Thread: What goes around comes around! - "BorderGate"

I received this via email and present it as is....


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WHAT GOES AROUND COMES AROUND!

On January 17, 2007, the media at large 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
. 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 ). 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 ).
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 . 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 un-watchful 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.”
ea.price@yahoo.com
(606) 376-5931

Their site with the documents is

http://www.bordergate.net/

Through the looking glass...

corruption is at all levels of the federal government. No one is ever responsible for anything that goes wrong. bush was going to hold people accountable but he never got around to looking at that part of his pre-election promise.

Disgraceful and criminal. All should be investigated and charges brought against all who knowingly turned a blind eye to this criminal activity.

CCUSA wrote:

Disgraceful and criminal. All should be investigated and charges brought against all who knowingly turned a blind eye to this criminal activity

Until we make them, all of those in govenment accountable who are turning a blind eye, starting with the president who is the ring leader, and bring them up short with a LOUD NO YOU CANNOT DO THIS ANYMORE, this is going to continue.