2/4/2000
Written by Wiggz...also known as the AlienZoo prohibitor of dullness.
Citizens Against UFO Secrecy (CAUS) will make its first court appearance in 17 years on Monday, when organization director and attorney Peter Gersten will make oral arguments in the Freedom of Information Act (FOIA) lawsuit CAUS vs. Department of Defense (DoD). U. S. District Court Judge Stephen M. McNamee denied DoD motions to dismiss the case, and will hear Gersten.s argument in his Phoenix, Arizona courtroom.
In its case, CAUS argues that the DoD did not adequately search for documents related to a triangular flying object, estimated to be as large as a football field (roughly 150 ft. by 300 ft.), seen flying at "tree-top level" in a number of areas of the U.S. over the last decade. Included in this description is the "Phoenix Lights" UFO, which streaked across Arizona on March 13, 1997.
CAUS must prove that the object exists, and naturally this would mean that the DoD would have information on the advanced craft.
If Gersten is successful on Monday, he will be granted 90 days to solicit depositions, or testimony, from witnesses who have seen the mysterious aerial object. Testimony gained would be used to determine whether DoD should conduct a search.
Of course, CAUS would require the resources needed to travel throughout the U.S. to videotape witness testimony. Yet, Gersten won.t be allowed to depose Peter Davenport, director of the National UFO Reporting Center, who has said that two federal employees told him that UFOs are real, that they represent some extraterrestrial intelligence, and that the government takes them very seriously. The Judge will not give Gersten the opportunity to question those employees.
A crossed-out box
CAUS wants to discover what kind of search for records the DoD performed per the CAUS FOIA request. For example: Were the Joint Chiefs of Staff and Defense Advanced Research Projects Agency (DARPA) sent an e-mail asking for information on flying triangles, as well as artist renditions and photos? DARPA supposedly was to have conducted a computer search, but what kind? Regardless, both departments were required to submit a form, Gersten said; the DARPA checked the .yes. box in answer to the "Were documents found?" question, but the box was crossed out, to answer in the negative.
"Using Richard Hoagland.s philosophy - that everything is a message . in this case the good guys might be trying to get a message out," Gersten opined.
The self-styled UFO lawyer can.t understand the DoD.s moves, but isn.t going to complain.
"Based on past experience, in the CIA and National Security Agency lawsuits [which CAUS fought in the past], both admitted to having documents, but held them on national security grounds," Gersten told AlienZoo. "And the court upheld that determination, so that they didn.t have to provide documents."
Gersten continued: "In all honesty, I thought the Department of Defense would do the same thing, saying, .Yes, we have documents on this object. But, because of national security, we.re not going to give them to you.. I.m sure the judge would have upheld that. But the Department of Defense didn.t do that."
Gersten thinks DoD not having information is more alarming than the agency withholding information.
The DoD is urging that the case be dismissed, claiming it.s not a "triable" issue. In other words, DoD claims it has completed a reasonable search for related documents, but no documents exist.
Support sought
The hearing will commence Monday at 10 a.m. Mountain Standard Time (12 p.m. Eastern). A U.S. attorney is expected to represent the DoD in the case; Gersten predicts that a DoD lawyer also will be present.
It.s not sure which side will give oral argument first. Each side should be allotted 15 minutes to present its case; perhaps 10 minutes would be allotted for rebuttal. Gersten says the hearing could take up to 30 minutes. Then again, Judge McNamee could dismiss the case two minutes after Gersten presents his argument.
Asked why this CAUS argument has fared so well, Gersten noted that each request for an adequate search entails its own set of unique circumstances. .Maybe he believes in UFOs,. Gersten added, referring to Judge McNamee. .Maybe on March 13, 1997, he was driving down the street and saw some lights in the sky. For whatever reason, he.s going to give us the opportunity to argue in court..
Dozens of ufology supporters are expected to attend the proceeding, which will be held at 230 First Avenue, in Phoenix, in Judge McNamee.s 6th floor courtroom.
"Part of the overall plan"
When it comes to UFOs, Gersten thinks on a cosmic scale, hinting that life is like a virtual reality game. He passionately believes that his role as a UFO lawyer is his .dharma. . his destiny.
"This is the part I auditioned for before I came here. So now I.m trying to get that cosmic Academy Award for the part I.ve played, at the end of my life," he says. "Basically, we.re all here to play our parts in a three-dimensional movie."
This movie, Gersten wonders whether this life could be a futuristic, cosmic computer technology . a hologram, like the movie "The Thirteenth Floor" . created by another life form.
"There.s no doubt that we.re interacting with another life form, possibly whatever created this 3-D reality," he concludes. "All I can see is that there.s an intelligence here, I.m assuming that it exists with us here . forget about where it comes from."
Whatever Monday.s conclusion is, Gersten is going to enjoy his moment in court to the fullest extent.