Only the Westlaw citation is currently available.United States District Court,N.D. California.TAXPAYERS OF UNITED STATES OF AMERICA,United States Government, Scott Munsun,Abel Ashes, Ralph Tibbs, and Stanley G. Hilton,Plaintiffs,v.George W. BUSH, Dick Cheney, George Tenet, RobertMueller, Condoleeza Rice,John Ashcroft, and United States of America, Defendants.
No. C 03-03927
SI.Dec. 30, 2004.Stanley G. Hilton, S. G. Hilton, San Francisco, CA, forPlaintiffs.Tracie L. Brown, U.S. Attorney's Office, San Francisco,CA, for Defendants.ORDER GRANTING DEFENDANTS' MOTION TODISMISSILLSTON, J.
Defendants have filed a motion to dismiss plaintiffs'Second Amended Complaint pursuant toFed.R.Civ.P.12(b)(1)and12(b)(6).The Court has deemed the motion
submitted without oral argument pursuant to Local Rule7- 1(b). Having carefully considered the papers submitted,the Court hereby GRANTS the motion for the reasons setforth below.BACKGROUNDPlaintiffs, identified as "Taxpayers of the United States of America" and "United States Government," plusindividuals Scott Munsun, Abel Ashes, Ralph Tibbs, andStanley G. Hilton, filed a Second Amended Complaint onAugust 27, 2004, against President George W. Bush, VicePresident Dick Cheney, CIA Director George Tenet, FBIDirector Robert Mueller, National Security AdvisorCondoleezza Rice, Attorney General John Ashcroft andthe United States of America (collectively "defendants").In their first cause of action, characterized as a "taxpayersuit under the Constitution," plaintiffs allege thatdefendants, in conspiracy with the government of SaudiArabia, orchestrated the September 11, 2001 attacks onthe World Trade Center and Pentagon in order to gatherpublic support for the military invasion of Iraq andpersuade Congress to enact the U.S.A. Patriot Acts.Second Am. Compl. ¶ 12. In addition, the individualplaintiffs allege violations of their constitutional rights:(1) plaintiff Scott Munsun alleges that federal park rangers at Baker Beach, San Francisco, stopped him fromdistributing literature critical of defendants andconfiscated the literature; (2) plaintiff Abel Ashes allegeshe was fired from his job at a Nieman Marcus departmentstore in San Francisco for distributing anti-war literature;and (3) plaintiff Ralph Tibbs alleges that his veteranpension payment has been reduced by militaryexpenditures.
at ¶14.[FN1]FN1.In their Opposition brief, plaintiffs allegethat on September 22, 2004, plaintiff Hilton's lawoffice was broken into and files were searchedand seized "under the auspices and authority of the unconstitutional U.S.A. Patriot Acts." Pls.'Opp'n at 2. Plaintiffs seek leave to amend thecomplaint to add another cause of action toaddress this conduct.In their second cause of action, plaintiffs allege thatdefendants violated the Fraudulent Claims Act,31 U.S.C.§ 3729, by presenting false claims to Congress about theweapons capability of Iraq and the ties between thegovernment of Iraq and Al Qaeda in order to divertfederal taxpayer funds to the military campaign againstIraq.
at ¶ 22, 25. Plaintiffs' third cause of action, underthe Racketeer Influenced and Corrupt Organization Act("RICO"), asserts that the Iraq war "has been a cover forracketeering activity" to generate income for defendantsand the Halliburton and Bechtel companies.
at ¶ 25.For their first claim, plaintiffs ask the Court for aninjunction prohibiting the Attorney General fromenforcing the U.S.A. Patriot Acts, a declaratory judgmentthat the U.S.A. Patriot Acts and the military action in Iraqare unconstitutional, and an injunction removingdefendants from office.
at ¶¶ 6-7, 16. They also seek,among other relief, reimbursement of the federal fundsallegedly defrauded from Congress, reimbursement of thetax dollars gained by Halliburton and Bechtel, an ordercompelling defendants and their business associates torelease all information concerning the genesis andexecution of the September 11 attacks, and otherNot Reported in F.Supp.2d FOR EDUCATIONAL USE ONLY Page 1Not Reported in F.Supp.2d, 2004 WL 3030076 (N.D.Cal.)
(Cite as: 2004 WL 3030076 (N.D.Cal.))
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