The defendant agencies replied and filed 79 declarations. Only one of
those affidavits was acceptable, the other affidavits contained either
falsehoods, half truth, omissions, or were not supported by evidence.
The overwhellming majority of those affidavits indeed proved that the
defendants, the federal agencies, their employees, did not conduct
adequate searches and either failed to search to the names or subjects
to which I requested a search or failed to search in the adequate
records systems.
I filed affidavits in return to those inadequate, undetailed,
unspecific and also wrongful affidavits, which kept me busy for five
weeks. I documented in my affidavits and response motion that no
adequate searches were conducted and records were illegally denied to
me. I was able to demonstrate that the agencies did not conduct
reasonable and good faith searches and attached evidence to my
declarations, letters written by and documents generated by the
federal employees that clearly proved that the affidavits provided by
the agencies were no good faith declarations, but contained untrue or
inaccurate data, contained many obmissions and were not nonconclusiry.
I asked the judge to order defendants to file supplemental
declarations, which would clarify if they indeed searched, to explain
their records systems, to clarify to what names and subjects, time
period they searched in what records systems, what they came up with,
that they shall inform who conducted the search and why they did not
search in all records systems in which I requested a search.
The U.S. District Court of Columbia and the U.S. Court of Appeals for
Columbia Circuit agreed to adjudicate FOIA/PA cases as following:
"If challenged, the agency must show "what records were searched, by
whom, and through what process." Steinberg v. U.S. Department of
Justice, 23F.3d 548, 552 (D.C. Cir. 1994)(remanding issue of adequacy
of search where agency did not "describe in any detail" what records
were searched, by whom and through what process). And Sousa v. U.S.
Dept. of Justice, No. 95-375, 1996 U.S. Dist. LEXIS 18627, at 31-33
(D.D.C. Dec. 9, 1996) (directing agency to amend affidavits to
"provide a description of their filing system and an explanation of
why only certain files were searched).
As the U.S. courts are secretly infiltrated by non-American but German
still existing Nazi forces, those law opinions were deliberately
ignored by the court, judge Henry Kennedy.
Judge Kennedy is a judge that works now also under chief judge Thomas
Hogan, who doesn't know that there is no "U.S. Depot of Agriculture",
but only a Department of Agriculture in the United States, and
apparently signs everything that his case officer tells him to sign
without reading it first.
Kennedy read my affidvits, that were supported by documents that not
only I, but also the defendants had generated in earlier times that
proved that the 78 affidavits that the opposition provided were none
of good faith, that there were so much open questions and
contradictory material to their alleged searches and withheld
documents, that he had no legal grounds whatsoever to let the
defendants come away without ordering them to file supplemental
affidavits.
However, as the defendants, their attorneys and judge Kennedy are
partners in crime and belong all to the same German originated, German
controlled and German oriented infiltration of the U.S. government, he
did exactly what the German secret service ordered him through his ear
implants: To cover for the defendants, their illegal and criminal
acts, to let them come away and to dismiss my case.
I appealed to the U.S. Court of Appeals for Columbia Circuit, but as
they are same German controlled, they did not remand my case as they
did with Steinberg or Sousa, despite that there was much more crystal
clear evidence in my case that the defendants did not conduct lawful
searches, denied records to me illegally and filed bad faith
declarations.
As the judges denied my right to evidence to the FOIA/PA searches, I
had to get evidence myself. I filed new FOIA/PA requests to the
agencies and requested their internal records on me, e.g. FOIA/PA work
sheets, notes, memoranda, e-mail, computer printouts, ect., pertaining
to my former requests.
Read in installment three of this series what happened then and what
was mailed to me, and that this evidence even more doubtlessly
revealed that judge Kennedy never should have kicked my case out and
the appeal court should have never covered up his unconstitutional
actions to not treat me equal with others before the court.
Barbara Schwarz, January 8, 2003