Introduction & Summary of Contents
June 23, 1999
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UNDER SEAL
The Honorable David B.
Sentelle
The Honorable Richard D.
Cudahy
The Honorable Peter T.
Fay
UNITED STATES COURT OF
APPEALS
FOR THE DISTRICT OF COLUMBIA
CIRCUIT
Division 94-1 for the
Purpose of
Appointing Independent Counsels
Re:
In re: Madison
Guaranty
Savings
& Loan Association
Report on the Death of Vincent W. Foster, Jr.
Patrick
Knowlton's motions -
(1) To amend the Comments & Factual Information
included in the appendix to the OIC's
interim Foster Report, pursuant to the
Ethics in Government Act of 1978; and
(2) Motion to unseal proposed
Comments & Factual Information
Dear Sirs:
In
September 1997, the Court ordered the Office of Independent Counsel ("OIC") to
include Mr. Knowlton's filing in the appendix to the OIC's interim Report on Mr. Foster's
death. That Report, inclusive of its
appendix, is available from any government printing office, document # 028-004-00095-8. Mr. Knowlton respectfully asks the Court to order
the OIC to substitute this work in the place of his earlier filing, so that it too will be
available as document # 028-004-00095-8. Mr.
Knowlton also respectfully asks the Court to immediately unseal this filing.
The
objects of the relief Mr. Knowlton seeks[1] are the same as those of our Ethics in
Government Act[2] -- to ensure that (1) justice is done, (2)
justice appears to have been done, (3) those named in a Report are afforded a measure of
fairness, (4) reports are full and complete, and (5) the Independent Counsel is
accountable.
Summary of Contents
Preface........................................................4
Table of
Contents.............................................25
I. BACKGROUND...............................................28
II. AUTHORITIES ARRIVE AT
THE SCENE..........................73
III. OVERVIEW
OF THE COMPARISON OF THE
PUBLICLY AVAILABLE EVIDENCE TO THE
OIC'S REPORT.........115
IV. EVIDENCE OF KNOWLEDGE OF THE DEATH
BEFORE THE OFFICIAL TIME OF NOTIFICATION................118
V. EVIDENCE THAT THE OIC CONCEALED THE
DISAPPEARANCE OF
PHOTOGRAPHS............................127
VI. EVIDENCE THAT THE OIC COVERED UP THE ABSENCE OF THE
OFFICIAL MOUTH ENTRANCE WOUND &
HEAD EXIT WOUND, AND
THE EXISTENCE OF A NECK
WOUND...........................151
VII. EVIDENCE
THAT THE OIC COVERED UP THAT MR. FOSTER
DID NOT FIRE OR OWN THE GUN FOUND
AT THE PARK...........245
VIII. EVIDENCE CONTRADICTING THE OFFICIAL
CLAIM THAT
MR.
FOSTER DROVE TO THE PARK...........................285
IX. OTHER
ANOMALIES.........................................358
X. INFERENCES TO BE
DRAWN FROM THE FACTS...................373
XI. STATE OF
MIND...........................................394
XII. INVESTIGATIVE
HISTORY...................................416
XIII.
CONCLUSION.............................................435
Endnotes.....................................................456
[1] See pp. 2-4 of Motions of
Patrick Knowlton, filed
herewith:
(1) For Leave to Amend Comments and Factual Information included in the Appendix to the
OIC's Interim Report on the Death of Vincent Foster... (2)
Unseal Comments and Factual Information Proposed to be an Appendix to the OIC's
Report & (3) Compel the OIC to produce his grand jury minutes:
Patrick
Knowlton respectfully prays that the Court grant him leave to amend the Comments and
Factual Information, attached as an appendix to the OIC's interim Report by Order entered
September 26, 1997, and to substitute the enclosed Comments and Factual Information in its
place... Because of the extraordinary public
importance of the current debate on whether to reenact our Ethics in Government Act, and
the need to promptly disseminate the information in the subject filing to the American
people, movant respectfully requests that the Court consider the motion to unseal his
filing on an expedited basis...
Summary of argument: ...The OIC's reliance on § 594 in filing its
interim, as opposed to a "final," Report, was in error. The OIC's interim Report is unknown to the Act and
this Court therefore need adjudicate movant's rights under the Act. *** Patrick Knowlton [also] respectfully moves the
Court to unseal his proposed comments and factual information. The common law, the First Amendment to the
Constitution, and the traditional practice of this Court support the relief requested. Personal privacy interest in non-disclosure, if
any, is outweighed by the public interest in the administration of justice. The Act specifically authorizes this Court to
unseal... *** A grand jury witness has a
general right to the transcript of his own grand jury testimony when sought in connection
with a judicial proceeding.
[2] The
Ethics in Government Act of 1978, 28 U.S.C. §§ 591-599 (1994) [hereinafter also the
"Ethics in Government Act," the "Independent Counsel Statute," or
"the Act"].