NH widow fights 9-11 estate challenge linked to President Bush

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NH widow fights 9-11 estate challenge linked to President Bush

by Tom Flocco


Derry, New Hampshire--September 24, 2004 Posted 5:00 PM--EDT--TomFlocco.com--An attorney employed by a law firm with multiple ties to President Bush met with a 9-11 widow's step-daughter prior to her commencement of an estate takeover attempt which could limit the widow's future legal options as she seeks to hold Mr. Bush and others accountable for failures before and during the actual two-hour period of the attacks.

Ellen M. Mariani, a doggedly determined New Hampshire 9-11 widow, has been engaged in a year-long legal battle to maintain control of her late husband Neil's estate as she considers her future legal options while attempting to seek information, evidence, and accountability related to government failures before and during the September 11 attacks.

Ellen and Neil Mariani on their wedding day in 1998 (used with permission--from the private photo collection of Ellen M. Mariani)

This, in the face of an estateo challenge filed more than a year ago by Mariani's step-daughter Lauren Peters, who met with attorney Daniel Bakinowski in the Boston office of Greenberg Traurig--a Miami-based firm with several close links to both President George W. Bush and his brother, Florida Governor Jeb Bush. A few months later, attorneys from Massachusetts and New Hampshire helped Peters file a legal challenge to take control of the late Louis Neil Mariani's estate.

Greenberg Traurig represented President Bush in the Bush-Gore 2000 Florida election vote recount, a Greenberg attorney personally represents Governor Jeb Bush, Greenberg Traurig hired the son of Supreme Court Justice Antonin Scalia on election day 2000--after which Justice Scalia cast one of the deciding votes which placed Bush in the presidency about seven weeks later, and the Miami-headquartered firm partially funded and sponsored a delegation to Israel of House-Senate Armed Services Committee members and government contractors who witnessed and were briefed on interrogation resistance procedures and torture techniques--according to an Army Major General.

Mariani knows a witness to the encounter who personally met and conversed with Lauren Peters since she was also in Boston's Greenberg Traurig office with Mariani's step-daughter on the same day and recognized Peters.

The woman is also a 9-11 widow and has told several others about the incident in Greenberg's Boston office, after introducing herself to Peters since she recognized a photo of Neil Mariani on a pin Peters was wearing when they met outside Bakinowski?s office.

During a recent deposition under oath, Peters denied knowing Bakinowski but said she may have met someone named Greenberg in Boston but couldn't recall the meeting, according to Mariani, speaking exclusively to TomFlocco.com.

Mariani told us that Greenberg-Traurig attorney Daniel Bakinowski met with her late husband's daughter Lauren Peters in February 2003. However, before that time, Ms. Peters supported Mariani's suit against United Airlines (by law Peters participates in any settlement or judgement).

Since the meeting with Bakinowski, Peters has continued to press for administrative and financial control of Neil Mariani's estate, accusing the New Hampshire widow of incompetence in her capacity as estate administratrix because Mariani refused to accept a financial settlement from the 9-11 Victim Compensation fund.

More Bush-Greenberg relationships

Besides Greenberg Traurig's legal representation of Bush 2000 in the Florida election recount, other Greenberg-Bush relationships include: prominent administrative positions in the Massachusetts 9/11 Fund also involving Bush family banking house Brown Brothers Harriman, Greenberg's Alberto Jose Mora--appointed General Counsel of the Department of the Navy and its Office of Naval Intelligence just 90 days before the attacks, and Greenberg's Bush 2004 "pioneer" fundraiser and Washington lobbyist Jack Abramoff.
One of the lobbyists accompanying the Greenberg-funded congressional and defense contractor delegation to Israel included Jack London, chairman, president and CEO of CACI International Inc., an American defense contractor firm implicated by U.S. Major General Antonio M. Taguba in the torture of Iraqis at Abu Ghraib prison, according to a report leaked by Taguba. (Lebanon Daily Star, 5-11-2004)

The Greenberg firm was fined $77,000 in 1998 for soliciting an illegal foreign political donation from German citizen Thomas Kramer; and Greenberg partner Marvin Rosen, Democratic National Committee (DNC) finance chairman, supervised the activities of convicted fund-raiser and DNC vice-chairman of finance John Huang who had to return half of the more than $3 million raised by Huang in contributions from illegal foreign sources, according to World Net Daily (11-16-2000)

A primary precondition for joining the 9-11 victim compensation fund--a litigation issue--is to waive any and all future legal claims against the government for actions such as allowing the attacks to happen as alleged in Mariani's original Racketeering Influenced Corrupt Organization (RICO) suit against Bush and other administratin officials.

By refusing to enter the fund, Mariani has declined to accept compensation which has thus far averaged $1.6 million in payouts. Virtually all outspoken and media-visible victim family members have opted to accept money from the government as compensation for their loss in return for promising never to sue Mr. Bush and others for their actions on 9-11. Mariani refuses to be paid off by the government.

Ellen Mariani became a student of the September 11 attacks. She spent hours in front of the computer screen in her New Hampshire office where we found her searching for more evidence. The New Hampshire widow speaks throughout the United States and foreign countries about unanswered questions related to 9-11. Mariani is also regularly interviewed on radio and cable television news programs to discuss the actions of the president during the attacks--at the same time victims were jumping to their deaths from the World Trade Center towers. (photo by Tom Flocco)



Mariani said she is seeking an explanation for the president?s strange actions during the actual two-hour period of the attacks--given multiple intelligence warnings, the 1993 World Trade Center attack, and Genoa, Italy G-8 meetings--protected from Arab suicide air attacks by anti-aircraft guns. But the widow is also questioning why there was no military response since air traffic controllers said the first plane was considered hijacked at 8:13 am--33 minutes before it impacted the north tower; and nearly two full hours passed with no air defense before the fourth plane crashed.

"Don't worry....we'll have Mrs. Mariani removed..."

According to Mariani, on February 1, 2003 her step-daughter Lauren Peters attended a private meeting with attorney Daniel Bakinowski in his Boston office of Miami-based Greenberg-Traurig. Special Master Feinberg employs Greenberg-Traurig as one of the firms working with 9-11 families in the administration of their estates, Mariani told TomFlocco.com.

Unbeknownst to Mariani--also around February, 2003 according to the widow--her step-daughter began an attempt to overturn the widow?s court appointed control as administratrix of her late husband?s estate--an arrangement to which Peters had already agreed, even though Mariani had declined substantial compensation in order to sue Mr. Bush, United Airlines, and others.

It is not known why Peters decided to change her stance and contest control of the Mariani estate after meeting with Bakinowski. But Bakinowski accidently told Rebecca J. Rutter--one of Mariani?s attorneys during a phone call: "Don't worry, we?ll go before the New Hampshire courts and have Mrs. Mariani removed as her husband?s estate administrator," the New Hampshire widow told us. Mariani also told TomFlocco.com that two other lawyers had attempted to coerce her into signing to go into the victim fund rather than sue the president.

Questions also remain as to whether any agreements were struck between victim fund Special Master Kenneth Feinberg, the Greenberg firm, other 911-linked firms in Boston and New Hampshire, and Ms. Peters regarding compensation and settlements if she were to assume control of Neil Mariani?s estate--and why so many lawyers closely linked to President Bush offered to assist Peters in removing Mariani.

9-11 family member used as a government tool?

According to Mariani, Mr. Feinberg himself said at the outset of the congressional compensation bill that any individual who takes advantage of a victim?s family member for personal or financial gain will be prosecuted.

Mariani's inclusion of Feinberg as one of the defendants in her original RICO suit asserts that her alleged government criminal enterprise promulgating a cover-up of the facts and events surrounding the attacks is spread throughout many government agencies. Thus Feinberg, government entities and affiliated 9-11 law firms may also have an important stake in seeing to it that the widow?s RICO suit goes away--whatever it takes.

While Peters originally met with Greenberg Traurig lawyers in February 2003, according to a February 6, 2004 public court document, she is represented by Charles R. Capace and Anton Reinert, of Boston?s Zimble & Brettler firm in the wrongful death suit against United Airlines--also known as the consolidated New York City 9-11 airline litigation.

Interestingly, in the April 1, 2004 court document Capace was recognized by Hellerstein as having temporary standing with his client Lauren Peters even though the New Hampshire state court system has not yet ruled on Peters? challenge to Mariani?s control of her husband?s estate.

Hellerstein said in the public court record "If, however, some problems arise, I will have to intervene. I would prefer not to intervene. I would prefer to allow the processes of the New Hampshire court to work themselves out in a proper fashion."

Hellerstein thus raised complex questions and issues involving states? rights and state judicial authority within the context of sovereign state constitutions--but also whether a citizen's rights in one state may be overruled by a district court judge from another state.

Mariani told us "the attempt to remove me from my husband?s estate started after Lauren met with Greenberg?s attorneys representing Kenneth Feinberg in February, 2003. I have no idea what thoughts they put into Lauren?s head or how she may have been influenced by these attorneys regarding her decision to cause this upset. I am fighting for her father?s interests and honor."

"Lauren?s attorneys are claiming that I am incompetent because I am fighting for the truth and suing the president to find out whether he ignored all the warnings," said Mariani, adding "it seems to me that Mr. Bush's lawyers are using my step-daughter as a tool to get back at me since my two lawsuits have influenced other 9-11 families not to enter Mr. Feinberg?s victim fund."

"I feel that Mr. Feinberg also played a major role in complicating my litigation, because I called his fund a ?shut-up and go away fund? from the very beginning. I was the very first family member to initiate 9-11 litigation instead of going into the fund and now it seems as though I am being paid back by those who are manipulating and influencing the administration and control of my husband?s estate--starting with the Greenberg firm which George W. Bush hired to supervise his 2000 vote count," she said.

"I have done nothing to hurt Lauren. We agree that she should share in any compensation or legal settlement according to New Hampshire law; and hopefully, she would also want to know why her father was murdered and whether government officials need to be held accountable if they allowed the attacks to happen," she told us.

The adjacent Mariani and Peters civil actions will be not be affected regarding potential compensation and/or settlements related to the airline litigation since the April 1 court document indicated that both attorneys agreed before Judge Hellerstein that the New York City litigation should proceed.

Mariani told us "I question why Mr. Capace and Mr. Reinert are trying to influence the court to take away my lawful right as the widow of my husband?s estate, especially since Mr. Capace told Judge Hellerstein that Lauren wants the United Airlines suit to move forward."

"I want to know why her new attorneys filed a duplicate wrongful death New York lawsuit with mine unless someone was influencing Lauren to take control of the estate for specific reasons," Mariani told us, adding, "in honor of Neil's memory, I should be the administratrix of the estate since I was his widow and his only legal dependent."



Mariani said questions remain regarding relationships and possible contingent private agreements established when Peters met with Greenberg-Traurig atttorneys, Zimble & Brettler, and New Hampshire?s Wiggin & Nourie--Peters' new in-state attorneys.

George W. and Jeb's friendly firm

Below, additional but more specific relationships are developed, involving Greenberg Traurig?s close ties to George W. Bush and his brother--links which indicate particularly troublesome conflicts of interest meriting more serious examination:

a) Greenberg Traurig lawyer Barry S. Richard represented George W. Bush as his lead Florida attorney in the Bush-Gore 2000 election recount in the Sunshine State. And well into his presidency, Bush still owed the Greenberg firm nearly one million dollars for work done by dozens of lawyers and paralegals--leaving some to question why a Republican candidate would hire a Democratic lawyer from a Democratic firm when the presidency hung in the balance. Greenberg's Richard also represented Bush?s brother, Florida Governor Jeb Bush.

b) On Election Day, November 7, 2000, U.S. Supreme Court Justice Antonin Scalia?s son John Scalia accepted a position with Greenberg-Traurig; and on November 8--the day after the election, Greenberg Traurig partner Barry Richard said he was called about representing George W. Bush in the Florida presidential recount which ultimately led to the 5-4 Supreme Court vote placing Bush in the presidency. The timing of these actions raises significant questions about inner machinations between Bush-Cheney 2000 and Greenberg Traurig--if not the Supreme Court itself.



c) Greenberg-Traurig attorney Eric MacLeish chairs the board of the Massachusetts 9/11 Fund to benefit 170+ families in the state who lost loved ones in the attacks, while also offering free financial planning assistance and free legal services in estate administration and other related areas. Greenberg lawyers Dan Bakinowski and Erin Odonnell assist MacLeish with 9-11 legal services; and Bush family banking house Brown Brothers Harriman investment account manager Page deGregorio handles all Mass911 fund donations.

Mariani's estate challenge occurred after her step-daughter had what seems on the surface as a victim fund financial meeting; but given the Bush links and the ensuing estate action, the situation is woefully lacking a serious and complete probe by Mariani's legal team. That fact in and of itself elicits problematical consternation.

d) Three months before the September 11 attacks, Alberto Jose Mora--of counsel to the Washington, DC office of Greenberg Traurig--was appointed by President Bush to be the General Counsel of the Department of the Navy. The position also places Mora with the responsibility of legal oversight for the elite Office of Naval Intelligence which assumed a joint intelligence role with the CIA and FBI prior to the September 11 attacks.

e) Raquel A. Rodriguez, another Greenberg Traurig attorney, represents Florida Governor Jeb Bush as his personal general counsel.

f) Jack Abramoff, Washington lobbyist for the Greenberg Traurig firm, raised $100,000 in bundled $2,000 dollar individual contributions for this year?s Bush-Cheney 2004 election campaign, raising him to the elite status of Bush "Pioneer" fundraiser.

g) Greenberg Traurig partially financed a congressional-defense contractor delegation trip to Israel (Major General Taguba links defense contractor CACI International to prison torture techniques) with top U.S. House and Senate Armed Services Committee members which raised unanswered questions regarding whether legislators exchanged prison "interrogation training" (known to insiders as "R 2 I," short for resistance to interrogation) for the awarding of Homeland Security contracts to Israel. Legislators' names were not revealed.

The Lebanon Daily Star reported that Batya Feldman of Israel's Globes financial news service said the delegation's visit provided Israeli companies with "an excellent opportunity to encounter big bucks in homeland security," which also included seminars given by U.S. lobbyists called "How to Approach the Homeland Security Department," and "How to Sell to the U.S. Defense Department.

It was not revealed whether Greenberg lobbyist/Bush Pioneer Jack Abramoff or other Greenberg lobbyists participated in the seminars which taught Israelis how to pry loose the tens of billions of U.S. taxpayer dollars in military spending from the unnamed American legislators.

The Lebanon newspaper reported that CACI's CEO Jack London and the House/Senate Armed Services members visited Beit Horon, "the central training camp for the anti-terrorist forces of the Israeli police and the border police," in the occupied West Bank, adding that the visitors were also "briefed by top experts," and were able to "witness exercises related to anti-terror warfare."

Fighting the good fight



New Hampshire widow Ellen Mariani said she is a fighter who will never give up until she finds out the truth concerning the circumstances of her murdered husband's death. (used with permission--from the private photo collection of Ellen Mariani)

When told about the litany of conflicts of interest, behind-the-scenes legal maneuverings, Greenberg Traurig's close ties to President Bush, reported foreign election contribution illegalities, and questionable financial support for alleged prison torture training--all allegedly and reportedly linked to the firm that Mr. Bush's appointed 9-11 Special Master Kenneth Feinberg employed to meet with her step-daughter--the New Hampshire widow was prompted to comment about her current legal situation:

"I expect New Hampshire to fulfill its responsibilities regarding my due process as a state citizen and allow me to fulfill my duties as administratrix of my murdered husband?s estate, as previously agreed to by my step-daughter in the New Hampshire courts."

"There was no step-daughter sitting there with me during those first two hearings while I watched Judge Hellerstein take away Lauren?s and my rights as private citizens by blocking on behalf of the government our joint legitimate claim to obtain relevant evidence and information which would help solve Neil?s wrongful death suit," she said, adding "Why didn?t her father?s death matter then as much as it does now?"

"I am now required to defend myself and my lawful role in the administration of my late husband?s estate here in New Hampshire, even though I am not the murderer and I never allowed the attacks to happen," said the New Hampshire widow, adding, "I depended on Neil's income, but now I have to live on just my social security check."