UFO RESOURCE CENTER

UFORCE NEWS ARCHIVES: 1999
CAUS COURT ARCHIVES

CAUS vs DoD
Highlites of 7/14/99
THIS CAUS UPDATE...Posted 7/29/99

The Citizens Against UFO Secrecy battle on;
CAUS files "Writ of Mandamus" As CAUS Goes to COURT - July 24, 1999

CAUS v. DoD (Department of Defense)
The DoD files "Motion for Summary Judgement," in response to CAUS' "Motion for Limited Discovery." CAUS Responds with "Writ of Mandamus." Under U.S. Constitution.

On July 14, 1999, the US Attorneys Office, representing the DoD, submitted its Motion for Summary Judgment (Motion). This Motion asks the Court to dismiss the CAUS lawsuit because there is no "triable issue" since the DoD conducted a "reasonable search" for the information CAUS requested...and could not find anything.

According to affidavits submitted with the Motion, the Defense Advanced Research Projects Agency (DARPA) conducted "a thorough search" and that "each DARPA employee was contacted via e-mail to inquire if they had any knowledge of information responsive to the (CAUS) appeal. DARPA stated that no responsive records were located."

The Office of Joint Chiefs of Staff (OJCS) also submitted an affidavit stating "a search of the Joint Staff files disclosed no responsive records." The Motion concludes "the Department of Defense has searched all locations in which it reasonably believes responsive records would likely be found."

CAUS has 30 days to file its response in opposition to this Motion. Included in its response will be 32 affidavits from eyewitnesses swearing to the existence of this massive and silent triangular object that has the ability to hover, float and accelerate rapidly. It is inconceivable to CAUS that the DoD does not have information on this object...no matter what it's identity or origin. The DoD is obviously lying...a fact possibly more ominous than the existence of the object itself.

Based upon past experience, the Court almost always accepts the government's affidavits with a presumption of good faith, citing, coincidentally, Ground Saucer Watch, Inc. v. CIA. Thus, merely establishing the existence of the object, does not prove that the DOD has information about it and more importantly...that even it the DoD has information, that a "reasonable search" would uncover it.

Also the CAUS Motion for Limited Discovery (including the 7 Interrogatories and request to depose Davenport & Greer) has not yet been decided by the Court. As a matter of fact, the US Attorneys Office has yet to respond to it.

CAUS expects the DoD case to be dismissed by the Court based solely on the DoD's statements of finding no records. CAUS believes it has exhausted its opportunities with Freedom of Information Act (FOIA) cases due to the limited burden on the agencies of only needing to conduct a "reasonable search" for responsive records and the necessity of obtaining judicial consent prior to any routine "discovery." Thus the next CAUS lawsuit will not be under the FOIA, but under the U.S. Constitution.

CAUS v. U.S. Government; State of Arizona and Governor Jane Hull

Once CAUS has responded to the DoD's Motion for Summary Judgment (see above) it will file, in the U.S. District Court in Phoenix, this lawsuit in the form of a Writ of Mandamus...directing that the federal government protect Arizona against, what CAUS believes to be, a clandestine "invasion." Since this lawsuit does not come under the FOIA, CAUS will be able to conduct "discovery" (including depositions) without the necessity of court approval. CAUS has already sent letters to Governor Hull, Secretary Cohn and Attorney General Reno, "requesting" their attention and cooperation. None of the three had the courtesy of even a "form" response.

Peter Gersten offers his "CAUS Commentary:"

CAUS has exhausted its administrative remedies. CAUS is in the process of exhausting its judicial remedies. If and when this last lawsuit is dismissed, CAUS will have exhausted all reasonable judicial remedies. It will then be time to attempt any and all extrajudicial remedies. It will be time for CAUS to take a stand for what it believes to be the most important issue facing our lifeform...survival. An unknown intelligence is interacting with our species. There is evidence of a "threat." There is evidence of an "invasion." There is evidence of a "program of secrecy" surrounding this interaction. CAUS believes that it is time that we learned the truth...no matter what the cost. The truth is that important! The time is coming. Where will you be when the line is drawn? Do you have the courage and strength to stand behind your convictions? We will soon find out.
UFORC CASE No. CAUS#JUL2499N001-Court(NSIC)

CAUS STANDS ITS GROUND!

CAUS Draws The Line; An Editorial Commentary
by Christopher Montgomery, Director and founder of The UFO Resource Center.

I received the following E-mails from Citizens Against UFO Secrecy (CAUS). The three E-mails were commentaries; the documention of which involves an ongoing debate, which centers around several key issues facing CAUS at the present time. The purpose of CAUS most recent court encounters has primarily been to secure documentation involving UFO's and their occupants from the government through the Freedom Of Information Act. These issue has been championed by a dedicated Lawyer, who's the director of CAUS Peter Gersten Esq. This ongoing battle pits citizen rights against US Government need for secrecy surrounding these matters. It is our hope that The UFO Resource Center can help to provide quick, easy access to Congressmen and Senators. If you're reading this and you are a U.S. Citizen, you can CLICK HERE to access a web page that will allow you to send and E-mail to the elected, goverment official in your area. If every red-blooded American citizens in the United States would stand up for their rights and rally behind CAUS, then and only then can we obtain the truth about UFOs. It is this type of grass roots approach that would convince our leaders in the military, intelligence and government circles to divulge the UFO secrets. Many have speculated that the US Government has been hiding secrets about UFOs from the public. This classified information would include numerous UFO related documents, and the truth about Roswell an alledged aroyyo in New Mexico in 1947 to name a few. Other issues and opinions have been raised concerning the handling of any alien revelations that may leak forth. It's been every UFO researchers dream, to secure all of the documentation that the US government and its agencies have known for years...that UFOs are real, and they're intentionally witholding information about UFOs for reasons as yet unknown. If they were to release these documents, they would help to unravel one of the greatest mysteries of humankind, Could these final documents reveal the truth about UFOs and eliminate all doubts as to their purpose here on earth. If they did that, this would put the subject of UFOs to rest once and for all. As you can see, the citizens of this country deserve a little more consideration than their getting. We deserve better than that. For all that the CAUS has done through the FOIA, there is still a long way to go until this issue is finally resolved, once....and for all.

CAUS Draws The Line, PART I.
UFORC CASE No. CAUS#Jul2699C001-ETCH(NSIC).

UFORC thanks CAUS and Steve Goodier for this message:Abraham Lincoln often slipped out of the White House on Wednesday evenings to listen to the sermons of Dr. Phineas Gurley at New York Avenue Presbyterian Church. He generally preferred to come and go unnoticed, so when Dr. Gurley knew the president was coming, he left his study door open. On one of those occasions, the president quietly entered through a side door of the church, took his seat in the minister's study, located just off the sanctuary, and propped the door open just wide enough to hear the preacher. During the walk home one Wednesday evening, an aide asked Mr. Lincoln his appraisal of the sermon. The president thoughtfully replied, 'The content was excellent...he delivered with eloquence... he had put work into the message...'

'Then you thought it was an excellent sermon?' questioned the aide. 'No,' Lincoln answered. 'But you said that the content was excellent, it was delivered with eloquence and it showed much work,' the aide pressed. "That's true," Lincoln said. 'But Dr. Gurley forgot the most important ingredient. He forgot to ask us to do something great.'

There is nothing wrong with average lives and average accomplishments. Most of the good of the world is built on the accumulated efforts of everyday people. But, as Lincoln seemed to know, a life should strive for some greatness. Are you part of a relationship which, if given more effort, could be great? Do you volunteer for an organization which is truly doing something great? Have you joined a cause which is attempting something great? Or have you ever said to yourself concerning a beautiful dream, 'I could never do that,' while knowing that if you were to attempt it and succeed, you could accomplish something great?

Every life should strive for some greatness. Will you?"

Good question Steve! And I now ask you...the members of CAUS...are you ready, willing and able do something great...for the CAUS? Are you ready to do whatever is necessary to uncover the truth about what this intelligence is that is interacting with our species? Are you willing to do whatever is necessary to help end the secrecy surrounding the strange unknown aerial objects appearing in our skies and the unknown alien creatures appearing in our homes? Are you able to do whatever is necessary to expose the truth about what is collectively referred to as the "UFO phenomenon" and the implications of its presence for us as a life-form? Whales, seals, endangered species, pets and various other animals on this planet all have representatives of our species championing causes on their behalf. But the greatest CAUS of them all...exposing the actual presence of an alien life-form and the possible threat and invasion of our species by this unknown intelligence...goes unnoticed by the vast majority of our species. Our attention is being diverted to three-dimensional dramas while, behind the curtain, a secret agenda, possibly affecting the very existence of our species is being implemented...by something we have yet to acknowledge, let alone identify.

And for the sake of own preservation CAUS must assume there is a threat until we are proven wrong. Thus with this in mind...can anyone think of a CAUS more important than one which attempts to awaken its own species to a threat to its own survival? And are there any constraints or sacrifices a person, who believes in such a threat, would not do to achieve this focus? And what is a person, a group, an organization to do after it unsuccessfully exhausts all legal and socially approved channels to uncover the truth due, in combination, to the apparent noninterest of our elected representatives, the impotency of our judicial system, the lack of professionalism by the media and the tunnel vision of the scientific establishment? There is evidence...overwhelming evidence of an ongoing, systematic and clandestine invasion of our species by an unknown intelligence/life-form that is possibly a threat to our survival. CAUS believes this evidence must be given the time, attention and talent necessary to determine its implications as well as learning what this intelligence is and why it is here. And it must be given that attention very soon...if not immediately. CAUS wants to learn the truth...now. Fifty-three years is long enough to wait. This program of secrecy must end...not next year...but this year. Civil disobedience is part of our history, our heritage, our culture and now our destiny. Its fine to continue to watch the skies. Its fine to continue to collect sighting reports. Its fine to continue to attend UFO conferences and join UFO organizations. But in the humble opinion of CAUS...it is not fine to sit idly by while people continually report inhuman activity by nonhuman perpetrators...no matter how bizarre their reports might be. And its not fine to continually berate the "government" for their inaction when we are just as inactive in doing whatever is necessary in supporting our CAUS. Are you ready to do something great? Peter A. Gersten; Director

CAUS Draws The Line, PART II.
UFORC CASE No. CAUS#JUL2699C001-ETCH(NSIC)

UFORC thanks CAUS and Jennifer Jarvis, Director ORBWATCH, who writes: "Where do you get the information that this is a THREAT? What is your proof? Please share that with your mailing list. This "THREAT TO SURVIVAL" information. Please elucidate. YOU are assuming until proven otherwise that it is BAD? Is this an American thing? In Britain, we considered a person INNOCENT UNTIL PROVEN GUILTY. I am disappointed." Hmmm...what is my proof you ask. Well, let's start with eyewitness testimony. That alone is usually sufficient in any civil or criminal trial to obtain a judgment or verdict. How about a mere thousand witnesses for a start. Let's throw in some expert testimony. I know of at least three researchers who would qualify as experts in the alien abduction phenomenon under the Federal Rules of Evidence. Possibly another half dozen experts, at least, on the "futuristic" performance characteristics of the triangular craft. And what about those "implants?" They would be considered physical evidence and certainly admissible in any hearing or trial. Granted, the importance of which is left to the jury to decide. Now of CAUS, evidence of alien abductions, which by definition, include nonconsenual intrusions and violations of human rights, might not be considered a threat in England...but it definitely is a threat here. And I suggest that you would think differently if these same acts were committed upon you by human perpetrators. I believe your domicile's laws include protection from such heinous crimes. So I am a little perplexed by your rejection of the repeated accounts of our brothers and sisters who report similar conduct by non-human perpetrators. If these acts are occurring in any manner, then we better takes our heads out of the sand and consider it a threat. Isn't it better to be prepared than to be extinct? Similarly, the strange aerial objects that are continually seen in our skies need to be identified. Geometric shaped craft, orbs, spheres, rods, fireballs, and other UFOs are still being ignored and thus still remain unknown in both identification and purpose. I can think of no justification for this apparent lack of interest by our species in the mystery and opportunity that their presence presents. What has happened to our insatiable curiosity and lust to understand the unknown? We do not need to shoot first and ask questions later...but we definitely need to ask questions now. And of CAUS...obtain some answers. Truthful answers. There is evidence, in the form of eyewitness reports, photos, videos, artist renditions and sketches, of triangular craft that exhibit performance capabilities, that if ours, suggest another type of threat...but a threat just the same. Deception, secrecy and a "futuristic" technology are not the tools of a benevolent ruler. But I do not believe that all these geometric craft are our own. Some of us would like to fit every human square peg into every non-human round hole in their attempt to explain all UFOs, at least the triangular ones, as terrestrial. The evidence suggests the contrary. The evidence suggests craft that are both organic and inorganic and can transcend the confines of a three dimensional reality. So doesn't it make sense that in our encounter with this unknown life-form/intelligence, we take whatever steps are necessary to ensure our safety...if not survival? Isn't that the wiser path? The first step would be the awareness, as a species, of its presence. Until we are aware, we cannot prepare. I have always believed that if you keep your eyes open and ask the right questions, you can learn a lot about a person whom you meet for the first time. The signs are always there. And there are also signs in our interaction with whatever this intelligence is. Its characteristics are stealth, confusion, concealment and indifference. Its possible this intelligence has reason to be cautious in its relationship with our species. But on the other hand, our species, due to its apparent vulnerability, has more to fear from a life-form with a superior "technology" as our history has shown. There are things going on in our skies...in our homes....and to our physical, mental and emotional bodies that should be of primary concern to our species. The alien abduction phenomenon should be considered on, at least, the same level as a serious epidemic or plague. If a virus invaded our bodies, we would give it the necessary concern. The same type of attention is called for with alien abductions. It also appears that we are intentionally being diverted from this priority. Now why could this be? CAUS believes that we now need to find out. There is definitely a threat, possibly to our survival...according to some experts who have studied the eyewitness accounts. A threat that must be taken seriously. I leave you with the words of Frederick Douglass to consider until we meet again tomorrow to discuss them: "If there is no struggle, there is no progress. Those who profess to favor freedom and yet depreciate agitation are people who want crops without plowing up the ground. They want rain without thunder and lightning. That struggle might be a moral one; it might be a physical one; it might be both moral and physical, but it must be a struggle. Power concedes nothing without a demand. It never did and never will. People might not get all that they work for in this world, but they must certainly work for all they get."It is time for the warriors to step forward. Peter A. Gersten, Director. UFORC CASE No. CAUS#JUL2799C001ETCH (NSIC)

Part III of "CAUS Draws the Line."

UFORC thanks CAUS and Krsanna Duran, who writes: "Your various evidences and eyewitness testimonies are quite interesting and must certainly pertain to a portion of UFO experiences. However, are you guilty of determining guilt by association? How about the mountains of evidence showing benevolent action in UFO contacts? Or do you plan to ignore one portion of evidence to establish guilt by association with another portion?" Krsanna, I am not sure what your point is? There is no need to champion "ET Rights." Benevolent contact, no matter what the source, is not a threat to our safety or survival. As law enforcement agencies are not concerned with individuals who obey the law, CAUS is not concerned with any actions that are not in violation of our sovereignty. What CAUS is alarmed about is our lack of concern in the face of overwhelming evidence of continuous conduct that would be considered criminal if committed by members of our own species. CAUS is also concerned about the aerial objects that perform way beyond what we are told is present day development; that continue to remain unidentified; and which our own leaders tell us do not exist. Something is not right. How long can we ignore the signs? A a CAUS member recently stated, "The perception of threat is rational because of the manifestation of an unknown, uncontrollable, superior force as far as the general human population is concerned." Wake-up everybody! There is evidence of a threat to our safety and possibly to our survival by an unknown life-form/intelligence that is invading our reality. Further, there is evidence of a concerted and intentional strategy of deception, disinformation and secrecy surrounding this "clandestine invasion." Do not go back to sleep. CAUS has been following the prescribed legal avenues in an attempt to obtain information about this life-form/intelligence so as to alert the public to its presence and potential. But what if there comes a time when there are no longer any legally approved channels? What if the shroud of secrecy is so powerful that it is impervious to attack from anything considered "appropriate" within our society? What if only an unexpected and extraordinary strategy is required? How can CAUS, believing as it does in a "clear and present danger" to our species, limit itself in any manner, let alone, give up the fight? How can you? After working within the system for all these years and after exhausting all legally permissible methods without obtaining the necessary time, attention and talent, what is CAUS to do? Though CAUS still has one case pending and another yet to be filed, based upon recent court rulings, it is time to plan for that contingency. QUESTION: How can CAUS obtain the largest amount of attention in the shortest amount of time and hold on to it the longest? All suggestions are appreciated. Assume in your response that there are no conditions, restrictions nor limitations. So remember yesterday's message: "Power concedes nothing without a demand. It never did and never will." And please do not insult me by suggesting anything that involves our political system. I am looking for creative, innovative and viable suggestions. The greater the risk the greater the reward. Be bold! CAUS is seeking warriors...not wimps. A few wizards would be nice also."

UFORC thanks CAUS and Steve Goodier for: "What Would You Die For?"
An ancient story tells of two great warriors, Cyrus and Cagular. Cyrus, of course, was the noted emperor of Persia and Cagular was a little-known chieftain who consistently repelled Cyrus' attacks. Cagular's troops tore the Persian army apart time and time again as they resisted Cyrus' attempts to expand his southern border. Finally, Cyrus amassed his whole army, surrounded Cagular, captured him, and brought him to the capitol for trial and execution. On the day of the trial, Cagular and his family were brought to the judgment chamber. The chieftain, six feet tall with the appearance of a nobleman, faced the throne. Cyrus was duly impressed with Cagular. "What would you do should I spare your life?" the emperor asked. "Your majesty," replied the warrior, "If you spared my life, I would return home and remain your obedient servant as long as I live." "What would you do if I spared the life of your wife?" Cyrus questioned. "Your majesty, if you spared the life of my wife, I would die for you." So moved was Cyrus by his answer that he freed Cagular and his wife and appointed the chieftain to govern the southern province. On the trip home, Cagular enthused to his wife, "Did you notice the marble entrance to the palace? Did you see the corridor to the throne room? Did you see the chair on which he sat? It was made of one lump of solid gold!" His wife appreciated her husband's excitement, but admitted, "I really didn't notice any of that." "Well," Cagular asked in amazement, "What did you see?" She looked seriously into his eyes. "I beheld only the face of the man who said he would die for me."

"Do you know what you would die for? Loved ones? Your home? Your country? Your species? Your faith? A CAUS? A belief? An ideal? The truth? Determine what you would die for, and you have identified what you should LIVE for.

Now... what would happen if you actually LIVED for these things? If you gave them more time, more energy and more devotion? It may mean making some changes, such as taking time away from activities which are not on your list. It may mean saying NO to other commitments so you can say YES to that which is truly important.

LIVE for the few things you'd DIE for and you will actually live! And... you will know where happiness is found."Its time to live for the CAUS...at least it is for me.

UFORC thanks Peter A. Gersten, the Director of CAUS
and Krsanna Duran for their commentary on this issue. UFORC CASE No. CAUS#JUL2899N001-Court

CAUS IN COURT 7/5/99

The Citizens Against UFO Secrecy battle on;
FROM: "CAUS in court update 7/5/99.

The Citizens Against UFO Secrecy battle on; CAUS Update 7/29/99

U.F.O.R.C. just received this CAUS update regarding their recent motions that were filed in court on July 5, 1999. In an e-mail dated July 10, 1999, Peter Gursten, Esquire said:

1) CAUS v. Department of Defense On July 6th, CAUS filed its Motion for Limited Discovery. Below is the Memorandum of Law which accompanied the motion. The U.S. Attorney has ten days to respond. He can either consent, object or offer no opinion as to any or all of the CAUS request. The Court will then render its opinion either granting or denying the CAUS request in whole or in part. As indicated in the memorandum, the U.S. Attorney has until July 14th (unless he requests additional time) to file its Motion for Summary Judgment (Dismissal). Accompanying that motion will be sworn affidavits from the DoD as to the nature and extent of their search for the documents CAUS originally requeste d.(formatted for e-mail)UNITED STATES DISTRICT COURTTHE DISTRICT OF ARIZONACITIZENS AGAINST UFO SECRECY v. DEPARTMENT OF DEFENSE CIV-990108-PHX-SMM MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OFPLAINTIFF'S MOTION FOR LIMITED DISCOVERYThis is an action brought pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. �3552 to require the production of records to the plaintiff. POINT ONE: PLAINTIFF'S REQUEST FOR LIMITED DISCOVERYDefendant, through its counsel, has thirty (30) days from June 14, 1999 to submit a Motion for Summary Judgment. Plaintiff will then have an additiona l thirty (30) days to file its response (Local Rule 1.10 [l]1) Though Summary judgment is the procedural vehicle by which nearly all FOIA cases are resolved, See Public Employees for Envtl. Responsibility v. EPA, 978 F. Supp.955. 959 (D.Colo. 1997), it is usually when documents in issue already have been identified. See Cappabianca v. Commissioner, United States Custom Serv., 847 F.Supp. 1558, 1561 (M.D. Fla. 1994). And though there is authorit y that holds that "discovery in FOIA actions is extremely limited" Williams v. FBI, 1991 WL163757 (D.D.C. 1991) the ultimate decision as to whether plaintiff is entitled to discovery and the limitations of that discovery is left to the discretion of the Court. The defendant by letter dated February 23, 1999 notified the plaintiff that it had conducted a search for the information requested (large triangular aerial object with specific performance characteristics) but could not find any relevant documents (see Exhibit A). The plaintiff has obtained and continues to obtain affidavits from eyewitnesses who have sighted this craft (see for example Exhibit B). These affidavits will be part of plaintiff's response to defendant's Motion for Summary Judgment. Plaintiff will argue that if this craft can be proven to exist, then the defendant logically would have information about it, due to its unique appearance and advanced performance characteristics. Plaintiff will then contend the only reason the defendant has not found any relevant documents is due to the inability of the plaintiff to identify the particula r areas to be searched. Thus plaintiff, in order to assist defendant in both identifying the appropriate areas to be searched as well as providing plaintiff with the ability to intelligently respond to defendant's Motion for Summary Judgment, is requesting the following limited discovery:POINT TWO: INTERROGATORIES Plaintiff is requesting that it be allowed to serve seven (7) Interrogatorie s on the defendant. Three of the Interrogatories have two subparts (See Exhibit C).POINT THREE: DEPOSE NONPARTY WITNESS PETER A. DAVENPORT Plaintiff is requesting that it be allowed to subpoena and depose Peter A.Davenport, the director of the National UFO Reporting Center in Seattle, Washington. On information and belief, Mr. Davenport has stated that in April 1997, he met with two federal agents at their request. That he promised them he would not reveal their identities. That they told him the following:1) "the UFO phenomenon is undeniably real"2) "UFOs are what they appear to be, namely sophisticated craft under some kind of intelligent control" and 3) "their agency is concerned about them"Mr. Davenport has informed counsel for plaintiff that he would reveal their names if served with a subpoena and deposed.POINT FOUR: DEPOSE NONPARTY WITNESS DR. STEVEN GREER Plaintiff is requesting that it be allowed to subpoena and depose Dr. Steven Greer, the director of the Center for the Study of Extraterrestrial Intelligence. On information and belief Dr. Greer had publicly stated on several occasions that he has spoken to over one hundred (100) government an d military witnesses, many within the defendant's employ, who have confided that they possess information about top-secret government UFO programs and events. Dr. Greer has refused to cooperate with plaintiff's counsel in providing the names of these witnesses.POINT FIVE: CONCLUSIONBased upon the above, plaintiff has reasonable cause to believe these two nonparty witnesses have knowledge of the names of certain employees of the defendant who possess information that could help identify where, within the defendant, information about the this aerial object is located. Plaintiff believes its request for limited discovery will not incur any additional delay in these proceedings nor incur any additional time or expense on the part of the defendant. Plaintiff intends to videotape both depositions and provide defendant with a copy.Once the names of the federal agents are obtained, plaintiff intends to contact them to see if any will voluntarily cooperate. Plaintiff has no intention of deposing any of these persons. Based upon the foregoing, plaintiff requests that it be allowed limited discovery to wit: submission of the attached Interrogatories and/or deposing the two nonparty witnesses. Respectfully submitted this 6th day of July, 1999. Peter A. GerstenAttorney for Plaintiff2) CAUS v. U.S. Government, State of Arizona & Governor Jane HullThis CAUS lawsuit under Article IV; Section IV of the U.S. Constitution, is the first that does not involve the Freedom of Information Act (FOIA). It will be filed within two weeks in the United States District Court in Phoenix. There is no precedent for this type of case in our judicial system .. Interestingly, there is a prior case where both Arizona and California sued the federal government under this exact provision to force the feds to help them with their illegal alien problem Both cases were dismissed by the federal court on the grounds that this provision of the constitution require s an "armed hostility." No organization, to my knowledge, had filed suit against both a state and the federal government to enforce the contitutional provision after the state has refused. CAUS will argue that the right of the federal government to protect the states against invasion, is for the benefit of the citizens of that state an d thus the citizens of that state can bring the action when, after such a request by the citizens, the state refuses. The theory, though novel, is similar to the right of a shareholder to bring an action in the name of the corporation when the board of directors refuse on request to do so. CAUS will ask the Court to allow it to either present evidence of this "silent" invasion at a hearing or direct that the Justice Department (FBI) and the Department of Defense (DIA) appoint a special joint committee to conduct an open investigation into the evidence that CAUS submits. Since this case does not involve the FOIA, CAUS can conduct Discovery including Depositions, Interrogatories & Requests for Production of Documents, without the consent of the Court. Thus, if the Court in the DoD lawsuit refuses to allow CAUS to subpoena either Davenport or Greer, CAUS will still be able to obtain the information from the two individuals in thi s lawsuit against Arizona without the need of asking the Court. There are at least five other individuals CAUS is planning on deposing within the context of this lawsuit.

This was the CAUS plan of action UFORC had received via e-mail on July 3, 1999: [Standby for breaking news...]
UFORC CASE No. CAUS#JUL399N001-2COURT

1.) CAUS v. Department of Defense; On Monday, July 5th CAUS will be filing its "Motion for Limited Discovery" in which CAUS is requesting that it be allowed to submit seven Interrogatories (questions) and depose Dr. Steven Greer and Peter Davenport. CAUS will post the Motion and Interrogatories next Saturday.

2.) CAUS v. U.S. Government & State of Arizona. This will be the first CAUS non-FOIA lawsuit and thus will not be restricted by the limited discovery opportunities of FOIA actions. This lawsuit is based upon Article IV; Section IV of the U.S. Constitution which requires the federal government to protect the states against invasion. CAUS believes the alien abduction phenomenon as well as certain UFO events (Phoenix Lights) constitute an invasion. CAUS has previously sent letters to the governor of Arizona, Secretary of Defense and Attorney General about its concern but has received no response from any of the respective parties. CAUS fully intends to exhaust its administrative and judicial remedies before it considers any extrajudicial methods. Its time to wake the town and tell the People...by whatever means necessary.(CAUS Announcements SATURDAY JULY 3, 1999 UFORC CASE No. CAUS#JUL399N001-2COURT)

CAUS GOES TO COURT 6/14/99

I received this email from the Citizens Against UFO Secrecy:

Dear CAUS Members:The CAUS Announcements this week include the FBI reply to the CAUS appeal; *snip* AFFIDAVITS NEEDED. Since the institutions we have voluntarily relinquished our power to (government & military) have denied possessing any information about the Flying Triangles and the Alien Abductions, CAUS must now establish, to a judge's satisfaction in its pending and contemplated lawsuits, that both phenomenon are existing in our reality. In order to prove this I need evidence...eyewitness testimony, photos, videos and any other relevant evidence. Initially, eyewitness testimony need be in the form of an affidavit. The affidavit form and instructions are on the CAUS website. CAUS can also mail an affidavit to anyone who does not have access to the affidavit on the CAUS website. If you have been abducted or have seen the triangular shaped UFO or something similar (or if in Arizona or Montana any experience or sighting) please send CAUS your affidavit. If you have any questions, you can call me at 520-284-5248. If you are an eyewitnesss or experiencer...isn't it time you become involved?CAUS in COURT

1) CAUS v. Department of Defense (information about the triangular shaped UFOs)A preliminary pretrial conference has been scheduled for June 14th. The US Attorneys Office is preparing a motion to dismiss the lawsuit based upon the fact that the DoD did not find any information. CAUS is preparing a list of 40 interrogatories (questions) to be submitted to the DoD.

2) CAUS v. FBI; CIA & Department of Defense (information about the 'alienabduction phenomenon') The FBI has replied to the CAUS administrative appeal of the FBI's lack of finding any records responsive to the initial CAUS request. FBI Co-Director Richard L. Huff, in a letter received on May 10th, reiterates the finding of 'no records' and concludes that this initial determination was correct.CAUS will be filing an FOIA lawsuit against the three agencies listed above in conjunction with its lawsuit against the US Government and State of Arizona, under Article IV; Section IV of the US Constitution (see below), within the next 60 days.

3) CAUS v. US Government & State of ArizonaThis lawsuit will be the first CAUS non-FOIA lawsuit and be based upon the provision of Art. IV; Sec IV of the US Constitution which states that the federal government shall (must) protect the states against invasion. CAUS will argue that the alien abduction phenomenon as well as certain aspects of the UFO phenomenon, constitute an invasion under this provision. CAUS has notified 40 of the 50 state governors of this invasion. Only three have responded. CAUS has also notified the US Departments of Defense and Justice. Neither has responded. (for background information see prior CAUS Announcements in the CAUSupdate archives: http://www.crossfields.com/~caus/) CAUS will be filing a lawsuit within 60 days, asking a federal judge to direct the federal government to protect the citizens of Arizona from this invasion...or at least conduct a hearing into its nature, origin and identity.*snip*

PRELIMINARY PRETRIAL CONFERENCE
OF 6/14/99 CANCELLED BY COURT

AFFIDAVITS STILL NEEDEDSince the institutions we have voluntarily relinquished our power to (government & military) have denied possessing any information about the Flying Triangles and the Alien Abductions, CAUS must now establish, to a judge's satisfaction in its pending and contemplated lawsuits, that both phenomenon are existing in our reality. In order to prove this I need evidence...eyewitness testimony, photos, videos and any other relevant evidence. Initially, eyewitness testimony need be in the form of an affidavit. The affidavit form and instructions are on the CAUS website. CAUS can also mail an affidavit to anyone who does not have access to the affidavit on the CAUS website. If you have been abducted or have seen the triangular shaped UFO or something similar (or if in Arizona or Montana any experience or sighting) please send CAUS your affidavit. If you have any questions, you can call me at 520-284-5248. If you are an eyewitness or experiencer...isn't it time you become involved?CAUS in COURT1) CAUS v. Department of Defense (information about the triangular shaped UFOs)The preliminary pretrial conference scheduled for June 14th has been canceled by the Court. The US Attorneys Office is preparing a Motion for Summary Judgment (to dismiss) the lawsuit based upon the fact that the DoD conducted a "reasonable" search and did not find any information. Next week, CAUS will be filing a Motion for Limited Discovery, asking the Court to allow it to submit a list of 40 interrogatories (questions) to be submitted to the DoD. The chances of the Court allowing this prior to the Motion to Dismiss are slim. Discovery is usually not allowed in FOIA cases. CAUS will also, as part of its Motion, be asking the Court to allow it to serve subpoenas on as many as three nonparty witnesses in order to take their depositions. Drs. Steven Greer and Michael Wolf are two of the three CAUS will be seeking to depose.

2) CAUS v. FBI; CIA & Department of Defense (information about the 'alienabduction phenomenon') Lawsuit planned for this summer, assuming the necessary affidavits have been received. All three agencies have reported a finding of "no records."3) CAUS v. US Government & State of ArizonaThis lawsuit will be the first CAUS non-FOIA lawsuit and be based upon the provision of Art. IV; Sec IV of the US Constitution which states that the federal government shall (must) protect the states against invasion. CAUS will argue that the alien abduction phenomenon as well as certain aspects of the UFO phenomenon, constitute an invasion under this provision. CAUS will be asking a federal judge to direct the federal government to protect the citizens of Arizona from this invasion...or at least conduct a hearing into its nature, origin and identity. Once the necessary affidavits have been received, CAUS will be filing this lawsuit.

RALLY TO END UFO SECRECY

Here is the information pertaining to the rally to end UFO secrecy, sponsored by CAUS, the Citizens Against UFO Secrecy: I will try to confirm this information with Peter. Keep an eye on this post in the event that something changes. Thank you.

PLACE: On the steps of the Capital Building, Washington DC
DATE: Sunday, October 24, 1999.
TIME: 12:00 (Noon)

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