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UFO RESOURCE CENTER

CAUS vs DoD

By Christopher Montgomery


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THE UFO RESOURCE CENTER offers complete coverage on the Court battle between the Citizens Against UFO Secrecy (CAUS) and the Department of Defence (DoD. We feature these news posts in chronological order, listed in a bulleted list, in order from the oldest to the latest posts that we have received from our world wide newsgroups.

UFORCE thanks CAUS lawyer Peter Gersten (UFOLAWYER1@aol.com)for this CAUS update


 Delivered-To: uforc@wa.freei.net
 From: UFOLAWYER1@aol.com
 Date: Sat, 8 Apr 2000 10:42:08 EDT
 Subject: CAUS ANNOUNCEMENTS: April 8, 2000
 
<=======================caus======================>
"I once read a book about anti-gravity. I just couldn't put it down."
<=======================caus======================>


CAUS in COURT

1) A CAUS Appeal

CAUS has decided to go forward with an appeal of Judge McNamee's decision...provided it can raise $10,000 by May 15th. CAUS believes the Judge's statement that "by including extra search terms in the computer index query and by excluding the specific eyewitness accounts, sketches, and time and place restrictions in the electronic mail message, Defendant has broadened the parameters of its search," is a legitimate appealable issue. CAUS believes Judge McNamee abused his discretion by 1) drawing the conclusion the additional keywords broadened the parameters of the computerized search and 2) concluding that the eyewitness accounts, sketches, times and places, if included in the electronic mail messages, would have limited the DoD's search, since neither conclusion is supported by DoD affidavits. No where in the "record" is there any indication of the search techniques used in the computerized search or the logic in not supplying all the information to DARPA employees. 2) New FOIA Request To save time, on Thursday, April 6th, I called the General Counsel's Office for both DARPA and the Joint Staff to inquire about obtaining any of the responses to the e-mail sent to the 200 DARPA employees and the results of the computerized search of the JCS with the keywords. Though neither attorney was available, I left a message and was assured that I would be receiving a call back. Needless to say, I have not received any calls from the DoD. Thus I will now go through the formal procedure of a new FOIA request for these responses, the search techniques used, information about the Defense and Space Operation Division, and of CAUS, DoD's case file on the CAUS request. (Reference #1).



<=======================caus======================>


THE UFO RESOURCE CENTER thanks the Paranormal News group (P3N) for their coverage of the CAUS battle in Court.

 Delivered-To: uforc@wa.freei.net
 From: ParaNormlNews@aol.com
 Date: Sun, 9 Apr 2000 19:30:29 EDT
 Subject: P3N NEWs FLASH: CAUS SEEKs to APPEAL JUDGE's DECISION
 To: CAUS-L@caus.org
 

 "Don't be a marshmallow. Walk the street with us into history. 
 Get off the sidewalk. Stop being vegetables. Work for Justice. 
 Viva the boycott!" --Dolores Huerta (1930-____) US Chicana activist, labor 
 leader!
<=============================================>
P3N SPECIAL REPORT: CAUS LOOKs to APPEAL JUDGE's RULING
<=============================================>
Contents: 1) Judge McNamee's Decision Now Posted 2) CAUS Finds Reason to Appeal 3) CAUS Needs to Raise $10,000 by May 30th 4) WWUFORC Pledges to Match CAUS Appeal Fund 5) CAUS Member Offers Support <=============================================> JUDGE McNAMEE's RULING: Now on CAUS Web Site: http://caus.org/home.html <=============================================> CAUS FINDs REASON to APPEAL: Viva the Appeal! CAUS believes the Judge's statement that "by including extra search terms in the computer index query and by excluding the specific eyewitness accounts, sketches, and time and place restrictions in the electronic mail message, Defendant has broadened the parameters of its search," is a legitimate appealable issue. CAUS believes Judge McNamee abused his discretion by 1) drawing the conclusion the additional keywords broadened the parameters of the computerized search and 2) concluding that the eyewitness accounts, sketches, times and places, if included in the electronic mail messages, would have limited the DoD's search, since neither conclusion is supported by DoD affidavits. No where in the "record" is there any indication of the search techniques used in the computerized search or the logic in not supplying all the information to DARPA employees. <=============================================> CAUS HAS UNTIL MAY 30th to RAISE $10,000: CAUS has decided to go forward with an appeal of Judge McNamee's decision...provided it can raise $10,000 by the May 30th filing deadline. CAUS will not give up. CAUS v. DoD has lasted longer than any other UFO/FOIA case. After all these months, there is no reason to stop now and a good reason to continue. The Judge's conclusion that the added search terms and the elimination of certain descriptions by the DoD, in effect, expanded the search parameters, is NOT supported in the record. Prying UFO information out of the government's clenched fist is almost impossible unless you have the right tools...the right legal tools. CAUS is that legal tool, that cold hard unbendable legal crowbar. But legal tools have it's costs...especially federal appeals. CAUS has esytablished an Emergency Appeal Fund. The filing deadline is May 30th. CAUS cannot appeal without your support. CAUS has yet another opportunity to argue against government secrecy and for our right to know the truth, in open court. This time, before three Judges at the United States Court of Appeals in San Francisco...three men in black robes. That alone should be incentive to send in your contribution. CAUS is ready to fight...to continue in court...but it needs your help. We must continue to capture national attention. As soon as you can, send CAUS (at the address listed below) your support contributions $5 $50 $100...+ Remember, the filing deadline is May 30th. <=============================================> WWUFORC To MATCH FUNDS for CAUS APPEAL: The World Wide UFO Reporting Center has offered to donate partially matching funds for every dollar donated to CAUS for its upcoming appeal of the federal court's recent decision in Citizens Against UFO Secrecy (CAUS) v. Department of Defense (DoD). Because we believe the Judge's finding was improper and unjust we are hoping to assist the efforts of CAUS in appealing the case. Besides offering to pay the filing fees, additionally, for every dollar donated to CAUS for the appeals process, an additional 5% will be donated by the World Wide UFO Reporting Center. WWUFORC is a free to join, internet based UFO research and reporting center which can be found at www.ufosightings.net <=============================================> MEMBER SUPPORT for APPEAL: From: David and Linda Z. Atlanta, GA. "You could call us ex-hippies in our middle class fifties. We grew up believing in a proverbial good, well intentioned government. We still hold this belief but we do feel there are individuals in the government who should be taken out and shot...specifically the ones who decide we can't accept shocking information without us making in our pants. We don't know if there is contact. We do know there is a broad cover-upof somthing. It's beyond obvious. Only an experienced prosecutor/lawyer can get to and pry open and peer into this governments legal engine...& I only know one smart lawyer who has the history of dedication to pry open this government avowed UFO Pandoras Box...that's why we are contributing $50 for the CAUS appeal." <=============================================> © Copyright 2000 ParaNorml News Network. P3N is a registered service mark of the ParaNorml News Network. All Rights Reserved.(Reference #2)
THE UFO RESOURCE CENTER asks that you give CAUS your full financial support at this crucial juncture in this battle against government secrecy and UFOs.
 
 Return-Path: 
 Delivered-To: uforc@wa.freei.net
 Date: Sun, 16 Apr 2000 01:04:18 EDT
 Subject: CAUS COMMENTARY: Pro Bono

 CAUS COMMENTARY: Pro Bono

 Today I received the following e-mail from a concerned member:

 "I would like to contribute some money to the cause (no pun intended), but 
 I need to know why you need $10,000.  It seems like an awful lot of money, 
 especially since I'm under the assumption that your legal representation of 
 CAUS is pro bono.  I know there are costs such as filing fees, photocopying, 
 transcription of depositions, etc., but I just can't seem to wrap that 
 around a number like $10,000.

 I'm sure I'm not the only person who has this question, and I have a 
 feeling that your contribution rate has been so pitiful because those who do 
 have questions won't just ask for clarification (like I am now.)  Could you 
 please provide a breakdown of your projected costs for the appeal?"
 --Jennelle Mihalovits

 Well Jennelle, its pretty simple.  I run CAUS 7 days a week and at least 10 
 hours a day...pro bono. I prepare, research, file, and argue CAUS 
 lawsuits...pro bono.  I send out daily CAUS e-mails...pro bono. I post 3 
 articles a day on the CAUS web site...pro bono.  But I refuse to do appeals 
 pro bono.  I believe that expense, including a legal fee, should be 
 exclusively funded by others who also believe, as I do...in learning the 
 truth. And I suggest that anyone who feels the $10,000 amount, including all 
 expenses, is excessive, should call a few attorneys in his/her area and see 
 what the going rate for a federal appeal is. I have no 'need' to file this 
 appeal.  Actually, maybe I should be devoting more time in pusuing non-UFO 
 clients instead of CAUS. NOT!

 Since January, 1998 when I resurrected CAUS, there have been about 500 people 
 who have contributed their time, talent and money to help me in my mission to 
 end the secrecy surrounding our contact with a non-human intelligence. 
 Unfortunately, that figure is less than 5% of the total CAUS membership 
 during that same period. The vast majority of the CAUS membership has not 
 supported the gift shop...maybe they are ashamed to wear a CAUS T-shirt or 
 fear ridicule in displaying a CAUS bumper sticker.  The "Dollar-a-Month Club" 
 was an idea whose time never did come....except for a few loyal supporters. 
 The Court Transcript would be, I thought, the perfect way for members to 
 support a principle they believed in, while possessing a legal artifact of 
 the organization that represented that principle. It was also part of 
 ufological history. Only 27 people purchased the transcript. But then again, 
 I guess I should have simply distribtuted them...pro bono.

 I also received this e-mail today:
  
 "Dear Friends/Relatives,

 I feel compelled to communicate with you regarding this (CAUS) request for 
 help. This is a very worthy consideration and as we all know (unfortunately) 
 legal processes in this country ALWAYS have a price tag attached! I believe 
 the CAUS goal to be obtainable and we American citizens must indicate (in all 
 ways possible) that we're fed up to the gills with a half century of secrecy 
 and denial. Whether the UFO/Alien phenomenon turns out to be of a 
 tangible/mundane nature or of a spiritual nature, I believe it behooves us to 
 strive for total disclosure. 

 I have helped Peter Gersten (CAUS) in the past and I ask that you strongly 
 consider doing the same.

 'For the want of a nail the shoe was lost,' etc., etc., etc."
 --Don Hirth

 And this one:

 "I sent via mail today a check for $100 for the CAUSe. I'm not certain the 9th
 Circuit will make the landmark decision many of us hope, but a mere $10,000 
 is a small price to pay to keep up the pressure. On the other hand, if the 9th 
 upholds McNamee's decision, remember that it's the most overturned federal appeals 
 court in the country! Perhaps the radio show circuit and publicity will help reach 
 the May goal." --Sally J.S., Alaska

 Well, folks...there you have it.  If you want me to do the appeal...then you 
 will have to help me raise that amount.  No pro bono on this one.  I would 
 love to argue before the three black-robed judges in San Francisco with all 
 of you there...but I am sure I can find something else to do that is more 
 agreeable to the other 95% of CAUS who prefer that I do it...pro bono.

 And for all those 18 people who have supported the appeal so far...thanks.

 Peter A. Gersten
 Director (Reference #1, OpCit)
AS YOU CAN SEE, CAUS has its detractors. People are listening; but are they willing to support our efforrts to protect the world from UFO Secrecty. ARE YOU tired of being spoon fed the "same old baloney" day after day? Join the Force! UFORCE!

We now turn to the following news post, received at the UFO Resource Center:
 Delivered-To: uforc@wa.freei.net
 From: UFOLAWYER1@aol.com
 Date: Sun, 16 Apr 2000 23:11:11 EDT
 Subject: CAUS COMMENTARY: Members Respond to Pro Bono
 

 CAUS COMMENTARY: MEMBERs RESPOND to Pro Bono

 Some CAUS members bring out the best in me..or the worst.  Maybe I am just 
 warming up for the U.S. Court of Appeals.  The Universe acts in strange ways. 
  
 Below are a few of the e-mails I received in response to my "Pro bono" 
 commentary. Following each e-mail is my response.  If any of my responses offend any of 
 you, so be it.  I do not do what I do to win friends and influence people.  I 
 do it to learn the truth and end the secrecy...whether CAUS members support 
 me or not.  No Judge has ever complained about my "attitude" in Court. No 
 other lawyer does what I do. I wonder why? If you want pleasantries...watch 
 Mr. Rogers. And now the e-mails:

 In a message dated 04/16/2000 6:38:01 AM US Mountain Standard Time, J.C. 
 writes: "I have another reason why people are not contributing to the $10,000 
 appeals process.  Perhaps they think, including myself, that it is a waste of 
 time and money."

 CAUS: That's kewl...but the question is whether you support my judgment and 
 desire to file the appeal.  If you do not, then I ask that you unsubscribe 
 from the CAUS mailing list and not take advantage of the information on the 
 CAUS web site.  I do not do what I do to entertain people, I do it to learn 
 the truth.  And if my own members will not support my judgment, then all I 
 ask is for them not to be hypocritical and use the efforts of my labors. I am 
 not asking for much....considering what I give in return. 

 In a message dated 04/16/2000 7:15:00 AM US Mountain Standard Time, J.S. 
 writes: "But whatever it takes to get the issue in the face of apathy is a reward in 
 itself, is warranted.  And that we have an advocate of your skill and 
 motivation is not only lucky for people of our like attitudes, it is good for 
 humanity at large."

 CAUS: Exactly the point.  If we can get the Court of Appeals to remand the 
 case back to the District Court for further clarification of the search 
 parameters, we have achieved another victory...even if we do not get any 
 information.  The idea is to get the attention of the national media and 
 thereby the public at large.  And can you imagine the coverage at the U.S. 
 Court of Appeals. We must exhaust all our legal remedies but we can justify 
 any future, non-judicial,  CAUS of action.  

 In a message dated 04/16/2000 1:13:46 PM US Mountain Standard Time, 
 D.T.writes: "This isn't intended as a criticism of you at all.  I hope you'll find this 
 helpful.  I think, like many others, I was thinking about sending in a modest 
 amount, but was turned off by the negative tone of the last few messages."

 CAUS: Why is it that it always the people that are "thinking" of donating 
 that are turned off by my attitude? I bet about 8000 of the CAUS members 
 "think" about donating.  How come no one objects to my attitude when I file a 
 lawsuit or argue in Court or on receipt of the free e-mails or when they go 
 to the CAUS web site.  Maybe I have this attitude beCAUS less than 5% of my 
 members support the CAUS.  Maybe I have this attitude beCAUS it keeps me 
 going after 25 years of frustration.  With that said, I do appreciate all 
 your suggestions.  But since I am only one person I do not have time to put 
 together a successful fundraising campaign.  So I do what I do and say what I 
 say.  What you see is what you get. But I will "think" about softening my 
 attitude.

 In a message dated 04/16/2000 10:41:14 AM US Mountain Standard Time, G.M. 
 writes: "I've snail mailed $50.00 to you the first time I read your appeal 
 (pun intended) for funds for the appeal.  You should be getting that check by 
 Monday the latest. I do understand Jannelle's question as most people don't 
 know what you go through.  Your response should surely awaken many people and 
 open their eyes. I too am surprised at the low amount collected thus far but 
 hopefully that will increase exponentially as the days go by.  I certainly 
 feel that you should be compensated for the time you put into fighting for a 
 caus that involves all of humanity not just those of us in the good old USA. 
 Please keep up the good work in exposing as much information about UFO's as 
 you can.  Keep up the good work caus we need you."

 CAUS: Thanks George. It's ironic that if each person who receives the FREE 
 CAUS  e-mails sent in $1, I wouldn't need to resort to "begging" as one reader 
 called it and then scolded me for it.
  
 And now my favorite e-mail of all time.  There is simply not enough money to 
 pay me for dealing with people like this:

 In a message dated 04/15/2000 8:48:03 PM US Mountain Standard Time, D.K. 
 writes: "Its time to stop this.  If you continue to pursue wasting taxpayers 
 money on having to defend frivilous lawsuits, I will seriously consider 
 filing a class action lawsuit against you.  I am tired of crackpots such as 
 yourself wasting the limited resources of our government institutions.  They 
 have more important things to do than having to put up with lunatics.  These 
 public disclosure lawsuits cost us taxpayers incredible amounts of money. 
 Frankly, I believe that my hard earned tax dollars have better things to do 
 than to pay to defend against your idiot lawsuits.  Please stop this or you 
 will find yourself the subject of litigation."

 I hope everyone had a wonderful weekend.

 Peter A. Gersten
 Director (Reference #1 IBID)

THIS ISSUE WILL NOT be resolved until the United States Government stops their campaign of dis-information, distortions and UFO cover-ups (read as="lies"). We are tired of it, this MUST STOP! It is time for the people of America to write their congressmen and senators, asking them to investigate the government conspiracy to hide the truth about the UFO enigma. THE TRUTH IS IN HERE!

In an email we received from CAUS dated 22 April, 2000; Peter states that the CAUS has filed another request for documents. In his email entitled "CAUS ANNOUNCEMENTS: Commentary; FOIA; ETH & Reality Check," he details the general apathy towards his appeal for funding and support. The following information was included in that e-mail:

NEW FOIA REQUEST SUBMITTED

 On Friday, April 21st, CAUS filed a new FOIA request with the Department of 
 Defense for follow-up information on the lawsuit against the DoD.

Check out the CAUS web site and see what they stand for. Your support goes towards a worthy effort, to stop government secrecty concerning UFOs. Let's give them our full support!

_____________________________

REFERENCES: 
REFERENCE #1: Citizens Against UFO Secrecy; http://www.caus.org; 8624 E. San Bruno Drive EMail: caus@caus.org Scottsdale AZ 85248; Phone/Fax: (480)609-9120


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