Joining the Lawyers’ Committee as co-plaintiffs are Architects & Engineers, Richard Gage, Bob McIlvaine, who lost his son, Franklin Square-Munson Nassau County Fire Commissioner Christopher Gioia, NYC Fire Chief (retired) Michael J. O’Kelly, who has a 9/11 related illness, Diana Hetzel who lost her husband, a NYC firefighter and Jeanne Evans who lost her brother, a NYC firefighter.
Defendants argue that plaintiffs have not suffered any cognizable injury. They, nevertheless, state that even if the plaintiffs had a special interest in the investigation of the incidents surrounding 9/11, such an interest is insufficient to confer standing.
Plaintiffs assert in their First Amended Complaint that the United States Attorney’s failure to present their Petition to a Grand Jury is not only a failure of him to perform his mandatory duties under 18 U.S.C. 3332 (a,) but is also a violation of the Plaintiffs Constitutional Right to Petition for redress and have their evidence considered by a Grand Jury.
Defendants further argue that the Plaintiffs are not entitled to any Grand Jury records, substantive or ministerial, even for a small indication of good faith to the Plaintiffs that the Grand Jury process is moving forward, because Plaintiffs have not shown a particularized need. The Lawyers’ Committee and the co-plaintiffs will respond in opposition to the government’s motion to dismiss and explain to the Court why first responders, family members of fallen first responders, and family members of the victims of 9/11, along with organizational plaintiffs have standing and a Constitutional right to petition not only the United States Attorney and the Court but also the Grand Jury itself.
Five Fire Commissioners from Franklin Square-Munson Fire Department Nassau County passed a resolution last Summer to support the Lawyers’ Committee Grand Jury Petition.
Attorneys for the co-plaintiffs, Mick Harrison and John O’Kelly, have three weeks to respond to Defendant’s Motion to Dismiss.
Please support the Lawyers’ Committee efforts for multiple Grand Jury presentations and investigations concerning the various crimes of 9/11.
David R. Meiswinkle
Lawyers’ Committee for 9/11 Inquiry