Flight 800: Breakthrough!

One cannot underestimate the impact of what has just transpired in James and Elizabeth Sanderses' ongoing civil suit against the federal government and seven named individuals. The case number is federal EDNY, #01-CV-5447 JS.

The United States government has declined to respond to the Sanderses' summary judgment motion – "Rule 56.1 Statement." Incredibly, by so declining, U.S. Attorney Kevin Cleary has conceded that the Sanderses' 32 damning charges against his clients cannot be rebutted.

In so conceding, the Justice Department tacitly acknowledges that, yes, the TWA Flight 800 investigation has been corrupted and, no, we are not prepared to contest this fact.

In sum, Cleary has thrown in the towel on a case that ranks among the most egregious violations of a reporter's constitutional rights in the history of American journalism.

From the beginning, the story of TWA Flight 800, the one that James Sanders chronicled, has been a story of humanity betrayed – none more so than the 230 good souls aboard that doomed plane.

Fifty-three of the dead were TWA employees. James' wife, Elizabeth Sanders, had trained many of the attendants on board and knew several of the pilots. Their deaths wounded the sweet, vulnerable Elizabeth deeply. In the weeks afterward, she and her TWA colleagues passed numbly from one memorial service to another, their grief matched only by their growing anger at the obvious misdirection of the investigation. One of those colleagues, 747 pilot and manager Terry Stacey, would become James Sanders' best source within that investigation.

From the beginning, too, James Sanders has recognized the humanity of those who have tried to block him from telling this story. In his civil suit, as in his reporting – including the book he and I have co-authored, "First Strike, TWA Flight 800 and the Attack on America" – Sanders has never shied from putting a human face on injustice.

What makes Sanders' legal case so powerful is that he targets not merely the anonymous monolith of "government," but seven named defendants within. These are real people with real fears who, for a variety of reasons, yielded to those fears and betrayed the trust of the American people. For several years now, Sanders is all that has stood between them and knowledge that they got away with it. No doubt, they are anxious about this turn of events. One hopes major media will seek them out and exploit that anxiety.

As Sanders argued in his summary judgment motion, the named defendants used their legal authority not to protect the federal Flight 800 investigation, but to thwart Sanders' reporting on their own lawlessness. In the process, the defendants knowingly violated the First, Fourth and Fifth Amendments to the U.S. Constitution.

The persecution of Sanders can be traced to March 10, 1997, when California's Riverside Press-Enterprise headlined its front page with an article titled, "New Data Show Missile May Have Nailed TWA 800." Written by Loren Fleckenstein, the story identified James Sanders as an "investigative reporter," provided information on his previous non-fiction books, and described his inquiry into the FBI and NTSB Flight 800 investigation over the preceding five months.

This story created a significant problem for the Justice Department. The article's text confirmed that Sanders was on the trail of potential criminal activity within the Flight 800 investigation. As to those charged with containing the investigation, their worst nightmare had been realized. Forensic evidence had left the hangar. Some unknown person within the investigation had removed a pinch of material from the plane as telling and potentially damaging as Monica's famed "blue dress." That person was Terry Stacey. He removed it of his own volition and sent it to Sanders.

This piece of seatback was laced with the DNA of the crash, a reddish-orange residue trail that streaked across a narrow section of the plane's interior. The FBI had lifted samples in early September 1996, then refused to share the test results with the NTSB. For the record, those tests today remain classified under the guise of national security.

Once the story had broken, the Clinton Justice Department used its considerable powers to thwart Sanders. The key to its strategy was the denial of Sanders' standing as a journalist by two Justice Department lawyers, Valerie Caproni and Benton Campbell. The current Justice Department now concedes that these two attorneys did the following:

conspired to print factually false information in a Justice Department letter to deprive [James Sanders] of his civil rights afforded by the PPA (Privacy Protection Act). By falsely alleging they did not know plaintiff was a journalist, defendants conspired to create an illegal scheme allowing them to subpoena and obtain work product and documents because, per the scheme, they did not know [Sanders] was a journalist until after receiving work product and documents.

The charges went beyond the two attorneys. The current Justice Department has chosen not to contest the following related charge from Sanders' civil suit:

Within seconds of learning that the overarching conspiracy [FBI agents Jim Kallstrom and Jim Kinsley, NTSB Chairman Jim Hall, NTSB head of investigation Bernie Loeb, and NTSB head of the Fire & Explosion Team Merritt Birky] were engaged in to alter the outcome of the TWA 800 federal 'investigation' was compromised by [James Sanders], CAPRONI and CAMPBELL knew beyond any doubt that [Sanders] was a journalist protected by PPA and Justice Department CFR (Code of Federal Regulations) 50.10. Defendants CAPRONI and CAMPBELL, in order to protect themselves and their co-conspirators, knowingly and willfully widened the overarching conspiracy to include violating [Sanders] PPA civil rights by using grand jury subpoena power to illegally seize work product.

The Sanders' suit details the way this conspiracy worked and names those responsible. Again, the Justice Department has let these incriminating charges stand unrebutted:

Defendants, no later than March 11, 1997, falsely said the reddish-orange residue was glue. Defendants HALL and LOEB made this false statement to Congress on March 11, 1997. Defendant BIRKY inserted this false information into the Fire & Explosion Team "Factual Report" … Defendants removed substantially all reddish-orange residue from rows 17-19. LOEB was then given the assignment to lie to Congress and state there was no residue trail on the seats inside Calverton Hangar.

At the FBI's Nov. 18, 1997 press conference, Kallstrom made the following claim about this residue trail:

The seat cushion residue, reported in the Riverside, Calif., press, of the residue that someone said was rocket fuel. The truth is the material is contact adhesive.

We know without a doubt – without any doubt whatsoever – that it's the adhesive that holds the back of the seats together. It's not rocket fuel. It's not residue of a rocket, never was, never will be.

The Justice Department, in essence, now concedes Kallstrom's "statement was false, [and] known to be false." Justice also concedes that "KALLSTROM and KINSLEY conspired to create a factually false illusion that [James Sanders] had misrepresented the [red residue tests]."

In fact, the residue was demonstrably not glue. The Justice Department also concedes that another FBI agent gave false testimony about the red residue by choosing not to contest the following charge:

FBI agent Ken Maxwell, testifying at the [Sanders'] criminal trial April 7, 1999, falsely stated the FBI first observed the reddish-orange [trail] in late October to early November [1996]. This factually false statement was made as a part of a conspiracy with [Justice Department attorney] PITOFSKY to place the peak FBI point of interest in the residue at the same period of time [James Sanders] and [Terry] Stacey were discussing removal for testing purposes.

If there were a consistent strategy among the seven defendants, it was to de-humanize the Sanderses – to strip away their dignity and individuality. This strategy reached its tragi-comic peak on Dec. 5, 1997 when the FBI's New York office Internet site proudly headlined the story of the Sanderses' arrest: "Conspiracy theorist and wife charged with theft of parts from airplane," and scrolled it across the top of its home page. The arrest warrant was shot through with false statements. In his suit, Sanders would credit FBI agents Jim Kallstrom and Jim Kinsley for this misrepresentation – and the Justice Department now concedes these constitutional violations.

Here is another critical point that the Justice Department has chosen not to contest: "On Dec. 5, 1997, the New York Justice Department-FBI website, coordinated with the KALLSTROM-KINSLEY conspiracy to vilify [James Sanders]." By labeling Sanders a "conspiracy theorist" on its website, the FBI employed a subjective characterization that violates the FBI's own guidelines.

Things got uglier four days later when FBI agent Jim Kinsley paraded James and Elizabeth through a throng of reporters, their hands cuffed behind their backs. Throughout it, Elizabeth worried deeply about what her aging mother, a Philippine immigrant, would think. Sanders would remember her hurt in his civil suit and charged Kinsley with inflicting it by orchestrating a gratuitous and illegal "perp walk."

Kinsley was also involved in one of the more clever bits of illegal mischief. As the Sanderses charge, and the Justice Department concedes, federal prosecutor David Pitofsky recognized that Kinsley's seizure of Sanders' computer was illegal. So Pitofsky initiated a scheme in which relevant printouts of that information would be sent to publisher Alfred Regnery. He and Kinsley then jointly contacted Regnery and demanded the publisher turn all over related documents in his possession, which he did.

At almost every turn in this sordid tale, cleverness trumped honor. The legal deck was stacked from the beginning and the jury pool poisoned. In April 1999, James and Elizabeth Sanders stood trial in Long Island before a jury shielded from the knowledge that James Sanders was acting as a journalist uncovering the criminal acts of federal agents, let alone that he was being prosecuted by the very agents he had hoped to expose.

As typical in a criminal trial, the prosecution got the last word. "A conspiratorial government going after these people?" David Pitofsky scoffed. "And, to what end? What is the government's motive? Ask yourself that. What is the government's motive to falsely implicate these people?"

One can hardly fault the jury for not knowing. They heard nothing about corruption within the investigation. They did not know about James Sanders' First Amendment right to expose that corruption or that his attempt to assert that right had been denied.

All they knew was that these two likely thieves may or may not have conspired to steal evidence from a crime scene. And why believe these "conspiracy theorists"? The establishment media obviously didn't. Besides, what reason did their government have to "falsely implicate these people?"

The jury returned after less than two hours of deliberation. Elizabeth clutched her husband's hand, almost too anxious to speak. She hoped for the best, but feared the worst. The worst is what they got.

"Guilty as charged" – both Sanderses – not only for conspiracy, but also for aiding and abetting in the theft of the fabric. The audience gasped in disbelief. Even Judge Joanna Seybert looked stunned.

David Pitofsky beamed in delight. "The jury understood," he said, spinning nonsense even in victory, "that no responsible reporter would believe they could break into a place to get a story.'' At this sad moment of truth, as she wept softly, one thought flashed through Elizabeth's mind, "What will my mother think?"

The Justice Department now concedes that it "fabricated a defense where none existed" in earlier opposing the Sanderses' civil action. It also concedes there is no defense for the 32 counts of federal lawlessness committed in pursuit of destroying a journalist and his wife.

Today, as the Sanderses await Judge Seybert's summary judgment ruling, the major media have the opportunity finally to recognize the innocent, to rebuke the guilty and to avenge the dead. Whether they choose to tell it or not, this is a story that will not go away.

The Federal Government must go out of their way to be open and even-handed about these kinds of things. Instead we've been served such things as:

- Arlen Specter's "Single Bullet Theory."

- The knee jerk 'probably picked up anthrax while jogging through the Florida wilderness' theory.

And of course, Flight 800 reactiveness.

Doesn't cause us to believe our government out of hand on all things. (Then there was the Gulf of Tonkin 'crisis....')

Either it was a terrorist missile, or it was our own US Navy, on training in the area that fateful night.

Other variations are possible. Perhaps there was a terrorist plane loaded with explosives trying to take out flight TWA 800, and the Navy was on high alert, tracking this, and tried to shoot down the terrorist, but was a few seconds late, and the missile(s), the terrorist and TWA 800 basically all end up in the same general area, putting on a real fireworks show.

How about the US Navy being put on alert to look for Islamic terrorists in a boat with a stinger.

Or instead of the terrorist with a stinger, how about a terrorist in a private jet, loaded with explosives, trying to blow himself up in close proximity to TWA 800.

But, yeah, something like that. The evidence in the First Strike book is overwhelming. Sometimes the crowd decrying all this as tin foil hat speculation is right, sometimes they are wrong. You have to look at the facts of the case to have a good idea who's right.

And this time, one thing I am certain of. This was no spontaneous center fuel tank explosion due to mechanical and/or electrical malfunction of aircraft components.

The evidence in the First Strike book is overwhelming. Sometimes the crowd decrying all this as tin foil hat speculation is right, sometimes they are wrong. You have to look at the facts of the case to have a good idea who's right.

Over 100 witnesses from all over Long Island claim to have seen a red streak go up towards the aircraft, several with prior experience in the military identified as a missile. When you plot their sightings they all triangulate to the same place as the source of the missile. Now how would over 100 people who have no connection with each other manage to fabricate something like that if it were not in fact true?

I don't like it when our government lies to us. I'd like to hear the truth

I agree.

However, I remain unconvinced that there is even the slightest intention on the part of our "government" to be honest with those who give them their power.

Additionally, once a liar is discovered.........

Every statement before and after are now, in my opinion also lies.

Admit the lies, tell the truth and trust will follow.

Until that happens, our government has nocredibility.

What professional aviators?

From the post 80 link you apparently ignored, they are ...

Admiral Thomas Moorer USN/Ret
Admiral Moorer, is the former Chairman of the JointChief's of Staff and the most Senior Retired Military Officer in the Group

Brig. General Ben Partin, USAF/Ret
General Partin was instrumental in developing continious rod-missile systems.

CMDR. William S. Donaldson USN/Ret
Commander Donaldson is the former Officer-in-Charge of Carrier Battle Groups Air Traffic Control Center, an air crash investigator and the author of the Interim Report to Congress on TWA Flight 800

Captain Al Mundo TWA/Ret
Captain Mundo is a retired TWA Pilot

Captain Howard Mann TWA/Ret
Captain Mann is a former TWA Pilot, an air crash investigator, participating in four air crash investigations during his career and the most senior retired commercial pilot in the group.

Major Fred Meyer NYANG/Ret
Major Meyer is a decorated Vietnam Pilot and an eyewitness to the downing of TWA Flight 800.

Rear Admiral Mark Hill, USN/Ret
Admiral Hill, is the former Commanding Officer ofthe USS Independence and an Air Crash Investigator.

Cmdr. Bruce Valley, UNS/Ret
Cmdr. Valley is a retired Naval Aviator and currently President of GlobNet, Inc.

Dr. Gregory A. Harrison, P.E.
Dr. Harrison is a professional Fire Safety Enginneer with a Phd. in Safety Engineering. He has extensive experience in fire investigations, flammable liquids and explosions. Dr. Harrison is court qualified to testify on forensics in Md/VA/DC/NJ/PA/LA/TX and FLA.

#1 Clinton bombing Iraq in 97-98 had nothing to do with impeachment.

Nope. Wag the dog. Not a conspiracy, whcih is an agreement by more than one to do an illegal act. This was the abuse of power by one person.

#2 There are no links terrorist links to Saddam.

This has nothing to do with a conspiracy.

#3 The FBI Director and Janet Reno never obstructed any investigation.

Which investigation do you assert they obstructed?

#4 The Carinivore program doesn't exist.

I hope it does and hope it works.

#5 Vince Foster's hard drive wasn't destroyed.

I do not know.

#6 Mena Arkansas airport never had cocaine run through it.

Now you are showing your crazy stripes.

#7 There were no FBI files in the Clinton White house.

It is a matter of public recrd that there were.

#8 Ruby Ridge - The FBI told the whole Truth, and nothing but the Truth.

I do not care about Ruby Ridge. I do not care about guns or militias.

#9 Clinton never sold military/nuclear technology to the Chi-Coms.

This is a matter of public record. Clinton didn't sell the stuff. His donors did.

#10 WACO-Janet Reno did it to save the children!

I don't care about Waco. It wasn't handled well, but that's what happens when law enforcement meeets crazy people. Bad stuff happens. And it's usually the crazy peoples' fault. As here.

Ok, Let’s start from the top.

Admiral Morer is very ill, quite senile, and has been confined in a retirement home for years. Often does not know his name. CNN flummoxed him on the Tailwind story and paid Gen Singlaub $14,000,000 for libeling him in a story Morer supposedly backed up.

Benny Partin is a nut case first class. He is an expert on everything. Resume is often faked. When I was reporter in Texas, he would call us once a week with some secret conspiracy we needed to know about. Claims he has “secret knowledge” that OKC federal building blast was caused by not one, not two, but five bombs all going off at once. Just wants more headlines.

Donaldson died of a brain tumor some time ago. RIP

Al Mundo. Claims center tank could not have exploded because had no fuel in it. Seems to have no knowledge that fumes are more dangerous than the liquid fuel.

The list goes on……….

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