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Cronyism in the court?

"I sleep well. I know damn well I haven't done anything wrong or unethical – and those people who say otherwise can go to hell.''
Photo: IJ File Photo
By Guy Ashley, Marin Independent 10/29/00

PERHAPS it was inevitable that Judge Michael B. Dufficy would be called a courthouse crony.

Dufficy was born into the tight-knit legal community that has always run Marin County's courts. His great-grandfather was justice of the peace in San Rafael in the late 19th century; his father was Marin's chief deputy district attorney.

Before he ever donned a black judge's robe, Dufficy spent 26 years doing daily battle as a prosecutor and a defense attorney in Marin. He scored his biggest triumph by winning an acquittal for one of six defendants charged in a bloody San Quentin escape attempt in what remains one of the most celebrated trials in county history.

As he enters his second decade on the bench, however, the 62-year-old judge faces allegations he plays favorites in court. Critics say he rules in favor of a select few friends - attorneys who were once his colleagues - whose interests he has placed before families and children who stand before him in court.

The persistent claims of cronyism touch on the very essence of the man, for decades an active socialite who learned the benefits of keeping the right company early on by gaining his judicial appointment after twice chairing a governor's local campaign.

Recent months have seen a steady stream of revelations that raise questions about Dufficy's objectivity as a judge, and fuel the fires of those who wonder if justice - or the right representation - wins the day at the San Rafael courthouse.

"This isn't about corruption,'' said San Rafael attorney Paul Camera, a Stanford classmate of Dufficy's who has become one of the judge's fiercest critics. "It's about cronyism. Cronyism in its worst possible form.''

To Dufficy, the criticism has hit hard. In May he stepped away from his favorite assignment as Marin's chief family law judge - a position he held for seven years - citing a stress-related heart condition that his doctor linked to the controversy that has rattled his reputation.

He now hears civil cases, and veers from solemn acknowledgement that he wasn't careful enough about appearances to outright anger that he has been smeared.

"Yes, I maintained social relationships with lawyers,'' he said recently during a recess in his courtroom. "In retrospect, I should have been more careful.'' Moments later, his assessment was more pointed: "I sleep well. I know damn well I haven't done anything wrong or unethical – and those people who say otherwise can go to hell.''

Focus on family courts

The schism surrounds the operation of Marin's family law courts, where heart-rending disagreements involving divorce and child custody disputes take center stage every weekday.

Dufficy's supporters say he was caught in a wave of revolt that grips family law courts nationwide.

C. Clay Greene, a longtime family law attorney in Marin, said public resentments about perceived wrongs in divorce courts have boiled over, and that Dufficy happened to be in the wrong place at the wrong time.

"What is happening in Marin is happening all over the country. There has been a concerted effort to gather opposition to judges hearing these cases,'' Greene said. "In my opinion, this would have happened to anyone who happened to be the family law judge at the time.''

Dufficy's critics, however, say the tide of resistance rising against him has everything to do with the man, and his decisions inside and outside the courtroom.

"He's a nice guy,'' said Larkspur attorney Kathryn Ballentine Shepherd, a regular in Marin's family law courts for the past two decades. "But he set up a system that was all wrong.''

Criticism builds

For Dufficy, there were few public signs of trouble as the year 2000 dawned. He was drawing praise for launching a new juvenile drug court that emphasized treatment over punishment for young people caught in the throes of substance abuse. In January, he announced happily that he was taking another two-year stint running the family law division.

Then came a storm of opposition that rattled the Marin legal community in late February, when an investigator hired by a dozen disenchanted citizens went public with a report asserting that Dufficy showed favoritism toward a hometown coterie of attorneys and court-appointed experts, and maintained conflicts of interest that tainted his rulings.

Investigator Karen Winner suggested the FBI was investigating possible criminal violations, a claim rekindled repeatedly by citizens who say they've been interviewed by federal agents with an eye on Dufficy's conduct. The FBI will not confirm or deny the reports.

Dufficy supporters dubbed Winner's report a hit piece. Seven family law attorneys published a counterattack backing the judge.

Buoyed by the Winner report, another group of critics launched a recall drive against Dufficy and three other judges and the district attorney.

And some family law court fixtures began turning against Dufficy.

Shepherd, the Larkspur divorce attorney, said she once considered Dufficy a close friend. But the organized resistance to Dufficy caused her to question the close social quarters she and other attorneys kept with the judge.

"All of a sudden it just dawned on me,'' she said. "It looked terrible.''

Shepherd said she had long benefited from being an insider in Dufficy's court, and a member of an A-team of local matrimonial lawyers known as the FLEAS, or Family Law Elite Attorneys Society.

She recalled festive weekends spent at Dufficy's ranch in Calaveras County, schmoozing with the judge and other regulars in the family law court. She remembered dinners with Dufficy and her colleagues, and the shop talk she felt was better left in the courtroom.

"I'm not saying there were corrupt things going on,'' she said. "But I could see why there was this perception of inappropriate conduct. And the only way our system of justice can work is if people feel it is fair and fairly administered.''

Camera, Dufficy's former colleague, said the bonds Dufficy developed with certain attorneys grew so tight that he knew there were some cases in which his clients didn't have a chance.

"Against some attorneys in there, you didn't have a prayer,'' Camera said.

Dufficy defenders

Greene said any local lawyer worth a retainer is going to become familiar with a judge's predispositions. They also are going to show over time that when they tell a judge something, they are being truthful and can be trusted.

"If I have a good reputation and know the judges, they will believe me when I say something and I won't necessarily have to prove it,'' he said. "But it's not like they're up there saying, "hmm, Clay gave me $100 for my last campaign so I'll rule for him. If that were the case, I wouldn't have lost that case two months ago that I thought I should have won. The person who won, by the way, was represented by an out-of-town lawyer.''

Richard Barry, a San Rafael family law attorney who has been practicing in Marin for 35 years, said close relationships that for years were never questioned are being used to batter Dufficy's reputation.

Barry said he co-founded the FLEAS about a decade ago with an eye on helping local attorneys who did daily battle in court "to learn how to be civil to each other.''

"We would get together about 10 times a year to talk about issues in the area of family law,'' Barry said. "It's not like we were a cross-pollinated social organization. The idea was that if you could sit down together for dinner every once in a while, it was harder to be mean to each other in court.''

The group called itself "elite'' as a joke, Barry said, admitting that it's not so funny in the current court climate. "Given all that is happening now, it looks terrible,'' he said. "What can I say?''

The group allowed only five women and five men, and only one attorney per law firm. Barry says this setup meant several of the county's top family law attorneys - including current Marin judge Verna Adams, repeatedly mentioned by critics as the most favored lawyer in Dufficy's court - were precluded from joining the FLEAS.

Barry said Dufficy and Court Commissioner Sylvia Shapiro, another longtime family law jurist who received some of Winner's wrath, were original FLEAS members, but withdrew from the organization when they took the bench.

"In December each year we would have a holiday meeting and invite the judges,'' Barry said. "It was strictly a social event. If it was wrong to socialize once a year with the judges, then heaven help us.''

Dufficy history

If he had grown too comfortable in the county courthouse where family law cases are heard, perhaps history played a helping hand: Dufficys have been at the vanguard of Marin's legal circles for more than a century.

In the 1880s, when San Rafael was but a dusty stop along the Northwestern Pacific Railroad, Dufficy's great-grandfather, Michael C. Dufficy, stood in the top echelon of local attorneys, serving for a time as committing magistrate for Marin County. The elder Dufficy was nominated for Marin County Superior Court judge in 1896, but turned down the post in favor of maintaining his legal practice.

The current judge's father, Ellis Dufficy, also was a respected local attorney who served as Marin's chief deputy district attorney for four years in the late 1940s.

Michael B. Dufficy was born and raised in Ross and attended Sir Francis Drake High School. After graduating from Stanford University and Hastings College of Law, he followed in his father's footsteps by joining the Marin District Attorney's Office as a deputy prosecutor in 1964. Two years later, he left the office to go into private practice, earning certificates from the state bar as a specialist in criminal defense and family law.

In 1976, Dufficy had his greatest legal triumph by winning acquittal for Fleeta Drumgo, one of the San Quentin Six murder defendants charged in a bloody prison escape attempt in which three guards and three inmates died.

By 1982, he was waging a fierce campaign for Municipal Court judge, saying his experience as a prosecutor and defense attorney better qualified him for the bench than his opponent, career prosecutor Ernest Zunino. Zunino won, despite being outspent in the campaign by Dufficy.

The scenario was almost identical six years later, when Dufficy made a second unsuccessful attempt for the bench. This time, he was swamped at the polls by Judge William Stephens, even though Dufficy had brought home endorsements from many courthouse heavyweights and outspent his opponent by more than 60 percent.

Governor's appointee

Turned back at the ballot box, Dufficy found another way to a judgeship: He was appointed to the Marin Municipal Court in 1990 by then-Gov. George Deukmejian. The appointment occurred after Dufficy chaired Deukmejian's local campaigns in 1982 and 1986.

Dufficy has yet to be challenged at the polls. Since his appointment to the bench, he has come up for election twice and faced no opposition. He won a second six-year term in 1998 without having to appear on the ballot because nobody challenged him.

Dufficy's appointment to the bench apparently did little to stifle the judge's desire to have a good time with his friends. For years, local attorneys have convened at the judge's spacious ranch in Calaveras County for an annual Memorial Day weekend bash.

"It could get pretty wild up there,'' said Shepherd, a Memorial Day regular at the ranch. "For years it was all drinking and outlandish behavior, though it has calmed down in recent years.''

Burned in Shepherd's memory is the weekend after his judicial appointment, when Dufficy "passed out T-shirts that said 'Good Ol' Boy,' and had two guys scratching each other's backs,'' Shepherd said. "That shirt is loaded with symbolism.''

Attorney critiques

Late last year, lawyers within the county bar association took part in the largest-ever evaluation of local judges. Several contributed anonymous comments that were not flattering.

One attorney wrote of Dufficy: "It is common knowledge that he favors certain attorneys.'' Another wrote: "The term 'good-old boy' comes to mind." Yet another submitted: "If not on his party list - you have no chance.''

On grids evaluating each Marin judge's performance, however, Dufficy appears to have finished middle of the pack. He scored higher than several colleagues when attorneys were asked if he treats all parties, attorneys and law firms fairly and equally.

Dufficy has hardly helped his own cause.

In April, he wrote a letter to board members of the Marin County Bar Association addressing the Winner report. The letter was typed on court stationery, and some attorneys felt that Dufficy made inappropriate use of court resources to defend himself.

Dufficy said the letter merely thanked the association for backing him in trying times, and was written at home on his own time.

"It was absolutely not a play for support,'' he said.

In May, two partners in the Corte Madera law firm of Diamond, Bennington and Simborg issued a letter to other lawyers seeking $1,000 contributions to help Dufficy fight the recall campaign.

The letter promised potential donors that all contributions would be kept confidential, in what would have been a violation of state campaign finance laws. A lawyer in the firm, Peggy Bennington, later admitted to a lack of understanding of those laws, and the names of donors were provided to county elections officials.

Possible conflicts cited

One point of criticism that drew pause around the courthouse involved revelations that Dufficy's wife, Penelope, routinely worked as a freelance legal secretary for attorneys who appeared in his court.

Dufficy said he had received two opinions from the California Judges' Association that his wife's work posed no ethical problems. Critics say the association is a professional organization with no authority over judges. They also note that the state's Code of Civil Procedure says a judge has a financial interest in a case if his spouse is employed by attorneys appearing in a case.

Records filed with the county show that Penelope Dufficy was employed by several local law firms - including Diamond, Bennington and Simborg, and the firm run by Judge Adams - at the time their attorneys appeared regularly before Dufficy in court.

Barry said Dufficy might have overlooked the appearance his wife's work might create, but added: "I have never felt it affected his decisions.'' Barry cites a 1998 court case in which Penelope Dufficy prepared papers for him in a heated divorce case that went before her husband. He said he sought help from the judge's wife - who signs her maiden name, "Thorp,'' to her official work - only after receiving consent from the opposing attorney.

The issue was cut and dry, win or lose, and Barry presented his case to Judge Dufficy in written pleadings neatly prepared by the judge's wife.

"I lost,'' Barry said."And I am absolutely, totally confident that Penny made up those papers, went home and uttered not one word about the case to her husband.''

Even if Penelope Dufficy's work had no bearing on the cases in court, critics assert her ties to lawyers appearing before her husband leave an improper appearance.

"If you're involved in a difficult, emotionally draining case, and later on you found out that the judge's wife worked for the opposing attorney, you're going to think it affected the outcome,'' Shepherd said.

Shepherd said she once leased a space in her office to a mediator for whom Dufficy's wife worked. In March 1999, she said she heard Penelope Dufficy tell her own secretary: "I hope Kathryn will not be too disappointed by the outcome of this case.'' Said Shepherd: "The case was still pending. And how would she know about the outcome if she hadn't discussed it with Mike and he had pre-judged the case?''

Judge Dufficy said his wife never spoke to him about the cases on which she worked. "We didn't go there,'' he said. "It was like a Chinese wall in our house.''

Shepherd eventually filed papers seeking to disqualify Dufficy, claiming the judge was biased against her client. The matter was sent to another judge in May when Dufficy stepped out of family court.

Penelope Dufficy's work with many of Marin's largest and most prestigious law firms is outlined in financial disclosure statements the judge files yearly in accordance with state law.

For several years, until 1998, Dufficy also was a part owner of the Island Club, a duck-hunting club in Solano County. He said none of the other investors were attorneys in Marin.

He did say he enjoyed duck hunting with his longtime friend, San Rafael attorney Richard Riede. Riede was not an owner of the club, but for a time he performed legal work for the club. In 1998, Riede signed papers recorded with the Secretary of State's office in Sacramento when Dufficy sold his financial interest in the club. He also represented the Dufficys when they sold a piece of property in San Rafael.

Riede also appeared in Dufficy's courtroom and on occasion was appointed to probate cases. Dufficy said those appointments always were made by a third party, called an independent fiduciary, who is appointed to hold estates in trust until the conclusion of court contests.

"I don't recall that I ever appointed Rick Riede to a case,'' Dufficy said.

Neither Reide nor Penelope Dufficy returned phone calls seeking comment.

Shepherd said questions about Dufficy that have emerged in recent months have caused her to re-evaluate every case she brought before him, his every ruling, his every utterance.

"I've even found myself wondering, was I really a good lawyer, or just a pal?'' she said.

Shepherd's criticism of the judge prompted Dufficy's son, Kevin, to publicly call her a "bitch," among other invectives. Shepherd has filed a police report alleging he also threatened her and her husband, an allegation Kevin Dufficy denies.

Judge Dufficy said he believes he's figured out his one critical mistake as chief family law judge.

"I stayed on the assignment too long,'' he said. "A lot of people get upset with the decisions made in some of these custody cases. When you do this type of work for so long, after a while all that anger gets focused on you.''



Curley claims e-mails give look into NAMBLA Computer files allegedly recovered from "trash bin"
CHRONICLE STAFF Cambridge (Mass) Chronicle, October 25, 2000

The lawyer representing Jeffrey Curley's family filed a computer disk as evidence against the North American Man/Boy Love Association in court yesterday.
The disk contains thousands of e-mails taken from NAMBLA's own system, according to the Curley's lawyer, Larry Frisoli. These e-mails, which were either sent to or returned to NAMBLA, allegedly reveal that the pedophile organization solicits and distributes child pornography, provides lists of boys available for sex, and recommends torture, rape and murder of the organization's perceived enemies, he said.
The disk was given to Frisoli from an anonymous source who allegedly recovered the e-mails from NAMBLA's "trash bin." The authenticity of the e-mails has not been confirmed.
"I think it's very damaging to NAMBLA because it's their records," Frisoli said.
The $200 million wrongful death suit was filed in May in U.S. District Court and alleges that NAMBLA is partly responsible for 10-year-old Jeffrey Curley's kidnapping and murder in 1997. Charles Jaynes, one of his killers, was a NAMBLA member.
NAMBLA has always maintained it does not advocate any sort of coercion, seduction or violence towards boys. An anonymous letter was sent to the Chronicle along with several NAMBLA publications.
"NAMBLA has regularly decried rape, kidnapping and other violent acts," the letter stated. "NAMBLA has never published or distributed any material advocating or describing positively any form of manipulation, coercion or violence against children, youth or adults, nor has it published or distributed child pornography."
The American Civil Liberties Union agreed to represent NAMBLA. The ACLU said that NAMBLA has a First Amendment right to advocate for change in age of consent laws and should not be held responsible for its members' actions.
Recently, the Curley family retained attorney Patrick Gillen as
co-counsel. Gillen is from the Thomas Moore Center for Law and Justice, an Ann Arbor, Mich., firm that focuses on Constitutional law.
According to him, NAMBLA is not protected by the First Amendment.
"We believe that the evidence uncovered thus far shows that NAMBLA members shared a commitment in enabling members and associates of the organization to avoid detection by law enforcement," Gillen said. "Facilitating, aiding and abetting criminal activity is not protected by the First Amendment."
However, John Reinstein, the legal director for the ACLU's state affiliate office and the lawyer representing NAMBLA, said that he thinks that this case is about the First Amendment, and that Frisoli has not stated what specifically NAMBLA has done to lead to the murder of Jeffrey Curley.
Reinstein recently filed a motion for a more definite statement in court, stating that the allegations filed in the original lawsuit are vague, ambiguous and make sweeping generalizations.
"What is it that [NAMBLA] did that led to the death of Jeffrey Curley?" Reinstein asked.
According to Reinstein, the defendants (NAMBLA) can not respond to the lawsuit because they are not aware of the allegations. Reinstein asked the court to order the plaintiffs to file a more definite statement that includes a description of the specific publications, statements and meetings that support the allegations, as well as a description of the conspiracy in which the defendants are alleged to have participated in.
In response, Frisoli, on behalf of the Curley estate, filed a response to that motion Monday morning.
Frisoli's latest filing states that NAMBLA's organizational structure is made up of individuals who facilitate several things: distributing child pornography; helping members profile children to be raped and avoid law enforcement; participating in child sex-slave trades; and assisting members to assault, rape and murder individuals who oppose NAMBLA and their families.
In addition to NAMBLA's e-mails, additional evidence was submitted to the court. Frisoli filed copies of NAMBLA-related materials that police found in Jaynes' home and car, as well as a portion of his diary that talks about how NAMBLA influenced him.
Frisoli has also submitted a television news report that focuses on a sex orphanage in Thailand to support his case. According to police, the orphanage was operated and frequented by NAMBLA members and associates.
According to the document that Frisoli filed, Robyn Neil, Jaynes' former fianc, testified of Jaynes' acknowledgement of NAMBLA in 1996/1997 and a change in sexual orientation thereafter. Another woman testified that she thought Jaynes' involvement with NAMBLA influenced him to do what he did to Jeffrey Curley, according to the document.
Reinstein said that the plaintiff's response was insufficient and still does not deal specifically with the allegations.
"None of that material brings us any closer to understanding why the Curley's should be entitled to damages from NAMBLA," Reinstein said.
A self-professed NAMBLA member from Massachusetts, who would only identify himself as Socrates, defended the group last month. Socrates said that Jaynes is not representative of the peaceful group, and that if NAMBLA knew about Jaynes' stalking Jeffrey Curley, the murder may have been prevented.
However, Frisoli said that Jaynes was just a foot soldier doing what NAMBLA told him to do. He said that he thinks there is enough evidence to indict NAMBLA on criminal charges, and that he expects the damages awarded in the civil suit, if it goes to trial, will be in the
billion-dollar range.
Bob Curley, Jeffrey's father, said he has made it his mission in life to put NAMBLA out of business, and that he is prepared to fight for years to come.
"It's an ongoing battle," he said.

Curleys not the first to accuse NAMBLA.
By Ryan Thompson, Chronicle Staff (Cambridge, MS)
September 13, 2000
A parent and police in California also blame the group
The Curley family does not stand alone when blaming the North American Man/Boy Love Association for crimes committed against children.
A California mother and California police point their fingers in the same direction, connecting various NAMBLA members to numerous sex crimes - including links to a Thai sex orphanage and a pedophile survival manual.
"NAMBLA is hiding very carefully under the First Amendment, while at the same time offering comfort and support to those men who are convicted sex offenders," said California-resident Debbie Mahoney, whose boy was repeatedly molested by a man police say is a NAMBLA member.
Recently, the Curley family from Cambridge filed a $200 million federal lawsuit against NAMBLA, alleging that the group is partly responsible for their 10-year-old's abduction and murder in 1997. Charles Jaynes, one of the two men convicted in the killing, was a member of NAMBLA.
"Charles Jaynes was just one of those foot soldiers doing what NAMBLA told him to do," said Larry Frisoli, the Curleys' attorney. "Our position is that Jeffrey Curley is just one of thousands of victims."
The American Civil Liberties Union has agreed to represent the group, which publicly advocates for changes in the age of consent laws. The ACLU has said it took the case to protect NAMBLA's First Amendment rights and because NAMBLA should not be held responsible for the actions of members. NAMBLA members contacted for this story did not return calls for comment.
A self-professed NAMBLA member from Massachusetts, who would only identify himself as Socrates, defended the group. Contact between the man and the Chronicle was facilitated by an employee at the American Friends Service Committee in Cambridge, who verified that Socrates is indeed a NAMBLA member.
Socrates said that Jaynes is not representative of what the group is all about.
"He never attended any meetings or met any members," Socrates said. "If he had, [Jeffrey Curley's murder] may not have happened."
Socrates said that if NAMBLA members had met Jaynes and found out he was stalking Jeffery Curley, they would have dealt with it and tried to prevent it. Much like the organization itself has always said, Socrates said that the group does not advocate rape or murder, but only believes in consensual man-boy sex.
"I don't think that any type of coercion or seduction is right," Socrates said. According to him, most NAMBLA members insist that the boys are in control, and that simple touching should not be compared with murder and mayhem.
Socrates said that he thinks that boys are capable of consenting to these relationships and are not being manipulated. Although NAMBLA does not establish a minimum age that is appropriate for man-boy love, Socrates said that he thinks that a 6-year-old is too young, but that certain things may be appropriate with a 10-year-old. The majority of boys involved in man-boy relationships are adolescents, according to him.
Mahoney's son, Brian, was 10 years old when he was first molested by his next-door neighbor, Jonathan Tampico. Police said that Tampico was a NAMBLA member and was arrested in 1989 and charged with numerous crimes related to the sexual conduct with Brian that occurred from 1984 to 1986. He pled guilty to lewd and lascivious acts against a child under the age of 14, and was sentenced to six years in prison.
"Unfortunately, I moved next door to a pedophile," Mahoney said. "Tampico told Brian to keep it a secret."
According to Mahoney, it wasn't until an imprisoned NAMBLA member told police about Tampico and several other alleged pedophiles in the area that Brian's story finally came out. Officer David Goodness of the Fremont, Calif., police said the informant gave up numerous names of people he said were NAMBLA members and actively molesting boys.
It was this information that started the huge investigation in the Bay Area and led to the arrest of Tampico and several others. According to Tim Painter, a NAMBLA expert and an inspector for the Alameda County District Attorney's office, officers found a copy of a pedophile safety manual when they raided Tampico's home. Painter headed up the investigation when he was a police officer.
Painter said that "The Survival Manual: The Man's Guide to Staying Safe in Man/Boy Sexual Relationships," was written by NAMBLA member David Groat and was in the process of being edited by Tampico.
The book was not published by NAMBLA, and Painter said that it was never completed. Socrates said that he has never heard of the book.
"Not only has NAMBLA not published it," Socrates said. "We don't even know about it."
According to Socrates, Groat "has lived a perfectly exemplary life for many years."
Groat was a member of the steering committee for NAMBLA, the governing body of the organization, according to police.
"I have written this guide to educate boy-lovers ... on how to handle attacks and problems in their lives, and how to escape torture and imprisonment," the book states. "Its goal, as big as it seems, is to save American boy-lovers from experiencing these destructive attacks, and to ensure that man/boy love continues its existence for generations to come."
The book deals with various safety issues for those engaged in sex with young boys - including where to have sex and how to stay secretive. The book reveals personal sexual experiences with boys in detail. The book mostly focuses on how to elude and escape the law, and details police and FBI procedures.
"Never forget that sex lasts only for a little while, but prison may last forever," the book states. Another phrase in the book, which was crossed out in the editing process, said, "there are no differences between us; we are all the same; we are boy-lovers."
The book also instructs boy-lovers on how to survive prison and how to live safely in another country after becoming a fugitive. The book suggests not going to countries where there are high amounts of "sex tourism," such as in Thailand.
He said that Groat and a NAMBLA associate, Mark Morgan, were actually imprisoned for more than a year in Thailand. They were running an orphanage in Bangkok that was basically a front for a child pornography and sex operation, Painter said.
Sgt. Bob Nalett, supervisor of the sexual assault unit for the San Jose police, was also involved in several NAMBLA-related cases. Nalett said that he investigated NAMBLA member Joe Powers, who is listed as a defendant in the Curley lawsuit and pled guilty to having sexual conduct with a minor in the past and served time in prison.
"Mark Morgan ran this orphanage - basically nicknamed 'Club Ped,'" Nalett said. "If you went there, he would provide you with a young boy."
According to Painter, approximately 15 to 20 NAMBLA members and
associates frequented the Bangkok orphanage. Pedophiles would fly into Toronto bringing back child pornography on undeveloped film and reassembled videotapes, he said. They unwound the videos, and then rolled the tape up backwards, so that when it was played, no footage would appear, he said.
Painter said that Tampico, who was paid well at his job as a nuclear physicist working on the missile defense initiative commonly known as Star Wars, lived like a pauper because all his money went to fund frequent traveling to Bangkok.
In fact, Tampico was arrested for the sex crimes he committed against Brian on a plane that was returning from Thailand - just as soon as the plane reached U.S. airspace. After serving two-and-a-half years in prison, Tampico was let out on parole in the Fremont area.
Tampico was then arrested for violating his parole when he attended a children's choir competition. During that same time, Goodness was in the process of building a case against Tampico involving child pornography.
Goodness said he found 52 containers of child pornography and pedophile material - much of it NAMBLA related - in a storage locker that Tampico rented under a false name. Tampico was sharing the locker with about 15 other people, who Goodness said are either NAMBLA members or associates.
The large stash of pedophile material included more than 50,000 photos and 500 videos, according to Mahoney. Goodness said that he also found original photos of the pictures that appear in the NAMBLA Bulletin, the group's publication, as well as the printing templates used for the magazine.
However, Tampico was released from prison on a technicality before the child pornography-related charges could be brought up against him. He disappeared and remained a fugitive for about six years.
It wasn't until "America's Most Wanted" aired an episode about Tampico that he was captured in July 1998 in College Station, Texas. He was convicted of possessing, receiving and distributing child pornography on Feb. 14, 2000, and was sentenced to 30 years in prison.
"He didn't even show any remorse," Goodness said.
The two men responsible for Curley's kidnapping and murder, Jaynes, of Brockton, and Salvatore Sicari, of Cambridge, were sentenced to life in prison in 1998. Jaynes was convicted of second-degree murder and will be eligible for parole after 15 years. Sicari was convicted of first-degree murder and will not be eligible for parole.
Last month, a jury awarded the Curley family $328 million in a wrongful death suit against Jaynes and Sicari - although the Curleys probably won't receive any money from the two imprisoned convicts who have no source of income. Frisoli said that he expects the Curleys to be awarded damages in the billion-dollar range in the lawsuit against NAMBLA.

US National Security Agency (NSA) badly crippled

By: Thomas C Greene in Washington, The Register
Posted: 23/10/2000 at 14:37 GMT

Those accustomed to imagine the US National Security Agency (NSA) as some guild of omniscient, malevolent hermits effortlessly deciphering all the electromagnetic noise enveloping the modern world will be bitterly disappointed to learn that its basic, functional competence is in doubt.

While the Agency has been credited with miraculous achievements such as monitoring every communication made by electronic means worldwide with its famous Echelon system, there's reason to wonder if it will even exist a decade from now.

Whistleblowers urgently needed

The NSA has got severe internal problems, long suspected but only recently confirmed. Conspiracy paranoiacs will of course insist that the Agency is leaking the bad news as part of a subtle plot to throw us all off the scent of their shocking capabilities. But those who understand the frailties of human nature will find it easier to suspend disbelief, and even sympathise a bit.

Far from the perfectly-tuned "Mission Impossible" team of popular myth, the NSA is in fact "an organisation ripe for divestiture; its individual capabilities are of greater value than the organisation as a whole. [Its] lack of leadership is responsible for... the complete breakdown of the NSA governance process," according to an internal NSA report dated 1 October 1999 and released on 17 October 2000 under a Freedom of Information Act (FOIA) request by the journal Inside Defense.

Meanwhile, an external audit summary dated 22 October 1999 and released 17
October 2000 reaches much the same conclusion, noting, for example, that the Agency's "leadership culture... appears most interested in their positions and protecting their people's jobs at the expense of accomplishing the mission."

The second study finds a veritable shopping-list of faults, among them a "broken decision-making process; poor financial management; a broken personnel system; inadequate business management, program management, and system engineering; poor stakeholder relations, particularly with Congress; and an inward-looking culture," all of which, the authors warn, foreshadows "technology obsolescence, [a] gap with commercial practice."

Low morale within the ranks brought on by an irrational system of pay raises and promotions combines with general budgetary madness to make the NSA appear "to operate like an entitlement program."

The Agency has got to integrate itself into the wider intelligence and security community, which encompasses both government and private business interests, in order to stay relevant - in order to survive. But a legendary culture of secrecy and isolation make that its single most difficult challenge.

The "No Such Agency" culture appears to be the consequence of an established environment of back-stabbing and cover-your-ass indifference. The report found that "the present mindset fostered a society where people were afraid to express their own thoughts. Even though people spoke to us with true candour, they always wanted to avoid attribution because of the perception that the information was going to be used against them."

And of course, if these guys can't trust each other, there's little reason for us on the outside to trust them either.

Both reports suggest images of a sinking ship on which no one dares lower a lifeboat, or even mention the painfully obvious. The Agency has created "a culture that discourages sending bad news up the chain of command. [Yet] the staff knows NSA is falling behind and is not properly addressing the inherent problems of the emerging global network."

And if that wasn't enough, to top it off the House Permanent Select Committee on Intelligence stated bluntly in a recent report that "Each type of communication - radio, satellite, microwave, cellular, cable - is becoming connected to all the others. Unfortunately, as the global network has become more integrated, NSA's culture has evolved so that it is seemingly incapable of responding in an integrated fashion."

It has fallen to the NSA's Director, Lieutenant General Michael Hayden, USAF, to address these shortcomings as the Agency struggles for relevance in the digital real world. During a recent NIST security conference, Hayden outlined some of the changes he's already implemented, chief among them a new merit-based pay system to attract and hold talented employees, which the agency often loses in droves to corporate head-hunters.

What did you do in the cyberwar, Daddy?

The General also spoke of NSA's role in cyber-defence, a seemingly natural area of expertise. But the timing is unfortunate. As the Hermit Agency struggles to recover from a crisis of mismanagement and navel-gazing, other government bureaux are pressing it to take both defensive and offensive roles in the anticipated cyber conflicts of the near future. It ought to have made ready to do just that, but clearly has not found the time.

"Many personalities in the [Department of Defence] would like NSA, since it understands the technology, to become a combat element in cyberspace. NSA is resisting this because it can lead to a series of terrible legal quagmires and even more intense scrutiny than it already gets from Congress," a senior US intelligence official told The Register.

"Such roles would bring enormous legal, publicity, and other problems that Hayden doesn't need right now. Thus, Hayden and NSA are contemplating expanded offensive roles, but only insofar as they have to study the issues in order to avoid being stuck with them," he added.

But if the NSA is preoccupied with its own restructuring efforts, we have to wonder who is going to respond if the US or its allies were to sustain a serious information attack.

"The possibility exists that the offensive arm would solely be some government element designated by the President to carry out a covert action. Executive Order 12333 [signed by Ronald Reagan in late 1981] allows the President to pick whoever he determines is capable of fulfilling the task," the official told us.

While there is a working agreement to organise US cyber-defences by the US Critical Infrastructure Coordination Group, chaired by National Coordinator for Security, Infrastructure Protection, and Counter-Terrorism Richard Clarke of the White House National Security Council (NSC), one has to wonder if the spirit of cooperation might not get lost in the sort of inter-agency rivalries one finds throughout the US government.

"Yeah, this field has it also," the official told us, and "with a strange 'religious' overtone -- many agencies are acting like they are fighting to control the future."

The rapid growth and multiplication of interested parties in cyber-defence - military, intelligence and law enforcement - provides an excellent opportunity for empire- building, which could easily take precedence over coordination and integration.

"We have a 'systems-integration' problem," the official observed. "Not enough folks are involved; but much worse is the fact that what we are doing is not well tied together due to the complexity of the technical and organisational interrelationships."

So what we have is something of a paradox, with too many agencies marching to their own drummers, and too few getting to the heart of the problem, which is to exploit what each one does best, and then integrate the parts into a rational cyber-defence strategy. Otherwise, as the NSA's paralysing troubles illustrate, each player's individual preoccupations are really just that. ®

Microsoft on the bounty OR Microsoft Mercenaries Wanted 
From RadTimes #86 / WSJ  (Tip: Ronn D at Futursource)

Lobbying firm offers cash payments for grass-roots comments to lawmakers and policy makers

Bounty payments are being offered for pro-Microsoft letters and calls, the Wall Street Journal's Washington Wire reports.

Republican Ralph Reed's lobbying firm coordinates a network of public-relations and lobbying partners that generates grass-roots comments for cash. Payments are for letters, calls and visits to lawmakers and policy makers. An e-mail offers sample letters opposing a Microsoft breakup.

A letter to a member of Congress from a mayor or local Republican Party official is worth $200, the guidelines say. A "premier" letter or visit by a fund-raiser known to the lawmaker or a family member can be worth up to $450 apiece. An op-ed piece in local papers fetches $500.

Microsoft says, "Our competitors are attacking us, and we're working to assure our supporters are heard."

FBI Agent's Crime Up While US Crime Down
(Tip: Ronn D at Futursource)

Libertarian Party News
October 2000, Page 12

A new report says that crimes and misconduct by FBI agents jumped 18% over the last year, while crime rates in general are falling.  Which makes Libertarians wonder: Could we reduce crime by abolishing the FBI?

"Ordinary Americans are committing fewer crimes -- while FBI agents appear to be going on a crime spree," said Steve Dasbach. "Is the FBI the last bastion of organized crime in America?"

According to Federal Bureau of Investigation reports, a record 538 misconduct investigations were launched against FBI agents and employees last year- an 18% increase over the previous year. Other FBI employees were investigated for crimes such as credit card theft, shoplifting, and eluding a police officer.

Meanwhile, the violent crime rate in American dropped another 10.4% last year -- falling to a 26 year low.

"This stark contrast raises the question: Does the FBI cause more crime than it prevents and solves?" said Dasbach.  "And would America be a safer place if we eliminated the FBI?"


Linked stories:
Crime in the United States, 1999

(FLI Newswire-Oct. 16, 2000-Washington, D.C.) The Federal Bureau of
Investigation today announced the eighth consecutive annual decrease in
serious crime.






New evidence links George Bush to Los Angeles drug operation

by Edward Spannaus © Executive Intelligence Review (LaRouche)

On Oct. 27, 1986, federal and local law enforcement officials executed search warrants on more than a dozen locations connected to a major cocaine-trafficking ring in southern California centered around Danilo Blandon.. One of the locations raided was the home of a former Laguna Beach police officer by the name of Ronald Lister.

Los Angeles Sheriff's Department detectives reported that when they raided Lister's house, they found ``films of military operations in Central America, technical manuals, information on assorted military hardware and communications, and numerous documents indicating that drug money was being used to purchase military equipment for Central America.'' Documents were also found which diagrammed ``the route of drug money out of the United States, back into the United States purchasing weaponry for the Contras.''

An official report by one of the detectives from the 1986 raid stated: ``Mr. Lister ... told me he had dealings in South America and worked with the CIA and added that his friends in Washington weren't going to like what was going on. I told Mr. Lister that we were not interested in his business in South America. Mr. Lister replied that he would call Mr. Weekly of the CIA and report me.''

New evidence has now surfaced showing who some of Lister's ``friends in Washington'' were, and we shall see that these ``friends'' ran all the way up to the Office of the Vice President, at that time George Bush.

Mark Richard's tell-tale notes

Around the same time as the October 1986 drug raid, ``Mr. Weekly,'' whose full name is David Scott Weekly, became the subject of a federal investigation opened for the purpose of prosecuting him on federal explosives charges. According to later testimony, this investigation was under way for some time before Weekly himself first learned about it, which was on Dec. 21-22, 1986.

But ten days before Weekly learned that he was being targetted, Bill Price, the U.S. Attorney in Oklahoma City handling Weekly's case, had a telephone conversation with a top official at Justice Department headquarters about some of the stickier aspects of the investigation. The official to whom Price talked was Mark Richard, a Deputy Assistant Attorney General in the Criminal Division, and the career Justice Department official who served as the Department's liaison to the intelligence agencies.

The question arises: What might have triggered this conversation between Mark Richard--the DOJ's point of contact for the NSC, CIA, and military intelligence agencies--and the Oklahoma prosecutor?

First of all, on Oct. 5, 1986, a C-123 cargo plane, flying from El Salvador's Ilopango military air base, had been shot down over Nicaragua. Three crewmen were killed, and the fourth, Eugene Hasenfus, was captured by the Nicaraguan Sandinistas. This was the beginning of the public unravelling of what became known as the ``Iran-Contra'' affair.

Then came the Oct. 27 raid in Los Angeles, after which the Los Angeles FBI office communicated to FBI headquarters what had transpired, including Lister's claims of involvement in arming the Contras, and his citation of ``Mr. Weekly'' as being ``CIA'' and a ``DIA subcontractor''--referring to the Defense Intelligence Agency. (The FBI had already interviewed a businessman to whom Lister had bragged, on Aug. 1, that he was involved in arming the Contras, and that his arms deals were ``CIA approved.'')

On Nov. 10, 1986, the FBI sent a teletype to various sections of the CIA, inquiring about Lister, Blandon, Weekly, and some others. The inquiry, over the name of the FBI Director, asked diplomatically if any of these individuals were ``of operational interest'' to the CIA.

FBI documents also show that a teletype was sent to FBI headquarters on Dec. 9, followed up by a phone conversation with an FBI supervisor on Dec. 11--the same day that Mark Richard spoke to the prosecutor in Oklahoma City--who was at the time secretly preparing his case against Scott Weekly.

In August 1987--less than a year later--Mark Richard was required to give testimony in the Congressional Iran-Contra investigation. While being interrogated about various matters in which there were allegations of Justice Department interference in Contra-related cases, Richard was specifically questioned about handwritten notes he had made during his Dec. 11 conversation with prosecutor Bill Price. Richard said that Bill Hendricks of the DOJ's Public Integrity Section, which was dealing with a lot of the Iran-Contra matters, had previously been in touch with Price. After examining his own notes, Richard said that the conversation pertained to ``an individual who had been arrested and his possible involvement in some CIA/Contra-related activities.'' (In fact, Scott Weekly was out of the country on Dec. 11, and had not yet been arrested.)

Richard was asked about the portion of the notes which read: ``Weekly posts on tape that he's tied into CIA and Hasenfus. Said he reports to people reporting to Bush.'' Richard disclaimed any knowledge of what this meant, and said that the matter had been referred to the Independent Counsel. He said that in his notes, ``There is a suggestion of a relationship to the CIA and the exportation of explosives to the--countries.''

Richard was then asked: ``And he's alleging or indicating to someone that he's connected with the CIA and he is reporting to people who report to Bush?'' Richard answers: ``That's what he's asserting.''

Richard's notes, printed in Appendix B, Volume 23 of the Congressional Iran-Contra Report, also reference Weekly's toll calls to ``Col. Nestor Pino, Spec Asst to Undersecretary for Security Assistance,'' apparently made in September-October 1986, and also ``Phone calls from Weekly to Alex, Va.--Tom Harvey of NSC,'' apparently on Oct. 30, 1986.

Richard's reference to Tom Harvey is most significant. {EIR'}s investigations have shown that Harvey was operating out of George Bush's office, and was definitely one of the ``people who report to Bush.'' Nestor Pino was likewise deeply involved in the drug-ridden Contra supply operation, which was being run out of Bush's office though Felix Rodriguez, as well as by Oliver North, under the direct supervision of Bush's national security adviser Donald Gregg.

What has misled many investigators--and has continued to confuse the issue--is that many of these operatives, even Bush himself, at one point or another worked for the CIA. But the Contra-drug operation was not a ``CIA'' operation: It was run at a level {higher} than the CIA, primarily through military and private networks deployed out of the National Security Council, which in turn was operating in these matters under the direction of Vice President Bush.

The case at hand--of Ron Lister, Scott Weekly, and Tom Harvey--is a very good example of how such things actually worked, in contrast to popular fairy tales about the ``CIA.''

Who is Ron Lister?

Before discussing Lister's ``friends,'' a few salient facts about Lister himself.

The investigation of the Blandon drug ring--the Contra-linked cocaine-smuggling operation featured in the controversial {San Jose Mercury News} series last Fall--appears to have begun in late 1984, with a probe into a Colombian money-laundering operation in the city of Bell, California, near southeast Los Angeles. The police officer who initiated the investigation, which was done at the request of agents from the U.S. Internal Revenue Service and Customs Service, identified former Laguna Beach police officer Ronald Lister as transporting large amounts of cocaine and ``millions of dollars'' for Danilo.

During interviews with the Los Angeles Sheriff's Department last year, as part of their internal investigation of the {San Jose Mercury News} series, Lister acknowledged that he and Blandon were in the drug business, and he told Sheriff's investigators that ``he had moved $50-60 million for Blandon.'' Lister also admitted that he himself had been a user of cocaine from 1985 to 1989.

In a well-researched article in the May 22 issue of the {Los Angeles Weekly}, investigative reporter Nick Schou has documented some of Lister's ties to former CIA officials. A San Diego weapons dealer, Timothy LaFrance (mentioned in Mark Richard's notes), told Schou that Lister's company, Pyramid International Security Consultants, was a ``private vendor that the CIA used'' to do things that the agency itself couldn't do. LaFrance said he had made a number of trips to Central America with Lister, providing weapons to the Contras. Another employee of Pyramid was Paul Wilker, a former CIA officer who, after leaving the CIA, had worked for a company called ``Intersect'' in Orange County, California. One of the founders of Intersect was still another former CIA officer, John Vandewerker. Vanderwerker told reporter Schou that he had met Lister through Wilker, his former employee. Vanderwerker also said that either Lister or Wilker had helped him apply for a job at Fluor Corporation, the large construction firm, with Bill Nelson, then Fluor's vice president for security and administration. Nelson was a well-known figure, having been the CIA Deputy Director for Operations in the 1973-76 period. According to Schou, Nelson, Wilker, and Vanderwerker all retired from the agency around 1976, when they set up Intersect. (This was prior to the late 1970s purge of the CIA's Operations Directorate under Adm. Stansfield Turner; the Turner housecleaning spun off many of the privatized ``asteroid'' operations, which then played such an important role during the 1980s.)

To round out the picture of Lister's associates, we note that in ten pages of notes seized from Lister's house in the 1986 raid, is a list of six names, which starts with Bill Nelson, and ends with Roberto D'Aubuisson, the military strongman of El Salvador in that period.

Also in the list is Scott Weekly. Elsewhere in Lister's ten paes of notes, he had written: ``I had regular meeting with DIA Subcontractor Scott Weekly. Scott had worked in El Salvador for us. Meeting concerned my relationship with the Contra grp. in Cent. Am.''

Ron Lister's `friends in Washington'

Recall, that among the names mentioned in Mark Richard's notes were those of Nestor Pino and Tom Harvey.

Nestor Pino, an Army colonel, worked with one William Bode; both Pino and bode were designated as special assistants to the Undersecretary of State for Security Assistance. Pino was posted to the State Department from the Pentagon's Defense Security Assistance Agency. Both Bode and Pino were deeply involved in the then-secret program supplying arms and supplies to the Contras. This program is often described as ``guns down, drugs back.'' It is not surprising, therefore, that Pino and Bode were also both closely tied to Felix Rodriguez, one of the top drug-runners in the Contra operation, who was directly deployed out of Bush's office through Bush's national security adviser Donald Gregg--another former CIA official.

It was William Bode who introduced Felix Rodriguez to Oliver North in December 1984, as Rodriguez was on his way to meet with Gregg. (A few weeks after this, Gregg introduced Rodriguez personally to Bush, in the Vice Presidents's office.)

In his book {Shadow Warrior}, Rodriguez describes Pino as a close buddy of his from the days of the Bay of Pigs ``2506 Brigade.'' Rodriguez says that at the ``2506'' training camp in Guatemala, he became friends with both Nestor Pino, and with Jose Basulto--more recently known for his provocative actions as part of the ``Brothers to the Rescue'' operation.

Scott Weekly's involvement with Bode and Pino came about in the following way. In August 1986, Bode contacted Col. James ``Bo'' Gritz, the retired, highly decorated special forces commander, and asked him to come to Washington to discuss a training program for Afghanistan mujahideen general-staff officers--another of the clandestine operations being run by the intelligence community simultaneously with the Contra operation. Gritz meet with Bode and Pino at the State Department twice in early August, and then, with his longtime associate Scott Weekly, launched a training program in unconventional warfare for the Afghanis, conducted on federal land in Nevada.

The training program, as Gritz later testified, was financed by $50,000, paid through Albert Hakim's Stanford Technology Group--one of the companies used by Oliver North, Richard Secord, et al. for shipping arms to Iran and to the Contras. The Stanford group was found by Iran-Contra Independent Counsel prosecutor Lawrence Walsh to have been at the heart of what he called ``The Enterprise.''

Now, there is no evidence whatsoever that Gritz had any knowledge of Weekly's ties to the drug-dealer and money-launderer Ron Lister, much less any involvement in it. Indeed, Gritz is well-known for his opposition to drug trafficking; he was prosecuted by the federal government in the late 1980s after exposing the role of certain Reagan-Bush government officials in drug smuggling in Southeast Asia--as we shall see below.

Scott Weekly was a weapons specialist, working as part of a team created by Gritz, after Gritz had been requested in 1979 by the deputy director of the Defense Intelligence Agency to officially resign from the U.S. Army, and carry out a private intelligence operation in Southeast Asia. Gritz's team carried out a number of U.S. government-backed missions into Thailand, Laos, and Burma between 1982 and 1986, to determine whether America POWs were still alive in Southeast Asia.

In his 1991 book {Called To Serve,} Gritz described how he formed a ``private'' team with the assistance of the DIA, CIA, and the Army's Intelligence Support Activity (ISA). The ISA was a secret Army special operations unit, involved in counter-terrorist activity, and also in support for the Nicaraguan Contras in Central America. Sworn evidence exists showing that, during most of the 1980s, Gritz was reporting to military intelligence officials through an intermediary known as a ``cut-out.''

To return to our narrative: In late October 1986, as the first round of the Afghan training program was being completed, and just before the Los Angeles Sheriff's raid on the Blandon drug ring, Gritz was contacted by an NSC staff officer, Lt. Col. Thomas Harvey. (The misnamed ``NSC staff'' is not a staff for the National Security Council, but it serves the President--and in this case the vice president--on national security matters.)

Colonel Harvey told Gritz that information had recently been given to Vice President Bush indicating that Burmese drug lord Khun Sa had information on U.S. prisoners of war still being detained in Southeast Asia. Harvey asked Gritz if he could go to the Golden Triangle area of Southeast Asia to attempt to verify this report. He could, Gritz said, but he told Harvey that he would need special documents for such a mission.

A few days later, Harvey told Gritz to come to Washington. On Oct. 29, 1986, Gritz and Scott Weekly flew there, and met Harvey near the White House. Harvey provided them with two letters, one for Gritz on White House letterhead, and one for Weekly on National Security Council letterhead, stating that Gritz and Weekly were cooperating with the U.S. government.

The letter given to Weekly states:

This was Oct. 29. Mark Richard's notes also indicate a toll call by Weekly to Tom Harvey the next day.

`CIA' was the cover story

As to the claims by Lister, Weekly, and others that Weekly was working for the CIA, Gritz has more recently had a number of highly pertinent things to say.

In his {Center for Action} newsletter, Dec. 5, 1996, while discussing the FBI's confusion over whom Weekly worked for when he was working for Gritz, Gritz wrote:

Gritz indicates that he was working for ISA--the Army's Intelligence Support Activity, and explains:

Gritz then says that he initially worked for DIA, and was then transferred to J-5 (Strategic Plans and Policy) of the Joint Chiefs of Staff, when his POW operations went into the field.

He describes how he was called into the White House by Adm. Bobby Inman, then deputy director of the CIA, just before the POW mission was taken away from ISA and given back to DIA.

Gritz continues:

When Gritz was reached by {EIR}, he confirmed and elaborated what he had written in his newsletter. Gritz disavowed any knowledge of a link between Weekly and Ron Lister, and said that Weekly only had a few contacts with the CIA, and that those were through Gritz. Gritz confirmed that he himself was actually working for the ISA.

Gritz explained,

Gritz continued,

He also said that ISA coordinated with the Joint Chiefs of Staff, which provided the ``muscle'' for ISA, using Delta Force special operations forces.

Tom Harvey, Bush, and `the families'

Now, to the matter of Col. Thomas Harvey.

Thomas Nelson Harvey graduated from West Point in the early 1970s, and was posted to a SHAPE (Supreme Headquarters Allied Powers Europe) support group position. In 1975, he trained as a Foreign Area Specialist in Yugoslav studies. Harvey was later assigned to the headquarters of the Ninth Army Division (which has responsibilities throughout the Pacific), and in 1983 attended the Command and General Staff College, thus becoming eligible to serve with the Joint Chiefs of Staff.

Informed sources indicate that Harvey is a proteage of Richard Armitage, who was Assistant Secretary of State for International Affairs. Armitage is a notorious intelligence community ``Asia hand'' whose career has been colored with allegations of gun running, drug smuggling, and privateering on a grand scale. During Gritz's mission to Khun Sa in 1986, Khun Sa identified Armitage as playing a central role in ``Golden Triangle'' drug trafficking--which has some bearing on Harvey's behavior after Gritz returned from his 1986 mission.

From 1983 until his retirement in 1991, Harvey was usually listed in Pentagon directories as located in the office of the Deputy Chief of Staff of the Army; he was, among other things, a speechwriter responsible for space, arms control, and low-intensity operations. According to his own testimony, he held numerous sensitive intelligence positions during that time. Among these, were his serving as a military assistant to the Senate Armed Services Committee, where he worked closely with Senators Strom Thurmond (R-S.C.) and John Warner (R-Va.).

Asked about Tom Harvey, Gritz told this reporter that Harvey was actually working out of George Bush's office.

Gritz said.

It was apparently while Harvey was at the NSC in 1985-86, that he was instrumental in the creation of a bizarre ``private'' paramilitary unit in Loudoun County, Virginia, called ``ARGUS'' (Armored Response Group U.S.). ARGUS's ostensible purpose was to provide surplus armored military equipment for use in ``anti-terrorist'' and other crisis situations by local law enforcement agencies in the mid-Atlantic region. Among its acquisitions were a C-130 military aircraft, an armored personnel carrier, and an armored forklift.

One of the few times that ARGUS equipment was actually deployed, to be on standby, was during the Oct. 6-7, 1986 raid, by federal, state, and local agents, on the offices of organizations associated with Lyndon LaRouche in Leesburg, Virginia. That raid was officially run by the FBI, but it was later learned that planning for the raid included the ``focal point'' office of the J-3 Special Operations Division of the Pentagon's Joint Chiefs of Staff. Two truckloads of seized documents were taken to highly secure U.S. Marine Corps facilities at Henderson Hall in Arlington, Virginia, where they were presumably culled over by intelligence specialists, before being reviewed by state and federal prosecutors.

ARGUS was a project of the oligarchal families based in the Loudoun County ``Hunt Country'' (see article, p.|64). Magalen Ohrstrom Bryant and John W. Hanes were both officials and funders of ARGUS; at the same time, Bryant and Hanes were both funding Oliver North's secret Contra operations as well.

In 1988, by which time Harvey was posted to Senator Warner's staff, he was able to set up ARGUS's training base at the Army's Cameron Station base in Alexandria, Virginia. ARGUS also housed some of its specialized armored vehicles at Cameron Station. iven that ARGUS was supposedly a completely private operation, this was rather extraordinary--except that ARGUS was obviously {not} ``private;'' it was rather part of the {privatized} military-intelligence operations which flourished under the authority of Executive Order 12333 and Bush's ``secret government'' apparatus.

After his retirement from active military service in 1991, Harvey continued to work for these same intelligence-related ``family'' networks. He became the chairman and CEO of the Global Environmental & Technology Foundation. On Global's Board of Directors, naturally, is Maggie Bryant, also listed as chairperson of the National Fish and Wildlife Foundation. It is reported that Harvey was personally selected for this role by Maggie Bryant, who has called him one of her most trusted operatives. Among Global's projects is what is called the ``Defense and Environmental Initiative,'' which, in their words, involves ``integrating environmental considerations into America's national and international security mission.''

`Erase and forget'

Now, back to Gritz's dealings with Tom Harvey in 1986-87.

Gritz and his team, including Scott Weekly, did go to Burma, where they met with Khun Sa. Khun Sa told Gritz that he did not have any American POWs, but he proposed a deal with the United States: that he would stop all drug flows out of the Golden Triangle, in return for recognition of his Shan State. He would guarantee the eradication of opium production in the Golden Triangle, which was the major source of heroin coming into the United States--although it was rapidly being supplanted by drugs from the ``Golden Crescent'' of Afghanistan and Pakistan as a by-product of the arms and money flowing into the Afghan War. The parallels between the Bush ``secret government'' clandestine operations in Central American and those in Afghanistan are striking: The net result of both was a massive increase in drugs coming from those areas into the United States. Guns and drugs, like love and marriage, go together like the proverbial horse and carriage. (The Afghan operation gave us something else: the world-wide British-controlled terrorist network known today as the ``Afghansi.'')

The other thing which Khun Sa offered--even more explosive--was that he would name the names of U.S. government officials involved in illegal arms and drug trafficking.

Gritz and his team returned just before Christmas, 1986. In his book, Gritz reports that he submitted his after-action report to Harvey; a few days later, Harvey called. When Gritz asked Harvey about the reaction to Khun Sa's proposal to stop the drug trade, Harvey told Gritz:

Gritz's account continues:

Harvey reiterated, this time in a more forcible tone,

Almost immediately, Scott Weekly was charged with illegal shipments of explosives (the C4 used in the Afghani training program) and he was induced to plead guilty without a trial, and even without a lawyer.

In May 1987, Gritz was told in no uncertain terms to cease and desist all of his activities related to the Golden Triangle and drugs. He was contacted by Joseph Felter, his close friend and the former head of Wedtech, the scandalized defense contractor. Felter told Gritz that he was conveying a message from Tom Harvey and a State Department official named William Davis: that Gritz was to ``erase and forget'' everything about his trip to the Golden Triangle. Felter told Gritz that Harvey and Davis said that ``if you don't stop everything you're doing ... you're gonna serve 15 years in prison as a felon!'' (Felter later confirmed the thrust of his remarks, and that he was acting on behalf of Harvey, in a sworn affidavit.)

Gritz was at the time about to be charged with using a false passport, for travelling to Southeast Asia on a passport in a different name which had in fact been provided to him by the U.S. government, through the NSC-run ISA. Gritz was also threatened with charges for neutrality violations, for the Afghan training operation. Gritz says that when he was finally indicted in 1989, Tom Harvey showed up, and told him privately:

The coverup continues to this day. The attacks on Bo Gritz to prevent exposure of the U.S. government complicity in the Golden Triangle drug trade, and the frantic efforts in late 1986-87 to suppress any exposure of the Contra drugs-for-guns dealings--as shows up in the Lister-Weekly case--were clearly one and the same.

And in both cases, we see that the trail leads directly to the same place: George Bush.

1. For a more thorough description and documentation of this structure, which operated under the authority of Executive Order 12333 and various National Security Decision Directives, see the two {EIR Special Reports}: ``Would a President Bob Dole Prosecute Drug Super-Kingpin George Bush?'' September 1996; and ``George Bush and the 12333 Serial Murder Ring,'' October 1996.

CIA And Mossad Drug Involvement
Published in the Spotlight.

The "mainstream" media in the United States continue to cover up the considerable role played by the CIA and its longtime allies in Israel's intelligence agency, the Mossad, in the international illicit drug trade.

For over a decade The SPOTLIGHT has been the only national weekly newspaper
to dare to report the facts about this dark secret suppressed by the national media.

The now widely-known CIA involvement in drug-and-arms smuggling through the
tiny Mena, Ark., airport as part of the Iran-contra affair involving Lt. Colonel Ollie North and Barry Seal are just the tip of the iceberg.

The latest twist in the media cover-up came during the week of May 12 when a nationally-distributed Associated Press (AP) report announced that theintelligence committee of the U.S. House of Representatives had exonerated the CIA of charges that it had been "involved in the supply or sale of drugs in the Los Angeles area."

The AP quoted committee chairman Rep. Porter Goss (R-Fla.) as saying: "Bottom line: The allegations were false."

What AP did not mention was that Goss had been a former career CIA official involved in the agency's so-called "clandestine services division," the branch of the CIA that has been pinpointed as the prime mover in the agency's long-standing ties to the drug racket.

AP hailed the House report as "the latest in a series by investigatory bodies to exonerate the CIA" pointing out that "the committee noted that similar conclusions had been reached in previous inquiries by the CIA's inspector general, the Justice Department and the Los Angeles County Sheriff's Department."

The "investigation" by ex-CIA operative Goss had focused specifically on a story —reported by Gary Webb in the San Jose Mercury News in August 1996—that
alleged that the crack epidemic in California could be traced to two CIA-connected Nicaraguan cocaine dealers who used at least part of their  profits to finance the Nicaraguan contra forces during the 1980s.

AP blurred the issue by saying that "allegations of CIA links to drug dealers surfaced" with the 1996 reports in the Mercury News. This is a lie.

In fact, detailed charges of CIA involvement in drug smuggling were first unveiled in a book published 28 years ago, the findings of which have never been publicized by any publication other than The SPOTLIGHT.

In 1972, Alfred W. McCoy, then a graduate student, at Yale, released his book, The Politics of Heroin in Southeast Asia issued by no less a "mainstream" publisher than Harper & Row.

The book outlined the role of the CIA in the drug trade, from its origins in Southeast Asia, to the smuggling routes of the Sicilian and Corsican Mafias in Europe on to the streets of New York and Los Angeles. The drug profits were then sent back to the money laundering banks of the Meyer Lansky Crime Syndicate in the Caribbean and in Switzerland.

Despite energetic efforts spearheaded by veteran CIA official Cord Meyer, the CIA failed to prevent the book from being published.

However, the CIA then launched a campaign to suppress distribution of the book, a scheme which largely succeeded.

In 1991 McCoy, by then a professor of history at the University of Wisconsin-Madison, re-issued his book in an up-dated edition under the title The Politics of Heroin: CIA Complicity in the Global Drug Trade.

McCoy's book never mentioned the role of the Mossad in all of this, which is not surprising. In fact, The Mercury News reporter Gary Webb told a veteran international correspondent—at a private deli lunch in Manhattan—that he (Webb) could "never" write about Mossad in volvement with the CIA in the drug racket or he would lose his job. Webb fled the deli, refusing to discuss the matter further.

In short, in America today, it's "safe" to expose the CIA to a certain degree, but the Mossad's part in the drug trade is strictly "off limits."


However, The SPOTLIGHT has consistently unmasked the joint role of the CIA and the Mossad in the drug trade.

For example, 10 years ago in its issue No. 23 for 1990 (June 4) The SPOTLIGHT reported that Israeli arms dealers had supplied a vast array of weapons to Colombian drug kingpin Jose Rod riguez Gacha.

The Israeli government claimed the arms were sold to the island nation of Antigua and that Israel had no idea how the guns got into the hands of the Colombian drug traffickers.

However, Antigua's ambassador to the United States told SPOTLIGHT correspondent Mike Blair in an exclusive interview that his government never ordered weapons from Israel.

An inquiry by the Antiguan government determined that two Israelis, Yair G. Klein and Maurice R. Sarfati, were running the operation which was funded by the New York branch of the Bank Hap oalim, owned by Israel's government-sponsored labor bund, the His tadrut.

Klein, a former Israeli army officer, had previously been identified as training Rodriguez Gacha's forces.

When this was leaked in September 1989, Rafael Eitan, a former chief of staff of the Israeli Army, frankly told the Israeli press:

Someday, perhaps, if it's decided that the stories can be told, you'll see that [the government of Israel] has been involved in acts that are a thousand times more dirty than anything going on in Colombia. These things were decided by the government, in cabinet meetings. As long as the government decides to do something, something that the national interest demanded, then it is legitimate.

On June 5, 1989, The SPOTLIGHT reported flatly, citing intelligence sources, that the infamous Medellin cartel of Colombia was, in reality, "an Israeli-directed organization which nets Israel billions of dollars every year in illegal drug profits."

In addition, Blair reported in The SPOTLIGHT on May 13, Oct. 14 and Nov. 11, 1991, about the strange death of Special Forces Col. Edward P. Cutolo, commander of the 10th Special Forces based at Ft. Devens, Mass. Cutolo had detailed a covert joint CIA-Mossad ma chin a tion known as "Opera tion Watch tower" in a 15-page affidavit which he prepared in 1980, fearful that his life was in danger because of his knowledge about the operation.

Cutolo died in what was described as an alcohol-related traffic accident, although Cutolo was not known to be a heavy drinker.

Cutolo was one of four Special Forces colonels linked to Operation Watch tower who died under mysterious circumstances. Another was famed Vietnam hero, Col. Nick Rowe, who launched an effort to investigate Cutolo's death. Rowe was assassinated in the Philippines in 1989, ostensibly by "communists," al though his friends believe his death was a Mossad-ordered "executive action."

According to Cutolo's affidavit, under Operation Watchtower, beginning in 1976, the CIA and the Mossad utilized U.S. Army Special Forces troops to set up an electronics system which allowed drugs to be shuttled by air from Colombia to Albrook Air Station in Panama, without being detected by aerial surveillance. The money derived from the drug operation was used to fund clandestine CIA and Mossad secret operations.

Cutolo specifically cited veteran Mossad clandestine services operative Michael Harari as a key figure in the operation, charging that then-former CIA director George Bush and other high-ranking U.S. government figures had "gone to great lengths to keep the activities of Michael Harari a secret."

According to Cutolo, Col. Manuel Nor iega, then head of the Panamanian Defense Forces and soon-to-be dictator of Panama, was involved in the CIA-Mossad activities.

During the Noriega regime, Harari emerged as the power behind Noriega. Harari
managed to slip out of Panama on an Israeli jet after U.S. forces invaded the
country and arrested him.

After Noriega was taken into custody and tried on drug charges in a widely-publicized trial in Miami, The SPOTLIGHT was the only publication anywhere to reveal that Noriega's defense attorney, Frank Rubino, tried to introduce evidence that Noriega's activities were conducted under joint CIA and Mossad sponsorship. The information was suppressed for reasons of "national security."

The SPOTLIGHT actually put ex-Special Forces hero, Col. James (Bo) Gritz, "on the map" on July 13, 1987. It was the only newspaper at the time to report his discovery that longtime U.S. diplomat Richard Armitage had been a key figure in the CIA's role in drug smuggling out of Southeast Asia, beginning during the Vietnam War and for years thereafter. In fact, Armitage emerged during the 1980s as part of a Defense Department clique known for its affinity for the interests of Israel.

Along with their superior, Under secretary of Defense Fred Iklй, Armitage and his colleagues, Richard Perle and Stephen Bryen, were masters of covert intrigue conducted jointly with the Mos sad in areas as broad-ranging as Burma, Afghanistan, Iran, Nicaragua and Cambodia.

(One of the low-level operatives for their ventures in Burma and Afghanistan was Andrew E. Allen, who has played a key role in a long-standing effort to undermine The SPOTLIGHT, precisely because of this newspaper's continuing exposure of CIA-Mossad drug operations and of the activities of Allen and company.)

The Swiss-born Iklй was the cousin of Elizabeth Kopp, Switzerland's minister of police and justice, ousted from office in 1989 amid accusations that she and her husband Hans were using their private law firm as a front for international drug traffickers.

At the time, Swiss Vice President Achille Casanova admitted at a press conference that the drug money laundering circles around Hans and Elizabeth Kopp were linked to "secret American authorities" involved in the financing of covert operations, clearly referring to the Iklй-Armitage-Perle-Bryan intrigue.