[118151] in Cypherpunks
IP: Good Cop, Bad Cop
daemon@ATHENA.MIT.EDU (Robert Hettinga)
Mon Sep 20 21:08:54 1999
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From: Robert Huddleston <cabhop@highfiber.com>
Subject: IP: Good Cop, Bad Cop by William F. Jasper
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http://www.thenewamerican.com/tna/1997/vo13no11/vo13no11_cop.htm
The New American Magazine
Current Past Weekly Feature: Good Cop, Bad Cop - May 26, 1997
"For several years now, I have read THE NEW AMERICAN, for its advocacy, its
insights, its information, its unique point of view."
--- Patrick Buchanan
THE NEW AMERICAN
Vol. 13, No. 11
May 26, 1997
Good Cop, Bad Cop
by William F. Jasper
Alarming expansion and bad police work define today's FBI
In the early hours of September 26, 1933, FBI special agents and Memphis
police raided the ["Machine Gun"] Kelly hideaway. Caught without a machine
gun in his hands, Kelly cringed before the officers and pleaded, "Don't
shoot, G-Men! Don't shoot, G-Men!"
-- Don Whitehead
The FBI Story
For generations it was one of the most revered and popular of American
institutions. The Federal Bureau of Investigation's straight-shooting and
straitlaced "G-Men" (short for government men, a moniker coined by the
notorious George "Machine Gun" Kelly) were the heroes of film and
television lore. They were the relentless and incorruptible nemeses of
criminals, spies, and all enemies foreign and domestic. Jimmy Stewart, in
The FBI Story (1959), and Efrem Zimbalist Jr., star of the long-running
television series, The FBI, personified to many Americans our premier
federal law enforcement agency, renowned for its professionalism,
efficiency, and integrity.
Commanding this fabled corps of federal crime fighters for nearly half a
century (1924-72) was the legendary J. Edgar Hoover, whose bulldog visage
conveyed a toughness and tenacity that complemented well his reputation for
rectitude and patriotic zeal. Hoover and the Bureau were never without
their detractors, to be sure, but most Americans gave the FBI high marks.
And to judge from the runaway success of television mega-hit, The X-Files,
and the adulation of its star, David Duchovny, who plays clean-cut FBI
agent Fox Mulder, the G-Men are as popular now as ever.
Troubling Revelations
But there is trouble a-plenty in the celebrated Bureau today, as well as
many recent developments in its practices and ever-expanding jurisdiction
that every thoughtful citizen will find troubling.
Among the numerous body blows to the FBI, of late, are:
ï The recently released investigation of the Office of the Inspector
General of the Justice Department into the FBI's once-vaunted crime lab
which found, among other things, "scientifically flawed testimony,"
"substandard analytical work," and "deficient practices" which could affect
hundreds of past and current cases.
ï The disclosure on April 15th by the Los Angeles Times that a study of the
FBI crime lab conducted by a team of outside scientists from the American
Society of Crime Laboratory Directors in 1991 revealed widespread problems
in the lab.
ï Calls from a senior U.S. senator for a criminal investigation into the
FBI crime lab since the Inspector General's (IG) report was "only a
management study" and did not "investigate for criminal actions."
ï Revelations from a study by the Wall Street Journal that an FBI agent
criticized in the IG report had provided false testimony that proved to be
crucial in the celebrated convictions of Dr. Jeffrey MacDonald and Federal
Judge Alcee Hastings.
ï A just-released two-year-long Justice Department inquiry which cites the
FBI for dereliction in failing to aggressively pursue leads which would
have led to the capture of Soviet spy Aldrich Ames years earlier and saved
U.S. operatives from betrayal by Ames.
ï Continuing fallout over "Filegate," in which the FBI was caught
improperly providing to the Clinton White House sensitive FBI files on
nearly a thousand Republicans, and "Travelgate," in which the Bureau
appeared to be doing hatchet work for Hillary Clinton on employees of the
White House travel office.
ï Ongoing reverberations and legal battles over the FBI's gross mishandling
of events that resulted in the deaths of women and children at Waco and
Ruby Ridge, not to mention subsequent obstruction of justice by senior FBI
officials who covered up and destroyed evidence in these cases.
Equally serious are a host of other black eyes the agency has inflicted
upon itself, including: the high-profile arrest and prolonged abuse of
Richard Jewell in the Atlanta Olympics bombing; evidence that in an
alarming number of recent cases, FBI agents and informants have actually
acted as agents provocateurs, illegally inciting and instigating the very
crimes they were supposed to be preventing; shocking evidence that the FBI
had specific foreknowledge of the plans for both the 1993 World Trade
Center bombing and the 1995 Oklahoma City bombing, and yet failed to take
proper actions to prevent the deadly blasts; an alarming pattern of
intimidation and badgering of witnesses whose testimony does not agree with
that desired by the FBI; and the extraordinary decision first to keep the
FBI out of the Vince Foster "suicide" investigation, and the subsequent
trail of troubling developments that ensued once it did get involved.
Gone Global
However, in spite of this litany of misdeeds, errors, and abuses (which
does not begin to catalog the disturbing practices and policies of the
organization), the FBI has been given an ever-larger budget, to go along
with ever-expanding powers, jurisdiction, and personnel. Indeed, the new
FBI has "gone global," with offices and agents now in 46 foreign cities,
including Moscow, Beijing, Islamabad, Cairo, and Tel Aviv, and cozy
relationships with the Russian KGB and other foreign police-state apparati.
Meanwhile, at home the FBI is rapidly assuming the trappings and authority
of a national police force, thanks to recent "anti-terrorist" and
"anti-crime" legislation which has federalized hundreds of crimes and,
thus, has our famed G-Men (over 25,000 strong now) involved in virtually
all areas of law enforcement that had heretofore been exclusively local or
state matters.
It is this accelerating centralization of police powers and the alarming
abuses of those powers, in tandem with the increasing convergence with
totalitarian police-state regimes, which should concern all Americans who
place any value on freedom. This dangerous trend flagrantly violates all
constitutional principles and dashes the checks and balances which the
framers of our federalist system labored so diligently to establish. The
history of this bloody century is littered with the corpses of countless
millions of souls who perished under the brutal wheel of statist butchers
who rose to power via the same treacherous path on which our nation now
blindly marches.
Genesis of the G-Men
The perils of that path were less obvious but better understood when
President Teddy Roosevelt's Attorney General, Charles J. Bonaparte (a
descendent of Napoleon) first sounded the call for a federal constabulary.
"[I]t seems obvious," Bonaparte said, in an appeal to Congress in 1907,
"that the Department on which not only the President, but the courts of the
United States must call first to secure the enforcement of laws, ought to
have the means of such enforcement subject to its own call; a Department of
Justice with no force of permanent police in any form under its control is
assuredly not fully equipped for its work."
The truth of Bonaparte's logic seems self-evident: To enforce federal laws
you need federal enforcers. But therein lays the crux of the problem both
then and now: the unwise -- and in many cases, the unconsitutional --
involvement of Washington in matters which properly should have been under
the purview of state and local governments. The primary cause of
Bonaparte's appeal was the need to deal with the huge scandal involving
massive fraud in the federally controlled lands of the Western states. But
the corruption in the Interior Department's General Land Office -- which
resulted in the convictions of congressmen, federal officials, and their
business partners -- was due largely to the federal government's failure to
abide by its mandate to "dispose of" federal lands into new states. This
was one of the central conditions extracted by seven of the original 13
colonies which held claims to the vast "Western Lands" and would not
countenance ceding these as a colossal barony for the proposed new central
government.
>From the start, however, there were moneyed interests on the Northeastern
Seaboard who recognized that cheap or free land in the new states of the
West would spell doom for their economic and political hegemony. They used
their tremendous influence in Washington to prevent disposal of the lands
to the states and to keep them locked up under various "conservation"
pretexts. The vast wealth in natural resources tied up in those lands and
the remoteness of the absentee "landlord" in Washington provided
irresistible temptations and guaranteed continuing problems.
One solution would have been to "dispose of" the troubled federal lands by
turning them over to the individual states, as originally intended by our
nation's founders. President Roosevelt opted for another "solution":
enhanced federal policing of the handling of federal lands. A wary
Congress, however, ignored his Attorney General's plea and passed
legislation forbidding the Justice Department from "borrowing" Secret
Service agents from the Treasury Department for investigating law
violations, as had been the practice. In 1908 Bonaparte issued an order
creating an investigative agency -- without enforcement powers -- within
his Department. This was the beginning of what would become the FBI.
The following year, Bonaparte's successor in the new Taft Administration,
Attorney General George Wickersham, named the neophyte agency the Bureau of
Investigation. The Bureau was brought into action as a federal
crime-fighting organization with passage of the 1910 White Slave Traffic
Act, or Mann Act (for Representative James Robert Mann). This legislation
had come about in response to the discovery that vice syndicates were
importing thousands of foreign women and girls, and engaging in interstate
traffic of same for purposes of prostitution.
Even so, Attorney General Wickersham, recognizing the basic "states'
rights" principle enshrined in the U.S. Constitution, cautioned U.S.
attorneys against imprudent zeal and unnecessary intrusion into local
matters. He urged his department to defer to "the discretion of district
attorneys who have a first-hand knowledge of the facts" and advised them to
consider "what reasons, if any, exist for thinking the ends of justice will
be better served by a prosecution under federal law than under the laws of
the state having jurisdiction."
Expanding Jurisdiction
The Taft-Wickersham sympathy for "states' rights" in law enforcement stands
in stark contrast to the federal "Supercop" mentality of the Clinton-Reno
regime (and previous Republican and Democratic Administrations, for that
matter) which views local police as mere administrative appendages of an
all-knowing "Big Brother" in Washington. Nevertheless, the FBI's
jurisdiction gradually was expanded as Congress passed more laws, which in
turn required more investigations of alleged violations of those laws and,
inevitably, more arrests and prosecutions.
In response to the sensational 1932 kidnapping and murder of the infant son
of American aviation hero Charles Lindbergh, federal legislation was passed
providing the death penalty for transporting a kidnaped person across a
state line.
Around the same time, the exploits of notorious gangsters like Al Capone,
John Dillinger, "Baby Face" Nelson, "Pretty Boy" Floyd, and Alvin Karpis
increasingly brought the FBI into the gangland wars. However, as in the
cases of its earlier fights against communists, anarchist bombers, and the
Ku Klux Klan, the feds were forced to wait until they could find a federal
law that had been violated, and then often had to use local police to serve
warrants and make arrests.
In the case of the Klan, the FBI had been searching, to no avail, for KKK
violations of federal law when a constitutional solution was presented
unexpectedly. In 1922, Louisiana Governor John M. Parker applied to
President Harding for action against the Klan under Article IV, Section 4
of the Constitution, which guarantees federal protection to the states
against domestic violence -- on application by a state's legislature or
chief executive.
The headline-topping violence of the big city mobsters generated calls for
federalizing the nation's police, a move Hoover solidly opposed. "The cry
of the public," Hoover wrote to U.S. Attorney General Cummings in 1933, "is
for federal legislation and federal prosecution of racketeers." But, the
FBI chief emphasized, "the problem is a state one," and should be handled
primarily by state and local law enforcement.
"I wish to state emphatically," wrote Hoover in 1956, "that the FBI is not
and never can be a national police organization as long as its development
continues to be on cooperative lines. The most lasting contributions made
by the FBI have been those which encourage cooperation with local, county
and state law enforcement agencies.... There is never any doubt within the
FBI that the hometown law enforcement agency must ever be in the forefront
of crime control." Moreover, he stated, "We are not a policy-making
organization. The FBI is a service organization which is subordinate to the
Department of Justice. And that is as it should be. The FBI should never be
permitted to become an independent agency, operating without the checks and
controls under which it now operates."
Hoover repeatedly demonstrated his reluctance to expand federal law
enforcement at the expense of state and local authorities. Which is
especially noteworthy inasmuch as his "liberal" detractors are ever at
pains to paint the man as a power-mad, empire-building tyrant (when they
aren't dredging up unsubstantiated, defamatory gossip alleging that he was
a flaming homosexual) even as they lionize current FBI Director Louis
Freeh, whose expansionist zeal is as transparent as Genghis Khan's.
Investigating the Bureau
But Mr. Freeh's halo has suffered some tarnishing of late, and a long
series of alarming revelations has sounded a signal warning that the time
is long past for a thorough investigation of the Federal Bureau of
Investigation. Much of the media coverage of the massive report of Justice
Department Inspector General Michael Bromwich has focused on claims that
even though the 18-month investigation turned up many examples of abysmally
shoddy "science" in the FBI crime lab, it fell short of substantiating the
more serious claims of widespread criminal malfeasance alleged by FBI
whistleblower Dr. Frederic Whitehurst. (See our March 3rd issue, page 15.)
However, as Senator Charles Grassley (R-IA) pointed out on April 15th when
the IG report was released, a careful reading of the 517-page report (which
was accompanied by an equally long appendix) does indeed show that "many of
the major allegations of whistleblower Frederic Whitehurst have been
substantiated." Then he leveled a more serious charge that apparently
missed the notice of the media mavens. "By sharp contrast," he said, "in
1994, Director Freeh and his lawyers took two and a half months to review
the exact same allegations. The result was 14 pages of whitewash. The
issues were not taken seriously.... Instead, the FBI attacked the
messenger, Dr. Whitehurst."
On the following day, April 16th, Senator Grassley drew attention to an
investigative story on the FBI crime lab in that morning's Wall Street
Journal, which he said "reveals the limitations and shortcomings of the
IG's report." The extensive story by Laurie P. Cohen focused on FBI Special
Agent Michael Malone, an expert in the FBI crime lab's Hair and Fibers
Unit, who was found to have provided false testimony in a number of
high-profile cases. The IG report does censure Malone for "testifying
falsely" against Judge Alcee Hastings, but stops short of finding
intentional wrongdoing. The Journal quoted several forensic scientists and
hair and fiber experts who roundly condemned Malone's testimony in a number
of cases not mentioned in the IG report. The FBI's own lab examiner,
William Tobin, had written a memo accusing Malone of 27 instances of false
or misleading testimony in the Hastings case alone, but no action was
taken. Even more disturbing is the testimony from outside experts who
refused to yield to pressure from Malone and FBI colleagues for statements
supporting Malone's false testimony.
Criminal Wrongdoing?
The many serious allegations concerning Agent Malone are themselves an
indication of the need for a wider investigation beyond that of the
just-concluded IG probe, which examined only three of the FBI lab's 23
units. There are additional reasons for a more extensive inquest. One is to
inquire into alleged criminal actions. As Senator Grassley noted, "The IG's
charter was not to investigate for criminal actions. It was only a
management study." "The IG said he didn't find any evidence of crimes, as
alleged by Whitehurst -- like perjury, or tampering with evidence by lab
personnel," says Grassley. "But that's because he didn't do a criminal-type
investigation. That's a methodology that would detect patterns of
questionable activity."
A senior congressional staffer who closely monitored the IG investigation
told THE NEW AMERICAN, "We had to push hard to get him [the Inspector
General] to go as far as he went [in the report]. He did a pretty good job
considering he is a Clinton appointee and was under considerable pressure
from the Administration." Besides, the staffer noted, "this is about as
strong as investigations get here in Washington." But there is compelling
prima facie evidence of criminal activity at the lab, said this staff
member, and "a criminal investigation is clearly in order and that's what
we will continue to push for."
Deficient as the IG inquest was in pursuing criminal actions, it definitely
pointed toward, as Senator Grassley hinted, an intentional blind eye on the
part of Mr. Freeh's earlier "whitewash" team. This conclusion becomes all
the more obvious when one considers the just-disclosed 1991 report by the
American Society of Crime Laboratory Directors (ASCLD), which delivered a
scathing review of FBI lab practices. The experts from the ASCLD, the
national professional organization of directors of crime labs, reported
that they "were shocked to learn of the variety of ways in which evidence
was logged, tracked and marked, or in some cases not marked at all," at the
FBI laboratory. "More often than not," said the ASCLD reviewers, "work
space is left completely unattended and unlocked with evidence spread over
tables and desk tops. Under ASCLD guidelines, this practice is unacceptable."
Prior Warning and Cover-up
These slovenly and inexcusable practices were not corrected, and as the IG
report revealed (and as this magazine has previously reported) they may
dramatically affect the results of some major criminal cases. Foremost
among those is the Oklahoma City bombing. The Inspector General's report
particularly censured the work of Special Agent David Williams of the FBI
lab explosives unit, and Williams' supervisor, Thomas Thurman. Williams,
the main explosives analyst for the prosecution in this case, had grossly
fudged evidence on all of the major points: the size and composition of the
truck bomb, the velocity of the explosives, the type of detonator used, the
containers that supposedly were used, and the presence of explosive residue
on clothing and other articles belonging to Timothy McVeigh.
But chronic sloppiness and unscientific lab practices are not the most
serious problems facing the FBI. Far more alarming is evidence uncovered by
THE NEW AMERICAN and others indicating that the Bureau and the Justice
Department had specific advance warning about the impending bomb attack on
the Murrah Building from at least two confidential informants with whom the
government had formal agreements. THE NEW AMERICAN has reported in past
issues on Carol Howe, who provided prior warning to both the Bureau of
Alcohol, Tobacco and Firearms and the FBI concerning a bomb plot against
the Murrah Building from White Aryan Resistance/Aryan Republican Army
elements associated with a rural Oklahoma encampment known as Elohim City.
We have also reported on Cary Gagan, the confidential informant who
provided specific information to the U.S. Marshals Service, the FBI, and
the Justice Department concerning his direct involvement in transporting
explosives for Middle Eastern terrorists who had targeted federal buildings
in Oklahoma City and other Western and Midwestern cities.
Both of these informants have convincing evidence to back up their stories.
In addition, federal officials have been caught in serious lies and
contradictions involving these informants. In the case of Carol Howe, the
government had been denying for nearly two years that it had had any
informant inside Elohim City. That was proven false when Miss Howe surfaced
and the ATF was forced to admit that she had been their operative inside
the Elohim community both before and after the bombing. The government
still denies her claim that she informed them months before the blast -- in
December 1994 -- of plans to bomb the Murrah Building, but has refused to
turn over her briefing reports from that period. What federal agents can't
explain away however are their own admissions that in extensive debriefings
two days after the bombing Miss Howe specifically named Elohim City
resident Andreas Strassmeir and White Aryan Resistance leader Dennis Mahon
as members of the bomb plot -- and yet federal authorities made no effort
to question or apprehend them.
THE NEW AMERICAN has reported extensively on other compelling evidence that
federal law enforcement had prior warning of the attack, including
interviews with many witnesses who reported seeing bomb squad vehicles and
personnel around the Murrah Building an hour to an hour and a half before
the bombing. The evidence is very strong that some elements of federal and
local law enforcement did indeed have intelligence indicating an attack was
to take place that morning at that location. What went wrong is still
unclear, but what is clear is that the government immediately went into the
denial and cover-up mode. This becomes all the more disturbing when we
consider that an almost identical pattern of cover-up and denial emerged
after the New York World Trade Center bombing. As we have reported in
previous issues, an eerily similar scenario occurred in that tragic event,
with an FBI informant, Emad Salem, providing authorities with detailed
prior knowledge of the bomb plot. They still have not offered an
explanation for failure to act on their own informant's warnings.
Intimidation of Witnesses
Also distressing is considerable evidence which has come to the attention
of THE NEW AMERICAN indicating that FBI investigators in the Oklahoma City
bombing have intimidated witnesses whose stories challenge the government's
lone-bomber scenario -- in other words, those witnesses whose testimonies
might lend credence to evidence that federal investigators know a great
deal more about the bombing than they are saying.
Most witnesses who have reported being subjected to harassment from the FBI
have asked not to be identified, but some have been angry enough about this
abuse to speak publicly. One of those is Barbara Whittenberg, owner of the
Santa Fe Trail Cafe, just a couple blocks down the street from Terry
Nichols' home in Herington, Kansas. Mrs. Whittenberg and some of her
employees have told this reporter and others that Terry Nichols, Timothy
McVeigh, and a man closely resembling the sketch of John Doe No. 2 came
into her cafe on the Saturday morning before the bombing. She spoke with
them and noted their Ryder truck and McVeigh's car with Arizona license
plates. She and others also reported seeing the same Ryder truck at nearby
Geary Lake. However, Mrs. Whittenberg says that FBI agents, rather than
take her information, argued that she couldn't have seen what she claims to
have seen.
In nearby Junction City, Kansas, Jeff Davis delivered oriental food to
McVeigh's room at the Dreamland Motel, but the man who took the order and
paid him, Davis insists, was not McVeigh, Nichols, Fortier, or John Doe No.
2. However, says Mr. Davis, the FBI agents repeatedly pressured him to say
that the man he saw was McVeigh.
An even more serious example of apparent intimidation involves Glenn and
Kathy Wilburn, whose grandsons Chase and Colton were killed in the Murrah
Building's daycare center. Glenn Wilburn reported last year that his home
was repeatedly under surveillance by federal officers in unmarked vehicles
with government plates. He believed they were harassing him because of his
outspoken belief that the federal investigators were not seriously pursuing
John Doe No. 2 and other accomplices in the bombing. On one occasion, says
Wilburn, an FBI agent told him that his (Wilburn's) own teenage son looked
a lot like John Doe No. 2. "It was clear that he was trying to rattle and
intimidate me," Wilburn told THE NEW AMERICAN. "I was dumbfounded, I
couldn't believe they would sink that low." But they went still lower. On
another occasion, an agent inferred that Wilburn might be a suspect himself
in a telephone bomb threat. "I couldn't believe it, that they would suggest
that after all the anguish we had gone through with losing our
grandchildren in the bombing that I would do something that cruel to
someone else," says Wilburn. "It was just unbelievable." It was obvious, he
said, that they were engaging in "psychological warfare" against him in an
attempt to discourage him from continuing his own independent investigation.
Foster "Suicide"
Another high-profile case which has also demonstrated the grave, systemic
faults and high-level corruption in the Justice Department and the FBI is
the July 20, 1993 "suicide" of Vince Foster. FBI Director William Sessions
had been fired by President Clinton only hours before Foster turned up
dead. Foster, Clinton's boyhood friend and a top deputy in the White House
counsel's office, was deeply involved in what Sessions later described as a
"power struggle within the FBI and the Department of Justice." One of the
"events" in that struggle, said Sessions, was the Travelgate scandal, in
which FBI agents were "summoned to the White House without my knowledge" to
improperly carry out the bidding of the Clintons in the sacking of veteran
staffers of the White House travel office.
The decision to keep the FBI out of the investigation into Foster's death
and to put the U.S. Park Police in charge of it was itself extraordinary
and suspicious, both in light of Foster's high position and the Park
Police's cloudy record in previous homicide cases. "In view of the nature
of this case, the FBI should have been involved" from the start, William
Roemer, the highly decorated former head of the FBI's Organized Crime Task
Force, told the Washington Post.
"In my experience, I have never seen a case so poorly handled and
investigated, especially since there is so much evidence of foul play,"
says Vincent Scalice, an expert witness who has investigated thousands of
homicides during his 35 years as a homicide investigator for the New York
City Police Department. Noted pathologists, prosecutors, and police
investigators have also expressed shock at the myriad of serious violations
of standard investigative procedure and the multitude of clashing "facts"
in the Foster case.
When the FBI finally was brought in on the case, they only aided in the
cover-up by vouching for the integrity and competency of the terribly
"botched" Park Police investigation. Then the FBI added its own
obstructions. Patrick Knowlton, whom officials say was the first to see
Foster's car in a parking lot, says the FBI "lied" in his witness statement
by claiming he could not identify a man he saw in the park. Knowlton claims
he can, and that is what he told the FBI. Constant obstruction by FBI
agents assigned to the case is cited as the cause of U.S. Attorney Miquel
Rodriguez's resignation as lead prosecutor in the Foster inquest.
The problems associated with the FBI's handling of the Foster investigation
are so serious and so numerous that that case alone would warrant a
thorough probe of the FBI and the Justice Department. Certainly these
indications of rampant corruption at the highest levels of the federal
criminal justice system should give pause for serious reflection on the
need to reverse the present trend of concentrating still more police and
prosecutorial power in Washington.
© Copyright 1999 American Opinion Publishing Incorporated
http://www.thenewamerican.com/
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The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
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"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
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