CAUS in COURT: July 1, 2000
CAUS v. DEPARTMENT of DEFENSE (DoD)
Nature of Action: Under the Freedom of Information Act for information on the triangular UFOs.
Status: Case on Appeal.
Dismissed on Motion for Summary Judgment. Chief U.S. District Court Judge Stephen M. McNamee found that the DoD conducted a reasonable search. CAUS has until September 15th to submit its appellate brief and the DoD has 30 days thereafter to submit its response. Unfortunately, oral arguments are not scheduled until approximately 12 months after both briefs have been submitted with the Court of Appeals decision any time after that.
Bottom line: We are looking at a decision no earlier than 2002. I am no longer certain that CAUS can wait until it exhausts its judicial remedy with respect to UFOs before taking further action to enforce our "right to know."
CAUS v. UNITED STATES of AMERICA; STATE of ARIZONA et al.
Nature of Action: Under Article 4 Section IV of the U.S. Constitution which requires the federal government to protect the states against "invasion." The premise of the CAUS lawsuit is that the continued presence of unknown, unidentified and highly unusual aerial objects as well as the continuing nature of the "alien abduction phenomenon" constitute an "invasion" that warrants immediate attention.
Status: On June 23rd, Judge Roger G. Strand dismissed the CAUS lawsuit. Judge Strand stated in his four page decision (which will be posted on the CAUS web site in a few days) that:
"Plaintiff alleges that the federal government's 'law enforcement and military defense policies' are inadequate. Plaintiff thus seeks an order compelling the Attorney General and the Secretary of Defense to formulate a policy to protect the citizens of Arizona from UFO's. Plaintiff would also have the Court exercise continuing jurisdiction to 'enforce or modify' this relief. For the Court to oversee the formulation of a national defense strategy, and then to oversee such strategy, would implicate virtually every one of the hallmarks of nonjusticiability described in Baker v. Carr. Accordingly, the case against the Federal Defendants will be dismissed."
Bottom line: CAUS has exhausted its judicial remedy with respect to the "alien abduction phenomenon." CAUS is not planning to appeal Judge Strand's ruling.
Peter A. Gersten
The PAG Network
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Send CAUS Comments and Reports to: CAUS@CAUS.ORG