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SMITE THE RIGHT: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on May 3, 2021 at 1:24 am

On March 2, FBI Director Christopher Wray condemned the January 6 attack on the U.S. Capitol as “domestic terrorism.”

He did so while testifying before the Senate Judiciary Committee, which was investigating how the attack happened and what could be done to prevent such future attacks.

“Unfortunately, January 6 was not an isolated event,” Wray said. “The problem of domestic terrorism has been metastasizing across the country for a long time now, and it’s not going away anytime soon.”

He said the number of FBI domestic terrorism investigations had doubled since he took office in 2017 to more than 2,000. The number of investigations into white supremacists had tripled, while the number of probes into anarchist extremists had risen significantly as well.

Wray also said the FBI had found no evidence to support the Right-wing lie that the attack on the Capitol was staged by left-wing extremists such as Antifa to try to frame Trump supporters.

More than 400 people have been charged in connection with the insurrection.Yet Trump—who instigated the attack for two months—remains unindicted. 

Chart: U.S. Hate Crimes At Highest Level In Over A Decade | Statista

Right-wing terrorism has a long history in America:

  • The Supreme Court’s decision, in Brown v. Board of Education(1954), striking down segregated facilities, unleashed a wave of Ku Klux Klan violence against blacks, civil rights activists and Jews.
  • Between 1956 and 1963, an estimated 130 bombings ravaged the South.
  • During the 1980s, more than 75 Right-wing extremists were prosecuted in the United States for acts of terrorism, carrying out six attacks.
  • The April 19, 1995 attack on the Alfred P. Murrah Federal Building in Oklahoma City by Timothy McVeigh and Terry Nichols killed 168 people. It was the deadliest act of domestic terrorism in the history of the United States until 9/11.
  • By 2020, Right-wing terrorism accounted for the majority of terrorist attacks and plots in the United States.
  • A 2017 Government Accountability Office report stated that Right-wing extremist groups were responsible for 73% of violent extremist incidents resulting in deaths since September 12, 2001.
  • Right-wing violence rose sharply during the Barack Obama administration and especially during that of Donald Trump. His remark after the 2017 Unite the Right rally in Charlottesville, Virginia, that there were “some very fine people on both sides” convinced white supremacists that he favored their goals, if not their methods.

After 9/11, American law enforcement and Intelligence agencies initiated major reforms to focus on Islamic terrorism.

A similar reform effort, focusing on Right-wing terrorism, could include the following:

  • The FBI’s designating Right-wing political and terrorist groups as the Nation’s #1 enemy.
  • Turning the Bureau’s powerful arsenal—bugs, wiretaps, informants, SWAT teams—on them.
  • Prosecuting militia groups for violating Federal firearms laws. Using Federal anti-terrorist laws to arrest, prosecute and imprison Right-wingers who openly carry firearms and threaten violence, even if states allow such display of firearms. 

Federal Bureau of Investigation's seal

FBI seal

  • Creating TIT (Turn in a Traitor) hotlines for reporting illegal Right-wing activities—and offering rewards for information that leads to arrests.
  • Treating calls for the murder of members of Congress—as Georgia Representative Marjorie Taylor Greene has done—as felonies punishable by  a minimum of at least 20 years’ imprisonment.
  • Prosecuting Right-wing leaders involved in the treasonous attempt to overthrow the United States in the Capitol Building attack.
  • Such prosecutions should include Donald Trump as the chief inciter for the treasonous attack on the Capitol Building on January 6.
  • Prosecuting as “accessories to treason” all those Republican members of Congress who stoked Right-wing anger by lying that the 2020 Presidential election had been stolen from Donald Trump, although every objective news source proved he had lost.
  • Directing the Treasury Department’s Terrorist Finance Tracking Program (TFTP) at fundamentalist Christian churches that finance Right-wing terrorism—just as it halts the financing of Islamic terrorist groups by Islamic organizations.

Money stack | Money stacks, Money images, Money cash

  • Using drones, planes and/or helicopters to provide security against similar Right-wing terror demonstrations—especially in Washington, D.C.
  • Using the Federal Communications Commission to ban Fox News—the Nation’s #1 Right-wing propaganda network—from representing itself as a legitimate news network, and requiring that its stories carry labels warning viewers: “This is Right-wing propaganda, NOT news.”
  • Encouraging victims of Right-wing hate-speech—such as the parents of murdered children at Sandy Hook Elementary School—to file libel/slander lawsuits against their abusers.
  • Seizing the assets of individuals and organizations found guilty of Right-wing terrorism offenses. 

* * * * * * * * * *

Of all the reforms offered here, prosecuting Donald Trump for treason would prove the most significant.

The 75,000,000 Americans who voted to give him a second term still look to him for leadership. As do the majority of Republicans in the House and Senate.

Senate Republicans refused to convict him in his second impeachment trial—just as they refused in the first. Their excuse: “It’s unconstitutional to impeach a former President.”

But a former President can still be prosecuted for crimes he committed while in office—just as a former Senator or Supreme Court Justice can.

Whatever the outcome, this would send an unmistakable message to Right-wing terrorists: “Your days of immunity are over—and you will be held accountable for your terrorist acts, just as Islamic terrorist groups are.”

SMITE THE RIGHT: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on April 30, 2021 at 12:08 am

On September 11, 2001, 19 Islamic terrorists snuffed out the lives of 3,000 Americans in New York, Washington, D.C. and Pennsylvania. 

They did so by turning four commercial jetliners into fuel-bombs—and crashing them into, respectively, the Twin Towers of the World Trade Center in New York City; the Pentagon, in Washington, D.C.; and—unintentionally—a field in Somerset County, Pennsylvania.

World Trade Center – September 11, 2001

But within less than a month, American warplanes began carpet-bombing Afghanistan, whose rogue Islamic “government” refused to surrender Osama bin Laden, the Al-Qaeda mastermind of the attacks.

By December, 2001, the power of the Taliban was broken—and bin Laden was driven into hiding in Pakistan.

For more than 16 years, the United States—through its global military and espionage networks—relentlessly hunted down most of those responsible for that September carnage.

On May 1, 2011, U.S. Navy SEALS invaded bin Laden’s fortified mansion in Abbottabad, Pakistan—and shot him dead.

And today—almost 20 years after the 9/11 attacks, the United States continues to wage war against Islamic terrorists. 

On January 6, the United States suffered another spectacular terrorist attack—this time launched by Right-wing Americans.

Thousands of Fascistic supporters of President Donald J. Trump—many of them armed—stormed and ransacked the Capitol Building in Washington, D.C.  Five people—including a Capitol Hill policeman—were killed.

The insurrectionists’ goal: To stop members of Congress from counting Electoral Votes cast in the 2020 Presidential election, from which former Vice President Joseph R. Biden was expected to emerge the winner.

For Trump—who had often “joked” about becoming “President-for-Life”—that Biden had won the election was intolerable. And it must be prevented by any means—legal or otherwise. 

U.S. Congress Under Attack, Trump Supporters Enter Capitol Building - YouTube

After overwhelming the Capitol Police force, the Stormtrumpers damaged and occupied parts of the building for three hours. Legislators huddled fearfully while National Guard units from several states finally evicted the insurrectionists.  

The Capitol attack marked the first time in American history a defeated Presidential candidate violently sought to remain in office.

It should also mark a desperately-needed change in the priorities of American law enforcement, which has traditionally focused on Left-wingers—and especially blacks—as the country’s mortal enemies. 

Numerous commentators have noted the contrast between the tepid police response to the Capitol attack by white Right-wingers and the brutal crackdown on peaceful blacks protesting the murder of George Floyd in Washington D.C. on June 1, 2020.

U.S. Park Police and National Guard troops used tear gas, rubber bullets, flash-bang grenades, horses, shields and batons to clear protesters from Lafayette Square—so Trump could stage a photo-op at St. John’s Episcopal Church. 

It’s time for American law enforcement and Intelligence agencies to wage all-out war on Right-wing terrorism—and those Republican voters and Congressional members who support it.

On March 2, FBI Director Christopher Wray testified before the United States Senate Judiciary Committee on the Capitol attack and the growing challenges of Right-wing terrorism.

Chris Wray official photo.jpg

Christopher Wray

The hearing came as the FBI continues to make near daily arrests related to the riot. So far, more than 300 people have been hit with a variety of charges, from trespassing to conspiracy against the government.

According to PBS Newshour Correspondent Lisa Desjardins:

“[On March 1] federal prosecutors filed a revealing document in the case against Proud Boy leader Ethan Nordean, seen here with a megaphone on January 6. This charges that he and other Proud Boys raised money and collected protective gear weeks ahead.

“On January 6, prosecutors allege, they used high-tech radios to communicate and purposely dressed incognito, no Proud Boy colors or clothing. This, prosecutors say, was to help with their plan to turn others in the crowd, who they called normies or normiecons, to join them in violent attack.”

Wray was appointed FBI director in 2017, after Trump purged James Comey for refusing to become his personal KGB chief. Wray himself had been marked for dismissal because he refused to agree with Trump’s false claims of widespread voter fraud during the 2016 Presidential election.

Only Trump’s loss to Joe Biden had prevented a similar purge of Wray.

Referring to Right-wing terrorists, Wray warned: “They don’t have a formal membership in an organization. They don’t have clear command control and direction, in the way that, say, an al-Qaida sleeper cell might have. And  that’s much more challenging to pursue.” 

From Trump on down, Republicans have tried hard to convince Americans that it was Antifa—not Right-wing Stormtrumpers—who brutally attacked Capitol police and threatened the lives of Congressional lawmakers.

Their goal: To absolve Trump and put the blame on Antifa.

There are three problems with that assertion:

  1. The insurrectionists’ carried out their attack amidst a sea of red MAGA caps and blue and white “TRUMP” flags.
  2. There was not a black face to be seen in the mob—all were white.
  3. Numerous videos recorded rioters’ saying they were acting on orders from their President.

On March 2, Senator Richard Durbin (D-Illinois) asked FBI Director Christopher Wray: “Do you have any evidence that the Capitol attack was organized by—quote—‘fake Trump protesters’?”

To which Wray replied: “We have not seen evidence of that at this stage, certainly.”

BRING THE WAR ON TERROR HOME: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on February 4, 2021 at 12:08 am

According to American political scientist George Michael: “Right-wing terrorism and violence has a long history in America.”

The Supreme Court’s decision, in Brown v. Board of Education (1954), striking down segregated facilities, unleashed a wave of Ku Klux Klan violence against blacks, civil rights activists and Jews. Between 1956 and 1963, an estimated 130 bombings ravaged the South. 

File:KKK-Flag.svg - Wikimedia Commons

Ku Klux Klan flag

During the 1980s, more than 75 Right-wing extremists were prosecuted in the United States for acts of terrorism, carrying out six attacks.

The April 19, 1995 attack on the Alfred P. Murrah Federal Building in Oklahoma by Timothy McVeigh and Terry Nichols killed 168 people. It was the deadliest act of domestic terrorism in the history of the United States until 9/11.

By 2020, Right-wing terrorism accounted for the majority of terrorist attacks and plots in the United States. A 2017 Government Accountability Office report stated that Right-wing extremist groups were responsible for 73% of violent extremist incidents resulting in deaths since September 12, 2001.

Right-wing violence rose sharply during the Barack Obama administration and especially during the Presidency of Donald Trump. His remark after the 2017 Unite the Right rally in Charlottesville, Virginia, that there were “some very fine people on both sides” convinced white supremacists that he favored their goals, if not their methods.

On January 6, 2021, thousands of Right-wing Trump supporters—many of them armed—stormed the Capitol Building in Washington, D.C.

U.S. Congress Under Attack, Trump Supporters Enter Capitol Building - YouTube

Their goal: To stop members of Congress from counting Electoral Votes cast in the 2020 Presidential election, from which former Vice President Joseph R. Biden was expected to emerge the winner. 

After overwhelming the Capitol Police force, they damaged and occupied parts of the building for several hours. Legislators huddled fearfully while National Guard units from several states finally evicted the insurrectionists.  

The Capitol attack marked the first time in American history when a defeated Presidential candidate violently sought to remain in office.

It may also mark a desperately-needed change in the priorities of American law enforcement, which has traditionally focused on Left-wingers—and especially blacks—as the country’s mortal enemies. 

Numerous commentators have noted the contrast between the tepid police response to the Capitol attack by white Right-wingers and the brutal crackdown on peaceful liberal blacks protesting the murder of George Floyd in Washington D.C. on June 1, 2020.

U.S. Park Police and National Guard troops used tear gas, rubber bullets, flash-bang grenades, horses, shields and batons to clear protesters from Lafayette Square—so Trump could stage a photo-op at St. John’s Episcopal Church. 

After 9/11, American law enforcement and Intelligence agencies initiated major reforms to focus on Islamic terrorism.

A similar reform effort, focusing on Right-wing terrorism, could include the following:

  • The FBI’s designating Right-wing political and terrorist groups as the Nation’s #1 enemy.
  • Turning the Bureau’s powerful arsenal—bugs, wiretaps, informants, SWAT teams—on them.
  • Prosecuting militia groups for violating Federal firearms laws. 
  • Using Federal anti-terrorist laws to arrest, prosecute and imprison Right-wingers who openly carry firearms and threaten violence, even if states allow such display of firearms. 

FBI SWAT Team Training - YouTube

FBI SWAT member

  • Creating tip hotlines for reporting illegal Right-wing activities—and offering rewards for information that leads to arrests.
  • Treating calls for the murder of members of Congress—as Georgia Representative Marjorie Taylor Greene has done—as felonies punishable by lengthy imprisonment.
  • Prosecuting Right-wing leaders involved in the treasonous attempt to overthrow the United States in the Capitol Building attack.
  • Prosecuting as “accessories to treason” all those Republican members of Congress who stoked Right-wing anger by lying that the 2020 Presidential election had been stolen from Donald Trump, although every objective news source proved he had lost.
  • Directing the Treasury Department’s Terrorist Finance Tracking Program (TFTP) at fundamentalist Christian churches that finance Right-wing terrorism—just as it halts the financing of Islamic terrorist groups by Islamic organizations.

Related image

  • Using drones, planes and/or helicopters to provide security against similar Right-wing terror demonstrations—especially in Washington, D.C.
  • Using the Federal Communications Commission to ban Fox News—the Nation’s #1 Right-wing propaganda network—from representing itself as a legitimate news network, and requiring that its stories carry labels warning viewers: “This is Right-wing propaganda, NOT news.”
  • Encouraging victims of Right-wing hate-speech—such as the parents of murdered children at Sandy Hook Elementary School—to file libel/slander lawsuits against their abusers.
  • Seizing the assets of individuals and organizations found guilty of Right-wing terrorism offenses. 

Such an overhaul would almost certainly include the Justice Department indicting and prosecuting Donald Trump for inciting the treasonous attack on the Capitol Building on January 6.

The 75,000,000 Americans who voted to give him a second term still look to him for leadership. As do the majority of Republicans in the House and Senate. 

It is a certainty that Senate Republicans will refuse to convict him in his second impeachment trial—just as they refused in the first. They have already offered their excuse: “It’s unconstitutional to impeach a former President.”

But as a former President, he can still be prosecuted for crimes he committed while in office—just as a former Senator or Supreme Court Justice can. 

Whatever the outcome, this would send an unmistakable message to Right-wing terrorists: Your days of immunity are over—and you will be held accountable for your terrorist acts, just as Islamic terrorist groups are. 

BRING THE WAR ON TERROR HOME: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on February 3, 2021 at 12:10 am

Before 9/11, the United States did not attack Islamic terrorism in a coordinated basis.

In the October 4, 2001 episode of the PBS investigative series, “Frontline,” legendary journalist Bob Woodward described the results that followed:

“These terrorist incidents—they used the tools that were available, but it was never in a coherent way. I know from talking to those people at the time, it was always, ‘Oh, we’ve got this crisis. We’re dealing with the Achille Lauro now,’ or ‘We’re dealing with Quaddafi,’ or ‘We’re dealing with Libyan hit squads,’ or ‘We’re dealing with Beirut.’

“And it never—they never got in a position where they said, ‘You know, this is a real serious threat,’ not just episodically, but it’s going to be a threat to this country throughout the administration, future administrations.

“We need to organize to fight it. It can’t be a back-bench operation for the FBI and the CIA. It’s got to be somebody’s issue, so it’s on their desk every day. What do we know? What’s being planned? What are the threats out there?”

Bob Woodward (@realBobWoodward) | Twitter

Bob Woodward

The 1993 attack on the World Trade Center well illustrates what Woodward was talking about. 

On February 26, 1993, a truck bomb detonated below the North Tower of the World Trade Center in New York City. The 1,336 pound urea nitrate-hydrogen device was supposed to topple the North Tower into the South Tower, bringing down both towers and killing tens of thousands of people.

It failed to do so, but killed six people, and injured over 1,000. 

The attack was planned by a group of Islamic terrorists including Ramzi Yousef, Mohammed Salameh, Abdul Rachman Yasin, Mahmud Abouhalima, Ahmed Ajaj and Nidal A. Ayyad.

They received financing from Khalid Sheikh Mohammed, who later became the principal financier of the 9/11 attacks.

Instead of treating this as a declaration of Islamic war upon the United States, the newly-installed Bill Clinton administration chose to consider it a purely criminal matter.

In March 1994, four men were convicted of carrying out the bombing: Abouhalima, Ajaj, Ayyad, and Salameh. The charges included conspiracy, explosive destruction of property, and interstate transportation of explosives.

In November 1997, two more were convicted: Yousef, the organizer behind the bombings, and Eyad Ismoil, who drove the truck carrying the bomb.

On September 11, 2001, 19 Islamic terrorists snuffed out the lives of 3,000 Americans in New York, Washington, D.C. and Pennsylvania. 

They did so by turning four commercial jetliners into fuel-bombs—and crashing them into, respectively, the Twin Towers of the World Trade Center in New York City; the Pentagon, in Washington, D.C.; and—unintentionally—a field in Somerset County, Pennsylvania.

(The fourth airliner had been aimed at the White House or the Capitol Building. But its passengers, alerted by radio broadcasts of the doom awaiting them, resolved to take over the plane instead. The hijackers slammed the jet into the ground to avoid capture.)

World Trade Center – September 11, 2001

But within less than a month, American warplanes began carpet-bombing Afghanistan, whose rogue Islamic “government” refused to surrender Osama bin Laden, the had of Al-Qaeda who had masterminded the attacks.

By December, 2001, the power of the Taliban was broken—and bin Laden was driven into hiding in Pakistan.

For more than 16 years, the United States—through its global military and espionage networks—relentlessly hunted down most of those responsible for that September carnage.

On May 1, 2011, U.S. Navy SEALS invaded bin Laden’s fortified mansion in Abbottabad, Pakistan—and shot him dead.

And today—almost 20 years after the 9/11 attacks, the United States continues to wage war against Islamic terrorists. 

One by one, the leading figures of Taliban, Haqqani and Al-Qaeda have been identified, located with help from coerced or paid-off informants, and targeted for drone strikes. Taking a leadership position in any of these—or other—Islamic terrorist groups has become virtually a death-sentence.

An MQ-9 Reaper drone operated by the US military fires a Hellfire missile. Being there so you don't have to. | Military drone, Drone, Unmanned aerial vehicle

A Predator drone

Nor is the Pentagon the only agency targeting Islamic terrorism. After 9/11, the Treasury Department initiated the Terrorist Finance Tracking Program (TFTP) to identify, track, and pursue terrorists and their networks.

The program tracks terrorist money flows, assists in uncovering terrorist cells and mapping terrorist networks within the United States and abroad. 

Yet another result of 9/11 was increased cooperation between the FBI and the CIA.

The CIA’s mandate, prior to the September 11 attacks, had been to target foreign enemies. The FBI’s mandate had been to target domestic ones. 

This often brought the two agencies into bureaucratic conflict when confronting foreign-based or -financed terrorists. Neither agency was certain where its jurisdiction ended and the other one’s began.

The 9/11 attacks forced the FBI and CIA—and, even more importantly, Congress—to recognize the need for sharing information.  

Almost 20 years after the devastating attacks of September 11, no Islamic terrorist group has mounted a similar one in the United States.  

But on January 6, thousands of Right-wing supporters of President Donald J. Trump—many of them armed—stormed the Capitol Building in Washington, D.C.

Inside, members of Congress were counting Electoral Votes cast in the 2020 Presidential election. Former Vice President Joseph R. Biden was expected to emerge the winner.  

For Trump—who had often “joked” about becoming “President-for-Life”—this was intolerable. And it must be prevented by any means—legal or otherwise.

A REALISTIC PORTRAYAL OF POLICE CORRUPTION—AND JUSTICE

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 29, 2020 at 1:19 pm

Almost 40 years later, “Prince of the City” remains that rarity—a movie about big-city police that:

  • Tells a dramatic (and true) story; and
  • Offers serious truths about how police and prosecutors really operate. 

Released in 1981, it’s based on the real-life case of NYPD Detective Robert Leuci (“Danny Ciello” in the film). 

Robert Leuci (“Danny Ciello” in “Prince of the City”)

A member of the elite Special Investigating Unit (SIU) targeting high-level narcotics dealers, Ciello (played by Treat Williams) volunteers to work undercover against rampant corruption among narcotics agents, attorneys and bail bondsmen. 

His motive appears simple: To redeem himself and the NYPD from the corruption he sees everywhere: “These people we take from own us.” 

His only condition: “I will never betray cops who’ve been my partners.” 

And Assistant U.S. Attorney Rick Cappalino assures Ciello: “We’ll never make you do something you can’t live with.” 

As the almost three-hour movie unfolds, Ciello finds—to his growing dismay—that there are a great many things he will have to learn to live with. 

Treat Williams as “Danny Ciello”

Although he doesn’t have a hand in it, he’s appalled to learn that Gino Moscone, a former buddy, is going to be arrested for taking bribes from drug dealers. 

Confronted by a high-ranking agent for the Federal Drug Enforcement Agency, Moscone refuses to “rat out” his buddies. Instead, he puts his service revolver to his head and blows out his brains.  

Ciello is devastated, but the investigation—and film—must go on. 

Along the way, he’s suspected by a corrupt cop and bail bondsman of being a “rat” and threatened with death. 

He’s about to be wasted in a back alley when his cousin—a Mafia member—suddenly intervenes. The Mafioso tells Ciello’s would-be killers: “You’d better be sure he’s a rat, because people like him.”

At which point, the grotesquely fat bail bondsman—who has been demanding Ciello’s execution—pats Danny on the arm and says, “No hard feelings.”

It is director Sidney Lumet’s way of graphically saying: “Sometimes the bad guys can be good guys—and the good guys can be bad guys.”

Prince Of The City folded.jpg

Lumet makes it clear that police don’t always operate with the Godlike efficiency of cops in TV and films. It’s precisely because his Federal backup agents lost him that Ciello almost became a casualty.  

In the end, Ciello becomes a victim of the prosecutorial forces he has unleashed.  Although he’s vowed to never testify against his former partners, Ciello finds this is a promise he can’t keep.

Too many of the cops he’s responsible for indicting have implicated him of similar—if not worse—behavior. He’s even suspected of being involved in the theft of 450 pounds of heroin (“the French Connection”) from the police property room.

A sympathetic prosecutor—Mario Vincente in the movie, Rudolph Giuliani in real-life—convinces Ciello that he must finally reveal everything he’s done.

Ciello had originally claimed to have done “three things” as a corrupt narcotics agent. By the time his true confessions are over, he’s admitted to scores of felonies.

Ciello then tries to convince his longtime SIU partners to do the same. One of them commits suicide.  Another tells Ciello to screw himself:  “I’m not going to shoot myself and I’m not going to rat out my friends.”

To his surprise, Ciello finds himself admiring his corrupt former partner for being willing to stand up to the Federal case-agents and prosecutors demanding his head.

The movie ends with a double dose of irony.

First: Armed with Ciello’s confessions, an attorney whom Ciello had successfully testified against appeals his conviction. But the judge rules Ciello’s admitted misdeeds to be “collateral”—apart from the main evidence in the case—and affirms the conviction.

Second: Ciello is himself placed on trial—-of a sort. A large group of assistant U.S. attorneys gathers to debate whether their prize “canary” should be indicted. If he is, his confessions will ensure his conviction.

Some prosecutors argue forcefully that Ciello is a corrupt law enforcement officer who has admitted to more than 40 cases of perjury—among other crimes. How can the government use him to convict others and not address the criminality in his own past?

Other prosecutors argue that Ciello voluntarily risked his life—physically and professionally—to expose rampant police corruption. He deserves a better deal than to be cast aside by those who have made so many cases through his testimony.

Eventually, the U.S. Attorney for the Southern District of New York makes his decision: “The government declines to prosecute Detective Daniel Ciello.”

It is Lumet’s way of showing that the decision to prosecute is not always an easy or objective one.

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy. 

A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”  And he walks out.

Is Danny Ciello a hero, a villain, or some combination of the two? It’s with this ambiguity that the film ends—an ambiguity that infuses America’s clearly hopeless “war on drugs.”

THE WITNESS IS THE ENEMY: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 12, 2019 at 12:07 am

Donald Trump has a longstanding hatred of whistleblowers when they betray his crimes and follies. But he feels completely different about “flippers” when their revelations serve his interests.

On July 22, 2016, Wikileaks released 19,252 emails and 8,034 attachments hacked from computers of the highest-ranking officials of the Democratic National Committee (DNC).

Related image

The leak revealed a DNC bias for Hillary Clinton and against her lone challenger, Vermont United States Senator Bernie Sanders. Clinton, who was about to receive the Democratic nomination for President, was thoroughly embarrassed. Sanders’ supporters were enraged.

Presidential candidate Trump’s reaction:

  • “WikiLeaks, I love WikiLeaks.”
  • “This WikiLeaks stuff is unbelievable. It tells you the inner heart, you gotta read it.” 
  • This WikiLeaks is like a treasure trove.”
  • “WikiLeaks just came out with a new one just a little while ago it’s just been shown that a rigged system with more collusion, probably illegal, between the Department of Justice the Clinton campaign and the State Department, you saw that.”

But now Trump has reverted to his longtime hatred of “leakers.”

In July, 2019, he told his acting chief of staff, Mick Mulvaney, to withhold almost $400 million in promised military aid for Ukraine, which faces increasing aggression from Russia.

On July 25, Trump telephoned Ukrainian President Volodymyr Zelensky to “request” a “favor”: Investigate Democratic Presidential Candidate Joe Biden and his son, Hunter, who has had business dealings in Ukraine.

The reason for such an investigation: To find embarrassing “dirt” on Biden.

Biden 2013.jpg

Joe Biden

But then a CIA whistleblower filed a complaint about the extortion attempt—and the media and Congress soon learned of it. 

Rep. Adam Schiff (D-Calif.) tweeted: “The transcript of the call reads like a classic mob shakedown: — We do a lot for Ukraine — There’s not much reciprocity — I have a favor to ask — Investigate my opponent — My people will be in touch — Nice country you got there. It would be a shame if something happened to her.”

On September 24, 2019, Nancy Pelosi, speaker to the House of Representatives, announced a formal impeachment inquiry into Trump.

On September 26, Trump told a private group at a midtown hotel: “I want to know who’s the person, who’s the person who gave the whistleblower the information? Because that’s close to a spy.

“You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.” 

Image result for Official White House photos of Donald Trump

Trump can’t refute the sheer number of witnesses who have testified to his extortion attempt on Ukraine. So he now seeks to shift blame to the person who originally testified to his extortion.

On November 6, his son, Donald, Jr., tweeted out an article which might—or might not—have contained the name of the Intelligence community whistleblower.

A Trump shill later claimed that Trump hadn’t known about his son’s efforts to attack that official.

The law firm, Kohn, Kohn & Colapinto, LLP, called on Attorney General William Barr to open a criminal investigation into any leaks of the whistleblower’s identity. 

“As attorneys representing whistleblowers for over 35-years we are extremely concerned about the nation-wide ‘chilling effect’ the disclosure of the identity of any intelligence community whistleblower will necessary cause. Whistleblowers need to reassurance that the laws protecting them will be strictly enforced. 

“If the [whistleblower’s] name is revealed by any person, including Donald Trump, Jr., we hereby request that the persons engaging in this obstruction of justice be immediately arrested.” 

Yet Barr, as Trump’s handpicked Attorney General, has so far refused to take any action against those in violation of whistleblower statutes. 

The Occupational Safety and Health Administration (OSHA) enforces the provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace-related laws.

Image result for official seal of osha

According to a 2002 amendment to the federal retaliation statute:

“Whoever knowingly, with intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.”

These forbid an employer to fire, lay off, threaten, reduce pay or hours, blacklist, demote, deny overtime, benefits or promotion to anyone protected by such laws.

One such witness is Lt. Col. Alexander Vindman, an expert on Ukraine. A member of the National Security Council, he felt it improper for a President to ask a foreign leader to investigate an American citizen.

Trump called Vindman, a Purple Heart winner who was wounded in Iraq, “Yesterday’s Never Trumper witness.” 

Ultimately, the identity of the whistleblower doesn’t matter.

As Representative Eric Swalwell (D-CA) tweeted on November 8: “One more time for the people in the back: The whistleblower pulled the fire alarm. The 1st responders showed up and saw smoke, flames, and @realDonaldTrump holding matches. Does it matter who pulled the fire alarm?”

The truth of the original complaint about Trump’s extortion attempt has been repeatedly validated by multiple witnesses.

It now remains to be seen whether Republicans care more about the truth of that complaint—or bowing in subservience to a thoroughly corrupt President.

THE WITNESS IS THE ENEMY: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 11, 2019 at 12:07 am

Before 1966, witnesses who dared expose the deadly secrets of the Mafia came to a brutal end once trials ended. And sometimes before trials even began.

For example: In 1940, Abe “Kid Twist” Reles, a notorious hitman for Murder, Inc., the execution squad of the New York Mafia, turned State’s evidence against his cronies. His testimony sent his former boss, Louis “Lepke” Buchalter, to the electric chair for murder.

He was set to testify against Albert “The Executioner” Anastasia, the chief of Murder, Inc., in November, 1941. Then fate—or bribed police—intervened.

Reles was being guarded round-the-clock by a lieutenant and six detectives at the Half Moon Hotel in Coney Island. Nevertheless, he “fell” 42 feet to his death from his sixth-floor room. No one was prosecuted for his murder.

As Joseph Valachi, a future Mafia witness, later testified: “I never met anybody yet who thought Reles went out that window on purpose.”

Abe-reles.jpg

Abe “Kid Twist” Reles

In 1966, the United States Justice Department indicted Rhode Island Mafia Boss Raymond Patriarca. Thus, protection of its star witness, hitman Joseph “The Animal” Barboza, became a top priority.

Assigned to guard him was a small, handpicked detail of deputy U.S. marshals under the command of John Partington. For 18 months, the marshals foiled every effort by the Mafia to “clip” Barboza.

His testimony convicted a half-dozen top Mafiosi—including Patriarca. Then the marshals packed Barboza off to California under a new identity—and a new life.

Other Mafiosi—having run afoul of the Mafia and impressed by the success of the marshals in keeping Barboza alive—signed on as witnesses.

This, in turn, led the Justice Department to create an official Witness Security Program. By 2019, the Program had protected, relocated and given new identities to more than 8,600 witnesses and 9,900 of their family members.

Deputy U.S. marshals guarding a witness

Every President since John F. Kennedy has championed the vigorous prosecution of organized crime. And fueling this drive is the testimony of endangered witnesses requiring air-tight security.

Donald Trump is the first President to blatantly attack those who dare to “rat out” their former criminal associates.

On August 21, 2018, attorney Michael Cohen pleaded guilty in federal court in Manhattan to eight counts of campaign finance violations, tax fraud and bank fraud. He also said he had made illegal campaign contributions “in coordination and at the direction of a candidate for federal office”—Donald Trump.  

Among his revelations:

  • Trump has repeatedly asserted that Russia didn’t interfere with the 2016 Presidential election. But Cohen said he believed it did.
  • Trump has repeatedly claimed he had “no business” in Russia. But Cohen testified that the Trump Organization had sought to “pursue a branded property in Moscow.”
  • Trump denied having had sex with and paid off porn “actress” Stormy Daniels. But Cohen confirmed that Trump had instructed him to pay her $130,000 to buy her silence during the 2016 Presidential campaign.

On August 23, on the Fox News program, “Fox and Friends,” Trump attacked Cohen for “flipping” on him: “For 30, 40 years I’ve been watching flippers. Everything’s wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go. It—it almost ought to be outlawed. It’s not fair.

“You know, campaign violations are considered not a big deal, frankly. But if somebody defrauded a bank and he’s going to get 10 years in jail or 20 years in jail but if you can say something bad about Donald Trump and you’ll go down to two years or three years, which is the deal he made.”

Making “flipping” illegal would undo decades of organized crime prosecutions—and make future ones almost impossible.

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U.S. Department of Justice

To penetrate the secrets of criminal organizations, investigators and prosecutors need the testimony of those who are parties to those secrets.  

The Organized Crime Control Act of 1970 gave Justice Department prosecutors unprecedented weapons for attacking crime syndicates across the country. One of these was the authority to give witnesses immunity from prosecution on the basis of their own testimony.

Thus, a witness to a criminal conspiracy could be forced to tell all he knew—and thus implicate his accomplices—and bosses. In turn, he wouldn’t be prosecuted on the basis of his testimony. 

Organized crime members aggressively damn such “rats.” There is no more obscene word in a mobster’s vocabulary.

But no President—until Trump—has ever attacked those who make possible a war on organized crime. 

On August 19, he tweeted: “The failing @nytimes wrote a Fake piece today implying that because White House Councel [sic] Don McGahn was giving hours of testimony to the Special Councel [sic] he must be a John Dean type ‘RAT.’

“But I allowed him and all others to testify – I didn’t have to. I have nothing to hide……” 

In 1973, former White House Counsel John Dean testified before the United States Senate on a litany of crimes committed by President Richard M. Nixon. Dean didn’t lie about Nixon—who ultimately resigned in disgrace.

For Trump, Dean’s sin is that he “flipped” on his former boss, violating the Mafia’s code of omerta, or silence. 

But Trump feels completely different abut “flippers” when their revelations serve his interests.

COPS AND DRUGS

In Bureaucracy, History, Law, Law Enforcement, Social commentary on February 26, 2016 at 12:05 am

It’s a movie that appeared in 1981–making it, for those born in 2000, an oldie. 

And it wasn’t a blockbuster, being yanked out of theaters almost as soon as it arrived. 

Yet “Prince of the City” remains that rarity–a movie about big-city police that:

  • Tells a dramatic (and true) story; and
  • Offers serious truths about how police and prosecutors really operate. 

It’s based on the real-life case of NYPD Detective Robert Leuci (“Danny Ciello” in the film). 

Robert Leuci (“Danny Ciello” in “Prince of the City”)

A member of the elite Special Investigating Unit (SIU) Ciello (played by Treat Williams) volunteers to work undercover against rampant corruption among narcotics agents, attorneys and bail bondsmen. 

His motive appears simple: To redeem himself and the NYPD from the corruption he sees everywhere: “These people we take from own us.” 

His only condition: “I will never betray cops who’ve been my partners.” 

And Assistant US Attorney Rick Cappalino assures Ciello: “We’ll never make you do something you can’t live with.” 

As the almost three-hour movie unfolds, Ciello finds–to his growing dismay–that there are a great many things he will have to learn to live with. 

Treat Williams as “Danny Ciello”

Although he doesn’t have a hand in it, he’s appalled to learn that Gino Moscone, a former buddy, is going to be arrested for taking bribes from drug dealers. 

Confronted by a high-ranking agent for the Federal Drug Enforcement Agency, Moscone refuses to “rat out” his buddies. Instead, he puts his service revolver to his head and blows out his brains.  

Ciello is devastated, but the investigation–and film–must go on. 

Along the way, he’s suspected by a corrupt cop and bail bondsman of being a “rat” and threatened with death. 

He’s about to be wasted in a back alley when his cousin–a Mafia member–suddenly intervenes. The Mafioso tells Ciello’s would-be killers: “You’d better be sure he’s a rat, because people like him.”

At which point, the grotesquely fat bail bondsman–who has been demanding Ciello’s execution–pats Danny on the arm and says, “No hard feelings.”

It is director Sidney Lumet’s way of graphically saying: “Sometimes the bad guys can be good guys–and the good guys can be bad guys.”

Prince Of The City folded.jpg

Lumet makes it clear that police don’t always operate with the Godlike perfection of cops in TV and films. It’s precisely because his Federal backup agents lost him that Ciello almost became a casualty.  

In the end, Ciello becomes a victim of the prosecutorial forces he has unleashed.  Although he’s vowed to never testify against his former partners, Ciello finds this is a promise he can’t keep.

Too many of the cops he’s responsible for indicting have implicated him of similar–if not worse–behavior. He’s even suspected of being involved in the theft of 450 pounds of heroin (“the French Connection”) from the police property room.

A sympathetic prosecutor–Mario Vincente in the movie, Rudolph Giuliani in real-life–convinces Ciello that he must finally reveal everything he knows.

Ciello’s had originally claimed to have done “three things” as a corrupt narcotics agent. By the time his true confessions are over, he’s admitted to scores of felonies.

Ciello then tries to convince his longtime SIU partners to do the same. One of them commits suicide.  Another tells Ciello to screw himself:  “I’m not going to shoot myself and I’m not going to rat out my friends.”

To his surprise, Ciello finds himself admiring his corrupt former partner for being willing to stand up to the Federal case-agents and prosecutors demanding his head.

The movie ends with a double dose of irony.

First: Armed with Ciello’s confessions, an attorney whom Ciello had successfully testified against appeals his conviction. But the judge rules Ciello’s admitted misdeeds to be “collateral,” apart from the main evidence in the case, and affirms the conviction.

Second: Ciello is himself placed on trial–of a sort. A large group of assistant U.S. attorneys gathers to debate whether their prize “canary” should be indicted. If he is, his confessions will ensure his conviction.

Some prosecutors argue forcefully that Ciello is a corrupt law enforcement officer who has admitted to more than 40 cases of perjury–among other crimes. How can the government use him to convict others and not address the criminality in his own past?

Other prosecutors argue that Ciello voluntarily risked his life–physically and professionally–to expose rampant police corruption. He deserves a better deal than to be cast aside by those who have made so many cases through his testimony.

Eventually, the U.S. Attorney for the Southern District of New York makes his decision: “The government declines to prosecute Detective Daniel Ciello.”

It is Lumet’s way of showing that the decision to prosecute is not always an easy or objective one.

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy. 

A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”  And he walks out.

Is Danny Ciello–again, Robert Leuci in real-life–a hero, a villain, or some combination of the two? It is with this ambiguity that the film ends–an ambiguity that each viewer must resolve for himself.

OF COPS AND SNITCHES

In Bureaucracy, History, Law Enforcement, Social commentary on October 15, 2015 at 12:51 pm

In the bullet-riddled new movie, “Black Mass,” both FBI agents and criminals use plenty of four-leter words.

But the word both groups consider the most obscene is spelled with only three letters: R-a-t.

The movie is based on the true-life story of Irish mobster James “Whitey” Bulger and the secret deal he forged with John Connolly, his childhood friend-turned-FBI agent.

Johnny Depp as James “Whitey” Bulger

After decades of ignoring the Mafia, the FBI is now mounting an all-out effort against it.  One of the agents assigned to this war is Connolly, who is assigned to the Boston field office in 1975.

For Connolly (Joel Edgarton) winning this war means getting inside Intelligence on La Cosa Nostra’s leaders and operations.

And he believes that his former childhood friend, Bulger (played by an ice-cold Johnny Depp) can supply it.

The only question is: How to get him to do it?

And Connolly has the answer: An alliance between the FBI and Bulger’s Winter Hill gang.

At first, Bulger is wary.  He hates “finks,” “informers,” “rats.”  But Connolly persuades him that it’s one thing to inform on your own friends–and something different to inform on your sworn enemies, such as the Italian Mafia.

And to sweeten the deal further, Connolly offers Bulger immunity from FBI scrutiny. The only condition: “You can’t clip [kill] anyone.”

Bulger readily agrees–knowing he has no intention of keeping his word.  He will kill anyone who crosses him–or threatens to become “a problem.”

For Connolly and Bulger, the deal quickly proves golden.

Armed with Bulger’s inside tips, Connolly makes it possible for the FBI to plant an electronic bug in the headquarters of Gennaro Angiulo, the underboss [second-in-command] of the Raymond Patriarca Mafia Family’s operations in Boston.

John Connolly

Successful prosecutions follow.  To the Boston United States Attorney [Federal prosecutor] and his FBI superiors, Connolly is a mob-busting hero.

And with the dismantling of the Mafia’s operations, Bulger and his friend, enforcer Steven Flemmi, seize control of organized crime in Boston.

FBI photo of James “Whitey” Bulger at the time of his arrest

“Black Mass” vividly illustrates that even an elite law enforcement agency such as the FBI can’t operate effectively without informants.  And informants don’t come from the ranks of choirboys.  These are criminals willing to sell out their accomplices or their criminal competitors–for a price.

With his superiors happy, Connolly works virtually unsupervised.  He, Bulger, Flemmi and Connolly’s nominal supervisor, John Morris, are on a first-name basis.  Against all FBI regulations, he and Morris host a lavish steak dinner for Bulger and Flemmi at Connolly’s house.

But if Connolly refuses to admit that he’s been corrupted, his wife, Marianne [Julianne Nicholson] sees it all too well.  He begins dressing more flashily and carrying himself more arrogantly.  Eventually, Marianne locks him out of the house and forces him to sleep in his office.

Eventually, a new Federal prosecutor named Fred Wyshak [Corey Stoll] arrives in Boston, and he’s determined to go after Whitey Bulger.

Bypassing the FBI, Wyshak enlists State police and agents of the Federal Drug Enforcement Administration (DEA). They start rounding up scores of criminals–including those forced to pay a “street tax” to Bulger.

Among those arrested are Bulger’s top enforcers Steven Flemmi and Kevin Weeks. Informed that Bulger has been “ratting out” not only the Mafia but his fellow Irish mobsters, they quickly turn on him.

Warned by Connolly that the FBI is going to arrest him, Bulger disappears–and goes on the run for 16 years.  For 12 of these he is on the Bureau’s “Ten Most Wanted” list.

The manhunt ends on June 22, 2011, when the FBI finally arresdts Bulger–now 81–at his apartment complex in Santa Monica, California.

After going to trial, he’s found guilty on August 12, 2013, on 31 counts of racketeering, money laundering, extortion and involvement in 19 murders.  He’s sentenced to two consecutive life terms plus five years.

For Connolly, a similar fate awaits.  His supervisor, Morris, decides to cut a deal for himself at the expense of hhis longtime friend.

Connolly is retired from the FBI and at home when two FBI agents show up to arrest him.  He’s indicted on charges of alerting Bulger and Flemmi to investigations, faisifying FBI reports to cover up their crimes, and accepting bribes.

Testifying against him are Flemmi and Weeks.  On November 6, 2008, Connolly is convicted.  He’s sentenced to 40 years in prison, after the judge notes that the former FBI star had “crossed to the dark side.”

“Black Mass” has a great many lessons to teach about the relationship between law enforcement agents and their criminal informants.

And how those relations can sometimes go terribly wrong.

INFORMANTS VS. RATS

In Bureaucracy, History, Law, Law Enforcement on December 3, 2014 at 12:00 am

In the 1981 police drama, “Prince of the City,” both cops and criminals use plenty of four-letter words.

But the word both groups consider the most obscene is spelled is spelled with three letters: R-a-t.

The movie is based on the true-life story of former NYPD detective Robert Leuci (“Danny Ciello” in the film, and played by Treat Williams).  It’s based on the best-selling nonfiction book, Prince of the City, by Robert Daley, a former deputy commissioner with NYPD.

Leuci/Ciello volunteers to work undercover against massive corruption among lawyers, bail bondsmen and even his fellow narcotics agents.

Along the way, the movie gives viewers numerous insights into not only how real-world cops work but how they see the world–and their role in it.

Robert Leuci (“Danny Ciello” in “Prince of the City”)

In its first scenes, “Prince” shows members of the elite Special Investigating Unit (SIU) preparing for a major raid on an apartment of Columbian drug-dealers.

Ciello, sitting in a restaurant, gets a tip on the Columbians from one of his informants.  He then phones it in to his fellow officers.  Together, they raid the apartment, assault the dealers, and confiscate their drugs and money.

The film makes it clear that even an elite detective squad can’t operate effectively without informants.  And in narcotics cases, these are either addicts willing to sell out their suppliers or other drug-dealers willing to sell out their competitors.

For the cops, the payoff is information that leads to arrests.  In the case of the SIU, that means big, headline-grabbing arrests.

Drug raid

With their superiors happy, the stree-level detectives are largely unsupervised–which is how they like it.  Because most of them are doing a brisk business shaking down drug-dealers for their cash.

For their informants, the payoffs come in several forms, including:

  • Allowing addicts to continue using illegal drugs.
  • Supplying addicts with drugs, such as heroin.
  • Allowing drug-dealers to continue doing business.
  • Supplying drug-dealers with information about upcoming police raids on their locations.

All of these activities are strictly against the law.  But to the men charged with enforcing anti-narcotics laws, this is the price to be paid for effective policing.

But not all police informants are criminals.  Many of them work in highly technical industries–such as  phone companies.

A “connection” such as this is truly prized.  With it, a detective can illegally eavesdrop on the conversations of those he’s targeting.

He doesn’t have to go through the hassles of getting a court-approved wiretap.  Assuming he has enough evidence to convince a judge to grant such a wiretap.

A top priority for any cop–especially a narcotics cop–is protecting the identities of his informants.

At the very least, exposing such identities could lead to embarrassment, unemployment, arrest and imprisonment.  At worst, it could lead to the murder of those informants by enraged criminals.

But there is another reason for protecting the identity of informants: The cop who amasses a roster of prized informants is seen as someone special within the police department, by colleagues and superiors alike.

He knows “something” they do not.  And that “something” allows him to make a lot of arrests–which, in turn, reflects well on the police department.

If those arrests end in convictions, his status within the department is further enhanced.

But while a cop is always on the lookout for informants against potential targets, that doesn’t prevent him from generally holding such people in contempt.

“Rats,” “finks,” “stool pigeons,” “canaries,” “informers”–these are among the more printable terms (for most media) cops use to describe those who betray the trust of others.

Such terms are never used by cops when speaking to their informants.

For cops, the most feared- and -hated part of every police department is its Internal Affairs Division (IAD).  This is the unit charged with investigating allegations of illegal behavior by police.

For most cops, IAD represents the devil incarnate.  Any officer who would be willing to “lock up” a “brother officer” is considered a traitor to the police brotherhood.

Even if that “brother officer” is engaging in behavior that completely violates his sworn oath “to protect and serve.”

In “Prince of the City,” Danny Ciello gives voice to just these feelings.

He’s preparing to betray the trust of his fellow narcotics officers by exposing the massive corruption among them.  Yet he fiercely rejects the idea that he is a “rat.”

“A rat is when they catch you and make you an informer,” he tells his wife.  “This is my game.”

Ciello has volunteered to obtain evidence of corruption; he’s not under some prosecutor’s thumb.  That, to him, makes him different from a “rat.”

Of course, once Ciello’s cover is blown and his fellow cops learn what he has done, they will forever brand him a “rat,” the worst sort of turncoat.

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy.  A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”

For viewers seeking to learn the workings–and mindsets–of real-world police agencies,  “Prince of the City” has a great many lessons to teach.

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