CAUS COMMENTARY "Most folks would like to 'leave their mark' on the world; that is, to have some lasting effect on mankind. The important people have towns and freeways named after them, and a generation later no one can remember why. You are forced in history class to learn the facts about the world's heroes that bear little resemblance to their life. The only 'mark' you will leave on the world is to the extent to which you change the world's thinking. You will effect all of mankind throughout eternity to the degree you effectively influence its thinking by what you believe, and therefore teach." --Your Owner's Manual by Burt Hotchkiss CAUS in COURT During my twenty-five years as a criminal trial attorney in New York City, the hardest part of any trial was the waiting for a verdict while the jury was deliberating. The wait was usually measured in hours, sometimes in daysbut never in weeks. Waiting for Judge McNamee's decision reminds me of those days. Hopefully, the days do not turn into weeks. Judge McNamee has been presented, by the CAUS lawsuit, with an uncommon opportunity. Besides furthering the CAUS by allowing the continuation of the lawsuit and the possibility of learning about our triangular aerial friends, the Chief Judge of the U.S. District Court in Phoenix has the opportunity to create new legal precedent. A favorable decision for CAUS could also, depending on its scope, affect future Freedom of Information Act litigation by further defining the term "reasonable search" while redefining the "good faith" that is presumptively given government affidavits in Motions for Summary Judgment. It's pretty mind blowing to envision "Citizens Against UFO Secrecy v. Department of Defense" being cited by attorneys and judges in future FOIA litigation on the issue of what is, or is not, a "reasonable search." Usually, whenever a case is referred to in legal papers, the facts of the case are also cited to make the legal point. Thus, separate and aside from the results of the CAUS lawsuit for information on the V-shaped UFOs, the CAUS quest could be memorialized in legal jurisprudence for quite awhile. CAUS, sensing a receptive ear, provided Judge McNamee with the opportunity to set legal precedent without denying, at least for the present time, the government's request for dismissal of the lawsuit. At the end of my arguments in Court on the 7th, I suggested to the Judge that CAUS be allowed to assist the DoD in finding its own documents. I further suggested that this can be accomplished by postponing his decision on the government's Motion for 90 days and during that time allowing CAUS limited discovery. Limited discovery would allow CAUS to subpoena and depose under oath, DoD personnel involved in the search as well as those officials expected to have knowledge of the triangular craft. Of CAUS, if at the end of 90 days, I were no closer to locating the information within the DoD, the case would be dismissed. At the time of my request, I noticed the Judge taking notes and hopefully, I was able to convince him that this alternative was a practical solution to an actual controversy. The Judge could also deny CAUS limited discovery but grant my request to see the e-mails that were sent to each of the 200 employees of DARPA as well as the responses that allegedly indicated that no responsive records were found. Or he could direct the DoD to provide CAUS with the specifics of its search of the Joint Chiefs of Staff and the Defense Space & Operations Division. Or he could grant a combination of the above or something not even considered in this commentary. And then again, Judge McNamee could grant the government's request and dismiss the lawsuit stating that even though CAUS did raise serious concerns about the Department of Defense's search, those concerns did not reach the level necessary to defeat the Motion for Summary Judgment. Somehow I do not believe the good Judge will allow this opportunity to slip away. The CAUS case cries out for new law or at least a new interpretation of old law. At a MUFON meeting last evening, a court stenographer who at one time was assigned to Judge McNamee's courtroom, told me that the Judge is anything but a "rubber stamp" for government action and, in fact, takes a cynical view of some of its pronouncements. Even if the Judge dismisses the lawsuit, the media attention as well as the overwhelming support, has taken CAUS to a new level of acknowledgement and accomplishment while furthering its principles and objectives of using the legal system to learn the truth about our interaction with another intelligence. And if Judge McNamee decides in favor of CAUS, well then just use your imaginationbecause you can be assured that I will be using mine! No matter the outcome it has been a very enjoyable and successful journey. Hopefully the best is yet to come. Peter A. Gersten Director +------------------------------------------------------------ + To LEAVE this list send a message to: [EMAIL PROTECTED] + In the BODY of your message type in: UNSUBSCRIBE CAUS-L +------------------------------------------------------------ + Citizens Against UFO Secrecy HTTP://www.caus.org + 8624 E. San Bruno Drive EMail: [EMAIL PROTECTED] + Scottsdale AZ 85248 Phone/Fax: (480)609-9120 +------------------------------------------------------------
CAUS COMMENTARY "Most folks would like to 'leave their mark' on the world; that is, to have some lasting effect on mankind. The important people have towns and freeways named after them, and a generation later no one can remember why. You are forced in history class to learn the facts about the world's heroes that bear little resemblance to their life. The only 'mark' you will leave on the world is to the extent to which you change the world's thinking. You will effect all of mankind throughout eternity to the degree you effectively influence its thinking by what you believe, and therefore teach." --Your Owner's Manual by Burt Hotchkiss CAUS in COURT During my twenty-five years as a criminal trial attorney in New York City, the hardest part of any trial was the waiting for a verdict while the jury was deliberating. The wait was usually measured in hours, sometimes in days…but never in weeks. Waiting for Judge McNamee's decision reminds me of those days. Hopefully, the days do not turn into weeks. Judge McNamee has been presented, by the CAUS lawsuit, with an uncommon opportunity. Besides furthering the CAUS by allowing the continuation of the lawsuit and the possibility of learning about our triangular aerial friends, the Chief Judge of the U.S. District Court in Phoenix has the opportunity to create new legal precedent. A favorable decision for CAUS could also, depending on its scope, affect future Freedom of Information Act litigation by further defining the term "reasonable search" while redefining the "good faith" that is presumptively given government affidavits in Motions for Summary Judgment. It's pretty mind blowing to envision "Citizens Against UFO Secrecy v. Department of Defense" being cited by attorneys and judges in future FOIA litigation on the issue of what is, or is not, a "reasonable search." Usually, whenever a case is referred to in legal papers, the facts of the case are also cited to make the legal point. Thus, separate and aside from the results of the CAUS lawsuit for information on the V-shaped UFOs, the CAUS quest could be memorialized in legal jurisprudence for quite awhile. CAUS, sensing a receptive ear, provided Judge McNamee with the opportunity to set legal precedent without denying, at least for the present time, the government's request for dismissal of the lawsuit. At the end of my arguments in Court on the 7th, I suggested to the Judge that CAUS be allowed to assist the DoD in finding its own documents. I further suggested that this can be accomplished by postponing his decision on the government's Motion for 90 days and during that time allowing CAUS limited discovery. Limited discovery would allow CAUS to subpoena and depose under oath, DoD personnel involved in the search as well as those officials expected to have knowledge of the triangular craft. Of CAUS, if at the end of 90 days, I were no closer to locating the information within the DoD, the case would be dismissed. At the time of my request, I noticed the Judge taking notes and hopefully, I was able to convince him that this alternative was a practical solution to an actual controversy. The Judge could also deny CAUS limited discovery but grant my request to see the e-mails that were sent to each of the 200 employees of DARPA as well as the responses that allegedly indicated that no responsive records were found. Or he could direct the DoD to provide CAUS with the specifics of its search of the Joint Chiefs of Staff and the Defense Space & Operations Division. Or he could grant a combination of the above or something not even considered in this commentary. And then again, Judge McNamee could grant the government's request and dismiss the lawsuit stating that even though CAUS did raise serious concerns about the Department of Defense's search, those concerns did not reach the level necessary to defeat the Motion for Summary Judgment. Somehow I do not believe the good Judge will allow this opportunity to slip away. The CAUS case cries out for new law or at least a new interpretation of old law. At a MUFON meeting last evening, a court stenographer who at one time was assigned to Judge McNamee's courtroom, told me that the Judge is anything but a "rubber stamp" for government action and, in fact, takes a cynical view of some of its pronouncements. Even if the Judge dismisses the lawsuit, the media attention as well as the overwhelming support, has taken CAUS to a new level of acknowledgement and accomplishment while furthering its principles and objectives of using the legal system to learn the truth about our interaction with another intelligence. And if Judge McNamee decides in favor of CAUS, well then just use your imagination…because you can be assured that I will be using mine! No matter the outcome it has been a very enjoyable and successful journey. Hopefully the best is yet to come. Peter A. Gersten Director +------------------------------------------------------------ + To LEAVE this list send a message to: [EMAIL PROTECTED] + In the BODY of your message type in: UNSUBSCRIBE CAUS-L +------------------------------------------------------------ + Citizens Against UFO Secrecy HTTP://www.caus.org + 8624 E. San Bruno Drive EMail: [EMAIL PROTECTED] + Scottsdale AZ 85248 Phone/Fax: (480)609-9120 +------------------------------------------------------------
