Favish's Oppositions to Petitions for Certiorari in Vincent Foster FOIA Case

Allan J. Favish Home Page ^ | March 24, 2003 | Allan J. Favish

[AJFavish]

Favish's opposition to the petitions for certiorari by the OIC and the two Foster family members (368 KB). Responses to certiorari petitions are optional, but the Court specifically requested that I file responses to the other two petitions. The document is available in the Foster section of my web site, but the direct link to the document is here:

http:// http://www.allanfavish.com/favish_opp_to_petitions.pdf

Regards,

Allan J. Favish
http://www.allanfavish.com

[AJFavish]

I was limited to 30 pages, so I could not give the Court the full detailed explanation of the problems with the Fiske and Starr reports, as I presented in the Ninth Circuit briefs. Soon the Court will decide whether to hear the case and if they hear it, they will get the full detailed explanation.

[timestax]

Good news! Now we might find out the truth!!

[Auntie Mame]

Wow! Awesome job. You really went at them this time. Bravo.

[Auntie Mame]

Hope you don't mind, here's one of the best parts, from a reader's standpoint (footnotes removed):

The Congressional “investigations” involving this death were so limited that they did not investigate the issue of whether Foster was murdered or committed suicide at the park.

Starr failed to tell the public and the three-judge panel that the Park Police and a medical doctor at the death scene reported that they saw no blood spatter on the vegetation in the area that would have been behind Foster’s head when he allegedly shot himself.

Starr failed to tell the public and the three-judge panel that the first person officially to see Foster’s deceased body and who testified that he did not see any gun in Foster’s hand, also testified that the “gun in hand” photo did not depict what he saw.

Starr and Fiske used an invalid gun identification.

Fiske and Starr failed to tell the public and the three-judge panel that the Park Police Chief made a false statement about alleged identification of the gun.

Fiske and Starr failed to tell the public and the three-judge panel that the medical report by the only doctor to examine Foster at the park reported a neck wound that officially did not exist and certified copies of his report are not the same and appear to have been improperly altered.

Starr falsely implied that the Park Police observed the entire autopsy and Fiske and Starr failed to tell the public and the three-judge panel that before the Park Police arrived, Foster’s tongue and soft palate were removed by the autopsy doctor who violated policy by beginning the autopsy before arrival of the police.

Starr failed to tell the public and the three-judge panel that three of the four witnesses who allegedly saw Foster’s car in the parking lot during a certain time period after he was dead, reported a car that was a different color than Foster’s. Although he accurately reported that the fourth of these witnesses reported seeing a car of a different color than Foster’s, Starr concluded that Foster’s car was in the parking lot without explaining why all four of these witnesses were mistaken and reported the same color car—one that was a different color than Foster’s car.

Starr relied on Dr. Henry Lee’s conclusion that Foster’s clothes revealed no evidence that Foster’s body had been dragged, without telling the public and the three-judge panel that this conclusion was worthless because the Park Police stated that they dragged Foster’s body when it began to slide down the hill during an examination.

Fiske and Starr failed to tell the public and the three-judge panel about an FBI memo to the Director of the FBI, written two days after the death, stating that the shot was fired into Foster’s mouth without leaving an exit wound, thereby directly contradicting Starr, Fiske and the official autopsy report.

Starr implied that the reason for the lack of readable x-rays of Foster is that the x-ray machine was not functioning properly. However, Starr failed to tell the public and the three-judge panel that the records show that the first service call for the x-ray machine was made more than three months after Foster’s death.

[secretagent]

Wondered what it meant, and so I Googled:

Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court. The U.S. Supreme Court still uses the term certiorari in the context of appeals.

Petition for Writ of Certiorari. (informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.

[zeugma]

do you have a ping list? I'd be interested in seeing the court's decision, but probably won't remember to check for it :-)

[PhiKapMom]

That's a great job! Never did think the Starr or Fiske reports made sense.

Wonder how much information Miguel Estrada saw of the Vince Foster case while he was working in the Solicitor General's office? Could explain the RATs lining up with Hillary running the show against Estrada. Just a thought!

[SteveH]

bamp-- useful also as a gauge as to whether or not the Supreme Court ready for a 2A interpretation case.

[Free the USA]

BTTT!

[Ditter]

I thank God for you & your determination to see this thru. Thanks for the ping. I will be anxiously awaiting the outcome.

[MHGinTN]

Thank you so much for your tenacity. Only by citizens staying on the trails will the truth come out on this and several other anomalous clintonoid ruses. Only with citizen pursuit will the 'most ethical administration' be exposed as the thieves, liars, traitors, and murderers they are/were.

[Tamzee]

Oh, wonderful news! Thanks so much for the heads up and all the work you are doing to bring all this to light...

Congrats for all the ground you've won so far, you are a true hero for America :-)

[aristeides]

Thanks for the update. Good luck!

[LurkerNoMore!]

Heads Up!

[reformed_democrat]

Thank you for the heads up.

I will be waiting anxiously for the court's decision.

[buffyt]

The lack of blood at the site where they found his body convinced me that his body was moved after death. When my son cut his head, a tiny cut, it bled so much that it soaked a towel. The doctor said "heads bleed a lot". I would think there would be a LOT OF BLOOD from a gunshot wound to the head.

[PhilDragoo]

The intervenors' claim that Favish must show compelling evidence of illegal activity does not appear in statute; it is a fiction.

The reference to witness testimony of neck wound reversed in later FBI reports smacks of the notorious history of this agency:

Its interviews are neither taped nor transcribed but merely summarized, and are frequently renounced by their subjects.

It is well to recall that the Clintons removed William Sessions and inserted Louis Freeh at the time to the Foster death.

Christopher Ruddy, The Strange Death of Vincent Foster, Free Press, 1997, and Ambrose Evans-Pritchard, The Secret Life of Bill Clinton, Regnery, 1997, present a clear picture:

Starr obfuscated; Miquel Rodriguez produced witnesses and evidence of a neck wound; Tuohey inflicted the death of a thousand cuts.

The assertion by the OIC that there were multiple investigations producing enormous volumes of materials is Warren redux.

That commission produced as much material as a circus elephant and of equal value.

As Favish stated the number of investigations is not as important as their credibility.

As the Oppositions points out, and as is shown in the two books referenced therein and above:

There was no blood spatter on the vegetation behind where the head would have been.

The gun appeared after the body was discovered.

The keys appeared in Foster's possession after Craig Livingston and Bernard Nussbaum visited the morgue.

The eyeglasses were not on Foster's person but far from his body.

The neck wound was observed by an eyewitness and on a photo Miquel Rodriguez had reprocessed by the Smithsonian's service.

The tongue and soft palate were removed.

The Foster car was both brown and gray.

A reading of the two sources will produce dozens more anomalies.

As much of interest is the effort mounted to suppress information and attack investigators.

Note that Geral Posner (Case Closed, 1993) turned from defending the Warren Commission to attacking Christopher Ruddy.

That 60 Minutes "interview" of Ruddy by Mike Wallace was done with 3-400 edits of a three-hour tape to produce 20 minutes.

The FBI which handed over 1,000 files on Clinton enemies to Craig Livingston and crucified Richard Jewell does not foster credibility.

And in the end that's all we ask of our government.

Bravo Zulu to Allan Favish for pursuing it through the Baghdad triple-A of the intervenors' aurae and penumbra.

[Fred Mertz]

Thanks for your diligence, Allan.

[amarok]

bump

[Plummz]

I was limited to 30 pages

That sounds shady in and off itself.