Lawsuits Filed

Devvy Kidd
February 12, 2003

The Bush Administration has made it very clear that We the People don't need an open government. Filing Freedom of Information Acts (FOIAs) is about the only way anymore, one can fight to get the facts. Larry Klayman and his dedicated team at Judicial Watch have had great success in this area. Below are my latest efforts.

Devvy Kidd, Plaintiff

v.

Department of the Army, Defendant

Case No. CIV.S-03-0225DFL GGH-PS

Facts:

Plaintiff filed with Defendant Department of the Army on May 28, 2002, via certified mail, a FOIA request (See Exhibit 1) in the form of a letter to Defendant's FOIA officer, requesting access to certain records under the FOIA. Access was requested for:

    Any document or form initiated by Timothy James McVeigh to separate from the Department of the Army when on active duty status.

    Any document or form initiated by the Department of the Army to separate Timothy James McVeigh for the reasons stated on the attached DD-214, box 28.

    Copies of all deployment records for the period May 24, 1988 through December 31 1991. These records should include where he was sent and duration of duty.

    Any and all documents from Timothy James McVeigh's medical records that document the insertion of a micro-chip, a bio-chip or any other object foreign to the human body that McVeigh received while in the U.S. Army. This would include documents for surgical implantation or any other method used.

    Any and all documents in Timothy James McVeigh's medical records that document any visits, phone calls or correspondence dealing with a Dr. Louis Jolyon (Jolly) West. (Deceased)

    Plaintiff received a letter from Defendant dated July 11, 2002 (See Exhibit 2)

    Plaintiff received another letter from Defendant dated July 29, 2002 (See Exhibit 3).

    On December 9, 2002, Plaintiff sent another letter to Defendant (See Exhibit 4).

    Plaintiff  then received another letter from Defendant dated December 20, 2002, (See Exhibit 5) which is non responsive to the documents sought by Plaintiff.

    Plaintiff filed an appeal via certified mail January 6, 2003 (See Exhibit 6). Defendant's representative signed for this appeal on January 8, 2003. It is now March 4, 2003 and Defendant has not responded to Plaintiff's appeal within the legal time allowed.

    The Department of the Army provided me with a document showing McVeigh's discharge from the U.S. Army Reserve effective 8 July 1996, more than a year after the bombing. This is not what I asked for in my FOIA. I want those medical records.

* * *

DAAR-ZXP either can't read or they aren't going to give up the records without a fight. Fine. I know how the game is played. The U.S. Attorney's office has been served. Round one.

* * *

When you purchase my CD, you help to support my work in getting the truth. Just the filing fees for lawsuits in Federal District Court run $150.00 each. To order my CD, please go to:

http://www.devvy.com/cdrom_sales.html

* * *

The three lawsuits below were paid for by Bob Schulz' We the People Foundation. After I filed the FOIAs, I conveyed to Bob that I am more than willing to do all the paperwork, the court appearances, etc., but that I needed his foundation to pay the filing fees since I work for free and my husband only takes so much home in the form of a paycheck.

The only way we're going to get to the truth about why the hearings scheduled for February 27th and 28th, 2002, were blown off by the IRS and DOJ is to file these lawsuits..

Devvy Kidd, Plaintiff

v. Department of Treasury,  Defendant

CIV. S-03-222 EJG PAN-PS

Facts:

Plaintiff filed with Defendant Department of the Treasury on March 10, 2002, via certified mail, a FOIA request (See Exhibit 1) in the form of a letter to Defendant's FOIA officer, requesting access to certain records under the FOIA. Access was requested for:

     "Under the FOIA, I am requesting copies of all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neill and any of his staff in any capacity to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

     "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neill and any of his staff in any capacity to John Ashcroft, Attorney General of the United States and Charles O. Rossotti, Commissioner of the IRS dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

     "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence  received from John Ashcroft, Attorney General of the United States, Charles O. Rossotti, Commissioner of the IRS and to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant directed to Secretary Paul H. O'Neill and any of his staff dealing with Bob Schulz and the We the People Foundation.. This request covers the time  period July 1, 2001, to and including March 1, 2002."

    On July 13, 2002, Plaintiff sent a follow up letter (See Exhibit 2) to Defendant requesting a response to the original FOIA filed March 10, 2002.

    On December 9, 2002., Plaintiff again sent a letter to Defendant (See Exhibit 3) notifying Defendant that absolutely no response had been received over the past ten months and that Plaintiff intended to sue.

    As of February 4, 2003, Plaintiff has not received a single piece of paper from Defendant. It has been almost one year since the original FOIA was filed.

* * *

While I mailed all four summons and copy of the lawsuit at the same time to the same U.S. Attorney here in Sacramento, there is no proof of service on this one as of this date.

* * *

Devvy Kidd, Plaintiff

v.

Internal Revenue Service, Defendant

CIV.S-03-0223 LKK DAD-PS

Facts:

Plaintiff first filed FOIA to Charles O. Rossotti, Commissioner, IRS, Department of the Treasury as Defendant Internal Revenue Service is listed as a Bureau of the Department of Treasury, even though according to Richard R. Ward, Trial Attorney, Tax Division, U.S. Department of Justice signing for United States Attorney Betty Richardson, United States Attorney, "Denies that the Internal Revenue Service is an agency of the United States Government...." (See Exhibit 1, red tab).

This original filing was mailed on March 11, 2002, via certified mail (See Exhibit 2), in the form of a letter to Defendant FOIA officer, requesting access to certain records under the FOIA. Access was requested for:

    "Under the FOIA, I am requesting copies of all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neill and any of his staff in any capacity to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

    "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neill and any of his staff in any capacity to John Ashcroft, Attorney General of the United States and Charles O. Rossotti, Commissioner of the IRS dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

    "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence  received from John Ashcroft, Attorney General of the United States, Charles O. Rossotti, Commissioner of the IRS and to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant directed to Secretary Paul H. O'Neill and any of his staff dealing with Bob Schulz and the We the People Foundation.. This request covers the time  period July 1, 2001, to and including March 1, 2002."

Plaintiff then received a letter dated May 8, 2002, from Alana Johnson at the Department of Treasury notifying Plaintiff that her FOIA request had been forwarded it to the Internal Revenue Service in Washington, DC (See Exhibit 3).

On August 20, 2002, Plaintiff filed a FOIA appeal to Defendant (See Exhibit 4).

On December 9, 2002, Plaintiff sent another letter to Defendant (See Exhibit 5)  notifying Defendant that absolutely no response had been received over the past nine months and that Plaintiff intended to sue.

In January 2003, Plaintiff received a another letter from Alana Johnson, Department of the Treasury dated January 8, 2003 (See Exhibit 6) notifying Plaintiff that her FOIA request was being transferred to the Internal Revenue Service. Ms. Johnson attached the previously sent letter from May 8, 2002 to address Plaintiff's "concerns."

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The U.S. Attorney has been served. Round One.

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Devvy Kidd, Plaintiff

v.

U.S. Department of Justice,  Defendant

CIV.S-03-224 DFL JFM-PS

Facts:

Plaintiff filed two FOIAs with Defendant:

FOIA One identified Attorney General John Ashcroft as the targeted individual from which Plaintiff sought documents in his official capacity with Defendant. This FOIA is dated March 10, 2002 (See Exhibit 1) and requests the following:

    "Under the FOIA, I am requesting copies of all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Attorney General John Ashcroft and any of his staff in any capacity to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

    "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Attorney General John Ashcroft and any of his staff in any capacity to Secretary of the Treasury, Paul H. O'Neill and Charles O. Rossotti, Commissioner of the IRS dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

    "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence received from Charles O. Rossotti, Commissioner of the IRS, Secretary of the Treasury, Paul H. O'Neill and Assistant Attorney General for Legislative Affairs, Daniel J. Bryant directed to Attorney General John Ashcroft and any of his staff dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

FOIA Two identified Assistant Attorney General for Legislative Affairs, Daniel J. Bryant, as the targeted individual from which Plaintiff sought documents in his official capacity with Defendant. This FOIA is dated March 10, 2002 (See Exhibit 2) and requests the following:

    "Under the FOIA, I am requesting copies of all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neill and any of his staff in any capacity to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

    "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neill and any of his staff in any capacity to John Ashcroft, Attorney General of the United States and Charles O. Rossotti, Commissioner of the IRS dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

    "This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence  received from John Ashcroft, Attorney General of the United States, Charles O. Rossotti, Commissioner of the IRS and to Assistant Attorney General for  Legislative Affairs, Daniel J. Bryant directed to Secretary Paul H. O'Neill and any of his staff dealing with Bob Schulz and the We the People Foundation.. This request covers the time  period July 1, 2001, to and including March 1, 2002."

Plaintiff received a letter from Defendant dated April 10, 2002, acknowledging receipt of Plaintiff's original FOIA (No. One) directed at Attorney General John Ashcroft. (See Exhibit 3)

Plaintiff received a letter from Defendant dated April 10, 2002, acknowledging receipt of Plaintiff's original FOIA (No. Two) directed at Assistant Attorney General for Legislative Affairs, Daniel J. Bryant. (See Exhibit 4)

In response to both of these identical letters from Defendant, asking identical questions, Plaintiff sent letters (See Exhibit 5 and 6) responding to Defendant's request for clarification of the scope of search.

Plaintiff received a letter from Defendant (See Exhibit 7) regarding FOIA No. Two stating there were no responsive documents.

Plaintiff then received a letter from Defendant dated September 4, 2002, for FOIA No One, advising Plaintiff that no responsive records were located in their offices. (See Exhibit 8).

On September 16, 2002, Plaintiff filed an appeal against FOIA No. One. (See Exhibit 9).

Plaintiff then received a letter from Defendant dated October 18, 2002 (See Exhibit 10) acknowledging Plaintiff's appeal and enjoining FOIA No. One and No. Two together as one appeal action.

On December 9, 2002, Plaintiff sent another letter to Defendant (See Exhibit 11) notifying Defendant that she was ready to take this matter to court.

Plaintiff then received a letter from Defendant dated December 20, 2002 (See Exhibit 12) notifying Plaintiff that her appeal dated September 16, 2002 had not even been assigned for processing as of that date. It is now February 4, 2003 and Plaintiff has heard nothing more from Defendant. Plaintiff believes Defendant is deliberately stalling in responding to these FOIAs.

* * *

Defendant has been served and pre-trial conference is set for July 17, 2003, United States District Court for the Eastern District of California, 10:00 am.

* * *

I have one more FOIA still pending against BOP (Bureau of Prisons) regarding Timothy McVeigh filed December 9, 2002. BOP has responded that I should receive a response by January 29, 2003. They are slightly late and I will be filing an appeal shortly.

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Again, when you purchase my CD, you help me with the cost of pursuing the truth  and I thank you.

http://www.devvy.com/cdrom_sales.html

Related article with exhibit:

http://www.devvy.com/schulz_20021029.html
 

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