Tuesday 6/9/98 4:29 PM John Young J Orlin Grabbe Attached is FILED UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO 98 JUN-9 PM 3:13 Robert M. March Clerk, ALBUQUERQUE NOTICE OF APPEAL. Morales will sign and I will file our joint appeal tomorrow. Morales showed me an e-mail he received from Gilmore http://www.cygnus.com/~gnu/. Gilmore apparently is not interested in pursuing a joint NSA fee waiver lawsuit. The public CAN UNDERSTAND a federal agency squandering their tax dollars on a project which did not work out for the government. Public key chips. Likewise, the public can understand how the government killed Iranians. http://jya.com/whpfiles.htm I conducted a survey on NON-TECHNICAL people to see if they understood what the government did to Iran. Everyone I talked to understood. Trying to get much subtler with crypto with the public or even judges might not work. Judges or the public might give the government the benefit of the doubt on the NATIONAL SECURITY/SECRECY issue. We will see about this. National Security Agency Court Cases May 27, 1998 http://www.jya.com/nsa-cases.htm Later bill 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 ) NOTICE OF APPEAL from Santiago E. Campos MEMORANDUM OPINION AND ORDER FILED May 21, 1988 11:35 1 COMES NOW plaintiff Payne [Plaintiff] to exercise his rights under the Federal Rules of Appellate Procedure http://www.ca5.uscourts.gov/docs/frap-iop.htm FRAP 4. APPEAL AS OF RIGHT--WHEN TAKEN http://www.ca5.uscourts.gov/docs/frap-iop.htm#4 a) Appeal in a Civil Case. (1) Except as provided in paragraph (a)(4) of this Rule, in a civil case in which an appeal is permitted by law as of right from a district court to a court of appeals the notice of appeal required by Rule 3 must be filed with the clerk of the district court within 30 days after the date of entry of the judgment or order appealed from; but if the United States or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry. If a notice of appeal is mistakenly filed in the court of appeals, the clerk of the court of appeals shall note thereon the date when the clerk received the notice and send it to the clerk of the district court and the notice will be treated as filed in the district court on the date so noted. 2 Defendant NSA is an agency of the United States. 3 Plaintiff appeals NOW, THEREFORE, IT IS ORDERED that Plaintiff's Motion to Amend should be, and is hereby, DENIED. seen at http://jya.com/whp052198.htm to the Tenth Circuit Court of Appeals. 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 9, 1998. 2