COMEY, GIULIANI AND THE POLITICALIZATION OF THE FBI

No matter what the outcome of the Presidential election, the FBI is shaping up to be one of the biggest losers of this election season. Over one week’s time, the FBI’s well-deserved reputation for being a professional law enforcement agency operating above the political fray has been virtually flushed down the toilet into the murky cesspool of contemporary American politics.
On Friday, October 28, 2016, FBI Director James Comey gave us his “October Surprise”, darkly hinting through a thin veil of innuendo that Hillary Clinton might be due for another round of email investigations. Shortly after he sent this incendiary letter up to Capitol Hill, it was leaked that the possible renewed FBI interest in Secretary Clinton was a fallout from a probe of former Congressman Anthony Weiner’s laptop computer that he had shared with his estranged wife and top Clinton aide, Huma Abedin. As further details emerged, it was learned that the FBI had not actually seen the emails on Weiner’s computer because no court order had yet been issued or even sought permitting a search of his computer. Nor did the FBI know whether Weiner’s computer contained any emails that were sent to or from HRC, and if so, whether those emails were merely duplicates of emails already reviewed by the FBI.
In other words, Director Comey intentionally interjected the FBI into the Presidential Campaign, and since the clear (albeit erroneous) implication to the public was that the FBI Director would not send a letter to Congress on such an important topic eleven days before a national election if he had not already determined – at least preliminarily – that the new emails contained some “smoking gun” classified documents that would warrant a reopening of the FBI’s investigation of Ms. Clinton.
What we now know one week later is that Director Comey knew or should have known at the time he released the letter to Congress (knowing that it would be made public a few nanoseconds after it reached the Hill) was that an agent or agents in the FBI’s New York field office had already leaked the story about these “new emails” to the Trump Campaign. This is why Rudy Giuliani was already appearing on Fox News, smiling like the Cheshire cat and barely able to keep himself from spilling the news that he knew was about to be publicly released by the FBI. He cryptically announced that the Trump Campaign had “a couple of things up our sleeve” that would be “game changers.” And then, as if on cue, the FBI Director drops the letter bombshell two days later.
One week later, four days before the election, Giuliani confirmed that he knew that something big was happening at the FBI, thus confirming that FBI insiders had leaked information to the Trump Campaign in advance of Comey’s announcement. Giuliani insisted that he had learned about this information from former FBI agents, who had presumably received the information directly from active FBI agents, but whether the leak to Giuliani was a one step or a two-step process makes little difference. The important point is that the FBI has now joined the Russians and WikiLeaks as full-fledged members of the Stop Hillary campaign.
For the past 40 years of the post-Watergate era, the FBI and the Department of Justice have largely steered clear of partisan politics, re-building a generally well-deserved reputation as professional investigative (in the case of the FBI) and prosecutorial organizations. Public release of information regarding criminal investigations came only after indictments were handed down, and if a decision was made not to indict a high-profile subject or target of an investigation, any derogatory information obtained about that individual was not leaked to the press. Such information remained secure in the FBIs confidential files, no matter how frustrating it was to the FBI agents or AUSAs who had worked on the case, only to have it decided by higher-ups in Washington that the investigation would not proceed to an indictment and trial.
One notable exception to this general rule was Rudy Giuliani, who was as an Assistant U.S. Attorney and then U.S. Attorney in New York was so consumed by an overwhelming ambition for publicity and self-promotion, that he regularly leaked information about Grand Jury investigations and other confidential information to the press on “deep background.” He was often at the center of the “anonymous sources” within the Justice Department that reporters were so fond of citing. To be sure, Giuliani had many successful prosecutions of high-level political and organized crime figures during his tenure as a federal prosecutor, but his habit of leaking information to the press in advance of indictments or before a trial did some irreparable damage to the professional reputation of the federal prosecutors office in New York and the federal judicial system here.
The flip side is that Rudy Giuliani also took a “pass” on some cases involving high profile individuals, such as Donald Trump. During the time period that Trump Towers and Trump Plaza were being built in Manhattan, the mob-controlled Teamster Local 282 and its President, John Cody, had a virtual lock on every major construction site in the City. Every truck driver who drove a redi-mix cement truck onto a jobsite was a member of Local 282, and if the real estate developer did not make an illegal side deal with John Cody’s union, the flow of redi-mix cement would be cut off and the entire construction project would grind to a halt. Through the good offices of Roy Cohn, the mentor and godfather to Donald Trump, a deal was made with Local 282 whereby Trump agreed to hire no-show Teamster foremen, whose salaries were then funneled to the organized criminal organizations controlling the Teamster Local. Trump also agreed to modify the construction of Trump Tower to accommodate an apartment for one of Cody’s girlfriends and mob associate, Verona Hixon, who wanted a swimming pool included with her massive Trump Tower apartment, which was second in size only to Trump’s own apartment.
In order to close the deal with organized crime and guarantee that his Manhattan construction projects would not be interrupted by labor strife or work stoppages, Trump and Cohn also made a deal with “Fat” Tony Salerno, another notorious mob figure who owned C&A Concrete, the redi-mix cement company whose trucks delivered the cement to the Trump Towers and Trump Plaza job sites. Trump readily agreed to pay C&A an inflated contract amount, knowing that the excess profits would go into the coffers of organized crime.
During the Justice Department investigation of Teamster Local 282, the FBI and federal prosecutors working on the case were able to get the cooperation of at least one of the developers who made a corrupt deal with the union, but when Donald Trump was questioned about his dealings with the union, he refused to cooperate and adamantly denied that he had any illegal deal with either Local 282 or with C&A Concrete. With some difficulty, the Justice Department was still able to indict and convict John Cody on racketeering charges based upon the testimony of Sigmund Somers, one of the other major real estate developers in the New York area, but the investigation and prosecution would have gone much more swiftly if Trump had cooperated. Moreover, once Cody was indicted, he called a City-wide strike of truck drivers that closed down every major job site in the New York City area, with the notable exception of the Trump Towers and Trump Plaza job sites, which were specifically exempted by the union, based in large measure to the fact that Trump had proved himself to be a “stand up guy” who had refused to cooperate with federal law enforcement.
In fact, since lying to FBI agents and federal prosecutors is itself a federal crime, even if those false statements are not made under oath, there were those within the federal law enforcement community, myself included, who strongly felt that Donald Trump should have been indicted, but we were overruled by those further up the ladder in the Justice Department. At the time, in 1981 and 1982, Rudy Giuliani was the Associate Attorney General, the third highest official in the U. S. Department of Justice. As part of his supervisory responsibilities over all the U.S. Attorney’s Offices around the country, Giuliani would have necessarily had a decisive policy-making role as to whether the major labor racketeering investigation underway at that time, including the investigations of Teamster Local 282 and C&A Concrete, would have focused exclusively on the prosecution of corrupt union leaders and organized crime controlled construction companies, or whether real estate developers like Donald Trump who had entered into unlawful racketeering agreements with organized crime controlled unions and construction companies but who refused to testify truthfully about it should also be prosecuted.
By actively participating in the transformation of the FBI from a professional non-partisan agency into a political arm of the Trump Campaign, Rudy Giuliani is helping cause irreparable damage to the FBI’s integrity and reputation. And if Giuliani were to be named as the next Attorney General of the United States, this country would have the most political and partisan Attorney General since John Mitchell was found guilty of conspiracy, obstruction of justice and perjury following the Watergate Scandal.

THE FBI CONFIRM THAT IT ALREADY HAS AN ONGOING INVESTIGATION OF TRUMP AND HIS RUSSIAN CONNECTIONS

FBI Director James Comey has been applying a double standard when it comes to publicly confirming whether the FBI has active investigations relating to the two major Presidential candidates. He recently sent an intentionally cryptic letter to Congress announcing that the FBI was reviewing some new email that had not yet been reviewed, but which may or may not be relevant to Hillary Clinton and her use of a private email server. These new emails may turn out to be something significant to federal law enforcement, or it may turn out to be nothing. Director Comey doesn’t know at this point, and he clearly indicated that it is unlikely that the significance (or not) of these new emails will be clarified prior to election day. The Trump Campaign predictably pounced on Comey’s letter and interpreted it as a message from the FBI that it would be reopening its investigation of Secretary Clinton and certain of her staff members for misuse of classified documents.
On the other hand, Director Comey has absolutely refused to confirm the FBI’s ongoing investigation of Trump and some of his top aides for various unlawful activities, including having actively communicated and colluded with Russian and pro-Russian operatives to illegally influence this year’s Presidential election. Director Comey has even declined to say whether FBI agents had sought to speak with or had interviewed Trump former campaign chairman Paul Manafort, or his deputy, Rick Gates, even though it is widely known throughout the law enforcement and intelligence communities that there is an active FBI investigation of Manafort, Gates and others for money laundering and other illegal activities ever since documents surfaced in Kiev, Ukraine in August 2016 showing that Manafort had received over $12 million in cash from the pro-Russian former President of Ukraine, Viktor Yanukovich.
Although not yet specifically asked, it can also be assumed that Director Comey would “no comment” if asked about the active FBI investigation into the money laundering activities of the Trump Organization with regard to the huge influx of cash into that Company from Russian and Eastern European sources, including money provided by known international financial criminals and organized crime racketeers. The Trump Soho project in lower Manhattan was largely financed by illegally-obtained cash from Russia and several former Soviet Republics, and Trump specifically marketed his Sunny Isles, Florida apartment units in Moscow, St. Petersburg and other venues designed to attract Russian organized crime money, such as the French Riviera. So much tainted Russian money poured into Trump’s Sunny Isles project that the entire area is now referred to a “Little Moscow,” complete with Russian shops, restaurants, and even directional signs.

Here are the facts that should be disclosed by the FBI in the interests of fairness: There has been an active FBI investigation of the Trump Campaign and several of its senior officials since at least mid-June 2016, when it became publicly known that the DNC computers were hacked by suspected Russian operatives. This FBI investigation further intensified when Paul Manafort was forced to resign at Trump’s campaign manager on August 19, 2016, after it was disclosed that he had received at least $12.7 million in cash from the former pro-Russian President of Ukraine, Viktor Yanukovich, who was forced out of office in February 2014 and fled to Moscow, where he is still under the protection of President Vladimir Putin.
Less widely publicized – but well known to Manafort and the FBI at the time of Manafort’s resignation — was the fact that Manafort, Rick Gates (the Deputy Chair of the Trump Campaign) and Brad Zackson , a former manager in the Trump Organization, had been using various U.S. and offshore bank accounts to launder money for a pro-Russian Ukrainian oligarch by the name of Dimitri Firtash. Mr. Firtash was ultimately indicted by the United States Attorney’s Office for the Northern District of Illinois (Chicago), although efforts to extradite Firtash from Vienna, Austria proved to be unsuccessful.
I am very familiar with these investigations since much of the evidence relating to these money laundering activities was obtained by my law firm as part of a civil RICO investigation, and then provided to the FBI. Over the past several months, at least two FBI agents have been assigned to work in Kiev, Ukraine and are coordinating with a Ukrainian anti-corruption task force in their further investigation of, among other things, Manafort, Gates and others affiliated with the Trump Campaign.
Normally, I would refrain from commenting on an ongoing investigation by the FBI that I was aware of, since the public disclosure of such an investigation could lead the target or targets of that investigation to take steps to obscure the trail of suspicious banking transfers, or to move their money to a more secure location beyond the reach of U.S. law enforcement. However, in these cases, the targets of the investigations, including Manafort, Gates, Epshtyn and Trump himself are well aware that they are the subject of ongoing FBI investigations, so public disclosure should not impair those investigations. Moreover, the American public is entitled to know as much about the FBI ongoing investigations into Trump and his chief advisors before they go to the polls, even though Director Comey has already damaged the electoral process by only disclosing the details regarding the FBI investigation of one of the Presidential candidates, while refusing to even acknowledge that there are far more serious investigations of the Trump Campaign and its various operatives.