9/11 Families March on City Hall As City Seeks to Stop Fresh Probe of
Attacks from Going on November Ballot

NY Supreme Court Hearing At 9:30AM, Tuesday Will Determine Fate of Referendum


September 28, 2009

Ted Walter, 917-627-8467
Email Ted Walter

New York City – Yesterday, The New York City Coalition for Accountability Now (NYC CAN), a group comprising 9/11 family members, first responders and survivors, led 300 New Yorkers from Battery Park to City Hall in protest of the City’s attempt to block the referendum for a fresh probe of the 9/11 attacks from going on the November ballot. Today, the Court ordered litigants to present arguments before Judge Edward Lehner at a hearing scheduled for 9:30AM, Tuesday at the New York Supreme Court, Room 252, 60 Centre Street.

On Sunday, 9/11 family member Manny Badillo welcomed the crowd at Battery Park, "Today we are marching peaceably to let the world know that the City of NY is defying the will of the people to have one question on the ballot, the question to have a proper independent investigation to answer 100% of the questions raised by the 9/11 families."

Mark Crispin Miller, author and professor of Media Studies at NYU spoke of the lack of accountability. He noted that after 9/11 "no heads rolled"; until recently when Obama adviser Van Jones was forced to resign because he signed the "9/11 Truth Statement" in 2004. Miller said he too signed the statement and would sign it again "in ten seconds."

At City Hall, Daniel Sunjata, star of Fox’s “Rescue Me”, gave a rousing speech challenging the integrity of the 9/11 Commission. Specifically he cited the fact that 60% of the Commissioners have admitted deficiencies their own investigation. Speaking about the City’s challenge to NYC CAN’s ballot initiative, Sunjata said,

"Although 80,000 New Yorkers have voiced their desire in writing to include on November's mayoral ballot, the referendum for a new investigation, the City has responded by saying it has no jurisdiction into the murder of 3000 of its own citizens. Look at the lengths to which they have gone to evade allowing the residents of this city a chance to vote for answers and accountability."

Bob McIlvaine wrapped up the rally emotionally, saying, “I have one job in life until the day I die… to find out who murdered my son."

On Friday, the Court-appointed Referee submitted his recommendations in which he sided with the City. This morning, the Petitioners’ attorney, Dennis McMahon, filed a motion requesting a hearing to allow for arguments challenging the Referee’s “fatally flawed” report. According to McMahon, “No other case pending in the New York courts has a higher priority, so we expect a judgment this Wednesday.” 9/11 family members, first responders and survivors will be attendance at the hearing tomorrow morning.

If the Petition overcomes all legal challenges, goes to the November ballot and passes, it would lead to the creation of a local, independent commission with subpoena power that would be tasked with comprehensively reinvestigating the attacks. For more info:

9/11 Whistleblower LTC Anthony Shaffer Endorses NYCCAN

To read about Able Danger, Click Here. - Jon

28 September 2009
Springfield, VA

I endorse the NYC CAN campaign and support the need for a new, independent, investigation of the events and failures that lead up to the 9/11 attacks.

The original 9/11 Commission inquiry became an exercise in bureaucratic ass-covering and obfuscation of accountability.

I had no intention of joining the ranks of “whistle blowers”. In 2003, when I made my disclosure to the 9/11 commission regarding the existence of a pre 9/11 offensive counter-terrorism operation that had discovered several of the 9/11 terrorists a full year before the 9/11 attacks my intention was to simply tell the truth, and fulfill my oath of office.

Unfortunately, this was a minority view.

Instead of supporting the search for the truth, members of the Bush/Rumsfeld Department of Defense did everything within their power to destroy my 20 year career as a clandestine intelligence operative simply to try to discredit me and my disclosure.

In 2006 I testified before Congress on the pre-9/11 issues regarding the systemic failures I was personally aware of – in both open and closed sessions – and yet nothing was ever done to correct these problems.

The families and victims of the 9/11 attacks are owed a real accounting of why their government failed them. We all deserve answers.

The full accounting has never been made. This accounting is long overdue. I hope the NYC CAN effort will result in a real, detailed, independent investigation that will reveal the full truth – whatever that truth may be.

Tony Shaffer

Do these people deserve to know how and why their loved ones were murdered? Do we deserve to know how and why 9/11 happened?

I wish I could there with you all

I was born and raised in the NY City suburbs & later lived in Manhattan almost 5 years. The pursuit of truth has means more to me because of that. You are courageous, noble citizens. Thank you.


Please note

Can NYCCANs lawyer please ask the judge the following plain questions.

Why does he think exists a local law to put questions on the ballots for New Yorkers on behalf of peditioners at first place?

How could it be that in history and in light of the referee advise that to my knowledge all or at least most of these attempts have been buried before they reached the ballots? Is it normal that the city fight and the judges rule against against each of these attempts of such a democratic law?

Quote Kate O’Brien Ahlers, New York City’s law department communications director, commented to RAW STORY: “As the legal referee recommended — and the City agrees — the focus of this referendum is not a proper subject to be placed before the voters under applicable law.”

The only instance to decide what's proper subject for decide for the people's will under these law is the people's will. Not the position of the city, neither the one of the judges. If you think you have a silly law by making direct democracy possible on behalf of peditioners, you have to change the law and not bury every attempt. Especially in this case. That's my opinion. If you have this law, so be it. Ask the voters!

Good luck...

New Yorkers. No matter what happens today, the people have made the "powers that be" know that we are not going anywhere.

Do these people deserve to know how and why their loved ones were murdered? Do we deserve to know how and why 9/11 happened?

Not New Yorker? GIVE $$

I am not a New Yorker and have no connection with NYC CAN other than as a donor. I just gave again.

$10 - $50 (or more is better) to NYC CAN right now can be as effective as street organizing, so if you feel like you haven't been doing enough--and how many can say they have been?--this is the time.

No matter what happens, whether they have to go to the US Supreme Court or get on the ballot, they will need all of our support, not just New Yorkers. This initiative is the best hope to get 911 questions answered under subpoena.

I am unemployed at the moment. Doesn't matter. Give something up if you have to. Send money.

- omniadeo

From Betsy...

Who is sitting in the court room... "We're still here. The judge seems sympathetic to us or at least cares enough to be fair! I've been audio- recording for 1 1/2 hours."

Do these people deserve to know how and why their loved ones were murdered? Do we deserve to know how and why 9/11 happened?


...thanks for the update.

From Betsy...

"The hearing was over by 1:00pm. Dennis, NYCCAN's att'y said that today was unusual because it was a "top down" procedure meaning that the judge had to learn everything in court. Yesterday was a holiday, so he had to learn everything today from scratch, instead of just focusing on the fine points.

The judge is deciding now . . . "

If there is a God... in fact, I'll tell you what... if this passes, I'll start believing in one.

Do these people deserve to know how and why their loved ones were murdered? Do we deserve to know how and why 9/11 happened?

From scratch?

They just sent someone who has no knowledge of the case to be heard to preside over it? Is that standard practice?

Who wants to sing along with me to the old Steve Martin song....let's go...
"Criticize things you don't know about..."

If there were a god, would he or she have made people that dim? I think not!!!!!!!!!!!!!


I heard about things from Kyle Hence. Apparently there was a "clerical error" that caused problems today. I heard that the judge wasn't knowledgeable regarding 9/11, but that he seemed to be fair. That the topic of whether or not an investigation by the city actually took place into 9/11 came up, and the City's lawyer conceded that it did not happen, and their argument was because it was a Federal case... the judge apparently didn't buy that. Our lawyer did well I hear, and brought up a few points, one of them being WTC7, and Barry Jennings. The opposing lawyers brought up NIST's investigation, etc... a decision wasn't made today. A statement will be out soon.

Do these people deserve to know how and why their loved ones were murdered? Do we deserve to know how and why 9/11 happened?

Hey Celebrities...

NOW would be a good time to "strut your stuff..." Make the televisions talk.

You guys could learn a lesson from Mr. Sunjata.

Do these people deserve to know how and why their loved ones were murdered? Do we deserve to know how and why 9/11 happened?


Celebrities, public figures of every kind, make the decision that will make you proud on your deathbed.
You can make history, not just TV shows and movies.

[Wo]Man up!


Thanks for the timely updating Jon -- it seems like you and Betsy are the primary people keeping others informed quickly on the events.

>>That the topic of whether or not an investigation by the city actually took place into 9/11 came up, and the City's lawyer conceded that it did not happen, and their argument was because it was a Federal case... the judge apparently didn't buy that.

That's a good sign.


Latest Can Update
Decision On Petition’s Legality Expected By End of Week

Supreme Court Justice Edward Lehner has begun consideration of NYC CAN’s motion to reject Referee’s Louis Crespo’s recommendation that the NYC CAN 9/11 petition not be submitted to the voters on November 3. The petition would ask whether or not there should be an independent New York City investigation into 9/11.

Responding to a motion brought by NYC CAN attorney Dennis McMahon, a hearing was held Tuesday September 29 at the New York State Supreme Court, and concluded with the understanding that the Court will likely render a decision on the petition’s legality by Friday, October 2.

The City’s previously assumed deadline of September 30—spurred by the printing deadline for military absentee ballots—was brushed away by Judge Lehner as he suggested the printing of absentee ballots would likely not be ordered on Wednesday, September 30, since runoff elections were being held while the Court was in session. Even if the ballots were ordered on Wednesday, Lehner indicated, this should not prevent the referendum from being put before the vast majority of the electorate who would be voting in New York City.

Judge Lehner’s postponement of the supposed deadline came after McMahon had requested that the Judge carefully consider both sides’ arguments, rather than render a rush decision and fail to adequately contemplate NYC CAN’s legal arguments, as the Referee had done.

Initially there was a question as to whether oral arguments would go forward as a clerical mishap resulted in the Judge not being presented with the papers on time. As a result of the snafu, the procedure for the Court to hear arguments was inverted, whereby oral arguments were heard first and served to orient the Judge.

Over the next few days the Judge will go through both sides’ legal memos, as well as the applicable statutes and case law.

Surprisingly, the file forwarded from the Referee to the Judge did not contain NYC CAN’s legal memo, which McMahon told the Court seemed apropos, since the referee had barely considered the Petitioners’ memorandum of law.

The Judge proceeded to invite discourse on why an investigation was needed. When McMahon raised as an example the 9/11 Commission’s omission of the collapse of Building 7 from its final report, the Judge replied in puzzlement, “Building what?”

When asked by the Judge whether or not there has been an investigation into 9/11 by New York City authorities, Steve Kitzinger, the City’s lawyer, replied, “It’s irrelevant”, to which the packed courtroom was loudly disdainful, some openly laughing in disbelief. At which point Mr. Kitzinger prevailed upon Judge Lehner to quiet the crowd, which the Judge did.

With order restored, the Judge again asked Kitzinger if the City had done anything to investigate 9/11. Kitzinger flatly responded, “No.”

“The City never did anything?” retorted the Judge in disbelief. Nothing, Kitzinger admitted.

As part of his unrelenting attack on the NYC CAN petition, Kitzinger repeatedly alluded to the proposed commission’s intention to investigate national security matters beyond its jurisdiction such as “intelligence failures”. A simple reading of the petition shows such assertions to be completely unfounded.

Later, Judge Lehner seemed unimpressed by Kitzinger’s argument pertaining to the limited jurisdiction of New York City to investigate 9/11, on the grounds of inherent limits to a municipality’s subpoena power. “You can investigate anything, can’t you?” the Judge asked rhetorically. “Because somebody may have jurisdiction over certain witnesses doesn’t mean you can’t have a commission.”

On the complicated question of the commission being a privately funded entity but still having subpoena power granted under the auspices of New York City government, the Judge made comments that gave the Petitioners hope for a favorable ruling. “You want a law that says this private commission shall have the right to subpoena people?” To which McMahon assented. Offering similar examples, the Judge noted, “A private lawyer can issue subpoenas… a lawyer issues [subpoenas] in connection with an action [during] litigation in court.”

After the hearing, the consensus among NYC CAN members and supporters in attendance was that Judge Lehner is intrigued by the proposed referendum, and that he will give both sides’ arguments due consideration.

Near the end of the hearing, McMahon stated emphatically, “The citizens are desperate. We want to find out what really happened on 9/11.”

March For Answers 9/27/09
See The March

Daniel Sunjata's Rousing Speech


Thinkers think and talkers talk. Patriots ACT.

“The City never did anything?” retorted the Judge in disbelief.

That's good.

What a pity that nobody had pointed out that there was some sort of crimimal destroying of evidence BY the City and the FBI, clever handled, by not declaring it a crime scene and just letting removal works going.

"That DDC would be in charge of the construction response was never an official charge from Coles or Mayor Rudolph Giuliani. The city's Sanitation Dept. normally handles emergency debris removal, site officials say, and the Federal Emergency Management Agency and the U.S. Army Corps of Engineers were on their way, as was usual in disasters of this magnitude. "In early January, I realized that no one ever asked me to manage the effort at Ground Zero." Burton remembers. "I just did what I thought had to be done, and it just happened." Adds DDC Commissioner Kenneth Holden: "We were there, no one said ‘no,' so we went ahead."