PLAINTIFF'S OPPOSITION TO CIA'S MOTION FOR PARTIAL SUMMARY JUDGMENT

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001251752
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 101
• Document Creation Date: June 23, 2015
• Document Release Date: October 13, 2010
• Case Number: F-2010-00465
• Publication Date: September 6, 2005

JOHN H. CLARKE [Pro Hac Vice]
Telephone: [phone]
JOHN F. DUNNE, JR. [SBN 32854]
1601 Cloverfield Boulevard
Second Floor, South Tower
Santa Monica, California 90404-4084
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
H. RAY LAHR,
Plaintiff,
V.
Case No. 03-08023 AHM (RZx)
PLAINTIFF'S OPPOSITION TO
CIA'S MOTION FOR PARTIAL
SUMMARY JUDGMENT
NATIONAL TRANSPORTATION )
SAFETY BOARD, et al. )
Defendants. )
Date: October 31, 2005
Time: 10:00. a.m.
Place: Courtroom 14, 312 N. Spring
Street, Los Angeles, CA 90012
Judge: Honorable A. Howard Matz
(1) PLAINTIFF'S MEMORANDUM IN OPPOSITION TO
CIA'S MOTION FOR PARTIAL SUMMARY JUDGMENT
(2) AFFIDAVIT OF H. RAY LAHR
APPROVED FOR
RELEASE^ DATE:
17-Sep-2010
 (3) AFFIDAVIT BRETT M. HOFFSTADT
(4) AFFIDAVIT GLEN L. SCHULZE
 TABLE OF CONTENTS
Preliminary Statement . . . . . . . . . . . . . . . . . . . . . . . 9
The law - equitable balancing test . . . . . . . . . . . . . . . . . . . 10
a. Balancing test . . . . . . . . . . . . . . . . . . . . . . . . . 10
b. The FOIA's purpose is to shed light on agency performance . . 11
c. Evidence of agency malfeasance under the balancing test . . . . 12
d. Burden of proof .. .. . . ... .... ... ... .... .. 13
2. The facts . .. . .. .... .... .... .. ........ . ... . 14
3. Application of the facts to the FOIA's balancing test . ... .. ....15
4. Exemptions asserted . .. . .. .. .. . . . . .... .. ..... . 16
a. Exemption 4 "trade secrets" is unavailable. .. .. .... . . . 16
b. Exemption 5 "deliberative process privilege"
is largely unavailable . ..... . .. . .. . . . .. .... . 18
(1) CIA animation is an agency final report . .. . . .... 18
(2) Deliberative process privilege is unavailable
to shield disclosure of post-decisional records . . . . . . 19
(3) Deliberative process privilege does not apply
to records adopted in a final agency disposition . . . . . 20
(4) Deliberative process privilege does not apply
to purely factual, investigative records . . . . . . . . . . 20
c. Exemptions 6 and 7(C) - privacy .. .... ... ... . . . .. 21
d. Exemption 3 "other statutes" does not apply
to CIA analyst Randolph M. Tauss . . ... .... .. .. .. .21
5. Failure to segregate . .... .... .. ... . .. .. . ... . ... 22
6. CIA's Vaughn index requires resubmission . ... .. . ..... ... 26
7. CIA's conduct evidences bad faith .. .. .. . .. .. . . ...... 27
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
 TABLE OF AUTHORITIES
Cases:
General Services Administration v. Benson,
415 F.2d at 880 (9th Cir. 1969) .. .. ... .. ... ...... .. . . .. 10
Washington Post Co. v. Department of Health and Human
Services, 690 F.2d 252 (D.C. Cir. 1982) .... ... . .. . . .. . . ... 10
Newport Pac., Inc. v. County of San Diego, 200 F.R.D. 628
(S.D. Cal. 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
National Parks & Conservation Ass' n v. Morton, 498 F.2d 765
(D.C. Cir. 1974) ... .. ........ ... .. . . .. . ... ..... . 11
GC Micro Corp. v. Defense Logistics Agency, 33 F. 3d 1109
(9th Cir. 1994) ...............................11, 11,16
U.S Dept. of Justice v. Reporters Committee
For Freedom of Press,, 489 U.S. 749, 772-73 (1989). . . . ... . . 11, 13, 21
Public Citizen Health Research Group v. FDA, 185 F.3d 898
(D.C. Cir. 1999) . .. .. . ..... .. ...... ........ .. .. . 11
Public Citizen Health Research Group v. National Institutes,
209 F. Supp. 2d 37 (D.D.C. 2002) . . . .. . . . . . . . . . . . . . . . . . 11
Beck v. Department of Justice, 997 F.2d 1489, 1492-94
(D.C. Cir. 1993) . .. .. . . ... .... .. ... ... ......... . 11
Castaneda v. United States, 757 F.2d 1010 (9th Cir. 1985) .. . . . . ... . 12
Stern v. FBI, 737 F.2d 84, 90 (D.C. Cir. 1984) ... . ... .. .. . ... . 12
Hunt v. Federal Bureau of Investigation, 972 F.2d 286 (9th Cir. 1992). .12, 13
Jones v. FBI, 41 F.3d 238 (6th Cir. 1994) . .... ..... . . ... 12,27
 Favish v. OIC, 217 F.3d 1168 (9th Cir. 2000) rev'd in part Nat'! Archives
& Records Admin. v. Favish, 124 S. Ct. 1570 (U.S. 2004) . . . . . .12, 13, 16
Citizens Commission on Human Rights v. FDA,
45 F.3d 1325 (9th Cir. 1995).......................... 16
Church of Scientology v. U.S. Department of the Ann y,
611 F.2d 738 (9th Cir. 1979) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Hayden v. National Security Agency/Cent. Sec. Serv., 608 F.2d 1381
(D.C. Cir. 1979), cert. denied, 446 U.S. 937 (1980) . . . .... .... .. . 16
Hughes Aircraft v. Schlesinger, 384 F. Supp. 292 (N.D. Cal. 1974) ... ..18
Rockwell Int'l Corp. v DOJ, 235 F.3d 598 (D.C. Cir. 2001) . . .. .. ... 18
Maricopa Audubon Soc'y v. U.S. Forest Service,
108 F.3d 1089 (9th Cir. 1997) ... ....... ...............19
NLRB v. Sears. Roebuck & Co., 421 U.S. 132, 149 (1975) . . ... . ... 19
Exxon Corp. v. Federal Trade Com'n, 466 F. Supp. 1088 (D.C. 1978) . . . . 19
Niemeier v. Watergate Spec. Prosecution Force, 565 F.2d 967
(7th Cir. 1977) ... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 19
Newport Pac., Inc. v. County of San Diego, 200 F.R.D. 628
(S.D. Cal. 2001) .. . .. .. . . . ... ..... .. .. .... ..... . 20
EPA v. Mink, 410 U.S. 73, 89 (1973) ... ...... . . .. . . .... .. 20
Assembly of Cal. v. United States DOC, 797 F. Supp. 1554
(E.D. Cal. _L992) .. . ... . ... ... . . .... . ... ......... 20
Coastal States Gas Corp. v. Department of Energy, 617 F.2d 854
(D. C. Cir. 1980) . .. ......... . .. . .. .. . ... .. ..... . 20
Mead Data Cent., Inc. v. US Dept of Air Force, 556 F.2d 242
-(D.C. Cir. 1977) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 22
 Voinche v. F.B.I., 46 F. Supp. 2d 26, 33 (D.D.C. 1999) . . . . . . . . . . . 23
The Wilderness Society v. Bureau of Land Management,
2003 WL 255971 (D.D.C. 2003) .......................24
Playboy Enterprises, Inc. v. Department of Justice, 677 F. 2d 931
(D.C. Cir. 1982) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Powell v. United States, Dep't of Justice, 584 F. Supp. 1508
(N.D. Cal., 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
National Wildlife Federation v. United States Forest Service,
861 F.2d 1114 (9th Cir. 1988) .. .. .. .......... .. . .. .... 23
Animal Legal Defense Fund, Inc. v. Department of Air Force 44 F.
Supp. 2d 295 (D.D.C. 1999) .. .... ...... . .. . ... . ..... .23
Coleman v. F.B.I., 972 F. Supp. 5 (D.D.C. 1997) .. .. ..... ..... .24
Krikorian v. Department of State, 984 F.2d 461467
(D.C. Cir. 1993) . .. .. .. ..... ..... . .. .. .. . . ... .. . 24
Oglesby v. Department of Army, 79 F.3d 1172 (D.C. Cir. 1996). .... 26, 27
Campaign for Effective Transplantation v. U.S. Food
and Drug Admin., 219 F. Supp. 2d 106 (D.D.C. 2002) . .... .. . . ... 27
Jones v. F.B.I., 41 F. 3d 238 (6th Cir. 1994) . . . . . . . . . . . . . . . . . 27
Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir. 1973) .. . .. . . . .. . 27
Weiner v. FBI, 943 F. 2d 972, 979 (9th Cir. 1991) . ... .. .. .. . ... 27
Church of Scientology Intern. v. U.S. Dept. of Justice,
30 F.3d 224 (1st Cir. 1999). . .... . .. ... . .. ..... .. .. . 28
N.L.R.B. v. Robbins Tire and Rubber Co., 437 U.S. 214, 242 (1978). . . . 28
 Statutes:
Fed. R. Ev. 105. Limited Admissibility . . . . . . . . . . . . . . . . . . . . 15
5 U.S.C. ? 552 (b)(4)(b) . ....... . ... .. .... ... . . .. .. . 16
5 U.S.C. ? 552(b)(5) ....................... .......18
5 U.S.C. ? 552 (b)(6) .... .... ... ...... ... .. .. ... . . 20
5 U.S.C. ? 552(b)(7)(C) . .. ... ..... ..... .... .. . ..... 21
5 U.S.C. ? 552(b)(3) .. ... .... .. .. ... . .. .... ... . . .. 21
50 U.S.C. ? 403g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5 U.S.C. ? 552(b) ... . .. . . .. .. .. ... . .... ..... .. .. 22
OFFER OF PROOF
Bates
Filed herewith:
1 Affidavit of H. Ray Lahr. . . ...... .. . ... ... . .. . . . . 30-31
2 Affidavit of Brett M. Hoffstadt . .... ... . .. ... ... . ..... 32-41
3 Affidavit of Glen H. Schulze .. .... .. .. . ...... . . . . ...42-112
Excel spreadsheets . . . . . . . . . . . . . . . . . . . . . . . . . . . 113-126
Filed with plaintiffs opposition to NTSB summary judgment:
A Affidavit of Brett Hoffstadt . .. . .. ... . . . ........ .. .. 35-39
B Affidavit of Darryl Hambley .. . .. . ... ... ... .... .. .. 40
C Affidavits of Rear Admiral Clarence A. Hill, Jr., USN (Ret) ... . . . 41-51
D Affidavit of Robert Donaldson . .. ... .. ... ... . ... . . .. .
E Affidavits of Thomas Stalcup, Ph.D .. .... ...... . . . .. . 120-128
F Affidavit of David Neal . .. ...... . .. .. .. .... . .. . 150
G Affidavit of Marge Krugar ....................... 151
H Affidavit of Gregory A. Harrison, Ph.D., RE ... ... .. ... . . . 152-154
I Affidavit of Michael Hull, Ph.D . . . .. .. . .. ......... . . 158-159
 J Affidavit of James A. Holtsclaw . . . . . . . . . . . . . .. . . . . . 173
K Affidavits of James D. Sanders ........ .... .... . ... . 174-179
L Affidavit of James Speer . .. .. . ..... .. .. ... . . .. .. .183-187
M Affidavit of Captain Richard Russell ......... ... ... . . 188-190
N Affidavit of Vincent Fuschetti . . . . . . . . . . . . . . . . . . . . . . 191
0 Affidavit of Major Fred Meyer .. ..... . .. . . ....... . 192-206.
P Affidavits of Dwight Brumley . .. .. . . . . . .... .... ... 207-210
Q Affidavit of Dr. Vernon Gross .... .. ..... ... .... ....211
R Affidavit of Mike Wire . .. . ......... .... . ... . ... 214
S Affidavit of Paul Angelides .. .. ... ..... ... ... . .... 215-222
T Captain David McClaine . . . . . . . . . . . . . . . . . . . . . . . . 223-244
U Affidavit of Lisa Perry .... .. . .......... ........ . 245-257
V Affidavit of Colonel Lawrence Pence USAF (Ret) ... . . .. .. .. 258-260
W Affidavit of Michael Rivero . . . . . .. . . . . . . . . . . . . . . . . 261-264
X Affidavit of Captain H. Ray Lahr (Ret.) . ........ .... . .. 265-292
Y Affidavit of Robert Young .... . ... .. ...... ... .. 393-395
Z Affidavit of Tom Leffler . . .. . .. . .... .... .. .. ... 396-460
AA Affidavit of Graeme Sephton . .... ..... . ... . ... .. . 461-466
BB Affidavit of Glen Schulze . .. . .. .. .... .. ... . ... . 467-469
CC Affidavit of Dan McGauley .. . .... ... . .. .... ... .. 470-479
 MEMORANDUM OF POINTS & AUTHORITIES
Preliminary Statement
Plaintiff seeks disclosure of records upon which the CIA's November 17,
1997, conclusion that on July 17, 1996, TWA Flight 800 performed a nose-less,
3,200-foot zoom-climb, was based. Schulze Aff. Bates 47 9118:
It is a major goal of the Lahr FOIA to obtain the detailed aerodynamic
studies, calculations and reports performed by, and sponsored by, the
CIA and their unnamed aerodynamic specialist, i.e. - the work
product which supplied the necessary 15 second zoom-climb scientific
method foundations. Specifically, analog engineering values are
required for the aerodynamic parameters of thrust, drag, lift,
gravitational weight, angle of attack, roll rate, pitch rate, yaw rates,
tri-axial accelerations, airspeed and altitude over the entire 15 second
time period of nose-less flight, and it's descent to earth. The Lahr
FOIA seeks written and electronic records, particularly the trajectory
simulation computer model.
Because plaintiff seeks electronic records of highly technical aerodynamic
data and formulas, plaintiff respectfully suggests that the Court appoint an expert
under Federal Rule of Evidence 706, Court Appointed Experts. Schulze Aff. Bates
105 182:
This trajectory computer model, used jointly by Boeing and the CIA,
should not be withheld from the public on the ridiculous grounds of
being a trade secret or a commercial property advantage. The services
-of a Court Appointed aerodynamic expert should be sought to help
judge the veracity of the "trade secrets" claim for withholding the
trajectory modeling software being requested.
At this juncture, however, the CIA must first file a decipherable Vaughn
index, as set forth below. A proposed order is filed herewith.
 1. The law - equitable balancing test
a. Balancing test
The Ninth Circuit has consistently applied the equitable balancing test to all
exemption claims under the FOIA. In General Services Administration v. Benson,
415 F.2d at 880 (9th Cir. 1969), the government claimed that commercial
information was protected under exemption (b)(4), and that intra-agency
memoranda was protected under exemption (b)(5). The court held:
In exercising the equity jurisdiction conferred by the Freedom of
information Act, the court must weigh the effects of disclosure and
nondisclosure, according to traditional equity principles, and
determine the best course to follow in given circumstances. The
effect on the public is the primary consideration!
There is no conflict among the circuits. See, , Washington Post Co. v.
Department of Health and Human Services, 690 F.2d 252, 268 (D.C. Cir. 1982),
after remand, 795 F.2d 205 (D.C. Cir. 1986), sub. op. 865 F.2d 320 (D.C. Cir.
1989), construing a (b)(4) proprietary information assertion:
A minor impairment cannot overcome the disclosure mandate of
FOIA. Rather, the question must be whether the impairment is
significant enough to justify withholding the information.... This
inquiry necessarily involves a rough balancing test of the extent of
impairment and the importance of the information against the public
interest in disclosure.
See also Newport Pac., Inc. v. County of San Diego, 200 F.R.D. 628,
638 (S.D. Cal. 2001) (construing (b)(5) deliberative process claim) ("[T]he
Court is compelled to take the analysis a step further and determine whether
the government's interest in nondisclosure outweighs the interests of the
litigants and public in disclosure. In In re Franklin, the district court...
weighed the 'public interest in opening for scrutiny the government's
decision making process."' (internal citation omitted)
 The DC Circuit's seminal case construing a (b)(4) proprietary interest
exemption is National Parks & Conservation Ass'n v. Morton, 498 F.2d 765 (D.C.
Carr. 1974). The 9th Circuit followed National Parks in GC Micro Corp. v. Defense
Logistics Agency, 33 F. 3d 1109, 1115, (9th Cir. 1994): "We agree with the D.C.
Circuit that, in making our determination, we must balance the strong public
interest in favor of disclosure against the right of private businesses to protect
sensitive information."
The FOIA's balancing test is well-settled law.2
b. The FOIA's purpose is to shed light on agency performance
In 1989 the Supreme Court recited that the FOIA is intended to "shed light
on an agency's performance of its statutory duties." U.S Dept. of Justice v.
Reporters Committee For Freedom of Press, 489 U.S. 749, 772-73 (1989). Its
"central purpose is to ensure that the government's activities be opened to the sharp
eye of public scrutiny." Id. at 774.
The more notorious the subject, the greater is the public interest in
disclosure.3
See L&, Public Citizen Health Research Group v. FDA, 185 F.3d 898,
908-909 (D.C. Cir. 1999) ("[W]e have twice held that Exemption 4 requires
a balancing in the interest sought in non-disclosure 'against the public
interest in disclosure'.... We held that [t]his inquiry necessarily involves a
rough balancing of the extent of the impairment and the importance of the
information against the public interest in disclosure" (citations omitted);
Public Citizen Health Research Group v. National Institutes, 209 F. Supp. 2d
37, 45 (D.D.C. 2002) (construing (b)(4) exemption) ("The Court is therefore
charged with balancing the public interest in disclosure against private
interest in withholding the information").
Cf. Beck v. Department of Justice, 997 F.2d 1489, 1492-94 (D.C. Cir.
1993) (agency's "Glomarized" request for records concerning alleged
wrongdoing by two named employees was proper because of the absence of
evidence of wrongdoing or widespread publicity of the investigation).
 I c. Evidence of agency malfeasance under the balancing test
2 "Where it appears that the motives or truthfulness of the investigator are in
3 doubt, the public need for supervision and disclosure is necessarily heightened."
4 Castaneda v. United States, 757 F.2d 1010 (9th Cir. 1985). "[T]he public may
5 have an interest in knowing that a government investigating itself is
6 comprehensive, that the report of an investigation released publicly is accurate."
7 Stern v. FBI, 737 F.2d 84, 90 (D.C. Cir. 1984). "[T]he public interest in ensuring
8 the integrity and reliability of government investigation procedures is greater
9 where there is some evidence of wrongdoing on the part of the government
10 official." Hunt v. Federal Bureau of Investi ation, 972 F.2d 286, 289 (9th Cir.
11 1992). Jones v. FBI, 41 F.3d 238 (6th Cir. 1994):
12 [E]ven where there is no evidence that the agency acted in bad faith
13 with regard to the FOIA action itself, there may be evidence of bad
14 faith or illegality with regard to the underlying activities which
15 generated the documents at issue. Where such evidence is strong, it
16 would be an abdication of the court's responsibility to treat the case in
17 the standard way and grant summary judgment on the basis of Vau h
18 affidavits alone.
217 F.3d 1168, 1172-73
19 Directly on point in this Circuit is Favish v. OIC,
20 (9th Cir. 2000) rev'd in part Nat'l Archives & Records Admin. v. Favish, 124 S. Ct.
21 1570, 1581 (U.S. 2004): "The [FOIA] request focuses on how the OIC conducted
22 its investigation... [and is] in complete conformity with the statutory 1purpose...
23 [of] showing that he has knowledge of misfeasance by the agency...
d. Burden of proof
The Supreme Court recently defined a FOIA plaintiffs burden of proof of
124 S. Ct. 1570,
agency bad faith in Nat'l Archives & Records Admin. V. Favish,
1581 (U.S. 2004), which balanced a privacy claim under exemption (b)(7)(C).
(Privacy claims under (b)(6) & (b)(7)(C) are the most litigated FOIA exemptions.)
 We hold that where... the public interest being asserted is to show that
responsible officials acted negligently or otherwise improperly in the
performance of their duties, the requester must establish more than a
bare suspicion in order to obtain disclosure. Rather, the requester
must produce evidence that would warrant a belief by a reasonable
person that the alleged Government impropriety might have
occurred.... the less stringent standard we adopt today is more faithful
to the statutory scheme.
Thus, evidence of "bad faith or illegality with regard to the underlying
activities which generated the documents at issue" (Hunt id.) is relevant to the
Court's balancing of the FOIA's "central purpose" of ensuring "that the
government's activities be opened to the sharp eye of public scrutiny" a orters
Committee id;); against the interest sought to be protected by the exemption.
Plaintiffs burden of proof is evidence that "would warrant a belief by a
reasonable person that the alleged Government impropriety might have occurred."
Favish id.
The more publicity associated with the subject, the greater the public interest
in disclosure. And equity dictates that the more probative the evidence is of
government impropriety, the more weight is to be given the public interest in
disclosure.
2. The facts
A study of the government's probe into the Flight 800 tragedy is a study in
government impropriety. The government withheld, and misrepresented, forensic
test results of the aircraft debris; which in fact showed the presence of explosive
residue. It physically altered the parts of the aircraft debris from the reconstruction
hanger to hide that the initiating event was external to the aircraft. It
surreptitiously seized debris from the hanger showing that missile fire caused the
tragedy. It misrepresented the Radar data that showed missile fire as well as the
 absence of any zoom-climb. It deleted Radar data, deleted Flight Data Recorder
data, and deleted portions of underwater videotapes of the debris. The government
concealed that military assets conducted classified maneuvers in the air, on the
surface, and under the surface, at the time of, and in close proximity to, the
disaster. At its first public hearing, it banned eyewitness materials and testimony,
as well as the results of forensic testing. At its second public hearing it grossly
misrepresented eyewitness testimony.
The records upon which the CIA video-animation was based are the subject
of this action. The animation is a fiction designed to explain away the hundreds of
eyewitness accounts of missile fire.
In order for the government to advance the mechanical failure theory,
it was necessary to explain away the missile-like streak seen by... the
eyewitnesses. The CIA made an astonishing proposal.... [T]he
missile-like streak was the burning aircraft itself.... The CIA would
have us believe that when the nose was blown away, the aircraft
continued to fly and zoom-climb from 13,800 to 17,000 feet, before it
rolled over and crashed into the sea. The burning zoom-climb is
supposedly the streak seen by the eyewitnesses. Never mind that the
eyewitnesses saw the streak rising from the surface, not from 13,800
feet 4
A center-wing-tank explosion could not possibly have been the initiating
event because the tank was empty, there was no ignition source, and, in any event,
the fuel is not flammable and is incapable of exploding. The zoom-climb is
impossible because at least one wing separated early in the crash sequence, a
center-wing-tank explosion would have destroyed the spar supporting the wings,
the aircraft did not slow and so could not have climbed, and, in any event, the
alleged zoom-climb is aerodynamically impossible.
X Lahr Aff. Bates 281 1 88.
 The facts stated above come from an impressive array of 29 expert and fact
witnesses. These facts are set forth in plaintiffs Statement of Genuine issues in
Opposition to CIA's Motion for Summary Judgment. Among the affiants in the
record herein are two aerodynamicists and six air crash investigators, three of
whom were parties to the TWA Flight 800 probe. Seven eyewitness accounts are
included; four of whom witnessed the disaster from the air, and two of whom are
featured in the CIA's animation. One affiant is a retired Admiral. One is a former
NTSB Board member. And one lost her brother in the disaster.
3. Application of the facts to the FOIA's balancing test
Under the FOIA, this Court must balance the interest sought to be protected
by the exemption, on the one hand, against public interest in opening the inner
working of government to public scrutiny, on the other.
The Flight 800 tragedy is the most controversial disaster in aviation history.
The CIA's zoom-climb animation is so outrageous as to be characterized as "the
boldest and most flagrant lie ever visited on the American people in peacetime." s
The probe's investigative history, virtually all the forensic evidence, the eyewitness
accounts, and the application of the immutable laws of physics, can all be
reconciled with only one conclusion: The government covered up the true cause o
the disaster.
Plaintiff does not ask the Court to adjudicate the cause of Flight 800's
demise.6 Plaintiff seeks the underlying records upon which the CIA's zoom-climb
First.Strike, J. Cashill & J. Sanders, WND Books 2003, Chap. 9, The
Big Lie, at 155.
Fed. R. Ev. 105. Limited Admissibility: "When evidence which is
admissible as to one party or for one purpose but not admissible as to
another party or for another purpose is admitted, the court, upon request,
shall restrict the evidence to its proper scope..."
 conclusion was alleged to have been based, and he is hard-pressed to imagine a
more fit case for the application of the FOIA's equitable balancing test.
4. Exemptions asserted
The agency has the burden to justify the nondisclosure of records and
establish that a particular record, or portion thereof, is exempt from disclosure.
Citizens Commission on Human Rights v. FDA, 45 F.3d 1325, 1328 (9th Cir.
1995); Church of Scientolo v. U.S. De artment of the Army, 611 F.2d 738, 742
(9th Cir. 1979). Under the FOIA, an agency's decision to withhold information
from a FOIA requester is subject to de novo review by the district court. Hayden v.
National Security A.encv/Cent. Sec. Serv., 608 F.2d 1381, 1384 (D.C. Cir. 1979),
cert, denied, 446 U.S. 937 (1980). And all claims of exemptions are to be
narrowly construed. Favish v. OIC, 217 F.3d at 1172 (9th Cir. 2000) rev'd in part
Nat'l Archives & Records Admin. v. Favish, 124 S. Ct. 1570, 1581 (U.S. 2004).
a. Exemption 4 "trade secrets" is unavailable
The NTSB asserts Exemption (b)(4),7 claiming Boeing trade secrets.
"[Ejvidence revealing (1) actual competition and (2) a likelihood of substantial
competitive injury is sufficient to bring commercial information under Exemption
4." GC Micro Co K2. v. Defense Logistics Agency, 33 F.3d 1109, 1113 (9th Cir.
1994).
Contrary to the government's assertion, there is no chance that Boeing would
suffer a substantial competitive injury upon disclosure, as former Boeing
aerodynamicist Brett Hoffstadt's affidavit makes abundantly clear:
In summary, the release of data in the Records will most likely have
5 U.S.C. ? 552 (b)(4)(b): "This section does not apply to matters that
are trade secrets and commercial or financial information obtained from an
individual and privileged or confidential"
 zero to negligible impact on the market value, competitive advantage,
or sole source position of Boeing and its subsidiaries in relation to the
747 Classic SDP, simulators and related services. The remaining
barriers and investments for a competitor to offer similar products and
services are incredibly high, the market for these products and
services has long past its peak demand, the future demand is in
predictable permanent decline known to eventually be nonexistent,
and Boeing would nonetheless remain the established authority and
preferred source for these products and services due to its position as
the developer and manufacturer of the aircraft in question.8
Additionally, as plaintiffs affidavit recites, the government already released
Boeing-supplied data in the NTSB's Flight Path study:9
BOEING TWA FLIGHT 800 DATA
Nose Separation
Aft
Parameter
Before Nose Separation
er
Gross Weight (lbs.)
574000
494606
%MAC
G
C
21.1
57.8
.
.
lyy slug-ft2
27790000.0
15780000.0
box slug-ft
19110000.0
18970000.0
The government failed its burden of proving that release of the withheld
data, of an aircraft placed in service 37 years ago, and since succeeded by three
successive models, could competitively harm Boeing.10
And Boeing's affidavit is belied by Boeing's own press release, issued the
same day the CIA's video-animation was broadcast:
2 Hoffstadt Aff. Bates 40 145.
X Lahr Aff. Bates 273 157.
X Lahr Aff. Bates 375-378 Ex. 13 (Boeing 747 series).
 "Boeing was not involved in the production of the video shown today,
nor... fully understand the data used to create it. While we provided
basic aerodynamic information... we are not aware of the data that
was used to develop the video."11
The government is not permitted to withhold records of information that
Boeing's competitors already know. Hughes Aircraft v. Schlesinger, 384 F. Supp.
292, 304 (N.D. Cal. 1974).
b. Exemption 5 "deliberative process privilege"
is largely unavailable
Exemption 5 was intended to incorporate the government's common law
privilege from disclosure in litigation, including the deliberative process
privilege.12
(1) CIA animation is an agency final report
"It appears to us that the [Supreme] Court meant in Sears to establish as a
general principle that action taken by the responsible decision maker in an agency's
decision-making process which has the practical effect of disposing of a matter
before the agency is 'final' for purposes of FOIA." Rockwell Int'l Corp. v DOJ,
235 F.3d 598, 602 (D.C. Cir. 2001) (internal citation omitted).
D Donaldson Aff. Ex. 21 Bates 114.
5 U.S.C. ? 552(b)(5) exempts from disclosure "inter-agency or intra-
agency memorandums or letters which would not be available by law to a
party other than an agency litigation with the agency."
 The CIA video-animation, broadcast to millions of Americans on November
18, 1997, was unquestionably a final agency disposition, contrary to the CIA's
assertion.13
(2) Deliberative process privilege is unavailable
to shield disclosure of post-decisional records
To fall within the deliberative process privilege, the record must be
'predecisional' in nature." Marico a Audubon Soc'y v. U.S. Forest Service, 108
F.3d 1089 (9th Cir. 1997) quoting NLRB v. Sears, Roebuck & Co., 421 U.S. 132,
149 (1975).
Of the 42 records that the CIA disclosed (see 3 Shulze Aff. Bates 13-97), 30
are undated or postdate the public release of defendant's zoom-climb video-
animation. No portions of these records can be withheld under the deliberative
process privilege. The court in Exxon Corp v. Federal Trade Com'n, 466 F. Supp.
1088, 1097 (D.C. 1978) recognized that Exemption (b)(5) is unavailable to shield
post-decisional records from disclosure. "As a matter of logical extension of this
principle courts have established the general rule that pre-decisional, deliberative
memoranda are privileged, while post-decisional memoranda - communications
designed to explain a decision already made - are not." (citations omitted.)
(3) Deliberative process privilege does not apply
to records adopted in a final agency disposition
Nor is the privilege applicable to records adopted in an agency disposition,
as the court observed Niemeier v. Watergate Spec. Prosecution Force, 565 F.2d
967, 971-72 (7th Cir. 1977). "[I]f an agency chooses expressly to adopt or
13 CIA Motion for Partial Summary Judgment at 18: "In this case, the
CIA has relied on the deliberative process privilege and Exemption 5 to
withhold certain materials created as part of the analysis that continued after
the CIA video concerning the explosion of TWA Flight 800 was shown to
the public."
 incorporate by reference an intra-agency memorandum previously covered by
Exemption 5 in what would otherwise be a final opinion, that memorandum may
be withheld only on the ground that it falls within the coverage of some exemption
other than Exemption 5."
"[Al predecisional, deliberative communication sheds the privilege if
adopted as policy or in public dealings." Newport Pac., Inc. v. County of San
Diego , 200 F.R.D. 628, 637-8 (S.D. Cal. 2001).
(4) Deliberative process privilege does not apply
to purely factual, investigative records
The privilege is not applicable to "purely factual, investigative matters"
which do not "reflect[] deliberative or policy making processes." EPA v. Mink,
410 U.S. 73, 89 (1973). Plaintiff seeks factual data. This case is like Assembly o
Cal. v. United States DOC, 797 F. Supp. 1554, 1567 (E.D. Cal. 1992), where the
court found that "the material [computer tapes with adjusted census data] was
purely factual and in no way divulged the reasoning process... [and disclosure]
would not reveal anything more about the deliberative process than has already
been disclosed by the agency."
"The privilege applies only to the 'opinion' or 'recommendatory' portion of a
document, not to factual information which is contained in the document." Coastal
States Gas Corp. v. Department of Energy, 617 F.2d 854, 867 (D.C. Cir. 1980).
Segregable portions of factual material which would not expose the deliberative
process are not subject to the deliberative process privilege. Mead Data Cent.. Inc.
v. US Dg t of Air Force, 556 F.2d 242, 246 (D.C. Cir. 1977).
c. Exemptions 6 and 7(C) - privacy
5 U.S.C. ? 552 (b)(6) permits the government to withhold all information
about individuals in "personnel and medical files and similar files" when the
 disclosure of such information "would constitute a clearly unwarranted invasion of
personal privacy."
5 U.S.C. ? 552(b)(7)(C) provides that the FOIA does not apply to matters
that are "records or information compiled for law enforcement purposes, but only
to the extent that the production of law enforcement records or information... could
reasonably be expected to constitute an unwarranted invasion of personal
"
privacy ...
Plaintiff does not contest the CIA's withholdings of the names of individuals
Plaintiff does, however, object to any redaction of an individual's job title and job
description, as such information would tend to "shed light on an agency's
performance of its statutory duties." U.S Dept. of Justice v. Reporters Committee
For Freedom of Press, 489 U.S. 749, 772-73 (1989).
d. Exemption 3 "other statutes" does not apply
to CIA analyst Randolph M. Tauss
5 U.S.C. ? 552(b)(3) "Exemption 3" provides that the FOIA does not apply
to matters that are exempted from disclosure by statute.14 The statute upon which
the CIA relies is 50 U.S.C. ? 403g, which, as recited by defendant:
"[E]xempts the CIA from 'the provisions of any other law which
require the publication or disclosure of the organization, functions,
names, official titles, salaries, or numbers of personnel employed by
the agency[],' [t]ogether with a statute that directs Director of National
5 U.S:C. ? 552(b)(3): "[S]pecifically exempted from disclosure by
statute, (other than section 552(b) of this title) provided that such a statute
(A) requires that the matters be withheld from the public in such a manner as
to leave no discretion on the issue, or (B) establishes particular criteria for
withholding or refers to particular types of matters to be withheld.
 intelligence to 'protect intelligence sources and methods from
unauthorized disclosure..."'
Motion for Summary Judgment at 14.
But defendant incorrectly argues that the information does not "match the
information previously disclosed" and it has not been "officially acknowledged."
Motion for Summary Judgment at 15. The Washington Times article (attached to 1
Lahr Aff. Bates 31) identifies Randolph M. Tauss as having received "an
intelligence medal for his work on the crash." That December 2003 article further
states that "[t]he CIA recently declassified a once-secret report on the eyewitnesses
to the crash." Clearly, this report has been officially acknowledged, and the
information withheld, the name Randolph M. Tauss, "match[es] the information
previously disclosed."
5. Failure to segregate
The FOIA requires that "any reasonably segregable portion of a record shall
be provided to any person requesting such a record after deletions of the portions
which are exempt." 15 "The focus in the FOIA is information not documents and
agency cannot justify withholding an entire document simply by showing that it
contains some exempt material." Mead Data Central, Inc. v. U.S. Dept. of Air
Force, 566 F. 2d 242, 368 (D.C. Cir. 1977).
Here, defendant's motion is silent on the issue of segregation, as is the
August 15, 2005 Second Declaration of Terry N. Buroker. Defendant does
mention segregation in its first Buroker declaration, wherein the affiant makes only
blanket statements regarding all the records (at in 7 & 40):
My determination of segregability was made based upon a careful
review of the documents in this case, both individually and as a
i5
5 U.S.C. ? 552(b) (sentence immediately following exemptions).
 whole. When reviewing individual documents, a line-by-line review
was conducted...
Factual material was examined carefully to determine whether it could
be segregated and released. However... what constitutes "facts" in
this scenario... is an integral part of the deliberative process itself....
And, in some instances, the facts are so inextricably intertwined with
privileged deliberations...
However, the selection of facts to be included in a record is not part of the
deliberative process.16 The court in Voinche v. F.B.I., 46 F. Supp. 2d 26, 33
(D.D.C. 1999) refused to grant summary judgment because agency's blanket
statement was inadequate,17 as is the CIA's. The court in The Wilderness Society
v. Bureau of Land Management, 2003 WL 255971 (D.D.C. 2003) required the
government to file a supplemental Vaughn index to correct conclusory and
generalized exemption claims. Plaintiff asks for similar relief.
See Pla bo Ente rises Inc. v. De artment of Justice, 677 F. 2d 931,
935 (D.C. Cir. 1982) ("mere fact that a person writing a factual report must
select certain facts and omit others does not qualify factual report for
deliberative process privilege"). See also Powell v. United States, Dep't of
Justice, 584 F. Supp. 1508, 1519 (N.D. Cal., 1984) ("factual material
contained in deliberative memoranda cannot be considered to be intertwined
with legal or policy matters solely on the broad theory that the very choice
of which facts to present necessarily reveals the writer's viewpoint.");
National Wildlife Federation v. United States Forest Service, 861 F.2d 1114,
1119 (9th Cir. 1988) ("the ultimate objective of exemption 5 is to safeguard
the deliberative process of agencies, not the paperwork generated in the
course of that process.").
See also Animal Legal Defense Fund Inc. v. De artment of Air Force 44 F.
Supp. 2d 295, 301, (D.D.C. 1999) (court denied the government's motion for
summary judgment in part because its declaration was insufficient on the
segregability issue).
 Regarding the CIA's withholding of six records in their entirety, totaling 66
pages, plaintiffs affiant Glen Schulze avers:
These estimated 15,000 to 20,000 words are being withheld most
likely because they are the critical evidentiary components which, if
released to the public, would provide a sturdy foundation for citizen
destruction and ridicule of the CIA TWA FL 800 work product.
For the CIA "denial in full" of these six documents, supported by the
Boeing Company affidavit, to be based upon "technical data
consisting of trade secrets and/or confidential commercial
information" is ludicrous. How can the aerodynamic performance of
a crippled, noiseless airline - climbing at a rate of 2600 ft in 15
seconds while its maximum climb rate at takeoff was 500 ft in 15
seconds - be considered a trade secret? 18
The court in Coleman v. F.B.I., 972 F. Supp. 5, 9 (D.D.C. 1997) rejected
narratives on "deleted page sheets" and required the agency to redo its index to
"inform the court as to the contents of individual documents and the applicability
of the individual Exemptions." Similarly, the court in Krikorian v. Department of
State, 984 F.2d 461467 (D.C. Cir. 1993), remanded the case for a segregability
determination for "each of the withheld documents."
6. CIA's Vaughn index requires resubmission
Defendant's Vaughn index, and production, is highly probative of agency
bad faith.
The CIA's June 20, 2005, Vaughn index, filed without a copy of the records,
purported to identify 29 records by using one-page Document Disposition Index
forms (pp. 41-70). These forms identified the records by Document Number. But
the only numbers appearing on the records themselves are MORI DocID numbers,
18 3 Schulze Aff Bates 104184.
 none of which match the numbers on the Document Disposition Index forms.
Thus, defendant's June 20 Vaughn index was worthless. Additionally, the June 20
Document Disposition Index forms listed a total of 107 pages. Yet the CIA
produced 246 pages in February - a 139 page discrepancy.
Adding the 128 pages identified in its two Document Disposition Index
pages in its August 16 filing, the CIA identified 255 pages. But attached to that
filing were 388 pages - a 133 page discrepancy.
With its motion for summary judgment filed on August 16, 2005, the CIA
produced 388 pages of records, attached to its Second Declaration of Terry N.
Buroker. That August 16 Declaration contains a chart (at 18) purporting to
correlate the June 20 Document Number with the MORI DocID number.
Preceding that chart the affiant declared: "A true and correct copy of the records
withheld in part, as released to the Plaintiff, is attached hereto as Exhibit A. For
the purposes of clarity, these records bear the following identification numbers."
But that chart, filed almost two months late,19 did little to enable plaintiff to
decipher what records were produced and withheld, nor to correlate the exemptions
asserted with the records withheld. See 3 Schulze Aff. 119: "The assigning of
MORI numbers to undated, unnumbered pages in a random and reverse
chronological order - regardless of the intrinsic value of the document's redacted
content - is in itself serious grounds alone for registering strong dissatisfaction
with the chaotic format of the CIA response."
"Multiple different records contained the same" MORI DocID numbers (id.
9[ 22). This misleading and confusing listing occurred in at least ten records. Id. 11
3 Schulze Aff. 128: "This affidavit is revised. I first completed this
affidavit on August 1st. That version did not have any entries for 'CIA page
numbers from the Aug 16 production,' but instead had'Va ughn index page
number.' All columns read 'Not appear in Vaughn index.' I also added the
'Vaughn index comparison' sections."
 43, 45-46, 48, 55, 56-58, & 59-60. Similarly confusing and misleading, on three
occasions (id, 1130, 34 & 41), the CIA "spread out in pages with different MORI"
DocID numbers "the same record." Id. 122.
The August 16 production does not include at least four records that had
been previously produced in redacted form. Id. ?9[ 30-32, 39 & 61. In one instance,
"[t]hese document records have been redacted by removing an unknown number o
important pages..." Id. 130. In another case in point, "[b]ased on textual
discontinuity and the lack of page numbers" (id. 176) "it is impossible to
determine the exact number of missing pages." Id. 139.
The August 16 chart misstated the MORT DocID numbers corresponding to
Document Disposition Index pages 66 and 68. Id. 125. The June 20 Document
Disposition Index identifies an "Analyst Note" as having been released in part (at
p. 59), but that page does not appear in the June 20 chart (Second Buroker Dec. 91
8) - leaving no way to identify the three-page record corresponding to the
Document Number.
And on it goes. Defendant asserts that it has withheld in full six records
(Buroker Dec. 1 7). Yet, defendant's June 20 Document Disposition Index
identifies only five (pp. 56-58, 63 & 65). Defendant "[o]mitted from August 16
production [r]ecords which the CIA produced in February." Id. 124(C). Plaintiffs
affiant identifies ten sets of records which are not identified in the CIA's Vaughn
index (id. 919[ 30-39), and two records which are listed in the index but not produced
in the August 16 production (id. 7161-62).
And the CIA failed to identify nine responsive records which it has in
electronic format. Id. IN 31, 33, 44, 47, 62, 66-69. The fact that a significant
number of responsive records have not been identified is a "positive indication[] of
overlooked materials." Oglesby v. Department of Army, 79 F.3d 1172, 1185 (D.C.
Cir. 1996).
 "Without a proper Vaughn index, a requester cannot argue effectively for
disclosure and this court cannot rule effectively." Campaign for Effective
Transplantation v. U.S. Food and Drug Admin., 219 F. Supp. 2d 106, 116 (D.D.C.
2002). The CIA's Vaughn index cannot possibly "'enable[] the court to make an
independent assessment of the claim[s] of exemption."' Jones v. F.B.I., 41 F. 3d
238, 242 (6th Cir. 1994) (quoting Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir.
1973) 20 "The description and explanation the agency offers should reveal as much
detail as possible as to the nature of document without actually disclosing
information that deserves protection." Oglesby v. US Dept. of Army, 79 F.3d 1172,
1176, (D.C. Cir. 1996).
7. CIA's conduct evidences bad faith
The CIA's June 20 Vaughn index did not include any way to identify the
records to which it referred, and the total pages identified in it were 139 fewer than
the CIA produced. Its late-filed August 16 production differed from its Vaughn
index by 133 pages. The CIA claims to have produced around 100 records; while
it produced 42 - 21 of which are undated. The assignment of MORI Dod D
numbers were random, and, insofar as they are dated, in reverse chronological
order. Ten times the CIA assigned multiple records the same MORI DoclD
number, and three times it assigned multiple MORI DoclD numbers to a single
record. Its August 16 production omitted at least four records that had been
provided in redacted form; at least twice it removed pages. It omitted a record
from its August 16 chart, leaving no way for plaintiff to identify the record. It
misstated the MORI DocID numbers corresponding to two of its Document
Disposition Index pages. Defendant asserted that it withheld six records in their
entirely, yet it identified only five. It omitted from its August 16 production
20 See also Weiner v. FBI, 943 F. 2d 972, 979 (9th Cir. 1991) (remanding case
for a more thorough Vaughn index.)
 By Coun 1
28
11 21 N.L.R.B. v. Robbins Tire and Rubber Co., 437 U.S. 214, 242 (1978).
records which it had previously produced, and omitted ten sets of records from its
Vaughn index. Two sets of records are listed in the index but not produced in the
August 16 production, and it failed to identify nine responsive records which it has
in electronic format.
Plaintiffs affiant aptly characterized the CIA's production and Vaughn index
as the "CIA's Rubik Cube Format of Submitted Records." Id. 9[ 85. To the extent
that the CIA's puzzle can be solved, Mr. Schulze has done so by having spent over
70 hours assembling Excel spreadsheets, attached to his affidavit, Bates 113-126.
The court in Church of Scientology Intern. v. U.S. De t. of Justice, 30 F.3d
224, 233 (1st Cir. 1999), explained that a good faith presumption of agency
affidavits is applicable "only when the agency has provided a reasonably detailed
explanation for its withholdings." The reasonable inference to be drawn from
defendant's abysmal performance is that did not act in good faith.
Conclusion
"[A] basic purpose of the FOIA is to... [provide] a needed check against
corruption... X21 The relevant issues under FOIA's balancing test are the genesis
and breadth of the controversy, and the government's pattern and practice of bad
faith in the underlying activities that generated the records at issue.
The Court cannot possibly decide this case until the CIA makes a good faith
effort to provide a decipherable Vaughn index.
Date: September 13, 2005.
Respectfully submitted,
H. Ray Lahr
 PROOF OF SERVICE - BY MAIL
DISTRICT OF COLUMBIA:
I am a resident of the District of Columbia, over the age of 18 years. My business
address is 1717 K Street, NW, Suite 600, Washington, DC 20036. I am counsel
for plaintiff.
On September 13, 2005, I served a true copy of PLAINTIFF'S OPPOSITION
TO CIA'S MOTION FOR PARTIAL SUMMARY JUDGMENT, including
(1) PLAINTIFF'S MEMORANDUM IN OPPOSITION TO CIA'S MOTION FOR
PARTIAL SUMMARY JUDGMENT, (2) AFFIDAVIT OF H. RAY LAHR,
(3) AFFIDAVIT BRETT HOFFSTADT, & (4) AFFIDAVIT GLEN L. SCHULZE
on the interested parties in this action by first class mail proper postage prepaid,
addressed to:
David M. Glass, Esquire
Assistant United States Attorney
20 Massachusetts Avenue, NW
Room 7140
Washington, DC 20530
I declare under penalty of perjury that the foregoing is correct and that this
Proof of Service was executed on September 13, 2005.
John H. Ploke
 AFFIDAVIT OF CAPTAIN H. RAY LAHR
1. My name is H. Ray Lahr. I am the plaintiff in this case.
2. The attached copy of the Dec. 5, 2003, Washington Times article is authentic.
3. The videotape of part of the testimony of NTSB investigator Hank Hughes
before the US Senate was lodged with my opposition to the NTSB's motion
for summary judgment. I transcribed that excerpt of the Senate hearing.
The transcript appears below, and is accurate.
5. Partial transcript of the testimony of NTSB investigator Hank Hughes before
the United States Senate on Monday, May 10, 1999, being questioned by
Senator Charles Grassley:
Hank Hughes: I actually found this man with a hammer pounding on a piece of
evidence trying to flatten it out.
Senator Grassley: What was the purpose of his doing that?
Hank Hughes: I have no idea, sir. Another problem that occurred, and it was
recognized about two months into the investigation, was the disappearance
of parts from the hanger. We found that seats were missing and other
evidence had been disturbed. The FBI, on my last complaint, did act, and
they found at three o'clock on a Saturday morning two or three of their own
agents were in our hanger. It was not authorized. I supervised that project,
and these people had no connections to it. There were 430 passenger seats
and 21 crew seats, had the seat covers removed, and they were commingled
in a dumpster. About two months into the investigation, I went to the
dumpster, with the - with the assistance I have to say of an FBI agent, and
we tried to sort out the materials. And then we found that in addition to the
seat covers, actually seats that had been missing that were mistakenly
thrown in there.
I hereby certify under penalty of perjury that the reloing is true and correct.
Date: September 13, 2005.
Cap *n . Ray Lahr (Ret.)
0"030
 Affidavit
COMPLIANCE EVALUATION
OF THE CIA RESPONSE TO THE LAHR FOIA
Glen H. Schulte
Littleton, Colorado
6 September, 2005
Contents Paragraph
PREAMBLE
Background ................................... 1-16
CIA Zoom - Climb Animation Video Transcript .... . ... .... ... 17
Lahr FOIA ................................... 18
The CIA's Record Management System and CIA MORI Numbers .. . . . 19
Introduction and Methodology
for Inventory Grouping of FOIA Documents Tab A, B and C .... 20-22
Vaughn Index . . . . . .. .. . . . . . . . . . .. . ... . . 23-25
Evaluation Review Explanation ... ....... .... ... ..... ... 26-28
I. EVALUATION OF CIA-PRODUCED RECORDS Paragraphs
Summary of LID No. Tab A Documents Pages 5A through 56A
Lahr ID Nos. 1-10 .......................... 29-39
Summary of LID No. Tab B Documents Pages 58B through 211B
Lahr ID Nos. 11-23 ................ ...... .. . . 40-53
Summary of LID No. Tab C Documents Pages 213C through 285C
Lahr ID Nos. 12-32 ........................... 54-62
Nine New LID Nos. on 6 Sep;, 2005 . . . . . . . .. . . .. . . ... 63-71
II. CONCLUSIONS AND LISTINGS OF THE MAJOR FOIA RESPONSE
SHORTCOMINGS OF CIA PRODUCED RECORDS
Conclusions 1-10 ............................ 72-85
M. EVALUATION RECORDS PRODUCED BY AIR FORCE, Page
DEPARTMENT OF TRANSPORTATION, NASA, & FBI........65
IV. Chart: Summary of FOIA requests and deficiencies..... ......65
V. CV ...................................... 70
Attachments: Five Excel spreadsheets, Tabs A, B, C, D and E
000042
 PREAMBLE
Background
1. My name is Glen Schulze.
2. I am a Life Member of The Institute of Electrical and Electronic Engineers and I
have accumulated over 40 years of experience as an engineering specialist in the field of
recording systems, electronic instrumentation systems and tape storage devices. I have
been qualified as an expert witness and I have given courtroom testimony as a Cockpit
Voice Recorder Black Box Specialist. A summary CV is attached at the end of this
affidavit.
3. I have devoted between 1400 and 1600 hours reviewing the entire collection of
the NTSB Reports and other official NTSB documents related to the TWA Flight 800
Cockpit Voice Recorder (CVR) and the Flight Data Recorder (FDR) Accident Tapes. I
have additionally reviewed the constructive evaluation of the NTSB FL 800 CVR and
FDR sections of the "TWA FL 800 Interim Report to Congress" by Commander William
Donaldson (Ret.) and other members of his ARAP (Association of Retired Airline Pilots)
organization as well as pertinent comments from other citizen accident reviewers. I have
also reviewed and evaluated the NTSB's responses and their attempted but flawed
compliances to at least three FOIA requests for FDR tape copies.
4. I personally traveled two thousand miles to NTSB Headquarters in Washington
D.C on 12 December, 2000 at the request and expense of Mr. and Mrs. Donald Nibert
who lost their sixteen year old daughter aboard FL 800. During an intensive two hour
meeting I presented the findings and proof of my missing (and withheld) four second data
analysis in person to the Niberts, NTSB Chairman Jim Hall and his FDR specialists,
Cash, Grossi and Ellingstad.
5. 1 have reviewed the waveforms of the 105 milliseconds of the sudden loud sound
at the end of the CVR tape reported to be at the beginning of the post-disintegration flight
trajectory as charted and discussed by the NTSB in their official FL 800 reports. I have
also reviewed the NTSB's published sound waveforms obtained from the UK
Bruntingthorpe destructive explosion tests of a decommissioned Boeing 747 performed
as an adjunct to the investigation of FL 800.
6. Along with JFK former staff member Pierre Salinger and author/investigator Jim
Sanders I participated in a major press conference in the spring of 1997 at the Willard
Hotel in Washington D.C. Based on my experience gained in Advanced Radar Systems
operations and evaluations at the White Sands Missile Range in Mew Mexico I provided
a professional critique of the erroneous FBI interpretations being made about the last few
seconds of radar returns received from TWA FL 800 by the FBI's Jim Kallstrom.
0000-43
 7. Furthermore, I have spent over 450 hours reviewing over 600 pages of records
produced by the CIA, Air Force, Department of Transportation, NASA, and the FBI
produced in response to the Lahr FOIAs. I have also reviewed, and typo corrected, the
"Document Index" portion of the CIA's Vaughn index.
8. When TWA 800 exploded and disintegrated off Long Island on 17 July, 1996
hundreds of eyewitnesses observed one or more aspects of the event. A significant
number of the eyewitnesses --- over 110 of the total of 755 eyewitnesses --- reported
seeing an object rising from very near the surface and traveling in the sky before seeing
and hearing a series of explosions of TWA 800, resulting in sudden fireballs and falling
sheets of flame. The FBI asked the CIA to help answer the question, "What did the eye
witnesses see?"
9. After receiving an early and limited number of FBI Form 302 witness reports,
along with other related data such as from FAA Radar returns, black box flight recorders,
debris fields, etc., the CIA analysts reached a firm analytical conclusion on 30 December,
1996.
10. The CIA concluded, 5 months after the incident, that the witnesses had only seen
the crippled Boeing 747 airliner in its final 15 - 20 seconds of aerodynamic flight before
free-falling to the Atlantic Ocean.
11. The CIA, working on the behalf of the FBI, created a video flight simulation
showing the 747, with the 747 nose section explosively departing the aircraft, and then
arching upward and continuing on in stable flight for 15 seconds. This video was to
become known as the "CIA 15 second Zoom-Climb Video".
12. The CIA video simulation showed the nose-less TWA 800 gaining approximately
3,000 feet altitude, in stable and wing level attitude, before losing forward flight
momentum and then free-falling vertically to the ocean.
13. The CIA stated its video simulation was based on thousands of hours of
computerized modeling of witness triangulation geometry correlated with and checked
against various FAA Radar tracks from multiple radars as we'll as data extracted from
CVR and FDR black box recorders. However, no supporting aerodynamic calculations
were begun until almost a year later.
14. This CIA video and the attendant explanations of what the eyewitnesses saw was
first presented to the public in November 1997, 16 months after the disintegration of
TWA 800 and eleven months after the CIA had reached their conclusions of what the
eyewitnesses had seen. The two eyewitnesses, whose testimony was featured in the
video, challenged the "CIA 15 second Zoom-Climb Video" claiming that that was not
what they had observed.
15. Additionally, several highly credible aerodynamicists and physicists claimed the
CIA video of 15 seconds of stable, nose-less and altitude-gaining flight of the massive
3 000044
 747 are contrary to the laws of aerodynamics and physics. In a survey of "Aviation Week
and Space Technology" readers the majority did not accept the CIA 1997 zoom-climb
video as aerodynamically believable.
16. The CIA analysts had provided the FBI a textual report on its Zoom-Climb
analysis in April, 1997, 10 months after the incident. Further, the CIA analysts, in
testimony given to the NTSB TWA 800 Witness Group in April 1999, 34 months after
the incident, again had to defend their Zoom-Climb video by claiming scientific
validation of their conclusion by an unnamed and highly experienced aerodynamicist
relying on his expertise in aerodynamic flight and flight related parameters.
CIA Zoom-Climb Animation Video Transcript
17. AUDIO TRANSCRIPT OF CIA VIDEO ANIMATION:
"Just after the aircraft ex loded it pitched u abruptly and climbed several
thousand feet from its last recorded altitude of about 13,800 feet to a maximum
altitude of about 17,000 feet. This is consistent with information provided by
NTSB investigators and Boeing engineers who determined that the front third of
the aircraft, including the cockpit, separated from the fuselage within four
seconds after the aircraft exploded. This significant loss of mass from the front
of the aircraft caused the rapid pitch-up and climb.
The explosion although very loud, was not seen by any known eyewitness.
"However, the subsequent small fire trailing from the aircraft was visible to the
closest eyewitnesses on land, sea, and in other aircraft. It was repeatedly
described as an ascending white light resembling a flare or fireworks, but it was
difficult to see against the relatively light sky.
Shortly after Flight 800 reached the peak of its ascent about 20 seconds after it
exploded, a fireball erupted from the aircraft. This was clearly visible to many
eyewitnesses. The aircraft then went into a steep and rapid descent. As the
aircraft descended, it produced an increasingly visible fire trail. When the jet
reached an altitude of roughly one mile, about 42 seconds after it exploded, its
left wing separated from the fuselage releasing unburned fuel. The fuel's
subsequent ignition and blaze produced a dramatic cascade of flame visible to
witnesses more than 40 miles away and detected by infrared sensors aboard a
U.S. satellite.
About seven seconds after the left wing detached, and 49 seconds after the initial
explosion, the burning debris hit the water."
000045
4
 Written CIA statement at end of video:
"The preceding CIA analysis included eyewitness statements obtained by the FBI
and data provided by the NTSB. Judgments concerning whether criminal activity
caused the crash of TWA Flight 800 are the responsibility of the FBI."
Additional comments on the zoom-climb video and its model were provided by the CIA
as follows:
"CIA analysts developed this model using observations from key
eyewitnesses who were closest to the disaster and who provided detailed
descriptions of what they saw and heard. This portrayal was then
evaluated against descriptions provided by more than 200 additional
eyewitnesses. Not surprisingly, most eyewitnesses saw only the most
conspicuous segment of the disaster, the fire trail and cascade of flames in
the 10 to 15 seconds before the aircraft hit the water.
Analysts used two techniques to determine that these eyewitnesses saw
only the end of the aircraft's descent. First, sound of the aircraft's
explosion took more than 40 seconds to reach each of the 58 eyewitnesses
who reported hearing sounds associated with the disaster. Therefore, any
events those eyewitnesses reported seeing at about the time that they heard
the first sound took place well after the explosion. In fact, this technique
was used to determine that one eyewitness's observations began more than
17 seconds after the aircraft hit the water. Second, many eyewitnesses,
including most of those who reported hearing sounds, described only
events that happened within about 10 seconds of when the left wing
detached from the fuselage. This was an extraordinary sight as two
distinct fireballs and a trailing cascade of flames followed by the burning
fuel fell to the ocean. Since the left wing is believed to have detached
about 42 seconds after the aircraft exploded, none of these observers, a
total of 223, saw events occurring near the time when the recording ended,
so of the 244 eyewitness reports analyzed by the CIA, most described
observations made only during the final moments of the disaster, well after
the aircraft exploded. The 21 eyewitnesses whose observations began
earlier described what was almost certainly the aircraft itself in various
stages of crippled flight after it exploded. Those who said they saw
something ascend and culminate in an explosion probably saw the burning
aircraft ascend and erupt into a fireball just after it reached its maximum
altitude. From a distance of nine miles or more, this may have looked like
a missile attacking an aircraft. But nothing in their statements leads CIA
analysts to conclude these eyewitnesses, in fact, saw a missile. Indeed,
several eyewitnesses who suspected that they had watched a missile
destroy an aircraft were puzzled that they hadn't actually seen the aircraft
before the missile hit it.
000046
5
 To date, there is no evidence that anyone saw a missile shoot down TWA
Flight 800. Initial speculation that a missile was involved was based
totally on the statements of eyewitnesses who were seeking to assist the
Federal Bureau of Investigation and the National Transportation Safety
Board as these agencies probed into the possible causes of the tragedy.
Without the assistance of these eyewitnesses, the accounting given here
would not have been possible." (The end)
Lahr FOIA
18. It is a major goal of the Lahr FOIA to obtain the detailed aerodynamic studies,
calculations and reports performed by, and sponsored by, the CIA and their unnamed
aerodynamic specialist, i.e. - the work product which supplied the necessary 15 second
zoom-climb scientific method foundations. Specifically, analog engineering values are
required for the aerodynamic parameters of thrust, drag, lift, gravitational weight, angle
of attack, roll rate, pitch rate, yaw rates, td-axial accelerations, airspeed and altitude over
the entire 15 second time period of noseless flight, and it's descent to earth. The Lahr
FOIA seeks written and electronic records, particularly the trajectory simulation
computer model.
The CIA's Record Management System and CIA MORI Numbers
19. The long awaited CIA first document group response to the Lahr FOIA, over 15
months in preparation, reportedly provided approximately 100 documents and 340 pages
of CIA analyst work product. In reviewing these documents the reviewer is forced to
confront ---and in effect evaluate-- the CIA's Record Management System and the CIA's
MORI (Management of Officially Released Information) numbering format.
Existing located CIA documents whose release was "Denied in Full" by the CIA
respondents were not assigned CIA MORI Nos. and their existence and their content did
not become obvious until 20 June 2005 with the introduction of the CIA "DOCUMENT
INDEX NO" list. This list showed that the CIA had "Denied in Full" at least 6
Documents containing over 63 pages of CIA FL 800 work product.
The CIAMORI Document Numbering ---and DOCUMENT INDEX NO ----
procedures, as use in the Lahr FOIA response, has been found to be totally disorganized,
highly inefficient and extremely time-consuming to dissect.
In the year 2000 the National Archives and Records Administration reviewed the CIA
records management system and found ---
(U) The program, however, does have serious shortcomings that must be rectified to
ensure the agency's compliance with federal records management laws and regulations
6 000047
 (U) As a result of the reports and studies noted above, two new senior intelligence
service-level positions within DA were created. The Associate Deputy Director for
Administration/Information Services (ADDA/IS) is the senior official responsible for
agency information services, goals, and objectives, including implementing information
and records services plans and policies needed to discharge the mission of the CIA. The
Director of Information Management (D/IM) develops and provides oversight and
planning for a corporate information, records, classification, and release
management program, and serves as the agency's'Records Management Officer
and the Agency Archivist.
Unfortunately, and possibly because TWA 800 disintegrated 4 years earlier, these
important and critical evaluations of CIA record management "shortcomings" are readily
seen in the following attributes of the CIA's document responses to the Lahr FOIA:
1) Approximately 140 of the first 340 pages are not dated,
2) Multipage documents do not contain any page numbers,
3) MORI numbers have frequently been assigned in reverse chronological order,
4) Different Doc Nos. and MORI numbers have been assigned to the same
document, yet some documents have the same, numeric for both.
5) Multiple MORI numbers have been assigned to different pages of the same
contextual document,
6) The latest DOCUMENT INDEX, JUN 20, 2005, does not include all
previously submitted MORI numbers
The CIA staff assigning the Lahr MORI numbers apparently had little or no concept of
the contextual continuity of the document records being prepared for an FOIA response.
The assigning of MORI numbers to undated, unnumbered pages in a random and reverse
chronological order ----regardless of the intrinsic value of the document's redacted
content--- is in itself serious grounds alone for registering strong dissatisfaction with the
chaotic format of the CIA response.
Note: Examples of the above itemized shortcomings of the CIA's response to the Lahr
FOIA follow:
Item 1) See MORI 1175570 6 pages undated
See MORI 1176348 2 pages undated
See MORI 1176349 40 pages undated
.- See MORI 1176350 38 pages undated
Item 2) See MORI 1175570 6 pages unnumbered
See MORI 1176347 45 pages unnumbered
See MORI 1215200 15 pages unnumbered
Item 3) See MORI 1175555 1998.1.20
See MORI 1175556 1998.1.15
See MORI 1175557 1998.1.14
000048
 See MORI 1175558 1998. 1.13
See MORI 1175559 1998.1.8
Item 4) See Doc. No. 1147307 and MORI 1176341
See Doc. No
1147315 and MORI 1176342
See Doc. No
1147334 and MORI 1176344
See Doc. No
1147338 and MORI 1176348
See Doc. No
1147342 and MORI 1176359
See Doc. No
1215200 and MORI 1215200
See Doc. No
1215201 and MORI 1215201
See Doc. No
1215202 and MORI 1215202
See Doc. No
1215216 and MORI 1215216
See Doc. No
1215218 and MORI 1215218
Item 5) See MORI 1175575
See MORI 1175576
See MORI 1175577
See MORI 1175576
Item 6) See MORI 1214986
See MORI 1214987
See MORI 1214988
See MORI 1214989
See MORI 1214980
See MORI 1215118
The chaotic sequence and muddled format found in the CIA documents response to the
Lahr FOIA have in great part been corrected in the subject and following evaluations of
these nearly 340 pages ---- and with a recent 15 August 2005 submittal of 127 new pages
reaching a total of 567 pages. As a result the CIA stated "nearly 100 documents" were in
effect found to be only 41 contextual documents. This required the introduction of the
LID or "Lahr ID Numbers" for assignment of sensible ID numbers to contextually
consistent documents.
Introduction and Methodology
for Inventory Grouping of FOIA. Documents Tab A B C and D
20. The original 340 odd. pages contained in CIA Tabs A, B and C, produced by the
the CIA in February 2005, were generally found to have been randomly assembled
without regard to dates, authors, contents, continuity, CIA MORI Nos., completeness or
other concerns for orderliness or ease of comprehension by the reviewer. The
"Lahr-Page/Tab ID" numbers were assigned by Ray Lahr and appear at ----
htto://r ylahr entryhost com/CIA pdf with the CIA records MORI Nos. thereon.
8 000049
 (A later arriving document group containing 127 new pages was assigned as CIA Lahr
Tab D, and Lahr pages 280D to 127D and added to this review and evaluation, bringing
the total number of distinct reviewed pages to 567)
21. The MORI Nos. usually appeared on the record pages - one MORI No. on groups
of records with between 1 and 48 pages.
22. These records were generally found to have been randomly assembled without
regard to dates, authors, contents, continuity, CIA MORI Nos., completeness or other
concerns for orderliness or ease of reading. The production of Lahr ID Nos.and
deciphering of the records was time-consuming. Multiple different records contained the
same MORI Nos., and in some cases the same record content was spread out in pages
with different MORI Nos.
23. Accordingly, the evaluation for compliance with the Lahr FOIA required these
original 340, plus 127, pages to be formatted into an orderly grouping inventory of
specifically unique stand-alone contextual documents before proceeding with the
Compliance Evaluation Review.
23. Organizing these 340 plus 127 odd pages into a "reader friendly" format was
accomplished by the following procedures:
Firs each page received was assigned a sequential page and section number
from: 1A - 56A, 57B - 211B, 212C - 265C, 266A - 272A, 273B - 340B, and
280D to 407D.
Secon each page was assigned a specific row in a multicolumn Excel spread
sheet. See attached. The Excel spread sheets have column headings of:
LID No. (Lahr Identified Document No.)
CIA Tab Section
CIA Page No. assigned by R. Lahr
Calendar Date Y/M/D from page
Item Subject
MORI Doc ID
Number of Pages (in contextual content)
Remarks/Review
* The disorganized group of documents and pages was grouped into categories that could
be contextually evaluated. Each page was reviewed individually for content review and
collating into a reader friendly format and page grouping into an orderly set of unique
documents. These documents, 41 in total, were then assigned LID Nos.
22. Assignment of pages to a specific LID No was accomplished by a number of
correlation techniques. The specific, correlation tools used included Subject matter,
Content, Context, Dates, MORI DocID No. and Unique Handwriting. The resulting LID
000450
9
 Nos. were then added to the revised original spread sheets, column 1, for cross
referencing between the original "received disorder" from the CIA and the "Lahr LID
order."
VAUGHN Index
23. On June 20 the CIA filed 30 Document Disposition Index pages, with summaries
of its withholding and redactions. However, those pages contained only "Document
Numbers," some of which exactly matched MORI Doc ID numbers assigned to the
records themselves. A group of 15 of Document Disposition Index Numbers contained
seven (7) digit numbers totally different from the MORI Doc. ID Numbers. The CIA's
Vaughn Index did not include a copy of the records.
Note: See the attached Excel Spread Sheet entitled ----
"CIA MORI Document Nos. and DOCUMENT INDEX Nos. Summary"
24. On August 16 the CIA redundantly re-filed some of the previously submitted
records along with two totally new documents and a Vaughn Index Chart, which is
reprinted below ----after CIA typo errors correction. From that chart it was theoretically
possible to identify which justifications for withholdings in the 24 Document Disposition
Index pages. But it was not possible to entirely correlate the CIA's index with the records
produced because the CIA: ---
A. Used the same MORI DocID No. on multiple pages and records;
B. Combined multiple records under one MORI DocID No.;
C. Omitted from August 16 production: Records which the CIA
Produced in February; and
D. Omitted from its August 16 chart: Document Disposition
Index pages 56, 57, 58, 59, 63, and 65 ---these six documents later
found to be "Denied in Full".
E. Delivered other MORI format shortcomings described in
paragraph 19 above.
25. The CIA's Confusion Factor is reflected in the CIA originated chart below,
corrected by me for CIA typos and expanded to include the (BOLD TYPE)
Aug. 16 submittals column and the (BOLD TYPE) Doc. Disposition DI Index
page number column. The CIA Confusion Factor between MORI Nos. and
-- Vaughn Doc Index DI Nos. is best absorbed by the attached Excel Spread
Sheet----
Note: See the attached Excel Spread Sheet entitled ----
"CIA MORI Document Nos. and DOCUMENT INDEX Nos. Summary"
000.051
 Typo Corrected Version of the CIA Vaughn Document Disposition Index Chart
Legend: Non-bolded verbatim from CIA Aug 16 Vaughn index chart (CIA Affidavit p. 6-7).
Bolded Entries added by reviewer.
26 sets of MORI MORI Doc. ID
Doc ID Nos. No.
(plus three sets
of records
produced but not
included in Aug
16 chart)
June 20
Document
Disposition Index
"Document No."
Doc Index (DI)
No.
June 20
Document
Disposition Index
page number
DI Page no.
August 16
production -
found on page
numbers of
records attached
to 2nd Buroker
Declaration
1 1176341
1147307
41
19
2
1176342
1147315
42
20-23
3
1176343
1147318
43
24
4
1176344
1147334
44
25-30
5
1176345
1147355
45
31-44
6
1176347
1147336
46
45-75
7
1176348
1147338
47
76-77
8
1176349
1147340
48
78-118
9
1176350
1147342
49
119.156
10
1176351
1147348
50
157-158
11
1176352
1147324
51
159-160
12
1176353
1147339
52
161
13
1176354
1147341
53
162
14
1175601
1080902
54
163
15
1175603
1080903
55
164-211
16
1215200
1215200
60
212-226
17
1215201
1215201
61
227-230
18
1215202
1215202
62
231-258
19
1215016
1215016
64
259
20
1215013 *
1215013
66
260
21
1215014
1215014
67
261-269
22
1215015 *
1215015
68
270
23
1215017
1215017
69
271
24
1215018
1215018
70
272-279
25
1232319
1232319
16 (2nd Bur.
Decl.
280-283
26
1232320
1232320
16 (2nd Bur.
Decl.
284-320
Evaluation Review Explanation
26. Each LID Document was reviewed for FOIA compliance by examining content,
context, continuity, reference to other related pages, and data/pages/figures not found.
These LID Document reviews were then assembled in a short summary fashion and these
forty one (41) document reviews immediately follow this Preamble. The product of that
000.052
11
 review is then correlated to the CIA's June 20 and August 16 filings, collectively its
Vaughn index.
27. Specific shortcomings are noted on the appropriate line of each summary.
Those shortcomings which show that other records were not produced are represented by
bold lettering. I also provide a comparison of the CIA's Vaughn index to the records.
28. This affidavit is revised. I first completed this affidavit on August 1st. That
version did not have any entries for "CIA page numbers from the Aug 16 production,"
but instead had "Vau hn index page number." All columns read "Not appear in VaugLin
index." I also added the "Vaughn index comparison" sections.
EVALUATION OF CIA-PRODUCED MORI RECORDS
Paragraph 29
Note: A: Discrepancies in CIA Letter of Transmittal of 28 February, 2005 are:
1) Tab A contained only 10 uniquely identifiable contextual
documents, not 27 documents as stated by Mr. Koch.
2) Some Tab A documents do not appear contextually in their
entirety as stated by Mr. Koch.
3) A Doc. with MORI number 1147400 listed in the CIA
Tab A paragraph appears to have been "Denied in Full"
without supportive entry into the Vaughn Index list.
Summary of LID No. Tab A Documents
Pages 5A through 56A
_.. 000.053
12
 Paragraph 30.
Lahr ID No:
LID No. la, lb, lc
MORI Doe ID:
1175555
(2 pages)
1175556
(1 page)
1175557
(4 pages)
1175558
(2 pages)
1175559
(1 page)
1175560
(1 page)
1175561
(1 page)
1175562
(1 page)
1175563
(2 pages)
1175564
(1 page)
1175565
(1 page)
1175566
(1 page)
1175567
(1 page)
1175575
(1 page)
1175576
(1 page)
1175577
(1 page)
1175578
(3 pages)
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:-
Remarks:
Discrepancy:
(17 documents not listed on the
CIA index.)
Note: These 17 documents and others
to follow are not listed in the CIA
Vaughn Index of 20 Jun 05 because
they are claimed by the CIA to be
free of redactions.
But, close reading of these pages
reveal missing pages, figs., charts
which should place one or more
of these pages on the Vaughn list.
(Handwritten computer programming trajectory plotting
notes)
not identified on Vaughn index
5A through 22A, 41A through 46A
12/5/97 to 1/20/98
unknown
unknown number of computer trajectory printouts
10 % illegible
These notes are not sufficiently complete to stand alone
without further explanations from the author and
without further records ---which we believe are being
denied us---which would have been generated as
printouts with these records before program end.
000054
 Vau hn index comparison (listed under heading):
MORI Doc ID Aug 16 Vaughn Index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
1175555 (2 pages) not listed
1175556 (1 page) not listed
1175557 (4 pages) not listed
1175558 (2 pages) not listed
1175559 (1 page) not listed NOTE: These document records have been
1175560 (1 page) not listed redacted by removing an unknown
1175561 (1 page) not listed number of important pages which
1175562 (1 page) not listed thereby requires that this record/s
1175563 (2 pages) not listed be listed in the Vaughn Index.
1175564 (1 page) not listed
1175565 (1 page) not listed
1175566 (1 page) not listed
1175567 (1 page) not listed
1175575 (1 page) not listed
1175576 (1 page) not listed
1175577 (1 page) not listed
1175578 (3 pages) not listed
NOTES: I have labeled this record LID No. la, lb, ic, because its MORI No. pages
and date sequences were interspersed with other MORI document records.
The assignment of the alphabetic subscripts was necessary in order for the
reader to appreciate the contextual continuity of the work product.
Note: Missing records require Vaughn Listing by CIA staff.
000055
 Paragraph 31.
Lahr ID No:
MORI Doe ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1175568 (1 page)
Discrepancy:
LID No. 2 (Not listed on the CIA index)
1175568 (1 page)
(List of computer "Output files")
not identified on Vaughn index
23A
undated
unknown
Figs. 2 through 5
25% illegible
These 15 computer files are required in electronic e-
format along with Figs. 2,3 4 and 5.
Aug 16 Val index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
Note: Missing records require Vaughn Listing by CIA staff.
000056
 Paragraph 32.
Lahr ID No:
MORI Doc ID:
CIA page numbers
Aug 16 production:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1175569 (1 page)
LID No. 3
1175569 (1 page)
not appear in Vau hn index
Discrepancy:
(Not listed on the CIA
index)
(3 Curves of Latitude/Longitude Plots on graph paper)
not identified on Vaughn index
24A
undated
unknown
none
legible
These plotting variances notes are not sufficiently
complete to stand alone without further explanations
from the author which would have been generated with
these records.
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
not listed
Note: Missing records require Vaughn Listing by CIA staff .
16 000057
 Paragraph 33.
Discrepancy:
Lahr ID No: LID No. 4 (Not listed on the CIA
index)
MORI Doc ID:
1175570 (6 pages)
Document Title/Subject: (Computer program "LATSn91" for Lat/Long distances)
CIA page numbers
Aug 16 production:
Lahr -Page/Tab ID:
Document Dates:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Van hn index comparison:
MORI Doc ID
1175570 (6 pages)
not identified on Vau hn index
25A through 30A
undated
unknown
Computer program is missing from records.
legible
This computer program is required in e-format
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
not listed
Note: Missing records require Vaughn Listing by CIA staff
000058
 Paragraph 34.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Discreeancy:
LID No. 5 (Two documents not listed on the
CIA index)
1175571 (2 pages)
1175572 (2 pages)
(Computer printouts for "fitrng.pri" and "MATCH
RANGE FROM RADARS")
not identified on Vau n index
31A through 34A
10/27/97 to 19129/97
unknown
Printout records
legible
These printouts are not sufficiently complete to stand
alone without further explanations from the author and
without printout records which would have been
generated with this record
Vaughn index comparison:
MORI Doc ID
1175571 (2 pages)
117557222 pages)
Aug 16 _u Vaghn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Dis osition Index
not listed (Missing printouts require Vaughn Listing.)
not listed "
Note: Missing records require Vaughn Listing by CIA staff
000.059
 Paragraph 35.
Lahr ID No:
LID No. 6
1175573 (4 pages)
Discrepancy:
(Not listed on the
CIA index)
Document Title/Subject: (Hand written computer programming trajectory plotting
notes)
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1175573 (4 pages)
not identified on Vaughn index
35A through 38A
10/29/97
unknown
unknown number
10 % illegible
These notes are not sufficiently complete to stand alone
without further records from the author which would
have been generated with these notes
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
Note: Missing records require Vaughn Listing by CIA staff.
000.060
 Paragraph 36.
Lahr ID No:
Document Title/Subject:
1175574 (2 pages)
Discrepancy:
(Not listed on the CIA
index)
(Handwritten computer programming trajectory plotting
notes)
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source-
Missing Pages/Figs:
Legibility:
Remarks:
Val index comparison:
MORI Doe ID
1175574 (2 pages)
not identified on Vaughn index
39A, 40A
03/17/98
unknown
unknown number
10 % illegible
These notes are not sufficiently complete to stand alone
without further records which would have been
generated with these records.
Aug 16 V aughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
Note: Missing records require Vaughn Listing by CIA staff.
000061.
 Paragraph 37.
Lahr ID No:
MORI Doc ID:
Document Titie/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1175579 (4 pages)
1175579 (4 pages)
Discrepancy
(Not listed on the CIA
index)
not identified on Vaughn index
47A through 50A
03/24/97
unknown
unknown number
legible
These notes are not sufficiently complete to stand alone
without further written explanations from the author
which would have been generated with these records
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
Note: Missing records require Vaughn Listing by CIA staff .
000062
 Para ?a h 38.
Lahr ID No: LID No. 9
MORI Doc ID: 1175581 (2 pages)
Document Title/Subject:
CIA page numbers
Aug 16 production-
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Discre anc :
(Not listed on the CIA
index)
"Great Circle Navigation Program"
not identified on Ya--ugh-n index
51A through 52A
undated
unknown
Computer program
legible
Usage and purpose not justified.
Vau hn index comparison:
MORI Doc ID
1175581 (2 pages)
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
not listed
N2 k, Missing records require Vaughn Listing by CIA staffs .
000063
 Paragraph 39.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Discre anc
LID No 10 (Not on CIA index)
1175678 (4 pages)
"A Study of the JFK 4.6 Second Radar and Its Effect on the
TWA FL 800 Trajectory Model"
not identified on Y-aug-hn index
53A through 56A
Undated
unknown
4 to 8 pages and Figs 2 through 7
legible
Without page numbers it is impossible to determine the
exact number of missing pages
Vau hn index comparison:
MORI Doc ID
1175678 (4 pages)
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Dis osition Index
not listed
Note: Missing records require Vaughn Listing by CIA staff .
0 00-64
 Summary of LID No. Tab B Documents
Pages 58B through 211B
Paragraph 40.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
LID No.11
1176341 (1 page)
(Handwritten Red Team Agenda notes)
19
58B
01/09/98
unknown
unknown number of computer trajectory printouts
20 % illegible
These agenda notes are not sufficiently complete to
stand alone without further explanations from the
author and without further records and printouts which
would have been generated with these records
Vaughn index comparison:
Index identifies record: "Multi-topic meeting notes"
MORI Doc ID
1176341 (1 page)
Redactions:
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aua 16 Affidavit
(b)(3):
"names of CIA employee and intelligence source
and method"
Records as well as names and sources have also been
redacted and require Vaughn Listing as such.
000065
 Paragraph 4141.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
Index identifies record:
"Analyst notes"
LID No. 1d, le, if
1176342 (4 pages)
1176344 (6 pages)
1176345 (14 pages)
1176347 (31 pages)
(Hand written computer programming trajectory plotting
notes)
20-23
25-26
28-44
45-75
59B through 62B, 64B through 65B, 70B through
114B
10/26/97 to 12/22/97
unknown
unknown number of computer trajectory printouts
25% illegible
These notes are not sufficiently complete to stand alone
without further trajectory printouts from the author.
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
000066
 1176342 (4 pages)
Redactions:
Index identifies record:
"Analyst notes"
1176344 (6 pages)
Redactions:
42 20-23
(b)(6)
NTSB telephone numbers
25-26, 28-30
Deliberative, CIA organizational data,
eyewitness name
44
(b)(3) - other statutes
(b)(5) - deliberative process
(b)(6) - privacy
(b)(7) - privacy
Index identifies record:
"TWA 800 Witness Questions"
1176345 (14 pages) 45
(b)(3) - other statutes
(b)(6) - privacy
Names, CIA and eyewitness
Index identifies record:
"Analyst Note"
1176347 (31 pages) 46
Redactions: (b)(3) - other statutes
Note:
"intelligence source and/or method"
Records as well as names and sources have also been
redacted and require Vaughn Listing as such
NOTE: This record is labeled LID No. Id, le, If. I have labeled this record LID
No. 1d, le, If, because its MORI No. Pages and date sequence were interspersed
with other MORI document records. The assignment of the alphabetic subscripts
was necessary in order for the reader to appreciate the continuity and context of
the work product.
00006'7
 Paragraph 42.
Lahr ID No: LID No.12
MORI Doc ID: 1176343 (1 page)
Document Title/Subject: "TWA 800 Witnesses Questions"
CIA page numbers 24
Aug 16 production:
Lahr - Page/Tab ID: 63B
Document Date/s: 02/12/97
Author/Source: unknown
Missing Pages/Pigs: See remarks.
Legibility: legible
Remarks: The 17 witnesses' answers to these questions are missing
and are required
Vaughn index comparison:
Index identifies record:
"TWA 800 Witness Questions"
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176343 (1 page) 43
Redactions: (b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Names, CIA and eyewitnesses
Note:
Records as well as names and sources have also been
redacted and require Vaughn Listing as a such.
000068
 Paragraph 43.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Discrepancy:
LID No.13 (Multiple documents
listed as one in CIA index)
1176344 (1 page) (5 more pages under same number)
"TWA 800 Analysis of the Science of Aerodynamics"
27
66B
undated
unknown
See remarks
legible
This redacted page of Aerodynamics Science for TWA
800 is a major goal of this FOIA
Vaughn index comparison:
Index identifies record: "Analyst Notes"
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176344 (5 pages/1 page) 44
Redactions: (b)(3) - other statutes
(b)(5) - deliberative process
(b)(6) - privacy
(b)(7) -- privacy
Deliberative, CIA organizational data, eyewitness name
NOTE: The CIA's identification of this record/s is inaccurate and distorted because it
lists multiple records with the same MORI Doc ID number.
Note: Records as well as names and sources have also been redacted and require Vaughn
Listing as such.
0000619
28
 Paragraph 44.
Lahr ID No:
LID No.14
MORI Doc ID: 1176348 (2 pages)
Document Title/Subject: "Program Rotate MLM"
CIA page numbers
Aug 16 production: 76-77
Lahr - Page/Tab ID: 115B, 116B
Document Date/s: 10/15/81
Author/Source: unknown
Missing Pages/Figs: See remarks.
Legibility: legible
Remarks: This Computer program is required in e-format
Vaughn index comparison:
Index identifies record:
"Mathematical / computer program"
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176348 (2 pages)
47
Redactions:
(b)(3)
- other statutes
(b)(6)
- privacy
Name, CIA
Note: Missing records require Vaughn Listing by CIA staff .
000070
 Paragraph 45.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
LID No.15
Discrepancy:
(Multiple documents
listed as one in CIA index)
1176349 (11 pages) [CIA provided 40 pages with this
same MORI Doc. ID No.]
(Slides of TWA 800 Related Location Sites)
78-88
117B through 127B
undated
unknown
See remarks
legible
These slides can not stand alone without the supporting
Vaughn index comparison:
(Index identifies record:
"Graphs, Maps, transponder
data and analyst notes")
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page No. for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176349 (41 pages/11 pages) 48 78-118*
Redactions: (b)(3) - other statutes * (Only pages 78 to 88
(b)(6) - privacy are contained in LID
(b)(7) - privacy 15)
Intelligence source/method,
third-party name
NOTE: The CIA's identification of this record is inaccurate because it lists multiple
records with the same MORI Doc ID number -- requires Vaughn Listing as such.
000071
30
 Paragraph 46.
Discrepancy:
Lahr ID No:
LID No. 168,16b
(Multiple documents
listed as one in CIA index)
MORI Doc ID:
1176349 (10 pages) [CIA provided 40 pages with this
same MORI Doc. ID No.]
Document Title/Subject:
"TWA FL 800 Missile Theory"
CIA page numbers
Aug 16 production:
78-88
Lahr - Page/Tab ID:
128B through 135B, 137B,
138B
Document Date/s:
undated
Author/Source:
unknown
Missing Pages/Figs:
See remarks.
Legibility:
legible
Remarks:
Unknown number of missing pages and missing paragraph
headings of major importance
Vaughn index comparison:
Index identifies record:
"Graphs, Maps, transponder data and analyst notes"
MORI Doc ID Aug 16 Vau hn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176349 (41 pages/10 pages) 48 78-88
Redactions: (b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Intelligence source/method,
third-party name
NOTE: The CIA's identification of this record is inaccurate because it lists multiple
records with the same MORI Doc ID number -- requires Vaughn Listing as such.
31 000072
 Paragraph 47.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
LID No.17
1176349 (1 page)
(6.43 mb MIME compliant file)
97
136B
undated
unknown
See remarks
legible
This "readme file" and attachments are required in e-
format
Index identifies record:
"Graphs, Maps, transponder data and analyst notes"
MORI Doc ID
Aug 16 Vaughn index
chart (Affidavit p. 6-7)
gives this page for June 20
Document Disposition Index
Page numbers of
Records attached to
Aug 16 Affidavit
1176349 (40 pages/1 page)
48
Redactions:
(b)(3)
- other statutes
(b)(6)
- privacy
(b)(7)
- privacy
Intelligence source/method,
third-party name
Note: Missing records require Vaughn Listing by CIA staff .
* Only page 97 is
contained in this LID
No.
000073
 Para--rah 48.
Lahr ID No:
Discrepancy'
(Multiple documents
listed as one in CIA index)
MORI Doc ID: 1176349 (19 pages) [CIA provided 40 pages with this
same MORI Doc. ID No.]
Document Title/Subject: "TWA 800 and other A/C Transponder data from FAA and
Sikorsky Radar"
CIA page numbers
Aug 16 production: 100-118
Lahr - Page/Tab ID: 139B through 157B
Document Date/s: unknown
Author/Source: unknown
Missing Pages/Figs: none
Legibility: legible
Remarks: Authors and dates are required.
Vaughn index comparison:
Index identifies record:
"Graphs, Maps, transponder data and analyst notes"
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176349 (41 pages/19 pages) 48 100-118
Redactions: (b)(3) - other statutes
(b)(6) - privacy
- (b)(7) - privacy
Intelligence source/method,
third-party name
NOTE: The CIA's identification of this record is inaccurate because it lists multiple
records with the same MORI Doc ID number.
Note; Records as well as names and sources have also been redacted
and require Vaughn Listing as such.
33 0000'74
 Paragraph 49.
Lahr ID No:
MORI Doc ID:
LID No.19
1176350 (38 pages)
Document TitlelSubject: "Technical Analysis Briefing" (PowerPoint Slides)
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
119-156
158B through 205B
March, 1997
unknown
Impossible to determine without page numbers
legible
These slides can not stand alone without additional
supporting text to that supplied on page 266A of the June 17
Document
Vau fin index comparison:
Index identifies record:
Graphs, Maps, transponder data and analyst notes"
MORLP oc I2
Aug 16 Vaughn index
f
chart (Affidavit p. 6-7)
Page numbers o
gives this page for June 20
Records attached to
Docu ment Disposition Index
Aug 16 Affidavit
1176349 (41 pages/38 pages)
48
119-156
Redactions:
(b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Intelligence source/method,
third-party name
Text as well as names and sources have also been redacted and
require Vaughn Listing as such.
000075
 Paragraph 50.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - PagelTab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vau hn index comparison:
Index identifies record:
"Analyst Note"
MORI Doc ID
1176351 (2 pages)
Redactions:
11,
ote:
LID No. 20
1176351 (2 pages)
(Hand drawn graphs of Range and Altitude)
157-158
206B through 207B
16 March, 1997
unknown
See remarks
legible
These graphs can not stand alone without the
supporting records and text.
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
50
(b)(3) - other statutes
Name, CIA
157-158
Records as well as names and sources have also been
redacted and require Vaughn Listing as such.
000.076
 Para ?Mh51.
Lahr ID No:
MORI Doc ID:
Document Tide/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
LID No. 21
1176352 (2 pages)
"New Radar Plots impact on TWA 800 Analysis"
159-160
208B through 209B
27 October, 1997
unknown
See remarks
legible
The redaction of the witness testimony (not witness
identity) from this document renders it essentially
useless. The exact witness testimony is required .
Vaughn index comparison:
Index identifies record:
"New Radar Plots impact on TWA 800 Analysis"
MORI Doc ID
Aug 16 Vau hn index Page numbers of
chart (Affidavit p. 6-7) Records attached to
gives this page for June 20
Document Disposition Index Aug 16 't
159-160
1176352 (2 pages)
51
Redactions:
(b)(3)
- other statutes
(b)(6)
- privacy
()
P
Names, CIA & FBI and "intelligence source and/or
method"
Witness testimony as well as names and sources have also
been redacted and require Vaughn Listing as such.
000077
('7'%-
rivacy
 Paragraph 52.
Lahr ID No: LID No. 22
MORI Doc ID: 1176353 (1 page)
Document Tide/Subject: "TWA 800 beacon datasets (3)"
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
(ndex identifies record:
"TWA Beacon Datasets")
MORI Doc ID
210B
25 Nov, 1997
Mike O'Rourke
unknown
legible
The referred to attachments are required and missing
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176353 (1 page) 52
Redactions: (b)(3) - other statutes
Name, CIA
Note:
Records as well as names and sources have also been
redacted and require Vaughn Listing as such.
 Paragraph 53.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
LID No. 23
1176354 (1 page)
"Inputs for TWA Flight 800 Video (16 June 97 Dist. Date)"
211B
04-21-97
unknown
Redacted names
legible
The redaction of the author's name of this document and the
redaction of the speaker's name in paragraph (2) greatly
reduces the apparently extremely important consequence of
this document. This document completely contradicts and
negates the CIA Video of the TWA 800 Zoom-Climb
scenario.
Vaughn index comparison:
Index identifies record:
"Inputs for TWA Flight 800 Video (16 June 1997 distribution date)"
MORI Doc ID
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1176354 (1 page)
53
Redactions:
(b)(3)
- other statutes
(b)(6)
- privacy
(b)(7)
- privacy
Names, CIA & FBI
Note:
Very important required names and important sources have been
redacted and are required to be identified in order to prioritize
this record -- requires Vaughn Listing by CIA staff.
000079
 Summary of LID No. Tab C Documents
Pages 213C through 285C
Paragraph 54.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
Index identifies record:
"Geo Coordinates"
MORI Doc ID
LID No. 24
1175601 (1 page)
(Three Key Witness Positions)
163
213C
undated
unknown
Corresponding witness accounts are missing.
legible
Corresponding witness accounts are required and not
included.
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1175601 (1 page)
54
Redactions:
(b)(3)
- other statutes
(b)(6)
- privacy
Name, CIA
Witness accounts as well as names and sources have also
been redacted and require Vaughn Listing as such.
000.080
 Paragraph 55.
Lahr ID No:
MORI Doc ID: 1175603 (8 pages)
Discre anc :
(Multiple documents
listed as one in CIA index)
[CIA provided 48 pages with
this same MORI Doc. ID No.]
Document Title/Subject: (TWA 800 Lat. And Long.; At t = 0, = 15. = 42 secs)
CIA page numbers
Aug 16 production: 164-171
Lahr - Page/Tab ID:
Document Datels:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
214C through 221C
undated
unknown
See remarks
legible
Data totally unusable without corresponding witness
testimony (not witness identity) for witness entries 001
through 233.
Vaughn index comparison:
Index identifies record:
"Eye Witness Names / Data"
MORI Doc ID
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1175603 (8 pages of 48) 55 *164-211
(pages 164 to 171
comprise LID No.
25)
Redactions: (b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy, Names, CIA & FBI
Note: Witness accounts ----as well as identity ---have been redacted and
require Vaughn Listing as such.
000081
 Parma.
Discrenaancc!:
Lahr ID No:
LID No. 26
(Multiple documents
listed as one in CIA index)
MORI Doc ID:
1175603 (8 pages)
[CIA provided 48 pages with this
same MORI Doe. ID No.]
Document Title/Subject: (Witness Lat. And Long.; and Distances and Az. To TWA; At t
= 0, = 15. = 42 secs)
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
172-179
222C through 229C
undated
unknown
See remarks.
legible
Data totally unusable without corresponding witness
testimony (not witness identity) for witness entries 001
through 233.
Vaughn index comparison:
Index identifies record:
"Eye Witness Names / Data"
MORI Doc ID
Aug 16 Vau hn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Dis sition Index Aug ld Affidavit
ages of 48) 55 *164-211
1175603 j8 p *(Pages 172 to 179
comprise LID No.
Redactions: (b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy, Names, CIA & FBI
NuW Witness accounts ---as well as identity ---have been redacted and
require Vaughn Listing as such.
000.082
 paragraph 57.
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
LID No. 27
Discrepancy:
(Multiple documents
listed as one in CIA index)
1175603 (8 pages) [CIA provided 48 pages with this
same MORI Doe. ID No.]
(Witness Elev. And Delta Times To TWA; At t = 0,
=15. = 38.5 secs)
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
180-187
230C through 237C
undated
unknown
See remarks
legible
Data totally unusable without corresponding witness
testimony (not witness identity) for witness entries 001
through 233.
Vaughn index comparison:
Index identifies record: "Eye Witness Names / Data"
MORI Doc ID
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Dis osition Index Au 16 Affidavit
1175603 (8 pages/48 pages)
55
Redactions:
(b)(3)
- other statutes
(b)(6)
- privacy
(b)(7)
- privacy
Names, CIA & FBI
*164-211
*(Pages 180 to 189
comprise LID 27)
Note: Witness accounts ----as well as identity ---have been redacted and
require Vaughn Listing as such.
000.083
 Paragraph 58.
Lahr ID No:
MORI Doc ID:
LED No. 28
1175603 (8 pages)
Discrepancy:
(Multiple documents
listed as one in CIA index)
[CIA provided 48 pages with this
same MORI Doc. ID No.]
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
(TWA 800 and USAIR217 Lat. Long. Alt. at t = 12, t = 0)
188-195
238C through 245C
undated
unknown
See remarks
legible
Data totally unusable without corresponding witness
testimony (not witness identity) for witness entries 001
through 233.
Vaau~hn index comparison:
Index identifies record:
"Eye Witness Names / Data"
MOR DDoc ID
Aug 16 Van hn index of
chart (Affidavit p. 6-7) Page
Records numbers rs o o attached to
gives this page for June 20 Aug 16 -Alt Affidavit
Document Dis osition Index
1175603 (8 pages/48 pages) 55
(b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Names, CIA & FBI
*164-211
*(Pages 188 to 195
comprise LID No. 28)
Note: Witness accounts ---as well as identity ---have been redacted and
require Vaughn Listing as such.
000084
 Para a h 59.
Lahr ID No:
MORI Doc ID:
LID No. 29
Discrepancy:
(Multiple documents
listed as one in CIA index)
1175603 (8 pages) [CIA provided 48 pages with this
same MORI Doc. ID No.]
Document Title/Subject: (Witness. To TWA and USAIR ; Az and El..; At t = 0,
= -12 sees)
CIA page numbers
Aug 16 production: 196- 203
Lahr - Page/Tab ID:
Document Dates:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
246C through 253C
undated
unknown
See remarks
legible
Data totally unusable without corresponding witness
testimony (not witness identity) for witness entries 001
through 233.
Vaughn index comparison:
Index identifies record:
"Eye Witness Names / Data"
MORI Doc ID
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Dis osition Index Aup-16 -Affidavit
1175603 (8 pages of 48) 55 *164-211
*'paapc 196 to 203
Redactions: (b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy, Names, CIA & FBI
Note: Witness accounts ----as well as identity ---have been redacted and
require Vaughn Listing as such.
000085
 Paragranh 60.
Lahr ID No:
Discrenancv
(Multiple documents
listed as one in CIA index)
MORI Doc ID: 1175603 (8 pages) [CIA provided 48 pages with this
same MORI Doc. ID No.]
VaugLm index
page number:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
not appear in Vaughn index
(Witness Lat. Long.; Primary Shooter Lat. Long.; Wit to Shooter
Distance and Az)
204-211
254C through 261C
undated
unknown
See remarks
legible
Data totally unusable without corresponding witness testimony
(not witness identity) for witness entries 001 through 233.
V u hn index comparison:
Index identifies record:
"Eye Witness Names / Data"
1175603 (8 pages of 48)
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug Affidavit
(b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Names, CIA & FBI
- Note: Witness accounts ----as well as identity --have been redacted and
require Vaughn Listing as such.
'164-211
*(Pages 204 to 211
comprise LID No.
30
000086
 Page 262C : March 1, 2005; USAF Letter to Lahr
Page 263C : March 3, 2005; DOT FAA Letter to Lahr
Paragraph 61.
Lahr ID No:
Discrepancy:
(Listed in CIA index
but not produced in Aug 16
production)
MORI Doc ID: 1147418 (3 pages)
Document Title/Subject: "TWA 747 Out of JFK -FAA Radar Data"
CIA page numbers
Aug 16 production: not in production
Lahr - Page/Tab ID: 264C through 266C
Document Date/s: undated
Author/Source: unknown
Missing Pages/Figs: See remarks
Legibility: legible
Remarks: Slides number 3 through 7 are missing
Vaughn index comparison:
Index identifies record:
"Final Report to FBI (from CIA)"
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1147418 (3 pages) missing not in production
- Note: Five (5) slides have been redacted and require Vaughn Listing as such.
000087
 Paragraph 62.
LID No. 32
Discrepancy:
(Listed in CIA index
but not produced in Aug 16
production)
MORI Doc ID: 1147417 (19 pages)
Document Title/Subject: "Program to analyze FAA radar data [xy2rng.f]"
CIA page numbers
Aug 16 production: not in production
Lahr - Page/Tab ID: 267C through 285C
Document Date/s: 6 - 8 Jan 98
Author/Source: unknown
Missing Pages/Figs: See remarks
Legibility: legible
Remarks: This program is required in e-format on computer disk
Vaughn index comparison:
MORI Doc ID Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
Index identifies record:
"Description of TWA 800 for Video"
1147417-(4 9 pages) not in production
Note: The subject FAA electronic program has been withheld and
requires Vaughn Listing as such.
00008 8.
 Note: Nine New Lahr LID Numbers added on 6 Sep. 2005
Paragraph 63
MORI Doc ID: 1215013 (1 page)
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
CIA Memo to Boeing asking for "Defining probable motion of
the aircraft" after loss of nose, Aerodynamics of lift, drag, etc.
27313
3 Mar, 1997
Unknown
Boeing's Response, unknown number of pages
Legible
Boeing's response is critical and foundational to the
explanation of the 747 Zoom-climb aerodynamic
performance.
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1215013 (1 page) 66 260
Redactions: (b)(3) - other statutes
(b)(4) - trade secret
(b)(6) - privacy
Names, CIA Trade secrets, "technical data"
Note: The subject communications between the CIA and Boeing have been denied in full
and require Vaughn Listing as such.
48 000089
 Paragraph 64
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1215015 (1 page)
LID No. 34
1215015 (1 page)
CIA Memo: FBI Says TWA 800 Clock suspect by 4
seconds, 07 seconds should be 11 seconds
15 Apr., 1997
unknown
unknown
legible
loll disclosure of all those knowledgeable about this 4
second discrepancy should be identified for full
understanding of the associated zoom-climb video
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Dis osition Index Aug 16 Affidavit
68 270
(b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Names, CIA & eyewitnesses
Note: The subject 4 second considerations require full exposure and
Vaughn Listings as such.
qC
oooot0
 Paragraph 66
Lahr ID No: LID No. 36
MORI Doc ID: 1215017 (1 page)
Document Title/Subject: CIA Memo on Description of TWA 800 for Video, with 7
- Altitude unknown ( approx. 4 months
Bullets, , Bullet
after CIA conclusions)
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
12 May 1997
unknown
unknown
legible
Data available in e-mail form is necessary for
constructing zoom-climb video is critical to theory.
Aug 16 Vau hn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
Index identifies record:
"Description of TWA 800 for Video"
1215017 (1 page)
69 271
Redactions: (b)(3) - other statutes
(b)(4) - trade secret
Note: The subject FAA electronic program has been withheld and
requires Vaughn Listing as such.
 Paragraph 67
Lahr ID No: LID No. 37
MORI Doc ID: 1215018 (8 pages)
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
CIA Memo to FBI on: five PC.DOC Files: FBIPB3 A,
FBIPB4 A, TWAFINPT, TWAQ&A, TWAKEY A
2732-279
286B - 293B(8 pages)
14 Nov 1997
unknown
unknown number of missing computer file disks
legible
These missing computer files and disks are necessities
for reviewing the zoom-climb video.
Vaughn index comparison:
MORI Doc ID Aug 16 Vau index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1215018(8 pages) 70 272-279
Redactions: (b)(3) - other statutes
(b)(6) - privacy
(b)(7) - privacy
Names, CIA & eyewitnesses
Note: The subject CIA electronic file disks have been withheld and
require Vaughn Listings as such.
q3
000043
52
 Paragraph 68
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Pigs:
Legibility:
Remarks:
Van Vaughn index comparison:
MORI Doe ID
LID No. 38
1215200 (15 pages)
I Page Text and 5 Pages of Computer Code for Trajectory
Plots, TWA 800 Flight Simulation Plots: Azimuth, angles,
range, altitudes
212-226
294B-308B
unknown
unknown
Computer program software for generating zoom-climb
Aerodynamic trajectory used in CIA video
legible
This computer program is one of the major CIA
records sought by the subject FOIA.
Aug 16 Vau n index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1215200 (15 pages) 60
Redactions: (b)(3) - other statutes
(b)(4) - trade secret
(b)(6) - privacy
Names, CIA Trade secrets, "technical data"
Note: The subject electronic program has been withheld and
requires Vaughn Listing as such.
q I/
00O4
 Paragraph 69
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1215202 (28 pages)
LID No. 39
1215202 (28 pages)
MVS Alpha numeric computer printout Set Up for FL 800
Analysis uses Boeings Second Estimate CL-CD Data
313B-340B
15 Mar 2004
unknown
Computer software program in e-form
legible
This computer program is one of the major CIA
records sought by the subject FOIA. This 2004 program
was generated after the 2003 FOIA request !!!
Aug 16 Vaughn index
chart (Affidavit p. 6-7) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
62 231-258
(b)(3) - other statutes
(b)(4) - trade secret
Names, CIA
Trade secrets, "technical data"
Note: The subject FAA computer software program has been withheld and
requires Vaughn Listing as such.
qS
0000$6
 Paragraph 70
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1232319 (4 pages)
Review of FBI Agent's Critique ---What would cause
the A/C to then pitch downward? (Working with
Boeing to fix this problem)
(New Doc. ----no Lahr page number assigned.)
unknown
unknown
unknown
legible
This critical FBI review of the CIA zoom-climb theory
contains relevant arguments all of which should be
released to the public. Boeing Co. input should be
provided in full.
Aug 16 Vaughn index
chart (Records page) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
1232319 (4 pages) 16 (Vaughn listing only)
(b)(3) -- other statutes
(b)(6) - privacy
(b)(7) - privacy
Names, CIA & eyewitnesses
Note: The subject full contents of what appears to be an FBI "Whistle
Blower" report has been withheld and requires Vaughn Listing as such.
000099
 Para graph 71
Lahr ID No:
MORI Doc ID:
Document Title/Subject:
CIA page numbers
Aug 16 production:
Lahr - Page/Tab ID:
Document Date/s:
Author/Source:
Missing Pages/Figs:
Legibility:
Remarks:
Vaughn index comparison:
MORI Doc ID
1215202 (124 pages)
11232320 (123 pages)
Witness No: (many) : Location, Distances, Azimuth, Times
from explosions; Observations--- CIA Conclusions and
some witness sketches
(New Doc. ----no Lahr page number assigned.)
unknown
unknown
Missing verbatim witness testimony
legible
These 128 pages of witness's locations, experiences and
testimony have been augmented with witness testimony
statements, but highly condensed by CIA analysts,
thereby clouding and distorting the issue of what the
witnesses really saw.
Aug 16 Vaughn index
chart (Records page) Page numbers of
gives this page for June 20 Records attached to
Document Disposition Index Aug 16 Affidavit
17 (Vaughn listing only) 28407
(b)(6) - privacy
(b)(7) - privacy
Names, CIA & eyewitnesses
Note: In the subject 123 pages the CIA has withheld the actual witness verbatim
testimony and therefore requires Vaughn Listing as such.
97
oooo
 II. CONCLUSIONS AND LISTINGS OF THE
MAJOR FOIA RESPONSE SHORTCOMINGS
(Listed in order of appearance in the CIA response to the FOIA
and identified by Lahr LID Number.)
Paragraph 72.
Conclusion 1
Handwritten Computer Programming Trajectory Plotting Notes
(from LID Nos. la, 1b, ic, Id, le, If, (with LID Nos. 2,4 and 7))
The above LID Documents were found to contain the following information:
(Parenthetical additions are added by this reviewer for timing and context.)
These 76 or more pages are handwritten notes (quite distinctive by one author) that
describe numerous mathematical calculations dealing with, for the most part, transponder
radar data from TWA 800. This math is involved with converting the raw radar azimuth
and range data from "raw radar returns" to altitude, elevation angle and rectangular N/S
and E/W Cartesian coordinates for ease in producing maps of the radar data from TWA
800, as well as from other aircraft in the vicinity of TWA. During this 3 month period
from 26 October, 1997 to 26 January, 1998, a considerable number of computer radar
target position and target trajectory related data files were generated and computer
program runs were produced using these files. These computer runs can be described as
producing "flight/trajectory plots" for TWA 800 - where fli hghtt plots apply before the
explosion of TWA 800 and trajectory plots apply after the explosion of TWA 800.
During these three months many meeting contacts and phone contacts were made
between the writer of these handwritten notes and Charlie P. ([phone]) and
Dennis X.([phone]), assumed to be NTSB radar specialists staff.
(It is noted that this trial and error computer program writing exercise begins about a
month before the Zoom-Climb Video is made public on November 17, 1997 -17 months
after the destruction of TWA 800 - and continues steadily for another two months
thereafter.)
(From the-incomplete documents received it is not made clear what exact work products
were produced by this three month effort and in what form this work roduct was
produced. However it is clear that numerous computer files and computer gro-lams
were generate in some form or another.)
(The received handwritten documentation from this computer specialist work appears to
stop on 26 January, 1998 and then appears to resume on 17 March, 1998, with this 6-
week gap unex lamed and undocumented.)
0000
 Notes by Compliance Reviewer:
(1) the flight/trajectory path calculations of TWA 800 are the ke information items
being sought,
(2) the establishment of this flight/trajectory path relied heavil on com uter based
data files and Mu x teexecuted computer pro grams usin these files,
(3) it is impossible to make use, and derive benefit from the originally supplied
,
handwritten notes and information without these computer files and Programs
(4) it is inconceivable that these Muter files and pro ams have not been retained
for continuity in the event of computer specialist personnel/staff replacement,
(5) these computer files and programs can be easil copied to CD by a few clicks of
a computer mouse, and
(6) a computer files or programs have yet to be provided in e-format executable in a
desk top PC.
Conclusion: Therefore, as a minimum but not a complete listing, the followin com uter
based files and executable computer programs are r wired to be supplied in standard
Compact Disc -CD--- format:
A) xy2rng.f
B) hpnl.dat
C) ntsb.jfk
D) ntsb.isp
E) xy2rng.14c.f
F) fort.2
G) fort.2
H) fort.3
I) fort.8
J) fort.9
K) fort.14-1 S
L) fort.14
M) fort.16-19
N) firt.20
0) fort.21-24
P) fort.33
Q) fort.50
R) fort.51-4
S) fort.61-4
T) fort.71-4
U) fitrng.pri
V) the final executable program versions of the trajectory plotting program
W) the final version plots of the trajectory plotting program
X) other required computer downloads that may be referred to in the above
Y) any handwritten computer specialist revision and improvement notes to the above
computer files and programs performed between 26 January, 1998 and 17 March,
1998
 Para ?a h 73
Conclusion 2
"A Study of the JFK 4.6 Second Radar
and Its Effect on the TWA FL 800 Trajectory Model"
(from LID No. 10)
Conclusion: By simple Fig. numbers sequence and textual discontinuity the following
missing pages and Figs. are required to make this document complete:
A) Figs. 2 through 7
B) Associated missing pages 4 to 8
Para a h 74.
Conclusion 3
"TWA 800 Witnesses Questions"
(from LID No. 12)
Conclusion : The witnesses' answers to these questions are missing and are required and
can be supplied without revealing the identity or invading the privacy of the witnesses:
A) Witness 3
B) Witness 5
C) Witness 6
D) Witness 7
E) Witness 8
F) Witness 34
G) Witness 37
H) Witness 44
I) Witness 54
J) Witnesses 47, 54, 58,61, 68, 75, 78, 81
Paragraph 75.
Conclusion 4
Redacted pages of Aerodynamics Science for TWA 800
(from LID No. 13)
000.060
too
 Conclusion:
The following redacted reference of Aerodynamics Science for TWA 800 is the major
goal of this FOIA and does not ual' to be redacted under any Justification. The
following aerodynamic information is required:
A) All pages of the redacted information contained in the "TWA 800 Analysis of
the Science of Aerodynamics" are required.
B) The aerodynamic analysis of the flight 800 zoom-climb trajectory resulting in
flight 800 gaining altitude after the 747 nose separated from the aircraft,
showing the following aerodynamic parameters vs. the time from t = 0 to
t = 42 seconds after the nose separation, are required information:
Thrust
Longitudinal acceleration
Pitch rate
Drag
Lateral acceleration
Roll rate
Lift
Vertical acceleration
Yaw rate
Weight
Altitude
Air speed
Latitude
Longitude
Paragrraph 7676.
Conclusion 5
"TWA FL 800 Missile Theory"
(from LID Nos. 16a and 16b)
Conclusion: Based on textual discontinuity and the lack of page numbers, there are an
unknown number of missing pages from this document.
A) All pages missing from this document are required.
Paragraph 77.
Conclusion 6
6.43 mb MIME compliant fide
(from LTD No. 17)
Conclusion: This file is required in e-format.
Paragraph 78.
Conclusion 7
"Technical Analysis Briefing"( PP Slides) 1 d 1
 (from LID No.19)
Conclusion: The missing textual presentation accompanying these 38 Power
Point Slides for complete understanding is required.
Paragraph 79.
Conclusion -8
"New Radar Plots Impact on TWA 800 Analysis"
(from LID No. 21)
Conclusion: The numerous reports of witnesses' accounts, referred to on these
pages, are missing and are required and can be supplied without revealing the
identity or invading the privacy of the witnesses:
Paragraph 80.
Conclusion 9
"Inputs for TWA Flight 800 Video (16 June 97 Dist. Date)"
(from LID No. 23)
The redaction of the author's name from this document and the redaction of the
speaker's name in paragraph 2) greatly reduce the apparently extremely important
consequence of this document. This document completely contradicts and negates
the CIA Video of the TWA 800 Zoom-Climb scenario and the following redacted
information is required:
Conclusion:
A) The document author's name, title, affiliation and job description are required.
B) The paragraph 2 authors name, title, affiliation and job description are
required.
Paragraph 81
Conclusion 10
Witness Spread Sheets Showing Various Witness Sighting Parameters
(from LID Nos. 25, 26, 27, 28, 29 and 30)
The sighting parameter data contained in these numerous spread sheets are totally
worthless and unusable without corresponding textual reports of witness accounts (not
witness identityl for witness entries 001 through 233.
000 /0a
,
9
61
 Conclusion: The following information is required:
The complete witness testimony for witnesses numbered 1 to 233
Paragraph 82.
Conclusion 11
"CIA Memo to Boeing asking for "Defining probable motion
of the aircraft" after loss of nose, Aerodynamics of lift, drag, etc."
(LID No. 33)
Boeing's response to this memo is denied to us by the CIA on the grounds of "trade
secrets" and loss of commercial property advantage by Boeing. This claimed
aerodynamic modeling of the zoom-climb performance of a crippled and pilot less
airplane is in no stretch of the imagination a trade secret ---it is impossibility. Only an
indefensible aerodynamic trajectory computer model could possibly have been corrupted
to produce such an impossible rate of climb, and this certainly cannot be claimed to be a
"trade secret".
Conclusion: This trajectory computer model, used jointly by Boeing and the CIA, should
not be withheld from the public on the ridiculous grounds of being a trade secret or a
commercial property advantage. The services of a Court Appointed aerodynamic expert
should be sought to help judge the veracity of the "trade secrets" claim for withholding
the trajectory modeling software being requested.
Paragraph 83.
Conclusion 12
Text and Computer Codes for Flight Simulation Plots (9 pages),
Computer Code and Output Trajectory Parameter Plots for MVS
(Modularized Vehicle Simulation - 28 pages)
(LID Nos. 38 and 39)
These 37 pages show the latest CIA efforts (15 March 2004) to produce a flight trajectory
software program using aerodynamic science and 747 performance input data from the
Boeing Co. These pages show the results of this 2004 effort in the form of several plotted
graphs and supporting tabulated flight parameter data obviously produced by a computer
software program.
/0?
ooo
 The major and astounding aerodynamic highlight of this effort is the altitude plot and
altitude tabulation both which show the crippled nose-less aircraft gaining 2,842 ft to a
maximum altitude of 16, 602. (See 15 August 2005 records page 231, and value for H ---
altitude ---on page 245 at time ---TCI ---of 19.200000 seconds.)
This computer program described in part by numerous alpha-numeric code lines and
instructions, and the attendant flight trajectory results, form the single-most major
information records sought by the Lahr FOIA.
In displaying the presence of this computer program and the resultant output data graphs
and tables the CIA is providing evidence that this flight trajectory software program for a
crippled 747 aircraft exists.
To deny the release of this software program ---in executable e-format ---on the basis of
commercial trade secrets requires the belief that the commercial aircraft manufacturing
industry would be interested in the flight parameters of nose-less aircraft.
Conclusion: This 15 April 2004 MVS software program designed especially by the CIA
for a nose-less 747 must be obtained in full executable e-format and evaluated for its
compliance with well known aerodynamic laws.
Paragraph 84.
Conclusion 13
Six Documents of 66 Pages:
"Draft reports, various charts, handwritten notes,
multiple graphs, etc.., all conveying technical data
of certain aspects of flight simulation-"
(No Lahr has been given to these 6 denied documents.)
The six (6) documents "Denied in Full" are, the single most objectionable
denial in the CIA's response to the Lahr FOIA. These are DOCUMENT INDEX Nos.
1215024,1215194, 1215195, 1215196, 1213197, and 1215209 identified in T. Buroker's
submittal to Lahr of 20 June, 2005.
These six documents contain 66 pages of highly relevant exchanges between the several
analysts responsible for the CIA's zoom-climb theory. These estimated 15,000 to 20,000
words are being withheld most likely because they are the critical evidentiary
components which, if released to the public, would provide a sturdy foundation for
citizen destruction and ridicule of the CIA TWA FL 800 work product.
63
 For the CIA "denial in full" of these six documents, supported by the Boeing Company
affidavit, to be based upon "technical data consisting of trade secrets an\d/or confidential
commercial information" is ludicrous. How can the aerodynamic performance of a
crippled, noiseless airline ----climbing at a rate of 2600 ft in 15 seconds while its
maximum climb rate at takeoff was 500 ft in 15 seconds ---be considered a trade secret?
Conclusion: These six documents are extremely important and all 66 pages beg to be
released.
Paragraph 85.
Conclusion 14
CIA's Rubik Cube Format of Submitted Records
With the addition of the CIA's chart at pages 7 and 8 of its August 15, 2005 "Second
Declaration of Terry N. Buroker," I could correlate the Document number given on the
June 20 index, and so I revised this affidavit to include the CIA's response in its Vaughn
index.
These are my findings after correlating the CIA's August 16 chart with its June 20 Doe.
index:
a. The CIA August chart purports to identify 26 records, numbered 41
through 70 (24 records), supposedly the records already produced, and the last two,
numbered 16 and 17, for the two sets of additional records produced. The chart is
incomplete, misleading, and had to be deciphered. A more complete and expanded Chart
showing all MORI and all Doc. Index Numbers has been constructed and attached as ---
"CIA MORI Document Nos. and DOCUMENT INDEX Nos. Summary"
b. The CIA August chart is incomplete as can bee seen by comparison with
the above cited attachment.
c. The CIA August chart is misleading as can bee seen by comparison with
the above cited attachment.
Conclusion: The five (5) attached Excel Chart Spread Sheets should be the basis for
determining the interrelationships of the over 500 pages of records submitted by the CIA
in a hap hazard manor in response to the Lahr FOIA request:
JOT
64 000
 Last of Attached Excel & Lead Sheets
A: CIA FOLA Response To Lahr, Letter of 28 Feb, 2005, Sheet Tab A, Rev 6 Sep 2005
B: CIA FOIA Response To Lahr, Letter of 28 Feb, 2005 Sheet Tab B, Rev 6 Sep 2005
C: CIA FOIA Response To Lahr, Letter of 28 Feb, 2005, Sheet Tab C, Rev 6 Sep 2005
D: CIA FOIA Response To Lahr; of 15, 16 Aug, 2005,Sheet Tab D, Rev 6 Sep 2005
E: CIA MORI Document Nos. and DOC. INDEX Nos. Summary, Rev 6 Sep 2005
III. EVALUATION RECORDS PRODUCED BY AIR FORCE,
DEPARTMENT OF TRANSPORTATION, NASA, & FBI
The reports from the Air Force, Department of Transportation, NASA and the FBI
are irrelevant to the CIA's zoom-climb work product
IV. Chart: Summary of FOIA requests and deficiencies
Summary of FOIA requests and deficiencies
No.
FOIA
No.
Requests
Requests
Summarized
(all re zoom-
climb
conclusions)
Summary of
production deficiency
1
4
CATEGORY 1: All
NTSB
formulas and
records of
formulas and
calculations performed
formulas used by
weight &
by use of computer files
the NTSB in its
balance data
and executable
computations of
computer programs
the zoom-climb
have not been herein
conclusions.
provided
CATEGORY 2: All
records of the
weight and
balance data
used by the NTSB
in its computations
of the zoom-climb
conclusions.
(hereinafter
referred to as ONE
& TWO
FORMULAS &
I N,
QOo. . is
 DATA)
2
69
ONE & TWO
CIA formulas
formulas and
FORMULAS &
and data
calculations performed
DATA records
by use of computer files
upon which CIA-
and executable
produced
computer programs
animation based
have not been herein
(broadcast on all
provided
networks and CNN
November 1997.)
3
71
CATEGORY 3: All
formulas and
formulas and
records of the
data entered
calculations performed
formulas and data
into CIA and
by use of computer files
entered into the
NTSB
and executable
computer
simulations
computer programs
simulations
have not been herein
regarding the CIA
provided
and/or NTSB's
zoom-climb
conclusion,
(hereinafter
referred to as
THREE -
FORMULAS &
DATA ENTERED
INTO
COMPUTER).
4
75
THREE -
formulas and
Formulas and
FORMULAS &
data entered
calculations performed
DATA ENTERED
into computer
by use of computer files
INTO COMPUTER
re CIA
and executable
records upon
animation
computer programs
which CIA-
have not been herein
produced
provided
animation
(broadcast on all
networks and
CNN November
1997.)
5
77
CATEGORY 4:
records of
records and records'
All records
when and
authors of computer
reflecting whether
who
simulations and dates of
or not the CIA
performed
their work products
conducted the
computer
have not been herein
computer
simulations
included
simulations and
for the CIA
/07
oooe,
 video animations
in-house &, if not,
all records of
when, where, and
by whom the
computer
simulations were
performed
(hereinafter FOUR
SIMULATIONS BY
WHOM).
6
83
CATEGORY 5:
simulation
no electronic records of
The computer
and
simulation and
simulation and
animation
animation programs
animation
programs
have been herein
programs used
used by the
produced
by the CIA and/or
CIA and the
the NTSB
NTSB
(hereinafter FIVE
COMPUTER
SIMULATION
ITSELF).
7
89
CATEGORY 6:
printouts of
printouts received were
The printout of
computer
not sufficiently
the computer
simulations
identifiable, dated and
simulations used
used by the
complete to determine
by the CIA and/or
CIA and
compliance
NTSB (hereinafter
NTSB
SIX COMPUTER
PRINTOUTS)
8
93
SIX COMPUTER
computer
printouts received were
PRINTOUTS
printouts of
not sufficiently
records upon
CIA
identifiable, dated and
which CIA-
animation
complete to determine
produced
compliance
animation based
(broadcast on all
networks and
-
CNN November
1997.
9
96
SEVEN - TIMING
timing
no timing sequence
SEQUENCES --
sequences
data for the radar data,
RADAR, RADIO,
including
CVR and FDR was
FDR records
radar, radio,
found in any form
upon which CIA-
and the FDR
produced
re CIA
000
67
 animation
animation
(broadcast on all
networks and CNN
November 1997.)
10
98
CATEGORY 8: All
correlation of
no correlation of zoom-
records of the
calculations
climb aerodynamic
correlation of the
with radar
calculations with actual
zoom-climb
plot
radar data was found in
calculations with
any form
the actual radar
plot (hereinafter
EIGHT - RADAR
PLOT
CORRELATION
11
99
EIGHT - RADAR
correlation of
no correlation of
PLOT
calculations
aerodynamic animation
CORRELATION
with radar
calculations with actual
records upon
plot upon
radar data was found in
which CIA-
which CIA-
any form
produced
produced
animation based
animation
(broadcast on all
based
networks and
CNN November
1997), was based.
12
101
CATEGORY 9: All
records of the
the required Boeing
records of the
information
aerodynamic
information
provided by
information supplied to
provided by
Boeing to the
the NTSB was not
Boeing to the
NTSB
supplied
NTSB used by the
NTSB to calculate
these zoom-climb
conclusions
(hereinafter NINE -
INFO PROVIDED
BY BOEING).
13
102
NINE - INFO
Boeing-
the required Boeing
PROVIDED BY
supplied
aerodynamic
BOEING records
records upon
information supplied to
upon which CIA-
which CIA-
the NTSB was not
produced
produced
supplied
animation based
animation
(broadcast on all
based
networks and CNN
November 1997.
 14
104
CATEGORY 10:
records of the
no records of the zoom-
All records of the
process by
climb conclusion
process by which
which the
reaching process were
the NTSB arrived
NTSB arrived
supplied
at its zoom-climb
at its zoom-
conclusions
climb
(hereinafter TEN -
conclusions
ALL RECORDS
GENERATED OR
RECEIVED).
15
105
TEN - ALL
records upon
records received were
RECORDS
which CIA-
highly disorganized and
GENERATED OR
produced
not sufficiently
RECEIVED
animation
identifiable, sequenced,
records upon
based
dated or complete to
which CIA-
determine compliance
produced
animation based
(broadcast on all
networks and CNN
November 1997.)
16
107
CATEGORY 11:
records
records received were
All records
generated or
highly disorganized and
generated or
received by
not sufficiently
received by the
the NTSB
identifiable, sequenced,
NTSB used in its
dated or complete to
computations of its
determine compliance
zoom-climb
conclusions
(hereinafter
ELEVEN - ALL
RECORDS OF
PROCESS)
17
108
REQUEST 108:
records of
records received were
ELEVEN - ALL
process
highly disorganized and
RECORDS OF
records upon
not sufficiently
PROCESS records
which CIA-
identifiable, sequenced,
upon which CIA-
produced
dated or complete to
r
produced
animation
determine compliance
animation
based
(broadcast on all
networks and
CNN November
1997.)
 I declare under penalty of perjury that the foregoing is true and correct.
Date: September , 2005.
Glen H. Schulze Littleton, Colorado
January, 2004
Summary CV
Institute of Electrical and Electronic Engineers, IEEE, Life Member
Washington University St. Louis, BSEE and EE Graduate Studies
University of Texas at Austin, Applied Research Labs, Consultant in Digital and Analog
Tape Recording for the US Navy LRAPP/EAES Programs
NASA Programs Apollo and Skylab, MMC, Tape Recording and Telemetry Systems
Engineering
Central Intelligence Agency Contractor, Ampex Corp., Program Manager, Digital Tape
Recording
US Naval Research Labs, NRL, ASW Acoustic Programs Tape Recording Consulting
Engineer, Digital and Analog Systems
NUSC, Andros Island Bahamas, Mark 48 Torpedo Data Collection System Design and
Operation
KSC Florida, Pan American World Airways, Telemetry Systems Engineer
White Sands Missile Range, Advanced Radar Systems Engineer
Standards Organization Memberships:
International Standards Organization, ISO TC 97 SC 12, Chairman, Tape
Recording Standards
American National Standards Institute, ANSI, X3B6, Tape Recording Standards
Inter-Range Instrumentation Group, IRIG 106, Instrumentation Tape Recording
Standards
IEEE, Chairman, Instrumentation Tape Recording Committee
Society of Motion Pictures and Television Engineers, SMPTE, Video Tape
Recording Standards
Aviation Law Firms Supported:
Kirtland Packard, Los Angeles, Aviation Accidents ATC Tape Analysis
Wolk & Genter, Philadelphia, Aviation Accidents, CVR Expert Witness
Hale Pratt, Denver, Aviation Noise, DIA Aviation Noise Measurements Expert
70 BOO"*
Ill
 Western Environmental Law Center, WELC, Taos NM, Aviation Noise EIS
Analysis
Van Elmore Law Offices, Denver, CO., Community Noise Testimony
Miscellaneous:
FDR Accident Tape Analysis of TWA FL 800 for Family Members
ATC Accident Tape Analysis of AAL FL 587 for Pilot's Parents
Professional References:
Dr. Norm Gholson
SAIC Gulfport, MS
601 863 7840
Ms. Nancy Bedford or
Dr. Clark Penrod
University of Texas, ARL
Austin, TX
[phone]
Mr. Charles Stuart
Competitive Enterprise Solutions
Arlington, VA
[phone]
Professor Ronald Stearman
The University of Texas at Austin
Aerospace Engineering Department
[phone] or 4370
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