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30 June 1998
Source: William H. Payne
See related files: http://jya.com/whpfiles.htm
FILED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
98 JUN 30 AM 10:23
Robert M. March
Clerk, ALBUQUERQUE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
William H. Payne )
)
Plaintiff, )
)
v ) CIV NO 97 0266
) SC/DJS
)
National Security Agency )
)
Defendant )
RESPONSE TO MOTION AND MEMORANDUM FOR REMAND OF PLAINTIFF PAYNE'S FIRST FOIA REQUEST WITH INSTRUCTIONS AND REQUEST FOR STAY OF JUDICIAL PROCEEDINGS 1 COMES NOW plaintiff Payne [Plaintiff], pro se litigant to exercise his rights guaranteed under the Constitution, Rules of Civil Procedure, and Local Civil Rules to respond to Defendant's MOTION [MOTION] AND MEMORANDUM FOR REMAND OF PLAINTIFF PAYNE'S FIRST FOIA REQUEST WITH INSTRUCTIONS AND REQUEST FOR STAY OF JUDICIAL PROCEEDINGS filed 98 JUN 22 AM 10:27 within the 14 days allowed by local rule 7.3(b)(4). MOTION is posted on Internet at http://www.jya.com/usa062298.htm. 2 Assistant U.S. Attorney JAN ELIZABETH MITCHELL [Mitchell] writes As a result of the Court's April 30, 1998, Opinion and Order, there remain two FOIA requests for records before this Court. Judge Santiago Campos April 30, 1998, Opinion and Order is in appeal at the Tenth Circuit. http://www.jya.com/whp061098.htm Therefore, no action based on April 30, 1998, Opinion and Order can be taken until appeal is decided. 3 Mitchell writes The Defendant's position was that Plaintiff had been notified that he must pay, in advance, a search fee of $1,267.50 which Plaintiff neither paid nor appealed. Plaintiff KNOWS NSA authors Brian Snow, Mark Unkenholtz, and Scott Judy of requested algorithms. NO SEARCH IS REQUIRED. Mitchell repeats request for search fee by writing Upon receipt of the search fee, the Agency will begin the search for the requested records. NO SEARCH IS REQUIRED. Mitchell AGAIN REPEATS WHEREFORE, Defendant respectfully requests that the Court remand Plaintiff's first FOIA request back to the National Security Agency, direct that Plaintiff Payne pay the search or duplication fees, and because there are no substantive issues before the Court on the first FOIA request, stay any further judicial proceeding on this FOIA request pending processing of said request by the Agency. Therefore, Plaintiff repeats AGAIN. NO SEARCH IS REQUIRED. Demand for search fee of $1,267.50 is merely a plot to delay release of lawfully requested documents. Plaintiff knows who has the requested documents. This is an INSIDE JOB. 4 Essential material facts in the case are 1 5/23/97 Docket Sheet entry 9 Plaintiffs file MOTION by plaintiff for order to accept discovery plan (dmw) 2 Defiant misses filing date for response to entry 9. 3 Plaintiffs' file on 6/9/97 Docket Sheet entry 13 MOTION by plaintiff to accept discovery plan of plaintiffs as an unopposed motion before the court (dwm) 4 In panic Defendant's lawyer US Mitchell submits on 6/9/97 Docket Sheet entry 14, RESPONSE by defendant to motion to accept discovery plan of plaintiffs as an unopposed motion before the Court [13-1] (dwm) [Entry date 06/10/97] Lawyer Mitchell, apparently realizing her legal procedural blunder, is forced to deposit her LATE MOTION in Court outside mailbox since entry was not stamped FILED until June 10. The "time specified in Rule 26(d)" was satisfied, therefore Plaintiffs were with the law for proceeding with discovery. 5 Plaintiffs move for PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON BASED ON EVIDENCE FROM ADMISSIONS on December 22, 1997 since no admissions were returned. http://jya.com/whp012398.htm 6 Federal Rules of Civil Procedure http://www.law.cornell.edu/rules/frcp/overview.htm, in particular,
http://www.law.cornell.edu/rules/frcp/overview.htm#chapter iii are quite
clear about non-response. Rule 8. General Rules of Pleading d) Effect of Failure To Deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/frcp/query=[jump!3A!27rule8!27]/doc/{@83}?
PLAINTIFFS WON LAWSUIT. But Campos writes in http://jya.com/whp043098.htm IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment Based on Evidence from Admissions is DENIED as MOOT.. Therefore, Campos attempts to deny plaintiffs’ lawful court victory. Plaintiffs have appealed above ruling to the Tenth Circuit. http://jya.com/whp061098.htm Campos violates Federal Rules of Civil Procedure by declaring Plaintiffs’ win MOOT. Plaintiff Payne has appealed Campos’ decision NOT TO DISQUALIFY himself from this case to the Tenth Circuit. http://www.jya.com/whp060998.htm WHEREFORE 5 Santiago Campos disqualifies himself under 28 USC § 455. Disqualification of justice, judge, or magistrate (a) Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. ... from further participation in case CIV NO 97 0266, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO 6 DENY Mitchell’s request [D]efendant respectfully requests that the Court remand Plaintiff's first FOIA request back to the National Security Agency, direct that Plaintiff Payne pay the search or duplication fees, and because there are no substantive issues before the Court on the first FOIA request, stay any further judicial proceeding on this FOIA request pending processing of said request by the Agency. as merely a ploy to delay release of the documents and legal fees Plaintiffs won in this lawsuit. 7 DENY http://www.jya.com/usa062298.htm. June 26, 1998 Santiago E. Campos, Senior Judge P.O. Box 2244 U.S. Courthouse South Federal Place Santa Fe, NM 87504-2244 Re: William H. Payne v. National Security Agency Civ. No. 97-0266 SC/DJS Dear Judge Campos, Defendant National Security Agency has completed the classified Declaration ordered in the above-referenced case. When you would like for the Declaration to be presented for in camera review, please advise me and I will notify NSA. It would be helpful to have about seven to ten days prior notice to enable travel arrangements to be made for Ms. Arnold who will be coming from Maryland. Thank you. Sincerely, JOHN J. KELLY United States Attorney [Signature (yh)] JAN ELIZABETH MITCHELL Assistant U.S. Attorney cc: William Payne Susan Arnold, Esq. as inconsistent with an American open court of law . NSA got caught giving Sandia National Laboratories a GENERIC deficient authentication algorithm and bad implementation requirements. http://jya.com/da/whpda.htm
Further, NSA got caught spiking Iranian and Libyan cryptographic units. http://caq.com/cryptogate Neither can be properly classified. Executive Order 12958 - Classified National Security Information http://www.hdsi.com/SP/eo12958.htm Sec. 1.8. Classification Prohibitions and Limitations. (a) In no case shall information be classified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of national security. Both indicate an administrative error which is embarassing to NSA persons and agency NSA. 8 TIME to 1 release lawfully requested documents Plaintiff Payne and Morales won in court 2 pay Payne and Morales legal fees for court win 3 settle with NSA and US government victims. Respectfully submitted, William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 Pro se litigant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing memorandum was mailed to Lieutenant General Kenneth A. Minihan, USAF, Director, National Security Agency, National Security Agency, 9800 Savage Road, Fort George G. Meade, MD 20755-6000 and hand delivered to Jan E Mitchell, Assistant US Attorney, 9 Floor, Bank of America Building, 4th and Tijeras, ABQ, NM 87102 this Tuesday June 30, 1998. PAGE PAGE 5