WTC7: Complaint for Injunctive and Declaratory Relief filed

Source: http://www.muckrakerreport.com/id405.html

THE WTC7: Complaint for Injunction and Declaratory Relief has been filed in United States District Court Southern District of New York!

May 8, 2007 – On February 28, 2007 I issued a Request for Correction to the National Institute of Standards and Technology (NIST). As of today, NIST has not responded. Yesterday, Attorney Jerry Leaphart of Jerry Leaphart & Associates (Danbury, CT) filed a Complaint for Injunctive and Declaratory Relief in United States District Court Southern District of New York on my behalf and on behalf of others similarly situated. The purpose of both the Request for Correction and this recent legal action is to stop the direction the government is heading regarding its final report on how World Trade Center Seven collapsed in 6.6 seconds on September 11, 2001.

For the rest of the article, go here:

http://www.muckrakerreport.com/id405.html

This action pressed harder

This action pressed harder will certainly start the ball rolling by legally calling out individuals preparing the NIST WTC 7 report. To the courts we go.

Wow

May the power of law bring our questions and truth to light. Thank you & congrats'

Wow is right...

Did anyone who voted this blog entry a 10 actually read the complaint that was filed? It is nothing but incoherent drivel promulgated by Jerry Leaphart, attorney for the disinfo artist Jim Fetzer (who recently reared his ugly head around here again).

Hate to say it but this complaint stands no chance in court. My prediction: a motion to dismiss for failure to state a claim (and perhaps improper venue and/or lack of personal jurisdiction) will be the first thing filed by the U.S. attorneys handling the case, which will be eagerly granted by the presiding judge.

There are too many problems with this complaint to go through in detail, but I will breifly name a few:

1. Leaphart didn't even get the jurisdiction and venue allegations under the general venue statute correct.

2. The Plaintiff has clearly failed to exhaust all of the administrative remedies available.

3. It incessantly calls the destruction of WTC 7 "near instantaneous", which sounds completely ridiculous.

4. Its claims under the Data Quality Act, even assuming a proper claim was alleged (which it isn't), are not cognizable because the Request For Correction upon which they are based is trying to stop NIST from releasing inaccurate information about WTC 7. Specifically, they are requesting "that this Court grant preliminary and permanent injunctive relief barring the defendants from engaging in either all or some specifically designated portions of work on determining the causes of the near-instantaneous destruction of WTC7." This is not within the spirit or scope of the DQA. The DQA was promulgated to allow private parties to request that inaccurate information be corrected. It was not promulgated to allow private parties to attack information before it is even released, nor does it allow private parties to halt an investigation because said parties don't like the direction the investigation is heading. A simple reading of the DQA and the NIST Information Quality Standards reveals this unassailable fact. Regardless, you've already got NIST looking at "hypothetical blast events" in their WTC 7 investigation. That's not bad, and would really tee the ball up, so to speak, for a real Request for Correction once the final report is released. Instead Leaphart and Haas have jumped the gun, injuring any legitimate effort that comes afterward.

5. Although the complaint discusses violations of the Fifth Amendment, there is no explicit cause of action for violations of the Fifth Amendment, or under Bivens. I can't tell whether this is a mere oversight or what, but in any case it is clearly a result of poor drafting. Why include all of the Fifth Amendment/Bivens discussion if you aren't going to specifically include a cause of action for such violations?

In sum, it literally made me sick to my stomach when I read this complaint. To think the first experience a federal judge has with an attorney advocating 9/11 Truth will be this shoddy complaint, I just can't believe it. Unfortunately it's only going to get worse. Once Judy Wood and Morgan Reynolds get their ridiculous Requests for Correction denied by NIST, those are going straight into the court system as well.

The real Request for Correction filed by the 9/11 Victims' family members last month will be lucky to survive in court after these trailblazers have gone through. If Ed Haas and Jerry Leaphart want to do something truly good for the Truth Movement, they should immediately dismiss this complaint without serving it on the government and wait until a real legal effort can be undertaken.