For The Canadian

First posted
Sunday November 25, 2007 07:13
Updated
Monday November 26, 2007 09:02

On July 16,1996 Payne mails Judge Harry Edwards a criminal complaint affidavit naming some involved in US high tech terrorism [Glass, Childers, Gosler and Folley].

Uneasy feeling

Payne departed on July 17, 1996 for Washington state in 1972 Ford F250 truck for consulting work.

Letter is received in Washington on

Oh shit!

Coincidental TWA 800 explodes July 17, 1996. Tuesday July 3, 2001 10:36

As you can see below, Judge Harry T Edwards is largely reponsible for us filing the NSA FOIA lawsuit.

Tuesday July 16, 1996 06:25

Certified, Return receipt requested

Harry T. Edwards
Chief judge, D.C. Circuit
U.S. Courthouse
333 Constitution Ave, NW
Washington, D.C. 20001
202-273-0380
0119 fax

Dear judge Edwards:

Purpose of this letter is to file criminal complaint affidavits against,

1 Department of Justice lawyer David M. Glass,
2 Sandia National Laboratories lawyer Harold L. Folley,
3 Sandia National Laboratories department manager C. William Childers,
3 Sandia National Laboratories supervisor James. R. Gosler.

Rule 3 of the Federal Rules of Criminal Procedure, entitled the Complaint provides:
The complaint is a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate.

As you may be aware,
An individual may "make a written complaint on oath before an examining and committing magistrate, and obtain a warrant of arrest." This is in conformity with the Federal Constitution, and "consonant with the principles of natural justice and personal liberty found in the common law."

[United States v Kilpatrick (1883, DC NC) 16G 765, 769]

You may also be aware,
A complaint though quite general in terms is valid if it sufficiently apprises the defendant of the nature of the offense with which he is charged.

[United States v Wood (1927, DC Tex) 26F2d 908, 910, affd (CA5 Tex) 26 F2d 912.

And for your edification,
The commission of a crime must be shown by facts positively stated. The oath or affirmation required is of facts and not opinions or conclusion. [United States ex rel. King v Gokey (1929, DC NY) 32 F2d 793, 794]

The complaint must be accompanied by an oath.

[Re Rules of Court (1877, CC Ga) 3 Woods 502, F Cas No 12126]

A complaint must be sworn to before a commissioner or other officer empowered to commit persons charged with offenses against the United States.

[United States v Bierley ( 1971, WD Pa) 331 F Supp 1182]

Such office is now called a magistrate.
A complaint is ordinarily made by an investigating officer or agent, and where private citizens seek warrants of arrest, the practice recommended by the Judicial Conference of the United States is to refer the complaint to the United States Attorney. However, further reference to him is rendered futile where a mandamus proceeding is brought to compel him to prosecute and he opposes the proceeding.

[Pugach v Klein (1961, SD NY) 193 F Supp 630, citing Manual for United States Commissioners 5 (1948)]

The situation here is that these felony criminal complaints are brought to you by me is that there have been attempts of federal judges and court clerks to cover up criminal activity at the Federal Bureau Investigation/ Engineering Research Facility, within the U.S. Department of Energy, Sandia National Laboratories, Department of Justice, and the National Security Agency.

Therefore, any attempt to bring criminal complaints to government authorities would, of course, be futile.

I am a citizen of the United States and you are the assigned magistrate.

In order to satisfy the requirement of the Constitution and Rules 3 and 4, a written and sworn complaint should set forth the essential facts constituting the offense charged and also facts showing that the offense was committed and that the defendant committed it.

And,
As to the requirement that the complaint be made on personal knowledge of the complainant, it is enough for the issuance of a warrant that a complainant shows it to be on the knowledge of the complainant.

[Giordenello v United States (1958) 357 US 480, 2 L Ed. 2d 1503, 78 S Ct 1245, revg (Ca5 Tx) 241 F2d 575, 579 in accord Rice v Ames (1901) 180 US 371, 45 L Ed 577, 21 S ct 406, and United States v Walker, (1952, CA2 NY) 197 F 2d 287, 289, cert den 344 US 877, 97 L Ed 679, 73 S Ct 172]

So as to keep contiguous the requirements of the law and the criminal complaint affidavits, I will include these complaints in this letter to you.
CRIMINAL COMPLAINT AFFIDAVIT: David M. Glass

Essential material facts are:

1 March 17, 1993 Glass sent the ATTACHED fax to Folley, Kalman, and Aarons. Glass states,

As I have advised each of you, the United States wishes to ensure that classified information is not revealed in this case." ...

To help ensure that classified information is not revealed inadvertently, I would appreciate your sending me copies of all proposed court filing, proposed requests for discovery and proposed discover responses before they are served or filed. I will distribute the materials to any interested agency and advised the party who has prepared them of any problems that we perceive. It is my hope that ny problems can be resolved informally.

2 June 2, 1993 Glass writes in THE ATTACHED fax,

During the second session of his recent deposition, William H. Payne stated on a number of occasions that information could not be regarded as classified to the extant that Mr. Payne viewed the information as involving illegal activity. ...

As I indicated to you and to the other counsel in this case in my letter of March 17, 1993, individuals with access to classified information are under an obligation to refrain from disclosing the information with prior government authorization. ...

In addition, Mr. Payne lacks the declassification authority that Executive order No. 12356 required for the downgrading or declassification of classified information. As a result, Mr. Payne lacks the authority to make judgments about the appropriateness for disclosure of particular pieces of information that the government regards as classified and, on the basis of those judgments, to make disclosure of the information of unauthorized persons. ...

3 Copy of June 2 letter was sent to Harold L. Folley.

4 Complainant Payne has repeatedly requested mandatory declassification review of information in this case. No requested mandatory declassification review required under EO 12356 HAS EVEN BEEN CONDUCTED.

6 Since complaint has never been charged with release of any properly classified information, the obvious conclusion is that Glass attempted to intimidate the complainant with the two attached letters.

COUNT 1

Glass is charged with felony violation of,

Title 18, Civil Rights, Article 241, Conspiracy against right to citizens states:

"If two or more persons conspire to ... oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or law of the United States, or because of his having so exercised the same: ... They shall be fined not more than $10,000 or imprison not more than ten years or both;..."

for his complicity with Sandia lawyer Folley, department manager Childers, and supervisor Gosler in an attempt to intimidate complainant with Glass' letters of March 17 and June 2, 1993.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this criminal complaint are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Date
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: Harold L. Folley

Essential material facts are:

1 Folley, on information and belief, conspired with Department of Justice lawyer Glass in an attempt to intimidate complainant Payne in Glass' letters of March 17 and June 2, 1993.

COUNT 1

Folley is charged with felony violation of,

Title 18, Civil Rights, Article 241, Conspiracy against right to citizens states:

"If two or more persons conspire to ... oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or law of the United States, or because of his having so exercised the same: ... They shall be fined not more than $10,000 or imprison not more than ten years or both;..."

for his complicity with Department of Justice lawyer Glass, Sandia department manager Childers, and supervisor Gosler in an attempt to intimidate complainant with Glass' letters of March 17 and June 2, 1993.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this criminal complaint are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Date
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

CRIMINAL COMPLAINT AFFIDAVIT: C. William Childers

Essential material facts are:

1 ATTACHED affidavit of C. William Childers states,

I decided that Dr. Payne's actions warranted his termination. ...

for complainant's exercising his right to communicate with his Japanese colleague with Sandia Classification and Sensitive Review Department approval.

COUNT 1

Childers is charged with felony violation of,

Title 18, Civil Rights, Article 241, Conspiracy against right to citizens states:

"If two or more persons conspire to ... oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or law of the United States, or because of his having so exercised the same: ... They shall be fined not more than $10,000 or imprison not more than ten years or both;..."

for oppression of complainant's right guaranteed by the Constitution to communicate with his Japanese colleague with Sandia Classification and Sensitive Review Department approval.

VERIFICATION

Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this criminal complaint are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Date
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

CRIMINAL COMPLAINT AFFIDAVIT: James R. Gosler

Essential material facts are:

1 February 2, 1993 ATTACHED affidavit authored by Gosler swears,

For these reasons, it is my belief that Sandia and the named sponsors will suffer irreparable injury if these pleadings and future pleading containing similar information are not sealed in the court records, and the discussion about, and dissemination of, then limited by court order.

2 All documents to which Gosler refers are known to the public.

3 There is no properly classified information in the documents to which Gosler refers. No complainant requested mandatory declassification review required under EO 12356 has even been conducted.

4 Complainant has never been charged with divulging properly classified information.

Count 1

5 Gosler is charged with felony violation of,

Title 18, Civil Rights, Article 241, Conspiracy against right to citizens states:

"If two or more persons conspire to ... oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or law of the United States, or because of his having so exercised the same: ... They shall be fined not more than $10,000 or imprison not more than ten years or both;..."

for his and Childers' attempted oppression to communicate Gosler and Childers' illegal Work for Others activities to proper authorities.

VERIFICATION

Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this criminal complaint are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Date
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

So, judge Edwards, I believe that I have complied with all applicable rules of the court to have you issue arrest warrants for Glass, Folley, Childers, and Gosler.

If I have not complied with all applicable rules, then I ask that you inform me of any non-compliance so that I can correct my criminal complaints and re-submit them.

I satisfied the requirement of the Constitution and Rules 3 and 4, and issued written and sworn complaints that set forth the essential facts constituting the offenses charged against Glass, Folley, Childer, and Gosler. I also showed facts, the enclosed affidavits and letters, showing that the offenses were committed by Glass, Folley, Childers, and Gosler and these individuals committed them.

So I ask that you do your job and proceed with supervision of the arrest and prosecution of Glass, Folley, Childers, and Gosler for title 18 felony violations of law.

I expect you to supply me with copies of warrants of arrest you issue for Glass, Folley, Childers, and Gosler within seventeen working days.

Unless, of course, you can provide written justification of why such a deadline is unreasonable.

I enclose copies of newspaper articles on the National Security Agency's and Federal Bureau of Investigation's attempts to conscript me into their Infowar, Rigging the Game published by the Baltimore Sun, and an audio cassette copy of the Swiss Radio International '94 broadcast about the case of Hans Buehler to help you understand what some in the US government are trying to cover up.

US bureaucratic government-sponsored high-tech terrorism. A US government activity so SECRET it cannot be classified, according to Gosler.

FOIAs dated June 10 addressed to NSA and June 11 addressed to the FBI are included to inform you of more details of the US government high-tech terrorism.

You, of course, having this knowledge must begin your duty as required by law to bring the remainder of the US government terrorists to justice.

Sincerely,


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111


Payne receives response from Edwards' Clerk Langer. --------------------------------------------------------------------------------
United States Court of Appeals
District of Columbia Circuit

Washington, D.C.
20001-2866
Mark J. Langer General Information
Clerk July 23, 1996 (202) 273-0300

Mr. William H. Payne
P.O. Box 399
Pullman, WA 99163

Dear Mr. Payne:

Chief Judge Edwards referred your letter of July 19, 1996 to me for response.

It does not appear that you have a case pending in this Court. Additionally, the Court of Appeals has no power to issue "warrants of arrest," therefore, we cannot comply with your request.

Sincerely,

signature

Mark J. Langer
Clerk


Payne write Edwards again to ask him to do his job. Langer responds.
United States Court of Appeals
District of Columbia Circuit

Washington, D.C.

20001-2866

Mark J. Langer General Information Clerk April 7, 1997 (202) 273-0300

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111

Dear Mr. Payne:

Chief Judge Edwards has forwarded to me the letters you sent him. I apologize for the delay in responding. As best I can tell, you seek to file criminal complaints against a number of individuals, including one from the U.S. Department of Justice and several from "Sandia National Laboratories." The United States Court of Appeals for the District of Columbia Circuit is without authority to accept for filing or investigate such complaints. They should be filed, in the first instance, in the federal district court in which the alleged violations occurred. (Indeed, it appears, from examining some of the attachments to your letters, that there is or was an action in the U.S. District Court for the District of New Mexico.) Once the appropriate federal district court has disposed of the complaints, the appropriate federal circuit court of appeals may hear any timely appeal(s). I regret we could not be of more assistance to you.

Sincerely,
signature
Mark J. Langer
Clerk


Payne and Morales file NSA lawsuit to attract attention to a legal system which is not working properly.