Heather Wilson: New Mexico republican congressional candidate, 2006

First posted
Thursday October 19, 2006 07:55
Updated
Friday November 3, 2006 08:19

Nonresponse from FBI FOIA person Hardy requires action.

Note pro se fights readers that Heather Wilson was contacted in 2000 about FIOA [wilson1 and wilson 2] problems and chose not to respond then.

Any reader believe that matters are not going to get worse if we don't settle quick?

(d) Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with the personal participation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order.

Sec. 1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the information in accordance with agency procedures established under paragraph (b) of this section.

b) In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified. These procedures shall ensure that:

(1) individuals are not subject to retribution for bringing such actions;

(2) an opportunity is provided for review by an impartial official or panel; and

(3) individuals are advised of their right to appeal agency decisions to the Interagency Security Classification Appeals Panel (Panel) established by section 5.3 of this order.


----- Original Message -----
From: Anita Langley
To: bill payne
Sent: Saturday, September 30, 2006 9:19 PM
Subject: Re: fumble, bumble and inept

Hardy is a familiar name around here, his name is signed onto a few FOIA related cover letters.

Agent's name's are routinely redacted and are covered under FOIA regulations, that's why he's brushing you off. Depending upon the situation in which the agent's name is hidden (ie, if it is on a previously released foia document), it may be possible to appeal due to special circumstances or relevance to your case. When you request a foia release, you cannot request information on a person unless you have written permission from that person or if the person is dead, and that along with the routine redactions for agents makes it very difficult to pin point federal agents.

If the document in question is a previously released foia document, consider filing an appeal on the redaction, at which point you should give your reasons. -

Anita


----- Original Message -----
From: "Fred Fair"
To: "payne payne"
Sent: Sunday, September 24, 2006 11:50 AM
Subject: visit

Bill: be leaving for Denver early tomorrow and back by 4pm so any time after that. My place: go about three miles north of plaza and look for Atilano Rd on left(just past a mail box cluster) - if you pass the El Prado post office you went too far. Go down Atilano jog slightly right on Atilano Ln (sign on Rumsfeld fence) - that's my drive way - cross 4 cattle guards and a couple 90 degree turns - it's a two story territorial with a red tin roof in a pasture all by itself - a smaller one story guest house will be at the opposite end of the pasture. My phone, when you get lost, is 758 9331 or cell which I never answer is 613 0653. See you tomorrow. Regards,

Photo of Rumsfeld's Taos fence taken Tuesday September 28, 2006

Wilson, Madrid wage political war

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FREE newmexican.com new comments page.

Crude comments clog our online forums

Comment posted Tuesday October 24, 2006



Time for shaping-up the legal system. Thanks to Internet! And the editors of FREE newmexican.com!

Albuquerque Journal Tuesday October 24, 2006 carries article titled Survey gives Wilson edge on honesty.

Evidence in court receipts for $644 for two paid for 12 person jury trial lawsuits guaranteed inviolate by New Mexico and federal constitutions against former second judicial district judge W John Brennan et al for Breech of Contact shows that Patricia Madrid failed to uphold her Oath of Office and was involved in cover-up of fraud seen in documents referenced in an appeal letter to Congresswoman Wilson: http://www.prosefights.org/nmlegal/wilson/wilson.htm#wilson

 

from PAGE Al

Wilson's Honesty Figures Top Approval Rating

pollster Brian Sanderoff. "It's another thing to call them dishonest."

He believes the less-than-stellar honesty numbers for both candidates are mostly the result of months of fierce, negative campaigning from both sides.

The TV ad salvos began this summer and have only intensified since, leaving many voters wondering: Is there any way to make Nov. 7 come any sooner?

"Both the thrower and recipient of the mud is called into question by the voters," said Sanderoff, president of Research & Polling Inc., whose firm conducted the Oct. 17-19 Journal survey of 503 registered, likely voters in the district.

"The negative campaigning, and the polarizing nature of this race, has taken its toll on the two candidates," Sanderoff said.

Madrid leading

In the same Journal Poll, 45 percent said they would vote for Madrid, compared with 42 percent for Wilson.

The result fell within the poll's margin of error of plus or minus 4.4 percentage points. However, Sanderoff said the trend over the past three Journal Polls - in which Madrid went from trailing slightly in late August to leading slightly in mid-October - shows there has been a change in the nationally watched congressional battle.

Sanderoff said he doesn't see Madrid's slight lead as a statement of whether Madrid is popular or Wilson is unpopular. Instead, he said, many Voters simply view the Democratic candidate as an agent of needed change in Washington.

One honesty statistic that might support that view: According to Sanderoff, 13 percent of those who view Madrid as dishonest said they plan to vote for her anyway, while only 6 percent of those who view Wilson as dishonest plan to vote for the incumbent.

Wilson, an Air Force Academy graduate and Rhodes Scholar, has cultivated an image as a lawmaker above reproach. The image is underscored in a recent TV ad endorsement by New Mexico senior Sen. Pete Domenici, R-N.M., perennially the state's most popular politician. Sanderoff said the image also could be playing a male in Wilson's better honesty numbers among voters.

"It's interesting to note Wilson's honesty figures are higher than her approval rating," Sanderoff added: In late-August Journal polling, 46 percent approved of the job she was doing in Washington.

Madrid's job approval rating was state attorney general was 44 percent.

"Some people might recognize (Wilson's) integrity, but disagree with her on the issues," Sanderoff said.

Nine percent of 1st District voters in the new Journal survey remained undecided on how they would vote. Sanderoff said Wilson's slight edge in honesty numbers could help her in the long run to pull a few more votes from undecided voters.

"I'd rather have a higher honesty rating than a low one," he said. "In a close race, honesty and integrity has always been seen as an important consideration among voters."

The wording of the poll questions was: Please tell me if you believe each of the following people is very honest, somewhat honest, somewhat dishonest or very dishonest.

Ethics

Ethics questions have played 'a key role in the battle between Wilson and Madrid.

Wilson started criticizing Madrid this summer for doing' nothing as attorney general to address a corruption problem at the state Treasurer's Office.

Madrid, meanwhile, has faulted Wilson for taking campaign contributions from disgraced or questionable congressional members and associates.

Much of the 21st District battle is being fought through expensive TV attack ads.

Each camp accuses the other of stretching - or outright butchering - the truth in hopes of smearing its opponent.

"The point of a campaign is not to be honest. The point of a campaign is to win," said University of New Mexico political science professor Lonna Atkeson.

"Both candidates have come out swinging pretty hard against the other candidate's character, and part of their character is their honesty," she said. "They're spinning things in such a way to hurt the other (candidate). That's the point."

Among party members, the Journal Poll said 69 percent of Democrats believed Madrid is either somewhat or very honest, while 82 percent of Republicans believed Wilson falls into those two categories.

Atkeson said those numbers, might suggest Wilson could be more successful than Madrid in raising questions about her opponent in the minds of opposing party members.

However, that does not necessarily amount to more votes: The Journal polling shows that Wilson's support among Democrats has slipped since late August.

The new poll found that 64 percent of Republicans considered Madrid dishonest, while 51 percent of Democrats considered Wilson dishonest.

Coming Wednesday: How honest are Gov. Bill Richardson and challenger John Dendahl?

Albuquerque Journal Tuesday October 24, 2006

Wilson declares victory in debate, challenges Madrid






Tuesday October 24, 2006 09:19

http://www.prosefights.org/nmlegal/wilson/wilson.htm#wilson

Email via http://wilson.house.gov/Contact.asp, http://www.heatherforcongress.com/ContactUs.asp and certified return receipt requested mail

Congresswoman Heather Wilson
625 Silver Ave. SW, Suite 340
Albuquerque, New Mexico 87102

Dear Congresswoman Wilson:


Purpose of this eletter/letter is to ask your help getting the FBI to respond to a 1996 Freedom of Information Act/Privacy Act request and to help get this 14 year long matter settled.

Department of Justice lawyer James Kovakas did the right thing and informed me on November 30, 2005 that the FBI has 60 pages of documents about me which were responsive to a 1996 Freedom of Information Act FOIA and Privacy Act request.

Kovakas' associate Ms Jean Kornblut informed me on the phone that some yet unknown FBI agent initiated my firing from Sandia Laboratories.


This led to release of the false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos.

FBI FOIPA Public Liaison Officer (PLO) Nancy L. Steward [(540) 868-4516]asked me to fax her the letter in which Kovakas identified the 60 pages of documents responsive to my 1996 requested. I faxed the requested documents on October 2, 2006.

I wrote David M. Hardy Section Chief Record/Information Dissemination Section Records Management Division U.S. Department of Justice Federal Bureau of Investigation on October 5, 2006 suggesting settlement of this unfortunate matters.

I have not received a response.

We asked your help on Friday 6/9/00 1:00 PM and on Friday 6/30/00 11:37 AM. You did not respond or help.


Instead of seeing that our two New Mexico paid for 12 person jury trial breech of contract lawsuits http://www.prosefights.org/nmlegal/supremecourt/exhibitk.htm
http://www.prosefights.org/nmlegal/supremecourt/exhibitl.htm against former second judicial district judge W John Brennan et al went probably to settlement or trial, lawyer Jerry Walz and judges Kenneth G Brown dismiss No. CV 2001 07994 and Robert H Scott dismiss No. CV 2002 3425 in violation of New Mexico court rule.

1-041. Dismissal of actions.

A. Voluntary dismissal; effect thereof.

(1) Subject to the provisions of Paragraph E of Rule 1-023 and of any statute, an action may be dismissed by the plaintiff without order of the court:

(a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or

(b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim.

(2) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim, cross-claim or third-party claim has been filed by a party prior to the service upon such party of the plaintiff's motion to dismiss, the action shall not be dismissed against the party's objection unless the counterclaim, cross-claim or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the q facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 1-052.

Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 1-019, operates as an adjudication upon the merits.

C. Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

D. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

E. Dismissal of action with and without prejudice.

(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim. An action or claim shall not be dismissed if the party opposing the motion is in compliance with an order entered pursuant to Rule 1-016 or with any written stipulation approved by the court.

(2) Unless a pretrial scheduling order has been entered pursuant to Rule 1-016, the court on its own motion or upon the motion of a party may dismiss without prejudice the action or any counterclaim, cross-claim or third party claim if the party filing the action or asserting the claim has failed to take any significant action in connection with the action or claim within the previous one hundred and eighty (180) days. A copy of the order of dismissal shall be forthwith mailed by the court to all parties of record in the case. Within thirty (30) days after service of the order of dismissal, any party may move for reinstatement of the case. Upon good cause shown, q the court shall reinstate the case and shall enter a pretrial scheduling order pursuant to Rule 1- 016. At least twice during each calendar year, the court shall review all actions governed by this paragraph.

(3) The filing of a motion for dismissal pursuant to this rule shall not be taken to be an entry of appearance in said action or proceeding.

F. Applicability. This rule shall apply to all civil cases filed in the district court, including civil cases appealed from the metropolitan or magistrate courts. This rule shall not apply to:

(1) guardianship, receivership, trusteeship or conservatorship cases;
(2) proceedings commenced pursuant to the Mental Health and Developmental Disabilities Code;
(3) proceedings commenced pursuant to the provisions of the Probate Code; or
(4) proceedings commenced pursuant to the Children's Code.

[As amended, effective January 1, 1990.]

Right to trail by jury is guaranteed inviolate by both New Mexico and federal [Seventh Amendment] constitutions.

Only a plaintiff can move to dismiss a jury trial lawsuit as codified in 1-041. Dismissal of actions.

Lawyer Walz and judge Brown further first took away Payne's Tenth Amendment right to litigation pro se on May 16, 2002 then lawyer Walz and judge Scott did the same to Morales on July 8, 2002.

Dismissing the two paid for 12 person jury trial lawsuits guarantee inviolate by New Mexico and federal constitutions defrauded Morales and Payne of their money.

Removal of Morales' and Payne's Tenth Amendment constitutional right to litigate pro se is extortion.

Both fraud and extortion are felony crimes in New Mexico.


New Mexico second judicial district attorney Kari Brandenburg was contacted both over the Internet and by certified return receipt requested mail on May 23, 2006 to serve summons on the criminals who caught got in writing committing felony crimes.

Brandenburg has not yet informed us if our criminal complaints are unjustified nor served summons we believe. This is Brandenburg's duty under her oath of office.

So we wrote to New Mexico attorney general Patricia Madrid on August 27, 2006 which included a questionnaire.

Madrid has not yet responded.


Framers of the US Constitution anticipated a crooked judge like Brown or Scott in collusion with a crooked lawyer, like Jerry Walz, would dismiss a case. That's why trial by jury inviolate is written into the Constitution.

Likewise, constitutional framers required [Article 6 of the U.S. Constitution] elected and appointed officials to take an oath of office similar to the oath you were required to take as a congresswoman
"I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

Since we have been defrauded of $644 in two paid for 12 person New Mexico lawsuits, we asked New Mexico attorney general candidates Bibb and King to respond to a questionnaire on October 10, 2006:

http://www.prosefights.org/nmlegal/bibb/bibb.htm#bibb
http://www.prosefights.org/nmlegal/king/king.htm#king

King accepted the registered letter and questionnaire.

Bibb has not accepted the registered letter and questionnaire.

We sent New Mexico Supreme Court judge Richard Bosson forms to void judgments of Brown and Scott on August 27, 2006:
http://www.prosefights.org/nmlegal/bosson/bosson.htm#bosson

Bosson has not responded.


We forwarded a Rule 21(c) to judge McConnell of the Tenth Circuit to void judgments on December 15, 2004.

Neither the clerk of the Tenth Circuit or McConnell responded.

1 We ask that you do the job you were sworn to do and help get these unfortunate matters settled before they get far worse.

We feel that our fair settlement conditions should be quickly accepted.

These matters settled before we are forced to again file a Rule 22 writ petition with judge Thomas at the US Supreme Court to void judgments similar to the Rule 22 writ petition filed with judge Scalia on June 16, 2004.

Then proceed to our paid for 12 person jury trial New Mexico lawsuits guaranteed inviolate by New Mexico and federal constitutions.

2 We ask that you help to see that the 60 pages of documents the FBI identified by Kovakas at DOJ be sent to me without redaction.


I ask that you inform me of your decision to help or not by October 31, 2006.

Sincerely


William H Payne
13015 Calle De Sandias ,NE
Albuquerque, NM 87111

Distribution


julia.eichhorst@ic.fbi.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

Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov