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The Wrong Number BBS * ParaNet<special>sm</special> Pi * (201) 451-3063 24 hrs. 14.4 HST
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FILE NAME: INS-RICH.TXT
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SOFTWARE TO DIE FOR
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<ent type='ORG'>Inslaw</ent> Lawyer <ent type='PERSON'>Elliot Richardson</ent> Talks About Murder and the <ent type='ORG'>CIA</ent>
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by
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<ent type='PERSON'>James Ridgeway</ent>
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[from "MOVING TARGET" in the September 24, 1991
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issue of the "Village Voice:"]
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<ent type='GPE'>WASHINGTON</ent>--"It is far worse than <ent type='EVENT'>Watergate</ent>," says Elliot
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<ent type='PERSON'>Richardson</ent>, the former attorney general who stood up to President
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<ent type='PERSON'>Richard Nixon</ent> during that <ent type='NORP'>Republican</ent> scandal. "For Christ's sake,
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this October Surprise business we are talking about is [built from]
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truly horrible things ... I don't know whether it's true or not.
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[But] there are a number of elements in the situation that are hard
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to account for."
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Convinced that freelance journalist <ent type='PERSON'>Danny Casolaro</ent>, who claimed
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to have uncovered a sprawling conspiracy linking the October
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Surprise and the <ent type='GPE'>Iran</ent>-contra scandal to a contract dispute between
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the Justice Department and a software company named <ent type='ORG'>Inslaw</ent>, was
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murdered in a <ent type='GPE'>West Virginia</ent> hotel last month, <ent type='PERSON'>Richardson</ent> has asked
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the Justice Department to open a federal investigation into his
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death. But even though <ent type='PERSON'>Richardson</ent>, who is Inslaw's attorney, has
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made both informal and direct personal pleas to acting attorney
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general <ent type='PERSON'>William</ent> P. Barr for a full investigation, he has so far
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received no reply.
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And that's not the first time that <ent type='PERSON'>Richardson</ent> has been ignored by
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the Justice Department. <ent type='PERSON'>Richardson</ent> wrote former attorney general
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<ent type='PERSON'>Dick Thornberg</ent> in 1989 seeking an independent counsel in the <ent type='ORG'>Inslaw</ent>
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case; <ent type='PERSON'>Thornberg</ent> never replied.
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"I have never understood why ... I mean, I was attorney
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general when <ent type='PERSON'>Thornberg</ent> was a U.S. attorney. I appointed him
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chairman of a committee of U.S. attorneys, newly formed for the
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first time. I am a responsible former public official. I am not a
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wild-eyed nut."
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So why didn't <ent type='PERSON'>Thornberg</ent> respond to Richardson's letter?
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"You tell me. I would have responded to a responsible lawyer
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whether I ever met him or not." When asked if he thought the lack
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of a reply was insulting, <ent type='PERSON'>Richardson</ent> said, "Certainly. Let's say
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it's not easily explained, OK?
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"The key thing about the death of <ent type='PERSON'>Casolaro</ent>," <ent type='PERSON'>Richardson</ent>
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continues, is that "although others were seeking to delineate . . .
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the 'octopus' [Casolaro's term for the wide-ranging conspiracy], he
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was the only one who told people who have no reason to misrepresent
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what he said that he had hard evidence, and was on the point of
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getting conclusive evidence. No one else made that claim. ... He
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told four people, one at a time. The idea that he committed suicide
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with a razor blade under these circumstances seems highly
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implausible."
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The investigation of Casolaro's death is still in the hands of
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the <ent type='GPE'>West Virginia</ent> authorities, who ruled it a likely suicide August
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14. But it is already apparent that there is more than meets the
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eye to both the freelancer's "suicide" and the <ent type='ORG'>Inslaw</ent> case--and that
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sealing a 10-year-old cover-up isn't necessarily the only
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conceivable motive.
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"This is a case in which any one of a number of potential
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defendants would have every reason to commit murder," says
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<ent type='PERSON'>Richardson</ent>, "and in which the litigants have every reason to fear
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for their lives."
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THE ORIGINS of the dispute over <ent type='ORG'>Inslaw</ent>, at least, are clearly
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understood. A former analyst with <ent type='ORG'>the National Security Agency</ent> and
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onetime contract employee of the <ent type='ORG'>CIA</ent> (where he prepared analyses of
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the foreign press), <ent type='PERSON'>Bill Hamilton</ent> founded <ent type='ORG'>Inslaw</ent> in the early 1970s
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with his wife, <ent type='PERSON'>Nancy</ent>. <ent type='ORG'>Inslaw</ent> was initially begun with grants from
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the Justice Department's Law Enforcement Assistance Administration;
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when <ent type='ORG'>Congress</ent> killed <ent type='ORG'>LEAA</ent> in 1980, the <ent type='PERSON'>Hamiltons</ent> transformed <ent type='ORG'>Inslaw</ent>
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into a for-profit firm and continued to do business with Justice on
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a contract basis. Today, they are business partners with <ent type='ORG'>IBM</ent>.
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By that time they had developed a software package called Promis
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that enabled law enforcement agencies to-keep up-to-the-minute tabs
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on cases as they wound their way through the courts. It was
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designed for district attorneys in large cities, and had been
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installed on a pilot basis in two large U.S. attorneys' offices.
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With Promis, a U.S. attorney could sit before a computer screen and
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quickly find where any particular case stood, locate defendants and
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witnesses, track every motion, and even follow an ongoing
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investigation from its history down to the detective's most recent
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report. As computers became smaller, increasing efficiency and
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speed, the <ent type='PERSON'>Hamiltons</ent> modified Promis, adding new functions and
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making it speedier and more flexible.
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In 1982, <ent type='ORG'>Inslaw</ent> signed a $10 million contract to install Promis
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in U.S. attorney offices across the country. At first Justice
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balked at paying fees for what it argued was public domain software
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that had been developed under <ent type='ORG'>LEAA</ent> grants, but on advice of its own
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counsel, the department ultimately agreed to pay for the
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proprietary, enhanced version of Promis--whenever it was used.
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Despite this agreement, the Justice Department's contracting
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officer steadfastly refused to pay <ent type='ORG'>Inslaw</ent> for the use of Promis, and
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by 1985 it had withheld nearly $2 million from the <ent type='PERSON'>Hamiltons</ent>. At
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that point <ent type='ORG'>Inslaw</ent> sought refuge in Chapter 11 bankruptcy and
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proceeded to sue Justice. In January 1988 <ent type='ORG'>the Bankruptcy Court</ent>
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awarded <ent type='ORG'>Inslaw</ent> $6.8 million in damages plus counsel fees. Justice
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appealed that ruling, but in November 1989 the federal district
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court for <ent type='ORG'>the District</ent> of <ent type='GPE'>Columbia</ent> upheld <ent type='ORG'>the Bankruptcy Court</ent>'s
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findings. Nevertheless, last spring the U.S. Court of <ent type='ORG'>Appeals</ent> ruled
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that the case had been tried in the wrong courts for the past
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several years, and must be retried; <ent type='ORG'>Inslaw</ent> is appealing to the
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Supreme Court, and if that fails, the <ent type='PERSON'>Hamiltons</ent> will file a new,
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expanded suit.
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While on this level the <ent type='ORG'>Inslaw</ent> affair appears to be a fairly
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typical contract dispute, in fact the case has been marked from the
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beginning with extraordinary behind-the-scenes politicking to wrest
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control of Promis from <ent type='ORG'>Inslaw</ent>. First, the Justice Department
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refused to recognize <ent type='ORG'>Inslaw</ent> as the rightful owner of the software it
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had developed; then the chair of <ent type='ORG'>Hadron Inc</ent>., a software outfit
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controlled by a friend of then-attorney general <ent type='PERSON'>Edwin Meese</ent>, tried
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to buy the program from <ent type='ORG'>Inslaw</ent>. When <ent type='PERSON'>Hamilton</ent> refused, Hadron's
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chair told him, "We have ways of making you sell."
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Next, a venture capital firm, citing high-level Reagan
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administration connections, tried to inveigle the <ent type='PERSON'>Hamiltons</ent> into
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signing over their voting rights on <ent type='ORG'>Inslaw</ent> stock. When the Justice
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Department's refusal to pay fees forced the company into Chapter 11,
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Justice officials didn't let up. They tried to force <ent type='ORG'>Inslaw</ent> into a
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Chapter 7 liquidation, which would have finished off the company
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completely. And when that didn't work, Justice officials encouraged
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a <ent type='GPE'>Pennsylvania</ent> computer company to launch its own hostile takeover
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bid.
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Why such a fuss over computer software? In its court filings
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<ent type='ORG'>Inslaw</ent> alleges it is a victim of a conspiracy by <ent type='PERSON'>Meese</ent> and his
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friends, who stole Promis to make money. Chief among Meese's
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cronies in the affair was <ent type='PERSON'>Earl Brian</ent>, currently chair of embattled
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Infotech, Inc., which has large holdings in the bankrupt Financial
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News Network and <ent type='ORG'>United Press International</ent>--not to mention <ent type='ORG'>Hadron</ent>,
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the company that tried to buy Promis from <ent type='ORG'>Inslaw</ent>.
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A combat surgeon in <ent type='GPE'>Vietnam</ent>, <ent type='PERSON'>Brian</ent> was appointed secretary of
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California's Department of Health and Welfare in 1970 by then-governor Ronald Reagan. When Reagan moved to <ent type='ORG'>the White House</ent>--with
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<ent type='PERSON'>Meese</ent> as his counsel--<ent type='PERSON'>Brian</ent> served as the unpaid chair of a task
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force on health care cost reduction; <ent type='PERSON'>Brian</ent> also served along with
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<ent type='PERSON'>Meese</ent> as a member of a "pro-competition" committee in the White
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House. <ent type='PERSON'>Edwin Thomas</ent>, another longtime <ent type='PERSON'>Meese</ent> associate who had
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worked for <ent type='PERSON'>Meese</ent> at <ent type='ORG'>the University</ent> of San Diego Law School and a
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member of Reagan's <ent type='GPE'>California</ent> cabinet, joined them on the Reagan
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transition team in 1980. The relationships between these three
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<ent type='GPE'>California</ent>ns first created a stir when <ent type='PERSON'>Meese</ent> went before the Senate
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to be confirmed as attorney general in 1984.
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An investigation by an independent counsel revealed a suspicious
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series of events. Early in 1981, <ent type='PERSON'>Thomas</ent> lent Mrs. Ursula <ent type='PERSON'>Meese</ent>
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$15000; at the time, <ent type='PERSON'>Thomas</ent> was working directly for <ent type='PERSON'>Meese</ent> as
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assistant counsel to the president. Before he made the loan, <ent type='PERSON'>Thomas</ent>
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discussed Brian's Infotech (then operating under the name of <ent type='ORG'>Biotech</ent>
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Capital Corp.) with Mrs. <ent type='PERSON'>Meese</ent>, and despite the fact that the
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<ent type='PERSON'>Meese</ent>s were hard up for cash, she promptly took the money <ent type='PERSON'>Thomas</ent> had
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loaned her and bought <ent type='ORG'>Biotech</ent> shares for her two children. <ent type='PERSON'>Meese</ent>,
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who knew about the loan, did not report it on his financial
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disclosure forms.
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Then, in July 1981, <ent type='PERSON'>Brian</ent> loaned <ent type='PERSON'>Thomas</ent> $100000. In addition,
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<ent type='PERSON'>Thomas</ent> made calls to <ent type='ORG'>the Small Business Administration</ent> on behalf of
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a loan application from a <ent type='ORG'>Biotech</ent> subsidiary; the <ent type='ORG'>SBA</ent> eventually
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granted the loan. No wrongdoing was ever adjudged in any of this.
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In its court briefs, <ent type='ORG'>Inslaw</ent> cites the assertions of various
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Justice officials connecting <ent type='PERSON'>Meese</ent>, <ent type='PERSON'>Brian</ent>, and <ent type='ORG'>Hadron</ent>, Inc., with
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the harassment of the <ent type='PERSON'>Hamiltons</ent>' company. One whistleblower even
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called a senator to warn that, once <ent type='PERSON'>Meese</ent> was made attorney general,
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he would award a friend with a "massive sweetheart contract" to
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install Promis in every litigation office of the Justice Department.
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After <ent type='PERSON'>Meese</ent> was named AG, the chief investigator of the Senate
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Judiciary Committee, Ronald LeGrand, called <ent type='PERSON'>Hamilton</ent> to pass on a
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warning. He said that an unnamed senior official at Justice--whom
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LeGrand had known for years and trusted--had told LeGrand that the
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<ent type='ORG'>Inslaw</ent> case was "a lot dirtier for <ent type='ORG'>the Department</ent> of Justice than
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<ent type='EVENT'>Watergate</ent> was, both in its breadth and its depth."
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Up to this point, the <ent type='ORG'>Inslaw</ent> case still appears to be little more
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than a contract dispute with overtones of political corruption. But
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it doesn't stop there. As it turns out, there is considerable
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reason to suspect that while Promis may have been meant as a plum
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for one of Meese's cronies, it may also have played a role in an
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international espionage operation conducted by the <ent type='ORG'>CIA</ent>. And that's
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where the case really begins to get interesting.
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ACCORDING TO THE HAMILTONS, a high government official, nearly
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speechless in his disgust, dropped by to tell them he had discovered
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that the theft of Promis had actually begun with the military. The
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<ent type='NORP'>British</ent> and U.S. navies needed a software program to conduct their
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zone defense against <ent type='NORP'>Soviet</ent> submarines in the <ent type='PERSON'>North</ent> Atlantic,
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according to their informant. All <ent type='NORP'>Soviet</ent> subs leave from the same
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base near the <ent type='LOC'>Arctic</ent> circle, where they are easily detected, and
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have to run a gauntlet of listening devices in the deep waters
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between <ent type='GPE'>Iceland</ent> and <ent type='GPE'>Ireland</ent> before they break out into the open
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ocean. With the help of painstakingly accurate maps of the
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seafloor, the <ent type='NORP'>Russians</ent> have long been able to run through the
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intricate twists and turns of the deep marine trenches near <ent type='GPE'>Iceland</ent>
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at such speeds that they are usually able to lose their trackers.
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<ent type='NORP'>American</ent> and <ent type='NORP'>British</ent> subs needed a computer program that would allow
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them to follow every move of a <ent type='NORP'>Soviet</ent> sub and project its course and
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position; they tried everything available, but no software could
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follow all the variables quickly enough. Out of curiosity, they ran
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a test with Promis--and it worked. So they simply appropriated the
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program.
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That, according to the <ent type='PERSON'>Hamiltons</ent>' source, is how the theft got
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started. But there is actually much more evidence to support
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another theory of how and why the government started playing games
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with Promis.
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Several different former intelligence agents have told the
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<ent type='PERSON'>Hamiltons</ent> about various foreign countries that suddenly started
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using versions of Promis in the mid-1980s, ranging from <ent type='GPE'>Iraq</ent> to
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<ent type='GPE'>South Korea</ent>. These governments could use the program not only to
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track criminals but for complex covert operations and to identify
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"undesirables"--like revolutionaries. They suggest that the <ent type='ORG'>CIA</ent>
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obtained copies of the Promis software from the Justice Department
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and sold it to various police and intelligence agencies overseas;
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once installed, Promis actually became a high-tech bug, storing
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secrets of the unsuspecting host government, including intimate
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details of its internal police operations and intelligence service.
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<ent type='NORP'>American</ent> agencies could then penetrate and read the software.
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"It was highly adaptable to tracking information of the kind that
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intelligence agencies like to track," <ent type='PERSON'>Richardson</ent> says, "and the <ent type='ORG'>CIA</ent>
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adapted it to that purpose. Then, relying on <ent type='PERSON'>Earl Brian</ent>, [they]
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started peddling it to foreign intelligence agencies."
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The <ent type='PERSON'>Hamiltons</ent> got the barest inkling of the intelligence
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implications for the first time last year. On November 5 their
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daughter <ent type='PERSON'>Patty</ent>, who is a regional sales manager for <ent type='ORG'>Inslaw</ent>, got a
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call from <ent type='ORG'>the Department</ent> of Communications in the Canadian federal
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government. They told her that Promis was widely used in <ent type='GPE'>Canada</ent>--it
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had been installed in 900 different locations--and he wondered
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whether she would help fill out a questionnaire about using the
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software in both English and <ent type='NORP'>French</ent>.
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This was all news to <ent type='PERSON'>Patty</ent>, since <ent type='ORG'>Inslaw</ent> had never sold Promis to
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anyone in <ent type='GPE'>Canada</ent>. Playing dumb, the <ent type='PERSON'>Hamiltons</ent> filled out the
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questionnaire. Then, on a business trip to <ent type='GPE'>Montreal</ent> in January,
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<ent type='PERSON'>Patty</ent> dropped in on <ent type='ORG'>the Department</ent> of Communications for a chat.
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She asked the officials about the questionnaire and where Promis was
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being used. The Canadians checked their codes and told her it was
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on line with <ent type='ORG'>the Royal</ent> Canadian Mounted Police and with an agency
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they did not know.
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Then <ent type='PERSON'>Patty</ent> made an unannounced visit to the responsible official
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at Mountie HQ, who promptly denied all knowledge of Promis, and
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dismissed <ent type='ORG'>the Department</ent> of Communications as a bunch of "kooks."
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When <ent type='PERSON'>Patty</ent> returned to <ent type='GPE'>Washington</ent>, <ent type='PERSON'>Bill Hamilton</ent> tried to, find out
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where the Canadians had gotten Promis, but suddenly everything had
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changed: <ent type='ORG'>The Department</ent> of Communications begged forgiveness for
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their error, saying it wasn't the <ent type='LOC'>Mounties</ent> at all but the
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international development office that was using Promis. When
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<ent type='PERSON'>Hamilton</ent> told them the software had never been sold to anybody in
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<ent type='GPE'>Canada</ent>, they backtracked, apologized once again, and said that, in
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fact, no one was using it.
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That's when Michael J. Riconosciuto, a researcher and self-described arms expert, came forward. Riconosciuto had first called
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<ent type='ORG'>Inslaw</ent> out of the blue in the spring of 1990, and he has continued
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to do so from pay phones around the West. He claimed to have worked
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as research director for a joint venture between the <ent type='ORG'>Wackenhut</ent>
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Corporation, the big security outfit, and the <ent type='ORG'>Cabazon</ent> <ent type='NORP'>Indians</ent>, who
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have a reservation at Indio, <ent type='GPE'>California</ent>. The joint venture
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supposedly manufactured military material, such things as night-vision goggles, machine guns, fuel air explosives, and biological
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and chemical weapons for foreign governments, including those in the
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Middle East and <ent type='LOC'>Central America</ent>, and for covert operations of one
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sort or another. The contras were to be a prime market. The
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<ent type='ORG'>Cabazon</ent> tribe enjoyed quasi-sovereign status, allowing the arms
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manufacturers to operate outside stringent restrictions on the
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manufacture of armaments in the rest of <ent type='GPE'>the United</ent> States. As an
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added sweetener, the <ent type='NORP'>Indians</ent> could take advantage of minority set-aside contracts.
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Riconosciuto claims, in an affidavit given to <ent type='ORG'>Inslaw</ent>, to have
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made modifications on Promis software provided him by <ent type='PERSON'>Earl Brian</ent> for
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both the Canadian <ent type='LOC'>Mounties</ent> and the Canadian Security and
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Intelligence Service. <ent type='PERSON'>Brian</ent>, he says, was the man who had sold the
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software to the Canadians. Riconosciuto is currently in prison in
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<ent type='GPE'>Washington</ent> state awaiting trial on drug charges, and his statement
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would be of dubious value--except that many of the details do check
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out independently. For one thing, <ent type='ORG'>the San Francisco Chronicle</ent> ran a
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series of articles on the <ent type='ORG'>Cabazon</ent> <ent type='NORP'>Indians</ent> last week that seemed to
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bear out the claims about weapons manufacturing on the reservation.
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BY THIS <ent type='ORG'>TIME</ent> the <ent type='PERSON'>Hamiltons</ent> were pretty sure Promis had been pirated
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abroad, and they began to hear stories of Promis cropping up in all
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sorts of foreign countries. Ari Ben-Menashe, a former <ent type='NORP'>Israeli</ent>
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intelligence asset, provided an affidavit that says that in December
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1982 <ent type='PERSON'>Rafael Eitan</ent>, the <ent type='NORP'>Israeli</ent> government's counterterrorism
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adviser, told him he had obtained Promis from <ent type='PERSON'>Earl Brian</ent> and Robert
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McFarlane, then Reagan's national security adviser. In 1987 Ben-Menashe said he was at a meeting in <ent type='GPE'>Israel</ent> where <ent type='PERSON'>Brian</ent> said he owned
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Promis. Ben-Menashe said he had been assigned to stop a sale of
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chemical weapons by <ent type='NORP'>Chilean</ent> arms dealer <ent type='PERSON'>Carlos Cardoen</ent> to <ent type='GPE'>Iraq</ent>.
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"Mr. <ent type='PERSON'>Carlos Cardoen</ent> ... stated to me that he brokered a deal
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between Dr. <ent type='PERSON'>Brian</ent> and a representative of <ent type='GPE'>Iraq</ent>i ... military
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intelligence for the use of Promis," he recalled.
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Richard Babayan, an <ent type='GPE'>Iran</ent>ian arms dealer, said in an affidavit
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that during 1987 he met a member of <ent type='GPE'>Iraq</ent>i intelligence who told him
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<ent type='GPE'>Iraq</ent> had acquired Promis from <ent type='PERSON'>Brian</ent> on the recommendation of the
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<ent type='NORP'>Libyan</ent> government. He went on to say he was told by an official of
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<ent type='ORG'>the Korea Development Corporation</ent>, which he said was a front for the
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<ent type='NORP'>Korean</ent> <ent type='ORG'>CIA</ent> that <ent type='PERSON'>Brian</ent> had sold Promis to the <ent type='NORP'>Korean</ent>s as well.
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The <ent type='PERSON'>Hamiltons</ent> also continue to get tips about Promis popping up
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all over <ent type='GPE'>the United</ent> States. Although it formally denies using the
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program, high Justice Department officials have told the <ent type='PERSON'>Hamiltons</ent>
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that <ent type='ORG'>FBI</ent> officials had admitted the software in their field offices
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is a renamed version of Promis.
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The possibility of Promis being employed as an espionage tool is
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given further credence by the curiously disinterested attitude of
|
|
government in getting to the bottom of the <ent type='ORG'>Inslaw</ent> mess. <ent type='ORG'>Inslaw</ent>
|
|
itself has been unable to obtain subpoena power from the courts
|
|
except for a brief period last spring, but those subpoenas were
|
|
frustrated when the <ent type='ORG'>Appeals</ent> court threw out the case just as the
|
|
deadline for Justice to turn over the documents approached. Senator
|
|
<ent type='PERSON'>Sam Nunn</ent>'s Senate Permanent Investigations subcommittee conducted an
|
|
investigation, but received little cooperation from Justice.
|
|
<ent type='GPE'>Texas</ent> congressman <ent type='PERSON'>Jack Brooks</ent>'s judiciary committee has been
|
|
looking into the affair for the last two years, but only issued
|
|
subpoenas last July. <ent type='ORG'>Brooks</ent> is believed to have interviewed <ent type='PERSON'>Meese</ent>
|
|
and his friends. According to the <ent type='PERSON'>Hamiltons</ent>, the files of the
|
|
Justice Department's chief litigating attorney on the case have
|
|
disappeared.
|
|
|
|
UNLIKE THE MURKY October Surprise scandal or the compromised
|
|
congressional investigations into <ent type='GPE'>Iran</ent>-contra, the facts in the
|
|
<ent type='ORG'>Inslaw</ent> case are clear. <ent type='ORG'>Emerging</ent> from a low-level bankruptcy court,
|
|
they paint a virtually indisputable case of corporate theft,
|
|
political corruption, and the very real possibility of international
|
|
espionage. The issue goes straight to <ent type='ORG'>the White House</ent> and involves
|
|
officials at the highest levels of the Justice Department in what
|
|
appears to be a deliberate campaign of intimidation, theft, and
|
|
corruption. By now, that ought to have led to a serious
|
|
congressional investigation.
|
|
Unlike <ent type='GPE'>Iran</ent>-contra, no one in this case has pleaded national
|
|
security as a defense, though that's likely before it's over. But
|
|
in a sense, it is already too late for that. The facts are too
|
|
well-delineated. If the opinions of two judges are correct, this
|
|
case ought to result in criminal indictments of past and present
|
|
Justice officials.
|
|
As <ent type='PERSON'>Elliot Richardson</ent> says, "Why in the world would this one group
|
|
of informers ever have come together and cooked up all this stuff?
|
|
How did they keep it consistent from day to day among themselves as
|
|
to who told what to whom? There is a hell of a load of stuff
|
|
they've told to various people, including staffers, journalists, the
|
|
<ent type='PERSON'>Hamiltons</ent>, me. The picture they paint is relatively coherent and
|
|
consistent ... and then you add the stonewalling by <ent type='ORG'>the Department</ent>
|
|
of Justice. I have never understood why."
|
|
|
|
--
|
|
daveus rattus
|
|
|
|
yer friendly neighborhood ratman
|
|
|
|
KOYAANISQATSI
|
|
|
|
ko.yan.nis.qatsi (from <ent type='EVENT'>the Hopi Language</ent>) n. 1. crazy life. 2. life
|
|
in turmoil. 3. life out of balance. 4. life disintegrating.
|
|
5. a state of life that calls for another way of living.
|
|
|
|
</p></xml> |