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 Post subject: FOIA Requests and the Dreaded Non-Response
PostPosted: Fri Jan 28, 2005 11:14 am 
Speaking My Mind
Speaking My Mind
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Joined: Mon Jan 17, 2005 12:30 am
Posts: 74
Location: Los Angeles
Following thread brings an update, to date, on the reactions to FOIA requests and how they end up in the black hole of government offices.

Hi Marge,

Cut and Past below will bring you up to date. Thanks for your response.
John McCarthy



The letter below sent to Colonel Robin Swope, United States Military Academy, West Point, New York, remains unanswered. The required time for response has lapsed.

In addition to the requested items below, your office IG Hotline is also delinquent in responding to charges of Treason in Wartime sent in 2004.

The National Security Council Documents below provide irrefutable evidence of Treason on the part of the National Security Council members who blatantly disregarded Presidential Directives issued during said Council meeting, during Wartime. The results were disastrous.

Then Prince, now King, Norodom Sihanouk of Cambodia is in possession of these NSC documents. The Cambodian Embassy in Washington, DC is also in receipt of these documents.

The documents below provide notice of additional non-response from members of the Senate Intelligence Committee (Shelby and Kyl) and the recently departed Attorney General, who had this information on his desk for over three years without action or response. Follow-up telephonic communication with the Duty Officer of the Department of Justice was met with panic and choking when the term "TREASON IN WARTIME" was broached. There was no response to that communication, either.

Karl Rove, the Presidents advisor, is in receipt of the following documents via FAX sent to his White House Office. Therefore, this information is of no surprise to the current administration.

I do believe it is time for a recognition of the allegations and evidence provided and a comprehensive notice of how your office plans to remedy this matter.

Background information on this matter is contained in the following URL's

The Central Intelligence Agency, after years of denying knowledge of the information above, has recently responded to an FOIA request for all documents on this matter by now saying these topics are classified and not available to FOIA requests. That, in itself, is progress.

This pattern of abuse re FOIA requests is endemic and must be addressed without further delay.

If your office follows suit with regard to the non-response to this request for copies of my Record of Trial, described below, in the allotted time frame, and the high crimes described in the URL's above, I have no other recourse than to apply the remedy in our nations judicial system.

John McCarthy
3628 Colonial Avenue
Los Angeles, CA 90066
310 397 1143

Cc: Interested Parties


Copy of Record of Trial by Court-martial


Colonel Robin Swope
Staff Judge Advocate USMA

Dear Colonel Swope,

I experienced a General Court-Martial conducted on 29-30 January, 1968, at the USARV Headquarters in Long Binh, Vietnam, resulting in a conviction for the charge of premeditated murder. Although facing the death penalty, the court, in their wisdom, sentence me to imprisonment "for the term of your natural life" only. Sentencing did not include reduction in rank, forfeiture of pay and allowances nor dismissal from the service. I continued to draw full pay although my "allowances" were drastically curtailed in violation of sentencing while incarcerated at the USDB at Ft. Leavenworth, Kansas.

Newly found evidence in the form of a written recantation by the Government's Expert Witness at trial was presented to the Court of Military Review which determined, in November, 1970, this information to be "fraud upon the court" resulting in the setting aside of the conviction and subsequent ruling by a new convening authority who determined that a conviction at a new trial was "highly unlikely", resulting in the dismissal of the charge on January 8, 1971.

I noted on the distribution list that the USMA was a recipient of a copy of this Record of Trial, Case No. CM 417936

I request a complete copy of this Record of Trial be made a available to me with a waiver for no cost, since this is "my" Record of Trial. I was unable to maintain the integrity of the copy issued to me subsequent to trial due to the environment of the maximum security 5 x 7 foot cell in which I was incarcerated in virtual isolation for months on end. I also request a copy of all allied paperwork associated with the Record of Trial at no cost to myself which I was never provided a copy of, IE, the Article 32 Hearing and the SJA Post Trial Review and copies of all interviews by CID, CIC and CIA of witnesses at trial.

Further information to assist in your search for the requested documents:

John J McCarthy, Jr.
Captain, Infantry, USAR
Unit Assigned--Detachment B-57, 5th Special Forces Group, Airborne, Project Cherry, Case Officer for CIA Directed Black Terror and Assassination Missions in Vietnam and Cambodia

----- Original Message -----
From: McCormick, M. MS USCC
Sent: Friday, January 28, 2005 5:09 AM
Subject: RE: USMA

Sir - I am the Commandant's secretary. What can I help you with?


Marge McCormick
Secretary to the Commandant
Com: (845) 938-3103 DSN: 688-3103
Fax: (845) 938-7681

-----Original Message-----
From: Anderson, N. MR USCC
Sent: Friday, January 28, 2005 06:59 AM
To: McCormick, M. MS USCC
Subject: FW: USMA

-----Original Message-----
From: Jones, M. MS DEAN On Behalf Of 8dean
Sent: Thursday, January 27, 2005 7:38 AM
To: Anderson, N. MR USCC
Subject: FW: USMA

Good morning this e-mail came thru the 8dean account

From: john mccarthy []
Sent: Wednesday, January 26, 2005 12:07 PM
To: 8dean
Subject: USMA


I am attempting to locate an email address to the USMA Commandant's Office. Please provide this information on an urgent matter.

John McCarthy
3628 Colonial Avenue
Los Angeles, CA 90066
310 397 1143

It is dangerous to be right when your government is wrong.--Voltaire

You may choose to ignore the facts, but you cannot change the facts --Author Unknown

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