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Posts Tagged ‘FBI’

SAFETY LOSES, TERRARABISM WINS: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 30, 2014 at 12:00 am

Since 1993, New York City–as the financial capital of the nation–has been Target Number Two for Islamic extremists.

Only Washington, D.C.–the nation’s political capital–outranks it as the city Islamic terrorists most want to destroy.

But for large numbers of New York’s Islamic community, this is unimportant.  What is important, to them, is their being viewed with distrust by the NYPD.

“The Demographics Unit created psychological warfare in our community,” said Linda Sarsour, of the Arab American Association of New York.

‘Those documents, they showed where we live. That’s the cafe where I eat. That’s where I pray. That’s where I buy my groceries.

“They were able to see [our] entire lives on those maps. And it completely messed with the psyche of the community.”

But that’s entirely the point of having an effective Intelligence unit: To disrupt “the psyche” of those who plan acts of violence against a community.

In 1964, the FBI launched such a counterintelligence program–in Bureau-speak, a COINTELPRO–against the Ku Klux Klan.

Up to that point, Klansmen had shot, lynched and bombed their way across the Deep South, especially in Alabama and Mississippi.  Many Southern sheriffs and police chiefs were Klan sympathizers, if not outright members and accomplices.

Related image

Ku Klux Klansmen in a meeting

The FBI’s covert action program aimed to “expose, disrupt and otherwise neutralize” Ku Klux Klan groups through a wide range of legal and extra-legal methods.

FBI Special Agents:

  • Planted electronic surveillance devices in Klan meeting places.
  • Carried out “black bag jobs”–burglaries–to steal Klan membership lists.
  • Contacted the news media to publicize arrests and identify Klan leaders.
  • Informed the employers of known Klansmen of their employees’ criminal activity, resulting in the firing of untold numbers of them.
  • Developed informants within Klans and sewed a climate of distrust and fear among Klansmen.
  • Beat and harassed Klansmen who threatened and harassed them.

“They were dirty, rough fellows,” recalled William C. Sullivan, who headed the FBI’s Domestic Intelligence Division in the 1960s.  “And we went after them with rough, tough methods.

William C. Sullivan

“When the Klan reached 14,000 in the mid-sixties, I asked to take over the investigation of the Klan.  When I left the Bureau in 1971, the Klan was down to a completely disorganized 4,300.  It was broken.”

Click here: The Bureau My Thirty Years in Hoover’s FBI: William C Sullivan, Sam Sloan, Bill Brown: 9784871873383: Amazon.com:

And for more than a decade, the Demographics Unit of the NYPD’s Counterterrorism Division worked diligently to prevent another major terrorist attack on New York City.

Agent at NYPD Counterterrorism Division Center

Then, in 2013, New York City voters elected Democrat Bill de Blazio as Michael Bloomberg’s successor as mayor.

For de Blasio, scoring Politically Correct points with New York’s uber-liberal community was more important than supporting a proven deterrent to terrorism.

Click here: New York Drops Unit That Spied on Muslims – NYTimes.com

De Blazio promised to give new Yorkers “a police force that keeps our city safe, but that is also respectful and fair.

“This reform [disbanding the Demographics Unit] is a critical step forward in easing tensions between the police and the communities they serve, so that our cops and our citizens can help one another go after the real bad guys,” he claimed.

In Washington, 34 members of Congress demanded an FBI investigation into the NYPD’s covert surveillance program.

Attorney General Eric Holder said he found reports about the operations disturbing.  The Department of Justice said it was reviewing complaints received from Muslims and their supporters.

All of this contradicted the warning provided by a Federal judge on February 20, 2014.

U.S. District Judge William Martini in Newark, N.J., threw out a suit brought against the NYPD by eight New Jersey Muslims.

They claimed that the NYPD’s surveillance of mosques, restaurants and schools in the state since 2002 was unconstitutional because Muslims were being targeted solely on the basis of their religion.

In his ruling, however, Martini disagreed:

“The police could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.

“The motive for the program was not solely to discriminate against Muslims, but rather to find Muslim terrorists hiding among ordinary, law-abiding Muslims.”

Both NYPD Cmmissioner Raymond Kelly and Deputy Commissioner of Intelligence David Cohen chose to retire in 2013.

The Demographics Unit of the NYPD’s Counterterrorism Division was officially disbanded on April 15.  Detectives that had been assigned to it were transferred to other duties within the Intelligence Division.

Jawad Rasul, one of the students on the whitewater rafting trip in upstate New York, was enraged when he learned that his name was included in the police report.

“It forces me to look around wherever I am now,” Rasul said.

So now he knows how Americans feel when they spot Muslim women wearing chadors that hide their faces from view, or even burqas that cover their entire bodies (and any explosive devices they might be carrying).

Political Correctness mavens might laugh or sneer at such a warning.  But Al Qaeda has used exactly that tactic repeatedly–and successfully–against Afghan military forces.

Osama bin Laden was forced to spend his last years in a Pakistani house watching movies on TV. But that didn’t stop him from continuing to plot further acts of destruction against “infidel Crusaders.”

Among the plots he sought to unleash was the assassination of President Barack Obama.

It was simply America’s good fortune that the Navy SEALS got him first.

SAFETY LOSES, TERRARABISM WINS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 29, 2014 at 12:02 am

In creating the NYPD’s Counterterrorism Division, David Cohen had a secret weapon: The latent resources of the NYPD.  Many of its officers were foreign-born, making them ideal espionage operatives

His Afghan- or Pakistan-born linguists could easily monitor chat rooms in Kabul or Peshawar, looking for Islamics seeking to carry out attacks on New York City.

The FBI, on the other hand, fearing divided loyalties, usually rejected hiring foreign-born applicants: “Oooh, [you] grew up in Pakistan,” mocked Cohen. “We can’t use you.”

Cohen realized that some analysts made better report-writers than streetwise detectives.  And some detectives were better at unearthing criminal secrets than desk-bound analysts.

So Cohen decided to pair Ivy-league-educated analysts with veteran detectives.  Together, they could pool their talents and compensate for each other’s weaknesses.

Perhaps most importantly, Cohen’s unit was not judged by the number of arrests or convictions generated by its activities.

Its purpose was to disrupt terror cells and prevent terrorist acts, not to prosecute individuals after they had unleashed destruction.

Agents of NYPD’s Counterterrorism Unit

Meanwhile, the CIA, FBI, Department of Homeland Security and the National Security Agency watched with growing anger as the NYPD trespassed on their jealously guarded turf.

What right did a mere local police department–even one of 33,000 sworn officers–have to conduct overseas Intelligence operations?

Cohen, in turn, was not shy in answering: We relied on you Feds to protect us in 1993 and 2001–and look at what happened.

And events soon proved the need for such a stepped-up anti-terrorism effort.

Since September 11, 2001, there have been 16 known terrorist plots against New York City.  Among these:

  • In 2002, Iyman Faris, a U.S.-based al-Qaeda operative, planned to cut the Brooklyn Bridge’s support cables.  But due to NYPD anti-terrorism efforts, Faris called off the plot, telling al-Qaeda leaders that “the weather is too hot.”  He was arrested, pled guilty, and sentenced to 20 years’ imprisonment.
  • In 2006, Dhiren Barot was sentenced to life in prison by a United Kingdom court for planning to attack  targets both in the UK and the United States.  These included the New York Stock Exchange and, Citigroup’s headquarters in Midtown Manhattan.
  • Shahawar Matin Siraj and James Elshafay plotted in 2004 to place bombs in the Herald Square subway station in Manhattan. Elshafay had already chosen potential targets before he met an NYPD informant in early 2004.  Both men were arrested, convicted and sentenced to prison.
  • In 2006, four men plotted to detonate the jet-fuel storage tanks and supply lines for John F. Kennedy Airport in order to cause wide-scale destruction and economic disruption.   All four were arrested and sentenced to prison–three of them for life.
  • In September 2009, the New York City subway system was targeted by three men who planned to set off bombs in the subway during rush hour shortly after the eighth anniversary of 9/11.  All three were arrested.  Two pled guilty and await sentencing; the third has been sentenced to life imprisonment.
  • Faisal Shahzad, a Pakistan-American residing in Connecticut, tried but failed to set explode a car bomb in Times Square on May 1, 2010.  Cooperation between NYPD and the FBI led to his identification and arrest 53 hours after the attempt, as he tried to flee the country. Shahzad pled guilty to all charges against him and was sentenced to life in prison.

All of these plots were foiled by the NYPD, the FBI, or by a combination of these agencies.

Then, after more than a decade’s successes in foiling a series of Islamic plots against New York City, disaster struck the NYPD’s Counterterrorism Division.

On February 18, 2012, the Associated Press (AP) broke the news that the NYPD had monitored Muslim college students far more broadly than previously known.

According to the AP:

  • The NYPD conducted surveillance at schools far removed from New York.
  • These included Yale University in New Haven, Connecticut, and the University of Pennsylvania.
  • Detectives daily tracked Muslim student websites and recorded the names of professors and students.

  • The NYPD, with CIA help, monitored Muslims where they ate, shopped and worshiped.
  • The NYPD placed undercover officers at Muslim student associations in colleges within New York City.
  • In one NYPD operation, an undercover officer accompanied 18 Muslim City College students on a whitewater rafting trip in upstate New York. He noted the names of those who were officers of the Muslim Student Association.

To put this act of journalistic treachery into historical context: Imagine the New York Times leaking the exact timetable for the D-Day invasion to agents of Nazi Germany.

New York’s Islamic community had long accused the NYPD of “profiling” its members.  Armed with the AP’s revelations, Islamics rushed to capitalize on them.

“I see a violation of civil rights here,” said Tanweer Haq, chaplain of the Muslim Student Association at Syracuse University, upon learning of the AP’s revelations.

“Nobody wants to be on the list of the FBI or the NYPD or whatever. Muslim students want to have their own lives, their own privacy and enjoy the same freedoms and opportunities that everybody else has.”

That’s true. But no other nationality has so often attacked Americans within the last 35 years–nor continues to pose so great a threat to this country.

SAFETY LOSES, TERRARABISM WINS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 28, 2014 at 12:01 am

There is a famous joke about racial profiling that’s long made the rounds of the Internet. It appears in the guise of a “history test,” and offers such multiple-choice questions as: I

n 1972 at the Munich Olympics, athletes were kidnapped and massacred by:

  • Olga Corbett
  • Sitting Bull
  • Arnold Schwarzenegger
  • Muslim male extremists mostly between the ages of 17 and 40

In 1979, the US embassy in Iran was taken over by:

  • Lost Norwegians
  • Elvis
  • A tour bus full of 80-year-old women
  • Muslim male extremists mostly between the ages of 17 and 40

During the 1980s a number of Americans were kidnapped in Lebanon by:

  • John Dillinger
  • The King of Sweden
  • The Boy Scouts
  • Muslim male extremists mostly between the ages of 17 and 40

In 1983, the US Marine barracks in Beirut was blown up by:

  • A pizza delivery boy
  • Pee Wee Herman
  • Geraldo Rivera
  • Muslim male extremists mostly between the ages of 17 and 40

In 1985, the cruise ship Achille Lauro was highjacked and a 70-year-old American passenger was murdered and thrown overboard in his wheelchair by:

  • The Smurfs
  • Davy Jones
  • The Little Mermaid
  • Muslim male extremists mostly between the ages of 17 and 40

In 1988, Pan Am Flight 103 was bombed by:

  • Scooby Doo
  • The Tooth Fairy
  • Butch Cassidy and the Sundance Kid
  • Muslim male extremists mostly between the ages of 17 and 40

On September 11, 2001, four airliners were hijacked. Two were used as missiles to take out the World Trade Center; one crashed into the Pentagon; and the other was diverted and crashed by the passengers. Thousands of people were killed by:

  • Bugs Bunny, Wiley E. Coyote, Daffy Duck and Elmer Fudd
  • The Supreme Court of Florida
  • Mr. Bean
  • Muslim male extremists mostly between the ages of 17 and 40

Do you see a pattern here to justify profiling? To ensure that we Americans never offend anyone, particularly fanatics intent on killing us, airport security screeners should not profile certain people.

They must conduct random searches of 80-year-old women, little kids, airline pilots with proper identification, Secret Service agents of the President’s security detail, 85-year-old Congressmen with metal hips, and Medal of Honor winner-winning and former Governor Joe Foss.

But they should leave Muslim males between the ages of 17 and 40 alone because profiling is not Politically Correct. When are we going to wake up to reality?

* * * * *

It’s well to remember the bitter truth behind this joke, especially in light of the April 15 headline on the National Public Radio website:

NYPD SHUTS DOWN

CONTROVERSIAL UNIT

THAT SPIED ON MUSLIMS

Click here: NYPD Shuts Down Controversial Unit That Spied On Muslims : The Two-Way : NPR

Yes, on April 15, the New York Police Department said it would disband a special unit charged with carrying out secret surveillance of Muslim groups.

Formed in 2003, the Demographics Unit had sent plainclothes detectives to secretly listen in on Islamic sermons in mosques, infiltrate Muslim neighborhoods and spy on individuals and groups.

The goal: To unearth terror cells before they could launch deadly attacks against New York City residents.

The unit had been established–as part of a worldwide Intelligence network operated by the NYPD–during the Mayorship of Republican/Independent Michael Bloomberg.

Commanding the NYPD was Raymond Kelly, a veteran of 47 years in the agency.  Kelly had served in 25 different commands and as Police Commissioner from 1992 to 1994.  Reappointed in 2002, he retired from the NYPD in 2013.

A lifelong New Yorker, Kelly had seen his city twice targeted by Islamic extremists in eight years.

The first attack had come in 1993, with the unsuccessful bombing attempt on the World Trade Center.  The second–and this time successful–attack on the Center had come eight years later, on September 11, 2001.

World Trade Center – September 11, 2001

With 2,977 New Yorkers obliterated in less than two hours, Kelly knew his city could no longer rely on the FBI and CIA to safeguard its residents.

He decided to borrow a page from the FBI’s own history.

Decades ago, the Bureau had created legal attaches–“Legats,” in Bureau-speak–in police departments around the world.  These contacts had provided the FBI with invaluable Intelligence on wanted fugitives and imminent acts of criminality.

Now the NYPD would arm itself with the same weapon.

Through these liaisons, the NYPD would tap into the Intelligence resources of police departments and espionage agencies throughout the world.

The NYPD greatly expanded the ranks of its Counterterrorism Division. More than 600 officers and operatives both stateside and worldwide now stood guard over New York City.

Click here: Amazon.com: Securing the City: Inside America’s Best Counterterror Force–The NYPD eBook: Christopher Dickey: Book 

Heading this division was David Cohen as Deputy Commissioner of Intelligence.  He had previously served as Deputy Director for Operations at the CIA, overseeing domestic missions in the 1980s and overseas assignments in the 1990s.

Given the full backing of Mayor Bloomberg and Commissioner Kelly, Cohen soon had twice as many fluent Arabic speakers on his staff as the entire FBI.

His agents spoke some 50 languages and dialects, which matched the reported linguistic capabilities of the CIA.

THE DANGERS OF TIMIDITY

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 23, 2014 at 1:00 am

President Barack Obama–or at least Neil Kornze, the director of the Federal Bureau of Land Management (BLM)–has some serious lessons to learn about the uses of power.

For more than 20 years, Cliven Bundy, a Nevada cattle rancher, has refused to pay fees for grazing cattle on public lands, some 80 miles north of Las Vegas.

BLM says Bundy now owes close to $1 million. He says his family has used the land since the 1870s and doesn’t recognize the federal government’s jurisdiction.

In 2013, a federal judge ordered Bundy to remove his livestock. He ignored the order, and in early April, 2014, BLM agents rounded up more than 400 of his cattle.

Over the weekend of April 12-13, armed militia members and states’ right protesters showed up to challenge the move.

US Bureau of Land Management (BLM) | Tethys

Bureau of Land Management logo 

Rather than risk violence, the BLM did an about-face and released the cattle.

Right-wing bloggers and commentators have portrayed the incident as a victory over Federal tyranny.

According to Alex Jones’ Infowars.com: “Historic!  Feds Forced to Surrender to American Citizens.”

Right-wingers have depicted Bundy as a put-upon Everyman being “squeeaed” by the dictatorial Federal government.

They have deliberately ignored a number of inconvenient truths–such as:

  • He claims that his grazing rights were established in 1880 when his ancestors settled the land where his ranch sits.
  • But the Nevada constitution–adopted in 1864 as a condition of statehood–contradicts Bundy’s right to operate as a law unto himself.
  • The constitution says: “The people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States.”
  • In 1934,  the Taylor Grazing Act gave existing ranchers permits allowing them to run their herds on federal land.
  • In turn, ranchers paid user fees, which were lower than what most private landowners would have charged.
  • In 1993, the Federal government launched an effort to protect the endangered desert tortoise.
  • Certain grasslands were placed off-limits for grazing, and the government bought out the permits of some ranchers.
  • Among others, Bundy refused to sell and kept grazing his cattle on restricted federal land without a permit.
  • Amidst mounting fees and fines, Bundy repeatedly slugged it out in court against government lawyers.  He lost.
  • In 1998, a federal judge permanently barred him from letting his cattle graze on protected federal land.
  • In early April, 2014, BLM agents–charged with overseeing grazing rights–began rounding up Bundy’s cattle to remove them from federal property.

Bundy’s family and other ranchers–backed up by a motley assortment of self-declared militiamen armed with rifles and pistols–confronted the agents.

Fearing another Waco–regarded by Right-wing Americans as a second Alamo–the BLM agents backed down and released Bundy’s cattle.  And then retreated.

While Right-wingers hail this as a victory for “states’ rights,” the truth is considerably different.

Bundy’s refusal to recognize the federal government’s jurisdiction amounts to: “I will recognize–and obey–only those laws that I happen to agree with.”

And the BLM’s performance offers a texbook lesson on how not to promote respect for the law–or for those who enforce it.

As Niccolo Machiavelli, the father of modern political science warned more than 500 years ago in The Prince:

[A ruler] is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which [he] must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude. 

As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

Niccolo Machiavelli

In his master-work, The Discouorses, he outlines the consequences of allowing lawbreakers to go unpunished:

...Having established rewards for good actions and penalties for evil ones, and having rewarded a citizen for conduct who afterwards commits a wrong, he should be chastised for that without regard to his previous merits….

For if a citizen who has rendered some eminent service to the state should add to the reputation and influence which he has thereby acquired the confident audacity of being able to commit any wrong without fear of punishment, he will in a little while become so insolent and overbearing as to put an end to all power of the law.

The conduct of the agents of BLM has violated that sage counsel on all counts.

BLM agents should have expected trouble from Right-wing militia groups–and come fully prepared to deal with it.

The FBI and the U.S. Marshals Service, for example, have created SWAT teams to deal with those who threaten  violence against the Federal Government.

Civil War General William Tecumseh Sherman had a formula for dealing with domestic terrorists of his own time.

Writing to his commander, Ulysses S. Grant, about the best way to treat Confederate guerrillas, he advised:

Black-and-white photograph of Sherman in uniform with his arms folded in front of him

General Willilam Tecumseh Sherman

“They cannot be made to love us, but they may be made to fear us.  We cannot change the hearts of those people of the South.

“But we can make war so terrible that they will realize the fact that . . . they are still mortal and should exhaust all peaceful remedies before they fly to war.”

“A TEAM PLAYER”: PART TWO (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on April 9, 2014 at 12:01 am

In 1959,, J. Edgar Hoover, the legendary director of the FBI, declared war on the Mafia.

He set up a Top Hoodlum Program and encouraged his agents to use wiretapping and electronic surveillance (“bugging”) to make up for lost time and Intelligence.

But Hoover also imposed a series of restrictions that could destroy an agent’s professional and personal life.

William E. Roemer, Jr., assigned to the FBI’s Chicago field office, was one of the first agents to volunteer for such duty.

In his memoirs, Man Against the Mob, published in 1989, Roemer laid out the dangers that went with such work:

  1. If confronted by police or mobsters, agents were to try to escape without being identified.
  2. If caught by police, agents were not to identify themselves as FBI employees.
  3. They were to carry no badges, credentials or guns–or anything else connecting themselves with the FBI.
  4. If they were arrested by police and the truth emerged about their FBI employment, the Bureau would claim they were “rogue agents” acting on their own.
  5. Such agents were not to refute the FBI’s portrayal of them as “rogues.”

If he had been arrested by the Chicago Police Department and identified as an FBI agent, Roemer would have:

  1. Definitely been fired from his position as an FBI agent.
  2. Almost certainly been convicted for at least breaking and entering.
  3. Disbarred from the legal profession (Roemer was an attorney).
  4. Perhaps served a prison sentence.
  5. Been disgraced as a convicted felon.
  6. Been unable to serve in his chosen profession of law enforcement.

Given the huge risks involved, many agents, unsurprisingly, wanted nothing to do with “black bag jobs.”

The agents who took them on were so committed to penetrating the Mob that they willingly accepted Hoover’s dictates.

In 1989, Roemer speculated that former Marine Lieutenant Colonel Oliver North had fallen victim to such a “Mission: Impossible” scenario: “The secretary will disavow any knowledge of your actions….”

In 1986, Ronald Reagan’s “arms-for-hostages” deal known as Iran-Contra had been exposed.

To retrieve seven Americans taken hostage in Beirut, Lebanon, Reagan had secretly agreed to sell some of America’s most sophisticated missiles to Iran.

During this operation, several Reagan officials–including North–diverted proceeds from the sale of those missiles to fund Reagan’s illegal war against the Sandinistas in Nicaragua.

In Roemer’s view: North had followed orders from his superiors without question.  But when the time came for those superiors to step forward and protect him, they didn’t.

They let him take the fall.

Roemer speculated that North had been led to believe he would be rescued from criminal prosecution.  Instead, in 1989, he was convicted for

  • accepting an illegal gratuity;
  • aiding and abetting in the obstruction of a congressional inquiry; and
  • ordering the destruction of documents via his secretary, Fawn Hall.

That is how many employers expect their employees to act: To carry out whatever assignments they are given and take the blame if anything goes wrong.

Take the case of Wal-Mart Stores, Inc., the world’s biggest retailer.

In March, 2005, Wal-Mart escaped criminal charges when it agreed to pay $11 million to end a federal probe into its use of illegal aliens as janitors.

Agents from Immigration and Customs Enforcement (ICE) raided 60 Wal-Mart stores across 21 states in October, 2003.  The raids led to the arrest of 245 illegal aliens.

Federal authorities had uncovered the cases of an estimated 345 illegal aliens contracted as janitors at Wal-Mart stores.

Many of the workers worked seven days or nights a week without overtime pay or injury compensation. Those who worked nights were often locked in the store until the morning.

According to Federal officials, court-authorized wiretaps revealed that Wal-Mart executives knew their subcontractors hired illegal aliens.

Once the raids began, Federal agents invaded the company’s headquarters in Bentonville, Ark., seizing boxes of records from the office of a mid-level executive.

Click here: Wal-Mart Settles Illegal Immigrant Case for $11M | Fox News

Of course, Wal-Mart admitted no wrongdoing in the case.  Instead, it blamed its subcontractors for hiring illegal aliens and claiming that Wal-Mart hadn’t been aware of this.

Which, of course, is nonsense.

Just as the FBI would have had no compunctions about letting its agents take the fall for following orders right from the pen of J. Edgar Hoover, Wal-Mart meant to sacrifice its subcontractors for doing precisely what the company’s executives wanted them to do.

The only reason Wal-Mart couldn’t make this work: The Feds had, for once, treated corporate executives like Mafia leaders and had tapped their phones.

Click here: Wal-Mart to review workers – Business – EVTNow

Which holds a lesson for how Federal law enforcement agencies should treat future corporate executives when their companies are found violating the law.

Instead of seeing CEOs as “captains of industry,” a far more realistic approach would be giving this term a new meaning: Corrupt Egotistical Oligarchs.

A smart investigator/prosecutor should always remember:

Widespread illegal and corrupt behavior cannot happen among the employees of a major government agency or private corporation unless:

  1. Those at the top have ordered it and are profiting from it; or
  2. Those at the top don’t want to know about it and have taken no steps to prevent or punish it.

“A TEAM PLAYER”: PART ONE (OF TWO)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on April 8, 2014 at 12:15 am

Recruiters for corporate America routinely claim they’re looking for “a team player.”

This sounds great–as though the corporation is seeking people who will get along with their colleagues and work to achieve a worthwhile objective.

And, at times, that is precisely what is being sought in a potential employee.

But, altogether too often, what the corporation means by “a team player” is what the Mafia means by “a real standup guy.”

That is: Someone willing to commit any crime for the organization–and take the fall for its leaders if anything goes wrong.

Consider this classic example from the files of America’s premier law enforcement agency, the Federal Bureau of Investigation (FBI).

On November 14, 1957, 70 top Mafia leaders from across the country gathered at the estate of a fellow gangster, Joseph Barbara, in Apalachin, a small village in upstate New York.

The presence of so many cars with out-of-state license plates converging on an isolated mansion caught the attention of Edgar Crosswell, a sergeant in the New York State Police.

Crosswell assembled as many troopers as he could find, set up roadblocks, and swooped down on the estate.

The mobsters, panicked, fled in all directions–many of them into the surrounding woods.  Even so, more than 60 underworld bosses were arrested and indicted following the raid.

Perhaps the most significant result of the raid was the effect it had on J. Edgar Hoover, the legendary director of the FBI.

J. Edgar Hoover

Up to that point, Hoover had vigorously and vocally denied the existence of a nationwide Mafia.  He had been happy to leave pursuit of international narcotics traffickers to his hated rival, Harry Anslinger, director of the Federal Bureau of Narcotics (FBN).

But he had been careful to keep his own agency well out of the war on organized crime.

Several theories have been advanced as to why.

  1. Hoover feared that his agents–long renowned for their incorruptibility–would fall prey to the bribes  of well-heeled mobsters.
  2. Hoover feared that his allegedly homosexual relationship with his longtime associate director, Clyde Tolson, would be exposed by the Mob.  Rumors still persist that mobster Meyer Lansky came into possession of a compromising photo of Hoover and Tolson engaged in flagrante delicto.
  3. Hoover knew of the ties between moneyed mobsters and their political allies in Congress.  Hoover feared losing the goodwill of Congress for future–and ever-larger–appropriations for the FBI.
  4. Hoover preferred flashy, easily-solved cases to those requiring huge investments of manpower and money.

Whatever the reason, Hoover had, from the time he assumed directorship of the FBI in 1924, kept his agents far from the frontlines of the war against organized crime.

Suddenly, however, that was no longer possible.

The arrests of more than 60 known members of the underworld–in what the news media called “a conclave of crime”–deeply embarrassed Hoover.

It was all the more embarrassing that while the FBI had virtually nothing in its files on the leading lights of the Mafia, the Federal Bureau of Narcotics had opened its voluminous files to the Senate Labor Rackets Committee.

Heading that committee as chief legal counsel was Robert F. Kennedy–a fierce opponent of organized crime who, in 1961, would become Attorney General of the United States.

So Hoover created the Top Hoodlum Program (THP) to identify and target selected Mafiosi across the country.

Since the FBI had no networks of informants operating within the Mafia, Hoover fell back on a technique that had worked wonders against the Communist Party U.S.A.

He would wiretap the mobsters’ phones and plant electronic microphones (“bugs”) in their meeting places.

The information gained from these techniques would arm the Bureau with evidence that could be used to strongarm mobsters into “rolling over” on their colleagues in exchange for leniency.

Hoover believed he had authority to install wiretaps because more than one Attorney General had authorized their use.

But no Attorney General had given permission to install bugs–which involved breaking into the places where they were to be placed.  Such assignments were referred to within the Bureau as “black bag jobs.”

So, in making clear to his agent-force that he wanted an unprecedented war against organized crime, Hoover also made clear the following:

Before agents could install electronic surveillance (an ELSUR, in FBI-speak) devices in Mob hangouts, agents had to first request authority for a survey.  This would have to establish:

  1. That this was truly a strategic location;
  2. That the agents had a plan of attack that the Bureau could see was logical and potentially successful; and, most importantly of all
  3. That it could be done without any “embarrassment to the Bureau.”

According to former FBI agent William E. Roemer, Jr., who carried out many of these “black bag” assignments:

“The [last requirement] was always Mr. Hoover’s greatest concern: ‘Do the job, by God, but don’t ever let anything happen that might embarrass the Bureau.”

THE FIRST RULE OF BUREAUCRACIES

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on April 3, 2014 at 12:09 am

After spending years of his life sexually abusing boys entrusted into his care, Jerry Sandusky will likely spend the rest of his life as a prison inmate.

On October 9, 2012, a Pennsylvania judge sentenced the 68-year-old former Penn State assistant football coach to at least 30 years in prison.  And he may spend as many as 60 years behind bars.

Following his conviction on June 22, 2012, he had faced a maximum of 400 years’ imprisonment for his sexual abuse of 10 boys over a 15-year period.

Jerry Sandusky (middle) in police custody

After the sentencing decision was announced, Penn State University President Rodney Erickson released a statement:

“Our thoughts today, as they have been for the last year, go out to the victims of Jerry Sandusky’s abuse.

“While today’s sentence cannot erase what has happened, hopefully it will provide comfort to those affected by these horrible events and help them continue down the road to recovery.”

No doubt Erickson–and the rest of Penn State–waned to move on from this shameful page in the university’s history. And the university desperately tried to sweep the sordid scandal out of sight of the ticket-paying public–-and of history.

Among the steps it took:

  • Firing Joe Paterno, the legendary head football coach who had led Penn State to a staggering 112 victories;
  • Ousting Graham Spanier, the university’s longtime president; and
  • Removing the iconic statue of Paterno–long held in worshipful esteem by almost everyone at the football-obsessed institution.

So what remains to be learned from this sordid affair?

A great deal, it turns out.

To begin at the beginning:

In 2002, assistant coach Mike McQueary, then a Penn State graduate assistant, walked in on Sandusky anally raping a 10-year-old boy. The next day, McQueary reported the incident to head coach Paterno.

“You did what you had to do,” said Paterno. “It is my job now to figure out what we want to do.”

Paterno’s idea of “what we want to do” consisted of reporting the incident to three other top Penn State officials:

Their idea of “what we want to do” was to close ranks around Sandusky and engage in a diabolical “code of silence.”

As former FBI Director Louis J. Freeh summed up in an internal investigative report compiled at the request of Penn State and released on July 12, 2012:

“Four of the most powerful people at the Pennsylvania State University–-President Graham B. Spanier, Senior Vice President-Finance and Business Gary C. Schultz, Athletic Director Timothy M. Curley and Head Football Coach Joseph V. Paterno–-failed to protect against a child sexual predator harming children for over a decade.

“These men concealed Sandusky’s activities from the board of trustees, the university community and authorities.

Louis Freeh

Louis J. Freeh

“They exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

“… In order to avoid the consequences of bad publicity, the most powerful leaders at the University….repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities, the University’s Board of Trustees, the Penn State community, and the public at large.

“The avoidance of the consequences of bad publicity is the most significant, but not the only, cause for this failure to protect child victims and report to authorities.”

If there is a fundamental truth to be learned from this sordid affair, it is this:

The first rule of any and every bureaucracy is: Above all else, the institution must be protected.

And this holds true:

  • At the level of local / state / Federal government;
  • For-profit organizations;
  • Non-profit organizations; or
  • Religious institutions

During the 48-year reign of FBI Director J. Edgar Hoover, agents had their own version of this: Do not embarrass the Bureau.

Those who did were fired ot shipped to Hoover’s version of Siberia: A posting in remote Butte, Montana.

Within the Catholic Church, countless Catholic priests abusing young boys entrusted to their protection were repeatedly protected by their high-ranking superiors.

In private industry, whistleblowers who report rampant safety violations in nuclear power plants are often ignored by the very regulatory agencies the public counts on to prevent catastrophic accidents.

Imperfect institutions staffed by perfect men obsessed with power, money and fame–-and fearful of losing one or all of these–-can never be expected to act otherwise.

And those who do expect ordinary mortals to behave like extraordinary saints will be forever disappointed.

So how can we at least minimize such outrages in the future?

“Eternal vigilance is the price of freedom,” warned Thomas Jefferson.  And it remains as true today as it did more than 200 years ago.

Add to this the more recent adage: “Sunlight is the best disinfectant.”

The more we know about how our institutions actually work–-as opposed to how they want us to believe they work–-the more chance we have to control their behavior.

And to check their abuses when they occur.

Which they will.

FANATICS AS VICTIMS: PART TWO (END)

In Bureaucracy, Business, Law, Politics, Social commentary on March 3, 2014 at 3:51 pm

During the 12-year insanity of the Third Reich, Nazs labeled their acts of aggression as “self-defense.”  But they denounced acts of self-defense by others against Nazi assault or terror as “naked aggression.”

This remains the mindset and practice of American Right-wingers.

In Arizona, American Fascists had anticipated becoming victimizers of gays and lesbians.  But on February 26, Arizona Governor Jan Brewer dashed their hopes and vetoed Senate Bill 1062.

The legislation had been passed by the Republican-controlled State House and Senate.  It would have:

  • Allowed business owners to turn away gay and lesbian customers.
  • Allowed employers to deny equal pay to women.
  • Allowed individuals to renege on contract obligations.

And all of these actions would have been legally protected–so long as “sincere religious belief” was cited  as the reason.

American Rightists believed they had a God-given right to withhold their business services from gays and lesbians.

But they considered it unfair and even demonic for gays and their supporters to withhold monies from discriminatory Arizona businesses.

The Right had suffered a similar reversal-of-discrimination misfortune in 2012.

Karen Handel, vice president of public affairs for Susan G. Komen for the Cure, fashioned what she believed was a politically viable plan for Komen to pull its grant monies from Planned Parenthood (PP).

A fanatical anti-abortionist, she didn’t care that this money went entirely for breast cancer screenings for poor women.  She careed only that about 3% of all PP revenues went toward providing abortion services.

The official version, as put out by Handel and the top brass of Komen, went: “We’ve halted grants to Planned Parenthood because it’s under investigation by Congress for misuse of funds.”

Unfortunately for Komen, the public instantly saw through the lie.

Any crank in Congress can start an “investigation” into anything.

And PP was “under investigation” by a crank: Rep. Cliff Stearns (R-Fla.), chairman of the Energy and Commerce Subcommittee on Oversight and Investigations.

Stearns, a fanatical anti-abortionist, claimed he wanted to determine whether PP had spent public money on abortions over the last decade.

But Stearns didn’t hesitate to slander the patriotism of thousands of 9/11 “first responders”–the police, firefighters, construction workers and others who risked their lives to save their fellow Americans.

“First responders” at work at World Trade Center

He did so by demanding that they submit their names, birthplaces, addresses, government ID numbers and other personal data to the FBI to prove they were not terrorists. 

Only then could they receive federally-subsidized medical care for injuries caused by exposure to toxic dust and debris at the site.

Public outrage at Komen was immediate and overwhelming:

  •  More than 50 members of Congress signed letters asking Komen to reverse course.
  •  New York City Mayor Michael Bloomberg publicly rebuked Komen and pledged $250,000 to PP.
  • Approximately 37,000 people from all over the country signed a petition demanding Handel’s resignation.
  • PP raised nearly $3 million in contributions.

Reeling before this onslaught of criticism, Komen issued a statement: “We will continue to fund existing grants, including those of Planned Parenthood, and preserve their eligibility to apply for future grants.”

Having failed in their latest assault on women’s rights, the Right’s would-be predators now portrayed themselves as victims:

  • “The last time I checked,” Handel told Right-wing Fox News, “private non-profit organizations have a right and a responsibility to be able to set the highest standards and criteria on their own without interference, let alone the level of vicious attacks and coercion that has occurred by Planned Parenthood.  It’s simply outrageous.”
  • “Planned Parenthood campaigns to destroy anyone who questions them,” charged Marjorie Dannenfelser, president of the anti-abortion Susan B. Anthony List.
  • “Their attitude is that of an immature teenager with an enormous sense of entitlement.  This is just more proof that Planned Parenthood will pulverize anyone who dares to question them,” Dannenfelser said.
  • “What Planned Parenthood did to that venerable and honorable organization [Komen Foundation] is nothing less than a Mafia-style shakedown,” said Steven H. Aden, senior counsel for the Alliance Defense Fund.  The Fund bitterly opposes abortion, gay marriage, birth control and the separation of church and state.

Many conservatives correctly defended Komen’s right, as a private charitable organization, to give–or withhold–its money as it saw fit.

But these same conservatives refused to grant PP’s outraged supporters the same right: To withhold their own contributions from Komen. 

National Review’s Daniel Foster called the backlash to Komen “disgusting,” attacking PP and “the Left” for their “gangsterism.”

During the battle for Stalingrad, in 1942, a young German soldier named Wilhelm Hoffman was appalled that the Russians refused to surrender.  In his diary he wrote:

German soldiers at Stalingrad

“September 26. Our regiment is involved in constant heavy fighting. After the elevator was taken the Russians continued to defend themselves just as stubbornly.

“You don’t see them at all, they have established themselves in houses and cellars and are firing on all sides, including from our rear–barbarians, they use gangster methods. ….Stalingrad is hell….

What held true for German Fascists holds equally true for those in America: Oppose their efforts to enslave you–and you become a gangster.

FANATICS AS VICTIMS: PART ONE (OF TWO)

In Bureaucracy, Business, History, Law, Politics, Social commentary on February 28, 2014 at 12:05 am

Chicago radio host and former Illinois Republican Congressman Joe Walsh knows why Arizona Governor Jan Brewer vetoed Arizona Senate Bill 1062.

“The LGBT community has become nothing more than a group of constitutional terrorists,” tweeted Walsh.

Nor was that all Walsh had to say on Twitter.

“Stop saying she vetoed an ‘anti-gay bill.’  Stop distorting reality to advance your liberal agenda, media.”

“ObamasAmerica, where Christians must participate in gay weddings and Catholics forced to pass out birth control like communion.”

Joe Walsh

The legislation had been passed by the Republican-controlled State House and Senate.  It would have:

  • Allowed business owners to turn away gay and lesbian customers.
  • Allowed employers to deny equal pay to women.
  • Allowed individuals to renege on contract obligations.

And all of these actions would have been legally protected–so long as “sincere religious belief” was cited  as the reason.

The legislation was written by the Right-wing advocacy group Center for Arizona Policy and the Christian legal organization, Alliance Defending Freedom.

Gays and their supporters reacted by threatening a legal business and tourism boycott of Arizona.  And the business community and its supporters, alarmed, took notice:

  • Large businesses–such as Apple, American Airlines, AT&T, Delta Airlines, Verizon and Intel–publicly opposed the measure.
  • With Super Bowl XLIX scheduled to be played in 2015 at the University of Phoenix Stadium in Glendale, Ariz., the Arizona Super Bowl Host Committee expressed concerns.
  • Arizona’s United States Senators John McCain and Jeff Flake publicly urged Brewer to veto the measure, citing worries about the economic impact on the state’s businesses.

Faced with a choice between monetary greed and ideological fanaticism, Governor Brewer chose to veto the legislation–and forestall a costly boycott.

During the 12-year insanity of the Third Reich, Nazis labeled their acts of aggression as “self-defense.”  But they denounced acts of self-defense by others against Nazi assault or terror as “naked aggression.”

American Fascists who anticipated becoming victimizers now similarly claim themselves to be victims.  Among their rants:

  • “CNN led full court media press to take away rights of Christians. Just the beginning. Using tolerance as weapon against us. Wake up.”  –John Nolte (@NolteNC)
  • “Not sure what the GOP stands for when it stands against religious freedom out of pure fear of political correctness.”  –Ben Shapiro (@benshapiro)
  • “Arizona Gov. Jan Brewer makes Christians in her state second class citizens.” –toddstarnes (@toddstarnes)
  • “A sad day for Arizonans who cherish and understand religious liberty.” –The Center for Arizona Policy 
  • “Freedom loses when fear overwhelms facts and a good bill is vetoed. Today’s veto enables the foes of faith to more easily suppress the freedom of the people of Arizona.”  –Alliance Defending Freedom

American Rightists believed they had a God-given right to withhold their business services from gays and lesbians.

But they considered it unfair and even demonic for gays and their supporters to withhold monies from discriminatory Arizona businesses.

The Right had suffered a similar reversal-of-discrimination misfortune in 2012.

Karen Handel, vice president of public affairs for Susan G. Komen for the Cure, had it all worked out.

She had fashioned what she believed was a politically viable plan for Komen to pull its grant monies from Planned Parenthood (PP).

Karen Handel

She didn’t care that this money went entirely for breast cancer screenings for poor women.  What she did care about was that about 3% of all PP revenues went toward providing abortion services.

Since being hired by Komen as vice president of public affairs, in April, 2011, Handel had been pushing to drop PP from grants.  More than anyone else at Komen, she was the driving force behind the decision.

And why not?  She had promised to de-fund PP during her failed 2010 campaign for governor of Georgia.

She believed that:

  • she could strip PP of future grants from the Komen Foundation, and
  • make the decision look as if it resulted from a legitimate tightening of eligibility criteria.

The official version, as put out by Handel and the top brass of Komen, went: “We’ve halted grants to Planned Parenthood because it’s under investigation by Congress for misuse of funds.”

Unfortunately for Komen, the public instantly saw through the lie.  And the results for Komen were as devastating as those that threatened to engulf Arizona two years later.

WHY SO MANY PEOPLE DISTRUST GOVERNMENT

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on February 13, 2014 at 3:51 pm

In 2005, Rahinah Ibrahim, a Malaysian architect, was placed on the United States Government’s No-Fly list, operated by the Terrorist Screening Center.

It wasn’t because she was a member of Al Qaeda.  It happened because of an FBI screw-up.

The mess started in January 2005, when Ibrahim and her 14-year-old daughter arrived at the San Francisco Airport.  Their destination: Hawaii, to attend a conference trip sponsored by Stanford.

Ibrahim, still recovering from a recent hysterectomy, was in a wheelchair.

When she approached the United Airlines counter to check in, she was seized, handcuffed, thrown in the back of a police car and taken to a holding cell.

There she was interrogated.  During this, paramedics had to be summoned because she hadn’t taken her surgery medication.

Then, to her surprise, she was released–and told that her name had been removed from the No-Fly list.  She boarded a flight to Hawaii and attended the conference.

But in March 2005, the situation suddenly changed.

Having returned to Malasia, she bought a ticket to fly back to California to meet with her Stanford thesis adviser. But at the airport, she was banned from the flight.

She was told that her student visa had been revoked, and that she would longer be let into the United States.  When she asked why, authorities refused to give a reason.

She would not learn the answer for another eight years.

An FBI agent in San Jose, California, had conducted a background check on Ibrahim.  He hadn’t meant to place her on theNo-Fly list.

FBI Headquarters in Washington, D.C.

He had simply checked the wrong boxes on a form.  He didn’t even realize the mistake until nearly a decade later, during his deposition in 2013.

In fact, he filled out the form exactly the opposite way from the instructions provided on the form. He did so even though the form stated, “It is recommended that the subject NOT be entered into the following selected terrorist screening databases.”

Thus, Ibrahim was placed on the No-Fly list.

That was bad enough–but at least understandable. FBI agents are human, and can and do err like anyone else.

What is not understandable or tolerable is this:

After Ibrahim filed a lawsuit against the United States Government in 2006, the Justice Department ordered a coverup–to prevent word from leaking that one of its agents had made a mistake.

Moreover, Ibrahim was ordered by the Justice Department to not divulge to anyone that she was suing the United States Government–or the reason for the lawsuit.

Ibrahim is currently the dean of architecture at University Putra Malaysia.

Because the Justice Department refused to admit its mistake, attorneys working pro bono for Ibrahim incurred a reported $3.8 million in legal fees, as well as $300,000 in litigation costs.

In his recent decision on the case, U.S. District Judge William Alsup, based in San Francisco, called the agent’s error “conceded, proven, undeniable and serious.

Once derogatory information is posted to the Terrorist  Screening Database, it can propagate extensively through the  government’s interlocking complex of databases, like a bad credit  report that will never go away,” he wrote.

If only the Justice Department had readily admitted the mistake and quickly moved to correct it.  But the egos of Federal law enforcement agents and prosecutors effectively ruled out this option.

Robert Gates, who served as Secretary of Defense under Presidents George W. Bush and Barack Obama (2006-2011) had a completely different approach to dealing with mistakes.

In his new autobiography, Duty, he writes of his determination to promote good relations between the Pentagon and the reporters who covered it.

In his commencement address at the Anapolis Naval Academy on May 25, 2007, he said:

“…the press, in my view [is] a critically important guarantor of our freedom.

“When it identifies a problem, the response of senior leaders should be to find out if the allegations are true.  And if so, say so, and then act to remedy the problem.

“If [the allegations are] untrue, then be able to document that fact.”

Millions of Americans not only distrust the Federal Government–they believe it is aggressively conspiring against them.

But the vast majority of Federal employees do not come to work intent on destroying the lives of their fellow Americans.

They spend most of their time carrying out routine, often mind-numbing tasks–such as filling out what seem like an endless series of forms.

But even where no malice is involved, their actions can have devastating consequences for innocent men and women.

Especially in cases where “national security” can be invoked to hide error, stupidity, or even criminality.

The refusal of the Justice Department to quickly admit the honest mistake of one of its agents prevented Ibrahim from boarding a commercial flight for seven years.

Federal agencies should follow the advice given by Robert Gates:  Admit your mistakes and act quickly to correct them. 

Unless this happens, the poisonous atmosphere of distrust between the Government and its citizens will only worsen.