The Boston media and some federal judges flew into tantrums when it learned that Whitey Bulger and Stevie Flemmi were FBI informants. These guys were two major criminals and no one could understand how the FBI would be in bed with them. What they didn’t know was the FBI had a secret program called the Top Echelon Informant (TEI) program where they gave protection to the TEIs in exchange for them giving them information against other criminals.
It would actually turn out that the TEI program which was aimed at the Mafia may have been a big success. The Mafia is a shell of itself compared to what it was at the time the TEI program was started back int 1962. But its difficult to credit all the demise of the Mafia solely on the TEI program since law enforcement was given oodles of other tools including the RICO law to end the Mafia’s influence and rule.
The TEI program is an example of the end justifying the means; since it is obvious that the means: protecting some criminals who continued to commit crimes while going after others is not really the way things should be done. As many who sit behind media desks and pose as experts in criminal matters never having tried a criminal case or even investigated one would point out, you were letting the TEIs victimize some people in exchange for grabbing other criminals. The basic question was what right do you have to pick one vicious criminal over another; isn’t your job to protect everyone from them?
It’d turn out that while Whitey and Stevie were TEIs they murdered some people. Had they not been protected then maybe those people would still be alive. However on the other side of the coin, those who they ratted out would not have been arrested and they may have murdered other people. The thing is that you can’t show that a person who wasn’t murdered would have been murdered if things were different.
None of that mattered in the outrage of the media; no one looked at the other side of the coin which is the lives and fortunes saved by locking up the people the TEIs were providing information about. The outrage fit the desires of the moment which was to vilify Whitey who was elevated into some type of Professor Moriarty who may have bested Sherlock Holmes in their fight on the cliffs. Truth be told, Whitey was no more than a vicious Southie hoodlum who strayed little from his home turf killing most of his victims within a mile or so of Castle Island. He never terrorized Boston, as some have it, since most never heard of him until long after he went on his 16 year flight from the law.
As for the TEI program I’ve always said it was corrupt and probably unnecessary. I could never get my head around the idea that the FBI would choose to use such men as Whitey and Stevie as support staff. It seemed it was protecting the killer whales while getting the minnows.
Unlike the media that was up in arms over the Whitey and Stevie and other TEIs but is silent when an equivalent program is run by the Justice Department’s (DOJ) prosecutors, I happen to think the DOJ program is equally corrupt as the TEI one. Its program, sort of like the TEI, is to protect some criminals in exchange for prosecuting others.
What got me thinking about this was the Epstein case. Epstein had these women who served as pimps scouring the sad and impoverished homes of the West Palm Beach area for young girls to come to his house and be molested. He was eventually arrested and entered into a plea agreement with the federal prosecutors that provided: “the United States agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesllie Groff or Nardia Marcinkova.” (My emphasis) How does blanket agreements not to prosecute criminals differ from giving some criminals the right to commit crimes.
There’s hardly a peep from the media about the U.S. protecting all these people who may have been engaged in white slave trafficking of young girls. The federal appeals court in Boston says the FBI can’t give immunity from prosecution but the DOJ attorneys can. That does not make the consequences any different. We’ve seen in the Whitey case how persons alleged to have murdered other people such as Howie Winter, Pat Nee, and James Marotorano were given passes for their crimes as part of plea deals with other people.
All of which brings me to my question is Whitey right? I’ve always pooh-poohed the idea that Whitey met with federal prosecutor O’Sullivan and O’Sullivan gave him a pass for all his past, present and future crimes. I did it for two reasons: I never believed the meeting took place and such a promise was given; and, I didn’t believe anyone had the power to make such an agreement.
I still cling to the first part; but as to the second I may be wrong. If the federals can agree not to prosecute anyone for crimes they might have committed even, as in the case of Epstein, they have no idea who else conspired with him or what it involved, what is it that prevents them for also agreeing not to prosecute for future crimes. To put it more bluntly, the accused says “I will plead guilty to extortion if you agree never to prosecute Jim, Johnny and Jonus for any crime they have or will have committed.” If the federals go along with it are the trio free to wreak havoc in our community?
If the Epstein is not the true “War on Women” I don’t know what is unless you call it a war on children. If the media decides to cover this and the Judiciary decides to take this on it could result in a huge implosion with many casualties who are very rich and powerful. All the scrambling and damage control leaves a real appearance of guilt. It’s a bit like a movie where the secret agents are racing to reach and defuse a ticking nuclear bomb except that the agents are by no means heroes. On the other side you have Paul G Cassell who is obviously a very bright guy and appears to be conducting himself very professionally and with grace and dignity. Who the good guys are is pretty obvious.
Hank:
Good post. Right on the money. The reason why it is not being adequately covered is that “it could resut in a huge implosion with many casualties who are very rich and powerful.” This is especially so when it comes to the relationship of a relative to a leading candidate for the the presidency in 2016. Imaginge how much money could be raised if Epstein was given access to Lincoln’s bedroom.
Matt, your post brought up references regarding the FBI’s TE Informant [TEI] program. Your post was somewhat accurate regarding the FBI giving a pass to a TEI regarding his /her authorized criminal activities. At this juncture, I must point out that before a TEI is opened, he/she is interviewed to determine the scope of their criminal activities. The TEI is told that no acts of violence will be tolerated under any circumstances. If the FBI receives information to the contrary, they will be prosecuted. Your post correctly states that the FBI does not have any authority to grant immunity to anyone, period! This authority comes from the DOJ, not the FBI. These TE Informants are authorized to continue with their criminal activities to ensure that their status in the criminal community is maintained. The TEIs know this rule and it doesn’t take a Rhodes Scholar to understand that they would be committing suicide if they told anyone in the FBI about their violent act. They know that all bets would be off the table and the DOJ’s agreement to protect them from prosecution would cease. The FBI is not in the business of killing people; the FBI is in business to protect people. The use of TEIs is a tool the FBI utilizes to combat crime. Again, if a TEI is foolish enough to tell the FBI that they killed someone, this admission would result in their prosecution.
As distasteful as the TEI program appears to the general public, it is a necessary investigative tool and it has been used successfully for many years.
One last comment; Whitey and Stevie did meet with the USA’s office, namely, the late Jerry O’Sullivan. This was documented in a hearing in front of the US House of Representatives, the Committee on Government Reform and Oversight. O’Sullivan admitted that he knew that Whitey and Stevie were informants of the FBI. Unfortunately, O’Sullivan was never able to testify at John Connolly’s trial which would have resulted in total different verdict. The web the DOJ weaves and continues to weave.
Most had never heard of him? If they were living in Boston they should have remembered the Globe profile in 1988 that offered the words special relationship regarding the FBI. If you lived in Massachusetts and knew who ran the Senate , you would have heard of his brother.I find it very hard to believe that anyone from Washington would give a gangster permission to do anything, as long as the gangster gave important information in taking down the local Mafia. That said the Mafia was strong back then, SO WHO KNOWS HOW FAR THEY WERE WILLING TO GO?