The Complaint: Taxpayers vs Bush,
Federal lawsuit against the Bush Administration for their orchestration of
the September 11th attacks and the subsequent attacks on civil liberties
and sovereign nations perpetuated in the name of the fraudulent "War On
LAW OFFICES OF STANLEY G. HILTON
STANLEY G. HILTON, SBN # 65990
580 CALIFORNIA STREET, SUITE 500
SAN FRANCISCO, CALIFORNIA 94104
TEL: (415) 378 6142, 439 4893
FAX (415) 276 2388
ATTORNEY FOR PLAINTIFFS
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TAXPAYERS OF UNITED STATES OF CASE NO. CIV-03-03927-SI
AMERICA , UNITED STATES OF
AMERICA, ET AL.,
PLAINTIFFS, SECOND AMENDED COMPLAINT
FOR DAMAGES, INJUNCTION AND DECLARATORY RELIEF
JURY TRIAL DEMANDED
GEORGE W. BUSH, PRESIDENT OF
UNITED STATES OF AMERICA; DICK
CHENEY, VICE PRESIDENT; GEORGE TENET,
CIA DIRECTOR; ROBERT MUELLER, FBI
DIRECTOR; CONDOLEEZA RICE, NATIONAL
SECURITY ADVISER JOHN ASHCROFT,
ATTORNEY GENERAL; UNITED STATES OF
AMERICA , ET AL.,
FIRST CAUSE OF ACTION: TAXPAYER SUIT UNDER THE CONSTITUTION.
1. Plaintiffs are all taxpayers of the united states of America, except for
plaintiff "United States Government" ("USG"), which is named as a plaintiff
because 31 us code Â§ 3730(b) states that an action under the
Federal Fraudulent Claims Act must be brought in the name of the US government.
Plaintiffs also aver that they bring this action in the name of all victims
of defendants' schemes as stated in this action, including soldiers and others
forced to go to Iraq by defendants and risk and lose their lives and limbs.
2. Plaintiffs are suing only those defendants named in the caption of this
3. This is an actual case and controversy and is not "Political" case.
In particular, the second cause of action for violation of 31 US Code sec.
3729 is brought under 31 US CODE Â§ 3730 (b), which states
that private citizens have rights to bring such an action against Bush et
al. In the name of the "united states government," to recover funds
of which the USG has been defrauded by defendants, via false claims plaintiffs
accuse defendants of violating federal laws and abusing powers,
i.e. committing illegal acts, not of political decisions.
The acts are ministerial, not discretionary. Defendants violated
clearly established laws and rights of plaintiffs, such as first amendment
rights of free speech and 4th amendment rights to be free from unreasonable
search and seizure, and cannot claim "qualified immunity." Though
they are high federal officeholders, defendants are not immune from suit.
A sitting president can be sued for violating clearly established laws in
4. Plaintiffs demand a jury trial.
5. The statute of limitations does not bar this action.
6. Plaintiffs seek a declaratory judgment and opinion declaring the USA patriot
acts I and II unconstitutional, for violating plaintiffs' clearly established
constitutional rights under the 1st, 4th, 5th, 6th, 7th , 8th and 9th and
14th amendments to the US constitution, we ask the court to enjoin
enforcement of the USA Patriot Acts I and II accordingly.
7. Plaintiffs also ask the court to render a declaratory judgment declaring
the military action in Iraq to be unconstitutional.
8. There is a need for an injunction because defendants continue to
squander taxpayers' money and there is reason to believe defendants
plan further military adventures which would drain the treasury, deprive
plaintiffs of federal funds and tax money.
9. Defendants all have offices in San Francisco, CA and operate here.
10. Jurisdiction over ths case is conferred by federal statutes 28 U.S.C.
sec. 1331, 31 U.S.C. Â§Â§ 3729 et seq., 18 U.S.C.
Â§Â§ 1961 et seq. and directly under the US
11. VENUE: Venue is proper here because, inter alia, plaintiffs live
here and one of the skyjacked aircraft that crashed on sept. 11, 2001 (UAL
flight # 93) was bound for San Francisco, ca, and because plaintiffs suffered
damages here as they reside here. Also 18 US CODE Â§ 1965 and
31 US CODE Â§ 3729-3731 provided that actions under RICO and the
Federal Fraudulent Claims Act may be brought in the district where the person
injured (plaintiffs) resides. Plaintiffs reside in this district.
12. Plaintiffs aver that defendants all conspired with the government of
Saudi Arabia("GSA") prior to 9/11/01 to knowingly finance, encourage,
recruit, permit, and aid and abet, certain individuals to carry out the 9/11/01
attacks on the World Trade Center and Pentagon, in order to orchestrate
a contrived, stylized and artificial "second Pearl Harbour" event for
the purpose of galvanizing public support for their military adventure
agenda in the middle east, and in order to persuade congress to enact
their repressive patriot acts I and ii for the purpose of
suppressing political dissent inside the us. Plaintiffs aver that
defendants Bush et al. Knew about plans by "Al Quaeda" to launch the 911
attacks (hereinafter referred to as "the 911 acts"), and conspired with gSA
to fund, finance and encourage said Al Quaeda individuals (many of whom were
acting as informants and agents of defendants) to mount the 911 attacks,
and allowed these attacks to occur deliberately, thereby violating clearly
established rights of plaintiffs. Plaintiffs also are informed and believe,
and so aver, that defendants orchestrated the 911 acts and utilized a technology
known as "fly by wire"("fbw"), i.e., remote control of aircraft, in the 911
acts. Said technology is also employed in the "global hawk" aircraft
and military drone aircraft, and in commercial aircraft used in the 911 acts.
Then, defendants concocted a scheme to cover up what they had done and suppress
their prior knowledge and approval of the 911 acts.
13. Plaintiffs also aver that defendants knowingly utilized the climate of
fear and hysterical created by the 911 acts, and deliberately concocted untrue
and fraudulent claims of "weapons of mass destruction" ("WMD") said to be
present in Iraq, from 9/11/01 through the present, and particularly in october
2002, when defendants presented these false claims to congress in order to
obtain a resolution "Enabling act" which Bush then used to launch a preemptive
war against the sovereign state of Iraq.
14. As a proximate result of defendants' acts and violation of the
constitution and clearly established rights of plaintiffs, plaintiffs suffered
severe damage in loss of taxpayer revenues, emotional distress, loss of
government services, and other damages. Plaintiffs have been prevented from
exercising their free speech rights by us forest rangers and other officials,
who have banned distribution of certain literature that is critical of
defendants' handling of the 911 acts (Plaintiff Scott MUNSUN was stopped
by federal park rangers from distributing literature critical of defendants
and Bush and the 911 acts, at Baker Beach in San Francisco, on or about May
28, 2003, and his literature was confiscated by the ranger). Plaintiffs
have been approached by defendants, federal officials, and have had their
literature and videotapes etc seized, and have been threatened with arrest
if they did not cease distributing the literature and videos. Plaintiffs
have been fired from their jobs, including plaintiff ashes, who was
fired from his job at a Nieman Marcus department store in San Francisco (and
assaulted by Nieman Marcus store employees telling him "you cant distribute
that, the country is 'at war.'") on or about Feb. 23, 2003, for
distributing any 911-related or anti-Iraq-war literature and videos critical
of the government. Under the guise of the mantra, "the country is at
war," plaintiffs have suffered loss of freedoms and loss of tax dollars.
And all the while, all the while., defendants have continued to march forward
with their cavalcade of horrors intended to frighten the plaintiffs into
coughing up endless moneys. Plaintiffs have also lost liberties as defendants
have finagled new laws and rules and regulations enabling them to read private
e mail, wiretap, etc., all of which violate plaintiffs; 4th amendment rights
to freedom from unreasonable governed search and seizure and plaintiff have
suffered loss of liberty, loss of freedom etc. as defendants have proceeded
on their plan to disable us democracy and impose totalitarian controls and
laws, solely in order to tighten their grip on power for political ends.
Plaintiff TIBBS is a veteran who has been damaged by being forced to accept
smaller amounts of military pensions and other benefits than would otherwise
be the case but for the expensive and wasteful wars of aggression conducted
by defendants in Iraq etc., which have bankrupted the us economy and prevented
veterans from getting their just rewards in the form of medical and
health services, pensions etc. Also plaintiffs are informed and believe that
defendants have utilized and implemented the USA PATRIOT ACTS I AND II to
spy on them, invade their privacy, intercept communications intended to be
private, invade the privacy of what books they read at libraries and bought
at bookstores, what financial accounts they have and what financial transactions
they engaged in, etc. Also the defendants appear to be prepared to
strip some of the plaintiffs of their US citizenship under the USA PATRIOT
ACTS I AND II, as a mens of suppressing political dissent. This violation
of plaintiffs' rights has been brazen in its scope and dangerous.
15. Defendant Bush and the other defendants have deliberately conspired
with the government of Saudi Arabia to harm the interests of plaintiffs,
and to violate plaintiffs' clearly established rights, and to manipulate
petroleum prices, which have more than doubled since fall 2001, from $ 16/bbl
to $ 40/bbl. in addition, Defendants created "sweetheart deals" with certain
companies and awarded these deals to "reconstruct and rebuild" Iraq.
These companies include defendant Cheney's company Haliburton, Bechtel and
others. Taxpayer money has been showered on these companies which damaged
plaintiffs' rights and interests.
16. There is no adequate remedy at law to compensate plaintiff and protect
them from future acts of grossly negligent and intentional malfeasance in
office by defendants, and therefore plaintiff ask for and are entitled to
receive an injunction removing defendants from office and enjoining them
from carrying out any further duties in defense of this country. Plaintiffs
are informed and believe that defendants are dangerous and hence an injunction
should issue requiring defendants to fulfill their constitutional duties
forthwith, or remove themselves from office or be removed from office by
all legitimate constitutional means.
17. The USA Patriot Acts, I and II, planned and implemented by defendants
as a means of suppressing and chilling exercise of political
dissent, violate plaintiffs' constitutional rights under the
1st, 5th, fourth and 14th amendments to the constitution, in that they constitute
an invasion of privacy and give the federal government vast unconstitutional
powers to spy on us citizens, i.e., plaintiffs, for defendants;
own nefarious political purpose. Ashcroft should be enjoined from enforcing
the patriot laws.
18. The actions, misfeasance, malfeasance and other acts committed by defendants
as alleged above, in the first cause of action, amount to negligence, misfeasance
malfeasance in discharge of defendants duties to plaintiffs, and defendants
have breached the duty they had to protect plaintiffs from terrorists and
physical and emotional harm.
19. As a proximate result of defendants' malfeasance and violation of the
constitution, plaintiffs suffered severe damage in regard to emotional distress,
loss of government services, waste of government money, creation of huge
federal budget deficits and resultant interest (including interest paid to
GSA), diminution of federal services and funds due to diverting funds to
Bush's Iraq misadventure, etc. . plaintiffs have also lost liberties as
defendants have finagled new laws and rules and regulations enabling them
to read private e mail, wiretap, etc.,. all of which violate plaintiffs;
4th amendment rights to freedom from unreasonable governed search and seizure
and plaintiff have suffered loss of liberty, loss of freedom etc.., as defendants
have proceeded on their plan to disable us democracy and impose totalitarian
controls and laws, solely in order to tighten their grip on power for political
20. Whereas defendants pose a "clear and present danger" to the lives and
liberties and freedoms of plaintiffs, and to the us treasury which they have
been bankrupting by wasteful wastrel spending on meaningless wars of
aggression, and whereas there is no adequate remedy at law to compensate
plaintiff and protect them from future acts of grossly negligent and intentional
malfeasance in office by defendants, and therefore plaintiff ask for and
are entitled to receive an injunction removing defendants from office and
enjoining them from carrying out any further duties in defense of this country.
Plaintiffs are informed and believe that defendants are dangerous and hence
an injunction should issue requiring defendants to fulfill their constitutional
duties forthwith, or remove themselves from office or be removed from office
by all legitimate constitutional means.
Wherefore plaintiffs pray for relief as hereinafter alleged.
Second cause of action: Violation of Fraudulent Claims Act: 31 U.S.C.
Â§Â§ 3729, 3730 et seq
(Brought in the name of the United States Government pursuant to 31 U.S.C.
21. Paragraphs 1 through 20 are repeated here and incorporated by
22. The actions of defendants as described supra amount to presentation of
false claims to Congress for taxpayer money in violation of the FEDERAL
FRAUDULENT CLAIMS ACT ("FCA") , 31 U.S.C. Â§Â§ 3729
et seq., in that defendants all presented to Congress false and fraudulent
claims to Congress "for payment or approval" from 9/11/01 through present,
in that defendants presented a fraudulent claim to Congress that Iraq possessed
weapons of mass destruction ('WMD"), when this was in fact totally untrue
and defendants had utterly no evidence of WMD in Iraq (as proven by the fact
that after 18 months of war and search, defendants have failed to find any
WMD anywhere in Iraq. Therefore this is evidence that defendants must have
presented a deliberately false and fraudulent claim before Congress
in october 2002 and other times between 9/11/01 and the present, a fraudulent
claim for taxpayer moneys. Defendants also presented fraudulent claims to
Congress from 9/12/01 to the present that "Osama Bin Laden" was a live leader
of a worldwide conspiracy to deploy WMD against the US and to destroy and
inflict severe damage against the US, when in fact defendants knew that Osama
Bin Laden had been killed many years before 9/11/01. Hence they
fraudulently presented a dead man as the casus belli justifying waste of
resources to pursue a pointless War against Afghanistan. Defendants
also presented fraudulent claims to Congress from 9/11/01 to the present,
that Saddam Hussein and the government of Iraq were linked to Bin Laden and
al Quaeda and that Hussein and Iraq had been involved in planning and
executing the 911 attacks. These utterly fraudulent claims were used
by defendants to finagle public funds out of Congress for pointless wars
against Iraq, and waste of the treasury funds. These were fraudulent
claims because Bush et al went before congress in october 2002, through the
present, and presented a false claim that there were weapons of mass destruction
ensconced in Iraq, which requiring immediate military action to obviate an
imminent attack on the us. Defendant Rice fraudulently alleged that a "mushroom
cloud" over the USA (to be launched by Iraq) was a clear and present
danger that was imminent, and Bush et al. Claimed that Iraq had
bought nuclear weapons material, chemical and biological weapons ("CBW"),
and other WMD and that Iraq planned to deploy such weapons against the USA.
All of these claims were false and fraudulent, and known to defendants to
be false and fraudulent at the time they were made. This violated the
Federal Fraudulent Claims Act ("FCA")
23. Plaintiffs have standing to bring this civil action under 31 U.S.C. sec.
3730(b), as us citizens.
24. The statute of limitations for this cause of action is 6
years-see 31 U.S.C. Â§3731. Hence the action is timely.
25. As a proximate result of said violation of the FCA, plaintiffs have suffered
damages, to wit, loss of taxpayer money on a useless and purposeless boondoggle
in Iraq, denial and reduction in public services because of the diverting
of federal taxpayer funds to the Iraq misadventure, loss of life in a purposeless
activity, infliction of emotional distress, creation of huge federal budget
deficits and resultant interest charges (including interest paid to gSA),
26. Plaintiffs request an order compelling defendants to reimburse the US
treasury for the federal funds they defrauded the Congress into giving
them, by making deliberately false and fraudulent claims of WMD, mushroom
clouds, CBW and the like.
Wherefore plaintiffs pray for relief as hereinafter described.
Third cause of action: RICO statute: 18 US CODE
Â§Â§ 1961 ET SEQ.
24. Paragraphs 1 through 23 are repeated here and incorporated by
25. All of the above-described acts by defendants constitute a violation
of the RICO statute, 18 US CODE Â§Â§ 1961 ET SEQ. In
particular, defendants have received income derived from a pattern of
racketeering activity and have used and invested such income in the acquisition
of interests in, ands establishment of operations of, certain enterprises,
such as the Iraq "reconstruction" program whereby defendants' cronies such
as Defendant Cheney's company Haliburton and Bechtel have won sweetheart
deals to "rebuild"the very infrastructure that defendants have destroyed
or damaged through mindless military action, in pursuit of defendants' dubious
goals. Plaintiffs aver that defendants have engaged in pattern of tam Marte
quam Mercurio and that the "war" in Iraq has been a cover for racketeering
activity, such as the sweetheart deals, described supra. The cover-up by
defendants of the genesis of the 911 acts has been a conspiracy in violation
of 18 U.S.C. Â§ 1961, as well. This has been a conspiracy to obstruct
justice. As part of the coverup, during the days following 9/11/01,
defendants knowingly allowed members of the Saudi royal family and Bin Laden
family to fly out of the USA at a time when all other flights were
grounded. The purpose of allowing these criminals to escape the country
was to prevent anyone from questioning them about their complicity in causing
the 911 attacks. The coverup also has taken the shape of a campaign of
intimidation and suppression of FBI agents and informants who knew about
the true genesis if the 911 attacks. For example, when FBI translators and
agents and informants sent letters and e mails and documents to defendants
prior to 9/11/01, warning them of imminent threats of attack, defendants
suppressed these, forbade the informants from speaking publicly or to the
911 commission later, and imposed a policy of Omerta.
26. Plaintiffs have standing to bring this cause of action because of 18
US Code Â§1964 in that plaintiffs aver that there is a causal
link between defendants' violation of 18 U.S.C. Â§Â§
1961-1962 and plaintiffs' injuries.
27. As a proximate result OF THE VIOLATION OF 18 U.S.C. Â§ 1961
by defendants, plaintiffs have suffered damages including denial of their
rights to receive fede3ral services and funds, invasion of their privacy
and constitutional rights by the defendants via US PATRIOT ACTS and spying,
credit damage etc.
Prayer for relief:
Plaintiffs pray for relief against each defendant as follows:
1. For declaratory relief, an order declaring that the USA PATRIOT ACTS I
AND II are null and void for violation the Constitution, and declaring the
defendants' actions to have violated RICO and the FCA, and an injunction
enjoining defendants from implementing the USA PATRIOT ACTS I AND II;
2. An order to defendants requiring them to release all information
they have concerning the genesis and execution of the 911 acts;
3. Declaratory judgment declaring USA patriot acts I and II to be
unconstitutional, null and void;
4. An order compelling defendants and their cronies and business
associates, including Bechtel corp; and Haliburton corp., to reimburse the
US treasury for all tax dollars gained by them, which tax dollars
have been extracted from plaintiffs, us taxpayers on the basis of false and
6. An injunction forbidding defendants, and defendant Ashcroft and
his justice dept., from enforcing patriot acts I or ii, and declaratory relief
in the for of an order declaring both patriot acts to be unconstitutional.
7. For monetary damages according to proof;
8. For reasonable attorney fees and costs of suit;
7. For all other appropriate relief deemed proper.