Our Deepest Condolences to our friends and allies, the people of Great Britain. As you stood by us, we stand by you.

National Alliance of Families Mourns the Passing of Vice Admiral James B. Stockdale. Medal of Honor recipient and former Prisoner of War, Stockdale spent over 7 years as a prisoner of Hanoi. He was a man of honor and principle.

Did Taliban Hold and Execute a Navy Seal – On June 28^th a helicopter crashed in a remote section of Afghanistan. On board were an Army Special Operation Team and a team of Navy Seals. The mission was to rescue a team of Navy Seals. Exact circumstances of either the original mission or the rescue is unknown. The chopper was brought down by enemy fire and all 16 aboard perished.

Of the Seal Team they were sent to assist, one was rescued. The remains of two others were recovered. Search continues for the 4^th member of the team. Earlier this week Taliban radio reported they were holding the Navy Seal and plan to execute him.

Today, Reuters reports that the Navy Seal has been executed, although U.S. military authorities have been unable to confirm claims of capture or execution.

According to the Reuters News Alert filed by Sayed Salahuddin, out of Kabul; “ Taliban guerrillas said on Saturday they had killed a missing American commando they claimed to have captured in eastern Afghanistan last month, but the U.S. military said it had no information to support the claim..... Taliban spokesman Abdul Latif Hakimi said.... the U.S. commando was killed at 11 a.m. (0630 GMT) on Saturday and his body dumped on a mountain in the eastern province of Kunar, where a four-man Navy SEAL team went missing during a clash with militants June 28. "We killed him using a knife and chopped off his head," he said by satellite telephone from an undisclosed location.”

“ The U.S. military has said..., it has said it has no information to suggest the missing man had been captured. Asked about the Taliban claim that the man had been killed, U.S. military spokesman Lieutenant-Colonel Jerry O'Hara said he had no information to support it, but the military was looking into the report. "We are still conducting a search hoping our missing service member is alive as we have no proof telling us otherwise," he said.”

“Hakimi's information has often proven unreliable in the past, but he has appeared well informed about events surrounding the helicopter crash. He said the body of the commando had been left on the top of a mountain in Kunar province's Shegal district. "He is wearing red clothes," he said. "We got the information we wanted from him during the interrogation." Hakimi had said earlier on Saturday that the man the guerrillas claimed to be holding was a commando officer and would be killed in two or three days following his interrogation.”

“ The Pakistan-based Afghan Islamic Press news agency also quoted a guerrilla commander in Kunar, Mohammad Ismail, as saying that the commando had been killed. It quoted Hakimi as saying the killing followed a decision by the Taliban's religious leaders.”

“..... The Taliban have never before captured, or claimed to have captured, a U.S. soldier and U.S. President George W. Bush's national security adviser, Stephen Hadley, said it was a top priority to find the missing man.”

Navy Urges Better Hunt for Speicher – According to an Associated Press article published July 8^th - “A new Navy review of efforts to determine the fate of missing pilot Capt. Michael Scott Speicher is recommending that the U.S. government undertake an intensified search in Iraq and that his status be affirmed as "missing-captured," Sen. Bill Nelson wrote in a letter to the Navy's top civilian.”

"I urge you to accept the board's recommendation regarding Capt. Speicher's status. I also encourage you to work to implement the board's recommendation regarding an intensified search effort," the Florida Democrat wrote to Navy Secretary Gordon England, who also is the acting deputy defense secretary.”

“...In response to Nelson's statements regarding the board of inquiry's recommendations, the Navy public affairs office said the inquiry is not complete and therefore it would not comment directly on the board's findings.

Two officials who have seen the inquiry's findings and recommendations confirmed to The Associated Press that Nelson accurately portrayed the outcome. They spoke on condition of anonymity because of the information's confidentiality and because England has not yet seen it. The board of inquiry met and reached its conclusions last week, the officials said.”

“The Navy has changed its position on Speicher's status over the years. Hours after his plane went down, the Pentagon declared him killed in action. Ten years later, the Navy changed his status to MIA, citing an absence of evidence that he had died. In October 2002, the Navy switched his status to "missing-captured," although it has never said what evidence it had that he was in captivity.”

"Over the years we've learned a great deal, but I am not satisfied we have fulfilled our responsibility to Capt. Speicher or to his family - or to all members of our military," Nelson wrote in his letter. He said some areas of Iraq that remain dangerous due to insurgent activity should be searched for possible additional evidence, and former Iraqi government officials in U.S. custody may have more information.”

"Other witnesses have been identified but not yet located or brought in for interrogation," Nelson said.

A Pentagon team assigned to search for evidence of Speicher after the fall of Baghdad completed its efforts in May 2004. In congressional testimony shortly afterward, Marine Brig. Gen. Joseph J. McMenamin, who led the search team, said all in-country leads regarding the pilot's fate had been exhausted.”

“McMenamin also said, however, that some leads could not be fully pursued because of the security threat from the Iraq insurgency. Another problem, he said, was that nomadic Bedouin tribesmen who may have information of value are difficult to find. And some who might have information about Speicher may be intimidated by the threat of retribution by members of the former Saddam regime who are still at large.”

The Meetings – Logistically, this years meeting proved to be difficult for many family members forced to shuttle between hotels, in order to attend both DPMO and family group meetings.

Wednesday started with DPMO’s briefing for Veterans and Concerned Citizens. Considering the short notice for the meeting, it was well attended. We were please to see that many family members also attended. As always the question and answer session proved interesting.

The Family Briefings began Wednesday afternoon. As we all remember, DPMO justified their decision to move the Briefing to an neutral location, un-associated from any family group, in order to remove any appearance of favoritism. Unfortunately, they failed.

Announced as briefings “for family members only” during the earlier Veterans and Concerned Citizens meeting, we found non-family members, associated with the National League of Families, attended the family members only briefings. These various individuals serve as advisors to the League. We are please that the League was allowed to bring non-family member advisors to the meeting and believe that practice must continue

Unfortunately, no one at DPMO notified the National Alliance of Families that we had the opportunity to have non-family member advisors attend the government briefings. Or, was that opportunity given only to the League..... so much for not showing favoritism?

Questions... But Again No Answers – It appears that the intelligence collection efforts within DPMO have been a dismal failure. For example, consider the following:

Item One: In 2001 a high-ranking defector was made available to DPMO for interview, and it was well known that he had extensive information of value in the POW issue. Despite that fact, DPMO stated flatly that it had no interest in the individual. Only after pressure from DIA did DPMO pose questions for the defector, effectively giving lip service to the situation, but after the defector provided 22 new items of intelligence information, DPMO still failed to follow up with the individual, and has continued to ignore the individual and the invaluable information he possesses.

Item Two: During the Gulf War, after it was certain that U.S. Naval officer Michael Scott Speicher survived his aircraft loss incident, DPMO showed little interest in resolving the fate of the missing officer. Despite the receipt of a large number of intelligence reports from sources of varying credibility, DPMO failed to make any sincere efforts to investigate the reports, despite its responsibility to do so, and has never made a credible effort to determine the fate of Captain Speicher. Providing lip service to the matter of an American probably alive in captivity is unacceptable.

Item Three: DPMO's failure to issue intelligence collection requirements to follow up on source interviews such as the defector is inexcusable. DPMO's failure to investigate credible reports regarding Captain Speicher is unbelievable.

But the situation gets worse, far worse.

In 1998, the Directorate of Operations within DPMO received an extremely credible report that American MIAs were still being held in Southeast Asia, and DPMO ignored the report! Not one single action was taken to determine if the report was true, the source was not interviewed further, the Governments in Southeast Asia were not asked to account for the report…nothing.

1.         Can anyone in DPMO explain why a report of live Americans in captivity in Southeast Asia has been totally ignored by DPMO since 1998?

2.         Was the Secretary of Defense made aware of the report of live Americans in captivity? If not, why not?

3.         Was the Secretary of State made aware that live Americans might still be held captive in Southeast Asia? If not, why not?

4.         Was the President of the United States informed that DPMO had the report, and that live Americans might still be held in Southeast Asia? If not, why not?

5.         If DPMO refuses to issue intelligence collection requirements to follow up on credible information that Americans may be alive in captivity, then why is it in business? How credible does an intelligence report have to be before DPMO will investigate it, or does the credibility of the report not matter?

6.         If DPMO refuses to honor its charter to account for live Americans, which Government agency has the responsibility to account to the families for those Americans still missing? Has the Government essentially given up on accounting for Americans still missing, especially those reported to be alive in captivity?

This list of questions was passed at the recently concluded meetings. During the Q&A portion of one government session, Dolores Alfond, National Alliance of Families Chairperson, focused on the 1998 report of American’s still held in Southeast Asia. She was told the report was "highly classified" and that they "shouldn't even be discussing it." When she pressed, she was told one source knew nothing and the other recanted.

Ann Holland, member of the Alliance Board of Directors and wife of T/SGT Melvin Holland missing from Lima Site 85, followed up by asking "if one source knew nothing and the other recanted, why is the report still classified." there was no answer to that.

In the Veterans and Concerned Citizens meeting Lynn O’Shea asked about the source who provided 22 new items of intelligence information. The response was that he had no information to offer.

We relayed these responses to a well-placed source who responded; “DPMO is absolutely lying.”

It’s Criminal – If those within DPMO failed to act on a 1998 creditable report of live Americans in Southeast Asia, well that’s just plain criminal.

Our Meetings – Juggling the schedule to accommodate the government’s schedule was difficult, but we did it. As in past years, our meeting opened with a prayer by our dear friend Michael McDaniel, son of former POW Capt. Eugene “Red” McDaniel. Dolores Alfond followed with opening remarks. Roger Hall briefed us on the status of the CIA lawsuit. (A detailed report from Roger, along with a “Friend of the Court” brief from Carol Hrdlicka may be found at the end of this newsletter.) The evening wrapped up with a presentation by David Hendrix, reporter, editor and author, who has written extensively on the POW/MIA issue.

Friday morning started with an opening prayer from Ann Holland. After the prayer, Ann spoke about a live sighting report she received, of an American from Phu Pha Thai the location of Lima Site 85, who got to bathe every Friday, and wanted to go home as see family. She also told how one member of a JTF-FA team walked down the road toward the area where this American was reported. He was stopped by Lao officials and threatened with expulsion, as the area was restricted.

Our guest speaker for Friday morning was Dr. James Lucier, former Chief of Staff for Senator Jessie Helms. Dr. Lucier held that position during the time of the investigation conducted by the Minority Staff of the Senate Foreign Relations Committee on POW/MIAs. As a result of that investigation, he along with chief investigator Tracey Usry and others were fired for “the good of the country.”

To our knowledge, this was only the second time Dr. Lucier’s has spoken publically on the investigation. The first time was in the award winning documentary by Bill Dumas “Missing - Presumed Dead.”

Following Dr. Lucier’s presentation, we made a presentation of our own to POW/MIA activist Donna Long. For those of you who don’t know Donna, she has worked on the POW/MIA issue since 1971. Her efforts in the POW/MIA issue led her to mortgage and eventually lose her home. In 1988, on a trip to Southeast Asia, Donna and Activist Jim Copp were arrested by the Lao and spent a month in a Lao jail. If you ever visited the Last Firebase, at the Wall, chances are you met Donna, as she was a fixture at the booth. Winter, Spring, Summer or Fall, 24/7, odds on Donna would be their dispensing POW/MIA information. Donna is leaving D.C., to join her family in Texas. She reminded us she is not leaving the issue and to keep herself busy in her spare time, Donna has volunteered for the “Minuteman Project.”

To thank her for her years of dedication and efforts on behalf of our POW/MIA’s, the National Alliance of Families presented a small token of our deep appreciation for her efforts.

The afternoon session started with a reading by Marsha Burks Megehee, of her haunting poem “Ghosts of the Gulag.”

Former POW Larry Stark followed with a briefing on his recent trip to Laos. Larry continues to make trips in Laos and told us how he had developed information that may and WE STRESS MAY, lead him to the son of an American. Unfortunately, Larry’s information indicates that the American father passed away last July.

Following Larry’s presentation, the Alliance made our annual presentation of POW/MIA Activist of the Year. This award is really mis-named as no one serious about the POW/MIA issue is an activist for only one year. Rather, this award is to recognize a body of continuous and outstanding work on behalf of our POW/MIAs. This year’s award went to Rod Utech of POW/MIA Radio. Rod presents a weekly three hour program dealing with the POW/MIA issue and various veterans related topics. For his outstanding work, and dedication, Rod Utech is this years, POW/MIA Activist of the Year. Unfortunately, Rod couldn’t be in D.C. this year, so he didn’t get to hear all the good things we said about him.

It’s at this point the wheels came off the bus and the schedule went to ..... well if you’ve ever been to an Alliance Meeting you know our schedules never stay on schedule. Our good friend Mark Sauter, was scheduled to join us. Due to illness he was unable to attend. We filled in as best we could, while wondering what would happen to the evening session... a scheduled panel with Mark and Dave Hendrix.

In stepped another of our dear friends.... Tracey Usry. The interaction between Tracey and Dave made for a freewheeling and informative evening. One item, new to this writer, was that the next step in the original investigation, under the direction of the Minority Staff of the Senate Foreign Relations Committee, was to pursue criminal investigation into wrongdoing in the POW/MIA issue. Perhaps that explains the need to fire these men of integrity and honor “for the good of the country.”

As a side note: It’s amazing what a bribe of smoked salmon will get you.....

Saturday Morning, we joined our Vietnamese friends in a protest across from the White House in Lafayette Park. We protested the scheduled meeting between Vietnamese Prime Minister Phan Van Khai and President George Bush at the White House. Vietnamese record of human rights violations and oppression makes their Prime Minister and unfit guest at the White House.

The very values we hold dear, freedom of religion, freedom of press, freedom of speech and freedom of assembly are rights denied in Vietnam. The rights that our servicemen and women died for, for the last 229 years, that are dying for today, are denied in Vietnam. Far from rewarding Vietnam, we should be condemning their oppressive government, represented by Prime Minister Khai.

As for President Bush, his scheduled visit to Vietnam in 2006, sends the wrong message.

To all who made the 2005 Annual Meeting a success, we thank you.

Update from Roger Hall on The CIA Lawsuit – The Freedom Of Information Act (FOIA) law suit against the CIA for documentation on both unreturned and surviving POW/MIAs was filed in May 1998. After five years the case being heard by Judge Paul Friedman was wrongly thrown out of court in November 2003 for noncompliance with the courts order for agreement to pay the CIA for document searches. The case was refilled in U.S. District Court (Case No. 04-0814) in May 2004; a Notice of Appeal, on the matters relating to the case dismissal, was also filed before the U.S. District Court of Appeals (CASE No. 04-5235) in May 2004.

Since May 1998 the first attorney retained in this case resigned in August 2000, not before Judge Friedman revealed that the CIA and the Defense POW/MIA Office both had information on the last known location of a live POW. Attorney's Jim Lesar, and Mark Zaid, both experienced FOIA lawyers, were retained in September 2000. For a lawyer to take over a case takes extensive work. The documentation on briefs in this case take up a full file cabinet draw plus a pile over a foot high.

On May 2005 motions for the U.S. District Court for the continuing case were to be heard before Judge Henry Kennedy. Although a number of Veteran groups were present to observe the proceeding the case was postponed until August 11, 2005 because there was a new U.S. Attorney taking over the case.

This year, On June 21, 2005, one of our attorneys Mark Zaid withdrew from the case. Freedom of Information Act cases require long term commitment, yet lawyers withdraw taking their knowledge and experience in the case with them. We still have one attorney left. Mr. Lesar is 66 years old, in his legal career except for less then a dozen cases, he has specialized almost exclusively in FOIA cases.

On June 21, 2005 Attorney Jim Lesar filed a 40 page brief in the U.S. Court of Appeals. He spent 4 ½ days writing the appeal; this is in addition to his research over the past year. This information is available on our Web site www.powfoia.org.

A friend of Court brief (Brief of Amicus Curaie) was also filed in case. Carol Hrdlicka, wife of POW/MIA Col. David Hrdlicka, filed the brief to inform the court of intended compliance that were not part of the court record.

U.S. Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

Appeal No. 04-5235

Roger Hall, Filed On: Appellant v. Central Intelligence Agency, Appellee

Before: Sentelle, Garland, and Roberts, Circuit Judges

Appeal from the United States District Court for the District of Columbia

in case No. 98cv01319, Paul Friedman, United States District Judge.

Brief of Amicus Curiae Carol Hrdlicka Pro Se In Support of Appelleant

Carol Hrdlicka

Amici Curiae

Statement of Identity and Interest of the Amicus Curiae

I am the wife of Colonel David Hrdlicka, a known Prisoner of War captured in Laos in 1965. Colonel Hrdlicka has been repeatedly reported alive since the United States withdrew from Vietnam and Southeast Asia in March 1973. POW/MIA documents have been wrongfully withheld relevant to David Hrdlicka's survival and the survival of other POW/MIAs in Laos and other countries after the end of the United States involvement in the Vietnam War ending 1973.

ARGUMENT – Laos was the domain of the Central Intelligence Agency (CIA) during the Vietnam War and ran the war in Laos utilizing Department of Defense resources and the CIA contractors (i.e., U.S. Military Assistance Command Vietnam - Special Operations Group (SOG), Air America, Agency For International Development, Etc.). This secret war was managed by the military role of the CIA out of the American Embassy in Vientiane, Laos, under the authority of the U.S. Ambassador. Presidential authority authorized the ambassador to manage and conduct military operations that included U.S. military aircraft and personnel (Report of the SSC).

Plaintiff Roger Hall did meet court requirements on intent to pay for documents sought following Judge Friedman's July 22, 2002 ruling on denial of fee waiver to Roger Hall. Plaintiff Hall delivered a $10,000 check, # 840, dated July 22, 2002, to Mark Zaid made out to the CIA following a conversation of the court requirements for that order. This check may already be a matter of record. On August 13, 2002 attorney Mark Zaid called plaintiff Roger Hall telling him to make the check out to him stating that he [Mr. Zaid] would make out a check to the CIA to determine the documents to be released and the total cost. Mr. Hall delivered the check immediately on August 13, 2002 to Mr. Zaid. Mr. Zaid told plaintiff that he should never pay anyone for documents without knowing what he was getting, the only person to trust was his attorney and to make the check out to him [Mark Zaid]. Hall expressed concern that Judge Friedman wanted the documents paid for and wanted the court to be informed. Mr. Zaid stated he would inform the U.S. Attorney that Plaintiff Hall had paid him the money and intended to pay for the documents. Mr. Zaid stated that was all that needed to be done. A follow-up conversation with Mr. Zaid later that summer confirmed that he spoke to the U.S. Attorney and informed him of Roger Hall's intent to pay.

The documents found by the CIA had been ordered released and reviewed for declassification under Executive Order 12812 (E.O. 12812), and National Security Council Presidential Decision Directive # 8 (PDD 8). Furthermore, these documents were sought by the Senate Select Committee on POW/MIA Affairs (SSC) and were not turned over to that Committee. The CIA arrogantly and defiantly ignores E. O. 12812 and PDD 8. During a court appearance in September 1998 the CIA knowingly attempted to deceive the court stating that all POW/MIA documents had been declassified when in fact 40,000 pages of POW/MIA documents sent to the SSC and transferred to the National Archives were being refused for declassification review by the CIA.

These POW/MIA documents withheld by the CIA are a conflict of interest. First because of the CIA's tasking from the many agencies and departments of government. Second the withholding of these documents is because the CIA has continuously refused to release such documentation in order to prevent embarrassment to the agency and, its employees, and the embarrassment of those from other departments and agencies that worked with the CIA on related matters.

The $10,000 was raised from donations specifically to pay for CIA documents from the CIA as required by the court. From the CIA's writing in later filings to the court they stated Hall never complied with the court order. Hall attempted in every way to comply through his attorney. Judge Friedman's position everyone got the impression that Roger Hall refused to pay for the documents and never intended to pay. The case before Judge Friedman was dismissed because no one informed him of Plaintiff's payment to, conversation with, and instructions to Attorney Mark Zaid, and his reported conversation with the Assistant U.S. Attorney. The documents released and searches have been delayed by the government's shell game of trying to maneuver Mr. Hall out of his FOIA requests in violation of the FOIA and executive orders.

The CIA and U.S. Attorney are playing a shell game denying the existence of POW/MIA documents until we find a way to identify them within the classified hiding areas. An impossible task for a common plaintiff. Documents are withheld and denied to exhaust FOIA requesters time, and resources.

Plaintiff has been denied fee waivers not withstanding a manifest and conclusive showing of an entitlement to such waivers when Mr. Hall has demonstrated by example how they will, and to whom, disseminate and the information.

It would benefit the court and the public good to include this information in its decision making.

SUMMARY – Appellant made every reasonable effort to comply with the court requirements for agreement to pay. Appellant Hall had relayed every "intent to pay" requirements possible under restrictions of a plaintiff not being able to contact the court directly except through his attorney. POW/MIA documentation originated by or under the control of the Central Intelligence Agency on surviving POW/MIAs is still being hidden and withheld in violation of E.O. 12812, PDD 8, and the FOIA.

CONCLUSION – The amici and principal co-plaintiffs would be severely and irreparable damaged absent a reversal and correction of the manifest in justice and profound legal errors associated with the improper dismissal of this case.

We urge you all to support the lawsuit against the CIA. Donations may be sent to the POW/MIA FOIA Litigation Account at P.O. 8044, Silver Spring, MD 20907. For more information contact Roger at 301/587-5055 or email him at rhall8715@aol.com