- Washington, DC - In a decision with the potential to
redefine "reasonable search" under the Freedom of Information
Act (FOIA), a U. S. District Court Judge in Phoenix agreed yesterday with
a UFO activist group and ordered the Department of Defense to provide by
March 17 additional affidavits detailing search specifics used to service
an FOIA lawsuit.
- Previously, on February 7, in a packed courtroom, Chief
Judge Stephen M. McNamee heard oral arguments on the government's Motion
for Summary Judgment in the FOIA lawsuit, Citizens Against UFO Secrecy
(CAUS) v. Department of Defense (DoD).
- CAUS attorney, Peter A. Gersten had submitted numerous
affidavits from witnesses who had observed massive, black, triangular shape
craft with extraordinary flight characteristics. But the DoD continued
to maintain in court it could find no information confirming the existence
of such objects. Gersten was seeking an additional 90 days of discovery
and an opportunity to depose DoD personnel.
- During the 30 minute hearing Gersten argued the government's
search for relevant information lacked the necessary element of "good
faith." He claimed the DoD's mishandling of the initial request raised
an "inference of indifference" on the agency's part and tainted
any subsequent search.
- Apparently the Judge agreed. He declined to dismiss
the case and elected to consider CAUS's claim that the government failed
to conduct an adequate search. A written opinion would be issued within
- Now the Judge has asked the DoD to provide additional
affidavits expanding on the methods used by the DoD to service the FOIA
request. These will be reviewed in support of the forthcoming ruling for
dismissal or further discovery.
- CAUS is one of many groups applying pressure for full
disclosure by the U. S. government as to the facts regarding UFO/ET phenomena.
- Contacts: CAUS
- Paradigm Research Group
- SIGHTINGS HOMEPAGE
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