by Randy Grant
Thursday, Dec. 04, 2003 at 9:54 PM
Here is a copy of the brief taken from www.indymedia.org
/11 Victim Ellen Mariani's Suit Against Bush et al.
ELLEN MARIANI, Individually, as )
Personal Representative of the Estate )
of LOUIS NEIL MARIANI, deceased, )
and others similarly situated[1], )
)
Plaintiff, )
)
vs. ) Case No. 03-5273
)
GEORGE W. BUSH[2], President of ) Judge Eduardo C. Robreno
the United States, Officially and )
Individually, ) JURY TRIAL DEMANDED
)
and )
)
RICHARD CHENEY, Vice President of )
The United States, Officially and )
Individually, )
)
and )
)
JOHN ASHCROFT, Attorney General of )
the United States (DOJ), Officially and )
Individually, )
)
and )
)
DONALD H. RUMSFELD, Secretary of )
Defense (DOD), Officially and )
Individually, )
)
and )
)
GEORGE J. TENET, Director, Central )
Intelligence Agency (CIA), Officially and )
Individually, )
)
and )
)
NORMAN Y. MINETA, Secretary, )
Department of Transportation (DOT), )
Officially and Individually, )
)
and )
)
PETER G. PETERSON, Chairman of the )
Board, COUNCIL ON FOREIGN )
RELATIONS (CFR)[3], Officially and )
Individually, )
)
and )
)
CONDOLEEZZA RICE, National )
Security Advisor, to Defendant Bush, )
Officially and Individually, )
)
and )
)
GEORGE H. BUSH[4], Former, )
Director, Central Intelligence Agency, )
(CIA), Vice-President and President of )
the United States of America, Officially, )
and Individually, )
)
and )
)
KENNETH R. FEINBERG, Special Master, )
"September 11 Victim Compensation )
Fund of 2001" Officially and Individually, )
and )
)
Other unnamed past, present, officials, )
representatives, agents, and private )
consultants of THE UNITED STATES )
OF AMERICA, )
)
Defendants.[5] )
PLAINTIFF'S AMENDED COMPLAINT[6]
NOW COMES the Plaintiff, Ellen Mariani, on information, belief and established facts, by and through her counsel of record, Philip J. Berg, Esquire, and for her causes of action against all named and unnamed Defendants states the following:
STATEMENT OF THE CASE
1. Plaintiff commenced this civil action on September 12, 2003, by filing of Complaint with this Honorable Court. Since Plaintiff's initial filing and the 'firestorm" surrounding Defendant GWB's refusal to comply with the "911 Commission[7]," this Amended Complaint provides newly discovered substantial additional facts, evidence and voluntary support from former federal employees and other concerned American Citizens who all seek justice and the truth as to how and why the events of September 11, 2001, (hereinafter "911"), occurred. Plaintiff hereby asserts Defendants, officially and individually are exclusively liable to answer the Counts in this Complaint under the United States Constitution and provisions of the 18 U.S.C. § 1964(a) and (c), Racketeer Influenced and Corrupt Organizations Act (hereinafter "RICO Act") for "failing to act and prevent" the murder of Plaintiff's husband, Louis Neil Mariani, for financial and political reasons and have "obstructed justice" in the aftermath of said criminal acts and omissions.[8]
2. On "911," Plaintiff's husband, Louis Neil Mariani, an American Citizen and paying passenger on United Airlines Flight 175, was murdered by unidentified perpetrators, (hereinafter "terrorists") according to Defendant GWB.
3. At the time of the "911" attacks Defendant GWB was and continues to be President of the United States of America and Commander-in-Chief of the United States Armed Forces. Defendant GWB "owed a duty" not only to Plaintiff, but the American People to protect and defend against the preventable attacks based upon substantial intelligence known to Defendant GWB prior to "911" which resulted in the death of Plaintiff's husband and thousands of other innocent victims on "911."
4. Defendant GWB has purported to the American People, this Court and the Plaintiff that the infamous attacks of "911" were directly masterminded by Osama bin Laden and his Al Qaeda Network terrorists (hereinafter "OBL"), almost immediately after the attacks. Yet, Defendant GWB has not been forthright and honest with regard to his administration's pre-knowledge of the potential of the "911" attacks and Plaintiff seeks to compel Defendant GWB to justify why her husband Louis Neil Mariani died on "911.' Plaintiff believes Defendant GWB is invoking a long standard operating procedure of invoking national security and executive privilege claims to suppress the basis of this lawsuit that Defendant GWB, et al., failed to act and prevent the "911" attacks. This Court must see through this and Plaintiff argues from the onset, the reasons why "911" occurred are no longer a national security risk, but a national security disgrace and tragedy. Plaintiff asserts, contrary to Defendant GWB's assertion that OBL is responsible for "911," the compelling evidence that will be presented in this case through discovery, subpoena power by this Court and testimony at trial will lead to one undisputed fact, Defendant GWB failed to act and prevent "911" knowing the attacks would lead to our nation having to engage in an "International War on Terror (IWOT)" which would benefit Defendants both financially and for political reasons. Plaintiff asserts, her husband was murdered on "911" and Defendant GWB and many of his cabinet members are now profiting from the IWOT. Plaintiff will prove, the "Bush family" has had long ties to power in the federal government and with the OBL family which raises serious public trust questions yet to be answered, to include, but not limited to, the fact that Defendant Cheney is profiting immensely from his former company's exclusive contracts to rebuild Iraq.[9]
5. Plaintiff reasonably believes Defendants knew or should have known the attacks on "911" would be carried out and intentionally and deliberately failed to act and prevent these deadly attacks leading to the untimely death of her husband. Plaintiff believes, Defendant GWB et al, allowed the attacks to take place to compel public anger and outcry to engage our nation and our military men and women in a preventable "IWOT" for personal gains and agendas. The statement of "911 Commissioner" and former United States Senator Max Cleland reinforces Plaintiff's claims that her President and Commander-in-Chief Defendant GWB has not been honest and forthright to her or the American public with regard to "911":
"As each day goes by, we learn this government knew a whole lot more about these terrorists before Sept. 11 than it has ever admitted."[10]
6. Plaintiff believes the facts, circumstances and substantial evidence once presented to a jury will ultimately establish Defendants allowed the "911" attacks to occur to create an "IWOT" for malicious personal agendas, to include, but not limited to war profiteering. A pattern of this financial war profiting and the "Bush Family" goes back to their dealings with Nazi Germany during World War II. Plaintiff understands this assertion will be a shock to her fellow Americans who are not aware of this fact, however, her sentiment is expressed in the following Paul Donovan: "Why Isn't the Truth Out There?" Observer (U.K.), October 5, 2003, article which states in part:
"This is the staggering story of the events of 9/11. No reasons have been given for the Bush administration's conduct on that day; no one has been brought to account. Yet from the tragedy that was 9/11, Bush has been able to deliver for his backers in the arms and oil industries
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