AIDS ORIGIN FOIA LAWSUIT--THE FINAL BRIEF of Boyd Ed Graves (2/20/04)
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BOYD ED GRAVES, :
Plaintiff-appellant, : No. 03-56812
UNITED STATES OF AMERICA: Beezer/Silverman
Et. Al., : Circuit Judges
REPLY TO THE UNITED STATES BRIEF
OF FEBRUARY 13, 2004
NOW COMES, plaintiff-appellant, Boyd Ed Graves, in propria persona, who responds to the United States reply brief of February 13, 2004 as follows:
1. The archives of the U.S. Special Virus program were a part of the FOIA request and appeal, and as such, the complaint filed on December 6,
2002 seeking the full disclosure of the program was within the scope of information' requested.
2. The narrow FOIA request of June 19, 2002 was amended to include the archived documents of the U.S. Special Virus program.
3. On May 15, 2000, defendants (Cargill and Grossberg) confirmed the existence of the documents of the U.S. Special Virus program.
4. However, to thwart this FOIA request, the NCI librarian concedes that the documents did exist, and were allegedly turned over (to someone). See, Exhibit H, Defendant's motion for summary judgment) ((EXHIBIT A, herein)..
5. According to Defendant Cargill's May 15, 2000 letter, the documents of the archives of the U.S. Special Virus program were in the NCI archives.. Now they are not. The archives of the U.S. Special Virus program are being improperly withheld to the detriment of the intent of FOIA law and the American people..
6. The scope of information' clearly encompasses the archives of the U.S. special Virus program, and the lower court clearly erred in excluding the amended FOIA request in reaching its July 7, 2003 Order to award summary judgment to defendant
7. Additionally, a review of the transcript, relative to this specific point, reveals the lower court was uncertain as to FOIA law. See page 5, lines 11 -12 TRANSCRIPT of July 3, 2003.
8. The lower court exclaimed that it was going to look that up', instead, the lower court signed the summary judgment Order on the same day, albeit not filed until July 7, 2003.
9. The lower court expressed an obligation to the parties that it did not fulfill. A FOIA request can be amended to include additional documents. The archives of the U.S. Special Virus program were clearly within the FOIA scope of information' which led to the complaint of December 6, 2002, seeking full disclosure of the secret, federal virus program.
10 According to the United States, the 1971 flowchart of the U.S. Special Virus program (page 61, Progress Report #8, U.S. Special Virus program is the flowchart on the human immunodeficiency virus. For the convenience of this review I am attaching a copy of the 1971 research logic flowchart of the development of HIV/AIDS. See, EXHIBIT B , herein.
The record reveals an extensive relationship between the parties regarding disclosure of the documents of the U.S. Special Virus program. The United States concedes that the documents were in its archives and they have been removed. See, EXHIBIT A , herein. The United States letter of May 15, 2000 proves there is irrefutable evidence of the laboratory birth of AIDS. The American people are entitled by law to have access to the rest of the documents of this hidden, federal virus development program.. Wherefore, plaintiff-appellant prays the court will use its 'summary reversal' powers and return this case to a competent lower court for the jury resolution of this matter. The 1971 research logic flowchart and the fifteen progress reports are absolute evidence of the federal virus development program at the heart and genesis of HIV/AIDS.
Boyd Ed Graves, in propria persona
1008 Elbon Rd.
Cleveland Heights, OH 44121
CERTIFICATE OF SERVICE
I, Boyd Ed Graves, do hereby certify with my signature below that I served a complete copy of this Reply to the United States brief of February 13,
John C. Ashcroft, U.S. Attorney Genertal
Carol C. Law
Beth L. Levine
United States Attorneys
880 Front St. Room 6293
San Diego, CA 92101-8893
Sent this ____ day of February 2004 via first class mail, postage prepaid.
Boyd Ed Graves
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