Paging Archibald Cox! Robert Bork! Saturday night massacre in progress...

Battening down the hatches before the Democratic Congress starts its own investigations, perhaps. Purging the ranks of federal prosecutors who might be inclined to run with whatever juicy bits those investigations turn up, and reminding the ones who remain that they serve at the pleasure of the president. Or maybe just plain old vengeful retaliation against those being pushed out for their part bringing down the lovely corrupt machine.

All I'm asking is: Does Bush have the cojones to take out Peter Fitzgerald?

While this might be some blatant form of payback, the problem is more complicated than merely her record for going after office holders. Border Patrol agents and supervisors have complained for quite some time that border crimes, including serious assaults on BP agents, have gone unprosectuted time and time again, resulting in enormous difficulties for agents at the pointy end of both drug and immigrant smuggling operations. This is in contrast to the the immediate and comprehensive response to assaults, or even provocation, against other Federal law enforcement agents and officers. The problems have resulted in increasing injuries to Border Patrol agents and difficulty with enforcing criminal laws, let alone immigration laws. I have some personal familiarity with the situation. Although I don't doubt that the White House is glad to be rid of "this troublesome priest", her bent for nailing bent politicians isn't the only reason for attempting to remove her.

Justin, I'm sure you and Paul remember San Diego's Foundation for the Improvement of Mathematics and Science Education (FIMSE). That's the foundation that paid more than $500k to lobbyists, Copeland & Lowery, and never reported millions of dollars of grants in its 990s.

Do you know what ever happened to that case? A lot of San Diego bigwigs had ties to FIMSE which may be another reason for giving Lam the boot.

Was this prosecutor involved with the case against the three(?) San Diego city councilmen or did that happen before her tenure?

I can imagine a scenario where investigations into assaults on INS and other border LEOs might be 'discouraged'. Let us say, just for conjecture, that certain "Pioneers" have tremendous economic stakes in securing a steady supply of illegal immigrants, and the illegal substances that accompany them, and therefore have taken steps to facilitate the creation of 'distribution networks' to provide those resources.
Investigations into how undocumented workers come across the border, and how border LEOs get caught up in the trade, might reveal some uncomfortable secrets. But a USA that does pursue those investigations, and by the way also busts corrupt congressmen, might be 'urged' to look for employment elsewhere with the given explanation that the border stuff isn't "going fast enough".
The truth is out there.

Attention Henry Waxman!!!

Here's a great addition to your investigative staff. Snap her up, pronto!

Amike

WHAT GOES AROUND COMES AROUND

On January 17, 2007, the New York Times reported that U.S. Attorney Carol C. Lam, the top federal prosecutor in San Diego, CA, was removed from her job. The Justice Department said Tuesday that, “Ms. Lam’s dismissal had nothing to do with the prosecution of Mr. Randy (Duke) Cunningham, but was based on her overall record in prosecuting firearms violations and crimes along the California border with Mexico.”

At the very same time that U. S. Attorney Lam was responsible for the Cunningham case, she was also responsible for the landmark case Fitzgerald – Nunn Vs. Department of Homeland Security. A year before this civil trial began, Lam’s Assistant U.S. Attorney (AUSA) Timothy Stetler had been made aware of the ostensible corruption that U.S. Customs Special Agents Darlene Fitzgerald and Sandy Nunn had uncovered and attempted to expose. Darlene’s investigation uncovered tons of narcotics and contraband being facilitated into the U.S. via railroad tanker cars with the apparent approval of Customs managers. AUSA Timothy Stetler listened to the testimony of Superior Court Judge Yvette Palazuelos in her pre-trial deposition. She corroborated Darlene’s suspicions when she stated that the managers at Customs were “torpedoing our rail operation” and criminal cases. She further stated, “At the very least these managers were committing Obstruction of Justice.” AUSA Stetler told Gastone Bebi, attorney for Fitzgerald and Nunn, that he was concerned that it was in fact corruption and that he felt he had a duty to report it. He should have reported this to his boss, U.S. Attorney Lam.

There was no investigation into the well-documented, well-witnessed allegations of Sandy and Darlene. At the trial, Superior Court Judge Yvette Palazuelos took the stand and made history that day by being the first sitting Judge ever to testify against the U.S. Government. A complete transcript of her historic testimony may be read at www.BorderGate.net. The essential fact of her testimony was that she witnessed high-level Customs managers shut down Operation Rite Rail. In that operation Darlene had already seized 8000 pounds of marijuana and 34 kilos of uncut cocaine in just one pressurized railroad tanker car. She had secondaried (placed on hold pending inspection) five more of these cars. These five cars importing from Mexico were improperly manifested as empty yet contained 25 to 40 tons of unknown contraband. They had been sent from the same front company in Mexico where the previous seized- tanker car was from. Darlene had high-level information from a reliable informant as to the contents of these five cars – yet Darlene was ordered off the case and told to shut down her operation.

At the trial, Assistant Special Agent in Charge (ASAIC) Gary Pinkava took the stand for Customs (See Federal Transcript of Pinkava’s testimony at www.BorderGate.net). During the course of his testimony, he admitted that he would not allow Darlene and her Supervisor Robert Mattivi pressure test, at no charge to the government, these highly suspect tanker cars. This would have been the largest seizure on record for any agency (25 to 40 tons) and it was under the command and control of ASAIC Pinkava. Subsequently, as testified to by numerous witnesses (see other testimony at the BorderGate web site); these tanker cars were released into the commerce of the U.S. uninspected by anyone.

As shocking as this testimony was, there was also evidence of witness tampering during the course of the trial. The Honorable Roger T. Benitez, United States District Judge, while presiding over this case, responded to the efforts by U.S. Customs Attorneys who threatened U.S. Customs employees with the loss of their jobs if they dared to answer subpoenas and testify against Customs managers. Judge Benitez stated, “Boy, there’s something about this that doesn’t pass the smell test!” (see www.BorderGate.net). All these crimes remain uninvestigated.

What Darlene and Sandy exposed at this trial is the horrendous National Security Terrorist Threat that these tanker cars pose to our nation. Timothy McVey blew up the Federal Murrah Building in Oklahoma City with about one ton of ammonium nitrate in an unsealed-cargo truck. This cowardly attack killed scores of people and resulted in at least fifteen damaged buildings being torn down. A terrorist can put forty times this amount of ammonium nitrate in a railroad tanker car and pressurize it. This would result in the world’s largest pipe bomb. This is almost too frightful to image, yet America has enemies who relish such a possibility. Darlene has repeatedly said that the national security threat she has exposed is apolitical because exploding tanker cars do not just kill Republicans, Democrats or Independents, they kill everyone. This too was made known to the San Diego U.S. Attorney’s Office, which was headed by U.S. Attorney Lam.

During the course of this trial sufficient evidence to warrant a Grand Jury investigation into the following was absolutely exposed: Facilitation of the Importation of 25 to 40 tons of contraband into the U.S., Witness Tampering, Perjury, Misprision of Felony, and possible Subornation of Perjury. This evidence was sufficient to warrant the initiation of a Grand Jury Investigation – yet there was none. The most shocking federal transcripts of this testimony can be found at www.BorderGate.net. U. S. Attorney Lam knew, or should have known, about this ostensible corruption committed by the Customs managers before the trial, and later exposed at the trial. Yet to date, nothing has been done to investigate any of this.

What is even more telling in this case is the fact that Senator Dianne Feinstein has publicly defended U.S. Attorney Lam. This is most interesting when you consider that well before this case (Fitzgerald – Nunn Vs. Department of Homeland Security) was ever filed in federal court, 24 Customs employees signed a letter begging Senator Feinstein to investigate their allegations of corruption. Two weeks after Senator Feinstein’s Office received this letter (sent certified mail & fax) Senator Feinstein was seen by several of these Customs employees out on one of the U.S. Customs Yacht “rubbing elbows” with one of the very managers the brave 24 wanted Feinstein to investigate. It was later learned by a reporter who covered this story, that Senator Feinstein’s husband may have had a financial interest in the very companies over whose rails this contraband was rolling. Senator Feinstein initiated no investigation into the 24 Customs employees’ allegations. Customs turned up the retaliation heat on the agents involved in this rail project. Details of this horrendous retaliation are chronicled in the book “BorderGate.”

It is important to note that there have been no other rail tanker car seizures since Darlene’s seizure in 1998. Have the drug smugglers and terrorists simply quit trying to enter the U.S. or have they simply been operating freely under the unwatchful and accommodating eyes of U.S. Attorney Lam and Senator Feinstein.

The real victims here are Darlene, Sandy, and all other brave Whistleblowers who have come forward with important information that exposes threats to our National Security. There is no real protection for Federal Whistleblowers. There seems to be a pattern at the U.S. Attorneys Office and the Department of Homeland Security of acting against employees for doing their job instead of prosecuting corruption. Another clear example of this is the two Border Patrol Agents who now face prison because they defended themselves in a firefight against a known drug smuggler. Again, it was a U.S. Attorney’s Office who appeared to take the side of the drug smuggler and went after the Border Patrol Agents. Yet there has been no investigation into the motivation of the AUSA prosecuting this case against the Border Patrol Agents. This raises the question – Who is overseeing those who are responsible for prosecutorial oversight?

U.S. Attorney Lam at worst condoned and at best ignored the retaliation by U.S. Customs managers against Whistleblowers Fitzgerald and Nunn. Ironically, now she complains when she is the object of “possible” retaliation for her role in exposing the Cunningham scandal. What goes around comes around.

By: Attorney Austin Price
Attorney for Darlene Fitzgerald
and Peter Ferrara, Authors of “BorderGate, the story the government doesn’t want you to read.”

I have a case that I would like Carol Lam to take, worth 80 million dollars against government officials for theft under color of Bankruptcy in the Eastern District can she now

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