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Smuggling of Cocaine and Marijuana Apparently
Permitted by US Customs and Senator Diane Feinstein
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
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:
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Facilitation of the Importation of 25 to 40 tons of
contraband into the U.S.,
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Witness Tampering,
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Perjury,
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Misprision of Felony, and
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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

History of Banking Fraud:
The Coming Battle
By M. W. WALBERT
The Coming Battle
documents from Congressional records, newspaper reports and writings by
the founding fathers and others a chronology of events long forgotten that
shaped our fledgling nation from 1776 to 1899. Read about the manipulation
of our money and its supply, the intentional creation of recessions,
depressions and panics, manipulation of the stock markets, and the
demonetization of silver.
Secrets of the Federal Reserve
by Eustace Mullins
Eustace Mullins' carefully
researched and documented treatise picks up from Walbert's expose' of
control of the money supply and the economy and
brings it to the mid 1980's.
The
World Order
by Eustace Mullins
How control of the world's money has inexorably led to an ever tighter
grip on control of the world's people.
Propaganda
by Edward Bernays
Walter
Lippmann's book, Public Opinion, published in 1922, detailed the
study in which he and Edward Bernays were involved while in London during
the First World War. It had to do with painting pictures inside people's
heads, which were cunningly and deliberately designed by expert craftsmen to
mislead not only individuals but entire societies.
Uranium Wars by Leuren Moret
How control of the world's people has inexorably led to wider use of
depopulation methods which include spreading radioactivity in food,
water, air, and the human genome.
Taking Back Your Power
by Allen Aslan Heart
WHAT CAN YOU DO? Stop playing THEIR game. Take back
your power. Stop paying taxes that are not legal or lawful. Stop paying
bills you don't really owe. Stop using THEIR money. There ARE ways if you
open your mind and look for the gaps in their fences that keep the sheeple
in their pasture. Are you chattel or a real person? You are the one who
makes that choice.
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