Whitey Loses Appeal – No Surprise Here

(1) whiteyThe First Circuit Court of Appeals decision spells the end of the line for Whitey. It was all a foregone conclusion. No judge in Boston was interested in bringing the circus back into town. I’ve said before that if the jury consisted of the relatives of Whitey’s victims the judges would still have found he had a fair trial. Some guys belong in prison. Whitey fit that bill.

The photograph to the left was taken by the Quincy police department detectives. It was one of the few available to law enforcement prior to Whitey’s flight. The guy facing him is his partner Benji Ditchman.

The Appeals Court decision was broken up into four parts: I: The Background of the case, (pages 2 – 9); II: Immunity, (pages 9 – 27); III: The Martorano concerns (pages 27 – 45): and Prosecutor Wyshak’s speaking objections (pages 45 – 49).

The Court found that Wyshak’s speaking objections were not egregious. Wyshak was flaunting the trial judge’s instructions not to do so. Defense counsel continually objected but somehow the Appeals Court found that was not enough. It shifted the blame to defense counsel for not requesting curative instructions and suggested defense counsel also did the same a Wyshak, both of what seem irrelevant to the issue. Knowing it should have done more than brush it off it concluded: “the government’s case was not a weak one.  . . . Given all this, we have no trouble concluding that even had the speaking objections constituted misconduct, Bulger was not prejudiced.” 

In the Martorano part there is one quote from the court worth noting: “While we do not need to go any further, the following is worth a mention. A “conviction obtained by the knowing use of perjured testimony is fundamentally unfair, and must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury.”” 

Beautiful language. But think back to John Connolly’s appeal which I wrote about here and here. There the same appeals court knew Connolly was convicted through the use of perjured testimony yet did nothing about it.

The Martorano aspect involved two parts: the first that the government hid that it was still protecting Martorano from prosecution for his subsequent crimes which it should have disclosed under Brady; and, the government also hid that it promised Martorano he would not have to testify against his brother Jimmy, Howie Winter and Pat Nee which it also should have disclosed under Brady.

The court ruled against Whitey but had to add something because it seems it must have felt its ruling was not quite correct. It stated: “To be clear, our conclusion today by no means suggests that the government can sidestep its Brady obligations simply by conducting its own investigation and determining that potentially discoverable allegations are unsubstantiated. Our holding is limited to the facts of this case. ” 

In other words we’re going to let the government get away with it here but it should not do this in the future.

The Immunity part considered whether the judge could decide the issue rather than the jury which the court said was fine. As to all the rest of Whitey’s points the court went back to a fundamental point which I spoke to about before. Whitey offered no evidence by way of an affidavit or testimony about the immunity deal. It all was brought up by the lawyers arguments but those are not considered facts upon which a decision can be made.

Here is some of the language of the court:

As for the merits of Bulger’s immunity claim, the court found that Bulger had offered only a bare assertion (through defense counsel’s representations) that O’Sullivan gave him immunity sometime before 1984, which extended until 1989 when O’Sullivan left the United States Attorney’s Office. Bulger provided no evidentiary support, written or otherwise, for this claim and declined the court’s invitation for an evidentiary hearing.”

There was in essence no proffer from Bulger. He did not offer, say by way of affidavit, particulars of the alleged grant, such as when and where it was given, whether anyone else was present, whether it was memorialized in some way, or whether consideration was exchanged.”

“Despite repeated opportunities, Bulger declined to make a further proffer in support of his immunity claim and likewise declined the court’s offer of an evidentiary hearing to test the Margolis affidavit.”

We still don’t know from any evidence whether AUSA Jeremiah O’Sullivan ever met Whitey. I’ve always doubted it. If he did, we don’t know what Whitey was to do in exchange for the extended immunity deal. Was it as Whitey told the judge as she questioned him about his decision not to testify: For my protection of his life, in return, he promised to give immunity.” Or was it as he answered in a discovery motion: in return for his assistance with a DOJ objective that did not include providing information about others” and that O’Sullivan “embraced” this objective.”

I always thought the immunity issue was made up out of whole cloth. The truth is the only deal Whitey ever had was with the FBI. Knowing Jeremiah O’Sullivan there is no way he would have even met with Whitey for to do so would have put him in a position to be compromised.

The bottom line is justice was served even though it took a little stretching to bring it about. Thus ends the trial of Whitey Bulger. His convictions will now stand forever.


38 replies on “Whitey Loses Appeal – No Surprise Here”

  1. Yum Yum ((((( dass) )))))) … Was aware of his major Stroke. . He said, seems about 10 years ago now, that it had emerged as his greatest Teacher. His back in the day accounts of meeting Maharishi-ji in the mountains of India are fascinating as Maharishi shocked the young doctor with clairvoyant knowledge of intimate. details of Alpert’ s Father’s death. Alpert says later he held forward for Maharishi’s inspect a handful of about 14 Sandoz LSD Caps and Maharishi promptly grabbed them and ate them. Enough pharmaceutical Acid to send a Cricket Team into 18 hours of hallucinating Bats Men had no measurable effect on the holy fellow. Alpert said ” It was as if he wanted to show me it was all Mind always! “or words to that effect.

    Get thee to a Gangaji Freeh. It is time for that silly Trojan Horse to come to SATSANG 🙂

  2. Matt
    when you have time you might
    want to view the new documentary
    about how Bill and Hillary Clinton
    murdered Vince Foster

  3. Richard Alpert aka Ram Dass would likely agree with you. Although as a tenured Harvard professor who felt the untenured upstart Leary had wrecked his prospects and career at the old college with his wlldly abandoned personal style, he neglects his own responsibility in hitching his academic wagon to Leary’s psychedelic ★ . So, Alpert was more the self consciously preening Harvard man in bespoke tweed than Leary, by the simple force of his iconoclastic personality, could ever have been. Alpert did quite a lot of headstands on the Millbrook House lawn with lissome coeds himself so his later kvetches about an academically scruffy Leary having set his cap at corrupting the icon are an indication that no one got to anyplace they did not want to go. As Kesey said of the hallucinatlng out of their mind prankster on FURTHER, the Merry Prankster bus, ” Everyone is responsible for their own trip. ”

    ELECTRIC KOOL AID ACID TRIP ( Tom Wolfe) chronicling of such Kesey ” Gems” aside. And yes, irony intended by placing quote marks, it is a certainty that Leary’s benediction did not absolve the absolver in the minds of many, clearly not in yours.

  4. You misunderstood what I said. Brothers of Eternal Love went to prison because Leary couldn’t face doing a bit. He sold out his partners to save his freedom. Dr. Tim was a bigger snitch than Al Sharpton. A few decades later, just before he died, Hog Farm held a big party for Leary on the spread outside Satanville. The local freaks mocked up a copy of the old prankster bus. It had an observation port cut in the roof so folks could sit on top. As the paisley painted antique bus slowly wound its way through an 8000 strong crowd of adoring heads, Leary motioned with his hand like he was performing benediction. I had mixed feelings about the event.

    Ken Keasy was just as brilliant, but, a lot more fun than Leary, who was kind of a stuck-up Harvard prick.

  5. I often think of the look Curtis Stevenson had
    on his face staring up at the referee from the
    canvas after being dropped by Genady Golovkin
    in the second round of their recent fight.
    I suspect it is the same look Matt has reading his blog.

    As Steven Greer MD made clear in his new
    documentary Sirius “ET’s have an IQ of 500
    humans have a IQ of 0 ”


    In other announcements ….
    good to have G Gordon Liddy posting here.

    in other news

    visit. co2.earth

    In 1958 it was 315 ppm of co2
    In 2016 the monthly average was 404 ppm of co2

    This is when it usually took several hundred years
    to raise the level 1 ppm of co2.

  6. I’m doing my own Time . I do not begrudge him his . A nimble wit as always.

  7. * …jailed by Black Panther Algerian Exile Eldridge Cleaver, in Algeria, once Eldridge had decided Leary had worn threadbare the magic welcoming carpet.

  8. * Incidentally Leary and wife Rosemary were eventually jailed by Black Panther Algerian Exile in Algeria once Eldridge decided Leary had worn threadbare the magic welcoming carpet. It was a shakedown. The money got raised and the ransomed Leary’s fled to Afghanistan, yes, where he was snarfed up and extradited back to Cali by the DEA. How much ” smuggled hash out of Kabul ” he was able to pave his cell in a California prison with is unknown 🙂

    Again, such charges are glibly and easily made. Clearly he was involved in a lot of intrigue. But facts are stubborn as John Adams said. And these are the facts. Wild accusations demand sobering facts to cool the fevered revolutionary brow. Otherwise it’s just Eldridge Cleaver kicking himself in the ass for being stuck in Third World hellhole like Algeria in the early seventies !!!

  9. ★ http//stewalbert.com/leary

    ” Nobody ever went to jail as a result of any testimony I ever gave ” … Leary

    Leary did play a cat and mouse game with the Feds. This was his nature ; he was “All In ” in today’s argot. A federal marshall is quoted in above piece as noting to defendants …” Leary did you guys a lot of good in his testimony ” … Subpoenaed Leary’s testimony was careful, cagey, circumspect and entirely befitting the cerebral keeper of the ” Key to the Word Hoard. ” 🙂 … He was a Warrior and a true Revolutionary . His historic interactions with G.Gordon Battle Liddy who first interviewed the elusive spirit in a telephone closet under the main stairwell of upstate NY psychedelic pleasure palace, Millbrook House, where Leary was guru in residence and Liddy was serving a rather dubious warrant, are a HOOT !!! They in later years became great friends and went on the lecture circuit together. I recommend article cited in link above. Timothy Leary’s Dead … as the song goes. He is not forgotten. Nor should he be. A Great Man and a person willing to always push the known and welcome the unknown .

  10. ★Coda :

    When Leary busted out on a five year pot charge The Brotherhood Of Eternal Love paid the very violence based Weather Underground 25k to smuggle him to Algeria. By that time The Brotherhood of counterculture entrepreneur John Griggs was a serious $$$$ Kaich’ making organization, a precursor if you will to Ben And Jerry’s if you will ; If Ben And Jerry’s top selling ice cream flavor was ORANGE SUNSHINE !!! 🙂

    When raided in ’72 the FEDS estimated they had an operating network of 750 members and annual sales of 200 MILLION … in ’72 dollars ya’ see … That is a LOT OF CHEESE !!!

    Sailing into a denunciation of the wily, but essentially disparate actor in that whole ” BOURGEOIS DRAMA ” 🙂 , Doctor Tim, is at best a stretch and at worst pretty damn cheesy. They were in the FED Crosshairs for a long time. Either document some role an essentially vagrant in Algeria Leary had in their being raided or chill.

    This episodic and all too easily leveled smear is of the same nature as many of the charges and imputations of being a rat that are hurled around the Federal Court. Their basis in fact is tenuous. Easily brought, only a Man’s friends will refute them. I like Leary. And Jimmy . Hell I even get a smile on my face time to time from what you write Khalid. Now stop Trippin’ .

  11. K:

    I liked the guy . Kill a cheese eating rat or two or three and you learn that like all rats they simply wanted to survive. Leary was no different. I am always suspicious .. to paraphrase Emerson … ” The more they denounced cheese eating rats the faster we shot them in the head ” … I make a joke of course . 🙂 … Tim Leary was a brilliant and personable guy who was always ” pushing it. ” He used ” The Brotherhood ” just as they used him. Leary scrambled to survive. He did not sell out brother or mother to do so. Hysterical denunciations delivered from the pulpit of intellectual comfort do not impress me. I have dealt with enough rats in my lifetime to see the human in all of them. Fortunately or unfortunately we live in the world we live in although we know we will die. Leary had BALLS. BIG ONES … Make of it what you will. He made his Mark .

  12. Leary was a cheese-eating rat. Following his first conviction, the Brotherhood of Eternal Love walked him out of camp. Leary didn’t like lamming it. After a while, he made a deal with the Feds to come out of hiding. Dr. Tim (aka Howard Hughes $$$) had put away a bundle, smuggling hash out of Kabul with the Brotherhood. He wanted to spend it in peace, so, he gave up the guys he worked with. Psychedelic explorations, aside, he’s not a dude to admire.

  13. @ Freeh :

    Now THEM’S ‘ some interesting links. Tim Leary told me to listen really carefully to what he wanted to say to me when I artfully, having read his book and remotely viewed Millbrook House 🙂 , defended him on Larry King radio show. … ” THANKYOU !!!!!!! ” was his simple utterance. Just remember that Tim Hedges is no Tim Leary, but I know a correligionist when it comes to Harvard’s Cosmic Trickster. Nicely rendered and intriguing info .

  14. Just finished watching Zero Point Full Documentary on YouTube
    this evening. You do know what to do?

    Back in 1962-63 when Punchy McGlaughlin
    was still alive serving time at MCI Concord Prison,
    Harvard professor Timothy Leary was coming
    into the prison and giving psycilocybin
    to a group of inmates hoping to change
    criminal behaviour by altering consciousness.

    Three inmates taking this organic LSD
    derived from mushrooms were John
    Anthony, Donald Paiten and Jimmy Kerrigan.
    Based on their religious experiences/cosmic
    consciousness they formed a self help
    group inside the prison called Achievement and Goals
    later changed to the Self Development Group SDG
    which eventually had offices on Joy st on
    Beacon Hill. It closed its doors in the late 70’s.
    Concord Prison Experiment – Wikipedia, the free encyclopedia
    The Concord Prison Experiment was designed to evaluate whether the experiences produced by the psychoactive drug psilocybin, derived from psilocybin …

    A New Behavior Change Program Using Psilocybin
    by T LEARY – ‎1965 – ‎Cited by 24 – ‎Related articles
    The program aims to produce such changes in prisoners’ ways of thinking and ….. In that study 56% of the 311 men released from Concord during 1959 had …

    Wesley Swearingen is a retired FBI agent living outside
    of San Diego who knew J Edgar Hoover.
    Swearingen’s book To Kill a President
    provides his Insider knowledge of the FBI
    assassination of JFK.

    Dr Fred Whitehurst PhD Chemistry/JD worked at
    the FBI Lab for 15 years and blew the whistle on
    how bad the Lab was run. Want to know more
    about the FBI coverup of the 1993 World Trade Center bombing and Oklahoma City bombing? contact
    him at his law office in North Carolina.

    in other news from the whisper stream

    Sacramento FBI agent turned whistleblower was wrongly fired, court rules

    John C. Parkinson alleged his colleagues engaged in sexual misconduct

    He alleged one agent took FBI plane to Reno to have sex with prostitutes

    The FBI wrongly fired a former Sacramento-based special agent who blew the whistle on his colleagues’ alleged sexual misconduct, a federal appeals court has ruled.

    Capping a battle that’s raged across hearing rooms, courthouses and Capitol Hill, appellate judges rejected the bureau’s charge that led to the 2012 firing of former special agent John C. Parkinson. The ruling effectively means the bureau must either rehire him or settle.

    “It should be appreciated that … the penalty of removal, which was predicated on the now overturned lack-of-candor charge, cannot be sustained,” wrote Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit.

    Parkinson’s attorneys call the court vindication, in the 35-page majority decision quietly released Monday, relatively uncommon for FBI whistleblowers and potentially meaningful for others who find themselves in the same shoes.

    “We are thrilled at this victory,” attorney Jesselyn A. Radack, with the watchdog group ExposeFacts, said in an interview Tuesday. “It truly is a rare and historic ruling.”

    Radack, who joined attorney Kathleen M. McClellan in the case, added that “in general, whistleblowers don’t have a great track record in the Federal Circuit.” The relatively obscure appellate court often handles patent and other technical cases.

    The Parkinson ruling, though, follows years of claims and counterclaims that started with the salacious.

  15. Matt, if your looking at Hoover it would be interesting to also look at the custody of personnel investigative files after Hoover passed. When alive he got em and sat on them. Post Hoover they were distributed. Who was on the distro list? A good test case would be when George HW Bush was nominated to CIA. Answer Cheney and Runsfeld. It’s interesting.

    1. Jim,
      Check into Edgar’s secretary, Clyde Tolson, and the secret files the day Edgar died.

  16. Wa-llahi! Say it ain’t so. Jimmy, we hardly knew ye. Well, on to fresh inquiry.

    Will there be any interest in the up-coming extradition from Mexico? In an interesting reversal of roles, Guzman-Loera is asking for fast-track extradition to the States. Official Mexico dreads his departure, and, is quietly, but, forcefully, resisting the State Dept.’s extradition request. If Archivaldo reaches US custody, it will be difficult to silence him before he sells out everything, and, everyone, he knows. Guzman’s attorneys have dropped any attempt to stall his extradition. The lawyers have gone public with a request to wheel and deal with the Feds, if they can guarantee him a do-able bit. This might be an interesting case to watch unfold.

    Thanks for many hours of fun watching the Bulger saga come to its’ conclusion.

  17. Was justice served?
    The DOJ holding back information from the defense, which is a blatant violation of Brady, seems to be a common practice, going back to the Enron case and prior, according to former AUSA Sydney Powell (Licensed to Lie: Exposing Corruption in the Department of Justice). How can justice truly be served when evidence is with-held?

    Going into the known lies and current crimes of Martorano would go on and on. So let’s just agree that any discussion pertaining to Martorano’s testimony was NOT justice served.

    And, what of the memo of Jeremiah O’Sullivan to Assistant US Attorney General McGuire that was sealed by good ‘ole George W. in 2002, under the guise of ‘National Security”. (Yeah, I suppose the US Attorney General’s office giving criminals free-reign might become a matter of National Security — because the citizens would demand to know how this could be possible, and the DOJ might actually be forced to answer questions and make changes! The DOJ certainly didn’t want that to happen! So let’s put the memo under executive seal! (George W. was such a freaking puppet on a string (similar to Wyshak’s puppets: Martorano, Flemmi, Morris, and Weeks) It’s no wonder George W. was the executive that did it! And, he probably never even asked what it was about. Remember the weapons of mass destruction and how many young lives have been cut off because of him? (And, keep in mind, this sealed memo was brought up in the 2004 Congressional Hearings about the corruption within the DOJ in Boston).

    Justice served? Separate Bulger from the reality of how this case and trial unfolded. If it was Joe Smith, would we think justice was served? I’m afraid we’re missing the bigger picture: The DOJ has unbridled power and is corrupt to the core. If they can do this to Bulger; they can do it to any one of us, and probably will. Was justice served? Somehow I don’t believe our Founding Fathers would think so!

    Matt, let’s get together and discuss MK Ultra. How might that have played a part in all of this? Has anyone read the 1973 Congressional Hearing on that? Scary, scary stuff. How might Bulger’s story have been affected by that? I think it’s worth investigating, but then again — the CIA conveniently destroyed all the records. All we have to give us a glimpse into this ‘house of horrors’ is this 1973 Congressional Hearing. I suggest everyone get a copy and read it, before it too is destroyed.

    1. Janet:

      It really never mattered in the Whitey matter whether he was given a fair trial or not. He had been convicted many years before he was convicted by the jury by the same Court of Appeals that just turned down his appeal. Over the years one appeal after another came up before them where Whitey was portrayed as a great criminal and for them to now find that the errors at his trial demanded he should have another trial was just too much for the judges. They wanted to end it and that is what they did.

      Wyshak’s continuing speaking objections were given a pass; the failure to disclose the true deals that Martorano got which should have been done was also ignored. As I wrote the judges can write these wonderful sentences about the need for perjured testimony to be kept out of the trial and then turn around and say when it comes in that it doesn’t matter in this case but will in others.

      I know nothing about MK Ultra. I’ll have to learn something about it. But what good does it do since as you say: “The DOJ has unbridled power and is corrupt to the core. If they can do this to Bulger; they can do it to any one of us, and probably will.” You have to keep in mind that the FBI likewise is unaccountable to anyone. It is because people are beginning to grasp these things that their liberties are hanging by a string and that the Appeals courts are pretty much a white wash — the result of too many life time appointments by people who are far removed from the ordinary Jill and Jack — that we are seeing the strange primary season that is unfolding.

      I’m on the road into May. Have to get to DC to do some looking into the life and times of J. Edgar – a fascinating man living in a fascinating time in America. Keep in touch and perhaps I’ll do some reading on MK Ultra and we can talk in May.

      1. Matt
        The actual Congressional Hearing was 1977, not 1973. You can get a copy on Amazon, or I’d be happy to lend you mine. Google Church Committee as well.

        The FBI is part of the DOJ. I don’t separate them. The entire DOJ needs to be dismantled and reconstructed with serious supervision.

        J. Edgar? More darkness? Make sure to enjoy the sunlight while doing your research.

  18. Rather,

    I would like very much to read Jimmy’s ” Lost Manuscript.” …. Confiscated in Santa Monica … You have referred to it a couple of times … conspicuous by its absence in … Discovery . Shocking 🙂

  19. Rather,

    Just ordered WE ONLY KILL EACH OTHER off Amazon … Bugsy Siegel as told to Dean Jennings … He had striking blue eyes, one of which was found on the carpet in Beverly Hills manse where someone … probably Mickey Cohen …blasted him with seven shots from a rifle LAPD found left lying next to garden pergola they figured it rested on from twenty feet away outside living room window. Ben Siegel was considered to have killed upward of thirty so I reckon he did murder at least ten men.

    Appeal of a case gory with the mendacious encrustations of psycho pervs like Steve Flemmi is a deal so leveraged by the Government that only one outcome was possible or really expected. What is not ” closed” is a public curiosity and native instinct for not being collectively gulled. James J. Bulger was and is a Professional. The rest must remain for the Confessional . Amen 🙂

  20. I was always struck but the apparent confusion of many mixing up Jimmy’s legal maneuvering in court to get some or all of the charges dismissed from the likelihood that outside of the legal process he will simply tell his story. First amendment still being in existence. i suspect he or his attorney will now simply tell his story to the public recognizing he will never leave jail. He has the need to save his live Cathy if he can. A fitting way to close his remarkable tale.

      1. I agree. He’s an old man and not long for the esrth. It suspect it would make a real Irish twist of a tale of it all though if HE told his story. There is something incredibly James Joyce about a man seemingly defeated and crushed but saving his one true love in the end. He could also help so many others move forward. The truth of it will of course eventually come out … Its just to big a story. It’s just a better ending if he decides saves Cathy. Erin Go Brah.

        1. Jim:

          No one can save Cathy – the jackals are determined to tear hear apart. Whitey can give them nothing to help her. I hear he might be going to do a story through a N.Y. publisher but that’s just rumor. I thought he’d use his niece to put out his story but that never happened. Perhaps the truth is already out and Whitey has nothing to add to it.

          1. Perhaps… But if there’s no “rest of the story” why the court gag. I for one want to know more about the Boston US Attorney office in the early 80’s. In any case so long as Jimmy lives it’s his story and his play. He earned that. Once he passes on other stories rise in importance. It’s not over.

      2. Matt,
        Switching hats for a moment…………..as a defense attorney…
        What would your strategy have been?
        Put him on the stand?
        Attack the trio, Morris, Connolly?

        I read an article with Tony Cardinale saying he would have won with the MK Ultra defense.

        ” Former CIA Director, Richard Helms, explained shredding of MK-ULTRA data to a Senate Investigative Committee by testifying, “What occurred in the MK-ULTRA program was so horrendous, so unbelievable, the American public simply was not ready for the truth?”

        After following the entire trial, being a member here since the beginning, and now reading his appeal and the gist of his appeal arguments…………………
        it seems like he really had no defense at all…just vague statements………as stated in the opinion Whitey took a calculated risk with the issue of the supposed agreement hoping to get it in front of the jury….and lost.

        1. Rather:

          Defense lawyers have to follow the wishes of their clients. Here they did the best they could given the instructions they were given. I am sure they knew they needed to file affidavits or give testimony to make some of their claims but Whitey must have not let them do it. I have difficulty criticizing the lawyers or coming up with another strategy because I know Whitey was calling the shots. Same thing with the Connolly case, he was letting Tracy Miner only do so much.

          The problem with Whitey’s case is that it was based on delusion. He was giving information to Connolly but he said he was not an informant which does not come out in the wash. He might have been giving him a lot of junk and Connolly filed it as the truth but much of that we do not know. Whitey never had a chance from the beginning – I recall after the first couple of witnesses with the photographs of him being with the Mafia and other gangsters and the many guns sitting on the table there was not way he could out of those charges.

          Tony Cardinale thinks he would have won every case so I’m not surprised he thought that about MK Ultra.

          Your conclusion is right. He had no defense. His drug dealers and bookies testified against him. Three guys put him into most of the murders. There was money laundering etc. Lots of smoke and mirrors but no substance. The deal with O’Sullivan was fabricated because he knew that the Appeals court had told Benji that the FBI could not make a deal for him but the U.S. attorney could have done so. Whitey did not want to tell the truth that he relied on Connolly because it would not have helped him so he came up with O’Sullivan who was dead.

          1. Matt,

            You just said……”the Appeals court told Benji that the FBI could not make a deal for him but the U.S. Attorney could have done so.”

            Is this the same Appeals court that issued yesterdays opinion?

            Wasn’t that O’Sullivan they were referring to??

            Didn’t the man behind the curtain (DM) just say in the opinion that even if O’Sullivan did make an agreement with Whitey that he would have been out of his authority to do so…?

            This clearly contradicts your statement.

  21. You are gracious in victory. This is a very temperate assessment. And yet … Justice is serving up, not being served. And it’s a thin gruel. But it beats starvation. What a colossal tragedy it has been. What an inevitable denouement. The ” Fix ” is in. Long live the King 🙂

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