New motion in Foster case
Wednesday, 21-Feb-01 12:13:33

    24.14.28.77 writes:

    New motion in Foster case
    Attorney pushes for release of death
    photos taken at Fort Marcy Park


    By Jon Dougherty
    2001 WorldNetDaily.com

    A Los Angeles-based attorney has filed a
    motion in federal court seeking an order to
    release 10 "pristine" photographs of former
    Deputy White House Counsel Vincent Foster
    that were taken as he lay dead in Fort Marcy
    Park in northern Virginia on July 20, 1993.

    The motion, filed by attorney Allan J. Favish,
    comes on the heels of a separate motion filed
    earlier this month by Foster's widow, Lisa
    Foster Moody, and his sister, Sheila Foster
    Anthony.

    That motion was filed in an effort to block U.S.
    District Court Judge William D. Keller's earlier
    ruling ordering five of the photos to be released
    by the Office of Independent Counsel.

    A hearing on both motions is scheduled for
    March 5.

    Keller, who issued his ruling Jan. 13, wrote that
    "the decision to release" the photos was
    "determined by balancing the respective interest
    of the public and survivors."

    In this case, the appellate court appears to have
    defined the zone of privacy protection as those
    photographs that are "graphic, explicit and
    extremely upsetting," and, therefore, not
    releasable.

    However, the Foster family motion, which seeks
    to "alter or amend" Keller's ruling, alleges that
    "the court erred in its balancing of the
    compelling privacy interests" of Vincent Foster's
    surviving family members "against the
    purported public benefit in disclosure of the
    photographs."

    Attorneys for the family argued that previous
    court rulings extended a "zone of privacy [to] a
    spouse, a parent, a child, a brother or sister
    [who] seek to 'preserve the memory of the
    deceased loved one.'"

    The filing said Keller "erred by not determining
    what public benefit would be served by the
    release of these photos," as an earlier court of
    appeals ruling required.

    Although he expressed sympathy for the Foster
    family, in his new motion Favish asserted that
    family members "have been denied the closure
    that any family would desire" and, hence, the
    photos should be released to the public "to
    make its own conclusions."

    "The blame for this lack of closure does not lie
    with those who are seeking the truth in order to
    keep their government honest," Favish wrote. "It
    lies with government officials who have
    produced reports [about Mr. Foster's death] that
    have no credibility."

    Favish decried OIC characterizations that his
    Freedom of Information lawsuit was based
    solely on "conspiracy theories" and "baseless
    speculation." Rather, he said, "I rely upon
    undisputed facts from the government's own
    underlying investigative record" which
    "establish beyond question that [reports issued
    by former Independent Counsels Robert Fiske
    and Kenneth Starr] are not worthy of the public's
    trust."

    Citing excerpts from a previous 9th U.S. Circuit
    Court ruling on the case last year, Favish said
    two judges on the panel said he "tenders
    evidence which, if believed, would justify his
    doubts" about the federal government's
    conclusion that Foster's death was a suicide.

    "Although the OIC likes to use the phrase
    'conspiracy theory' as a pejorative," Favish
    wrote, "whether the reports are untrustworthy
    because of a conspiracy to hide the truth or
    because of a mass coincidence of innocent errors
    by separate individuals, the fact remains that
    the reports are untrustworthy and the public is
    entitled to a trustworthy investigation."

    In seeking to prevent any photos from being
    released, the Foster family argued that it was
    unnecessary because "five separate
    investigations -- by the Park Police, two
    independent counsels, and congressional
    committees of both houses of Congress" had
    already examined the former White House
    counsel's death.

    However, Favish said the congressional
    committees were limited in scope and both said
    the purpose of the inquiries was not to
    determine whether Foster was killed or
    committed suicide, but rather to focus instead
    on the handling of the ensuing investigation by
    authorities.

    Ten of the unreleased photos pictured all, or
    part of, Foster's body while it was still lying in
    Fort Marcy Park.

    Last September, WND reported that for the first
    time, Foster's White House computer had
    finally been obtained by the Office of
    Independent Counsel under Robert Ray, after
    both Fiske and Starr failed to secure it for
    examination.

    "As a result, Foster's hard drive became a hot
    potato inside the White House, bouncing from
    one official's hands to another's -- breaking the
    chain of custody over and over, before finally,
    last week, ending up where it has belonged all
    along -- in the hands of investigators," WND
    reported.

    Foster handled the first couple's Whitewater tax
    returns just before he died, calling it a "can of
    worms." Top aides for both Clintons frantically
    searched his office the night he died. One took
    an armful of file folders to the first lady's office,
    a uniformed Secret Service agent has testified.

    One of the computer files reveals that Foster
    and his wife planned to go out on a date the
    same night he was found dead in Fort Marcy
    Park, according to a White House whistleblower
    who has read the file and recently turned over
    evidence to Ray under subpoena.

    Related stories:

    Foster kin seek to block death photos

    Court orders release of Foster photos

    Foster planned date with wife

    New angle on Foster death

    No 'independent' probe of Foster death


    Jon E. Dougherty is a staff writer for WorldNetDaily.

    http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=21793

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WND=Vince Foster's death: An FBI cover-up?
http://www.apfn.org/apfn/death.htm

SEARCH: VINCE FOSTER
28169 documents found - 0.1343 seconds search time

http://www.ussc.alltheweb.com/cgi-bin/search?type=all&query=VINCE+FOSTER&exec=FAST+Search

FBI Informant Alleges FBI Murder Plot
http://fbicover-up.com/

The Clinton's Body Count
http://www.apfn.org/apfn/count.htm

The Foster File
http://www.apfn.org/apfn/vince.htm

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