NYC 9/11 Commission ballot initiative

[jaqeboy]

9/11 Whistleblower LTC Anthony Shaffer Endorses NYC CAN

28 September 2009
Springfield, VA

I endorse the NYC CAN campaign and support the need for a new, independent, investigation of the events and failures that lead up to the 9/11 attacks.

The original 9/11 Commission inquiry became an exercise in bureaucratic ass-covering and obfuscation of accountability.

I had no intention of joining the ranks of "whistle blowers". In 2003, when I made my disclosure to the 9/11 commission regarding the existence of a pre 9/11 offensive counter-terrorism operation that had discovered several of the 9/11 terrorists a full year before the 9/11 attacks my intention was to simply tell the truth, and fulfill my oath of office.

Unfortunately, this was a minority view.

Instead of supporting the search for the truth, members of the Bush/Rumsfeld Department of Defense did everything within their power to destroy my 20 year career as a clandestine intelligence operative simply to try to discredit me and my disclosure.

In 2006 I testified before Congress on the pre-9/11 issues regarding the systemic failures I was personally aware of – in both open and closed sessions – and yet nothing was ever done to correct these problems.

The families and victims of the 9/11 attacks are owed a real accounting of why their government failed them. We all deserve answers.

The full accounting has never been made. This accounting is long overdue. I hope the NYC CAN effort will result in a real, detailed, independent investigation that will reveal the full truth – whatever that truth may be.

Tony Shaffer
http://abledangerblog.com/

[jaqeboy]

Decision On Petition's Legality Expected By End of Week
9/29/09

    Supreme Court Justice Edward Lehner has begun consideration of NYC CAN's motion to reject Referee's Louis Crespo's recommendation that the NYC CAN 9/11 petition not be submitted to the voters on November 3.  The petition would ask whether or not there should be an independent New York City investigation into 9/11.

    Responding to a motion brought by NYC CAN attorney Dennis McMahon, a hearing was held Tuesday September 29 at the New York State Supreme Court, and concluded with the understanding that the Court will likely render a decision on the petition's legality by Friday, October 2.

    The City's previously assumed deadline of September 30—spurred by the printing deadline for military absentee ballots—was brushed away by Judge Lehner as he suggested the printing of absentee ballots would likely not be ordered on Wednesday, September 30, since runoff elections were being held while the Court was in session.  Even if the ballots were ordered on Wednesday, Lehner indicated, this should not prevent the referendum from being put before the vast majority of the electorate who would be voting in New York City.

    Judge Lehner's postponement of the supposed deadline came after McMahon had requested that the Judge carefully consider both sides' arguments, rather than render a rush decision and fail to adequately contemplate NYC CAN's legal arguments, as the Referee had done.
     
    Initially there was a question as to whether oral arguments would go forward as a clerical mishap resulted in the Judge not being presented with the papers on time.  As a result of the snafu, the procedure for the Court to hear arguments was inverted, whereby oral arguments were heard first and served to orient the Judge.

    Over the next few days the Judge will go through both sides' legal memos, as well as the applicable statutes and case law.

    Surprisingly, the file forwarded from the Referee to the Judge did not contain NYC CAN's legal memo, which McMahon told the Court seemed apropos, since the referee had barely considered the Petitioners' memorandum of law.
     
    The Judge proceeded to invite discourse on why an investigation was needed.  When McMahon raised as an example the 9/11 Commission's omission of the collapse of Building 7 from its final report, the Judge replied in puzzlement, "Building what?"

    When asked by the Judge whether or not there has been an investigation into 9/11 by New York City authorities, Steve Kitzinger, the City's lawyer, replied, "It's irrelevant", to which the packed courtroom was loudly disdainful, some openly laughing in disbelief.  At which point Mr. Kitzinger prevailed upon Judge Lehner to quiet the crowd, which the Judge did.
     
    With order restored, the Judge again asked Kitzinger if the City had done anything to investigate 9/11.   Kitzinger flatly responded, "No."

    "The City never did anything?" retorted the Judge in disbelief.  Nothing, Kitzinger admitted.

    As part of his unrelenting attack on the NYC CAN petition, Kitzinger repeatedly alluded to the proposed commission's intention to investigate national security matters beyond its jurisdiction such as "intelligence failures".  A simple reading of the petition shows such assertions to be completely unfounded.

    Later, Judge Lehner seemed unimpressed by Kitzinger's argument pertaining to the limited jurisdiction of New York City to investigate 9/11, on the grounds of inherent limits to a municipality's subpoena power.  "You can investigate anything, can't you?" the Judge asked rhetorically.  "Because somebody may have jurisdiction over certain witnesses doesn't mean you can't have a commission."

    On the complicated question of the commission being a privately funded entity but still having subpoena power granted under the auspices of New York City government, the Judge made comments that gave the Petitioners hope for a favorable ruling.  "You want a law that says this private commission shall have the right to subpoena people?"  To which McMahon assented.  Offering similar examples, the Judge noted, "A private lawyer can issue subpoenas... a lawyer issues [subpoenas] in connection with an action [during] litigation in court."

    After the hearing, the consensus among NYC CAN members and supporters in attendance was that Judge Lehner is intrigued by the proposed referendum, and that he will give both sides' arguments due consideration.

    Near the end of the hearing, McMahon stated emphatically, "The citizens are desperate.  We want to find out what really happened on 9/11."

__________________________________________
March For Answers 9/27/09
See The March

Daniel Sunjata's Rousing Speech

RAW STORY Covers MARCH FOR ANSWERS


Thinkers think and talkers talk.  Patriots ACT.

www.NYCCAN.org

[jaqeboy]

Still Awaiting Decision On Petition's Legality

    October 3, 2009

    Four days after NYC CAN's hearing at the State Supreme Court, Justice Edward Lehner is still considering our motion to reject Referee's Louis Crespo's recommendation that the petition not be submitted to the voters on November 3.

    On Friday October 2, our attorney, Dennis McMahon, contacted Judge Lehner's office and was told that a decision had not yet been issued, but that he would be notified when a ruling has been reached.

    As previously reported, after the hearing on Tuesday September 29, the consensus was that Judge Lehner will give both sides' arguments due consideration.  If the court rules favorably, a full-scale publicity campaign will be launched to see that the referendum succeeds.  If the Judge finds for the City, his decision will be analyzed to determine whether an appeal is warranted.
     
    If the referendum does not make it to the ballot this November, it will be but the beginning.  NYC CAN will push ahead with multiple simultaneous efforts to bring about the first proper investigation into the events of September 11, 2001.

_________________________________________
March For Answers 9/27/09
     See The March

    Daniel Sunjata's Rousing Speech
     
    Mark Crispin Miller Speaks About Signing "Demented" Van Jones Petition
     
    Raw Story Covers MARCH FOR ANSWERS
    __________________________________________
     

Thinkers think and talkers talk.  Patriots ACT.

www.NYCCAN.org

[jaqeboy]

Once Again, The Will of the Voters Is Denied

October 9, 2009

Yesterday afternoon, Justice Edward Lehner of the State Supreme Court rubberstamped Referee Louis Crespo's recommendation that the decision to establish a local commission to investigate the events of September 11th not be put before the voters on November 3rd. 

After showing interest in weighing both sides' arguments in the hearing, the Judge's short decision gives no indication of having considered the arguments put forth in the Petitioners' memorandum of law, nor any acknowledgement of the need for a new investigation, which the City of New York callously dismissed as "irrelevant". 

On a dark day for democracy, the patriotic call for answers by hundreds of 9/11 families, first responders and survivors has been stifled, and the will of the people of New York City once again denied.   

Judge Lehner ruled that modifying the petition to make it "legally permissible" would result in it being "inconsistent with the law sought by the signatories of the Petition" despite the fact that all 80,000 signatories agreed by signing the Petition that "If any provision of this law is held to be unconstitutional or invalid for any reason, the remaining provisions shall be in no manner affected thereby but shall remain in full force and effect." 

The deadline for inclusion on the ballot falls just before the election, making it possible to appeal Judge Lehner's decision. NYC CAN is weighing all options and will make an announcement early next week on this issue, as well as on how it will be moving forward on other fronts. Regardless of the outcome in court, the quest for answers continues full throttle.  This fight is only the beginning.       

Thinkers think and talkers talk.  Patriots ACT.

www.NYCCAN.org