U.S. v. Flaherty – Part 8 of 10: The Affidavit Runs Up Against The Investigation

2015 08 21_3000The reason the assistant U.S. attorney would have felt the need to say he made the state cops into federal law enforcement agents was he knew they wanted to record and video tape the discussion between Flaherty and the victim. He would know that in that discussion there would be nothing discussed about the “hate crime.” It would be only about the paying of money and the witness not testifying in the state case.

It is fair to say that in December and who knows for how long afterwards the investigation only related to Flaherty’s attempt to bring about the accord and satisfaction which the cops considered a bribe or intimidation of a witness. In truth, up to the present time there has never been a need to investigate the “hate crime” because it is a one on one discussion. Every investigative step involving the victim and Flaherty related to the intimidation matter.

Did you ever hear the oath one takes when being sworn in. The person is asked “do you swear to tell the truth, the whole truth, and nothing but the truth.” Did you ever wonder what the term “the whole truth” means? It is a recognition that you can tell the truth but only as to part of the situation and leave out another part that may change the meaning of what you said.

In this case we have an affidavit which states that the “Department of Justice’s case management system indicates that the investigation of Feinberg and Flaherty was officially opened on December 24, 1914.” That may be true but what is important is not whether it was opened but the reason for it being opened. Was it because it was a witness bribery matter or a hate crime matter?

Is there any doubt that if it was opened it was because there was a belief the Flaherty was trying to intimidate a witness.

“Big deal!” You think. What difference does it make what the investigation is about?

And that my friend is the nub of the matter. It makes all the difference in the world what the investigation is about. That is what Flaherty’s lawyer Martin Weinberg spent time explaining to the magistrate why he needs to be able to go behind Wyshak’s affidavit and find out the whole truth.

Flaherty is charged with interfering with the investigation of a hate crime. If as appears almost certain that no federal hate crime investigation was ongoing in December then none of his actions taken at that time would have interfered with it. That is why it is of extreme importance that Flaherty’s lawyer be allowed to show the truth of the matter through records and testimony.

Keep in mind Flaherty could not have imagined in a million years that on December 23, 2014: 1/ that the federal prosecutors would say the state cops had magically become federal investigators and they were doing a federal investigation; and, 2/ that the investigation was about the hate crime about which the only information he had come from his client and was protected by the attorney client privilege.

 

 

7 thoughts on “U.S. v. Flaherty – Part 8 of 10: The Affidavit Runs Up Against The Investigation

  1. “yup,yup, ayuh”
    Elbows Wychulis grunted upon hearing the news
    Harold ‘madison ave’ Shaw would be the new
    FBI propagandist in Boston. Shaw, who lists
    himself on his resume as a very very
    special agent in charge will be responsible
    for the continued cover up of the FBI Boston Marathon
    bombing; the FBI Mumbai attack; the FBI 911 attack;
    the FBI TWA 800 attack; the FBI Oklahoma City
    bombing;; the FBI 1993 1st World Trade Center bombing;
    the FBI Lockerbie bombing and the FBI Omargh bombing.

    In other news Matt should change the date 1914 in his post

    Harold H. Shaw Named Special Agent in Charge of FBI Boston Division

    Washington, D.C.
    September 01, 2015

    FBI National Press Office
    (202) 324-3691
    FBI Director James B. Comey has named Harold H. Shaw as the special agent in charge of the Boston Division. Mr. Shaw most recently served as the special agent in charge of the Counterintelligence Division of the New York Division, where he was responsible for counterintelligence, counterproliferation, and counterespionage programs.

    Mr. Shaw entered on duty with the FBI in 1999 and was assigned to the New York Division. He worked as a member of the Joint Terrorism Task Force (JTTF) and investigated a variety of international and domestic terrorism matters, including the USS Cole bombing. Mr. Shaw served as a case agent following the September 11, 2001 attacks, actively developing the investigation and pursuing leads tied to the attacks for the next two years.

    In 2003, Mr. Shaw was promoted to supervisory special agent and was detailed to the CIA’s Counterterrorism Center (CTC), where he served as one of the first liaison officers between the FBI and CIA in the post-9/11 era. He later served as the deputy director for law enforcement for the CTC-International Terrorism Department.

    In 2005, Mr. Shaw was promoted to field supervisor in the New York Division, where he oversaw a JTTF squad responsible for international terrorism matters relating to the Middle East.

    In 2007, Mr. Shaw led efforts to establish the first JTTF squad that was not centrally located within New York City to enhance the FBI’s presence and intelligence exchanges with law enforcement partners in the six northern counties around the city. His squad received the Director of National Intelligence Meritorious Unit Citation for their work on an international terrorism case.

    In November 2011, Mr. Shaw was promoted to assistant special agent in charge within the Counterterrorism Division of the New York Division, where he provided management for the division’s international terrorism investigations. In this capacity, he led collaborative efforts to disrupt the 2013 attempted bombings of the New York Federal Reserve and worked to help identify and locate subjects tied to the Benghazi attacks.

    In April 2013, Mr. Shaw was promoted to section chief and deputy director for law enforcement and returned to the CTC as a senior liaison between the FBI and CIA.

    In July 2014, Director James B. Comey named Mr. Shaw as the special agent in charge of the Intelligence Division at the New York Division. In this role, he was responsible for ensuring the integration of intelligence throughout all operational programs and collaborating interoffice efforts to establish investigative priorities.

    Mr. Shaw earned a Bachelor of Science degree in communications from Norwich University. Prior to joining the FBI, Mr. Shaw served as an officer in the United States Army for more than nine years.

    Mr. Shaw reports to Boston in early October.
    “yup,yup, ayuh”
    Elbows Wychulis grunted upon hearing the news
    Harold ‘madison ave’ Shaw would be the new
    FBI propagandist in Boston. Shaw, who lists
    himsels on his resume as a very very
    special agent in charge will be responsible
    for the continued cover up of the FBI Boston Marathon
    bombing; the FBI Mumbai attack; the FBI 911 attack;
    the FBI TWA 800 attack; the FBI Oklahoma City
    bombing;; the FBI 1993 1st World Trade Center bombing;
    the FBI Lockerbie bombing and the FBI Omargh bombing.

    In other news Matt should change the date 1914 in his post

    Harold H. Shaw Named Special Agent in Charge of FBI Boston Division

    Washington, D.C.
    September 01, 2015

    FBI National Press Office
    (202) 324-3691
    FBI Director James B. Comey has named Harold H. Shaw as the special agent in charge of the Boston Division. Mr. Shaw most recently served as the special agent in charge of the Counterintelligence Division of the New York Division, where he was responsible for counterintelligence, counterproliferation, and counterespionage programs.

    Mr. Shaw entered on duty with the FBI in 1999 and was assigned to the New York Division. He worked as a member of the Joint Terrorism Task Force (JTTF) and investigated a variety of international and domestic terrorism matters, including the USS Cole bombing. Mr. Shaw served as a case agent following the September 11, 2001 attacks, actively developing the investigation and pursuing leads tied to the attacks for the next two years.

    In 2003, Mr. Shaw was promoted to supervisory special agent and was detailed to the CIA’s Counterterrorism Center (CTC), where he served as one of the first liaison officers between the FBI and CIA in the post-9/11 era. He later served as the deputy director for law enforcement for the CTC-International Terrorism Department.

    In 2005, Mr. Shaw was promoted to field supervisor in the New York Division, where he oversaw a JTTF squad responsible for international terrorism matters relating to the Middle East.

    In 2007, Mr. Shaw led efforts to establish the first JTTF squad that was not centrally located within New York City to enhance the FBI’s presence and intelligence exchanges with law enforcement partners in the six northern counties around the city. His squad received the Director of National Intelligence Meritorious Unit Citation for their work on an international terrorism case.

    In November 2011, Mr. Shaw was promoted to assistant special agent in charge within the Counterterrorism Division of the New York Division, where he provided management for the division’s international terrorism investigations. In this capacity, he led collaborative efforts to disrupt the 2013 attempted bombings of the New York Federal Reserve and worked to help identify and locate subjects tied to the Benghazi attacks.

    In April 2013, Mr. Shaw was promoted to section chief and deputy director for law enforcement and returned to the CTC as a senior liaison between the FBI and CIA.

    In July 2014, Director James B. Comey named Mr. Shaw as the special agent in charge of the Intelligence Division at the New York Division. In this role, he was responsible for ensuring the integration of intelligence throughout all operational programs and collaborating interoffice efforts to establish investigative priorities.

    Mr. Shaw earned a Bachelor of Science degree in communications from Norwich University. Prior to joining the FBI, Mr. Shaw served as an officer in the United States Army for more than nine years.

    Mr. Shaw reports to Boston in early October.

  2. I apologize for the redundant post
    but I was taking a selfie of Elbows
    posting , sigh!

    oh oh

    Houston teenager fatally shoots himself while taking a selfie with a gun
    According to police a witness says Deleon Alonso Smith, 19, believed the gun was unloaded at the time

    http://www.theguardian.com/us-news/2015/sep/02/houston-man-selfie-gun-shoots-self-deleon-alonso-smith

    in other news

    http://www.theguardian.com/us-news/2015/sep/02/first-court-hearing-begins-in-death-of-freddie-gray-in-baltimore

    Baltimore protester arrested at first Freddie Gray court hearing
    Dozens of demonstrators gather at hearing for six Baltimore officers
    Defence says state’s attorney Marilyn Mosby ‘poisoned’ jurors’ minds

    also see

    http://www.stopfbi.net/petition/professors-and-academics

  3. Matt,

    A couple of questionable points I noticed from this informative Aug. 20 article in the Herald by Andy Metzger from the Sate House News Service:

    http://www.bostonherald.com/news_opinion/local_coverage/2015/08/tim_flahertys_lawyers_questions_why_feds_involved_in_hate_crime

    1. If “accord and satisfaction” is legal why would the state police record the conversations between Birchi and Flaherty?

    2. Flaherty could say whatever he wants to him over a series of conversations (correct?), as long as he had the required document for Birchi to sign when the money was exchanged,…WHICH HE DID. Birchi refused to sign, but willingly took the money after shaking him down for more money over the weeks and recorded conversations leading up to their physical meeting on Christmas Eve.

    3. Birchi’s statement to Cambridge police was discredited by an objective eyewitness’ statement to the FBI.

    4. Feinberg isn’t being prosecuted federally.

  4. Mr. Shaw’s CIA CTC experience might give pause, having read the Senate Select Committee Intelligence & IG report on the CTC’s 2003-2005 prisoner torture, deaths, and routine rectal feedings relabled as “Enhanced Interrogation Techniques (EITs). However, if Director Comey sent SAC Shaw here to deploy EITs on AUSA Fred Wyshak in response to Fred’s perpetual perjury, witness intimidation, $14 Million victim restitution theft, extortion and press smear schemes-we should give Mr. Shaw some slack.

    Yesterday, in US v Fitzpatrick, Wyshak’s latest witness intimidation scam, Fred’s wingman filed a Joint Status Report that Fitzpatrick has not yet decided whether to invoke a “public authority or insanity defense”.

    1. thanks for updating very , very special sociopath Shaw’s
      psychological profile.

      No question this law enforcement’ sickie’ will carry
      on the Boston FBI SAC tradition whose motto is

      ” when you are the law wnforcent agency investigating
      the crime you just committed you can get away with the crime”

      In other news

      http://www.cbsnews.com/news/fbi-infiltrates-burning-man-festival-collects-intelligence-documents-show/

      FBI infiltrates Burning Man festival, collects intelligence, documents
      show

      Sep 2, 2015 3:22 PM EDT
      WASHINGTON — Thousands of revelers are converging this week in
      Nevada’s Black Rock Desert for the Burning Man Festival, where they’ll
      camp, create and observe art and music, and where, perhaps, they’ll
      encounter an undercover FBI agent.

      Documents obtained by the journalist Inkoo Kang, and posted to the
      website MuckRock, reveal that the event has been under FBI
      surveillance since at least 2010. That is when the agency concluded
      that Burning Man is “considered a cultural and artisan event, which
      promote (sic) free expression by the participants.”

      In one document from 2010 agents conclude that the “greatest known
      threat in this event is crowd control issues and use of illegal
      drugs,” but in a heavily-redacted report produced less than a month
      later, the agency’s Special

      http://www.nytimes.com/2015/09/03/movies/-t-error-focuses-on-informant-and-piques-fbis-interest.html?_r=0

      (T)error’ Focuses on Informant and Piques F.B.I.’s Interest

      In the winter of 2011, a former Black Panther named Saeed Torres moved to Pittsburgh, saying he was going to work undercover for the Federal Bureau of Investigation. There, he began monitoring a former convict, Khalifah al-Akili, who had been posting social media messages professing his admiration for the Taliban.

      Although informants usually operate in secrecy, Mr. Torres invited two filmmakers to observe him. Without the knowledge of the F.B.I., they spent about six months following Mr. Torres’s information-gathering efforts.

      The result, an 86-minute film by Lyric Cabral and David Felix Sutcliffe called “(T)error,” may be the first documentary to show a terror investigation as it unfolds from the perspective of an informant. It has drawn interest from F.B.I. agents, the filmmakers said, and they have some concerns about how the government will react when the film is released in theaters in late September or in October.

      After the movie was shown in January at the Sundance Film Festival, where it received a special jury prize, the F.B.I. called the documentary’s sales agent, Creative Artists Agency, and asked for a copy, Mr. Sutcliffe said. He added that the filmmakers declined the request.

      Ms. Cabral said that after a screening at the Tribeca Film Festival in April, a man who identified himself as a counterterrorism agent for the F.B.I. introduced himself. The two spoke briefly, she said.

      “I asked him how he liked the film,” Ms. Cabral said. “He said ‘liked’ was not the best word but it was educational.”

      Michael P. Kortan, the F.B.I.’s chief spokesman, said, “The F.B.I.’s use of undercover operations and informants is done in accordance with strict guidelines and in close coordination with the Department of Justice and the United States attorneys offices.”

      The documentary does not show F.B.I. agents but quotes text messages Mr. Torres says were sent by agents and includes a scene in which he plays a phone message that he said was left by an agent. Two lawyers who reviewed the film stated that the use of the text and phone messages should not give rise to any valid legal claim.

      But even the possibility of a lawsuit made it difficult to obtain what’s known as errors and omissions insurance, which is required by virtually all distributors and protects against claims of slander, unauthorized use of characters, defamation of character or invasion of privacy, among other potential accusations.

      “A lot of the insurance

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