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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.

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.”

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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.

TRUMP HATES/LOVES “RATS”: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 1, 2019 at 12:08 am

Former FBI Director James Comey has had firsthand experience in attacking organized crime—and in spotting its leaders.

In his bestselling memoir, A Higher Loyalty, he writes:

“As I found myself thrust into the Trump orbit, I once again was having flashbacks to my earlier career as a prosecutor against the mob. The silent circle of assent. The boss in complete control. The loyalty oaths. The us-versus-them worldview. The lying about all things, large and small, in service to some code of loyalty that put the organization above morality and the truth.” 

James Comey official portrait.jpg

James Comey

Validating Comey’s comparison of Trump to a mobster:

On August 21, 2018, Trump’s former attorney, Michael Cohen, pleaded guilty 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.

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.”

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

Image result for united states department of justice building

United States 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 Don McGahn was giving hours of testimony to the Special Councel, 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.

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.

Donald 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.

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.”

TRUMP HATES/LOVES “RATS”: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 30, 2019 at 12:06 am

Donald Trump resembles his fellow New Yorker, Mafia “Boss of all Bosses” John Gotti, in more ways than he would like to admit. Among these:

  • He craves publicity like a drug.
  • His egomania long ago reached psychotic heights: In a 1990 interview with Playboy magazine, he offered his worldview: “The show is Trump, and it is sold-out performances everywhere.” 
  • He impulsively and brutally badmouths virtually everyone—in press conferences and on Twitter. 
  • He brags constantly—about his wealth, his intelligence, his sexual prowess, his achievements: “My fingers are long and beautiful, as, it has been well documented, are various other parts of my body.”  
  • He has bought his way out of legal trouble: Florida Attorney General Pam Bondi personally solicited a political contribution from him while her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates. After Bondi dropped the case against Trump, he wrote her a $25,000 check for her re-election campaign. 

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 Donald Trump

  • He repeatedly threatens violence against his opponents: On March 16, 2016, he warned Republicans that if he didn’t win the GOP nomination in July, “I think you’d have riots….I think bad things would happen.” 
  • Although not a member of the Mafia, he has often been linked—directly or indirectly—to men who are, such as “Anthony Fat Tony” Salerno and Paul Castellano.
  • He prizes being seen as a tough guy: “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose voters.” At a Las Vegas rally in 2016, he said about a protester: “I’d like to punch him in the face.”
  • He has no loyalty to anyone. He has badmouthed—and fired—such ardent supporters as his ex-Chief of Staff Reince Priebus and former Attorney General Jeff Sessions.
  • He has an unrelenting hatred for “rats” who prove equally disloyal to him.

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John Gotti

Consider the case of attorney Michael Cohen.

  • An executive of the Trump Organization, Cohen acted as “Trump’s pit bull.” “If somebody does something Mr. Trump doesn’t like,” he told ABC News in 2011, “I do everything in my power to resolve it to Mr. Trump’s benefit.”
  • In 2015, a reporter for The Daily Beast asked Cohen about Ivana Trump’s charge (later recanted) that Trump had raped her while they were married. Cohen: “I’m warning you, tread very fucking lightly, because what I’m going to do to you is going to be fucking disgusting.”
  • In 2016, while Trump was running for President, Cohen acted as the go-between for a $130,000 hush-money payoff to porn “star” Stormy Daniels. The reason: To prevent her from revealing a 2006 tryst she had had with Trump.  

In April 2018, the United States Attorney for the Southern District of New York began investigating Cohen. Charges reportedly included bank fraud, wire fraud and violations of campaign finance law.

Trump executive Michael Cohen 012 (5506031001) (cropped).jpg

Michael Cohen

By IowaPolitics.com (Trump executive Michael Cohen 012) [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)%5D, via Wikimedia Commons

On April 9, 2018, the FBI, executing a federal search warrant, raided Cohen’s office at the law firm of Squire Patton Boggs, as well as at his home and his hotel room in the Loews Regency Hotel in New York City. Agents seized emails, tax and business records and recordings of phone conversations that Cohen had made.

Trump’s response: “Michael Cohen only handled a tiny, tiny fraction of my legal work.”  

Thus Trump undermined the argument of Cohen’s lawyers that he was the President’s personal attorney—and therefore everything Cohen did was protected by attorney-client privilege.

Cohen,  feeling abandoned and enraged, struck back: He “rolled over” on the man he had once boasted he would take a bullet for.

On August 21, 2018, 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.”

THE PRESIDENT AS MAFIA BOSS

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 28, 2018 at 12:24 am

James Comey has had a long and distinguished career in American law enforcement:

  • 2002 – 2003:  United States Attorney for the Southern District of New York
  • 2003 – 2005:  United States Deputy Attorney General
  • 2013 – 2017:  Director of the Federal Bureau of Investigation

As a result, Comey has firsthand experience in attacking organized crime—and in spotting its leaders.

In his bestselling memoir, A Higher Loyalty, he writes:

“As I found myself thrust into the Trump orbit, I once again was having flashbacks to my earlier career as a prosecutor against the mob. The silent circle of assent. The boss in complete control. The loyalty oaths. The us-versus-them worldview. The lying about all things, large and small, in service to some code of loyalty that put the organization above morality and the truth.” 

On May 9, 2017, President Donald Trump fired Comey as FBI director. There were five reasons for this:

  • Comey had refused to pledge his personal loyalty to Trump. Trump had made the “request” during a private dinner at the White House in January.
  • Comey told Trump that he would always be honest with him. But that didn’t satisfy Trump’s demand that the head of the FBI act as his personal secret police chief—as was the case in the former Soviet Union.
  • Trump had tried to coerce Comey into dropping the FBI’s investigation into former National Security Adviser Michael Flynn, for his secret ties to Russia and Turkey. Comey had similarly resisted that demand. 
  • Comey had recently asked the Justice Department to fund an expanded FBI investigation into well-documented contacts between Trump’s 2016 Presidential campaign and Russian Intelligence agents.
  • The goal of that collaboration: To elect Trump over Hillary Clinton, a longtime foe of Russian President Vladimir Putin. 

James Comey official portrait.jpg

James Comey

Trump and his shills have adamantly denied that he demanded that Comey serve as his private police chief. 

But now Trump has proved that he—and not Comey—was the liar. And more like a mobster than a President.

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

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.”

Image result for Meme: White House says the FBI has "extreme bias" against Trump"

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

“It takes a small bum to catch a big bum,” as one deputy U.S. marshal once stated.

Boy Scouts simply won’t hang out with career criminals. 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. (He could, however, be prosecuted if someone else accused him of criminal acts.)

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 Don McGahn was giving hours of testimony to the Special Councel, 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. 

Trump knows better than most how dangerous a “flipper” can be. His former lawyer and mentor, Roy Cohn, represented some of the most notorious Mafiosi in the country—such as John Gotti and Carmine Galante. 

And both Gotti and Galante went to prison owing to “flippers.”

For Donald Trump, there is no greater nightmare than becoming the victim of those who know—and are willing to share—his criminal secrets.

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