9/11 Widow Mariani: Lawsuit against Bush announced (9/11 Cover-up)

Lawyer of 9/11 Widow: Press Conference regarding 9/11 Cover-up

News Conference Wednesday - 11/26/03 12 Noon 5th & Ranstead Streets, Philadelphia

Update: Interview at PrisonPlanet (MP3) (12/04)
Update: "Guerrilla of the week" : Ellen Mariani
Update: Summary of the Complaint (By Michael Kane) 11/29
Update: Full Complaint now up at 911Review.org* (11/27)
Update: Marianis Open Letter to Bush:
"Bush should be held responsible for "cover up" ...It is my belief that you intentionally allowed 9/11 to happen" (11/26, now also mirrored at Scoop)

Philip J. Berg, Esquire, announced today that he, attorney for Ellen Mariani, wife of Louis Neil Mariani, who died when United Air Lines flight 175 was flown into the South Tower of the World Trade Center on 9-11 will be holding a news conference regarding the filing of a detailed Amended Complaint in the United States District Court for the Eastern District of Pennsylvania on 11/26/03 in the case of Mariani vs. Bush et al that will be alleging President Bush and officials to include but not limited to Cheney, Ashcroft, Rumsfeld and Feinberg that they:

1. had knowledge/warnings of 911 and failed to warn or take steps to prevent;

2. have been covering up the truth of 911; and

3. have therefore violated the laws of the United States; and

4. are being sued under the Civil RICO Act.

Berg is a former Deputy Attorney General of Pennsylvania; former candidate for Governor and U.S. Senate; an attorney with offices in Montgomery County and an active practice in Philadelphia, PA

See also Ellen Mariani: 9/11 Widow sues Bush, Cheney, C.I.A

...Berg stated: "I will be detailing the charges against Bush and others and handing out copies of the:

1. Amended Complaint;

2. a Letter from Ellen Mariani to President Bush that sets forth her beliefs that President Bush knowingly and willfully failed to act and prevent the murder of her husband on 911 and the ongoing obstruction of justice; and

3. a Sworn Affidavit that the United States government twenty-eight [28] years ago undertook a study to prevent the very events of 911.

////

Mrs. Mariani was the first victim family member to bring civil action regarding the events of 911 against United Airlines. Since then, the "truth" of 911 has not been forthcoming and Mrs. Mariani, for the good of her country, now seeks the truth via this courageous action under the RICO Act.

///////

** Copy of sixty-one [61] page Amended Complaint available by e-mail attachment prior to News Conference as "Embargoed until noon on 11/26/03"

contact Phil Berg at PJBLAW@aol.com or call (610) 825-3134

OPEN LETTER TO THE PRESIDENT OF THE UNITED STATES

November 26

Mr. Bush,

This “open letter” is coming from my heart. I want you to know that I am neither a Republican nor a Democrat and that this is not an attempt to "bash the Government".

You Mr. Bush should be held responsible and liable for any and all acts that were committed to aid in any "cover up" of the tragic events of September 11, 2001. As President you have a duty to protect the American people. On September 11th you did not instruct your staff to issue a nationwide emergency warning/alert to advise us of the attack on America. We had to receive the news of the attacks via the news networks.

In the months leading up to the attacks you were repeatedly advised of a possible attack on American soil. During your daily intelligence briefings you were given information that had been uncovered that the very real possibility existed that certain undesirable elements would use commercial aircraft to destroy certain "target" buildings. You never warned the American people of this possible threat. Who were you protecting?

When you took no responsibility towards protecting the general public from the possibility of attack, you were certainly not upholding the oath you spoke when you took office. In that oath you pledged to uphold the Constitution of the United States of America.

On the morning of the attack, you and members of your staff were fully aware of the unfolding events yet you chose to continue on to the Emma E. Booker Elementary School to proceed with a scheduled event and "photo op". While our nation was under attack you did not appear to blink an eye or shed a tear. You continued on as if everything was "business as usual".

In the days following the attacks all air traffic was grounded and Americans, including myself, were stranded wherever they had been when the flight ban was imposed. I was stranded at Midway Airport in Chicago, unable to continue on to California for my daughter's wedding. Imagine my surprise when I later found out that during this "no fly" period a number of people were flown out of the country on a 747 with Arabic lettering on the fuselage. None of these people were interviewed or questioned by any local, State or Federal agencies. Why were they allowed to leave and who exactly was on that flight. We know for a fact that some of the people on the flight were members of (or related to) the royal family of Saudi Arabia and members of the Bin Laden family. Were these people allowed to leave because of the long-standing relationships that your family has with both families?

It is my belief that you intentionally allowed 9/11 to happen to gather public support for a "war on terrorism". These wars, in Afghanistan and Iraq, have not accomplished what you stated were your goals. Why have you not captured Osama Bin Laden? Where are Saddam's weapons of mass destruction? All that has happened is a bill that is passed before Congress for 87 billion dollars to rebuild what you ordered blown to bits. As an American who lost a loved one in the "war on terror" I do pray and support our troops who were sent to Afghanistan and Iraq by you. These troops have and will continue to die for your lies. As an American I can make this statement as it appears that associates of your family may stand to prosper from the rebuilding of Afghanistan and Iraq.

Mr. Bush the time has come for you to stop your control over us. Stop blocking the release of certain evidence and documents that were discovered by the 9/11 Investigation Commission if you have nothing to hide proving you did not fail to act and prevent the attacks of 9/11. Your reason for not releasing this material is that it is a matter of "national security". When in fact I believe that it is your personal credibility/security that you are concerned with. You do not want the public to know the full extent of your responsibility and involvement.

After 9/11 the Patriot Act and Homeland Security Act were passed. Both of these allow the government to tap your telephone, search your home, and seize whatever they feel they need to do on a whim. They can do this without a judge's review or a warrant. I feel that this is in direct conflict with our rights as stated in the Constitution and Bill of Rights.

We the families of 9/11 victims need to have answers to the following questions:

1. Why were 29 pages of the 9/11committee report personally censored at your request?

2. Where are the "black boxes" from Flight 11 and Flight 175?

3. Where are the "voice recorders" from Flight 11 and Flight 175?

4. Why can't we gain access to the complete air traffic control records for Flight 11 and Flight 175?

5. Where are the airport surveillance tapes that show the passengers boarding the doomed flights?

6. When will complete passenger lists for all of the flights be released?

7. Why did your brother Jeb (the Governor of Florida) go to the offices of the Hoffman Aviation School and order that flight records and files be removed? These files were then put on a C130 government cargo plane and flown out of the country. Where were they taken and who ordered it done?

It has been over two years since hundreds of our lost loved ones "remains" have still yet to be identified and their remains placed in a landfill at Fresh Kill. We want our heroes brought back and given a public and proud resting place where we all can pay our respects and honor them. These innocent people never had a chance as they were taken from us on that sad September Day.

In the court of public opinion Mr. Bush, your lies are being uncovered each day. My husband, all of the other victims and their families and our nation as a whole, has been victimized by your failed leadership prior to and after 9/11!

I will prove this in a court of law!

Ellen M. Mariani

About 911review.org

911review.org is intended as a review of all of the current  9/11 topics and research, and is aimed at people who know nothing  about What Really Happened on that fateful day.

 The structure of the web site leads you down through overview summaries  to detailed reviews of the major topics, and finally it links to an  on-line version of the 9/11 Encyclopedia from globalfreepress.com.

Despite two years of repeated attempts by the families of the victims of 9/11, there has never been an thorough investigation of What Really Happened. Both President Bush and Vice-President Cheney took extraordinary steps to limit any investigation into the events of 9/11.

Working across the Internet, teams of scientists and engineers have made a tremendous amount of progress over the last 2 years analyzing the events, perhaps even more than if there had there had been a formal "inquiry" like the Warren Commission. The Internet will do better with its own inquiry.

911review.org has a document cache of over 50,000 pages images and videos, all fully indexed, making it the premier resource on the Internet for 9/11 research and information.  In creating the site, we hope it will provide a succinct summary of the current research and conclusions, that can be used as a point of reference for people who want to know what really happened, and what's really happening.

Summary of the complaint filed by Ellen Mariani primarily against G.W. Bush, and many others.

The full complaint is published at 911 Review

I start at point 10 of the complaint (which somes things up well in and of itself) and continue to the end of the complaint. Points 1 to 9 are very intriguing and point right at everything we've been pointing at for almost 2 years including war profiteering and oil as motive to Allow the attacks to happen. Below is a long summary, but very condensed in compression to the 61 page report itself; many of you may find this useful.

10. As widely reported and confirmed by many American independent researchers of the facts and circumstances of “911,” Defendant GWB knew the attacks of “911” were probable and failed to act. Specifically, Special Agent Robert Wright wrote a memo on June 9, 2001, warning his superiors, Defendant DOJ/FBI of the potential of terrorists hijacking aircraft to attack the United States and two (2) months later, Defendant GWB’s National Security Advisor, Defendant Condoleezza Rice, acknowledged that on August 6, 2001, (one month prior to the “911” attacks), she provided a written brief to Defendant GWB at his Texas ranch which warned “OBL” might try to hijack U.S. aircraft.

Plaintiff, as all Americans have a “right to know” why these reports provided Defendant GWB were not acted upon to prevent the most deadly attacks against our nation since Pearl Harbor which led us into War World II as “911” is now leading us into the never ending “IWOT.” (International War on Terror)

11. Defendants acting in their official and individual capacities were grossly and criminally negligent

13. no one, including the President of the United States of America is above the law

18. Venue in the Eastern District of Pennsylvania is proper due to the special factors...the United States Constitution, the "supreme law of the land' originated at the May 25, 1787, Constitutional Convention in the City of Philadelphia

20. GWB...is responsible as President and Commander-in-Chief under the United States Constitution and National Security Act of 1947, (hereinafter “NS Act”)

21. Plaintiff Husband died in United Airlines Flight 175 into the South Tower of the World Trade Center

24. That, on or about, August 6, 2001, Defendant GWB received intelligence reports that a potential attack against the United States of America was being planned by the use of hijacked civilian airliners ...now all these points go over the timeline, but most interesting is this...

31. That, on or about 8:51 a.m., Defendant GWB arrives at Booker Elementary and should be completely aware Flight 11’s crash was not an accident, especially in light of the “PDB” provided him 51 minutes earlier.

...this is EXACTLY right, GWB's comment that he thought the "first plane crash" that he "saw on TV (?)" should have IMMEDIATELY resonated w/ GWB as a Terrorist attack because 51 minutes earlier he was briefed of a heightened terror alert, so here's the specific negligence most of us know by now...

32. That, on or about 9:05 a.m. Andrew Card walks up to Defendant GWB in front of the world while Defendant GWB is listening to a goat story and is alleged to have whispered in his ear; “A second plane has hit the World Trade Center. America is under attack.” For approximately the next seven (7) to eighteen (18) minutes Defendant GWB continues to listen to the goat story while Plaintiff’s husband was just murdered and does not immediately assume his duties as Commander-in-Chief of the United States Armed Forces.

Count I

Plaintiff asserts the Ex Post Facto “Air Transportation Safety and System Stabilization Act”as unconstitutional and Defendants GWB et al., are exempted parties under the Act’s

39. Plaintiff asserts from the mountain of evidence that will be produced and based upon her RICO Act claim, Defendant GWB et al., are exempt from the Act’s jurisdiction in New York because Defendants will be directly connected to their true standing in the “911” attacks as “aiders and abettors and conspirators”...to advance their agendas, including but not limited to an “IWOT (International War on Terrorism)

42. ...goes into the "Feinberg hush fund" and illegal use of Red Cross Funds.

43. Plaintiff, reasonably believes, Defendants are hiding behind arbitrary legislation such as this “Act” [Air Transportation Safety and System Stabilization Act] and the Patriot Act to silence Americans such as herself from obtaining the truth as to how and why “911” ever occurred. Count II

Defendant “GWB’s” Official Version of “911” and refusal to cooperate with his “911 Commission” demands judicial scrutiny in this cause of action

45. from the timelines as set forth in the “Summary of Facts” Defendant GWB’s behaviors, both officially and individually are highly suspect.

46. ...Defendant GWB must be compelled to answer the claims and assertions in her lawsuit as it has been over two (2) years since her husband’s death and yet to date, no “terrorists” have be held to account.

47. basically says GWB has to prove he's not lying about Osama being "mastermind" and moreover, why are some of these purported "terrorists" still alive?

48. basically says Bush's actions at Booker Elementary... calls into question his stability and motives to carry out this nation’s top public office

49. ...“obstruction of justice” by Defendant GWB in failing to release intelligence reports and to fully cooperate with the “911 Commission” provide Plaintiff with no other option but to proceed with this cause of action...Defendant Ashcroft is a party to this litigation ... (and he) ... has spent more time advocating for his Patriot Act than seeking the “terrorists” responsible for the “911” attacks is yet another bona fide issue which advances Plaintiff’s right to judicial review in this matter.

 Count III Defendant “USA” and “DOD” for Twenty-Five (25) Years had prior knowledge American Airspace was vulnerable to terrorist attacks via highjacking of Commercial Airliners

51. sworn affidavit of Timothy Stuart McNiven, former United States Army participant in a 1975 Congressional funded military study which purpose was to “identify security lapses and submit corrective actions” to Congress. (See Exhibit “B”)

52. , Defendant USA’s failure to implement the findings of the study was grossly/criminally negligent and Defendant’s “failing to prevent” the attacks of “911” raises other serious national security and public trust matters important for Plaintiff to obtain justice in this case. ****George H. Bush, Sr., (hereinafter “Defendant GHB”) as a critical party to this litigation as Defendant GHB as CIA Director at the time of the study and reasons for its not being implemented are very relevant ****

53. Defendant GWB cannot and must not be afforded “Executive Privilege” or any other governmental immunity from defending this lawsuit as the “national security” interests of Plaintiff and the American People

54. Cites Congressional Report that concluded 911 resulted from CIA & FBI "lapses" - GWB is solely responsible as president for these "lapses" Count IV Defendant GWB and his Administration were provided ample warning the “911” attacks were Imminent and Failed to Act

56. Advanced Warnings - further supported by the actions of high cabinet officials who stopped flying commercial airliners leading up to the “911” attacks

57. cloud of “secrecy” not being forthright to Congress, 911 Commission support her claim Defendants were provided ample warnings to prevent 911

58. Review of July 2001 PDB will demonstrate GWB's actions at Booker on 911 occurred for 1 reason - ***Defendant GWB knew the attacks would occur.**

59. Notes complete failure of S.O.P. on 911 as single most damning indictment of Defendant GWB and all Defendants who failed to protect our nation. This point goes on to list Mindy Kleinberg's testimony as Exhibit A in this case.

61. Actually credits "us" as "CONCERNED AMERICANS" actively involved in finding the FACTS, and then proceeds to list 18 OF THOSE FACTS and then continues to list DOZENS of facts that prove our U.S. Authorities were concerned.

This complaint, and all the facts listed here seem to me to be EXTREMELY well sourced and well laid out - the fact that Mindy Kleinbergs Testimony is Exhibit A in this case is very encouraging. Such facts include John Oneil's warnings in 96 & 97, Olympic Games of 1996 received threats of hijacked airliners crashed into buildings and much, MUCH more; and the PDB for August 6th is called THE SMOKING GUN

(19) August 6, 2001. Memo (“The Smoking Gun RICO Act Obstruction of Justice Claim”)(emphasis added).

(a) On August 6, President George Bush received an intelligence briefing, titled “Bin Laden determined to strike in the U.S.” that warned that bin Laden may attempt to hijack airplanes and that the Saudi millionaire’s terrorist organization wanted “to bring the fight to America.”

This information was relayed to Bush after he had previously been supplied with intelligence of a more generalized quality that had indicated that al Qaeda was planning to attack the U.S. or U.S. interests abroad. (Eggen and Woodward 5-18-2002; CBS News 5-16-2002; Boncombe 5-19-2002). Count V Defendant GWB’s Administration’s failure to act and warn the American People caused Plaintiff un-imaginable mental, emotional, physical and financial injury as a result Of the Wrongful Death of her husband

I believe this Count explains why Ellen Mariani has "standing" to file such a complaint Count VI Defendants’ Intentional, Deliberate, Willful Wrongful Acts and Omissions constitute an “on-going pattern of criminal activity and obstruction of justice” for Plaintiff to support a Civil Claim under the

Racketeering Influenced and Corrupt Organization Act (RICO)

74. Plaintiff will establish a prima facie case under the RICO Act and due to her “standing” and the courage to put a halt to this destructive course Defendant GWB’s has set our Nation on by his illegal IWOT (International War on Terrorism)

76. Defendant GWB has long ties to Osama Bin Laden

77. Mentions Carlyle Group "nexus"

78. However, the truth of the matter is that Defendants long before they obtained control of the White House, planned the takeover of Iraq and to achieve their personal goals and agendas allowed “911” to happen to create an “IWOT.” (International War on Terror)

CONCLUSION

In the wake of the murder of her husband and the mountain of evidence that shows Defendant GWB, et al., have lied and betrayed the American People as a whole and the truth of “911” must be found in this Honorable Court.

“obstruction of justice” by Defendant GWB is an ongoing pattern of misconduct to silence the truth of “911.”

Plaintiff asserts and concludes, for far too long in our Nation’s history federal employees such as Defendants in this case have lied, betrayed and abused their constitutional oaths and the public’s trust for personal gain and/or political motives.

Mentions Max Cleland who called White House Deal to edit PDB before giving to Commission a "national scandal" being given a position on the Import-Export Bank by Defendant GWB - truth will only be found through litigation of this matter.

No more can so few control so many for self gain and personal agendas as will be proven at trial in this historic case which will ultimately ensure “checks and balances” on power in our federal government.

Guerrilla of the Week
Editor's Pick,  December 1, 2003

GNN Network -December 1

Every family member of a 9/11 victim reacted differently to their loss. Some wrapped themselves in the flag and called for revenge. Others took to the streets and cried out for peace. Others became obsessed with the memorial and how their loved ones would be remembered. Others became numb, unable to even fill out forms for federal funds allocated them. But a small number took it on themselves to find the truth about what really happened that day.

First there were the four New Jersey widows. Now Ellen Mariani, whose husband Louis died on the United Airlines flight that crashed into the South Tower, has joined the fight. Last week, she filed a bold lawsuit against President Bush and other top administration officials including Cheney, Ashcroft and Rumsfeld, charging they had knowledge about an impending attack and did nothing to stop it, and have been covering up the search for the truth since.

Mariani is suing the officials under the Civil RICO Act. The Racketeer Influenced and Corrupt Organizations (RICO) Act was originally created to take down the Mafia in 1970, but in the 80's became a popular legal device for people seeking redress for everything from common fraud to faulty products to breach of contract. Recently, courts have tried to stem the tide of RICO suits by requiring a claimant overcome numerous legal hurdles to prove a long-term pattern of criminal activity.

Mariani has her work cut out for her. Though, this isn't her first 9/11 suit. In December 2001, she filed one of the first 9/11 lawsuits, a complaint in federal court charging United Airlines' poor security allowed the hijacking of Flight 175 and the death of her husband, a retired sales coordinator from New Hampshire.

Her RICO filing is a courageous, if flawed, step forward. Her complaint is not the most professional brief ever written, it refers to Ari Fleischer as Ari Fletcher and often relies on third party references to make her points. Her "everything but the kitchen sink" approach also probably doesn't help. In addition to high-level administration officials, she also charges Kenneth Feinberg, the administrator of the government's 9/11 Fund, and the Red Cross, with fraud, but provides little proof. She also makes unsupported or exaggerated historical references, like Roosevelt had advance knowledge of Pearl Harbor and Prescott Bush, the President's grandfather, was "Hitler's banker" (for the real story of the Bush-Nazi link go here). She refers to the August 6, 2001 intelligence briefing the President received at his Crawford ranch as the "Smoking Gun" - a charge that may well be true, but we'll only know when it is released.

Probably the most confusing part about the filing is it is often not clear whether she is charging the President and his cabinet with simply failing to heed warnings, or something much more sinister - actual complicity.

Nevertheless, the complaint is a serious and important document. She effectively lists the multitude of news reports of intelligence warnings the U.S. received prior to 9/11. And she succinctly details how lower-level FBI agents' investigations into suspicious characters who turned out to be part of the plot were thwarted.

The real power of her action may be the timing. The 9/11 commission is flailing, with a meager $11 million budget, limited access and little media attention. Recently the White House reached an agreement with the commission headed by Tom Kean, the Republican former governor of New Jersey, that would allow it to censor any presidential briefing it turned over to the panel.

Even more troubling: Last week, former Democratic Senator Max Cleland, one of the most outspoken critics of the administration on the panel, was appointed by the White House to head the Export-Import Bank. The new position means he will have to step down from his position on the 9/11 commission.

You can read Mariani's full complaint here.

The following is an open letter Ms. Mariani recently wrote to the President.