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Boyd Graves APPEAL against killing FOIA lawsuit, when mil.data confirms HIV program![AIDS]

On May 15, 2000, the United States reported that IT HAD LOCATED THE 'FLOWCHART ON THE HUMAN IMMUNODEFICIENCY VIRUS (HIV)' as well as progress reports of the Special Virus program in the archives of the National Cancer Institute.

Then it disappeared.

Then they refused the court suit to get it, after it has been affirmed it existed.

The January 15, 2004 Show Cause Order of Judges Beezer and Silverman is not based on any document communication from the lower court, nor where the parties notified of the lower court's latent de-certification. Notice is the primary component of fairness and even handedness, Judge Miller's actions are purposefully outside of the law...based on an illegal communication outside of the judicial Order....

Someone just picked up the phone and said, "kill the FOIA suit?"

"The 1971 flowchart makes it perfectly clear, the design, intent and purpose of the U.S. Special Virus program. As Dr. Peter Piot, Executive Director of UNAIDS says, the HIV/AIDS virus is the result of many steps in the laboratory, it was no accident. The 1971 flowchart provides absolute evidence of the United States' intent to kill its own citizens and others."

"We are greater than any federal virus. We are the Human Race." - Boyd E. Graves, J.D.

WE ALL JUST WANT TO KNOW MORE, ABOUT THE US SPECIAL VIRUS PROGRAM AND WHY THIS PROGRAM AFFIRMED THAT IT WAS CONNECTED WITH 'FLOWCHART ON THE HUMAN IMMUNODEFICIENCY VIRUS (HIV)'
Boyd Graves & US Special Virus Flowchart. (Document: 34 years old...)
Boyd Graves & US Special Virus Flowchart. (Document: 34 years old...)
Below is the web link for downloading Dr. Graves' latest legal brief appealing for the immediate and full review of the formerly secret U.S. Special Virus Program.

This free download is a Microsoft Word document format:

BOYD E. GRAVES v. THE UNITED STATES CASE NO 03-56812
 http://www.boydgraves.com/petition/unitedstatescourtofappealsno03-56812.doc

* Please save, print, email forward, fax, and share with all other interested persons freely.

---------

No. 03-56812


UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


BOYD ED GRAVES,
Plaintiff-appellant,

v.

UNITED STATES OF AMERICA: Et. Al.,
Defendants-appellees.


________________________



PETITION FOR REHEARING EN BANC

NOW COMES, plaintiff-appellant, Boyd Ed Graves, in propria persona, who seeks reconsideration en banc of the Court's March 31, 2004 Order affirming a lower court ruling dismissing a FOIA lawsuit as not within the scope of information of the original FOIA request.

QUESTION PRESENTED FOR REVIEW:

Did the Government remove documents from the National Cancer Institute archives to thwart a Freedom of Information Act (FOIA) request?

On May 15, 2000, the United States reported that it had located the 'flowchart on the human immunodeficiency virus (HIV)', as well as progress reports pf the Special Virus program in the archives of the National Cancer Institute. See, Exhibit A, herein. The United States (Dr. Victoria Cargill) testifies:

" ... .I located and contacted Ms. Judith Grosberg, the librarian at the National Cancer Institute archives. She confirmed the presence of the reports of the Special Virus, and obtained report #8. I have reviewed this report as well as the flowchart, to which you referred... ." id.

However, regarding the 2002 FOIA document requests, the United States (Ms. Judith Grosberg) writes on October 1, 2002 that a 'search had been conducted for the documents', but the documents were no longer in the NCI archives. See, Exhibit B, herein.

These two U.S. documents alone prove there is significant Government information confirming the existence of a (secret) federal virus development program as the etiological agent of HIV/AIDS. The program's "blueprint" is the U.S. document first located at page 61 of progress report #8 (1971) U.S. Special Virus program, and the object document of the June 2002 'narrow' FOIA request.

The Government's October 1, 2002 "search" for the documents of the U.S. Special Virus program was purposefully, "woefully inadequate" or "particularly withholding", in consideration of the ease in which they were provided in May 2000. See, Exhibit 1, herein.

CONCLUSION

It does appear that documents have been removed from the archives of the National Cancer Institute in which to thwart a FOIA request. This case should be immediately returned to a fair adjudicator for stewardship to jury resolution. The lower court clearly erred in not properly considering all of the document record of agency FOIA search before him.

The docket record clearly reveals the United States did conduct a "search" for documents of the U.S. Special virus program in accordance with plaintiff-appellant's FOIA requests.

The complaint filed on December 1, 2002 seeking the "full disclosure" of the U.S. Special Virus program was within the FOIA "scope of information" of the documents withheld by the agency. Upon full disclosure of this secret federal program, the 1971 flowchart will prove itself as the 'flowchart on the human immunodeficiency virus (HIV)', as the defendant-appellee found on May 15, 2000. There is clear lower court error, which requires this case to be reconsidered.

The parties received no notice of the de-certification of the appeal

The January 15, 2004 Show Cause Order of Judges Beezer and Silverman is not based on any document communication from the lower court, nor where the parties notified of the lower court's latent de-certification. Notice is the primary component of fairness and even handedness, Judge Miller's actions are purposefully outside of the laws of the United States. This Court's January 15, 2004 Order is based on an illegal communication outside of the judicial Order of long standing legal principles of law.

Quoting from the Government's February 13, 2004 brief on this point:

"... . The Government was not served with a copy of this certification and was unable to locate it on either the district court's or Court of Appeals' docket sheet... ."

To this appellant, this Court's (illegal) Martin Luther King, Jr. Birthday Order reflects bias, prejudice and judicial activism. It is also worthy to note this case was removed from the docket on April Fools day.

In this instant appeal, Judge Jeffrey Miller and the two appellate judges have collaborated outside of the judicial system in which to thwart the truth about our government's origin and proliferation of HIV/AIDS.

The judicial activism inherent in this instant case requires the full review of the Ninth Circuit. The five judges of the Ninth Circuit and the lower court judge have subverted the U.S. Constitution solely to maintain the (in-place) secrecy surrounding the U.S. development, production and proliferation of HIV/AIDS as is proven in the official documents of the U.S. Special Virus program.

We believe the original intent of the Freedom of Information laws require this case to be remanded to a competent district court. There is concurrence between the parties that documents of the U.S. Special Virus program have been "turned over" (to someone)(so as not to be available to the American people). See, Exhibit B, herein.

The American people have the right to know the truth about the laboratory birth of HIV/AIDS. Our country's laws are structured in such a fashion that only the full review of this Appellate court can facilitate to correctness, the judicial waywardness that has occurred in this instant appeal. WHEREFORE; plaintiff-appellant prays the full court will reconsider the multitude of judicial misstep and error and immediately return this case to a fair-minded adjudicator.

Respectfully submitted,



Boyd Ed Graves, in propria persona


CERTIFICATE OF SERVICE

I, Boyd Ed Graves, do hereby certify with my signature below that I served a true copy of this Petition for Rehearing En Banc on:

John Ashcroft
Carol Lam
Tom Stahl
Beth Levine
U.S. Attorneys
880 Front Street, Room 6293
San Diego, Ca 92101-8893

Sent this ____day of April 2004, via first class mail, postage prepaid.



___________________
Boyd Ed Graves





"We are greater than any federal virus.
We are the Human Race."

- Boyd E. Graves, J.D.

Web -  http://www.boydgraves.com
Email -  boyded2004@yahoo.com
Toll Free - 1-866-246-2772


"The 1971 flowchart makes it perfectly clear, the design, intent and purpose of the U.S. Special Virus program. As Dr. Peter Piot, Executive Director of UNAIDS says, the HIV/AIDS virus is the result of many steps in the laboratory, it was no accident.

The 1971 flowchart provides absolute evidence of the United States' intent to kill its own citizens and others."


Dr. Boyd E. Graves
September 28, 2002





wait it gets more interesting:

2 9th CIRCUIT JUDGES going to jail,& San Diego FED.JUDGE? AIDS suit illegally opposed,why?
author: boydgraves
 http://portland.indymedia.org/en/2004/03/284309.shtml

US Throws Monkey Wrench & Kitchen Sink to Stop 6 YEAR AIDS LAWSUIT by Boyd Ed Graves
author: bg
 http://portland.indymedia.org/en/2004/01/279037.shtml

Why question AIDS? author: GRINGO STARS
 http://portland.indymedia.org/en/2004/03/282302.shtml

UPDATE:USA dismisses Freedom of Information Act Suit over AIDS creation-[WEBCAST sunday]
author: boyd graves [lots of nice comments]
 http://portland.indymedia.org/en/2004/04/285472.shtml

And do listen to Gringo Stars as well on this, on AIDS as a category of other regular diseases. Open minds.