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WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART THREE (OF TEN)

In Bureaucracy, History, Law, Law Enforcement on June 7, 2013 at 12:03 am

Eight years after the death of Arnold Schuster in 1952, the lack of a witness security program cost the life of James V. Delmont, a member of the Stefano Magaddino Mafia Family of Buffalo, New York.  After slipping from underworld grace, Delmont went on the run for his life.

On June 25, 1959, he appeared at the Miami field office of the FBI, offering a rare trade: Mafia secrets for any intelligence the Bureau had on his pursuers.  But the FBI didn’t know what to do with its would-be informant.  One agent advised Delmont to re-enter the Mafia as an FBI plant.  Delmont angrily rejected that idea, and again took flight.

On May 25, 1960, he made a similar offer to agents of the FBI’s Los Angeles office.  They wrote him off as a crank.

Ten days later, Delmont’s body, bearing the marks of a classic Mafia execution (several bullets fired directly into the back of the head), turned up in a field in East Los Angeles.  The Intelligence Division of the Los Angeles Police Department conducted a vigorous probe into the slaying, but couldn’t positively identify Delmont’s killers.

Commenting on the significance of the Delmont case, LAPD Sergeant Peter N. Bagoye, an expert on organized crime, noted: “If any police officer still doubts the existence and power of the Mafia, the Cosa Nostra, or whatever you want to call it, just let him read this case.

“This man Delmont spent a year and traveled thousands of miles to escape the vengeance of the Mafia.  He left a trail of letters and conversations behind-the first known case in which there is any existing blueprint of how the Syndicate works.”

In 1961, after Robert F. Kennedy became Attorney General, the Justice Department mounted the first effective campaign in its history against organized crime.  As part of this effort, the agency began wrestling for the first time with the complex difficulties of creating a protection program for organized crime witnesses.

Robert F. Kennedy

By September, 1963, Kennedy—appearing as a witness during Senate hearings on organized crime and narcotics trafficing—could  cite a number of successes by federal lawmen in safeguarding witnesses.

“How long,” asked Maine Senator Edmund S. Muskie, “can the Justice Department protect people who agree to testify?”

“We have taken steps, Senator, to even move people out of the country,” answered Kennedy.  “We have provided them with positions and work in other cities where nobody will really have any contact with them.  We have arranged to move their families and have their names changed.

“I think we have procedures now where, if an important individual comes forward and is willing to testify, we can give him that kind of protection.”

Such an individual proved to be Joseph Valachi, an aging Cosa Nostra hitman and narcotics trafficker.  In 1962, Valachi was an inmate at Atlanta Federal Prison, serving two concurrent sentences totaling thirty-five years for narcotics trafficking.  His cellmate was Vito Genovese, then the most powerful Mafia boss in the country.

Vito Genovese

Genovese had been convicted of narcotics conspiracy in 1959 and sentenced to fifteen years’ imprisonment.  Now he began suspecting—wrongly—that Valachi was an informer.  The reason: After Valachi’s second trial for narcotics trafficking, he had been repeatedly interviewed—against his will—by federal narcotics agents.

One night, in a scene right out of a B-grade Mafia movie, Genovese summoned Valachi to his cell for a private talk.

“You know,” said Genovese, “we take a barrel of apples.  And in this barrel of apples, there might be a bad apple.  Well, this apple has to be removed.  And if it ain’t removed, it would hurt the rest of the apples.”  Then he gave Valachi the fabled “kiss of death,” signifying that he was now marked for murder.

Valachi survived what he believed were attempts to poison his food and lure him alone into a shower where he could be stabbed to death.   But he knew his luck could not last forever.  He decided to take at least one of his enemies with him.

On June 22, 1963, he beat another inmate to death with an iron pipe.  Only later did he learn that he had killed the wrong man: John Joseph Saupp, a forger without ties to the mob.  It had been Saupp’s bad luck to bear a striking resemblance to another prisoner whom Valachi believed had the contract to kill him.

Valachi grew depressed over having killed the wrong man.  He also knew he couldn’t spend the rest of his life in solitary confinement.  Desperate, he offered himself as an informant to Robert Morgenthau, the New York U.S. Attorney.  Morgenthau, in turn, put him in contact with agents of the Federal Bureau of Narcotics.

The agents quickly transferred Valachi from Atlanta Federal Prison to the first of a series of military bases.  But the sessions between him and the agents went badly.  He still blamed them for his imprisonment in 1960.  And he believed they had deliberately created a rift between him and Geno

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART TWO (OF TEN)

In History, Law, Law Enforcement on June 5, 2013 at 12:00 am

The testimony of Abe “Kid Twist” Reles’ propelled seven Mafia assassins or lieutenants into the electric chair—a feat never before or since equaled.  Among these was Louis “Lepke” Buchalter, whose execution, in 1944, makes him to date the only mob boss to suffer the fullest penalty of the law.

Reles’ career as a witness earned him the hatred of mobsters throughout the nation.  The Mafia put out a $100,000 contract on him and hoped that one of its hitmen proved lucky or skillful enough to collect on it.  But no hitman ever tried, for Reles was too carefully guarded, and the mobsters knew it.

When he wasn’t testifying in court, Reles was quartered in a secured room on the sixth floor of the Half Moon Hotel on Coney Island.  There he dined on thick steaks and cold beers and listened to ballgames on the radio.  Eighteen officers of the NYPD, working in three, eight-hour, six-man shifts, protected him at all times.

Despite these precautions, the witnessing career of Abe “Kid Twist” Reles ended abruptly on November 12, 1941.  Sometime around dawn, Reles “fell” to his death from one of the windows of his sixth-floor room.

Abe Reles in death

The sudden death of the prosecution’s star witness scandalized the NYPD.  Local newspapers questioned the integrity of the officers on the Reles security detail.  Both the police and the Brooklyn District Attorney’s office launched investigations to learn whether Reles had died as the result of an accident—or  murder.

But the NYPD quickly moved to protect itself from blame.  Its final report shifted blame for Reles’ death from his bodyguards to the victim himself.  According to this version: Reles, a “notorious” practical joker, had tied two bedsheets together and slipped out of his window to play a trick on his guards.

He intended to enter a vacant room, just below his own, and then walk back upstairs to surprise his protectors.  Unfortunately, his makeshift rope snapped, and he plunged to his death forty-two feet below.

Two bedsheets, knotted together, were in fact discovered near Reles’ corpse.  That seemed to support the police theory of the rope-ladder escape attempt.  But the police could not explain why Reles had landed twenty feet from the wall.

More than twenty years later, Joseph Valachi, an aging Mafia hitman, became the Justice Department’s own version of Abe Reles.  Before dying—of a heart attack—Valachi offered his own view on what had happened to Reles: “I never met anybody yet who thought Reles went out that window on purpose.”

The next important organized crime witnesses to die while under “protective custody” by local police was Peter La Tempa, a cigar store salesman with rackets connections.

His testimony could have supported that of another witness, Ernest “The Hawk”  Rupollo.   Rupollo’s  testimony  linked  Vito Genovese, one of the nation’s most-feared Mafia bosses, with the murder of a Genovese henchman, Ferdinand Boccia, in 1934.

But La Tempa never got the chance to testify.  On January 15, 1945, he swallowed what he thought were pain-killers for his gallstones.  A New York toxicologist later reported there was enough poison in La Tempa’s bloodstream “to kill eight horses.”  At the time of his death, he was being held under police guard in a Brooklyn jail cell.

The circumstances behind La Tempa’s murder were never satisfactorily explained.  The police claimed they couldn’t determine how poison pills had been substituted for the victim’s regular medication.  Nor was anyone ever indicted—exactly the scenario that had followed the equally mysterious death of Abe Reles.

With La Tempa dead, the testimony of Ernest Rupollo could not be corroborated.  The Brooklyn District Attorney’s office dropped the murder charge it had leveled against him to compel his testimony.  Prosecutors declared him a free man, but the Mafia declared him a hunted one.

For eighteen years, Rupollo somehow eluded his pursuers.  Finally, on August 17, 1964, his bullet-riddled body, weighted with chains and concrete blocks, washed ashore in New York.  Four Mafia figures were later fried for the murder, but were acquitted.

Yet another witness to come forward—and die for it—was Arnold Schuster, a shoe salesman. One night in early 1952, he spotted Willie “The Actor” Sutton, a notorious bank robber, on the New York subway.  Schuster tipped off police, who arrested Sutton.

For several days, the mild-mannered Schuster became a minor celebrity.  Then he became a dead one: on March 8, 1952, two gunmen shot him down on the street.

The murder baffled police; Sutton was known as a loner without ties to killers or organized crime.

More than ten years later, the truth finally emerged.  According to Joseph Valachi, the man responsible for Arnold Schuster’s murder was Albert Anastasia, the former boss of Murder, Inc.

Only the untimely death of Abe Reles had prevented Anastasia’s own in the electric chair.  In 1952, he was still one of the most-feared Mafia chieftains in the nation.

Albert Anastasia

Anastasia had seen Schuster being interviewed on television and had flown into a rage.  “I hate squealers!” he had screamed to three of his executioners who were in the room at the time.  “Hit that guy!”

As Valachi saw it, the killing of Arnold Schuster was simply Anastasia’s way of doing a favor for a fellow criminal, even though he had never met Sutton.

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

WITNESS-SECURITY: A BLOODSTAINED HISTORY: PART ONE (OF TEN)

In History, Law, Law Enforcement on June 4, 2013 at 12:03 am

Witness-protection has a long and bloodstained history–with the blood belonging to early witnesses against the Mafia.

Fortunately, that has since changed.  Today the Witness Security Program, operated by the U.S. Marshals Service for the Justice Department, is the world’s most sophisticated and effective means of protecting organized crime witnesses.

But before there was the Program (otherwise known as WITSEC), witness-security was provided by local police departments.

Abe “Kid Twist” Reles became the first important mobster to betray the secrets of the Mafia—and the first to die for doing so.

Abe Reles

Since his first arrest at sixteen in 1924, Reles had been in almost constant trouble with the law.  His police record listed forty-two arrests, including six for murder.  He had been sent to prison six times.

What his police record failed to disclose was that, for the last ten years, he had been a highly-paid assassin for Murder, Inc., the execution squad of the New York Mafia.

Then, in early 1940, Reles and two of his fellow killers were arrested and indicted for the 1936 gangland slaying of Alex “Red” Alpert.  Now facing almost certain conviction and death in the electric chair, Reles decided to cut a life-saving deal, even if it came at the Mafia’s expense.

On March 31, 1940, more than forty days after his arrest, Reles sent his wife to the office of Brooklyn District Attorney William O’Dwyer.  Her message: “My husband wants an interview with the law.”

The politically-ambitions O’Dwyer ordered Reles’ immediate release from his cell in the Tombs in Manhattan.  Guards then rushed the killer to the office of the district attorney.

There Reles demanded a private interview with O’Dwyer to propose a nonnegotiable deal: he would tell the prosecutors everything they wanted to know about the Mafia.  More importantly, he agreed to testify in court against his fellow mobsters.

In exchange, he demanded the immediate dropping of all charges against him.  He also insisted on immunity from prosecution on the basis of any testimony that he or anyone else might give.  Finally, once his career as a witnesses ended, he must be granted his complete freedom.

O’Dwyer quickly agreed to these conditions.  Then he ordered that his new prize witness be placed under heavy, constant police guard.

Abe Reles opened his confessions with the details of 50 gangland murders.  His photographic memory cited the names of the victims—and their killers.  He also remembered the names of those who had ordered the killings.  And he supplied names of others who could corroborate his testimony.

Altogether, Reles’ first  gush of testimony lasted 12 days and filled 25 stenographic notebooks.

For the first time, prosecutors learned how the Mafia had turned murder into a lucrative, smoothly-operating business.

In 1930, the chiefs of the five most powerful Mafia “families” in New York had created an execution squad to enforce underworld discipline. Its targets were informers and rival mobsters.

Commanding this squad were the dreaded labor racketeers Albert “The Lord High Executioner” Anastasia and Louis “Lepke” Buchalter.

For ten years, the squad’s killers roamed the nation, carrying out perhaps as many as 9,000 executions.  Police were baffled; there didn’t seem any motive for the killings.  The victims lacked any known ties to their killers, and the assassins usually lived far from the scenes of their carnage.

“Lepke” Buchalter not only turned murder into a business, he adopted business terms to serve as an underworld code.  An assignment to murder was a “contract”; a “hit” was the actual murder; and the “bum” or “mark” was the victim.

Each killer was known as a “hitman,” and earned $1,000 to $5,000 per hit.  The amount depended on the status of the victim and the risks involved in his execution.

The killers drew on their own expense accounts and coverage by generous injury insurance and family-care funds.  In the rare event of their arrest, highly-paid attorneys rushed to their defense.  And they could count on their fellow assassins to remove any troublesome prosecution witnesses.

The Mafia not only had its own execution squad; it also ran a “hideout network” for mobsters on the run from the law.  Such fugitives could quickly obtain jobs—and even new identities—through organized crime groups in other cities or states.

If necessary, they could go permanently underground as “legitimate” employees of mob-owned unions or businesses.  As a result, organized crime boasted a “new identities” program vastly superior to anything existing for organized crime witnesses until 1967.

Copyright@1984 Taking Cover: Inside the Witness Security Program, by Steffen White and Richard St. Germain

“MAN ON FIRE” REVISITED

In Bureaucracy, History, Law Enforcement, Politics on May 31, 2013 at 8:21 pm

Yanira Maldonado has been released from a Mexican jail.

She and her husband, Gary, had traveled from Arizona to Mexico to attend a funeral.

They were returning to Arizona when their bus was stopped and searched.  Mexican soldiers claimed they found 12 pounds of marijuana under her seat.

Gary Maldonado believes the soldiers were seeking a bribe in return for letting his wife go free.

But then the Mormon mother of seven got an unusually lucky break.

On May 30, security camera footage in court showed Maldonado and her husband boarding a bus in Mexico–and carrying a purse, two blankets and two bottles of water.

Her defense attorney, Francisco Benitez, argued that the images proved that nothing they were carrying could hold the amount of marijuana that Maldonado was accused of smuggling.

The Mexican soldiers who arrested Maldonado didn’t appear in court. They were scheduled to appear on May 29  but didn’t show.

Yanira Maldonado said she didn’t think that she was directly targeted: “Someone smuggled those in there, and I probably sat in the wrong seat.”

To anyone who has seen “Man on Fire,” the 2004 Denzel Washington movie, the possibility that Maldonado was framed in an extortion attempt does not seem far-fetched.

In fact, it’s an everyday occurrence in Mexico, where corruption permeates every aspect of that country’s “war on drugs.”

In “Man on Fire,” Washington plays Marcus Creasy, a former Special Forces soldier hired to bodyguard Pita Ramos, the precocious nine-year-old daughter of wealthy parents.

But in a shootout with kidnappers, Creasy is gravely wounded and Pita (Dakota Fanning) is snatched.  Believing her murdered, Creasy sets out to avenge the child he has grown to love as his own.

He draws up a Who’s Who list of criminals engaged in serial kidnapping.  And, in doing so, he learns that the biggest criminal gang of all is the Mexican police.

It’s called “La Hermandad” (The Brotherhood).

Creasy snatches a corrupt cop and tortures him (by cutting off several fingers) into giving up the names of some of his top associates.  Then Creasy shoots him in the head and moves on to his next target.

Watching all this activity is the Mexican version of the FBI: The Agencia Federal de Investigacion (AFI).  Its director, Miguel Manzano, plans to use Creasy to unravel the kidnappers’ network.

While Creasy coolly disposes of one kidnapper or corrupt cop after another, Manzano and his agents keep close tabs on the action.  They will let Creasy do the dirty work and move in when the time is right.

After several grisly action sequences–including one where Creasy ambushes police with a Rocket Propelled Grenade (RPG) launcher–Creasy learns the unthinkable: Pita is actually alive.

He kidnaps the brother of the leader of “La Hermandad”–Daniel Sanchez–and offers him a trade: You give me Pita and I’ll give you your brother.

Just as he has brutally traded on the love of others for the lives of their snatched relatives, so, too, must Sanchez now accept such an arrangement.

The trade-off goes down, with Pita rushing into the arms of her overjoyed mother, and with Creasy surrendering himself to members of the Agencia Federal de Investigacion.

Daniel Sánchez is later killed by Miguel Manzano during an AFI raid.

“Man on Fire” is an unrelentingly brutal portrait of a thoroughly corrupt nation.

  • Pita’s Mexican father sets up his own daughter for a bogus kidnapping to cheat the insurance company out of the money it’s prepared to pay for “kidnapping insurance.”
  • His attorney cheats the kidnappers of the ransome money they had demanded, intending to keep this for himself.
  • Two Mexican policemen make up the kidnapping gang that snatches Pita.
  • A member of the Mexican Attorney General’s office–who’s assigned to its anti-kidnapping squad, no less–is in on the plot to seize Pita.
  • Other members of the Mexican police routinely assist kidnapping gangs in return for a portion of the ransom money.
  • Even the Agencia Federal de Investigacion, while portrayed as incorruptable, llows Creasy to eliminate cops and kidnappers as he leads the AFI closer to the head of the criminal network.

One of the few moments of levity–no doubt unintended–in an otherwise humorless movie comes at the start of its end-credits: “A SPECIAL THANKS TO MEXICO CITY, A VERY SPECIAL PLACE.”

“I love Mexico,” Maldonado told reporters after safely arriving in Nogales, Ariz.  “My family is still there. So Mexico… it’s not Mexico’s fault. It’s a few people who you know did this to me,” she said.

Perhaps a more accurate analysis of the conditions prevailing in Mexico was given by William von Raab, the U.S. Commissioner of Customs from 1981 to 1989.

In 1986, testifying before a Senate committee on the extent of narcotics corruption in Mexico, Raab said: “There is an ingrained corruption in the Mexican law-enforcement establishment.

“Corruption is so pervasive, that one has to assume every Mexican official is corrupt unless proven otherwise.”

Raab’s assessment should be required reading for every American planning to vacation “down Mexico way.”

MEXICO: A FAILED NATION-STATE

In Bureaucracy, History, Law Enforcement, Politics on May 29, 2013 at 5:27 pm

In Nogales, Mexico, a judge is deciding whether to free an Arizona woman–accused of drug smuggling–from a Mexican jail.

On May 22, Mexican soldiers arrested Yanira Maldonado–mother of seven–as she and her husband, Gary, were returning to Arizona after attending a family funeral in Mexico.

During a search of their bus at a military checkpoint in the northwestern state of Sonora, soldiers asked everyone to get off.

At first, Gary Maldonado was told that marijuana had been found under his seat and found himself arrested.   After his father contacted the U.S. Consulate in Hermosillo, authorities said they were mistaken and released Gary.

Then they charged his wife, claiming they had found 12 pounds of marijuana under her bus seat.

Gary Maldonado said he believes Mexican soldiers at the checkpoint wanted a bribe.

It’s entirely likely that this is the case.

Anyone who reads Murder City: Ciudad Juarez and the Global Economy’s New Killing Fields, will certainly think so.

Written by Investigative Reporter Charles Bowden and published in 2010, Murder City provides a terrifying–and almost lethally depressing–view of what happens when a city–and a country–disintegrates.

Ciudad Juárez lies just across the Rio Grande from El Paso, Texas. A once-thriving border town, it now resembles a failed state. Notorious as the place where women disappear, its murder rate exceeds that of Baghdad or Mogadishu.

It’s so overwhelmed with the violence of drug trafficking that its leading citizens—police, politicians, even the drug lords—find it safer to live in El Paso.

Hundreds of millions of narco-dollars flow into Juárez each week, and the violence and corruption that follow yield 200 to 300 murders each year.

Among the casualties of that violence:

  • A reporter–who has dared to expose cartel-corrupted members of the Mexican Army–is forced to flee to the United States with his young son.
  • A beautiful woman who became the mistress of one drug cartel leader is gang-raped by members of a rival cartel.
  • A teenage killer for the cartels is now being hunted for having run afoul of his murderous bosses.

This is a city–and a country–where virtually no one is safe.

  • Mexican police pay big bribes to be assigned to narcotics enforcement squads.  The reason: Not to suppress the rampant drug trafficking but to enrich themselves by seizing and selling those narcotics.
  • Residents awaken at dawn to find bodies of the drug cartels’ latest victims dumped on streets–their hands, feet and mouths bound with silver and gray duct tape.
  • Mexican policewomen are often snatched off the streets and raped–by members of the Mexican Army.
  • Honest policemen–and even police chiefs–are routinely gunned down by cartel members.

If there is any one story in Murder City that symbolizes the total corruption of a society awash with drugs and the profits they produce, it is this:

A Mexican priest serves as confessor to drug lords.  They, in turn, believe their confessions to be safe, as they are supposed to be heard only by the priest and God.

But one of the drug lords wears a large gold crucifix, which the priest secretly covets.

So he turns from drug lord confessor to police informer–and the Mexican police raid the next drug lord gathering and confiscate a large quantity of narcotics.

The police don’t intend to turn in the seized narcotics.  Instead, they will sell these for their own profit.

And as a reward for his cooperation, the priest is given the large gold crucifix–which he blesses and consecrates to his God.

Who, exactly, is behind all these killings?

And why?

And who, if anyone, is in charge of Juárez–or Mexico?

Bowden states it is difficult to answer such questions because the Mexican press has been thoroughly corrupted by drug cartel monies or terrorized by drug cartel hit squads.  Reporters have been murdered–by the cartels and the army–for writing anything about killings, the army or the cartels.

The world of Murder City is a nightmarish one:

  • Members of drug cartels live like kings.
  • Their bribes and violence have corrupted all branches of the Mexican government, military and police forces.
  • Ordinary Mexicans live in grinding poverty, thanks to American factories paying starvation wages

When you leave its pages, you are grateful that you can safely put its evil behind you–unlike the residents of Juarez who remain trapped in its web.

Meanwhile, there is a lesson in this book–and in the case of Yanira Maldonado–for anyone with common sense to learn: Stay out of Mexico.

During the 1980s, when Americans were being routinely kidnapped in Beirut, still others–as if bent on suicide–were getting passpords to travel to Lebanon.

For residents of this failed nation-state called Mexico, it’s too late.  Such endemic corruption can never be fought successfully.

But for Americans who do not live there, the message should be clear: “Keep out.  Enter at your own risk.”

LEGALIZING BUMHOOD

In Bureaucracy, Law Enforcement, Politics, Social commentary on May 9, 2013 at 1:30 am

Look–out on the street!

It’s a bum!

It’s a drunk!

It’s Untermensch!

Yes, it’s Untermensch–strange visitor from an unknown pesthole who came to your neighborhood with powers and abilities far below those of normal men.

Untermensch!  Who can pollute the streets of mighty cities, hoist beer bottles in his bare hands.

And who, disguised as an innocent victim of oppression, fights a never-ending battle for booze, drugs and the welfare way.

* * * * *

The California Legislature is about to make the streets safe for DDMBs.

That’s Druggies, Drunks, Mentals and Bums, as they’re known to many of the first responders like paramedics and police who are forced to deal with them.  Or as “the homeless,” to those of Politically Correct persuasion.

Under a measure introduced in April by Assemblyman Tom Ammiano (D-San Francisco), DDMBs would be legally allowed to sleep and sit in public places and accost hard-working citizens for unearned money.

The bill has already passed the Assembly Judiciary Committee on a 7-2 vote, and must be approved by at least one other committee before possibly going to the full Assembly.

Titled “The Homeless Person’s Bill of Rights and Fairness Act,” it was first introduced on December 5, 2012.

The measure states that every person has a right to use public spaces, regardless of housing status.  Among the “rights” the bill would create:

  • “The right to rest in a public space in the same manner as any other person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel….because he or she is homeless, as long as that rest does not maliciously or substantially obstruct a passageway.”
  • “The right to decline admittance to a public or private shelter or any other accommodation, including social services programs, for any reason he or she sees fit, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel….”
  • “The right to assistance of counsel if a county chooses to initiate judicial proceedings under any law set forth in Section 53.5….  The county where the citation was issued shall pay the cost of providing counsel….”
  • Every local government and disadvantaged unincorporated community within the state shall have sufficient health and hygiene centers available 24 hours a day, seven days a week, for use by homeless people. These facilities may be part of the Neighborhood Health Center Program.”
  • “The right to solicit donations in public spaces in the same manner as any other person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel…because he or she is homeless.”
  • “‘Harassment’ [of DDMBs] means a knowing and willful course of conduct by law enforcement, public or private security personnel…directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing a person.”

“Seriously alarming” and “seriously annoying” behavior by DDMBs–such as aggressively demanding money from passersby–would, of course, not be considered illegal.

The bill further states: “Any person whose rights have been violated under this part may enforce those rights in a civil action.

“The court may award appropriate injunctive and declaratory relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory damages, exemplary damages, statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorneys’ fees and costs to a prevailing plaintiff.”

In short, the aim of the bill is three-fold:

  1. To arm society’s undesirables with the full force of law to demand unearned monies from those who actually work for a living;
  2. To arm them with the right to infest, with their psychotic behavior, drug/alcohol addiction and often disease-carrying belongings, any public place they choose; and
  3. To put hard-working, law-abiding “squares” on the defensive in protecting themselves against the filth, aggressiveness and risk of injury from such DDMBs.

In recent years, several cities concerned about the number of undesirables occupying public spaces have passed local ordinances banning them from sitting and lying on streets and sidewalks.

These include Los Angeles, Santa Cruz, Palo Alto and San Francisco (where it is unenforced).

Ammiano’s bill would forbid police from enforcing ordinances regarding resting in public places unless a county has provided sufficient support to such undesirables.

The legislation has as so far received little attention from the media.

For citizens who don’t want their children–and themselves–constantly menaced by

  • psychotic/alcoholic/drug-addicted bums,
  • their feeces/urine, and
  • their stolen shopping carts filled with filthy, bedbug-infested possessions

there is still time to make their views known.

DOES TORTURE WORK?: PART THREE (END)

In Law, Law Enforcement, Politics, Social commentary on May 1, 2013 at 12:02 am

Throughout the Cold War, Republicans held themselves out as the ultimate practitioners of “real-politick,” at home and abroad. They convinced millions of Americans to believe that only their party could be trusted to not sell out America.

As a result, they held the White House–and often the Senate and/or House of Representatives–for most of the 20th Century.

According to Republicans and their Rightist supporters: A President–especially a Democratic one–could never be too aggressive or warlike.

  • President Harry S. Truman hemmed in the Soviet Union with a ring of military bases, making its further expansion into Europe impossible.
  • But the Right judged this as abject surrender. The reason: Truman refused to again turn Eastern Europe into a mass graveyard and ignite World War III by declaring war on the Soviet Union to “roll back” Communism.
  • President John F. Kennedy forced Nikita Khrushchev to withdraw Soviet nuclear missiles from Cuba.
  • But, according to Republicans, that was actually a defeat.  The reason: He didn’t risk thermonuclear war with the Soviet Union by launching an all-out invasion of that island.

After the 1991 collapse of the Soviet Union, Republicans lost their Great Red Bogeyman. Now they could only accuse Democrats of being “soft” on crime, not Communism.

Then, on September 11, 2001, the Republicans found their next great enemy to rally against–-and to accuse Democrats of actively supporting: Islamic terrorism.

This ensured the 2004 re-election of George W. Bush–-who had hid out from the Vietnam war in the Texas Air National Guard–over John Kerry, a genuine war hero who had seen heavy action in the same conflict.

In the last column, we saw that the FBI’s “kill them with kindness” approach to interrogation has yielded far better results than the “Jack Bauer/24” methods favored by the CIA and military.

But this has not prevented Republicans from attacking  even those FBI agents who have risked their lives at home and abroad to defend America from terrArabism.

According to the high priests of the Republican party, those agents are “naive” do-gooders who don’t have the guts to go “all the way” against America’s enemies.

But Niccolo Machiavelli, whose name is a byward for political ruthlessness, would disagree with those Republicans.

In his small and notorious book, The Prince, he writes about the methods a ruler must use to gain power. But in his larger and lesser-known work, The Discourses, he outlines the ways that liberty can be maintained in a republic.

Niccolo Machiavelli

For Machiavelli, only a well-protected state can hope for peace and prosperity.  Toward that end, he wrote at length about the best ways to succeed militarily.  And in war, humanity can prevail at least as often as severity.

Consider the following example from The Discourses:

Camillus [a Roman general] was besieging the city of the Faliscians, and had surrounded it….A teacher charged with the education of the children of some of the noblest families of that city [to ingratiate himself] with Camillus and the Romans, led these children…into the Roman camp. 

And presenting them to Camillus [the teacher] said to him, “By means of these children as hostages, you will be able to compel the city to surrender.”         

Camillus not only declined the offer but had the teacher stripped and his hands tied behind his back….[Then Camillus] had a rod put into the hands of each of the children…[and] directed them to whip [the teacher] all the way back to the city. 

Upon learning this fact, the citizens of Faliscia were so much touched by the humanity and integrity of Camillus, that they surrendered the place to him without any further defense.  

This example shows that an act of humanity and benevolence will at all times have more influence over the minds of men than violence and ferocity.

It also proves that provinces and cities which no armies…could conquer, have yielded to an act of humanity, benevolence, chastity or generosity.

This truth should be kept firmly in mind whenever Right-wingers start bragging about their own patriotism and willingness to get “down and dirty” with America’s enemies.

Many–like Newt Gingrich, Donald Trump, Rudolph Giuliani, Rick Santorum and Mitt Romney–did their heroic best to avoid military service. These “chickenhawks” talk tough and are always ready to send others into battle–but keep themselves well out of harm’s way.

Such men are not merely contemptible; they are dangerous.

DOES TORTURE WORK?: PART TWO (OF THREE)

In History, Law Enforcement, Politics, Social commentary on April 30, 2013 at 12:24 am

In his gung-ho views on torture, New York State Senator Greg Ball has plenty of company.

At the November 12, 2011 Republican debate on foreign policy, all seven candidates endorsed the use of torture as an effective counter-terrorism tactic.

Former Godfather Pizza CEO Herman Cain called for the re-authorized use of waterboarding to “persuade” captured terrArabists to talk.

“I don’t see it as torture, I see it as an enhanced interrogation technique,” said Cain.

Representative Michele Bachmann (R-Minn.) and Texas Governor Rick Perry agreed with Cain.

And Perry drew sustained applause when he declared, “This is war…I will defend them [waterboarding and other coercive techniques] until I die.”

The use of waterboarding was discontinued late in the administration of President George W. Bush.

Following much heated, internal debate, officials in the FBI and Justice Department admitted that it constituted torture and was therefore illegal.

But after the killing of Osama bin Laden, several Bush administration officials–notably former Vice President Dick Cheney–tried to reinstitute the technique, or at least its reputation.

They suggested that information acquired during the earlier waterboarding years may have provided an essential clue to locating bin Laden.

Unfortunately for Republicans, the truth about torture generally–and waterboarding in particular–is just the opposite.

Victims will say anything they think their captors want to hear to stop the agony.  And, in fact, subsequent investigations have shown that just that happened with Al Qaeda suspects.

Waterboarding a captive

Shortly after the invasion of Afghanistan in October, 2001, hundreds of Al Qaeda members started falling into American hands.  And so did a great many others who were simply accused by rival warlords of being Al Qaeda members.

The only way to learn if Al Qaeda was planning any more 9/11-style attacks on the United States was to interrogate those suspected captives.  The question was: How?

The CIA and the Pentagon quickly took the “gloves off” approach.  Their methods included such “stress techniques” as playing loud music and flashing strobe lights to keep detainees awake.

Some were “softened up” prior to interrogation by “third-degree” beatings.  And still others were waterboarded.

In 2003, an FBI agent observing a CIA “interrogation” at Guantanamo was stunned to see a detainee sitting on the floor, wrapped in an Israeli flag.  Nearby, music blared and strobe slights flashed.

In Osama bin Laden’s 1998 declaration of war against America, he had accused the country of being controlled by the Jews, saying the United States “served the Jews’ petty state.”

Draping an Islamic captive with an Israeli flag could only confirm such propaganda.

The FBI, on the other hand, followed its traditional “kill them with kindness” approach to interrogation.

Pat D’Amuro, a veteran FBI agent who had led the Bureau’s investigation into the 1998 bombing of the American embasy in Nairobi, Kenya, warned FBI Director Robert Mueller III:

The FBI should not be a party in the use of “enhanced intrrogation techniques.”  They wouldn’t work and wouldn’t produce the dramatic results the CIA hoped for.

But there was a bigger danger, D’Amuro warned: “We’ll be handing every future defense attorney Giglio material.”

The Supreme Court had ruled in Giglio vs. the United States (1972) that the personal credibility of a government official was admissible in court.

Any FBI agent who made use of extra-legal interrogation techniques could potentially have that issue raised every time he testified in court on any other matter.

It was a defense attorney’s dream-come-true recipe for impeaching an agent’s credibility–and thus ruin his investigative career.

But there was another solid reason for avoiding interrogations that smacked of torture: Most Al Qaeda members relished appearing before grand juries.

Unlike organized crime members, they were talkative–and even tried to proslytize to the jury members.  They were proud of what they had done–and wanted to talk.

“This is what the FBI does,” said Mike Rolince, an FBI experrt on counter-terrorism.  “Nearly 100% of the terrorists we’ve taken into custody have confessed.  The CIA wasn’t trained.  They don’t do interrogations.”

According to The Threat Matrix: The FBI at War in the Age of Global Terror (2011), jihadists had been taught to expect severe torture at tha hands of American interrogators.  Writes Author  Garrett M. Graff:

“Often, in the FBI’s experience, their best cooperation came when detainees realized they weren’t going to get tortured, that the United States wasn’t the Great Satan.  Interrogators were figuring out…that not playing into Al Qaeda’s propaganda could produce victories.”

And the FBI isn’t alone in believing that acts of simple humanity can turn even sworn entmies into allies.

No less an authority on “real-politick” than Niccolo Machiavelli reached the same conclusion more than 500 years ago.

DOES TORTURE WORK?: PART ONE (OF THREE)

In History, Law Enforcement, Politics, Social commentary on April 29, 2013 at 12:02 am

On the night of April 19, 19-year-old Dzokhar Tsarnaev, the Boston Marathon bombing suspect, was arrested.

And almost immediately afterward, New York State Senator Greg Ball (R) offered his unsolicited advice on how to deal with him.  Ball took to his Twitter account and called for the Tsarnaev to be tortured:

“So, scum bag #2 in custody. Who wouldn’t use torture on this punk to save more lives?”

On April 22, Ball appeared on CNN’s Piers Morgan Show to elaborate on his approach to law-and-order.

Greg Ball

Morgan opened the interview by asking Ball if he still believed that Tsarnaev should be tortured.  The following exchange then occurred:

BALL: Absolutely.  At the end of the day–you know, I think you interview a lot of politicians.  A lot of politicians are full of crap. They’re  scared of their own shadow and scared to say what they feel.

I think that I share the feelings of a lot of red-blooded Americans who believe that if we can save even one innocent American life, including we’ve seen the killing of children, that they would use–and this is just for me–that they would use every tool at their disposal to do so.

MORGAN: But he’s an American citizen, Dzhokhar Tsarnaev. He committed a domestic crime in Boston, and he’ll be tried in a U.S. civilian criminal court system.

BALL: Right.

MORGAN: How you going to torture him?

BALL: I mean, dude, you’re talking to a guy that supports death penalty for cop killers, terrorists.

MORGAN: Yes, but how would you torture him?

BALL: Piers, I would support–I’m talking about me. If you want to talk to the president of the United States about his policies next time you golf or go play basketball with him, you can ask him. I’m telling you as Greg Ball, I’m telling you as Greg Ball personally–

MORGAN: I understand you’re Greg Ball.

BALL: If you would put me in the room with anybody from the most current scumbags to Osama bin Laden, I’m telling you what I would do. As far as the policy of the United States, you got to take it up with Obama.

MORGAN: I understand. But if you start to torture an American citizen for committing a domestic crime in America, you are crossing a Rubicon.

BALL: Can I ask you a question? What would you do if you were given the opportunity?

BALL: Before Osama bin Laden was shot, if you had 30 minutes in the room, what would you do? Would you play cards with Osama bin Laden?

MORGAN: It’s really a question–

BALL: What would you do?

MORGAN: Let me put this to you.

BALL: No.  You answer this.  If you met this scumbag–

MORGAN: I’m actually doing the interview, though.

BALL: If you met this scumbag–

MORGAN: No, I really am.

BALL: –before he killed these people and turned people into amputees, what would you do, play cards?  Maybe I should have said it in a British accent.  This man killed innocent men, women and children.

MORGAN: Can you stop being such a jerk?

BALL: What would you do?  You get paid for it.  I figured I would give you a taste of your own medicine.

MORGAN: Seriously–

MORGAN: Because you tweeted this to the world.  I’m curious what you think.  Your behavior so far has been really offensive.

BALL: Because you don’t like it when you don’t have another bobblehead that you can beat up and treat like a coward?  The reality is is these men killed innocent men, women and children.  As a red-blooded American, I said who out there if it would save an innocent–

MORGAN: But you’re not answering my questions.

BALL: — would not use torture.  I would.

MORGAN: I understand all the gung-ho language you’re using.  Here’s the point I’m making to you.  Do you realize that if you torture this man, what you’re basically endorsing is the torture of American citizens for committing domestic crimes inside America?

Would you as a politician want to bring that in as a standard matter of practice in your country, yes or no?

BALL: What I am saying is that as an individual–

MORGAN: Yes or no?

BALL: If given the opportunity–

MORGAN: Yes or no.

BALL:  –to be in a room with somebody like Osama bin Laden, it would be me, Osama bin Laden and a baseball bat. And yes, I would use torture.

MORGAN: It’s very macho.

BALL: It’s not about being macho.  If I wanted to be macho, I would challenge you to an arm wrestling contest.  I’m telling you how I feel. That’s what I said on Twitter.

And that’s what I said today. You can ask it 100 times over.  I will give you the same answer.‏

WHEN THE KGB COMES CALLING

In Bureaucracy, History, Humor, Law Enforcement, Social commentary on April 24, 2013 at 12:00 am

A day after bombs ravaged the Boston Marathon, Russian President Vladimir Putin offered his country’s assistance in investigating this latest Islamic outrage.

Putin said in a condolences note published on the Kremlin’s website that the international community should unite to fight terrorism.

Vladimir Putin

Putin said Russia “would be ready to provide assistance” to U.S. authorities with the probe into the bombings at the Boston marathon.

Fortunately, the FBI, Bureau of Alcohol, Tobacco and Firearms (ATF) and Boston police were able, within a week, to identify and kill/arrest the two brothers responsible for killing three people and injuring about 180 more.

But suppose President Obama had taken Putin up on his offer?

Officially, the KGB (“Committee for State Security”) no longer exists.  It was abolished by then-Soviet President Mikhail Gorbachev following the agency’s unsuccessful coup against him in August, 1991.

But its legacy lives on in the renamed FSB (Federal Security Service).

The KGB was formed in 1954, the year after the death of Joseph Stalin, Russia’s 20th century version of Ivan the Terrible.  (Previously, the state secret police had been known, first, as the Cheka–“Extraordinary Commission”– and then as the NKVD.)

Regardless of its name, the agency relentlessly pursued its twin goals: Brutally repressing political oppression at home and spying on its enemies abroad.

Through the reins of Nikita Khrushchev, Leonid Brezhniev, Yuri Andropov, Constitin Chernenko and Mikhail Gorbachev, the KGB acted as “the sword and shield of Russia.”  Among its tens of thousands of members was Vladimir Putin.

Even the worst abuses of J. Edgar Hoover’s FBI pale in comparison to those of the KGB, which ran its own prisons, routinely tortured and murdered men and women, and conducted espionage abroad.

The agency remained impervious to control except by its Kremlin masters–who were the ones directing its worst atrocities.

So it’s intriguing to imagine how the KGB would have reacted to the bombings at the Boston Marathon.

Perhaps the best way to do this is to see the KGB–oops, FSB–through the eyes of its former victims: The ussians themselves.

Unable to protest the abuses of the all-powerful police, Russians–in secret, and only among their most-trusted friends and family members–struck back with humor of the blackest sort

  • Q. Why do the KGB operate in groups of three? A. One who can read, one who can write and one to keep an eye on the two intellectuals.
  • A KGB officer tells the next-of-kin that her father committed suicide.  Woman: How did he die?  KGB: Skull fracture.  Woman:  How did it happen?  KGB: He wouldn’t drink the poison.
  • A Russian teacher asks her class, “Who wrote ‘The Communist Manifesto’?”  A boy says, “I don’t know, but it wasn’t me.”  The teacher thinks he’s being flippant, so she sends him home.  The boy tells his father, who complains to a friend who’s a KGB agent.  “Don’t worry,” says the KGB man, “I’ll find out who really wrote it.”  The KGB agent drives to the home of the teacher’s apartment.  The teacher asks, “Why have you woken me up?”  The KGB officer says: “It wasn’t the boy.  His father has confessed.” 
  • A man owns a parrot–until one day it disappears.  The owner rushes to the nearest KGB office.  “Why come to us?  It’s none of our affair,” says the KGB official.  “I just wanted you to know,” says the man, “that if it turns up, I don’t happen to share its opinions.”
  • A KGB agent spots an old man reading a book and asks what it’s about. “I’m learning Hebrew,” says the man, “because it’s the language of Heaven.  When I die, I want to talk to God.”  The KGB man says, “But suppose when you die you go to Hell?”  The old man says: “I already know Russian.”
  • The Egyptian government announces that an unidentified mummy has been found, and asks the world’s best archaeologists to help solve the mystery.  In response, the Soviet Union sends its top archaeologist–accompanied by two KGB guards to ensure he doesn’t defect.  The three men enter the tomb and, three days later, emerge.  “It’s Ramses III,” says the archaeologist.  “How did you figure it out?” asks a reporter.  And one of the KGB guards says, “The bastard finally confessed.”
  • A man knocks at the door of his neighbor’s apartment, yelling: “Quick, get up, get dressed!”  From inside he can hear screams of fear.  “Don’t worry,” he says, “it’s nothing serious.  I’m not from the KGB.  I just wanted to tell you your flat is on fire.”
  • A Russian boy asks his father, “Will there still be a KGB when we achieve Full Communism?”  And his father replies: “No, by then people will have learned how to arrest themselves.”
  • A delegation comes to the Kremlin to visit Leonid Brezhniev.  When they leave, Brezhniev can’t find his  cigarette case.  He telephones the head of the KGB and says, “Find out of one of the delegates took my case.”  Later, Brezhniev finds it under a table.  He calls the KGB director and says, “I found my case.  You can let the delegates go.”  “It’s too late for that,” says the KGB director, adding: “Half the delegates admitted they took your case, and the other half died under questioning.”