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Phirst Amendment
Vol. 1 Issue #10
01 May, 1993
A KAoS production
Article I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech or
the press; or the right of the people, peaceably, to assemble and to
petition the Government for a redress of grievances.
+--------------------------------------------------------------------------+
| Editing, Story Continuity, & Public Relations...........David Lightman |
| Good Cop................................................David Lightman |
| Bad Cop.....................................................Anesthesia |
| Editorial Assistance, Research, & Footwork.......................Storm |
| Editing, Interviews, Public Polling, Canvassing.............Pink Freud |
| |
| Table of Contents...................................................01 |
|* AC/DC...............................................................02 |
|* Chemical of the Month <Anesthesia>..................................03 |
|* Poet's Corner.<To the Mosquitoes by Perry Ferrel>...................04 |
|* Virus World <Anesthesia>............................................05 |
| Executive Orders <George T. Knoblauch>..............................06 |
|* Through the LoopHole <David Lightman>...............................07 |
| Editorial on Unfair Transportation Acts <Bob White>.................08 |
| How to Use the Freedom of Information Act <FOIA, Inc.>..............09 |
|* Food for Thought <Storm>............................................10 |
|* SoapBox <Anesthesia>................................................11 |
|* BBS Connection......................................................12 |
|* Gnus Around Town....................................................13 |
|* Feedbag.............................................................14 |
| Addendum (Omissions, Apologies, etc.)...............................15 |
| |
|* - denotes regularly published columns |
+--------------------------------------------------------------------------+
We [the volunteer staff of Phirst Amendment] and its contributors do
not take responsibility for the use of the information contained in this
publication. It is provided for your information. Any means by which one
may use the information contained herein is strictly up to that individual.
Any damages incurred by the use of this information is solely the
responsibility of the person taking that action. Also, any library
containing this publication is not responsible for the use of information
contained within, as they are merely encouraging the application of First
Amendment rights.
+--------------------------------------------------------------------------+
| AC/DC |
| Anesthesia's Comments/Daiv's Comments |
+--------------------------------------------------------------------------+
/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\AC/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
Well, as time has passed, we have met quite a number of unusual people.
We have also seen quite an increase in the comments we've been getting from
just about everywhere. Plus, we've started getting more promises of
articles. So. now I think I should re-affirm our views.
We are a free-form publication that exists to express the views of our
staff as well as others who submit articles, news, feedback, etc. We just
like to show different views from all walks of life. Maybe some of it will
interest you, maybe some won't. It also may affect you to hear it. Plus,
it helps carry the other messages that we are trying to drive home to the
maximum audience.
We have also expanded our media to include a paper-form newsletter.
This began with issue #4 and we have retro-edited #1 to fit this format.
Now we are looking for carriers for it. So, if you ask, we will send it to
you. (It's identical to the digital version.) You can pass this printed
version on to your favorite bookseller or press. That way we'll be able to
make each issue easily available.
Like I said, plenty of changes this year. We Are listening to you!
One thing we are trying to maintain, though, is the element of FACT!
Sometimes we make mistakes (as can anyone) but for the most part we always
try to insure that doubtful things are checked out. If we DO make a
mistake, we're not afraid to admit it. If you know that something we've
published is incorrect, let us know. We'll be sure to announce our error
and clear up a possibly confusing situation. Also, we added a disclaimer
that will be featured in each and every issue just to cover ourselves from
any potential blame from articles featured in Phirst Amendment.
I have many articles in the works. As soon as I get home I will begin
adding them. I also plan on putting some of my previously written articles
in this magazine. That includes such things as my text on how to create
havoc in your school, malls, businesses, and other such fun places, my
acronym database, my articles on extreme damage and other things like that.
Thanks for reading. I hope we keep you entertained.
-------------------------------------DC------------------------------------
We got together, knowing we had to do something about what's going on
in our society today. We'd all rebuked the ideas force-fed us, but NOW was
the time to do something. We needed a common-ground.
"Arizona's a nice place, lots of hip people around, maybe we can get
some assistance in this matter, there", mentioned Daiv.
"Who the hell's gonna pay it?" queried Anesthesia.
"I will. We can get part time jobs to pay major bills, and use my
savings for whatever else comes up," said Daiv nonchalantly.
"Okay, as long as you're footing the bill", chimed Storm (Storm chimes a
lot.)
So they loaded up the truck and moved to Phoenix... Arizona, that is -
sand dunes, bumper cars... <Banjo solo>
Anyway, we've overdone our stay here. We've devised a link to keep us
in touch as we part. All authors that were flown in, were flown back home.
The phone lines are disconnected. The apartment is empty. And we even got
most of our deposit back.
We're moving to an island nation far from the motherland. It's
location isn't important, but hopefully, everything will work out right at
that distance.
One thing I WOULD like to mention, though: I'd really like to get more
articles from the readers of this publication. At least let us know your
perspective on what we're doing. If you like it, tell us! It gets kinda
hard thinking that there are only 20+ people who care, of the thousands that
read this mag.
Next issue, we WILL have a mailing address for U.S. (SNAIL) mail. Feel
free to send donations, subscription fees, etc. The printed copies end up
costing approximately $1.50 with first-class postage and all. The research
for each issue can cost between $100 to $750 depending on whom we fly in,
whom we interview, what books we buy, etc. So, as you can see, any support
is useful, and all support is welcome.
-Daiv
"Complain all you want, we'll print more!" - David Lightman
[I've enjoyed Devo quite a bit and for some time. I can appreciate the work
involved in their music. I have this tendency to overlook lyrics. Since
we've started this column, I've learned to appreciate the political candor
of so many lyricists. This song, as are so many, is representative of MY
point of view, and how I feel about this publication and our goals.]
+--------------------------------------------------------------------------+
| Poet's Corner |
| by Devo |
+--------------------------------------------------------------------------+
Shout!
I'm shouting- about the world outside.
I'm shouting- because you just can't hide,
I'm shouting- from the plain, honest truth.
I'm shouting- There's so much we can do.
Shout! - I'm shouting...
Shout! - I'm shouting...
Shout! - I'm shouting...
Shout! - I'm shouting...
I'm shouting- because it's hard to believe,
I'm shouting- it's so easy to see.
I'm shouting- Waiting for a reply,
I'm shouting- for the very last time.
Shout! - Baby, this one's for you,
Shout! - for everything that you do.
Shout! - Until the battle is won,
Shout! - We'll live to fight on and on.
And when you add it all together, and when you roll it in a ball,
and when you watch them build the pyramid, as it's about to fall-
Remember you were there, remember if you dare,
all those who held their ground, when it all came down
said- SHOUT!
Shout! - Baby, this one's for you,
Shout! - for everything that you do.
Shout! - Until the battle is won,
Shout! - We'll live to fight on and on.
/\/\/\/\/\/\/\/\/\/\/\/\/\ Chemical of the Month /\/\/\/\/\/\/\/\/\/\/\/\/\
by Anesthesia
Acetic Anhydride
(C4 H6 O3)
AKA: Acetyl Oxide, Acetic oxic, Ethanoic anhydride
Description: Colorless liquid, strong acetic odor
Uses: Manufacture of pharmaceuticals, perfumes, dyes, vinyl acetate;
Esterfying agent for food starch.
Hazards: Moderately toxic; can damage skin.
Keep cool and dry.
Will Explode on contact with:
Sulfuric Acid
Nitric Acid
[Due to popular response, more things to do while bored at home...]
** CO2 Bomb **
Empty CO2 cartridges can be used as mini-bombs or grenades, either
singly or in groups; possibly attached to a central pipe bomb or grenade
device.
A 3/16" diameter hole is drilled into the neck of the cartridge. A
small funnel is used to fill the bomb with black or smokeless powder. A
section of 3/16" diameter cannon and hobby fuse is now glued into the hole.
Be sure to cut the ends at a diagonal; this will insure positive ignition of
the powder. If a fragmentation effect is most desirable to your cause, a
layer of finish nails, or even tacks, can be taped to the outside of the
cartridge. The nails may be dipped in the toxin of your choice.
A fragmentation device with a greater blast-radius can be made by
taping several of these small bombs to a central pipe bomb or grenade. The
fuses of the individual bombs are trimmed to the same length and the ends
are to be held together, loosely, with a rubber band. These fuses should be
set to burn for several seconds [at LEAST!] than the main bomb or grenade
fuse. When the main bomb explodes, the mini-bombs will, in turn, spray
their respective areas with shrapnel. [The fuse rate will be accelerated by
the heat caused from the blast, burning 2-10 times as fast as it does during
standard situations.]
The fuse should always be tested before use to determine the specific
burning rate. Each new roll of fuse should be tested, as the burning rate
may vary from one roll to another. Also, depending on if you have a large
spool or small bobbin of fuse, the inner-most layers of fuse may have been
compressed and/or had some of their flammable powder removed. In any
combination of these cases, the burn rate can vary as much as 25%. The
better the fuse (like you're going to `easily' come across REALLY good fuse)
the less likely this phenomenon is likely to occur.
[Thanks go to Dr. 8ball for his recommendation and `submission' of this
pseudo-letter. It was included in an album by Jane's Addiction entitled
Ritual de lo Habitual. It is included to create a feeling of 'not being
alone' in this matter. It has the potential to stimulate some of the
younger (school-aged) readers, who may not see the scope of the crimes
committed against us, into action. Also, parents, please learn from the
mistakes of YOUR parents. Don't do the same things to your children!]
+--------------------------------------------------------------------------+
| To The Mosquitoes |
| by Perry Ferrel |
+--------------------------------------------------------------------------+
To The Mosquitoes,
We have more influence over your children than you do, but we love your
children. Most of you love them too, very much. You want what's best for
them. Consider them when planning the future, right? Oh, Mother, Father,
your blindness to our most blessed gift - NATURE - leaves us with the
overwhelming task of correcting your utter mess. It also proves that you
are no judge of art, nor of beauty. We learn from you how to become ideal
adults? There are subjects that you passed over. Or maybe they are too
painful to speak about?
Nature and Art - What could be more breathtaking?
I used to wish sometimes that I was a black man. I listened to the way
black men spoke when they spoke about freedom, justice, and human rights.
And in the way they spoke, I was sure they were speaking the truth. At the
same time, there was a faint buzz, spreading to all of us the suggestion
that the black man was not to be treated equally. For this, I envied the
black man because it gave him a passion for his living and a cause to die
for.
Would you have ever imagined there would be children swinging in
polluted playgrounds?
Do you have children? Do you see yourself in them yet? Do they do
whatever you tell them, or do they question authority? Do you take the time
to explain things to them, or Do you blame the rest of the world for their
mistakes?
I used to wish sometimes that I was a woman. A woman is the most
attractive creature nature has to offer a man. Why, then, is it such a
shame to see her unclothed? I feel more shame about a man watching a Quick-
Mart being built. How complementary a woman is to a man! Their giving of
love is fearless. Nature did right in tying the infant to the female. Yet
they also carry a sense of sadness. Quite like the premonition of danger
they hide but can't shake from their minds. I understand they want to
protect their children, but for their own good, let me point out that though
you may have to explain subjects to your children that you perceive as
wrong, it is better to have the freedom to explain it in your own words than
to be silenced under a government that has the power to squash anyone who
opposes their views. It may one day evolve to be your child: that stands as
opposition, who opposes the faint buzz that suggested to us all that women
are beneath men. That was not always the case.
Try to restrict our freedoms, and we will fight harder to preserve
them.
Mothers and Fathers, Grandmothers and Fathers, Great-Grandmothers and
Fathers, Great-Great-Grandmothers and Fathers, you are responsible for more
destruction to this planet that in all of mankind's history combined.
You've invented weapons capable of destroying every forms of wild animal and
vegetation. I am not sure what condition the world we are inheriting is
really in. I just have a fear of smokestacks, and I don't trust the men who
feed their flames.
The paper these words [were] written on also contain[ed] the music of
Jane's Addiction. The music is original, the cover is not. [The cover is
the Parental Advisory - This album contains explicit lyrics logo. I believe
the word `Fuck' is used once or twice... in the WHOLE album!] The original
cover is as colorful as the music. It is a daydream of the music, made
tangible. It will take effort to get, it is being sold, but we are having
difficulties. There is an invisible force, the same one you have heard
faintly buzzing your entire life. This time it buzzes much louder. I myself
have felt its pain. When I looked down a the spot where it hurt, I saw a
very small mosquito. A bug so old, it was known to Confucius as the
"Intellectual Mosquito." He sucks off of you and he sucks off of me.
Sometimes to realize you were well, someone must come along and hurt
you.
I have grown to become proud of myself. I have aligned with all those
who have been stung by suppression. As heirs to this planet, we must
maintain, honor, and enjoy the Gift of Freedom. A cause to validate
everyone's life? Indeed.
The world looks at America because WE are the beautiful!
Perry Ferrel
1990
}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{
} Virus World {
} by Anesthesia {
}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+}+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{+{
This month's `Virus World' is a company review - an excellent company
that produces various virus-related newsletters, products, and scanners I
receive.
American Eagle Publications, Inc.
P.O. Box 41401
Tucson, AZ 85717
Send for their catalog and tell them that Phirst Amendment sent you.
Their newsletter is `Computer Virus Developmental Quarterly.' It is a
very `open-minded journal' that covers both sides of the virus scene. They
offer many disassemblies of current viruses. All seem very well commented
to help even beginning programmers understand how viruses work and how to
look for them.
This really IS a publication that doesn't hold back. I am aware they
once had a sample issue. They may still be able to send you a copy - so be
sure to ask for it.
As a favor to me, I would appreciate any comments on things you would
like to see featured in this section. This time, it is left short on
purpose- I have many great things planned for it. These plans will evolve
as time goes by, but I would like to hear what you folks out there want to
hear about.
[I find a lot of static down military lines, when I squeeze my sources for
data. I've been hearing a lot about gays in the military. A lot of people
figure, "If it doesn't pass Congress, it won't be law!" That's not the
case. There have been many precedents of executive orders allowing a law
that would NOT pass to become just as binding. Clinton knows this avenue is
effective. Here's how it works...]
+--------------------------------------------------------------------------+
| Executive Orders |
| by George T. Knoblauch |
+--------------------------------------------------------------------------+
Let's eyeball the executive branch of the national government. This
will be a beauty! Caesar is alive and well in Washington, D.C. You better
believe it.
Earlier mention was made of executive orders. Our research shows the
first use of these orders was by President George Washington for household
expenses. It was an order signed by him for normal expenses which would be
accepted by the Treasury Department and paid. Simple enough.
The Federal Bureau of Investigation was formed under an executive order
by Teddy Roosevelt on July 26, 1908.
The first time it was used to make a law was in 1916 by President
Woodrow Wilson. It was said to be an 'emergency' measure and Congress was
encouraged to validate it. They did.
The door was now open to ignore the Constitution.
This is the same method used by Franklin Roosevelt in 1933 to close all
the banks in the country. Remember our gold? Americans were ordered to
turn in all their gold to local banks. AFTER this was done, King Roosevelt,
by executive order, raised the value of an ounce of gold from $20.00 to
$35.00! Guess who that benefitted? International bankers and central banks
around the world... that's who.
Americans who turned in their gold were royally screwed.
What are the duties of the executive branch? To make laws or to see
that they are faithfully executed?
Nothing in our Constitution allows the president to pass a law or make
a law under any circumstances. Nor is there any suggestion that the Congress
can delegate their law-making authority to the executive branch, emergency
or no emergency!
Yet they have done it and they continue to do it without any permission
in the Constitution or any amendment.
How do they ignore their oath to uphold and support the constitution?
Why not ask them?
Let's explore their law making activities... government uses a
publication called the Federal Register where all regulations are published
daily. (Regulations? Where the hell did that come from?) This publication
amounts to more than 70,000 pages a year. Here is where the executive
orders are published.
When they appear, they remain in limbo for 30 days and the Congress or
any citizen can write and object to it. 70,000 pages a year would take a
full-time staff member of each member of the Congress to watch and study
these 'regulations.' Congress pays no attention to the Federal Register.
At the end of the required thirty days, all these regulations become
'law' and have the full effect of law! There are occasions where these are
challenged in courts when they have affected some individual and a few have
been overturned. See how simple they have made it? Write it, put it in a
federal publication and if no one says anything about it, it mysteriously
becomes law.
All sorts of regulations from every division of the executive branch
are published in the Federal Register and this is where all the goodies are
listed. If you doubt the 'laws' in the Federal Register have teeth, write
the Government Printing Office and request a copy.
What happened to the concept that only the Congress can make a law?
Did you say it was OK or was there an amendment passed by the people
allowing this to go on?
Now let's look at some of the real dirty work they have done with
executive orders... There are over 12,000 laws of this type on the books
now. Congress, when asked, does not even know what they are. This is our
law-making body. Part of the government that is supposed to "establish
justice, insure domestic tranquility, provide for the common defence,
promote the general welfare and secure the blessings of liberty"... snicker,
snicker...
This one is really scary... A blueprint for a dictatorship!
Executive Order No. 11921 was published in the Federal Register in June
1976 and updated since. This is the master plan for tyranny and the death
of our Constitution.
All the President has to do is declare a national emergency and big
brother will or can take over every form of newspaper, radio and television
stations. They will confiscate your CB's, weapons, tell you where to live,
work, how much food you can have, establish rationing and price controls.
In effect, they can declare martial law and you will not be able to do
anything about it. Neither can the Congress.
Can you imagine a law like this on the books in this country?
All they are waiting for is a certain set of circumstances and someone
who wants to be a dictator and away we go.
If you haven't heard or read about Executive Orders, this one
especially, let me break the bad news. It's on the books.
Most bureaucrats and their egghead lackeys, when asked about this
executive order, will say it only concerns the orderly control of the
country if we have a nuclear attack. This is a cock-eyed lie!
The opening words of Executive Order 11921 are blunt: "WHEREAS our
national security is dependent upon our ability to assure continuity of
government, at every level, in any national emergency type situation that
might conceivably confront the nation; and WHEREAS effective national
preparedness planning to meet such an emergency, including a massive nuclear
attack..."
Look closely at the words they are using, "any national emergency...
including massive nuclear..." is clear.
They can decide what the emergency is and it does NOT have to be
nuclear attack.
Congressional investigators began to look into this subject and found
470 special statutes which can be invoked by the President in a declared
national emergency. Where the hell did they find the power for him to be
able to declare a national emergency?
Senator Mathias testified before a House Judiciary committee in 1975:
"Under the authority delegated by these statutes, the President may
seize property; organize and control the means of production; seize
commodities; assign military forces abroad; institute martial law; seize and
control all transportation and communication; regulate the operation of
private enterprise; restrict travel; and in a plethora of particular ways,
control the lives of all American citizens."
This is only the frosting... Wait until we look at the real powers they
will have when they decide which day will be 'X-Day'.
How can this be? From this 1975 testimony, Congress is aware of what
can be done yet they do nothing to control this power. Are they all part of
this 'mutual admiration society' in the cesspool known as Washington DC?
Most will probably tell you "I don't know this, so it must be false." Where
did we go wrong? How did they assume this power in absolute violation of
the Constitution and all the oaths they have taken before they took office?
What was it the President swore? "That I will faithfully execute the
office of the President of the United States, and will to the best of my
ability, preserve, protect and defend the Constitution of the United
States."
Is this preserving, protecting and defending the Constitution? Is
their oath just a bunch of words to be recited when they take office? If he
were going to do what his oath requires, why hasn't a president told
Congress to pass a law abolishing executive orders? Why hasn't the Congress
simply taken the law-making ability away from the president? Why hasn't
Congress assumed their duties as required by the Constitution? Looks like
we have allowed things to get away from us in the last few years, doesn't
it? What do our kids have to look forward to if we don't stop this horse
dung now?
Let's take a look at some of the powers they will assume if there is
"any national emergency, including nuclear attack":
Part 9-Department of Commerce
Section 901. Resume of Responsibilities. The Secretary of Commerce
shall prepare national emergency plans and develop preparedness programs
covering:
(1) The production and distribution of all materials, the use of all
production facilities (except those owned by, controlled by, or under the
jurisdiction of the Department of Defense or the Atomic Energy Commission),
the control of all construction materials, and the furnishing of basic
industrial services except those otherwise assigned, including:
(a) Production and distribution of and use of facilities for petroleum,
solid fuels, gas, electric power and water;
(b) Production, processing, distribution, and storage of food resources
and the use of food resource facilities for such production, processing,
distribution and storage;
(c) Domestic distribution of farm equipment and fertilizer;
(d) Use of communications services and facilities, housing and lodging
facilities, and health, education, and welfare facilities;
(e) Production, and related distribution, of minerals as defined in
Subsection 702(5), and source materials as defined in the Atomic Energy Act
of 1954, as amended; and the construction and use of facilities designated
as within the responsibilities of the Secretary of the Interior;
(f) Distribution of items in the supply systems of, or controlled by,
the Department of Defense and the Atomic Energy Commission;
(g) Construction, use, and management of civil aviation facilities; and
(h) Construction, use and management of highways, streets, and
appurtenant structures; and
(i) Domestic distribution of health resources.
Scary? Unbelievable? You bet it is. And this is on the books right
now just waiting for the moment to declare any type of national emergency.
Do you believe for a moment that we will still be using our computers
with the freedom we enjoy today? <Chuckle...>
Let's just suppose there were several major bank failures and powers
that be decided that they couldn't afford any more failures. A national
emergency was called. Under part 17 of the same executive order, they will
take over the complete supervision of all banks and banking operations... To
the point that they will decide if you can take any money out of your
account. They will demand to know what you will spend it for and decide how
much you can have. However, if they do not have enough funds to give the
full amount, they can ration the funds. If they figure you want your money
to hoard it, they can simply refuse to give it to you. Cute?
This includes all banking facilities, so don't feel safe just because
your money is in a credit union. They have everything covered! Each check
they honor for over $1000 will have to have both sides photographed and of
course, none of these regulations will apply to any transactions between
banks. Just who does this money belong to?
Is it still the United States? Makes you wonder... For those who
dabble in the stock market, under part 25 they will assume the power to
close the market, suspend any redemption rights, freeze prices of stocks
and bonds. Then they will allow it to reopen only when they decide
conditions permit and under their complete control.
Remember when Roosevelt changed the value of an ounce of gold from $20
to $35? Who benefitted then? Not us.
And for you readers who own property and believe that property belongs
to you, we have a little surprise. Not if this executive order becomes
effective. You will own nothing then. Here's what Part 22 of the Executive
Order has to say about that:
(9) National industrial reserve and machine tool program. Develop
plans for the custody of the Industrial plants and production equipment in
the national industrial reserve and assist the Department of Defense, in
collaboration with the Department of Commerce, in the development of plans
and procedures for the disposition, emergency reactivation, and utilization
of the plants and equipment of this reserve in the custody of the
Administrator.
(10) Excess and surplus real and personal property. Develop plans and
emergency operating procedures for the utilization of excess and surplus
real and personal property by Federal Government agencies with emergency
assignments or by State and local governmental units as directed, including
review of the property holdings of Federal agencies which do not possess
emergency functions to determine the availability of property for emergency
use, and including the disposal of real and personal property and the
rehabilitation of personal property.
What do they mean by excess property? Will they tell you what of your
property is excess? Are these decisions meant to punish people who had the
foresight to put away coins or food for bad times? If you have been wise
enough to sock these items away, please don't tell anyone.
And what is 'rehabilitation of personal property?' If someone doesn't
like the way you use your property, will they take it from you and give it
to someone else? Rehabilitation is 'restoring to good operation or good
management.'
Are these powers we granted to the central government under the
Constitution? Where do they get the idea that they can issue Executive
Orders and decide a certain day that the Constitution is dead?
Did you notice that the Department of Commerce will take over all
housing and lodging facilities, does that mean your home also? Maybe it
also needs rehabilitation?
They will assume control of all health, education and welfare
facilities. You'd better believe it will include all schools, public and
private, elementary and secondary. There will be no arguments about school
prayer or momentary silence anymore. The decision will be made for us.
The implications are staggering. This is a blueprint for a dictatorship
and slavery. No, I haven't been smoking loco weed... this is for real.
Plans are all set "to assist civilian educational institutions, both
public and private, to adjust to demands laid on them by a large expansion
of government activities during any type of emergency. This includes advice
and assistance to schools, colleges, universities, and other educational
institutions whose facilities may be temporarily needed for Federal, State,
or local programs in an emergency."
Wonder what they mean by "adjust to demands laid upon them by a large
expansion of government activities?" Again notice the special words:
"during any type of emergency." They didn't even mention major nuclear
attack.
Since "large expansion of government activities" is not defined, do
they have any limitation? All this is in store for American citizens.
They have established what they call the 'Federal Preparedness Agency'
under the General Services Administration which has the responsibility to
see that this program is carried out. We should keep our eye on the GSA.
Better yet, get after Congress to get this law making ability taken
away from the executive branch of government.
This program of executive orders is the most dangerous weapon in the
hands of government designed to make us all slaves. If "X" day is called,
America will be no more and we will be powerless to do anything about it.
Our action has to be NOW. Waiting one day too long will be one day too late.
Many will not believe this could happen in our country.
Write Congress and raise questions about this. Ask how they delegated
their law making powers to the executive branch.
Ask where they found this authority. Ask your Congressman for a copy
of this particular executive order.
Imagine 12,000 laws of this type on the books at the present... All
without any authority from us. And of course, no need to tell the American
people about these, they wouldn't understand them anyway.
Is this part of the glory of the position in government? Congress has
delegated emergency powers to the president... Congress has no power or
right to delegate any of their powers. Nowhere in our Constitution does it
say anything about giving 'emergency powers to the president'.
The argument goes that in today's world, time could be important and
the president has to be able to act quickly. It may be true, however, it
cannot be in this country with out a grant for that authority from the
people.
No where does the right appear to do any thing in case of a mistake or
an emergency. The procedures are well defined and it is our duty to see
that they are observed. There is no other way in America!
If they feel granting emergency powers is so important, propose an
amendment to the Constitution and see if we will agree to the importance.
Of course the amendment procedure is slow and cumbersome. It was meant to
be that way. We have ordained and established the authority for our
government and only we can agree to changes.
Just because a practice has been used for a long period does not make
it right. If the practice was unconstitutional when it began, it is still
unconstitutional.
George Washington wrote in his Farewell Address: "The basis of our
political systems is the right of the people to make and alter their
constitutions of government. But the constitution which at the time exists
till changed by an explicit and authentic act of the whole people is
sacredly obligatory upon all."
He plainly recognized the basis for our government. When did this
change occur? It has been said that tyranny comes on slowly. Before anyone
realizes it, it's present. Is that what we have today?
Is this the vehicle to make our sovereignty disappear and for the USA
to become a full-fledged member of the United Nations under [the Republican]
New World Order?
_ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ _
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Through the LoopHole - - - < - - >- - by David Lightman
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X
/ \
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_ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ , _ _ _ __ __ __ _ _ _ _
Here we go again, a trip into the world of grey. Where what may be -
sometimes is, and what should be - seldom is. Poetic, eh? Anyway, this
time I've decided to go in a different direction. We are going to cover
money - plain and simple. How to spend it and make it at the same time.
Credit Cards:
Use and Abuse
Credit is excellent. It is a tool to get what you would like to have a
few months later - NOW! It can also get you in a shit-load of trouble. If
one, say, puts a new stereo on Visa, gets married, buys a new car, house,
wedding bands, etc. Then - depression hits! She hates him and wants a
divorce, he has a breakdown and can't hold a job for a couple years...
Blammo! The Credit Report from Hell in 3D!
Here's how to take these harmless looking little things and make them
HELP you:
A. Buy only the things that you would normally buy... just a little
sooner and with someone else's money!
B. Establish a budget, of sorts. Essentially, figure out how much and
how often you will buy things.
C. Use this budget to determine what amount you should spend/charge on
which items.
When looking for a credit card, look for $0! Yes, ZERO dollars, annual
fee. The interest rate is of no concern at this time. The two are
generally mutually exclusive. There are other uses for credit cards for
which the interest rate is of great concern; this is NOT one of them. So
if you have a choice between a high yearly fee with low interest and no
annual fee with high interest... opt for NO fee. Also, look for grace
periods on purchases. That is, a long amount of time for the bill to arrive
and have no interest charged on your purchases.
If one would budget, say, $1000 for a stereo system, but wouldn't have
that amount for two months, NO PROBLEM! Buy it at the beginning of your
billing cycle. It wouldn't have to be paid for two months. Some banks have
a grace period will give you 25 days from your billing date and then another
30 days to pay the bill after they send it to you. So that's two months to
save up the money for that stereo.
PAY THE BILL EXACTLY WHEN IT IS DUE! Not sooner - not later. Sooner,
and you are wasting the opportunity to earn interest from your money while
it sits in your savings/investment account. Later, and you are paying your
credit card company 1.75% per month to let you buy things.
So after keeping that additional $1000 in your savings account earning
6% (what mine earns as of April 1993) per year, you will have made $10.03
(over 1%) after two months. When interest rates rise, as they always do,
this process is much more lucrative. Discover is bragging about getting
cash back (up to a whopping (sic) 1%!!) based on your annual purchases.
This can be done with ANY bank card. This is the ONE situation which exists
where the more one spends, the more one saves. One can buy groceries, car
parts, computer parts, books, everything imaginable on Visa or MasterCard.
That sure beats spending $210/year for $1000 worth of credit!
Another thing one can do is to receive 'cash back' without incurring
the interest! Generally, bank cards charge interest from the MOMENT the
cash is received, but give a grace period on purchases: Buy things for
friends. When out shopping with friends, and someone wants to buy some
stupid crap with cash... have him/her give YOU the money and put it on your
charge.
Even though Visa charges businesses 4-7% per transaction, some places
are willing to give cash back when presented an item for return without a
receipt. I am not suggesting shoplifting! But if you bought it on your
credit card and return it... You now have the cash they gave you to spend
however you wish. Some places don't take credit cards - they don't have to,
you now have cash! It could be put in savings and earn interest. You will
make money off of money you never had in the first place!
In legal-ese, it would be reaching, but somewhat applicable, to call
this 'floating.' I'll get to how that works in a bit. But floating
interest-free credit is not QUITE the same or as illegal as floating CASH.
Although, banks and lending institutions (the system) would prefer you
didn't know how or decide to do this. Regardless, each business that honors
a credit card for payment pays up to 7% (depending on the card, and how much
business they do) for the luxury of allowing customers to use that card.
All of these activities will assist you in generating a positive credit
report. Credit reporting agencies don't care how much you pay in interest,
only in how much you buy on credit. So, by buying tons of crap, and paying
$0.00 in interest, your report will be chock full of credit! This can be
helpful for some of the hints that I will give in later issues. A positive
credit report can be used to generate tons o' bucks.
[An insightful bit from a new source... a little information on yet ANOTHER
way the public is being jammed by individuals with a little too much power,
and not enough care, except for their own shirts.]
+--------------------------------------------------------------------------+
| Editorial on Unfair Transportation Acts |
| by Bob White |
+--------------------------------------------------------------------------+
There are many ways the U.S. government robs it own citizens. The
following is only an example of the thousands of ways that decent, hard-
working Americans are stripped of their rights every day.
The rights being violated here, are those of truck drivers who drive
semis cross-country. If you are not a trucker, you may not think this
article pertains to you - it pertains to you more than you may think.
Truck drivers, as soon as they cross a state line, have to stop at the
nearest port of entry or weigh station. Here they have to pay large fines
to buy trip and fuel permits. Yes! they have to pay just to drive on
public roads and even pay to carry fuel in their tanks. They are also
searched and have their log books looked through, and ANY discrepancy
results in a citation with a heavy fine. These are usually from petty
things that violate one of millions of obscure statutory laws.
A friend of mine has experienced this first hand. While driving
through the Midwest, his truck was searched for over three hours by an
obnoxious woman who was determined to give him a ticket. She finally did.
The reason for the citation was explained as "having a loose projectile in
the cab". That loose projectile was a pencil on the dash.
I bring this up because I feel these fines and permits DO go against
the Constitution: Section 8 of Article 1 clearly states:
"No preference shall be given by any regulation of commerce or revenue
to the ports of one state over those of another: NOR SHALL VESSELS BE BOUND
TO; OR FROM ONE STATE BE OBLIGED TO ENTER, CLEAR, OR PAY DUTIES IN ANOTHER."
[Emphasis added]
If you throw this at them, they just laugh at you like the constitution
is meaningless. This is due to a criminal organization called the
Department of Transportation. It has assumed legislative, executive, and
judicial powers that it cannot legally have. By overriding Article 1, they
are violating Amendment 14, Section 1, which states:
"No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States."
Driving on public roads is not a privilege of citizens, as the DMV
would have you believe, but it IS a constitutionally guaranteed right. This
could even suggest that paying for licenses or having them revoked for
misdemeanors is unlawful. (I DO believe that dangerous drivers (eg. Drunken
Drivers) should have their privileges revoked.)
This is another aspect to look at. Sure, it's terrible that the
government is giving truckers the shaft. But who really pays for all those
fines? They put many hard-working individuals out of the industry. [Maybe
THAT'S why there are all those ads for Trucker Schools...-Daiv] My father
is only one of the thousands of casualties of this conflict. People who own
small trucking outfits can barely make a living, if they can at all. But
large companies just absorb these fines as 'transportation costs' that end
up on the price tags of shipped items. That means that you and I, the good
ol' American consumers, are the ones who pay for these activities.
The DOT says they have to have these fines in order to raise revenue.
My question is "FOR WHAT?" Someday, I would like to meet someone who can
honestly say he's seen them FIX the roads. [What about the additional 25+
cents per gallon of gas paid as 'transportation tax' that Americans are
sheltered from having to see - as all prices are 'tax included'?] Look at
the ancient Roman roads made of concrete - they are still there and in
pretty good shape. But THAT would destroy a lot of government jobs and end
a lot of deadlock in the state capitols, and you KNOW they cannot let THAT
happen. The individuals involved would never approve of a measure that gets
them fired, no matter HOW much it would help the rest of the country/state.
If you are at all offended by this or any other government snow-job,
then it is time to start taking action. We, as Americans, need to begin
standing up for our rights before Washington takes them all away. Do NOT be
fooled into believing that you cannot fight the system. They are supposed
to be YOUR servants [civil servants... I've heard of them...] NOT the other
way around. If Daiv is interested, I would like to do a report on a subtle
way to fight Uncle Sam. It is a method known as 'tacit procuration' [the
act of obtaining silently] and is VERY effective when done properly. It
will take a while to gather the references, so that may end up being several
issues down the road.
If you would like to know more about the statutes that truckers are
fined for, I recommend you go out to an Amoco on the interstate and strike
up a conversation with a trucker. Ask them what they think about the DOT.
You are bound to get some very colorful responses.
[One of the first requests I've received as editor of this publication was
to help others to utilize the Freedom of Information Act. After much
searching and help from others, I've located the following. It should be of
great help to ALL who wish to use the Freedom of Information Act.]
+--------------------------------------------------------------------------+
| How to Utilize The Freedom of Information Act |
| by FOIA, Inc. |
+--------------------------------------------------------------------------+
The following kit is an invaluable resource for those wanting to pry
out information from our wonderfully secretive government. Ever wanted to
know what 'files' the Government has on YOU?? Or what files the NSA/DIA/CIA
may have on UFOs, the JFK assassination, Nugan-Hand, BCCI and other lies of
our times? [ Here you go...do with it what you will. :> ]
The following sections are for individuals or organizations who wish to
make an FOIA application to a federal agency. Please read the instructions
before making your application.
There are 6 sections: 1> FOIA Instructions
2> FOIA Application
3> FOIA Fee Waiver
4> FOIA Appeal
5> Federal FOIA Addresses
6> FBI Offices nationwide.
<1> FOIA Instructions
USING THE FREEDOM OF INFORMATION ACT
The Freedom of Information Act entitles you to request any record
maintained by a federal Executive branch agency. The agency must release
the requested material unless it falls into one of nine exempt categories,
such as "national security", "privacy", "confidential source" and the like,
in which case the agency may but is not compelled to refuse to disclose the
records. This article contains all the materials needed to make FOIA
requests for records on an individual, an organization or on a particular
subject matter or event.
INSTRUCTIONS
HOW TO MAKE A COMPLETE REQUEST
Step 1: Select and make copies of the sample letter. Fill in the blanks in
the body of the letter. Read the directions printed to the right margin of
the letter in conjunction with the following instructions: For individual
files: Insert the person's full name in the first blank space and any
variations in spelling, nicknames, stage names, marriage names, titles and
the like in the second space. Unlike other requests, the signatures of an
individual requesting her/his own file must be notarized. For
organizational files: In the first blank space insert the full and formal
name of the organization whose files you are requesting. In the second
blank space, insert any other names, acronyms or shortened forms by which
the organization is or has ever been known or referred to by itself or
others. If some of the organization's work is conducted by sub-groups such
as clubs, committees, special programs or through coalitions known by other
names, these should be listed. There is no need to notarize signature for
organizational requests. For subject matter or event files: In the first
blank space state the formal title of the subject matter or event including
relevant dates and locations. In the second blank space provide the names
of individuals or group sponsors or participants and/or any other
information that would assist the agency in locating the material you are
requesting.
Step 2: The completed sample letter may be removed, photocopied and mailed
as is or retyped on your own stationary. Be sure to keep a copy of each
letter.
Step 3: Addressing the letters: Consult the list of agency addresses on
section 5 of this kit.
FBI: A complete request requires a minimum of two letters. Send one letter
to FBI Headquarters and separate letters to each FBI field office nearest
the location of the individual, the organization or the subject
matter/event. Consider the location of residences, schools, work, and
other activities.
INS: Send a request letter to each district office nearest the location of
the individual, the organization or the subject matter/event. Address each
letter to the FOIA/PA office of the appropriate agency. Be sure to mark
clearly on the envelope: Attention FOIA Request.
FEES
In 1987, a new fee structure went into effect. Each agency has new fee
regulations for search and review time and for duplication of released
documents. Commercial requesters must pay for search and review time and
for duplication costs. News Media representatives and Educational and
Scientific Institutions whose purpose is scholarly or scientific research
pay for duplication only. Public Interest groups who can qualify as press,
educational, or scientific institutions will be charged duplication costs
only. All other non-commercial requesters are entitled to up to 100 pages
of free copying and up to 2 hours of free search time. Requesters will have
to pay fees for work that extends beyond those limits unless they qualify
for a fee waiver or reduction (see below). No fee may be charged if the
cost of collection exceeds the fee. Advanced payment may not be demanded
unless a requester has previously failed to pay on time or the fee exceeds
$250.
FEE WAIVER
You will notice that the sample letter includes a request for a fee
waiver with instructions for the agency to refer to an attached sheet. Fees
for all non-commercial requesters, beyond the 2 hours/100 page/automatic
waiver described above, may be waived or reduced if the disclosure of the
information is: in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of the
government and is not primarily in the commercial interest of the requester.
You should always request a waiver or fees if you believe the information
you are seeking will benefit the public. Read the fee waiver worksheet for
non-commercial users included in this kit on page 5 for help in composing a
request for a fee waiver. If your request for a waiver is denied, you
should appeal that denial, citing the ways in which your request meets the
standards set in the attached fact sheet.
HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO...
AND WHAT TO DO IF YOU DON'T
After each agency has searched and processed your request, you will
receive a letter that announces the outcome, encloses the released
documents, if any, and explains where to direct an appeal, if any material
has been withheld. There are four possible outcomes:
1. Request granted in full: This occurs very infrequently. If the response
indicates that the agency has released all records pertinent to your
request, with no exclusions or withholdings, you will receive the requested
documents with an agency cover letter, or if bulky, the documents may be
mailed under separate cover.
Next step: Check documents for completeness (see instructions below) and
make an administrative appeal if you find a discrepancy between your own
analysis and that of the agency (see instructions below).
2. Request granted in part and denied in part: This response indicates that
the agency is releasing some material but has withheld some documents
entirely or excised some passages from the documents released. The released
documents may be enclosed or, if bulky, mailed under separate cover.
Next step: Check documents for completeness (see instructions below) and
make an administrative appeal of denials or incompleteness (see instructions
below).
3. Request denied in full: This response and the denied part response
indicate that the agency is asserting that material in its files pertaining
to your request falls under one of the nine FOIA exemptions. These are
categories of information that the agency may, at its discretion, refuse to
release.
Next step: Make an administrative appeal (see instructions below). Since
FOIA exemptions are not mandatory, even a complete denial of your request
can and should be appealed.
4. No records: This response will state that a search of the agency's files
indicates that it has no records corresponding to those you requested.
Next step: Check your original request to be sure you have not overlooked
anything. If you receive documents from other agencies, review them for
indications that there is material in the files of the agency claiming it
has none. For example, look for correspondence, or references to
correspondence, to or from that agency. If you determine that there are
reasonable grounds, file an administrative appeal (see instructions below).
HOW TO CHECK DOCUMENTS FOR COMPLETENESS
Step 1:
Before reading the documents, turn them over and number the back of
each page sequentially. The packet may contain documents from the agency's
headquarters as well as several field office files. Separate the documents
into their respective office packets. Each of these offices will have
assigned the investigation a separate file number. Try to find the
numbering system. Usually the lower right-hand corner of the first page
carries a hand-written file and document number. For instance, an FBI
document might be marked "100-7142-22." This would indicate that it is the
22nd document in the 7142nd file in the 100 classification. As you inspect
the documents, make a list of these file numbers and which office they
represent. In this way you will be able to determine which office created
and which office received the document you have in your hand. Often there
is a block stamp affixed with the name of the office from whose files this
copy was retrieved. The "To/From" heading on a document may also give you
corresponding file numbers and will help you puzzle out the origin of the
document. When you have finally identified each document's file and serial
number and separated the documents into their proper office batches, make a
list of all the serial numbers in each batch to see if there are any missing
numbers. If there are missing serial numbers and some documents have been
withheld, try to determine if the missing numbers might reasonably
correspond to the withheld documents. If they don't, the release may be
incomplete and an administrative appeal should be made.
Step 2:
Read all the documents released to you. Keep a list of all documents
referred to in the text, including letters, memos, teletypes, reports, etc.
Each of these "referred to" documents should turn up in the packet released
to you. If any are not in the packet, it is possible that they are among
the documents withheld and a direct inquiry should be made. In an
administrative appeal, ask that each of these "referred to" documents be
produced or that the agency state plainly that they are among those
withheld. List each "referred to" document separately. The totals of
unproduced vs. withheld must be within reason; that is, if the total number
of unproduced documents you find referred to in the text of the documents
produced exceeds the total number of documents withheld, the agency cannot
claim that all the "referred to" documents are accounted for by the withheld
category. You will soon get the hang of making logical conclusions from
discrepancies in totals and missing document numbers. Another thing to look
for when reading the released documents is the names of persons or agencies
to whom the document has been disseminated. The lower left-hand corner is a
common location for the typed list of agencies or offices to whom the
document has been directed. In addition, there may be additional
distribution recorded by hand, there or elsewhere, on the cover page. There
are published glossaries for some agencies that will help in deciphering
these notations when they are not clear. Contact FOIA, Inc. if you need
assistance in deciphering the text.
Finally, any other file numbers that appear on the document should be
noted, particularly if the subject of the file is of interest and is one you
have not requested. You may want to make an additional request for some
of these files.
HOW TO MAKE AN ADMINISTRATIVE APPEAL
Under the FOIA, a dissatisfied requester has the right of
administrative appeal. The name and address of the proper appeal office
will be given to you by each agency in its final response letter. This kit
contains a sample appeal letter with suggestions for adapting it to various
circumstances. However, you need not make such an elaborate appeal; in
fact, you need not offer any reasons at all but rather simply write a letter
to the appeals unit stating that "This letter constitutes an appeal of the
agency's decision." Of course, if you have identified some real
discrepancies, you should set them forth fully (for example see Step 2 under
"How to Check Documents for Completeness"), but even if you have not found
any, you may simply ask that the release be reviewed. If you are still
dissatisfied after the administrative appeal process, the FOIA gives you the
right to bring a lawsuit in federal district court.
MONITORING THE PROGRESS OF YOUR REQUEST
You should receive a letter from each agency within 10 days stating
that your request has been received and is being processed. You may be
asked to be patient since requests are being handled on a first come first
served basis. The best strategy is to be "reasonably" patient, but there is
no reason to sit complacently and wait for an interminable period of time.
A good strategy is to telephone the FOIA office in each agency after about a
month if you have received nothing of substance. Ask for a progress report.
Note the name of the person you speak to and what they say. Continue to
call every 4 to 6 weeks. Good record keeping helps avoid time-consuming
and frustrating confusion. A loose-leaf notebook with a section devoted to
each request simplifies this task. At the beginning of the request process,
sometimes it is difficult to foresee what course of action you will want to
take in the future. Keep copies of all correspondence to and from each
agency. They can be inserted between the notes on phone calls so that all
relevant material will be at hand for future use, including phone
consultations, correspondence, newspaper articles, preparation for media
appearances, congressional testimony or litigation.
<2> FOIA Application (all agencies)
[NOTE: All the text in braces [] is for your information. Do NOT include
in request]
[NOTE: Start by photocopying several copies of this letter or retype if you
prefer]
SAMPLE REQUEST LETTER FOR ALL AGENCIES
Date:
To: FOIA/PA Unit
o FBI Headquarters
o FBI Field Office:
o Other Agency:
[Check box for appropriate agency]
This is a non-commercial request under the Freedom of Information and
Privacy Acts. I have attached a sheet setting out my application for a fee
waiver of any fees in excess of those which are provided free because of my
category.
My category for fee and fee waiver purposes is (check one):
o request for personal file; no search fee and 100 free pages.
o journalist, academic or scientist; no search fee and 100 free pages.
o other non-commercial requester (group or person); 2 hours free search
and 100 free pages.
I request a complete and thorough search of all filing systems and
locations for all records maintained by your agency pertaining to and/or
captioned:
___________________________________________________________________________
___________________________________________________________________________
including, without limitation, files and documents captioned, or whose
captions include [describe records desired and/or insert full and formal
name]
___________________________________________________________________________
___________________________________________________________________________
This request specifically includes where appropriate "main" files and
"see references," including but not limited to numbered and lettered sub
files and control files. I also request a search of the Electronic
Surveillance (ELSUR) Index, or any similar technique for locating records
of electronic surveillance and the COINTELPRO Index. I request that all
records be produced with the administrative pages. I wish to be sent copies
of "see reference" cards, abstracts, search slips, including search slips
used to process this request, file covers, multiple copies of the same
documents if they appear in a file, tapes of any electronic surveillance,
photographs, and logs of physical surveillance (FISUR). Please place
missing documents on "special locate." I wish to make it clear that I want
all records in your office "identifiable with my request," even though
reports on those records have been sent to Headquarters and even though
there may be duplication between the two sets of files. I do not want just
"interim" documents. I want all documents as they appear in the "main"
files and "see references" of all units of your agency.
If documents are denied in whole or in part, please specify which
exemption(s) is(are) claimed for each passage or whole document denied.
Give the number of pages in each document and the total number of pages
pertaining to this request and the dates of documents withheld. I request
that excised material be "blacked out" rather than "whited out" or cut out
and that the remaining non-exempt portions of documents be released as
provided under the Freedom of Information Act.
Please send a memo (with a copy or copies to me) to the appropriate
unit(s) in your office to assure that no records related to this request are
destroyed. Please advise of any destruction of records and include the date
of and authority for such destruction. As I expect to appeal any denials,
please specify the office and address to which an appeal should be directed.
I can be reached at the phone listed below. Please call rather than write
if there are any questions or if you need additional information from me. I
expect a response to this request within ten (10) working days, as provided
for in the Freedom of Information Act.
Sincerely,(Signed)____________________________________________
Name (print or type):_______________________________
Address:____________________________________________
____________________________________________
____________________________________________
Telephone:_________________
Social Security number (optional): _______
(for personal files) (for organization files)
Date of Birth:____________________ Date of founding: _______________
Place of birth:___________________ Place of founding: ______________
Address of organization:___________________________________
___________________________________
___________________________________
[MARK CLEARLY ON ENVELOPE: FOI/PA REQUEST]
<3> FOIA Fee Waiver
Fee Waiver Worksheet for Non-Commercial Requesters
All non-commercial requesters are entitled to apply for a fee waiver
for charges in excess of those which are provided free because of
requester's category. Following amendments to the FOIA in October 1986, the
Justice Department issued a memo outlining six criteria to be used by
agencies in determining whether or not to grant fee waivers. Many
Congresspeople dispute the memo's legality, pointing out its invitation to
subjective judgements, and its proclivity to intimidate requesters.
Nevertheless, until the six criteria are eliminated, either by Congress or
court decisions, requesters will have to address them in order to qualify
for a fee waiver. To apply for a fee waiver, attach a separate sheet of
paper to your request letter explaining in narrative form how your request
satisfies each of the following six criteria.
(All highlighted phrases in the following text are taken directly from the
Justice Department memo):
(1) Explain how the records you are requesting are likely to shed light on
the operations or activities of the government.
(2) Describe how the records you are requesting will contribute to the
understanding of government operations or activities. If the information
being requested is not already in the public domain bring this fact to the
agency's attention.
(3)a. Explain to the agency how the public will ultimately benefit from the
information you are requesting. Legislative history and recent case law
indicate that the "public" is not limited to U.S. public nor must it be the
"public at-large."
For example, Representatives English and Kindness jointly stated during
recent Congressional debate, "Public understanding is enhanced when
information is disclosed to the subset of the public most interested,
concerned or affected by a particular action or matter." Furthermore,
District Court Judge Harold Greene in a 1987 opinion involving a request by
a Canadian newspaper said, "There is no requirement in the [FOIA] statute
that news media seeking fee waivers [must] serve the American public
exclusively, or even tangentially... an FBI official does not have the
authority to amend the law of the United States by restricting it beyond its
plain terms." In other words, the public you seek to educate does not have
to reside in the United States, nor is the size of that public relevant to
your entitlement to a fee waiver.
(3)b. Explain to the agency your qualifications (educational, work
experience, etc.) for understanding the requested information and outline
your ability and intention to disseminate the information once it has been
obtained. You might want to cite any of the following activities in order
to demonstrate your ability and intention to disseminate information to the
public: writing newspaper or scholarly articles, writing books, granting
interviews, public speaking engagements, preparing Congressional testimony,
producing pamphlets, videos, film, radio programs, etc.
(4) The Justice Department memo stipulates that the contribution to public
understanding must be "significant." What constitutes a "significant"
contribution is clearly susceptible to subjective interpretation. However,
we suggest that you make reference to current news stories, efforts to
correct the historical record or expose government or corporate fraud or
threats to public health and safety. Broadly speaking, any information that
would enable the public to hold the government accountable for any of its
operations or activities can be persuasively argued to be a "significant"
contribution to public understanding.
(5) and (6) Explain to the agency (if it is the case) that any commercial
interest that will be furthered by the requested records is not the primary
interest when compared to the public interest that will be served. For
example, if the information is requested pursuant to the publication of a
book, you should explain (if it is the case) that this book is not destined
to become a bestseller because of topic, publisher, or anticipated audience,
etc. News media representatives, scholars or scientists, should make
requests for documents and fee waivers on the appropriate institutional
letterhead. Similarly, requests for organizational files should be made on
the appropriate letterhead. You have a right to file an administrative
appeal if you receive an adverse decision regarding either your fee category
or fee waiver request. The letter containing the adverse decision will tell
you to whom you should direct the appeal.
<4> FOIA Appeal
SAMPLE ADMINISTRATIVE APPEAL LETTER
Date:
To: FOIA/PA Appeals Office
RE: Request number [Add this if the agency has given your request a number]
This is an appeal pursuant to subsection (a)(6) of the Freedom of
Information Act as amended (5 U.S.C. 552).
On [date], I received a letter from [name of official] of your agency
denying my request for [describe briefly the information you are after]
This reply indicated that an appeal letter could be sent to you. I am
enclosing a copy of my exchange of correspondence with your agency so that
you can see exactly what files I have requested and the insubstantial
grounds on which my request has been denied.
[Insert following paragraph if the agency has withheld all or nearly all the
material which has been requested]
You will note that your agency has withheld the entire (or nearly
entire) document that I requested. Since the FOIA provides that "any
reasonably segregable portion of a record shall be provided to any person
requesting such record after deletion of the portions which are exempt,"
I believe that your agency has not complied with the FOIA. I believe that
there must be (additional) segregable portions which do not fall within the
FOIA exemptions and which must be released.
[Insert following paragraph if the agency has used the (b)(1) exemption for
national security purposes to withhold information]
Your agency has used the (b)(1) exemption to withhold information.
[I question whether files relating to events that took place over twenty
years ago could realistically harm the national security.]
[Because I am familiar with my own activities during the period in question,
and know that none of these activities in any way posed a significant threat
to the national security, I question the designation of my files or portions
of my file as classified and exempt from disclosure because of national
security considerations.]
[Sample optional arguments to be used if the exemption which is claimed does
not seem to make sense; you should cite as many specific instances as you
care to of items withheld from the documents that you have received. We
provide two examples which you might want to adapt to your own case.]
"On the memo dated ______ the second paragraph withheld under the
(b)(1) exemption appears to be describing a conversation at an open meeting.
If this is the case, it is impossible that the substance of this
conversation could be properly classified."
Or,
"The memo dated ____ refers to a meeting which I attended, but a
substantial portion is deleted because of the (b)(6) and (b)(7)(c)
exemptions for unwarranted invasions of personal privacy. Since I already
know who attended this meeting, no privacy interest is served by the
withholding."
I trust that upon examination of my request, you will conclude that the
records I have requested are not properly covered by exemption(s) ____
[insert the exemption(s) which the agency's denial letter claimed applied to
your request] of the amended FOIA, and that you will overrule the decision
to withhold the information.
[Insert following paragraph if an itemized inventory was not supplied by the
agency]
If you choose to continue to withhold some or all of the material which
was denied in my initial request to your agency, I ask that you give me an
index of such material, together with the justification for the denial of
each item which is still withheld. As provided in the Freedom of
Information Act, I will expect to receive a reply to this administrative
appeal letter within twenty (20) working days. If you deny this appeal and
do not adequately explain why the material withheld is properly exempt, I
intend to initiate a lawsuit to compel its disclosure. [You can say that
you intend to sue if that is your present inclination even though you may
ultimately decide not to file suit.]
Sincerely,
name
address
signature
[MARK CLEARLY ON ENVELOPE: ATTENTION: FREEDOM OF INFORMATION APPEALS]
<5> FOIA Addresses of selected Federal Agencies
Administrative Office of the U.S. Courts (202)633-6117
Washington, DC 20544
Bureau of Prisons (202) 724-3198
320 1st St NW
Washington, DC 20534
Central Intelligence Agency
Information and Privacy Coordinator
Washington, DC 20505
Civil Service Commission
Appropriate Bureau (Bureau of Personnel Investigation, Bureau of Personnel
Information Systems, etc.)
Civil Service Commission (202) 632-4431
1900 E Street NW
Washington, DC 20415
Commission on Civil Rights General Counsel, (202) 376-8177
U.S. Commission on Civil Rights
1121 Vermont Ave NW Rm 600
Washington, DC 20405
Consumer Product Safety Commission (301) 492-6580
1111 18th St NW
Washington, DC 20207
Defense Intelligence Agency (202) 697-8844
The Pentagon
Washington, DC 20301-6111
Department of Defense/Department of the Air Force (202) 545-6700
Freedom of Information Manager
Headquarters, USAF/DAF
Washington, DC 20330-5025
Department of Defense/Department of the Army (202) 545-6700
General Counsel Secretary of the Army
The Pentagon, Rm. 2E727
Washington, DC 20310
Department of Defense/Marine Corps (202) 694-2500
Commandant of the Marine Corps
Department of the Navy Headquarters,Marine Corps
Washington, DC 20380-0001
Department of Defense/Dept. of the Navy (202) 545-6700
Chief of Naval Operations
OP 09 B30 Pentagon, Rm. 5E521
Washington, DC 20350-2000
Department of Energy (202) 252-5000
1000 Independence Ave SW
Washington, DC 20585
Department of Justice/General Administration
(includes Civil Rights Division, Antitrust Division, Drug Enforcement
Admin., Immigration and Naturalization Service)
FOIA/Privacy Act Unit(of the appropriate division)
Department of Justice (202)633-2000
Constitution Ave & 10th St NW
Washington, DC 20530
Department of Labor (202) 523-8165
200 Constitution Ave NW
Washington, DC 20210
Department of State (202) 647-3411
Director, Freedom of Information Bureau for Public Administration
Department of State,
Rm 239 2201 C St NW
Washington, DC 20520
Department of the Treasury Internal Revenue Service (202)566-5000
1111 Constitution Ave NW
Washington, DC 20224
(Consult phone book for regional offices)
Environmental Protection Agency (202) 382-4048
Freedom of Information Office A101
Room 1132 West Tower 401 M St SW
Washington, DC 20460
Equal Employment Opportunities Comm. (202) 634-6922
Office of Legal Services
2401 E St NW Rm. 214
Washington, DC 20507
Attn. Richard Roscio, Associate. Legal Counsel
Federal Communications Commission (202) 254-7674
1919 M St NW
Washington, DC 20554
Food and Drug Administration (301) 443-1544
5600 Fishers Lane
Rockville, MD 20857
Health and Human Services
200 Independence Ave SW
Washington, DC 20201
Housing and Urban Development (202) 755-6420
451 Seventh St SW
Washington, DC 20410
National Aeronautics & Space Administration (202) 453-1000
400 Maryland Ave SW
Washington, DC 20546
National Archives and Records Service (202) 523-3130
Pennsylvania Ave. at 8th St NW
Washington, DC 20408
National Labor Relations Board (202) 632-4950
1717 Pennsylvania Ave NW
Washington, DC 20570
National Security Agency (301) 688-6311
Ft. George G. Meade, MD 20755-6000
National Security Council (202) 395-3103
Old Executive Bldg
17th & Pennsylvania Ave NW
Washington, DC 20506
Attn: Brenda Reger
Nuclear Regulatory Commission Director, (202) 492-7715
Office of Administration
Washington, DC 20555
U.S. Secret Service (202) 634-5798
1800 G St NW
Washington, DC 20223
Attn. FOIA/ Privacy Office
Securities and Exchange Commission (202) 272-2650
450 5th St NW
Washington, DC 20549
U.S. Customs Service (202) 566-8195
1301 Constitution Ave NW
Washington, DC 20229
U.S. Agency for International Development (202) 632-1850
320-21st St NW
Washington, DC 20532
U.S. Office of Personnel Management (202) 632-5491
1900 E St NW
Washington, DC 20415
U.S. Postal Service Records Office (202) 245-5568
475 L'Enfant Plaza SW
Washington, DC 20260-5010
Veterans Administration (202) 389-2741
810 Vermont Ave NW
Washington, DC 20420
<6> FBI Addresses & phone numbers nationwide
DIVISION ADDRESS TELEPHONE
Albany, NY 12207 502 U.S. Post Office and Courthouse 518-465-7551
Albuquerque, NM 87102 301 Grand Ave. NE 505-247-1555
Alexandria, VA 22314 300 N. Lee St 703-683-2680
Anchorage, AK 99513 701 C St 907-276-4441
Atlanta, GA 30302 275 Peachtree St. NE 404-521-3900
Baltimore, MD 21207 7142 Ambassador Rd 301-265-8080
Birmingham, AL 35203 Room 1400, 2121 Bldg 205-252-7705
Boston, MA 02203 John F. Kennedy Federal Office Bldg 617-742-5533
Buffalo, NY 14202 111 W. Huron St 716-856-7800
Butte, MT 59702 U.S. Courthouse and Federal Bldg 406-792-2304
Charlotte, NC 28210 6010 Kenley Lane 704-529-1030
Chicago, IL 60604 219 S. Dearborn St 312-431-1333
Cincinnati, OH 45205 50 Main St 513-421-4310
Cleveland, OH 44199 1240 E. 9th St 216-522-1400
Columbia, SC 29201 1529 Hampton St 803-254-3011
Dallas, TX 75202 1801 N. Lamar 214-741-1851
Denver, CO 80202 Federal Office Bldg 303-629-7171
Detroit, MI 48226 477 Michigan Ave 313-965-2323
El Paso, TX 79901 202 U.S. Courthouse Bldg 915-533-7451
Honolulu, HI 96850 300 Ala Moana Blvd 808-521-1411
Houston, TX 77002 515 Rusk Ave 713-224-1511
Indianapolis, IN 46204 575 N. Pennsylvania St 317-639-3301
Jackson, MS 39264 100 W. Capitol St 601-948-5000
Jackonsville, FL 32211 7820 Arlington Expressway 904-721-1211
Kansas City, MO 64106 300 U.S. Courthouse Bldg 816-221-6100
Knoxville, TN 37919 1111 Northshore Dr 615-588-8571
Las Vegas, NV 89101 Las Vegas Blvd. S 702-385-1281
Little Rock, AR 72201 215 U.S. Post Office Bldg 501-372-7211
Los Angeles, CA 90024 11000 Wilshire Blvd 213-477-6565
Louisville, KY 40202 600 Federal Pl 502-583-3914
Memphis, TN 38103 67 N. Main St 901-525-7373
Miami, FL 33137 3801 Biscayne Blvd 305-573-3333
Milwaukee, WI 53202 517 E. Wisconsin Ave 414-276-4684
Minneapolis, MN 55401 392 Federal Bldg 612-339-7861
Mobile, AL 36602 113 St. Joseph St 205-438-3674
Newark, NJ 07102 Gateway 1, Market St 201-622-5613
New Haven, CT 06510 150 Court St 203-777-6311
New Orleans, LA 70112 1250 Poydras St., Suite 2200 504-522-4670
New York, NY 10278 26 Federal Plaza 212-553-2700
Norfolk, VA 23510 200 Granby Mall 804-623-3111
Oklahoma City, OK 73118 50 Penn Pl 405-842-7471
Omaha, NE 68102 215 N. 17th St 402-348-1210
Philadelphia, PA 600 Arch St 215-629-0800
Phoenix, AZ 85012 201 E. Indianola 602-279-5511
Pittsburgh, PA 1000 Liberty Ave 412-471-2000
Portland, OR 97201 1500 SW 1st Ave 503-224-4181
Quantico, VA 22135 FBI Academy 703-640-6131
Richmond, VA 23220 200 W. Grace St 804-644-2631
Sacramento, CA 95825 2800 Cottage Way 916-481-9110
St. Louis, MO 63103 1520 Market St 314-241-5357
Salt Lake City, UT 84138 125 S. State St 801-355-8584
San Antonio, TX 78206 615 E. Houston 512-225-6741
San Diego, CA 92188 880 Front St 619-231-1122
San Francisco, CA 94102 450 Golden Gate Ave 415-552-2155
San Juan, PE 00918 Hato Rey, PR 809-754-6000
Savannah, GA 31405 5401 Paulsen St 912-354-9911
Seattle, WA 98174 915 2nd Ave 206-622-0460
Springfield, IL 62702 535 W. Jefferson St 217-522-9675
Tampa, FL 33602 500 Zack St 813-228-7661
Washington, DC 20401 1900 Half St. SW 202-324-3000
[And now, for a success story, of sorts. How action by the people caused an
actual government agency to rethink itself and change its ways.]
+--------------------------------------------------------------------------+
| Food for thought |
| by Storm |
+--------------------------------------------------------------------------+
Way back in 1975, before many currently college-aged readers had a care
in the world, a woman by the name of Francis Moore Lappe wrote a book
entitled 'Diet for a Small Planet.' This book postulated concepts that many
wouldn't consider, especially at that time, even now. One concept was that
meat is not necessary for survival. In fact, a diet of meat is anti-
survivalist. This effect is not only on the personal level: getting sick
from ingesting the hormones and toxins present in the animal at the time of
slaughter. This effect has gone many steps beyond, into world survival.
There is simply not enough food, when wasted on slaughter stock production,
to feed our world, not even our nation.
Until February of this year, the USDA has been illustrating dietary
guidelines based upon data compiled in the 50's. The four food group
concept which placed wasteful meat as a priority has been known to be false
since the 70's! But special interest groups persisted and funded. Senators
and representatives know the magic of