{"id":6193,"date":"2018-05-03T22:30:51","date_gmt":"2018-05-04T05:30:51","guid":{"rendered":"https:\/\/travelingboy.com\/travel\/?p=6193"},"modified":"2018-07-02T22:29:23","modified_gmt":"2018-07-03T05:29:23","slug":"assessing-robert-mueller","status":"publish","type":"post","link":"https:\/\/travelingboy.com\/travel\/assessing-robert-mueller\/","title":{"rendered":"Assessing Robert Mueller"},"content":{"rendered":"
\"Robert
Robert Mueller: Into the Swamp,<\/span> illustration by Nancy Ohanian<\/figcaption><\/figure>\n

I don\u2019t want to genuflect to Robert\u00a0Mueller\u00a0as if his sainthood is imminent. Plenty of others are already busy at that task. Separating him from his legal environment is a challenge, as it\u2019s difficult to ignore a stench floating above many aspects of the\u00a0US\u00a0Dept. of Justice. These include ethics matters and a grotesque lack of accountability in an agency where accountability ought to be the most prominent of any agency in government. Indeed, DOJ\u2019s consistency in insulating Wall Street from real consequences for its criminal misdeeds \u2013 the revolving door has turned DOJ into a wholly owned subsidiary of Wall Street \u2013 could set America up for another financial debacle like 2008. Or worse.<\/p>\n

\"Jeff
Jeff Sessions,<\/span> illustration by Nancy Ohanian<\/figcaption><\/figure>\n

There is no murkier part of Washington\u2019s swamp than at the Department of Justice, where the quicksand gets recycled. Consider the message DOJ sent to potential whistleblowers who might enlighten the public on banksters<\/a>, prosecuting a very significant whistleblower as a wet kiss to Swiss banks and US subsidiaries who were very generous to the Clintons. Here\u2019s a related item, a recent glimpse of the swamp\u2019s revolving door, about a DOJ lawyer \u2013 prominent in the whistleblower travesty \u2013 now in the service of Paul Manafort<\/a>. So I\u2019ve come to view DOJ with a jaundiced eye. That was underway well before the current weasel was put in charge, a sugar magnolia eccentric whose latest itch is to rev up the death penalty, miscarriages of justice be damned<\/a>.<\/p>\n

Mueller has had a worrisome intersection with entrapment.<\/strong> Here\u2019s a first-hand account from a credible source, author and civil liberties lawyer Harvey Silverglate, whom Mueller tried to entrap when Silverglate was a defense lawyer opposing Mueller on a Federal criminal case. Without solid grounds for such an effort by Mueller, that\u2019s troubling in so many ways. An abbreviated version of Silverglate\u2019s account, and a related radio interview, is here<\/a>. It includes an experience indicating Mueller might willingly avert his eyes from prosecutorial misconduct done in the service of framing a man. Silverglate\u2019s takeaway impression of Mueller, whom he\u2019d known since Harvard Law School, became that of the Grand Inquisitor.<\/p>\n

So I was prepared to entertain the worst when an email from the conservative legal hatchet Judicial Watch touted a statement by lawyer and former Harvard law prof Alan Dershowitz implying that Mueller had been complicit in keeping innocent men in prison to protect an FBI informant, the murderous organized crime figure Whitey Bulger. Dershowitz strikes me as something of a mixed bag, but his statement was so startling one can\u2019t ignore it. “Harvard Law professor Alan Dershowitz: ‘I think Mueller is a zealot. Look, he\u2019s the guy who kept four innocent people in prison for many years in order to protect the cover of Whitey Bulger as an FBI informer. Those of us in Boston don\u2019t have such a high regard for Mueller because we remember this story.\u2019”\u00a0The statement came from this April 8th segment on\u00a0The Cats Roundtable Show<\/a>,\u00a0<\/em>a radio show hosted by billionaire businessman John Catsimatidis.<\/p>\n

There\u2019s been a\u00a0number of good books\u00a0written\u00a0about Whitey Bulger, a moral cretin but colorful enough to merit Johnny Depp playing him in the\u00a0film\u00a0Black Mass<\/em><\/a>. Curious as to if Dershowitz\u2019s statement had the ring of truth or was just ring around the collar, I sent a note to the authors of one of the best regarded books,\u00a0\u201c<\/em>Whitey Bulger: America\u2019s Most Wanted Gangster and the Manhunt That Brought Him to Justice<\/a>,\u201d<\/em>\u00a0<\/em>Boston Globe reporters Shelly Murphy and Kevin Cullen, asking what they thought of the allegation of Mueller letting innocent people rot in prison to protect Bulger. Ms. Murphy sent me a piece on the topic she had just completed:<\/p>\n

How do Hannity\u2019s attempts to link Mueller to \u2018Whitey\u2019 Bulger hold up?<\/a><\/h3>\n

Ms. Murphy\u2019s analysis, to which reporter Martin Finucane contributed, follows below:<\/p>\n

Fox News host Sean Hannity, an ardent critic of Robert Mueller\u2019s investigation into whether President Trump\u2019s campaign colluded with Russia to influence the 2016 election, has recently cast aspersions on Mueller\u2019s tenure as a federal prosecutor in Boston decades ago.<\/p>\n

Hannity has tried to link Mueller to New England\u2019s most notorious organized crime figure: James \u201cWhitey\u201d Bulger. In one segment, Hannity presented a sarcastic chart, dubbed \u201cThe Mueller Crime Family?\u201d that listed Bulger as a member.<\/p>\n

During one\u00a0opening monologue<\/a>\u00a0this week, Hannity said it doesn\u2019t seem to matter how \u201crogue\u201d Mueller is. \u201cIt doesn\u2019t matter what he did with Whitey Bulger.\u201d<\/p>\n

Hannity also said<\/a>\u00a0that while Mueller was a prosecutor in Boston, there were \u201cfour men, wrongfully imprisoned for decades, framed by an FBI informant and notorious gangster Whitey Bulger, all while Mueller\u2019s office looked the other way.\u201d<\/p>\n

\u201cIn that case with Whitey Bulger \u2014 a $100 million payout and two of the four people died in jail that were put in there and they were innocent,\u201d Hannity added.<\/p>\n

So what\u2019s Hannity talking about, and is there any shred of truth to what he said? Here is what we know about Mueller\u2019s record on those matters during his time in Boston.<\/p>\n

What involvement did Mueller have with Bulger?<\/strong><\/p>\n

None. Mueller served in the US attorney\u2019s office in Boston from 1982 to 1988, serving as chief of the criminal division, then first assistant US attorney, and later as acting US attorney for more than a year. During that time, Bulger ran a sprawling criminal enterprise and got away with murders because he was a longtime FBI informant who corrupted his handlers. The FBI and the New England Organized Crime Strike Force, a prosecutorial unit that worked independently of the US attorney\u2019s office and reported directly to the Justice Department, used Bulger to build cases against the Mafia and gave him a pass on his own crimes. The FBI\u2019s corrupt relationship with Bulger was exposed after he was indicted on federal racketeering charges in 1995 and became a fugitive. He was\u00a0captured after 16 years on the run<\/a>, convicted of 11 murders, and is currently serving a life sentence.<\/p>\n

Were four men framed by an FBI informant and wrongfully imprisoned for years, while two died in prison?<\/strong><\/p>\n

Yes, but that informant was not Bulger. Mob hitman-turned-government witness Joseph \u201cThe Animal\u201d Barboza was the key witness in a 1968 trial that led to the wrongful convictions of Joseph Salvati, Peter J. Limone, Louis Greco, and Henry Tameleo for the 1965 slaying of a small-time hoodlum named Edward \u201cTeddy\u201d Deegan. Tameleo and Greco died in prison. For years, the men proclaimed their innocence, but members of the FBI, the US attorney\u2019s office, and the Suffolk district attorney\u2019s office vigorously lobbied against clemency for Limone and Salvati throughout the 1980s and 1990s, insisting they were guilty and had ties to the Mafia.<\/p>\n

Their case drew new scrutiny after details of the FBI\u2019s corrupt relationship with Bulger and his sidekick, Stephen \u201cThe Rifleman\u201d Flemmi, began to emerge in 1998, triggering a Justice Department investigation and a congressional inquiry into the agency\u2019s mishandling of informants dating to the 1960s. In 2000, a Justice Department task force uncovered secret FBI documents indicating that Barboza framed the four men, while protecting one of the real killers \u2014 the brother of the FBI\u2019s star informant, Flemmi. Limone was freed in 2001 after spending 33 years in prison, and Salvati was pardoned four years earlier. They sued the government, alleging the FBI framed them.<\/p>\n

Did Mueller know the four men had been wrongly convicted and look the other way?<\/strong><\/p>\n

There\u2019s nothing linking Mueller to that case, according to several attorneys for the men, voluminous court records, and a former federal judge who presided over their wrongful imprisonment trial. In 2007, then US District Judge Nancy Gertner found that the FBI deliberately withheld evidence that the four men were innocent and that the bureau helped cover up the injustice for decades. She ordered the government to pay the men and their families $101.7 million. Gertner, who heard 22 days of testimony and waded through thousands of documents, found the FBI developed Barboza as a witness and turned him over to the state, without disclosing the agency\u2019s documents that indicated he was lying.<\/p>\n

\u201cAbsolutely nothing in the record that I saw suggested Mueller\u2019s involvement in any way in either the initial acts that led to the four men\u2019s imprisonment, or the acts that ended in their continued imprisonment and denying them parole or the coverup,\u201d Gertner said Friday. \u201cTo suggest otherwise, in my view, is not true.\u201d<\/p>\n

Was Mueller among the prosecutors who wrote letters to the Massachusetts parole board opposing the release of the four before evidence emerged that they had been framed?<\/strong><\/p>\n

No, according to both Gertner and Limone\u2019s attorney, Juliane Balliro, who was given certified copies of the parole board records for Limone, Greco, Tameleo, and Salvati before their 2007 trial.<\/p>\n

\u201cHis signature never appeared on anything I ever saw or can recall,\u2019\u2019 Balliro said. \u201c[Mueller] just wasn\u2019t on the radar screen.\u201d<\/p>\n

Former Massachusetts Parole Board member Michael Albano, who complained of intimidation and retaliation by the FBI after he voted in favor of commutation for Limone in 1983, said Thursday that he\u2019s convinced that at one time he saw a letter from Mueller, written in the 1980s, opposing the release of either Limone or one of the other three men.<\/p>\n

A 2011\u00a0column<\/a>\u00a0by the Globe\u2019s Kevin Cullen has been cited in media reports that attempt to link Mueller to the wrongfully imprisoned men. At the time, Cullen said Mueller wrote letters to the parole and pardons board throughout the 1980s opposing clemency for the four men. But, in\u00a0a recent column<\/a>, Cullen said he heard that from Albano but did not see any letters from Mueller.<\/p>\n

The day in 2007 that Gertner announced that the FBI was \u201cresponsible for the framing of four innocent men\u201d and awarded the multimillion judgment, Mueller, then the FBI director, was being questioned during an FBI oversight hearing in Washington,\u00a0DC\u00a0He characterized the case as a debacle and said, \u201cI would suggest to you that that is isolated. Day in and day out over the years, FBI agents have been undertaking investigations and done them lawfully.\u201d<\/p>\n

\"White
White House,<\/span> illustration by Nancy Ohanian<\/figcaption><\/figure>\n

I should note that Kevin Cullen also wrote a piece on Friday<\/a> that included some comments on Mueller and the Bulger era that seem more ambivalent about Mueller\u2019s role, or at least Mueller\u2019s responsibility to be more knowledgeable as to what was going on when he was in Boston\u2019s US\u00a0Attorney\u2019s\u00a0office during the Bulger saga, in various capacities including acting US Attorney.<\/p>\n

Even though the FBI and the prosecutorial unit involved in the coverup of wrongful convictions reported directly to the Justice Department, one does wonder why the local head cheese didn\u2019t know more of any miscarriage of justice on his turf, particularly related to a high-profile character like Barboza.<\/p>\n

I believe cautions on Mueller such as that by Silverglate, author of\u00a0Three Felonies a Day, How the Feds Target the Innocent<\/em><\/a>\u00a0are worth staying mindful of as Washington\u2019s reality circus parades forth.<\/p>\n

But on the matter of whether Mueller was a creep who let innocent men rot on behalf of Bulger, I\u2019m deferring to the reporting of Whitey Bulger expert Shelly Murphy and to the assessment of then US District Judge Nancy Gertner, quoted in Ms. Murphy\u2019s article above. As to Hannity\u2019s credibility and his ready twist-up with a different cast of characters, well, what\u2019s the point?<\/p>\n

If Alan Dershowitz has evidence to the contrary, I encourage him to get in touch so we can present it in this happy-go-lucky forum.<\/p>\n

However Mueller\u2019s investigations sort out, the long-term harm from the jaw-dropping venality of the Trump Administration is where the country\u2019s prime focus ought to be.<\/p>\n

Whatever tactics Mueller pursues, they\u2019d better prove better than a prosecutorial gotcha card like that played on Bill Clinton over a personal sexcapades scandal, or he might make Trump a more sympathetic character than he deserves.<\/p>\n

A personal aside on DOJ: I saw up close how laughable DOJ\u2019s Office of Professional Responsibility is when I tried for some measure of accountability for a self-serving US Trustee who made a disgusting mockery of the concept of trust. That\u2019s a digression I won\u2019t go into now, other than to note the OPR is colorfully described as a Roach Motel \u2013 complaints check in but they don\u2019t check out. That doesn\u2019t inspire confidence.<\/p>\n

If Mueller sticks around, I hope he isn\u2019t dragged down by the agency culture that surrounds him.<\/p>\n

That culture comment isn\u2019t a broadside at government employees, at least the majority who haven\u2019t tumbled to minions status or are looking for lucrative passage through the revolving door. I\u2019ve done stints in bureaucracies, including legal at an agency with a liberal image as Ronald Reagan\u2019s wrecking crew came calling. I understand what those serious about serving the public are up against, and wish them better luck persevering than I had. And I hope some find reliable backchannels if in the mood to blow whistles, even quietly. The comment is about those who cultivate cultures where anything goes to justify the end, or to give a pass to the well-connected, or to simply muddy the waters of accountability. They’re a fraction, but a well-placed fraction.<\/p>\n

\"Closing
Closing In,<\/span> illustration by Nancy Ohanian<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

I don\u2019t want to genuflect to Robert Mueller as if his sainthood is imminent. Plenty of others are already busy at that task. 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He extended his reach with travel writing, and efforts such as supervising elections and doing special projects. A member of the National Press Club international correspondents and photography committees, Skip has a diverse subject mix including politics, law, business and travel. His work has appeared in well over a hundred different magazines and newspapers worldwide. Of late, many of his features are for \u201cGlobal Insight\u201c, the magazine of the International Bar Association, for which he often comments on Washington dysfunction. 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