Showing posts with label Richard Nixon. Show all posts
Showing posts with label Richard Nixon. Show all posts

Tuesday, March 05, 2019

If the Parallels between the Mafia and the Trump Organization are Striking? Then, Rudy Giuliani Perfected the #RICO Template for Prosecuting Organized Crime #SDNYInvestigation

Any onetime Mafia investigator who listened to Donald Trump “fixer” Michael Cohen testify Wednesday would have immediately recognized the congressional hearing’s historical analogue — what America witnessed on Capitol Hill wasn’t so much John Dean turning on President Richard Nixon, circa 1973; it was the mobster Joseph Valachi turning on the Cosa Nostra, circa 1963.

The Valachi hearings, led by Senator John McClellan of Arkansas, opened the country’s eyes for the first time to the Mafia, as the witness broke “omertà” — the code of silence — to speak in public about “this thing of ours,” Cosa Nostra. He explained just how “organized” organized crime actually was — with soldiers, capos, godfathers and even the “Commission,” the governing body of the various Mafia families.

Fighting the Mafia posed a uniquely hard challenge for investigators. Mafia families were involved in numerous distinct crimes and schemes, over yearslong periods, all for the clear benefit of its leadership, but those very leaders were tough to prosecute because they were rarely involved in the day-to-day crime. They spoke in their own code, rarely directly ordering a lieutenant to do something illegal, but instead offering oblique instructions or expressing general wishes that their lieutenants simply knew how to translate into action.

Those explosive — and arresting — hearings led to the 1970 passage of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, a law designed to allow prosecutors to go after enterprises that engaged in extended, organized criminality. RICO laid out certain “predicate” crimes — those that prosecutors could use to stitch together evidence of a corrupt organization and then go after everyone involved in the organization as part of an organized conspiracy. While the headline-grabbing RICO “predicates” were violent crimes like murder, kidnapping, arson and robbery, the statute also focused on crimes like fraud, obstruction of justice, money laundering and even aiding or abetting illegal immigration.

It took prosecutors a while to figure out how to use RICO effectively, but by the mid-1980s, federal investigators in the Southern District of New York were hitting their stride under none other than the crusading United States attorney Rudy Giuliani, who as the head of the Southern District brought charges in 1985 against the heads of the city’s five dominant Mafia families.

Ever since, S.D.N.Y. prosecutors and F.B.I. agents have been the nation’s gold standard in RICO prosecutions — a fact that makes clear precisely why, after Mr. Cohen’s testimony, President Trump’s greatest legal jeopardy may not be in the investigation by the special counsel, Robert Mueller.

What lawmakers heard Wednesday sounded a lot like a racketeering enterprise: an organization with a few key players and numerous overlapping crimes — not just one conspiracy, but many. Even leaving aside any questions about the Mueller investigation and the 2016 campaign, Mr. Cohen leveled allegations that sounded like bank fraud, charity fraud and tax fraud, as well as hints of insurance fraud, obstruction of justice and suborning perjury.

The parallels between the Mafia and the Trump Organization are more than we might like to admit: After all, Mr. Cohen was labeled a “rat” by President Trump last year for agreeing to cooperate with investigators; interestingly, in the language of crime, “rats” generally aren’t seen as liars. They’re “rats” precisely because they turn state’s evidence and tell the truth, spilling the secrets of a criminal organization.

Mr. Cohen was clear about the rot at the center of his former employer: “Everybody’s job at the Trump Organization is to protect Mr. Trump. Every day most of us knew we were coming and we were going to lie for him about something. That became the norm.”

RICO was precisely designed to catch the godfathers and bosses at the top of these crime syndicates — people a step or two removed from the actual crimes committed, those whose will is made real, even without a direct order.

Exactly, it appears, as Mr. Trump did at the top of his family business: “Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates,” Mr. Cohen said. Mr. Trump, Mr. Cohen said, “doesn’t give orders. He speaks in code. And I understand that code.”

What’s notable about Mr. Cohen’s comments is how they paint a consistent (and credible) pattern of Mr. Trump’s behavior: The former F.B.I. director James Comey, in testimony nearly two years ago in the wake of his firing, made almost exactly the same point and used almost exactly the same language. Mr. Trump never directly ordered him to drop the Flynn investigation, Mr. Comey said, but he made it all too clear what he wanted — the president isolated Mr. Comey, with no other ears around, and then said he hoped Mr. Comey “can let this go.” As Mr. Comey said, “I took it as, this is what he wants me to do.” He cited in his testimony then the famous example of King Henry II’s saying, “Will no one rid me of this turbulent priest?,” a question that resulted in the murder of that very meddlesome priest, Thomas Becket.

The sheer number and breadth of the investigations into Mr. Trump’s orbit these days indicates how vulnerable the president’s family business would be to just this type of prosecution. In December, I counted 17, and since then, investigators have started an inquiry into undocumented workers at Mr. Trump’s New Jersey golf course, another crime that could be a RICO predicate; Mr. Cohen’s public testimony itself, where he certainly laid out enough evidence and bread crumbs for prosecutors to verify his allegations, mentioned enough criminal activity to build a racketeering case. Moreover, RICO allows prosecutors to wrap 10 years of racketeering activity into a single set of charges, which is to say, almost precisely the length of time — a decade — that Michael Cohen would have unparalleled insight into Mr. Trump’s operations. Similarly, many Mafia cases end up being built on wiretaps — just like, for instance, the perhaps 100 recordings Mr. Cohen says he made of people during his tenure working for Mr. Trump, recordings that federal investigators are surely poring over as part of the 290,000 documents and files they seized in their April raid last year.

Indicting the whole Trump Organization as a “corrupt enterprise” could also help prosecutors address the thorny question of whether the president can be indicted in office; they could lay out a whole pattern of criminal activity, indict numerous players — including perhaps Trump family members — and leave the president himself as a named, unindicted co-conspirator. Such an action would allow investigators to make public all the known activity for Congress and the public to consider as part of impeachment hearings or re-election. It would also activate powerful forfeiture tools for prosecutors that could allow them to seize the Trump Organization’s assets and cut off its income streams.

The irony will be that if federal prosecutors decide to move against President Trump’s empire and family together, he’ll have one man’s model to thank: his own TV lawyer, Rudy Giuliani, who perfected the template to tackle precisely that type of criminal enterprise.

Thanks to Garrett M. Graff.

Tuesday, May 23, 2017

Richard Nixon: The Life

From a prize-winning biographer comes, Richard Nixon: The Life, the defining portrait of a man who led America in a time of turmoil and left us a darker age. We live today, John A. Farrell shows, in a world Richard Nixon made.

At the end of WWII, navy lieutenant “Nick” Nixon returned from the Pacific and set his cap at Congress, an idealistic dreamer seeking to build a better world. Yet amid the turns of that now-legendary 1946 campaign, Nixon’s finer attributes gave way to unapologetic ruthlessness. The story of that transformation is the stunning overture to John A. Farrell’s magisterial biography of the president who came to embody postwar American resentment and division.

Within four years of his first victory, Nixon was a U.S. senator; in six, the vice president of the United States of America. “Few came so far, so fast, and so alone,” Farrell writes. Nixon’s sins as a candidate were legion; and in one unlawful secret plot, as Farrell reveals here, Nixon acted to prolong the Vietnam War for his own political purposes. Finally elected president in 1969, Nixon packed his staff with bright young men who devised forward-thinking reforms addressing health care, welfare, civil rights, and protection of the environment. It was a fine legacy, but Nixon cared little for it. He aspired to make his mark on the world stage instead, and his 1972 opening to China was the first great crack in the Cold War.
   
Nixon had another legacy, too: an America divided and polarized. He was elected to end the war in Vietnam, but his bombing of Cambodia and Laos enraged the antiwar movement. It was Nixon who launched the McCarthy era, who played white against black with a “southern strategy,” and spurred the Silent Majority to despise and distrust the country’s elites. Ever insecure and increasingly paranoid, he persuaded Americans to gnaw, as he did, on grievances—and to look at one another as enemies. Finally, in August 1974, after two years of the mesmerizing intrigue and scandal of Watergate, Nixon became the only president to resign in disgrace.

Richard Nixon is a gripping and unsparing portrayal of our darkest president. Meticulously researched, brilliantly crafted, and offering fresh revelations, it will be hailed as a master work.

Tuesday, May 03, 2016

The Burglary: The Discovery of J. Edgar Hoover's Secret FBI

The never-before-told full story of the history-changing break-in at the FBI office in Media, Pennsylvania, by a group of unlikely activists—quiet, ordinary, hardworking Americans—that made clear the shocking truth and confirmed what some had long suspected, that J. Edgar Hoover had created and was operating, in violation of the U.S. Constitution, his own shadow Bureau of Investigation.

It begins in 1971 in an America being split apart by the Vietnam War . . . A small group of activists—eight men and women—the Citizens Commission to Investigate the FBI, inspired by Daniel Berrigan’s rebellious Catholic peace movement, set out to use a more active, but nonviolent, method of civil disobedience to provide hard evidence once and for all that the government was operating outside the laws of the land.
         
The would-be burglars—nonpro’s—were ordinary people leading lives of purpose: a professor of religion and former freedom rider; a day-care director; a physicist; a cab driver; an antiwar activist, a lock picker; a graduate student haunted by members of her family lost to the Holocaust and the passivity of German civilians under Nazi rule.

Betty Medsger's extraordinary book, The Burglary: The Discovery of J. Edgar Hoover's Secret FBI, re-creates in resonant detail how this group of unknowing thieves, in their meticulous planning of the burglary, scouted out the low-security FBI building in a small town just west of Philadelphia, taking into consideration every possible factor, and how they planned the break-in for the night of the long-anticipated boxing match between Joe Frazier (war supporter and friend to President Nixon) and Muhammad Ali (convicted for refusing to serve in the military), knowing that all would be fixated on their televisions and radios.

Medsger writes that the burglars removed all of the FBI files and, with the utmost deliberation, released them to various journalists and members of Congress, soon upending the public’s perception of the inviolate head of the Bureau and paving the way for the first overhaul of the FBI since Hoover became its director in 1924.  And we see how the release of the FBI files to the press set the stage for the sensational release three months later, by Daniel Ellsberg, of the top-secret, seven-thousand-page Pentagon study on U.S. decision-making regarding the Vietnam War, which became known as the Pentagon Papers.
         
At the heart of the heist—and the book—the contents of the FBI files revealing J. Edgar Hoover’s “secret counterintelligence program” COINTELPRO, set up in 1956 to investigate and disrupt dissident political groups in the United States in order “to enhance the paranoia endemic in these circles,” to make clear to all Americans that an FBI agent was “behind every mailbox,” a plan that would discredit, destabilize, and demoralize groups, many of them legal civil rights organizations and antiwar groups that Hoover found offensive—as well as black power groups, student activists, antidraft protestors, conscientious objectors.

The author, the first reporter to receive the FBI files, began to cover this story during the three years she worked for The Washington Post and continued her investigation long after she'd left the paper, figuring out who the burglars were, and convincing them, after decades of silence, to come forward and tell their extraordinary story.

The Burglary: The Discovery of J. Edgar Hoover's Secret FBI is an important and riveting book, a portrait of the potential power of non­violent resistance and the destructive power of excessive government secrecy and spying.

Thursday, August 14, 2014

Secret Service Agents Reveal the Hidden Lives of the Presidents in First Family Detail by Ronald Kessler

As in a play, presidents, vice presidents, and presidential candidates perform on stage for the public and the media. What the nation’s leaders are really like and what goes on behind the scenes remains hidden. Secret Service agents have a front row seat on their private lives and those of their wives and children.

Crammed with new, headline-making revelations, The First Family Detail: Secret Service Agents Reveal the Hidden Lives of the Presidents by Ronald Kessler tells that eye-opening, uncensored story.

Since publication of his New York Times bestselling book In the President’s Secret Service, award-winning investigative reporter Ronald Kessler has continued to penetrate the wall of secrecy that surrounds the U.S. Secret Service, breaking the story that Secret Service agents who were to protect President Obama hired prostitutes in Cartagena, Colombia and revealing that the Secret Service allowed a third uninvited guest to crash a White House state dinner.

Now in this new book, Kessler presents far bigger and more consequential stories about our nation’s leaders and the agency sworn to protect them. Kessler widens his scope to include presidential candidates and former presidents after they leave the White House. In particular, he focuses on first ladies and their children and their relationships with the presidents.

From observing Vice President Joe Biden’s reckless behavior that jeopardizes the country’s safety, to escorting Bill Clinton’s blond mistress at Chappaqua, to overhearing First Lady Michelle Obama’s admonitions to the president, to witnessing President Nixon’s friends bring him a nude stripper, to seeing their own agency take risks that could result in an assassination, Secret Service agents know a secret world that Ronald Kessler exposes in breathtaking detail.

THE FIRST FAMILY DETAIL reveals:

·       Vice President Joe Biden regularly orders the Secret Service to keep his military aide with the nuclear football a mile behind his motorcade, potentially leaving the country unable to retaliate in the event of a nuclear attack.

·       Secret Service agents discovered that former president Bill Clinton has a blond mistress who lives near the Clintons’ home in Chappaqua, New York. Within minutes of Hillary Clinton’s leaving, the woman—codenamed Energizer by agents—shows up to be with Bill and stays every day while the likely future presidential candidate is away.

·       The Secret Service covered up the fact that President Ronald Reagan’s White House staff overruled the Secret Service to let unscreened spectators get close to Reagan as he left the Washington Hilton, allowing John W. Hinckley Jr. to shoot the president.

·       Secret Service agents have been dismayed to overhear Michelle Obama push her husband to be more aggressive in attacking Republicans and to side with blacks in racial controversies.

·       Secret Service Director Mark Sullivan diverted agents from protecting President Obama and his family at the White House and ordered them instead to protect his assistant at her home and illegally retrieve confidential law enforcement records as a favor to her.

·       Because Hillary Clinton is so nasty to agents, being assigned to her protective detail is considered a form of punishment and the worst assignment in the Secret Service.

·       Secret Service agents were ordered to ignore security rules and allow the SUV carrying actor Bradley Cooper to drive unscreened into a secure restricted area when President Obama was about to deliver his speech at the White House Correspondents Dinner.

·       Vice President Joe Biden has racked up costs to taxpayers of a million dollars to fly to and from his home in Delaware on Air Force Two. His office tried to cover up the costs of the personal trips.

·       Because the Secret Service refused to provide enough magnetometers at his campaign events, Mitt Romney regularly left himself open to assassination by giving speeches to crowds that had not been screened.

·       Vice President Joe Biden swims nude at the vice president’s residence in Washington and at his home in Delaware, offending female Secret Service agents.

Monday, November 18, 2013

The Top Five #Conspiracy Theories on JFK Assassination

As the 50th anniversary of the JFK assassination draws nearer, the debate over who actually pulled the trigger rages on. Did Lee Harvey Oswald, as the Warren Commission concluded, use an Italian bolt-action Mannlicher-Carcano rifle to fire three shots from the Texas School Book Depository building, hitting President John F. Kennedy once in the neck and once in the back of the head? Or were there larger forces at work?

The belief that there was conspiracy to assassinate the president has only become more widespread with the passage of time.  As ABC News reports, the House Select Committee on Assassinations concluded in 1978 that Kennedy was “probably assassinated as a result of a conspiracy.” A 2003 ABC News poll showed that 70 percent of Americans believed the JFK assassination was “not the act of a lone killer,” with 7 percent believing that Oswald was not involved at all.

So what is the truth? What really happened on Nov. 22, 1963, at Dealey Plaza in Dallas? We’ll probably never know, but we can continue to speculate. Below is a list of the top five JFK assassination conspiracy theories that have been bandied about over the years.

1.) The CIA Killed JFK

The Central Intelligence Agency has always been shadowy, mysterious organization, which lends itself perfectly to a conspiracy theory involving the JFK assassination. According to the Mary Ferrell Foundation, Kennedy made an enemy out of the CIA after the disastrous Bay of Pigs invasion of Cuba in April 1961. As a result of that failed operation, CIA Director Allen Dulles (who would later serve on the Warren Commission) was forced to resign and many allegedly began to see JFK as a threat to CIA interests.

As the New York Post reports, author Patrick Nolan surmises that the CIA wanted “power, self-preservation and to stop the Kennedys’ plan to make peace with Cuba and the Soviets.” Nolan theorizes that a group of rogue CIA agents, including Richard Helms (who became CIA director a few years later), James Angleton, David Phillips and E. Howard Hunt (of Watergate infamy), used three shooters placed at different locations in Dealey Plaza -- the Book Depository building, the Grassy Knoll and the Dal-Tex building -- to pull off the assassination. In his book, “CIA Rogues and the Killing of the Kennedys,” Nolan uses physical, medical and film evidence, as well as eyewitness accounts, to reach his conclusion.

2.) The Mafia Killed JFK

The relationship between organized crime and the Kennedy family stretched back decades prior to the assassination, as President Kennedy’s father, Joseph P. Kennedy, allegedly engaged in bootlegging during the Prohibition era of the 1920s. As the Los Angeles Times points out, it’s also believed that Joseph Kennedy used his Mafia connections to help his son win the crucial state of Illinois during the 1960 presidential election against Richard Nixon. However, the mutually beneficial relationship between the Mafia and the Kennedy family would soon come to an end.

According to ABC News, one version of this theory posits that Mafia was angered with JFK after the botched Bay of Pigs invasion, as they had hoped to re-exert their presence in Cuba, which had been erased after Fidel Castro rose to power. Additionally, JFK’s brother, Attorney General Robert F. Kennedy, had become a crusader against the Mafia in his position as the nation’s top cop.

As the Post reports, Lamar Waldron, author of the book “The Hidden History of the JFK Assassination,” theorizes that the assassination was masterminded by New Orleans mob boss Carlos Marcello, with help from Santo Trafficante of Florida and Johnny Roselli of Chicago. According to the Waldron, Marcello used Italian hit men, smuggling them into the country from Canada, to commit the crime. Marcello reportedly bragged about pulling off the assassination to an inmate at a prison where he was serving time in 1985. “Yeah, I had the son of a bitch killed,” he allegedly said. “I’m glad I did. I’m sorry I couldn’t have done it myself.”

3.) Lyndon B. Johnson Killed JFK

If one wants a definitive answer as to who killed JFK, look no further than the man who benefited the most from his assassination. At least, that’s what author Roger Stone says in his new book, “The Man Who Killed Kennedy: The Case Against LBJ.” In an interview with Voices of Russia, Stone says that LBJ -- who was sworn in as president on a plane in Dallas just hours after the JFK assassination -- used longtime associate and hit man Malcolm Wallace to do the deed. As the Post points out, Stone alleges that Wallace’s fingerprints were found on the sixth floor of the Texas School Book Depository Building, where the Warren Commission says Oswald fired his fatal shots.

According to Stone, Johnson insisted on both the trip to Dallas and the route through Dealey Plaza, where none of the buildings in the area were sealed off. Stone thinks LBJ both reduced the number of police officers on motorcycles on either side of the president’s car and ordered off the Secret Service agents that would have been riding on the rear bumper of the car.  In the interview with Voices of Russia, Stone believes that LBJ can be tied to as many as eight murders in Texas prior to the JFK assassination, in order to cover up his corruption, voter fraud and more.

4.) The Russians Killed JFK

To examine the theory that the Soviet Union killed President John F. Kennedy, one must look at the geopolitical situation in 1963. This was the height of the Cold War and the peak of anti-Communist sentiment in the United States. According to ABC News, conspiracy theorists frequently cite the notion that Soviet Premier Nikita Krushchev was incensed at having to back down to JFK during the Cuban Missile Crisis the year before, and had the president killed by the KGB in retaliation.

Another interesting connection is Oswald’s time spent in the Soviet Union. In October 1959, Oswald -- a former Marine -- defected to the Soviet Union, where he met his future wife, Marina. Marina’s uncle was a colonel in the MVD, which is the Russian Interior Ministry service.

According to Stratfor, there are numerous anomalies about Oswald’s time in Russia, including how the two were able to get permission to marry (a requirement for any Soviet citizen marrying a foreigner), as well as why Marina, an upper-middle class woman with an uncle in the government, would agree to marry an American defector with little prospects whom she had just met one month before.

In early 1962, Oswald, Marina and their daughter left the Soviet Union for the United States. As Stratfor points out, Marina Oswald was granted permission to leave the the country with an American defector within weeks of her request, an extremely rare, if not completely unheard of, turnaround. Why? Conspiracy theorists point to questions like these as evidence of Soviet involvement in the assassination of JFK.

5.) The Cubans Killed JFK

There are two separate sub-theories surrounding Cuba and the JFK assassination. The first, as ABC News points out, is that Castro had JFK assassinated in retaliation for the numerous attempts on his life during the Kennedy administration, courtesy of both the CIA and the Mafia. In 1968, Johnson told ABC News that “Kennedy was trying to get to Castro, but Castro got to him first.”

During an interview with Bill Moyers in 1977, Castro said the theory was “absolute insanity.”

The second, perhaps more plausible, theory involves a mixture of militant anti-Castro Cuban exiles in Miami, the Mafia and the CIA. As the Mary Ferrell Foundation points out, the anti-Castro Cubans were enraged by Kennedy’s failure to provide crucial air support during the Bay of Pigs invasion. This could have been seen as emblematic of Kennedy’s “soft” approach to communism, a charge that had already been leveled at him after he chose not to invade Cuba during the Cuban Missile Crisis. Did anti-Castro Cubans, working in conjunction with the CIA and the Mafia, assassinate JFK?



Thanks to Andrew Berry.


Crime Family Index