"We're
at a point in our history where the American
public must stand up, hand in hand, shoulder
to shoulder and fight peaceably by revolution...
"Everywhere
we go we ask people, 'Do you think we've been
told the truth about 9/11?' and 80 to 90% of
people say 'No.'"
Sander
Hicks interview with Philip Berg
12/10/03
Philip
Berg
PB:
Philip Berg here, attorney for Mrs. Ellen Mariani.
Kenneth R. Feinberg who has been appointed Special
Master of the 9/11 Victims Compensation Fund is
involved to prevent discovery of the true facts
of 9/11. Family members who go into the fund are
prevented from suing the Airlines, the Government
or anyone. We feel that it's part of the entire
attempt by the Bush Administration to circumvent
the truth.
SH:
But isn't there some sort of legal precedent for
people being barred from further litigation if
they accept compensation money from a fund like
this? Are there precedents?
PB:
I don't think there's ever been a fund like this.
People in Oklahoma City were not compensated for
the damage that occurred. This is a special situation,
with a major disaster. It was supposedly set up
to save the airlines or save the insurance companies.
But it's also, we believe, an attempt to hide
the truth.
SH:
Has Kenneth Feinberg been served papers in this
suit?
PB:
No, not yet, but a US Attorney has accepted service
of the complaint.
PB
reads aloud from suit, section on Feinberg:
40. Plaintiff,
herein also names Defendant Kenneth R. Feinberg,
Special Master of the September 11 Victim
Compensation Fund of 2001, (hereinafter "Fund")
as a party for his questionable strong-arm
tactics and hostility towards Plaintiff. Plaintiff
asserts and alleges, Defendant Feinberg’s
appointment by Defendant Aschroft was tactical
placement of a "go along to get along" move
by Defendant GWB to ensure all "911" families
joined the fund to prevent any questions of
liability, gross or criminal negligence on
behalf of Defendant GWB and his administration
for failing to act and prevent the "911" attacks.
41. Plaintiff
provides at Exhibit "D" proof of his
lack of independence in administering the
"Fund" via a letter signed by Defendant Feinberg
to Donald J. Nolan, Esquire dated February
8, 2002. Most notable is the handwritten statement
below Defendant Feinberg’s signature
that states: "So – are you bringing
your clients into the Fund? Give me a call.
Best - K."
42. Plaintiff
asserts Defendant Feinberg’s overall
involvement with the "Fund" and his appointment
by Defendant Ashcroft is highly suspect and
will call at trial staff members of the "Fund"
who will expose the appropriate facts to support
Plaintiff’s claim that Defendant Feinberg’s
assignment is not to administer just compensation
to the families but, a ploy to silence any
traditional lawsuits that will expose Defendant
GWB’s failure to act and prevent the
"911" attacks.
SH:
Wait, you're blaming Ashcroft for….?
PB:
Oh sure, we've named him. There's high levels
of people in the Bush Administration who knew
of, failed to warn, failed to prevent and also
are covering up since 9/11. Ashcroft for instance,
stopped flying commercial aircraft in July of
2001. Why? What did he know that we didn't know
that they failed to tell us? We've attached as
an Exhibit to our complaint, a letter to Don Nolan,
Ellen Mariani's first attorney, and it's a basic
form letter, and then over when the letter's finished,
(we happened to get a copy) at the very bottom
it states, "So, are you bringing your client into
the Fund?" signed "K" it's all in his own hand-writing.
My client feels that was going her back to her
attorney because her attorney was involved in
litigation. Here Feinberg is trying to get her
into the fund through a personal relationship
with her attorney. We don't think that's cricket.
SH:
Is there a legal or an ethical statute that's
violated by that?
PB:
I'd have to check further….I think it's an
ethical violation.
SH:
What about Attorney/Client privilege? Does that
violate it?
PB:
Yeah because that was not communicated. That letter,
we allege here is proof of Feinberg's lack of
independence
[back
to reading from suit]
Furthermore,
Red Cross delays have in effect thrown needy
families into the waiting arms of Defendant
Ashcroft and Defendant Feinberg while also
serving to keep the government of the United
States out of the courtroom via what Plaintiff
originally termed "the Feinberg hush fund."
Defendant Feinberg has maintained total control
over fund settlements while allowing the Red
Cross to extend payments in the millions from
donations to displaced renters and homeowners
who did not even lose a family member, and
also to Federal Emergency Management Agency
(FEMA) workers, all of whom should have been
paid from FEMA's well-established and budgeted
funds approved by Congress. Defendant Feinberg
allowed the U.S. government to use Red Cross
funds specifically donated to the families
who lost their loved ones, said funds given
to other parties, which only helped to extend
and intensify the financial difficulties of
victims family members, as many just decided
to give up and submit to Defendant Feinberg's
fund while also absolving the government of
the United States of all future accountability.
43. Plaintiff,
reasonably believes, Defendants are hiding
behind arbitrary legislation such as this
"Act" [Air Transportation Safety and
System Stabilization Act] and the
Patriot Act to silence Americans such as herself
from obtaining the truth as to how and why
"911" ever occurred. To protect and preserve
the United States Constitution Plaintiff’s
Amended Complaint merits judicial redress
and all extraordinary relief for the good
of our nation.
SH:
Final Question, what's your quick bio:
Philip
Berg here, former Deputy Attorney General of Pennsylvania,
59 years young, practicing law for 32 years, former
candidate for Governor and US Senate.
SH:
In the Democratic Primary?
PB:
It was in the Democratic Primary but try
not to stress that, because this is not a political
issue. My client and I are stressing the fact
that where ever this case leads us we will ask
and have those individuals enjoined in this case.
This case is so important to all Americans. It
crosses political lines, religious lines, racial
lines. We're at a point in our history where the
American public must stand up, hand in hand, shoulder
to shoulder and fight peaceably by revolution,
together to go back to the basics we had when
the Declaration of Independence, the Bill of Rights
and the U.S. Constitution were formulated in this
country. And if we don't do it soon, with acts
such as the Stabilization Act and the US PATRIOT
Acts, we're going to go down the drain. We're
losing rights minute by minute here and we're
in a very dangerous time in this country.
[Note
he mentioned media hits he had gotten on local
Phillie radio on KWY running story all day, and
the all talk station, WPHO, running a feed they
got from the press conference Mariani and Berg
did the day previous, 12/10/03 at National Press
Club]
PB:
Everywhere we go we ask people, "Do you think
we've been told the truth about 9/11?" and 80
to 90% of people say "No." People want the truth.