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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].
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For The Canadian
First posted
Sunday November 25, 2007 07:13
Updated
Monday November 26, 2007 09:02
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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].
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As you can see below, Judge Harry T Edwards is largely reponsible for us filing the NSA FOIA lawsuit.
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Tuesday July 16, 1996 06:25 Certified, Return receipt requested Harry T. Edwards Dear judge Edwards: Purpose of this letter is to file criminal complaint affidavits against, 1 Department of Justice lawyer David M. Glass, 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."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.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]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.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.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. 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." ...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. 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 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. 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 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 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, Payne receives response from Edwards' Clerk Langer. -------------------------------------------------------------------------------- District of Columbia Circuit Washington, D.C. Mr. William H. Payne 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 Payne write Edwards again to ask him to do his job. Langer responds. District of Columbia Circuit Washington, D.C. 20001-2866 Mark J. Langer General Information Clerk April 7, 1997 (202) 273-0300 William H. Payne 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, Payne and Morales file NSA lawsuit to attract attention to a legal system which is not working properly. |
