expressions of religious faith in inaugural proceedings. Finally, Rev. Graham's prayer was private speech and therefore cannot be considered to be state-sponsorship of religion. II.  STATEMENT OF UNDISPUTED FACTS
1.   A representative of the Presidential Inaugural Committee invited the Reverend Billy Graham to deliver the invocation at President-elect Bush's swearing-in ceremony. Declaration of Reverend Franklin Graham at 1 2 [hereafter "Graham declaration"] filed in support of the motion as Exhibit A.
2.   Due to his health. Reverend Graham was unable to attend the inauguration on January 20, 2001 so his son. Reverend Franklin Graham, appeared in his place.  Graham declaration, HH 1, 2.
3.   The inauguration commenced at approximately 11:47 a.m.. 147 Cong. Rec. S421-05, a copy of which is attached as Exhibit B.
4.   Reverend Graham delivered the invocation before President-elect Bush was sworn in. Exhibit B; Complaint, HH 10-11.
5.   The Invocation referred to Jesus Christ.  Complaint, H 15; Attachment to Exhibit A.
6.   Reverend Graham exercised total control over the content of the prayer.  Graham declaration If 3.1
1  Reverend Graham's Invocation was private speech not implicating the Establishment Clause since no government entity exercised any control over the content of his message. Adier v. Duval County School Board, 250 F.3d 1330, 1337 (11th Cir. 2001) (No. 01-287) (pet.Lt.ioj3 for cert. filed, 70 USLW 3147 (Aug. 8, 2001) (distinguishing the school policy allowing student-led prayer at graduation that was found to be unconstitutional in Santa Fe v. .Independent School District v. Doe, 530 U.S. 290 (2000) because the school board in Adier did not (continued)