The NYPD’s Despicable Lie

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Saturday marked the 46th anniversary of the shooting of NYPD Patrolman Phillip Cardillo inside Louis Farrakhan’s Nation of Islam mosque in Harlem. A conspiracy of cover-up and silence immediately surrounded the case. Decades of controversy followed. No one served a day in jail for the murder. In March, Judicial Watch sued the New York City Police Department for records in the case.

The New York Daily News asked Saturday: “Could the secret to unraveling the Cardillo murder be in the withheld records of the NYPD? The Judicial Watch lawsuit may be the last chance to get to the bottom of New York’s most infamous cold-case killing.” The op-ed was written by legendary NYPD detective Randy Jurgensen, who literally wrote the book on the case, “Circle of Six.”

46 years after the Cardillo shooting, Jurgensen notes, “the NYPD won’t release investigative files, a promised report and an audio tape, preposterously claiming an investigation is still ‘active and ongoing.’” A ruling in the case is expected soon. Legal action also is moving forward in a parallel case against the FBI in Washington. Read more about Judicial Watch’s legal moves here. Read more about the Judicial Watch investigation into the Cardillo killing here.

The Cardillo murder has been pursued across the decades because of an abiding sense of injustice: that law-enforcement and politicians conspired to make the case go away; that evidence vanished; that the shooter was arrested and acquitted due to the earlier cover-up. The injustice continues with the NYPD’s despicable lie that there is today, 46 years later, an “active and ongoing” investigation.

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Clinton, Comey, Uranium One: Who Is John W. Huber?

Widespread head-scratching has followed Attorney General Jeff Sessions’ recent disclosure that U.S. Attorney John W. Huber is leading an investigation into 2016 election controversies. In a March 29 letter to Republican committee chairmen, Mr. Sessions said that Mr. Huber, the U. S. Attorney for Utah, had been appointed to “evaluate certain issues” raised by the GOP. He did not say which issues, but there are plenty.

In a July 27, 2017 letter, GOP leaders had called on Mr. Sessions to “appoint a second special counsel to investigate a plethora of matters connected to the 2016 election and its aftermath.” These included actions by Hillary Clinton, James Comey, Loretta Lynch and others, email controversies, mishandling of classified information, Fusion GPS and the Steele Dossier, FISA warrants, wire taps, leaks, grand juries, the Clinton Foundation and the Uranium One deal.

Mr. Sessions instead appointed Mr. Huber, “an experienced federal prosecutor,” and left the door open to a special counsel. Mr. Sessions noted that Mr. Huber “will make recommendations as to whether any matters not currently under investigation should be opened, whether any matters currently under investigation require further resources, or whether any matters merit the appointment of a Special Counsel.”

Translation: Mr. Huber is investigating the investigations, not the underlying allegations.

Mr. Huber was appointed Assistant U.S. Attorney in Utah in 2002. He was named U.S. Attorney in 2015 by Barack Obama. Mr. Huber has an important backer in Utah’s senior senator, Orrin Hatch. After President Trump requested the resignations of all sitting U.S. Attorneys, Mr. Sessions kept Mr. Huber alive with an interim appointment under the Federal Vacancies Act, until the president could be persuaded to re-nominate him. He was confirmed a second time for the post in August.

It’s a truism of law enforcement that if you want to pursue high-level political corruption, get yourself a junkyard dog—a strong prosecutor, good in a fight. Hickman Ewing Jr.—the former U.S. Attorney for the Western District of Tennessee and later the Whitewater Deputy Independent Counsel—comes to mind. Mr. Ewing had a long track record of pursuing political corruption before Kenneth Starr tapped him for the Whitewater probe. The Office of U.S. Attorney in Utah, by contrast, has been toothless. Mr. Huber has not been implicated in any wrongdoing, but for the last three years it has been his shop and his responsibility. Before that, it was his training ground.

In November, for example, a federal judge dismissed the last charges against Terry Diehl, a powerful Utah developer and former Utah Transit Authority board member. The government was widely seen as bungling the case. The Salt Lake Tribune noted that Diehl, “a well-known developer with friends in high places — including [Utah] House Speaker Greg Hughes, R-Draper — once stood charged with 14 felony counts that stemmed from allegations that he lied about or hid assets as part of a 2012 bankruptcy. Prosecutors had whittled the case down three times since early October, dropping counts of concealment and tax evasion.” Prosecutors acknowledged “missteps” to the newspaper, including getting wrong the amount of taxes Diehl allegedly did not pay.

Mr. Huber’s office also lost a 2017 case against real-estate mogul Rick Koerber, charged with running a multi-million-dollar Ponzi scheme. The case—the government’s second try—ended in a mistrial. A judge threw out an earlier case. The government will try again in September.

But the Rosetta Stone for understanding Utah’s corruption problems may be the sprawling saga of John Swallow and Mark Shurtleff, two former Utah attorneys general charged with a multitude of corruption charges. The case gripped the state for years. Mr. Huber’s office recused itself in 2013 from the investigations, transferring the case to Colorado. Later, the Justice Department declined to charge either man and Utah state prosecutors took over. Swallow was acquitted on all counts last year and the charges against Shurtleff were dropped in 2016 by Davis County Attorney Troy Rawlings, who bitterly complainedabout FBI and Justice Department conduct in the case.

That’s how the game is played in Utah, locals say. Power brokers have the state wired. Mr. Huber seems like a decent man, but his tenure at the top of Utah law enforcement has been short and undistinguished. Why appoint him to such a sensitive position in Washington?

One explanation is that Mr. Sessions knows precisely who Mr. Huber is and what he wants from him. Mr. Sessions went to bat for Mr. Huber in his re-appointment as U.S. Attorney and named him vice-chair of the prestigious Attorney General’s Advisory Committee. Mr. Huber, a political survivor, knows precisely who Mr. Sessions is and what the attorney general wants from him.

Another more intriguing explanation is that Mr. Sessions needs someone who knows Utah. One part of Mr. Huber’s mandate, as outlined in the GOP letter, is the “purchase of Uranium One by the company Rosatom, whether the approval of the sale was connected to any donations to the Clinton Foundation, and what role Secretary Clinton played in the approval of the sale.”

Uranium One’s assets included significant holdings in Utah and nearby states. Prosecutors—and the media, so transfixed by the Mueller probe that they decline to look elsewhere—should follow the Uranium One money in Utah and the rest of the West. And if Mr. Huber does recommend additional investigations or a second special counsel, Mr. Sessions should get himself a junkyard dog.

 

 

Bell Tolls for Cuomo

New York Governor Andrew Cuomo has been slowly sinking in his own personal purgatory lately, beset by the corruption trial of a former close aide and a primary challenge from the Left by actress Cynthia Nixon. Things got worse last week when news emerged that a Cuomo-appointed parole board was freeing cop killer Herman Bell.

The news sent a shock wave across New York. Bell was one of three members of the radical Black Liberation Army responsible for the brutal 1971 slaughter of two New York City police officers, Joseph Piagentini and Waverly Jones. Judicial Watch told the story when Bell came up for parole in 2014. Piagentini and Jones were ambushed at a housing project in Harlem, lured there by a fake 911 call. (Readers of Investigative Bulletin will recall a fake call, a year later, lured NYPD Patrolman Phillip Cardillo to his death in Harlem.) Jones died immediately in a hail of gunfire. Piagentini took longer to die, pleading with his killers that he had a wife and daughters at home. They showed him no mercy, firing twenty-two bullets into his body.

Justice caught up with Herman Bell in 1973 and he has been in prison ever since. For decades, he insisted he was innocent. His story began to change only when it became obvious that he would never escape prison without accepting responsibility for his crimes. But as late as a 2012 appearance before the parole board, he still insisted he was “a political prisoner.”

In an appearance before the parole board this year, Bell took a different position. “There was nothing political about the act, as much as I thought at the time,” he said. “It was murder and horribly wrong.”

Bell will walk free in April and there appears to be little anyone can do about it. Political leaders and police unions have bitterly protested the move, aiming much of their wrath at Cuomo. The governor claims he is powerless to reverse the parole board’s decision. But Cuomo’s appointees, noted the New York Post, “have been much more parole-friendly than their Republican-appointed predecessors.” That’s an outrage. And it’s contributing to Cuomo’s deepening electoral problems.

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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

 

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.

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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.

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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:

FOR IMMEDIATE RELEASE

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.