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Notes -
Conspiracy Investigation Done Right
In 1996, TWA Flight 800 exploded and crashed into the ocean off the coast of Long Island, killing all 230 people on board. After an extensive four-year investigation, the NTSB concluded the explosion was caused by a short circuit ignition within the center fuel tank. Or at least that's the official story.
Now normally when you encounter a disclaiming phrase like that it tends to be a klaxon warning to strap in because you're about to hear some crazy shit about what really happened. I'm not going to argue for some crazy shit though, instead I want to showcase a real-life illustration on how to properly investigate and litigate what otherwise would be dismissed and derided as some crazy shit.
Someone (thanks Jim!) brought to my attention this pending lawsuit that aims to challenge the TWA 800 official narrative.[1] The basic summary you need to know is that, in contrast to the official story, the "alternative" narrative claims the airplane was hit by an SM-2 surface-to-air missile launched by the United States government during a weapons testing exercise. You can read the 38-page lawsuit complaint yourself where they allege:
And humorously enough:
TO BE CLEAR: I find the overall claim to be extremely implausible based on Bayesian reasoning I'll get to later, but the focus here is less about delving into the specific allegations[2] and more about showcasing how one should go about uncovering a criminal conspiracy that otherwise sounds kooky on its face.
As far as I can tell, the law firm involved has a reputation for serious lawyers doing serious work. The complaint they filed directly addresses many procedural issues that would normally be a hindrance for these types of claims. For example, the major hurdle would be the statute of limitations given that the explosion took place in 1996 but the lawyers cite the fraudulent concealment exception based on some FOIA foot-dragging:
The legal system relies on attorneys as an (imperfect) screening mechanism to separate valid claims from the torrential garbage. Before an attorney can rouse a court into examining a claim, Rule 11 requires them to affirm that the attorney has made reasonable efforts to investigate it themselves to make sure they're not just re-shoveling whatever bullshit their client dropped on their lap. The lawsuit offers specific allegations about which government agencies were involved in the cover-up, when the cover-up took place, and how it took place. A sample:
They even pontificate on what might have prompted a rush towards testing live warheads over a populated area:
And they managed to track down evidence of missile testing right around the time and place of interest:
I've only picked a sample, there's a lot more details in the complaint. In contrast to the persistent and arguably intentional vagueness found in many disdained conspiracy theories, I'm genuinely impressed by how comprehensive the lawsuit's claims are regarding who/how/why. They explain exactly which organizations are involved in the cover-up and the evidence behind that belief, which missile system brought the plane down and the evidence behind that, specific reasons for why live warhead testing took place in a busy air traffic corridor, and explanations for why it took so long to uncover all this.
If (again, arguendo) TWA Flight 800 was indeed brought down by reckless missile testing involving a live warhead and this was covered-up by the government, then the way this lawsuit is conducted is the best opportunity for legal redress. The legal system has serious and persistent deficiencies with its inability to offer all petitioners the relief they're owed, but certain rules and expectations it has developed over time are worthy of replication.
As a foil, the strengths of how the TWA 800 complaints are presented become more obvious when it's contrasted against another lawsuit whose deficiencies resulted in Rule 11 sanctions for the lawyers that filed it. In 2020, two Colorado attorneys filed a class action lawsuit on behalf of all registered voters in the country, and sought $160 billion in punitive damages, alleging the election was stolen from Trump.[3] Their 84-page complaint (plus a dozen affidavits) alleges that a wide roster of defendants (Dominion, Facebook, various state governors, and "1 to 10,000" as-of-yet unidentified co-conspirators) engaged in unspecified-but-definitely illegal conduct. For example, here's what one of the supporting affidavits claimed:
Contrast this "research and contemplation" with the straightforward allegation of "The Navy and various defense contractors caused an airline explosion by deciding to test live warheads in a highly-populated area". The magistrate who ordered sanctions against the Colorado attorneys noted their conspicuous aversion to investigation:
Pro-tip: don't decide to file a lawsuit after listening to a podcast.
Back to the TWA 800 case, the central claim involving the US accidentally shooting down a passenger airline isn't impossible because it happened once in 1988 with Iran Air Flight 655, killing all 290 people on board. What's least plausible of all with TWA 800 is how the military, the defense contractors, and the law enforcement agencies involved managed a successful cover-up over so many people over such a long period of time.
There's an oft-utilized but facile heuristic that claims that if there was a cover-up, then someone would've leaked it, and so therefore no leak = no cover-up. This is unreliable because there plenty of government cover-ups that were successful, at least for a while. The Tuskegee Syphilis study went on for 40 years until an AP story in 1972. Operation Mockingbird, MKUltra, and COINTELPRO all took place in the 1950s but weren't exposed until the 1970s. Project SUNSHINE which involved collecting body parts from dead children to study radioactive fallout started in 1953, didn't become publicly known until 1956, and the full extent wasn't fully exposed until the 1990s.
However, the common elements with these schemes is that they all involved either a small number of conspirators, or had victims that no one really gave a shit about. None of this is reflected in Flight 800, its 230 dead, and the multiple entities implicated.
The incentive behind the cover-up doesn't make much sense either, because anyone helping with the cover-up has no way of knowing ahead of time whether it will remain under wraps, especially if perpetual silence relies on the cooperation of hundreds or thousands of people. You only need one leak and if the whole thing blows open, no one wants to be left holding the proverbial gun while everyone is pointing fingers at each other. Anyone at the decision fulcrum faces an obvious pay-off from defection that needs a serious countervailing cooperation pay-off to convince them into shouldering that level of culpability.
The lawsuit allegations also rely heavily on eyewitness testimony (though with some video corroboration), which is particularly unreliable and prone to suggestion when it involves widely publicized events like an airline crash. Lay witnesses who lack the appropriate specialized training and background are vulnerable to misinterpreting what they see or hear.
Implausible is still not the same as impossible, and crazier shit has happened before. If there's any validity to these wild claims at all, this lawsuit tees up a stellar attempt at uncovering the truth.
[1] I've long had an aversion to describing anything as a 'conspiracy theory' because it's often wielded as a discussion-terminating cudgel. Once the label is affixed, the very notion of scrutinizing, investigating, or grappling with the underlying claims is dismissed as a waste of time.
[2] The Flight 800 Wikipedia page has lots more of the technical details if you're so inclined.
[3] The two lawyers, Gary Fielder and Ernest Walker, were acting on their own and had no connection to Donald Trump or his campaign.
One of the interesting things about MKULTRA is that it was revealed because a small cache of documents survived a document destruction order by the Director of the CIA. It seems to me we can logically infer the possibility (perhaps even the probability) of similarly audacious programs that have been successfully concealed simply because the relevant documents were successfully destroyed.
I agree with your point that government cover-ups can work, and obviously if some can work for some time it implies some can work permanently, or at least still can be working today. But I also think that leaks, frankly, are not that as damaging to the integrity of a cover-up as one might believe.
The problem is that from the outside leaks just look like random baseless rumor. There is a process for laundering such leaks or rumors into consensus reality, often quite literally via the New York Times. The reason Watergate became a scandal was because the leaker respected the process and got the Times on his side. Amusingly, this is also the exact same reason that everyone is talking about UFOs right now: a small group of media-savvy people made a coordinated effort to get it into the Times. I was aware of the "Tic-Tac" incident long before the Times published it (partially via personal connections that alerted me when it "leaked" all the way into a niche publication) but it was not taken seriously by e.g. Congress until it was laundered into mainstream respectability.
You can sort-of map this on to MeToo. My hazy recollection at least was that part of the premise or background of the movement was that there were a number of predatory people, who were known to be predatory (this certainly, at a minimum, seems to be the case for Harvey Weinstein). It was quite literally an open secret that the guy was engaging in harassment at best and outright rape at worst. But until the open secret was laundered into a mainstream narrative Weinstein went unpunished. I am of course fingering the Times as the standard-bearer of this narrative, but I imagine many similar dramas have played out on smaller scales, even within a family.
Another conspiracy I am curious about is the drug-running out of Afghanistan. Rumors have reached me, both online and in-person, that US military aircraft were used to move large amounts of drugs out of Afghanistan during our occupation of the country. (Similar rumors sprung up and were even published regarding the Vietnam war.) I don't know if these rumors are true (I guess I'll believe them when I read them in the Times) but I frankly would be a bit surprised if anyone in the Times was aware of them, and very surprised if they were investigating such a story, even though I imagine they would concede it was possible. I am not sure I can exactly articulate why, but I think everyone has a sense of what I am saying. Somehow it doesn't seem like the sort of thing that should come out now. Perhaps in 20 years, when it will be long too late to change anything that happened.
Which is part of what makes the timing of this lawsuit interesting. It's based on FOIA documents that were extracted from the bowels of the bureaucracy after a few decades. If the allegations are true (and I am not arguing that they are or aren't, I haven't even read the complaint) it seems like a very plausible outcome is a settlement and no jail time for people who negligently killed hundreds of people at random. But then again, that's exactly what happened on Iran Air 655: a settlement was paid, and nobody was disciplined, despite the fact that the missile was fired under verifiably faulty pretenses (I don't think there was a conspiracy here, just a very, very big mistake).
This is a little meandering, so let me come to a point. I think people believe that if there's a "leak," if a single person talks, then somehow magically the truth will out and we'll all read about it in the papers tomorrow. But that's not how these things work. I think it's something like a preference cascade, where the problem isn't what is true and what isn't. Rather, it is a coordination problem. And if the people in charge of the covert endeavor (whether it's Harvey Weinstein and his PR/legal team, or "the CIA," or the people in charge of ensuring that my medical and legal records remain confidential, or what have you) are better at coordinating than the leakers, the leakers can "leak" all they want, but it won't make its way into the collective consciousness whether that's of a single family or an entire nation. Or sometimes, even if it does make its way into the collective consciousness, it can be too awkward to openly acknowledge. You see this at the level of a family or community, but I think sometimes it happens at the national one as well.
I'd propose that when evaluating the plausibly of keeping something secret, then, we shouldn't evaluate the odds of one person blabbing. Rather, we should evaluate the coordination problem at play, and the incentive structures involved. I think that viewing things through this lens has some good explanatory power as to why some covert endeavors fail, some succeed, and many come out several decades later. After many years, the power balance in coordination shifts. Criminal underlings have less of a desire to protect their pals long after the statutes of limitations have expired; victims of abusers accumulate in number, grow in power, and begin to coordinate effectively; people in office lose their allies due to chance and time.
Yes you bring up many excellent points. I did not intend to imply that exposing conspiracies is as simple as one person babbling, it depends on a lot more factors than just that.
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