Saturday 1/17/98 3:37 PM John Young Attached is our REPLY to MitchellÂ’s RESPONSE. Morales will have it filed on Tuesday. Monday is MLK day. Morales will send a FILED stamped copy to you. Later bill UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO William H. Payne ) Arthur R. Morales ) ) Plaintiffs, ) ) v ) CIV NO 97 0266 ) SC/DJS ) Lieutenant General Kenneth A. Minihan, USAF ) Director, National Security Agency ) National Security Agency ) ) Defendant ) REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BASED ON EVIDENCE FROM ADMISSIONS 1 COMES NOW plaintiffs Payne [Payne] and Morales [Morales] [Plaintiffs], pro se litigants to exercise their rights guaranteed under the Constitution, Rules of Civil Procedure, and Local Civil Rules to respond to Defendant's MOTION filed on 98 JAN-5 within the 14 days allowed by local rule 7.3(b)(4). 2 US Attorney Mitchell [Mitchell] writes, Counsel for Defendant was not served with copies of any of said Requests for Admissions until sometime after the individuals had been served.2 Mitchell WAS SERVED PLAINTIFFS' FIRST SET OF REQUEST FOR ADMISSION TO NSA DIRECTOR KENNETH MINIHAN I HEREBY CERTIFY that a copy of the foregoing request for admissions was mailed to Jan Elizabeth Mitchell, Assistant US Attorney, 525 Silver SW, ABQ, NM 87102 this Monday November 3, 1997. Michell was not served with any other admissions since Mitchell is not representing others. Plaintiffs' served Defendant Minihan properly. And Minihan failed to respond to Minihan's admissions within the time allotted by law. 3 US Attorney Mitchell writes, As grounds for the Motion and Memorandum, Defendant argued that Plaintiffs had blatantly disregarded this Court's Order pertaining to the conduct of discovery and the deadline for discovery in this Freedom of Information Act action. Judges Svet and Campos willfully violated Plaintiffs' right to Discovery. And thereby earned criminal complaint affidavits filed with judge Scalia of the Supreme Court. 4 US Attorney Mitchell writes, In Defendant's Motion and Memorandum, Counsel for Defendant also objected to Plaintiffs' sua sponte decision to modify the Court's June 11 Order to reflect the delay of the Court's October 7 Order and the establishment, without leave of this Court, of new deadlines for discovery, motions practice, and the filing of the PreTrial Order. (Motion and Memorandum 9, at 4.) Judge Svet and Campos attempt to deny Plaintiffs' right to Discovery, again, earned Svet and Campos criminal complaint affidavits. Plaintiffs exercise their right under the Federal Rules of Civil Procedure and the Constitution to conduct Discovery WITHOUT LEAVE OF COURT! 5 US Attorney Mitchell writes, By their own request, Plaintiffs sought to stay a ruling on the Defendant's Motion and Memorandum. Absent any ruling on either the Motion and Memorandum or Plaintiffs' Response, Defendant Minihan, employees of NSA, and employees of Sandia National Laboratory, were not obligated to respond to the Requests for Admissions as provided by Fed.R.Civ.P. 36.3 For Plaintiffs to now assert in their "Motion for Summary Judgment On Based On Evidence From Admissions" that because the individuals have not responded to the Requests for Admissions they are deemed admitted, flies in the face of their own prayer to this Court to stay a ruling on the Defendant's Motion to strike the Requests for Admissions until the Supreme Court takes action. Plaintiffs' have REPEATEDLY asked judge Svet and Campos to disqualify themselves from any rulings on this case because Campos and Svet do NOT obey the Federal Rules of Civil Procedure. Replace judges Svet and Campos because these judges have demonstrated, IN WRITING, they do not follow the Federal Rules of Civil Procedure. Plaintiffs' pleas are directed a replacement judge[s]. Not Svet and Campos. Therefore, Svet and Campos' failure to remove themselves does not stop the legal process. Mitchell cites NO law to support her claim that time constraints imposed under Fed.R.Civ.P. 36.3 are inapplicable as a result of Svet's and Campos' failure to remove themselves. 6 US Attorney Mitchell writes, Defendant requests that this Court either rule upon Defendant's Motion and Memorandum granting the request to strike the Requests for Admissions, or grant Plaintiffs' request to stay this action pending the issuance of the order sought by Plaintiffs in another forum. Should this Court deny Defendant's Motion and Memorandum, Defendant respectfully requests that the individuals to whom Requests for Admissions are appropriate in this action be given the thirty days to respond to said admissions as provided by the Federal Rules of Civil Procedure. REPLACEMENT JUDGES of the Court should realize the outcome of the lawsuit has attained international interest as a result of the 1 bungled NSA spy sting on Iran 2 US government agencies NSA, NIST, and the FBI's attempt to control cryptography. Mitchell's DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BASED ON EVIDENCE FROM ADMISSIONS was posted on Internet at jya.com, click cryptome nsasuit8.htm USA/NSA Responds to Payne/Morales Motion January 16, 1998 Importance of this posting is summed-up in the Toronto Sun, Jan. 11, 1998 US, Iran Need Each Other by Eric Margolis Iran launched a surprise charm offensive last week, throwing Washington into serious confusion. In a lengthy interview on CNN, Iran's new president, Mohammad Khatami, skillfully analyzed the bitter relations between the two nations and cautiously extended an olive branch to Washington, calling for an end to their 19-year cold war. Khatami's diplomatic ju-jitsu flummoxed the Clinton administration, which was busy trying to rally international support against Tehran - and to overthrow Iran's elected government. Both capitals are split over the question of relations. In Washington, the military establishment and conservative Republicans have inflated Iran into a bogeyman to justify military budgets and keep U.S. forces in the Mideast. ... America incited Iraq to invade Iran in 1980. They did this to crush the Islamic revolution, then provided massive war aid to Saddam Hussein. Half a million Iranians died. The US got caught involved in genocide. Using high tech. This is one subject of this lawsuit. Albuquerque Journal Tuesday 1/13/98 carried the editorial. Khatami Move Is Profile in Courage Richard Reeves Syndicated Columnist LOS ANGELES - If an American leader had done what Iranian President Mohammed Khatami did last Wednesday, it would have been hailed as a profile in courage. ... Miscalculation! We armed and pampered Saddam Hussein in the hope that Iraq would destroy Iran. Now that's policy and behavior to think about. Here is something to think about: If Presidents Eisenhower and Kennedy had pursued any kind of sensible policy toward Cuba and Fidel Castro - opposed to the policy of trying to assassinate him - there never would have been a Cuban missile crisis. I think Iranians have financed and encouraged terrorism against the interests of the United States and Israel. I would not be surprised at all if something like proof emerges soon, perhaps anonymously, from the CIA and other government agencies, where many officials have built their careers on sanctioning and isolating Iran, to try to straighten the backbones of the president and people of the United States. If they succeed, America fails. What would be more effective in closing down Iranian terrorism? More hostility, sanctions and charges? Or beginning the process toward more normal relations with a country positioned and born to be great? ... Clearly genocide fits into Now that's policy and behavior to think about. The wired world is watching what this Court, hopefully minus judges Svet and Campos, will do. What is there to be? A series of possibly unfortunate events? Or does this Court order release the lawfully requested documents to help settle this American tragedy? WHEREFORE. 7 Have replacement judges of this Court DENY Mitchell's Plaintiffs requested a stay. Absent a ruling from this Court denying their request, they cannot proceed to assert that the Requests for Admissions are deemed admitted. Accordingly, Plaintiffs' "Motion For Summary Judgment On Based On Evidence From Admissions" must be denied. for reason that Mitchell's request to subvert both the Discovery processes and its time limits have no basis in law. And appears to plead to judges who do not obey the Federal Rules of Civil Procedure. 9 IMMEDIATELY ORDER Defendant to release the requested documents in the interest of national safety so that this matter can be settled. Aggrieved victims of US genocide are reading these pleadings. Respectfully submitted, _________________________ William H. Payne 13015 Calle de Sandias NE Albuquerque, NM 87111 _________________________ Arthur R. Morales 1024 Los Arboles NW Albuquerque, NM 87107 Pro se litigants 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 John J. Kelly, US Attorney, 525 Silver SW, ABQ, NM 87102 this Tuesday January 20, 1997. 5