSA]. I began the process of contacting the FBI to obtain unredacted copies of the documents after Kovakas informed me of their existence but this has led nowhere. Nancy Steward of the FBI, FOIAPA Public Liaison Office, who promises to return phone call made 10:35 Tuesday December 5, 2006. Continuation. FBI employee Goldsmith, who Steward recommends to call was called 10:00 Monday December 11, 2006. Goldsmith does not return call. Under the dictates of the PA I have a right to review documents referenced by Gilbert and request changes to those documents I find in error. I was first made aware that the FBI was in possession of the 60 pages of documents by DOJ lawyer Kovakas on November 30, 2005. Kovakas appears to think that the FBI refusal to send me the 60 pages of documents responsive to my 1996 FOIA/PA request was headed to court. Kovakas phone call 08:15 Tuesday December 5, 2006. Continued. But Hardy responded on December 8, 2006. Appeal to Hardy's denial was filed on December 20, 2006. As I see it Sandia National Laboratories, DOE, NSA, DOJ, and the FBI have copies have copies of the documents referenced in the recently declassified Gilbert letter. So at least one of these agencies should send the requested documents to me. So Mr Mueller, I ask that you see to it that those at the FBI involved in FOIA and PA processes send me the documents requested in 1996, identified by Kovakas in November 30, 2005 by email attachment by Friday January 19, 2007. If you feel that we have not exhausted all administrative remedies with the FBI, then we ask that you inform me of this by the above deadline. We have had uniformly bad experiences with members of your legal profession. For this reason we will not negotiate settlement though lawyers. We hope and pray that all of our legal and personal issues in this matter be addressed and resolved including restoration of all our rights as required by law. We suggest that settlement should be negotiated via phone and email. If necessary, we would also be willing to meet in person with the appropriate authorities to can settle these matters at a time and place agreed to by all at your expense. Sincerely William H Payne 13015 Calle De Sandias NE Albuquerque, NM 87111 bpayne37@comcast.net Distribution Ms Eichhorst, please forward by email Nancy Steward, FBI Viola Brown, FBI Robert S. Mueller, FBI Alberto Gonzales E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov and certified return receipt requested mail Alberto Gonzales U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Keith Alexander via Pamela N Phillips at foialo@nsa.gov, nsapao@nsa.gov and certified return receipt requested mail Keith Alexander DIRNSA National Security Agency 9800 Savage Road Fort Meade, MD 20755 Sandia National Laboratories President Thomas Hunter webmaster@sandia.gov and certified return receipt requested mail Thomas O Hunter Sandia National Laboratories New Mexico PO Box 5800 Albuquerque, NM 87185-0101 bill.leonard@nara.gov iscap@nara.gov william.bosanko@nara.gov jim.kovakas@usdoj.gov Jean.Kornblut@usdoj.gov the.secretary@hq.doe.gov and certified return receipt requested mail Samuel Bodman U.S. Department of Energy 1000 Independence Ave., SW Washington, DC 20585 thomas.depriest@hq.doe.gov george.breznay@hq.doe.gov foiofficer@doeal.gov tapodaca@doeal.gov cbecknell@doeal.gov Sensenbrenner@mail.house.gov arlen_specter@specter.senate.gov ![]() ![]() ![]() Keith Alexander via Pamela N Phillips at foialo@nsa.gov, nsapao@nsa.gov and certified return receipt requested mail Keith Alexander DIRNSA National Security Agency 9800 Savage Road Fort Meade, MD 20755 ![]() ![]() ![]() Sandia National Laboratories President Thomas Hunter webmaster@sandia.gov and certified return receipt requested mail Thomas O Hunter Sandia National Laboratories New Mexico PO Box 5800 Albuquerque, NM 87185-0101 ![]() ![]() bill.leonard@nara.gov iscap@nara.gov william.bosanko@nara.gov jim.kovakas@usdoj.gov Jean.Kornblut@usdoj.gov the.secretary@hq.doe.gov and certified return receipt requested mail Samuel Bodman U.S. Department of Energy 1000 Independence Ave., SW Washington, DC 20585 ![]() ![]() ![]() thomas.depriest@hq.doe.gov george.breznay@hq.doe.gov foiofficer@doeal.gov tapodaca@doeal.gov cbecknell@doeal.gov Sensenbrenner@mail.house.gov arlen_specter@specter.senate.gov ![]() |
| ----- Original Message ----- From: bill payne To: William Bosanko Cc: art morales ; iscap@nara.gov ; bill.leonard@nara.gov Sent: Friday, January 12, 2007 8:21 AM Subject: Mandatory declassification review of documents withheld under FOIA/PA request Jay Thanks for talking on the phone some months ago. It appears that FBI Intelligence Division director Wayne Gilbert's recently declassified letter reveals that there may be many documents I requested under the FOIA/PA, but not given me. These documents many have been withheld using classification as reason. I ask that all documents I requested under the FOIA/PA be subjected to mandatory declassification review. Thanks in advance Please send an ack if you get this. ----- Original Message ----- From: bill payne To: nsapao@nsa.gov ; foialo@nsa.gov Cc: art morales Sent: Friday, January 12, 2007 8:14 AM Subject: Please forward to DIRNSA Keith Alexander Please forward to DIRNSA. Thanks in advance. Please send an ack. ----- Original Message ----- From: bill payne To: the.secretary@hq.doe.gov Cc: art morales ; Breznay, George ; thomas.depriest@hq.doe.gov ; foiofficer@doeal.gov ; tapodaca@doeal.gov ; cbecknell@doeal.gov Sent: Friday, January 12, 2007 8:11 AM Subject: Classification abuse and settlement Sandia Labs, DOE, NSA and the FBI withheld documents requested under the FOIA/PA using classification abuse recently declassified letter by FBI intelligence director Wayne Gilbert reveals. We should get these matter settled before they become far worse. ----- Original Message ----- From: bill payne To: AskDOJ@usdoj.gov Cc: art morales ; Jean.Kornblut@usdoj.gov ; Jim.Kovakas@usdoj.gov Sent: Friday, January 12, 2007 8:04 AM Subject: Federal Bureau of Investigation, Sandia labs, NSA, and DOJ mistakes ----- Original Message ----- From: bill payne To: julia.eichhorst@ic.fbi.gov Sent: Friday, January 12, 2007 8:00 AM Subject: Please forward to Robert S Mueller Ms Eichhorst Please forward to 1 Mr Mueller 2 Mr Wayne Gilbert 3 Nancy Steward 4 Viola Brown. Thanks in advance. Please give me an ack. ----- Original Message ----- From: bill payne To: webmaster@sandia.gov Sent: Friday, January 12, 2007 7:55 AM Subject: Please forward to Thomas O Hunter Webmaster Please forward to Thomas O Hunter. Thanks in advance. Please give me an ack. ----- Original Message ----- From: ASKDOJ To: bill payne Sent: Friday, January 12, 2007 7:04 AM Subject: RE: Federal Bureau of Investigation, Sandia labs, NSA, and DOJ mistakes Thank you for contacting the Department of Justice. This is an automatic acknowledgement that your e-mail was received. It will be reviewed in the order it was received. ----- Original Message ----- From: postmaster@Hq.Doe.Gov To: bpayne37@comcast.net Sent: Friday, January 12, 2007 7:11 AM Subject: Delivery Status Notification (Failure) This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed. George.Breznay@hq.doe.gov thomas.depriest@hq.doe.gov |
Richard Bosson apparently is no longer chief judge. Albuquerque Journal Thursday January 11, 2007 ![]() Albuquerque Journal Tuesday January 2, 2007 ![]() King has work to do. ![]() That's judge Richard Bosson you see to the left of Richardson's wife and behind pony tail. |
Unsigned green card received Friday December 29, 2006.
![]() Wednesday December 20, 2006 13:21 http://www.prosefights.org/nmlegal/fbifoia/fbiletter3/letter.htm#codirector Email via julia.eichhorst@ic.fbi.gov and certified return receipt requested mail FOIA/PA APPEAL Co-Director Office of Information and Privacy United States Department of Justice 1425 New York Ave, N.W. Suite 11050 Washington, D.C., 20530-0001 Dear Co-Director: David M Hardy wrote on December 6, 2006
The original request for FOIA/PA documents was made in 1996.
The FBI decided not to comply with the rules of the FOIA/PA and give me
responsive documents. Hardy writes
Hardy attempts to create the appearance that documents referenced by Kovakas are those I already have and removed in my 1996 request. This may be either true or false. However, Hardy released a January 28, 1993 previously SECRET letter, declassified on December 6, 2006, authored by FBI Assistant Director in charge, Intelligence Division Wayne R Gilbert which points to other documents responsive to my 1996 FOIA/PA request to the FBI but not released. FOIA exemption (b)(7)( B ) states "would deprive a person of a right to a fair trial or an impartial adjudication" Withholding documents associated with Gilbert's letter deprives me both of an impartial adjudication and right to a fair trial. Hardy wrote This eletter/letter is the appeal. Since it appears from Gilbert's recently declassified that Sandia National Laboratories, the FBI, NSA and DOE deliberately withheld documents responsive to my FOIA/PA requests under the veil of classification. In addition I have been libeled from distributing the false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos. Sandia National Laboratories denied that the above documents on me given to Richard Gallegos existed. Charges made by the Disciplinary Review Committee are false. The Disciplinary Review Committee never contacted me to confront the charges which is required by law. Specifically, I did not send three documents to a Japanese professor. I sent only my unclassified data authenticator report with approval of Sandia National Laboratories classification officer Bruce Green and a draft of an algorithm for computing Euler's phi function without factoring which proved to computationally infeasible. I did not send the Japanese professor a copy of my public key tutorial as was discovered by lawyer Friedman during discovery. So I want an opportunity to see the documents passed between Sandia National Laboratories and the National Security Agency to request correction if I find factual errors. We feel that prompt corrective action must be taken to bring settlement, one way or the other, to this unfortunate fourteen and one half year matter. Here are the corrective actions 1 All classified documents possessed by Sandia labs, FBI, DOE, and NSA containing my name related to Wayne R Gilbert's January 28, 1993 letter are subjected to a mandatory declassification review. We have always sought settlement of these unfortunate matters. After this date we will take formal pro se legal action in the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA to obtain documents identified in items 1-9 above. Gilbert's letter creates the appearance that some people at Sandia National Laboratories, probably James Gosler and Harold Folley from documents sent to me by FOJ lawyer Kovakas from NSA, gave my tech report, the draft paper, and public key tutorial to the supervisory special agent [see red dot in Gilbert letter]. The FBI supervisory special agent was told that these contained "sensitive information." The supervisory special agent then forwarded the documents to Gilbert. Gilbert then sent the documents to NSA for evaluation. Presumably NSA returned its assessment to the FBI. Nothing was ever said or done to me. Conclusion is that Gosler and Folley gave false information to the supervisory special agent. All three documents contained unclassified and were subsequently posted on Internet at http://cryptome.org/. We continue to believe that prompt settlement of these unfortunate matters should be promptly settled before they get far worse. Sincerely William H Payne 13015 Calle De Sandias NE Albuquerque, NM 87111 Distribution Ms Eichhorst, please forward by email Nancy Steward, FBI Viola Brown, FBI Robert S. Mueller, FBI Alberto Gonzales E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov Keith Alexander via Pamela N Phillips at foialo@nsa.gov bill.leonard@nara.gov iscap@nara.gov william.bosanko@nara.gov jim.kovakas@usdoj.gov Jean.Kornblut@usdoj.gov thomas.depriest@hq.doe.gov george.breznay@hq.doe.gov foiofficer@doeal.gov webmaster@sandia.gov Sensenbrenner@mail.house.gov arlen_specter@specter.senate.gov |
There is only one thing worse than growing older. Not growing older. Take the case of Saddam.
Payne and wife Patty ventured to Zurich in April 1997. So Payne needed a passport.

Payne talked to Hans Buehler on the phone ... among other conversations while in Zurich.
Note that government made another misteak by spelling
Harris [after maternal grandfather Israel H Harris, Oy veh!], Hallis.
Government corrected this on passport renewal.
Payne made extra effort to look REALLY PISSED for renewal photo. Like he didn't shave for several days before photo taken.
Here's Patty at the Hauptbahnhof in Zurich for day trip to Lugano.

Settle, for we think that matter can get a whole lot worse very soon. Like after January 19, 2007?

We're helping to spread the word. While trying to settle, of course.
ups replaced. But we have to charge for 8 hours before using.
We're updating using wireless.
How Secure is America's Nuclear Arsenal?
Payne got a automble keyless entry transmitter in the mail Monday January 22, 2007. Porgramming instructions includedSome automobiles program their own keyless entry transmitters!
I wonder if the feds have considered a nuclear weapon which programs itself?
When Payne was into the crypto unit business, we got a specification documented from the National Security Agency. Then we implemented the unit under NSA guidlines.
One colleague stated, "This is REALLY STUPID, but we'll do it anyway."
Even more visibility: Nelson DeMille; Wild Fire and Night Fall.
More visibility. What Do Bush and Gonzales Take Us For, Idiots? Read comments.
Our visibility increases. FISA judge Dee Vance Benson
One task is to petition to void judgments of FISA court judge Dee Vance Benson.
Benson ruled on New Mexico 12 person jury trial lawsuit when he didn't have jurisdiction.
TWICE! Benson has established pattern and practice [pattern of conduct] of judicial misconduct. As well of pattern and practice of incompetence and low intelligence.
Remainder of government appears to be frozen.
----- Original Message -----
From: "William Bosanko"
To: "bill payne"
Sent: Wednesday, January 24, 2007 9:32 AM
Subject: Re: Not going away
Mr. Payne,
I hope that all is well on your end. No need to "go away" - we are
hear to support individuals such as yourself. I apologize if responses
to any contacts you might have made with either ISOO or the ISCAP have
been delayed recently. However, nearly all of our efforts for the last
few moths were focused on the onset of the automatic declassification
provisions back on 12/31/2006. Unfortunately, we are still digging out
from all of that as well, but things are beginning to return to normal.
I need to review the pertinent correspondence you have provided to date
and otherwise boil it down to whatever issues are within the
jurisdiction of ISOO and/or ISCAP.
If I recall correctly, we had previously discussed your options with
respect to the mandatory declassification review provisions. Such
requests are separate and distinct from requests made under the FOIA or
the Privacy Act. However, based on a quick review of the links you
included in your e-mail, it appears that most of your requests to date
are tied to FOIA and/or Privacy Act requests, which are outside of the
jurisdiction of ISCAP. That said, I will be going back and looking at
everything we have from you to see if anything is within the
jurisdiction of the ISCAP.
Regardless, based on my memory of our past exchanges and my quick
review of what you provided, I believe that we can work this issue as a
complaint to ISOO under the Order.
Thanks,
Jay
"bill payne" 1/24/2007 1:13 PM
Jay
what do we need to do to get the documents referenced by fbi agent
gilbert declassified?
http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#mueller
and what do we need to do to get this unfortunate matters settled after
15 calendar years?
regards
http://www.prosefights.org/reigps/reigps.htmUnquestionably without this techology our legal project would have failed.
Friday February 2, 2007 08:24
US DOE/ALOO FOIA OFFICE
Freedom of Information Act Request
http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknell
Ms. Terry L. Martin Apodaca
Privacy Act Officer
Ms. Carolyn A. Becknell
Freedom of Information Officer
NNSA Service Center
08Office of Public Affairs
P. O. Box 5400 Albuquerque,
NM 87185
foiofficer@doeal.gov
Dear Ms Apodoca and Becknell:Declassification of FBI Assistant Director in Charge, Intelligence Division, Wayne R Gilbert's January 28, 1993 letter to National Security Agency General Council Steward R Baker reveals that Sandia National Laboratories did not comply by release to release of documents sought under the FOIA/PA.
Sandia National Laboratories and the National Security Agency appear to have withheld the documents using classification protection but this now appears to be classification abuse.
Therefore, I have requested mandatory declassification review by the National Records and Archives Administration of all documents alluded to in the Gilbert letter and seen at docket entry # 3 at CIV-92-1452-JC.
I ask that your office sees that Sandia National Laboratories and Department of Energy complies with my original FOIA/PA request and send me documents alluded to in the Gilbert letter and document referenced at docket entry #3 by February 9, 2007.
No valid reason exists for reissuing my original FOIA/PA request.I believe that Sandia National Laboratories/Department of Energy is in violation of 5 U.S.C. § 552
(6)(A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall--and is also in violation of 28 U.S.C. § 552a(i) determine within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and
(ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection.
(d) Access to Records. Each agency that maintains a system of records shall (1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence; (2) permit the individual to request amendment of a record pertaining to him and
(A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and (B) promptly, either
(i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or
(ii) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official;
I ask that you send me a copy of
((9) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance;procedures 9 and 10 for Sandia National Laboratories and the Department of Energy.10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained;
We continue to believe that settlement of these unfortunate matters is best but we will be forced to file Rule 22 writ to void judgments for lack of jurisdiction with judge Clarence Thomas if matters are not settled shortly.Sincerely
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037Distribution
julia.eichhorst@ic.fbi.gov
Ms Eichhorst, please forward by email
Nancy Steward, FBI
Viola Brown, FBI
Wayne Gilbert
Robert S. Mueller, FBI
Alberto Gonzales
AskDOJ@usdoj.govbill.leonard@nara.gov
iscap@nara.gov
william.bosanko@nara.gov
jim.kovakas@usdoj.gov
Jean.Kornblut@usdoj.gov
the.secretary@hq.doe.gov
thomas.depriest@hq.doe.gov
george.breznay@hq.doe.gov
cbecknell@doeal.gov
tapodaca@doeal.gov
Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov
From: bill payne
To: tapodaca@doeal.gov ; cbecknell@doeal.gov
Cc: art morales ; foiofficer@doeal.gov
Sent: Friday, February 09, 2007 3:47 PM
Subject: What's happening?
http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknellBecknell and Apodoca have sealed Nino [thinks with other head] Scalia's fate.
Sent 06:42Wednesday February 21, 2007
Wednesday February 21, 2007 06:37
Ms Apodoca:
As you requested on the phone on Tuesday February 21, 2007, I am sending my Friday February 2, 2007 08:24 email request again.
Ms Becknell in a phone conversation appeared to convey a message that my request was going to be ignored. But this is Becknell's job
I wrote in my February 2, 2007 email, which both you and Ms Becknell received,
I ask that your office sees that Sandia National Laboratories and Department of Energy complies with my original FOIA/PA request and send me documents alluded to in the Gilbert letter and document referenced at docket entry #3 by February 9, 2007.
I received no response from you or Ms Becknell by February 9, 2007.
Because of the large amount of money owed to me and Mr Morales, we intend to pursue matters to the end, whatever that may be.
Therefore we are taking the next steps with judges Thomas and Scalia.
I ask that you give me an email progress report on your efforts to obtain the documents by Tuesday February 27, 2007.
Regards
----- Original Message -----
From: "The Secretary" The.Secretary@hq.doe.gov
To: "bill payne" bpayne37@comcast.net
Sent: Thursday, March 01, 2007 4:50 AM
Subject: Read: Response to your February 21, 2007 - information requested
Your message
To: Becknell, Carolyn (ALB)
Cc: art morales; arlen_specter@specter.senate.gov; Sensenbrenner;
Apodaca, Terry (ALB); foiofficer@doeal.gov; Breznay, George;
thomas.depriest@hq.doe.gov; The Secretary; Jean.Kornblut@usdoj.gov;
Jim.Kovakas@usdoj.gov; William Bosanko; iscap@nara.gov;
bill.leonard@nara.gov; AskDOJ@usdoj.gov; julia.eichhorst@ic.fbi.gov
Subject: Response to your February 21, 2007 - information requested
Sent: Wed, 28 Feb 2007 13:53:36 -0500
was read on Thu, 1 Mar 2007 07:50:28 -0500
----- Original Message -----
From: ASKDOJ
To: bill payne
Sent: Wednesday, February 28, 2007 9:53 AM
Subject: RE: Response to your February 21, 2007 - information requested
Thank you for contacting the Department of Justice. This is an automatic acknowledgement that your e-mail was received. It will be reviewed in the order it was received.
----- Original Message -----
From: bill payne
To: cbecknell@doeal.gov
Cc: art morales ; arlen_specter@specter.senate.gov ; Sensenbrenner ; tapodaca@doeal.gov ; foiofficer@doeal.gov ; Breznay, George ; thomas.depriest@hq.doe.gov ; the.secretary@hq.doe.gov ; Jean.Kornblut@usdoj.gov ; Jim.Kovakas@usdoj.gov ; William Bosanko ; iscap@nara.gov ; bill.leonard@nara.gov ; AskDOJ@usdoj.gov ; julia.eichhorst@ic.fbi.gov
Sent: Wednesday, February 28, 2007 10:53 AM Subject:
Response to your February 21, 2007 - information requested Wednesday February 28, 2007 10:43
Wednesday February 28, 2007 10:43
US DOE/ALOO FOIA OFFICE
http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknell1
Ms. Carolyn A. Becknell
Freedom of Information Officer
NNSA Service Center
Office of Public Affairs
P. O. Box 5400 Albuquerque,
NM 87185
cbecknell@doeal.gov
Dear Ms Becknell:
Purpose of this email is to ask that you immediately send your and Ms Apodoca's supervisor's name, phone number, and email address by email.
Reason for this request is to inform your supervisor that you are not doing your job according to the rules of the Freedom of Information Act or the DOE CFR regulations.
Evidence of your either deliberate failure to follow or ignorance of 10 CFR 1004.1-12 FREEDOM OF INFORMATION regulations as contained in your February 21, 2007 letter.You wrote
The "February 1, 2007" request your reference is the February 2, 2007 FOIA/PA request seen here?This letter is in reference to your February 1, 2007 Freedom of Information Act (FOIA) request and your email dated February 21, 2007.
My February 21, 2007 email was addressed to Ms Apodoca who requested that email.You wrote
I reviewed your request and your email. I am unable to identify what specific records you are requesting from the information that you have supplied.
Your statement is transparently unintelligent and in violation of the FOIA rules for the reason that Mr Gilbert of the FBI recently declassified letter has identified the documents sent to the FBI by Sandia National laboratories and Mr Gosler's AFFIDAVIT.
The documents have been clearly identified.And since you are denying release of these documents you are required by 10 CFR Sec. 1004.7 to furnish
1) Reason for denial. A statement of the reason for denial, containing a reference to the specific exemption under the Freedom of Information Act authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld, and a statement of why a discretionary release is not appropriate.
You did not inform me of my right to appeal as required the FOIA/PA rules.
I ask that you look at DOJ FOIA/PA lawyer James Kovakas' November 30, 2006 appeal notification as an example of what you should have included in your denial letter.You wrote
As to your request for a copy of the procedures relating to what you have referenced as "(9) and (10)", Department of Energy regulations, 10 Code of Federal Regulations, Part 1004 (Freedom of Information Act) and 1008 (Privacy Act), provide the rules and procedures that are followed in responding to FOIA and Privacy Act requests.If Department of Energy rules are not in compliance with 5 U.S.C. § 552 and 28 U.S.C. § 552a, then I believe that DOE should bring its rules in to compliance.
Therefore I ask that you or your supervisor send me documents I requested.
You wrote
Please review these rules and procedures prior to any further requests for records pursuant to those Acts.I believe that I did read the appropriate rules in 5 U.S.C. § 552 and 28 U.S.C. § 552a.
Further written evidence attests to the fact that you are not following rules and are deliberately and unintelligent withholding the documents I requested and have been identified by the FBI and New Mexico federal court to exist.
You wrote
I also reviewed our open requests and we do not have any open requests for you. At this time, my office is taking no further action.Ms Becknell, first DOJ lawyer Mr Kovakas, after ten years, decided to finger the FBI as having documents not responsive, but not released, my 1996 FOIA request.
Ms Kornblut, Mr Kovakas' associate, incorrectly identified the FBI as getting me fired from Sandia labs.
The FBI, as possible retaliation for Sandia's getting it involved is classification abuse, fingered Sandia labs as responsible for creating this 15 year legal mess.
We continue to advise and encourage settlement.But we will take all steps required to obtain and correct requested documents.
I ask that you IMMEDIATELY send me the name, phone number, and email address of your supervisor
Sincerely
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037Distribution
julia.eichhorst@ic.fbi.gov
Ms Eichhorst, please forward by email
Nancy Steward, FBI
Viola Brown, FBI
Wayne Gilbert
Robert S. Mueller, FBI
Alberto Gonzales
AskDOJ@usdoj.govbill.leonard@nara.gov
iscap@nara.gov
william.bosanko@nara.gov
jim.kovakas@usdoj.gov
Jean.Kornblut@usdoj.gov
the.secretary@hq.doe.gov
thomas.depriest@hq.doe.gov
george.breznay@hq.doe.gov
foiofficer@doeal.gov
tapodaca@doeal.gov
Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov
Thursday March 22, 2006 12:05
Freedom of Information Appeal
http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknellappeal.
Certified return receipt requested and email
Director
Office of Hearings and Appeals
Department of Energy
1000 Independence Avenue SW.
Washington, DC 20585
Dear Director:
Purpose of this letter is to appeal DENIAL by Carolyn Becknell in her FEB 21, 2007 letter mailed February 23, 2007 seen at http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknellletter.
10 CFR 1004.1-12 FREEDOM OF INFORMATION Sec. 1004.8 Appeal of initial denials, regulations states
(a) Appeal to Office of Hearings and Appeals. When the Authorizing Official has denied a request for records in whole or in part or has responded that there are no documents responsive to the request consistent with Sec. 1004.4(d), or when the Freedom of Information Officer has denied a request for waiver of fees consistent with Sec. 1004.9, the requester may, within 30 calendar days of its receipt, appeal the determination to the Office of Hearings and Appeals.
Documents sought are clearly identified in Mr Gilbert of the FBI recently declassified letter has identified the documents sent to the FBI by Sandia National laboratories and Mr Gosler's AFFIDAVIT.
I explained this in my Wednesday February 28, 2007 10:43 email to Becknell seen at http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknell1.
I ask that you respond to this appeal within 20 working days a directed in Sec. 1004.8 section d.Sincerely
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037Distribution
julia.eichhorst@ic.fbi.gov
Ms Eichhorst, please forward by email
Nancy Steward, FBI
Viola Brown, FBI
Wayne Gilbert
Robert S. Mueller, FBI
Alberto Gonzales
AskDOJ@usdoj.govbill.leonard@nara.gov
iscap@nara.gov
william.bosanko@nara.gov
jim.kovakas@usdoj.gov
Jean.Kornblut@usdoj.gov
the.secretary@hq.doe.gov
thomas.depriest@hq.doe.gov
george.breznay@hq.doe.gov
foiofficer@doeal.gov
tapodaca@doeal.gov
Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov
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DOJ Kovakas phoned Monday March 26, 2007. The conversation was so long that it ran out the tape by about 11:05.
Kovakas pointed out that his office appropriately handled my 1996 request properly and that it was some other office that didn't respond for nine years.
Kovakas acknowledged that DOJ civil division probably does have one or more copies of the documents sent to the FBI.
Whoops!
Kovakas got caught lying in writing, of course. December 30, 1993?
Kovakas surely HAD and still has copies of the documents identified in Mr Gilbert of the FBI recently declassified letter has identified the documents sent to the FBI by Sandia National laboratories and Mr Gosler's AFFIDAVIT.
This document was sent to Payne by Kovakas on November 30, 2005!
Payne and Morales speculate that it was paralegal Kornblut who did the document collection.
Kovakas then put together his cover letter without looking at the documents which were being sent.
Readers are probably thinking, "They can't be that supid?" Wrong. As Kovakas reveals.There is a reason why Morales and Payne were smiling while holding Kovakas' envelope.
Payne is maneuvering the mouse pointer for the Intel Webcam snapshot Save using his 1.5x Walgreen's Ben Franklin reading glasses.
That's why he is not looking at the camera.Think settlement before matters get FAR WORSE.
Kovakas said to pressure the FBI for the documents.
Kovakas said that Kornblut is a paralegal. Kovakas is super-sensitive about
Department of Justice employee Jean Kornblut.Kovakas was full of legal advice, as usual. Bad legal advice, of course.
![]() ![]() ![]() ![]() ![]() ![]() APR 19 2007 CERTIFIED MAIL Mr. William H. Payne Re: Case No. TFA-0198 Dear Mr. Payne: The Department of Energy (DOE) has considered the Freedom of Information Appeal you filed on March 26, 2007. As the enclosed Decision and Order indicates, the DOE has determined that the Appeal be granted in part. If you have any questions regarding this Decision and Order, please contact the Office of Hearings and Appeals, Department of Energy, 1000 Independence Avenue, S.W., Washington, DC, 20585, telephone number (202) 287-1449. Sincerely, Enclosure Department of Energy Washington, DC 20585 APR 192007 DECISION AND ORDER Appeal Name of Petitioner: William H. Payne Date of Filing: March 23, 2007 Case Number: TFA-0198 On March 23, 2007, William H. Payne (Appellant) filed an Appeal from a determination issued by the Department of Energy's (DOE) National Nuclear Security Administration Service Center (NNSASC) in Albuquerque, New Mexico. The determination responded to a request for information filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (DOE) in 10 C.F.R. Part 1004. If granted, NNSASC would be required to respond to the Appellant's request.*/ I. Background In an electronic mail message sent February 2,2007, the Appellant sent a letter to NNSA which stated:
_____________________________
*/All OHA decisions may be accessed at http://www.oha.doe.gov/foial.asp. NOTE THAT LINK DOESN'T WORK.-2- (10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; Request dated February 2, 2007. On February 21, 2007, NNSASC sent a letter to the Appellant. Letter dated February 21, 2007, from Carolyn Becknell, FOLA Officer, NNSASC, to William H. Payne (February 21, 2007 Letter). NNSASC first stated that it was
February 21,2007 Letter at 1. NNSASC then informed the Appellant that it had reviewed its records and found no pending request that he had filed. Id. It continued that it would take no further action at this time. Id. On March 23,2007, the Appellant appealed NNSASC's February 21,2007 letter, contending that the documents he is seeking are clearly identified in "Mr. Gilbert of the FBI recently declassified letter [that] has identified the documents sent to the FBI by Sandia National [L]aboratories and Mr. Goslar's AFFIDAVIT." March 23, 2007 Appeal Letter. The Appellant continued that he explained "this in my Wednesday February 28, 2007 10:43 email to Bucknell." Id. II. Analysis A. Adequacy of the Appellant's Description of Documents Requested The Appellant asks that NNSASC comply with his original FOJA/PA request and send documents alluded to in another letter, which was not included with his February 2,2007 request. Secondly, he asks that NNSA send him a copy of procedures (9) and (10), and appears to quote them, but he does not give a citation for them or indicate what they refer to. -3- We understand the position NNSASC expressed in its February 21,2007 response to be that it was unable to identify what specific records the Appellant is requesting from the information that he supplied. For example, NNSASC had no idea what the Appellant meant by" original FOLA! PA request." The Appellant has made numerous FOJA requests to NNSASC over many years. None of them is currently pending, so the Appellant could have been referring to any of his earlier requests, or none of them. In addition, it is not clear what the Appellant is requesting by asking for a copy of "(9) and (10)." Even a request for a broad scope of documents must be clear enough for the agency to determine what documents are being requested. Yeager v. DEA, 678 F.2d 315,322,326 (D.C. Cir. 1982) (holding valid request encompassing over 1,000,000 computerized records: "The linchpin inquiry is whether the agency is able to determine 'precisely what records [arel being requested."' (quoting S. Rep. No. 854, 93d Cong., 2d Sess. 12 (1974)). Nevertheless, DOE regulations require that the
10 C.F.R. § 1004.4(b). As it is currently stated, the Appellant's request does not reasonably describe the records he is requesting. He did not provide specific information regarding dates, titles, and other information so that NNSASC might identify the information he was requesting. He provided nothing but the statement that he was requesting what was in his original request or "copies of (9) and (10)." NNSASC cannot be expected to know what the Appellant wanted or to search through past requests to try to determine which, if any, he intended by referring to his "original request." Further, it should not be required to do the research necessary to determine the identify of the document named at "docket entry #3 at CIV-92-1452-JC." The Appellant must also clearly identify "(9) and (10)."
DOE Regulations require an office assist a requester in restating a request that it does not understand.
-4-
10 C.F.R. §1004.4(c)(2). NNSASC did not contact the Appellant to have him explain his request. Thus, on remand, NNSASC should offer the Appellant the opportunity to clarify what documents he is requesting. We have reached this conclusion previously in a similar situation. Barbara Schwarz, 27 DOE 80,245 (December 2, 1999) (Case No. VFA-0536) (http: / /www.oha.doe. gov / cases /foia/ vfa0536.htm). III. Conclusion For the reasons explained above, we will remand this matter to NNSASC to contact the Appellant for a further explanation of what he is requesting. Therefore, we will grant the Appellant's Appeal in part. It Is Therefore Ordered That: (1) The Appeal filed by William H. Payne, Case No. TFA-0198, is granted as set forth in paragraph (2) below, and is in all other respects denied. (2) This matter is hereby remanded to the National Nuclear Security Administration Service Center for further proceedings in accordance with the instructions set forth in this Decision and Order. (3) This is a final order of the Department of Energy from which any aggrieved party may seek judicial review. Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia. William M. Schwartz |
| ----- Original Message ----- From: bill payne To: cbecknell@doeal.gov ; tapodaca@doeal.gov ; foiofficer@doeal.gov Cc: art morales ; Jean.Kornblut@usdoj.gov ; Jim.Kovakas@usdoj.gov ; the.secretary@hq.doe.gov ; julia.eichhorst@ic.fbi.gov ; iscap@nara.gov ; bill.leonard@nara.gov ; AskDOJ@usdoj.gov ; Schwartz, William Sent: Friday, April 27, 2007 12:31 PM Subject: DOE granting part of appeal of Becknell decision Friday April 27, 2007 12:25 http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#grapehead US DOE/ALOO FOIA OFFICE Freedom of Information Officer NNSA Service Center Office of Public Affairs P. O. Box 5400 Albuquerque, NM 87185 Ms Becknell and Ms Apodoca cbecknell@doeal.gov; tapodaca@doeal.gov ; foiofficer@doeal.gov I link to a copy of William Schwartz's letter granting part of my appeal. Mr Schwartz wrote
and For the reasons explained above, we will remand this matter to NNSASC to contact the Appellant for a further explanation of what he is requesting You have not yet contacted me. Identification of the documents, along with their location at the FBI and New Mexico federal court, is REAL SIMPLE. You merely contact Mr Gilbert of the FBI and ask what documents James Gosler/Sandia sent to the FBI. You can do this through Nancy L. Steward (540) 868-4516, FBI Then you contact judge John Conway of New Mexico federal court to identify the affidavit Gosler sent Conway. If either the FBI or judge Conway claims that the documents are classified, then I ask you to instruct either or both the FBI or Conway to forward the documents to NARA for mandatory declassification review. Mr Schwartz wrote in the last paragraph of his April 17, 2007 DECISION AND ORDER OF THE DEPARTMENT OF ENERGY (3) This is a final order of the Department of Energy from which any aggrieved party may seek judicial review. Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia. If you are unsuccessful at getting the documents from former FISA judge John Conway and the FBI, then I will be forced to sue judge Conway and FBI director Mueller pro se in the District of Columbia with a 12 person jury DEMAND to get the documents. Unauthorized distribution of the false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos is a criminal violation of the FOIA/PA. Apparently I have been falsely charged at the FBI with national security crime. We all need to see the remainder of these documents. We, of course, continue to counsel settlement of these unfortunate matters before they get far worse. I ask that you see the requested documents are subject to mandatory declassification review by NARA and delivered to me within 20 working days. William Payne distribution |
Morales and Payne opened Monday April 30, 2007 at McDonald's on Lomas and San Pedro in Albuquerque. ![]() Department of Energy National Nuclear Security Administratlon Service Center P. 0. Box 5400 Albuquerque, NM 87185 APR 2 4 2007 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. William H. Payne Dear Mr. Payne: This letter is in reference to the Decision and Order of the Department of Energy, Case Number TFA-O 198, issued on April 19, 2007 by Mr. William M. Schwartz. A copy is enclosed. The Decision and Order asked that I contact you for further explanation of your request. Please consider this letter the request for further explanation of your request as remanded in the Decision and Order. Provide your information to me in writing. Your attention to this matter is greatly appreciated. My email address is cbecknell@doeal.gov. Sincerely, Freedom of Information Act Officer |
| Monday April 30, 2007 13:17 http://www.prosefights.org/nmlegal/fbifoia/mueller/mueller.htm#becknellrequest US DOE/ALOO FOIA OFFICE Ms Becknell Freedom of Information Officer NNSA Service Center Office of Public Affairs P. O. Box 5400 Albuquerque, NM 87185 cbecknell@doeal.gov Dear Ms Becknell: My email to you dated Friday April 27, 2007 12:25 and was sent Friday, April 27, 2007 12:31 PM. I did not pick up your envelope until Saturday April 28, 2007. Mr Morales and I opened your envelope on Monday April 30, 2007. You wrote in your letter dated April 24, 2007
I believe I gave you specific description of the documents I requested, but were not given to me or even identified as long ago as 1993, in my Friday April 27, 2007 12:25 email. Perhaps the ps in the email I sent to Jay Bosanko at NARA on Wednesday, April 25, 2007 9:31 AM will clarify the importance to inspect the charge documents. Apparently the national security violation charges made against me to judge John Conway and the FBI are classified. Perhaps improperly classified. Therefore, we enlist the help of William J. Bosanko Associate Director, Classification Management Directorate to subject the documents certainly possessed by Sandia National Laboratories, the FBI and NSA to Mandatory Declassification Review. Your help in obtaining these well-identified documents
authored by Gosler/Sandia and assisting to see that they are subjected
to Mandatory Declassification Review would be appreciated. We are now in the process of voiding judgements, which
recently includes our
original NSA FOIA
lawsuit, for lack of jurisdiction. William Payne distribution |
Payne worked with the spooks. But was not into their culture.
Key requirement for spook work is to be
psychotic.
| Gosler writes
"I'm really exhilarated and honored to have this opportunity; I had an opportunity to work with Gus Simmons [a retired Sandia Fellow] in my early years. He had a significant impact on me at the Lab. He took the time to provide input and guidance. He helped me along the way. So it's particularly delightful for me to now hold the same position." This requires elaboration. Gus Simmons was trying to get NSA to switch from the NSA Benincasa shift register sequence authentication algorithm to public key. Simmons gave a talk to some Sandians and NSA employees.
Simmons plastered the blackboard with symbols. Michael J. Norris received his Ph.D. from Harvard in 1944 under Saunders MacLane ... He has been with Sandia Laboratories since then except for a temporary ... and Gus Simmons got together to invent an algorithm for evaluating the reciprocal to eliminate the division required for public key evaluation. Then they put their algorithm in silicon. And into some weapons system. The algorithm apparently worked most of the time, reported numerical analyst Dr Richard Hanson. Norris and Simmons apparently didn't run simulations to test the algorithm before commiting it to silicon. Big bucks to fix the Norris-Simmons screw-up. Let's settle before matters get FAR FAR worse. |
What did psychotic Gosler write? We need to find out and post.
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Jim is a widely recognized expert in areas of information security that are generally classified as "dark" areas. Says Jim, "One of the loves of my life is what has historically been known as blackhatting. In the past, I've pulled together a collection of diverse technical people looking for vulnerabilities in weapons components that bad guys might attempt to exploit, with the idea of getting there before they do. Over the last 15 years, I've been deeply involved with the operational world and finding novel applications of technology to support that world. I suppose that broadens the definition of Sandia Fellow in the Labs; I don't fit the Brinker-Osbourn scientist mold. [Google: Brinker-Osbourn Did you mean: Brinker-Osbourne] Google results So we agreed that the three of us get together on problems of national interest where the blend of our expertise could be useful in finding solutions to these problems and perhaps provide seed material for others within the lab." Says Jim, "One thing I want to do with the remaining parts of my career is to take all that I have learned technically, programmatically, and operationally and apply that as best I can helping the people back East solve problems relating to the war on terrorism, and help Sandians apply their wonderful technical capabilities in supporting those efforts. The three of us are pretty different in our background, so we may get a lot done. "I'm really exhilarated and honored to have this opportunity; I had an opportunity to work with Gus Simmons [a retired Sandia Fellow] in my early years. He had a significant impact on me at the Lab. He took the time to provide input and guidance. He helped me along the way. So it's particularly delightful for me to now hold the same position." Clandestine information technology |