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Posts Tagged ‘JOHN PARTINGTON’

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).

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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.

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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.” 

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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.

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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.”

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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.

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

In Bureaucracy, History, Law, Law Enforcement on June 17, 2013 at 12:16 am

Mafia Hitman Joseph Barboza had become known throughout the New England underworld as “The Animal.”

He relished his new alias and his reputation as a temperamental killer.

Everyone who dealt with Barboza—including Mafia Boss Raymond Patriarca—feared his explosive temper.

Granted an audience with Patriarca, Barboza was transfixed by the capo’s diamond ring.  Later, he bragged that he had thought of biting off Patriarca’s finger to get the ring.

“He’s crazy,” Patriarca often told his closest associates.  “Someday we’ll have to whack him out.”

Only one other mob gunman could match Barboza’s reputation for deadliness: Steve Hughes, the top triggerman for the McLaughlins.

Barboza spent more than a year trying to eliminate Hughes, until his chance finally came on September 23, 1966.

On that day, Hughes and a loanshark friend, Sammy Lindenbaum, went for a drive along Route 114 in Middleton, Massachusetts.

They paid no attention as another car—carrying Barboza and a crony, Joseph Amico—rapidly closed on them.

With Amico behind the wheel, Barboza aimed a high-powered rifle out the window and dropped Hughes and Lindenbaum in their seats.

Barboza’s moment of supreme triumph was short-lived.  His rising notoriety disturbed Patriarca, who believed in taking a low profile and avoiding the antagonism of the press and police.

Patriarca began searching for an excuse to part with his top muscleman.   He found it on October 6, 1966, when Boston police arrested Barboza and three companions.

Inside Barboza’s car, police found a loaded .45 automatic and an M-1 carbine.  Barboza, then out on bail on a stabbing charge, was shipped off to Walpole State Prison for parole violation.

There he waited vainly for the Patriarca Family to post the $50,000 bond demanded for his release.

Tired of waiting, two of his fellow enforcers decided to lend a hand: Thomas DePrisco and Arthur Bratsos began raiding Patriarca gambling dens to collect the money.

Their fund-raising efforts ended violently one night when their intended victims drew pistols and shot Bratsos and DePrisco to death.

When he learned of the deaths of his friends, Barboza exploded.  He damned Patriarca as a “fag” and swore to kill several of the capo’s top associates, whom he blamed for the slayings.

Word of this outburst reached Patriarca, who sent back a threat of his own: Barboza was a dead man, in or out of prison.

Fearing for his own life, Barboza yielded to the proddings of two FBI agents seeking evidence against Patriarca.  He agreed to act as a federal witness against his former mob cronies.

In exchange, he demanded protection for himself, his wife and young daughter, and the dropping of his parole and all charges now facing him.

Although Barboza’s terms were stiff, Boston District Attorney Gary Byrne and the prosecutors of the Justice Department felt they were getting the best of the bargain.

They saw in Barboza a dramatic, unprecedented opportunity to strike down a powerful crime cartel.

This, in turn, would enable federal lawmen to recruit new informants and witnesses for additional—and successful—prosecutions..

To achieve these goals, however, the Justice Department had to prove it could protect Barboza against mob reprisals.

As a first step in this process, Byrne released the ex-hitman to the protective custody of the FBI.  But the FBI found its budget and manpower strained by the assignment.

Realizing that a combined effort was necessary, the Bureau called in a handpicked security detail of sixteen deputy U.S. marshals.

Heading the detail was Deputy Marshal John Partington, a former agent with the IRS Intelligence Division and a specialist in organized crime.

John Partington (on right)

Equally important, Partington understood the criminal mentality: Not only did Barboza need to be protected, he needed to be kept in a proper state of mind to testify in court.

The marshals transferred Barboza to Thatcher’s Island, an isolated lighthouse station off the coast of Gloucester.  Occupied by two houses and approachable only by sea, the island seemed a perfect security spot.

Every two weeks, a new detail of marshals arrived to relieve the sixteen men on duty.  Food and supplies were regularly shipped in aboard Coast Guard vessels.

Eventually, the press learned of the security detail on ”Baron’s Island”—so  nicknamed because “Baron” had once been a Barboza alias.

The disclosure led to a series of attempts by mob hitmen to eliminate Barboza.

Thatcher’s Island

The first attempt came in September, 1967.  Patriarca ordered a 325-pound stock swindler named Vincent Teresa to take a crew of hitman, infiltrate the island and dispose of Barboza.

But the FBI learned of the plot and tipped off the security detail.

When Teresa’s $112,000, forty-three foot yacht, The Living End, cruised around the island, the hitman couldn’t find an unprotected spot to land.

Everywhere they looked they saw deputy U.S. marshals, armed with pistols and carbines, patrolling the beach.  Barboza never appeared in sight.

Then a Patriarca assassin, Maurice “Pro” Lerner, thought of making a one-man, commando-style assault on the island.  An experienced skindiver, he brought along his own scuba gear for just such an attack.

But he quickly dropped the idea: he estimated the odds of getting a successful shot at Barboza were a million to one.

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