NYPD to Judicial Watch: Drop Dead

Cardillo FOIL Case Update

Courtroom action opened Tuesday in Judicial Watch’s Freedom of Information Law lawsuit against the NYPD in New York State Supreme Court. Under state FOIL laws, Judicial Watch sought records, a final report and a key audio tape of a 10-13 “officer in distress” call made in the 46-year-old Phillip Cardillo murder case. The NYPD told Judicial Watch to go to hell.

Instead, we went to court.

Cardillo, an NYPD patrolman, was gunned down in a Nation of Islam mosque in Harlem in 1972. The NYPD claims the Cardillo case, after more than four decades, is still “active and ongoing.”

Judicial Watch argued that, on both the facts and the law, the case is closed, and that the public has a right to the information.

Judge Verna Saunders is presiding in the case. Despite a late shift of the lawsuit to her courtroom, she was well-prepared, asking sharp questions of both sides on the facts and the law.

The NYPD took an absolutist position on the Judicial Watch request—absolutely not. Judge Saunders inquired, might the NYPD be open to providing redacted documents? The NYPD lawyer side-stepped the question.

Might the NYPD, which claims it cannot find the 10-13 tape, turn it over if discovered on a further search? No, replied the NYPD, because the tape was part of an active and ongoing investigation.

Retired NYPD detective Randy Jurgensen was in the courtroom as an observer. Jurgensen has played a central role in the Cardillo case for decades. He arrested Cardillo’s alleged shooter, and later wrote “Circle of Six,” a powerful memoir of the case that prompted then-Police Commissioner Ray Kelly in 2006 to direct the NYPD Major Case Squad to take another look at the Cardillo killing.

Jurgensen worked with Major Case on the re-investigation and says the inquiry was closed around 2012. Since then, there has been no substantive and material activity on the case—although the NYPD now claims otherwise.

“I was told repeatedly in 2012 and after, by members of the Major Case Squad, that the case was closed and a final report was being prepared,” Jurgensen told Judicial Watch. “Copies of that report were to be ‘sent upstairs’”—to the police commissioner—”and provided to the Cardillo family, and to me. That never happened. It’s forty-six years since Phil Cardillo was killed. I just want to see as much as possible made public in the case.”

Forty-six years is a long time. And it’s fair to ask, why is Judicial Watch seeking information now? What is it all about? And why is the NYPD resisting disclosure?

We answer those questions at length here, and here, but the short version is that the NYPD has a well-documented bias against transparency and disclosure. It’s embarrassed by its past bad behavior in the Cardillo case and does not want it dragged back into the public eye.

And while there is a general investigative consensus that the suspect Jurgensen arrested in 1976 was the shooter—he went to trial and was acquitted—many questions remain about the case.

Was there a broader conspiracy that inadvertently led to Cardillo’s death?

Who made the 10-13 call that drew police officers to the mosque that day?

Why were the mosque doors—usually closed and locked—left open that day?

What was behind a special prosecutor’s conclusion that there was a deliberate effort by NYPD brass to “impede” the early Cardillo investigation?

And what was the role of the FBI in all this? Contemporary witnesses and documents suggest the FBI played a deeper role in the events surrounding the mosque case than they have admitted. Did FBI dirty tricks somehow inadvertently lead to Cardillo’s death?

Getting answers to those questions is why Judicial Watch is in court. Judge Saunders will issue a ruling in the New York case soon. Meanwhile, in Washington, our parallel case against the FBI moves forward in federal court.


Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: mmorrison@judicialwatch.org

Investigative Bulletin is published by Judicial Watch. Reprints and media inquiries: jfarrell@judicialwatch.org

Cop-Killing Cover-up? Judicial Watch Goes to Court Against NYPD, FBI in Famed Cold Case

Tomorrow in New York State Supreme Court, Judge W. Franc Perry will hear arguments in Judicial Watch’s Freedom of Information Law lawsuit against the New York City Police Department in the murder of NYPD Patrolman Phillip Cardillo. The 1972 shooting of Cardillo inside Louis Farrakhan’s Nation of Islam mosque in Harlem is the most notorious cold case in New York history. We told the full story here, and here. It’s an American tragedy, a tale of cover-up and betrayal in an era of dirty tricks and disintegrating cities. No one ever served a day in jail for the crime. A special prosecutor concluded there had been a “concerted and orchestrated effort” by members of the NYPD to impede the investigation. The FBI had informants in the Nation of Islam and information about the case—facts that were not revealed for decades.

Who orchestrated the NYPD cover-up and why? How deeply was the FBI involved in the actions that got Cardillo killed?

In New York, Judicial Watch filed FOIL actions last year seeking case records and a key audio tape in the murder. The NYPD responded with the astonishing claim that, 46 years later, the case is still “active and ongoing,” and thus no documents need be produced.

As we noted in our submissions to the court (albeit in more polite terms), this is a ludicrous argument. The NYPD claims that a 46-year-old case is still active.

Anyone who has spent time around the NYPD and state FOIL laws recognizes this familiar tactic from police headquarters. We provided substantial documentation that the Cardillo case had been closed and that the public has a right to the information, with appropriate redactions for privacy and confidentiality. But the NYPD, we noted, “has done what it routinely does, blatantly ignore its obligations under state law.”

March will also see legal action in our related Freedom of Information Act case against the FBI. In a May FOIA request, we sought informant, wiretap, electronic surveillance and physical surveillance records related to the mosque where Cardillo was gunned down. We specifically requested that the FBI search its “special file room.” The Boston Globe reported that the special file room is where files on domestic spying were routed, including files on what the FBI called “black nationalist extremists” and sensitive counter-intelligence techniques that may have been deployed against the Nation of Islam.

The FBI did not search the special file room and other data bases we identified. Later this month, we’ll be in federal court to argue that they should search further.

Could the Judicial Watch lawsuits be the key to unraveling one of the most notorious cop killings in U.S. history? Stay tuned.



Arkansas & the Clinton Connection


Rumors have been floating up from Little Rock for months now of a new investigation into the Clinton Foundation. John Solomon advanced the story recently in a January report for The Hill. FBI agents in the Arkansas capital, he wrote, “have taken the lead” in a new Justice Department inquiry “into whether the Clinton Foundation engaged in any pay-to-play politics or other illegal activities while Hillary Clinton served as secretary of state.” Solomon reports that the probe “may also examine whether any tax-exempt assets were converted for personal or political use and whether the foundation complied with applicable tax laws.” Main Justice also is “re-examining whether there are any unresolved issues from the closed case into Clinton’s transmission of classified information through her personal email server,” Solomon notes.

Solomon is not alone. The Wall Street Journal is tracking the story. And earlier this month, investigative journalist Peter Schweizer cryptically told SiriusXM radio that federal authorities should “convene a grand jury” in Little Rock “and let the American people look at the evidence” about the Clinton Foundation.

Judicial Watch continues to turn up new evidence of Clinton pay-to-play and mishandling of classified information. In recent months, through FOIA litigation, Judicial Watch has forced the release of more than 2,600 emails and documents from Mrs. Clinton and her associates, with more to come. The emails include evidence of Clinton Foundation donors such XL Keystone lobbyist Gordon Griffin, futures brokerage firm CME Group chairman Terrence Duffy, and an associate of Shangri La Entertainment mogul Steve Bing seeking special favors from the State Department. Read more about Judicial Watch’s pay-to-play disclosures here.

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The Russian Dossier: Enter, Sid

The strange case of the Russian dossier got even stranger this week with a new report from the Guardian raising a name from the seamy side of Clinton past. A “second Trump-Russia dossier” has been turned over to the FBI, the Guardian reported. The second dossier was compiled by Cody Shearer, who the Guardian identifies as a “a controversial political activist and former journalist who was close to the Clinton White House in the 1990s.”

That’s putting it mildly. Shearer in fact has long been linked to the sleaziest aspects of the Clinton operation, mainly through his close relationship with Clinton confidant Sidney Blumenthal. Longtime observers of the Clinton ecosystem know that when Cody appears, Sid Blumenthal is not far behind. A ceaseless schemer, Blumenthal was so offensive to the Obama White House that he was banned from an official role at Mrs. Clinton’s State Department. But that barely slowed him down. As documented by Judicial Watch and others, Blumenthal was a constant presence by Mrs. Clinton’s side during her State Department years.

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Judicial Watch Sues NYPD, FBI for Cardillo Documents

This just in:


Contact: 202-646-5188

January 4, 2018

Judicial Watch Sues DOJ, City of NY and NYPD for Information on Unsolved Murder of a New York Policeman at Nation of Islam Mosque

New York lawsuit refutes NYPD claim that investigation into 45-year-old murder ‘remains active and ongoing’

 FOIA lawsuit raises questions of possible FBI involvement, having provoked incident with fake ‘10-13’ officer in distress phone call

 (Washington, DC) – Judicial Watch announced today that it has filed suit against the Justice Department, as well as the City of New York and the New York Police Department (NYPD), to compel these state and federal agencies to release information regarding the April 14, 1972 murder of police officer Phillip Cardillo at a mosque in Harlem. Cardillo was killed while responding to a fake “10-13” officer in distress phone call.

Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the Department of Justice after it failed to adequately search for records responsive to Judicial Watch’s May 15 FOIA request (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-024687)). Judicial Watch seeks:

  • All records concerning the Nation of Islam Mosque #7 in Harlem, Manhattan, New York City, or the building located at 102 West 116th Street. This request includes, but is not limited to, all informant, wiretap, electronic surveillance, and physical surveillance records relevant to the Nation of Islam Mosque #7, located at 102 West 116th Street, in New York City.
  • The time frame for the request was identified as January 1, 1970 to January 1, 1973.

Judicial Watch argues that the DOJ “has violated FOIA by failing and/or refusing to employ search methods reasonably likely to lead to the discovery of records responsive to accordingly, failing and/or refusing to produce any and all non-exempt records responsive to the [FOIA] request.”

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Bob Dylan on Moby Dick

“Here’s a face. I’ll put it in front of you. Read it if you can.”

From the Nobel Prize lecture:

Moby Dick is a fascinating book, a book that’s filled with scenes of high drama and dramatic dialogue. The book makes demands on you. The plot is straightforward. The mysterious Captain Ahab – captain of a ship called the Pequod – an egomaniac with a peg leg pursuing his nemesis, the great white whale Moby Dick who took his leg. And he pursues him all the way from the Atlantic around the tip of Africa and into the Indian Ocean. He pursues the whale around both sides of the earth. It’s an abstract goal, nothing concrete or definite. He calls Moby the emperor, sees him as the embodiment of evil. Ahab’s got a wife and child back in Nantucket that he reminisces about now and again. You can anticipate what will happen.

The ship’s crew is made up of men of different races, and any one of them who sights the whale will be given the reward of a gold coin. A lot of Zodiac symbols, religious allegory, stereotypes. Ahab encounters other whaling vessels, presses the captains for details about Moby. Have they seen him? There’s a crazy prophet, Gabriel, on one of the vessels, and he predicts Ahab’s doom. Says Moby is the incarnate of a Shaker god, and that any dealings with him will lead to disaster. He says that to Captain Ahab. Another ship’s captain – Captain Boomer – he lost an arm to Moby. But he tolerates that, and he’s happy to have survived. He can’t accept Ahab’s lust for vengeance.

This book tells how different men react in different ways to the same experience. A lot of Old Testament, biblical allegory: Gabriel, Rachel, Jeroboam, Bildah, Elijah. Pagan names as well: Tashtego, Flask, Daggoo, Fleece, Starbuck, Stubb, Martha’s Vineyard. The Pagans are idol worshippers. Some worship little wax figures, some wooden figures. Some worship fire. The Pequod is the name of an Indian tribe.

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“And That’s Still Not All Of It”

Bob Dylan on The Odyssey, from his Nobel Prize lecture:

 The Odyssey is a great book whose themes have worked its way into the ballads of a lot of songwriters: “Homeward Bound, “Green, Green Grass of Home,” “Home on the Range,” and my songs as well.

The Odyssey is a strange, adventurous tale of a grown man trying to get home after fighting in a war. He’s on that long journey home, and it’s filled with traps and pitfalls. He’s cursed to wander. He’s always getting carried out to sea, always having close calls. Huge chunks of boulders rock his boat. He angers people he shouldn’t. There’s troublemakers in his crew. Treachery. His men are turned into pigs and then are turned back into younger, more handsome men. He’s always trying to rescue somebody. He’s a travelin’ man, but he’s making a lot of stops.

He’s stranded on a desert island. He finds deserted caves, and he hides in them. He meets giants that say, “I’ll eat you last.” And he escapes from giants. He’s trying to get back home, but he’s tossed and turned by the winds. Restless winds, chilly winds, unfriendly winds. He travels far, and then he gets blown back.

He’s always being warned of things to come. Touching things he’s told not to. There’s two roads to take, and they’re both bad. Both hazardous. On one you could drown and on the other you could starve. He goes into the narrow straits with foaming whirlpools that swallow him. Meets six-headed monsters with sharp fangs. Thunderbolts strike at him. Overhanging branches that he makes a leap to reach for to save himself from a raging river. Goddesses and gods protect him, but some others want to kill him. He changes identities. He’s exhausted. He falls asleep, and he’s woken up by the sound of laughter. He tells his story to strangers. He’s been gone twenty years. He was carried off somewhere and left there. Drugs have been dropped into his wine. It’s been a hard road to travel.

In a lot of ways, some of these same things have happened to you. You too have had drugs dropped into your wine. You too have shared a bed with the wrong woman. You too have been spellbound by magical voices, sweet voices with strange melodies. You too have come so far and have been so far blown back. And you’ve had close calls as well. You have angered people you should not have. And you too have rambled this country all around. And you’ve also felt that ill wind, the one that blows you no good. And that’s still not all of it.


Menendez & Netanyahu

The federal corruption trial of Senator Robert Menendez and his very good amigo, Florida ophthalmologist Salomon Melgen, is underway in New Jersey. It doesn’t appear to be going well for the prosecution.

On Tuesday, the government put Dr. Melgen’s girlfriends on the stand, and they weren’t happy about it. Senator Menendez is accused, inter alia, of exerting improper influence to obtain visas for the foreign-born women in exchange for gifts—bribes, prosecutors say—from Dr. Melgen. Svitlana Buchyk, a “model and actress,” had the courtroom “laughing at some of her answers,” Politico reported. When asked by a defense attorney how long she had spent with prosecutors preparing her testimony, she said she didn’t know, “it just seems very long when I’m around them.”

Asked if she understood why she was in court, Ms. Buchyk “let out a long, exasperated ‘no,’” Politico reported. “No, I don’t know why I’m here,” she said, indicating lead prosecutor Peter Koski. “He’s just forcing me to be here.”

In the courtroom, Judge William Walls did not allow Dr. Melgen’s girlfriends to be referred to as “girlfriends,” only “friendship” was acknowledged, fooling no one. In a bizarre filing before the trial opened, the government worked hard to portray the senator and the wealthy doctor as two dirty old men living the lifestyle of the rich and famous. Dr. Melgen wanted to bring his young “foreign girlfriends to the United States to visit him,” the document notes. The women were “from Brazil, the Dominican Republic, and Ukraine.” Senator Menendez helped with the visas. Dr. Melgen arranged for Mr. Menendez and his girlfriend (oh by the way both men are married) “to stay in Punta Cana, an exclusive oceanside resort town” in the Dominican Republic.

On other occasions, the two men and their, er, friends, enjoyed vacations “at Melgen’s villa at Casa de Campo, a cloistered resort on the southeastern coast of the Dominican Republic with renowned golf courses, a spa, polo fields, a marina, restaurants and other amenities.” The trial brief describes an “enclave, venerated for its seclusion” and “frequently visited by luminaries in sports, entertainment and business, including Beyonce, Jay-Z, Jennifer Lopez, Richard Branson and Bill Gates.” Elsewhere in the brief, the government notes that with assistance for Dr. Melgen, Mr. Menendez stayed at the Park Hyatt Hotel in Paris, “one of Europe’s most elite, routinely hosting celebrities from the world over, including the likes of George Clooney and Maria Sharapova.”

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Is This The End Of Bibi?

Benjamin “Bibi” Netanyahu is the great survivor in the blood sport of Israeli politics. Glib, cunning and endlessly calculating, he squeezed past Shimon Peres to narrowly win a first term as prime minister in 1996, only to crash on the rocks of hubris and be crushed by Ehud Barak three years later. Ariel Sharon brought him back to political life as foreign minister and, later, finance minister. He repaid him by quitting the government after Mr. Sharon decided to withdraw from the Gaza Strip. In 2009, he returned as prime minister and has been there ever since, coming out on top in two more elections and cobbling together governing parliamentary coalitions with parties from many points on the Israeli political spectrum. He says he’ll seek an unprecedented fifth term as prime minister.

Unless he goes to jail first. The prime minister often has danced perilously close to scandal and defeat, only to come out on top. But a series of corruption cases suddenly has the Israeli public wondering if this is the end of Bibi. Four cases working their way through the Israeli justice system pose a threat.

Israeli prosecutors like round numbers. In “Case 1000,” Mr. Netanyahu is alleged to have received shipments of expensive cigars and champagne, as well as gifts of jewelry, plane tickets and hotel rooms, from Hollywood producer Arnon Milchan and Australian billionaire James Packer. What Mr. Netanyahu did in return is murky. News reports say he may have helped the two men with visa and residency issues—pretty thin stuff to bring down a prime minister—and protected Mr. Milchan’s interests in an Israeli television channel. Mr. Netanyahu insists that the lavish gifts were just tokens of affection from two good friends. The charges here could run from breach of public trust to bribery.

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Will Menendez Walk?

A criminal indictment is a beautiful thing—an austere document, grave and fateful. Who is charged with committing what crimes, and where, and when, and how? What laws have been violated? In it rests the fearsome power of the state. From it may pass a person’s liberty, even life itself. It is transparent in spite of itself: making the argument, it reveals its flaws

The indictment of United States Senator Robert Menendez and Florida ophthalmologist Salomon Melgen charges the two old friends with a conspiracy to commit bribery and “honest services fraud.” It states that they schemed to corruptly influence Senator Menendez’s “official acts” and “defraud and deprive the United States and the citizens of New Jersey of the honest services of a public official.” It sketches attempts to obtain visas for Dr. Melgen girlfriends; attempts to influence the Department of Homeland Security in a contractual matter concerning a Melgen-owned security-screening company; and attempts to gain a favorable ruling from the Department of Health and Human Services in a gigantic Medicare reimbursement dispute—an episode that eventually would land Dr. Melgen in calamity.

Every indictment tells a story. This one is a tale lust, greed and comical incompetence. Whether it’s a story of criminal behavior is another matter. Dr. Melgen showers his old friend with free plane trips, vacation holidays, and large campaign donations at critical moments. Senator Menendez fails to disclose the gifts, setting himself up for a false statements charge. The senator’s office helps the married Dr. Melgen obtain visas for three young girlfriends, all identified as “models.” Embassy officials push back, but eventually the visas are approved. The senator’s office attempts to intervene with the Department of Homeland Security to undermine a security-screening company in the Dominican Republic, a move that would boost the fortunes of Dr. Melgen’s rival company. But it turns out that DHS has no leverage in the matter. In 2009, the senator and his staff step into an $8.9 million Medicare fight, advocating on Dr. Melgen’s behalf in an increasingly tense series of meetings with Department of Health and Human Services officials, working their way up the bureaucratic food chain. The battle goes on for three years. Senator Menendez is rebuffed at every turn. Senator Menendez grows increasingly upset. The Medicare determination is upheld: Dr. Melgen owes $8.9 million.

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