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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.
I’ll take issue with this bit because I encounter it a lot:
This is actually a very reliable heuristic regarding supposed US government plots in more recent times. The examples you cite regarding the CIA/IC/DoD are the classics in the genre. But the key context to keep in mind is that the Cold War was a very different time, with very different norms and processes. Significant changes for oversight were made in the 1970s and the Overton Window for acceptable behavior shifted a fair bit the last few decades. So when evaluating present claims of a plot you can’t over index on what took place so long ago. (The same dynamic goes for the medical study example you cite; it was a different era and if anything we’ve overcorrected on medical ethics.)
In other words, the half life of cover ups is shorter and the big crazy stuff is just not going to fly. Things like the Bush torture and warrantless wiretapping programs come to mind. Or the cover up around Pat Tillman’s death. Or the shoddy justification for the invasion of Iraq (the IC takes major efforts to avoid repeating the mistake of politically influenced/misused assessments after that). We had multiple broad, sensitive leaks under the Obama administration and the Trump administration was chock full of leaks and tell alls. And investigations of investigations.
If there are public allegations of some plot, then it’s already past the point where the plot, if true, managed to avoid being detected.
Everybody knows how easy it is for a leak or an investigation to happen and intelligence bureaucrats are strongly incentivized to avoid the very appearance of evil, or anything sensational.
The IC is a big place and mistakes and shenanigans happen, but it’s very different from the Wild West days of the earlier part of the Cold War and grand plots and cover ups are very, very hard.
You bring up a good point that I hadn't considered before. It's potentially inappropriate to over index on norms and plots from half a century ago, and that we should instead use more recent cover-ups as the template. That's reasonable, though I'm reluctant to draw too definitive of a conclusion because I don't want to assume that something doesn't exist just because we haven't heard about it.
It’s more about tweaking one’s priors a bit than making any definitive conclusions.
Things we haven’t heard of that at least someone would find controversial certainly exist in the shadows. But the really sensational stuff like QAnon had going is just incredibly unlikely in today’s more politically correct, partisan, and digital US environment.
Though I will say this method won me a good chunk of change with a smart guy willing to put money on the line that Trump was going to expose a number of plots along QAnon and RussiaGate lines.
Or look at this modern plot from Taibbi about some supposed binder of CIA misdeeds about Trump. Why the hell is this binder allowed to exist by the Deep State, or, why wasn’t this dealt with when Trump was in office? In the opening paras of the actual Substack article he says his sources say Trump ordered it declassified at the end of his term. So why didn’t that happen? Why is this breaking news three years later?
The most likely story is Taibbi is listening to dumb people describe things they don’t understand.
Not to completely dismiss your talents but I think the biggest factor that made you money was being lucky enough to find someone willing to put up cash on something so bonkers.
Taibbi has no credibility with me. His reporting on the Twitter Files appears accurate enough but he gets indignant when you point out the obvious conflicts of interest of him tailoring his criticism of Twitter to avoid saying anything bad about its new owner. My conclusion from back then was "Taibbi feels constrained from criticizing Musk because Musk is too valuable a source" and the dude just voluntarily tweets out his text message to Musk admitting this. He exhibits very selective curiosity about the stories he covers, stopping short of what becomes inconvenient to his narrative. If his sources are accurate about the declassification of this surveillance report, why doesn't he just get the report itself instead of bizarrely reporting on the number of inches of the binder it's contained in.
He was a very early member of the rationality community and liked the practice of making bets.
Plus a tendency for conspiratorial thinking.
The election stealing and RussiaGate theories are likely going to be popular for decades, annoyingly. At least classic conspiracy theories weren’t so partisan.
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