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9. Widow Brings RICO Case Against U.S. Government for 9/11

SCOOP.CO.NZ, November 2003
Title: “911 Victim’s Wife Files RICO Case Against GW Bush”
Author: Philip J. Berg

SCOOP.CO.NZ, December 2003
Title: “Widow’s Bush Treason Suit Vanishes”
Author: W. David Kubiak

Faculty Evaluator: Andy Merrifield, Ph.D.
Student Researcher: Amelia Strommen

Ellen Mariani lost her husband, Louis Neil Mariani, on 9/11 and is refusing the government’s million-dollar settlement offer. Louis Neil Mariani, a passenger, died when United Air Lines flight 175 was flown into the South Tower of the World Trade Center.

Ellen Mariani has studied the facts of the day for nearly two years and has come to believe that the White House “intentionally allowed 9/11 to happen” in order to launch the “War on Terrorism.” Her lawyer, Phillip Berg, former Deputy Attorney General of Pennsylvania, who filed a 62-page complaint in federal district court charging that President Bush and officials, including but not limited to, Cheney, Rumsfeld, Rice and Ashcroft: (1) had adequate foreknowledge of 911, yet failed to warn the country or attempt to prevent it; (2) have since been covering up the truth of that day; (3) have therefore abetted the murder of plaintiff’s husband and violated the Constitution and multiple laws of the United States; and (4) are thus being sued under the Civil Racketeering, Influences, and Corrupt Organization (RICO) Act for malfeasant conspiracy, obstruction of justice and wrongful death.

Berg plans to call former federal employees with firsthand knowledge and expertise in military intelligence to provide a foundation for the RICO Act charge. Mariani intends to prove that the defendants have engaged in a “pattern of criminal activity and obstruction of justice” in violation of the public trust and laws of the United States, thrusting our nation into an endless war on terror in order to achieve personal and financial gains.

The suit documents the detailed forewarnings from foreign governments and FBI agents; the unprecedented delinquency of our air defense; the inexplicable half hour dawdle of our Commander in Chief at a primary school after hearing the nation was under deadly attack; the incessant invocation of national security and executive privilege to suppress the facts; and the obstruction of all subsequent efforts to investigate the disaster. It concludes that compelling evidence will be presented in this case, through discovery, subpoena power and testimony, that defendants failed to act to prevent 9/11, knowing the attacks would lead to an international war on terror.

Berg believes that Defendant Bush is invoking a long standard operating procedure of national security and executive privilege claims to suppress the basis of this lawsuit.

On November 26, 2003, a press conference was set up to discuss the full implications of these charges. Only FOX News attended the conference and taped 40 minutes, however, the film was never aired. W. David Kubiak asks, “When you present documented charges of official treachery behind the greatest national security disaster in modern history, and the press doesn’t show, doesn’t listen, and doesn’t write, what is being communicated?”

UPDATE BY W. DAVID KUBIAK: Three thousand unresolved deaths, strong evidence of treason, and a horizon of endless war still remain matters of capital concern. To this date, the scenario of complicity alleged in Ellen Mariani’s landmark RICO suit remains the most cogent and credible 9/11 narrative ever offered to an America raised on Court TV.

Her case lays out the facts and logic so clearly that even ordinary folks can “get it” and start waking up their own. That is this story’s unique and mortal danger, and the reason Big Media still shun it to this day.

The 9/11 Commission’s maximal presumption of “failure” and “incompetence” spawns wildly more trivial questions than an inquest that does not rule out foreknowledge or complicity. The commission perforce dithers over policy issues, miscommunications, organizational defects, and a tragic litany of regrettable (but blameless!) bureaucratic mistakes.

Examining those same 9/11 facts from a detective’s point of view – as an unsolved and as yet quite successful crime -exposes far deeper concerns. The prime questions now become prosecutorial and focus attention on the critical issues of Motive, Opportunity and Means. Who ultimately gained most from the attacks? Who had the power to commit, permit or abet them? Who spotted or created the chance for them to occur?

Ellen’s case is historic simply because it was the first to apply these obvious questions, especially “cui bono?” -who really profited? – to all the 9/11 news of recent years. Last summer her reading of the official story’s lies and contradictions sparked an unprecedented “racketeering!” shazam, but given her elemental Law & Order approach to the facts at hand, any country sheriff might have made the same call.

Today in light of this year’s revelations from Paul O’Neill, Richard Clark and Sibel Edmonds, Ellen’s early attempts at connecting the dots – between the war-hungry neocons’ public longing (in September 2000) for “some catastrophic and catalyzing event – like a new Pearl Harbor” and the subsequent ignored warnings, quashed inquiries and crippled air defenses that finally made their dream come true – all appear pattern perfect thus far.

Since Ellen’s charges imply not just criminal conspiracy, but also literal treason, they are fast reviving a long ailing impeachment debate. An April 2004 national Retro poll showed that 39% of the public favored a Bush impeachment if only for his Iraq war lies. This growth of popular outrage was remarkable but hardly actionable since Impeachment Articles must issue from the same feckless House of Reps that signed off on the war. However, as Bush’s polls and credibility continued to plummet and GOP solons watched his coattails turn to lead, it became more plausible that a survivalist few might recognize that in 9/11 at least, they shared no collective guilt, and be more willing to swap doomed leaders for their own electoral skins.

By May 2004 such intuitions were starting to bubble up in the anti-war zeitgeist, partially inspired by loud 9/11 truth demands from Ed Asner, Howard Zinn, the US Green Party, theologian David Ray Griffin, and Commission-disillusioned victim family groups. These lofty calls were further reinforced by rather amazing facts on the ground. On May 26th the Toronto Star reported on a national poll showing that 63 per cent of Canadians believed the U.S. government had “prior knowledge of the plans for September 11th, and failed to take appropriate action.”

To galvanize this awareness into action, movement leaders turned to Ellen’s RICO suit as an ideal impeachment template because it could flush the entire puppeteer crew and not just Howdy Dubya from the stage. It also held the promise of a national “teachable moment” as the whole military-petro-industrial backdrop of the crime at last heaved into view. Finally, 9/11 impeachment offered progressives a far more energizing course of Bush-lethal action than half-hearted huzzahs for the stay-the-course mantra and globalization banzais of the Kerry campaign.

All of this ferment will doubtless be peaking as Project Censored 2005 hits the stands. If you want to join in and help remake history, first read Griffin’s “The New Pearl Harbor,” or Nafeez Ahmed’s, “War on Freedom.” Then check in at , and find something patriotic (in the old sense) to do.

UPDATE BY PHILIP J. BERG, ESQ.: The tragedy of “911” is the most significant event of our lifetimes. It is a great honor for this story to be selected. It is our firm belief that the RICO lawsuit we filed is one of the most significant cases in our history. To date, the Bush Administration has done more to diminish individual rights than any other administration in 225 years. With the enactment of the Stabilization Act and Patriot Act I, the attempted enactment of Patriot Act II, the photographing and fingerprinting of individuals entering the United States from certain countries and the planned “color coding” of everyone in the United States by the summer of 2004, “1984” is becoming a reality today, twenty years after the date it was projected. “911” has provided the pretext for the global military expansion we are seeing today, with its enormous costs in lives, federal funding and environmental damage.

After speaking around the country, we have found that people are amazed at the lack of media coverage of the RICO [Racketeer Influenced and Corrupt Organizations Act] lawsuit filed on behalf of Ellen Mariani and all law-abiding citizens of the United States and the world. The mainstream press has ignored our RICO lawsuit as well as most aspects of “911” until recently. But Bush’s arrogance in placing pictures of “911” in his re-election ads, along with the continued stonewalling of the “911 Commission” and the ineffectiveness of the “911 Commission,” has now brought this story to the forefront.

RICO was created in the 1960s by Congress to go after the mafia, the mob. It is our position that there is a “mob” in the Bush White House. When the events of “911” are investigated and when the “right” questions are posed, there is no way to avoid the conclusion that “911” occurred with the complicity of Bush and his administration.

The RICO lawsuit is the best available vehicle for bringing all of the overwhelming, independent research concerning “911” to the point where the “truth of 911” will be revealed.

During the six months since the RICO lawsuit was filed, we have been involved in procedural issues. We have therefore withdrawn the case from Philadelphia and re-filed it in Federal Court in Washington, DC, so that the events of “911” can be in front of the Court as soon as possible.

Our updated website can be reviewed daily for developments in the RICO lawsuit. Our petition, available on the website, is important for two reasons: 1) signing it shows support for the “truth of 911;” and 2) more important, reading the comments from the hearts of individuals around the world serves – like the writings of Anne Frank – to help people realize the actual effects of “911.” We feel it is essential for the mainstream and independent media to report the “truth of 911,” the most important event of our lifetimes. It must be reveled now, not for forty years from now, as has occurred with other major events in history.

Other pro-active groups where the RICO lawsuit is referenced, include:,,,http://www.digitalstylecreations.com,,, http://www.911independentcommission.org,, http://www.askquestions.org

INSIDE JOB: Unmasking the Myth of 9/11, by Jim Marrs
Preface by Ellen Mariani
With major excerpts from the Mariani RICO filing in the Appendix
The New Pearl Harbor, by David Ray Griffin
-Disturbing Questions about the Bush Administration and 9/11

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