Undercover

The Book of the Week is “Undercover, The Secret Lives of a Federal Agent” by Donald Goddard, published in 1988. This was the biography of a New York City undercover drug agent allegedly named Michael Levine.

Born in December 1939 in the Bronx (in New York City) among blacks and Latinos, Levine’s childhood was fraught with fighting and underage drinking. At eighteen years old, he applied to join the Air Force but pursuant to his aptitude test results, was assigned to the Air Police. He, helped only by a German shepherd, ended up guarding American nuclear weaponry in a rural area near the Canadian border. He enjoyed the work, but after a year, got into a fight sparked by racial tension.

In the next several years, he found that intelligence work was his calling. That was the way to put his acting talent and street-Spanish language skills to use for good, to combat evil. He did time at the IRS Intelligence Division, and then the Alcohol, Tobacco and Firearms (ATF) agency, part of the Treasury Department of the federal government.

Sometimes as many as four other government entities (FBI, CIA, IRS, NYPD) were supposed to cooperate to surveil a mafia don in the neighborhood of Little Italy in Manhattan (New York City). The undercover work became a joke because the don knew he was being tailed, and the don’s driver told the spies where he would be going. Working morning, noon and night, Levine frequently got his man, arresting all walks of life of the criminal underworld– possessors of unlicensed guns, drugs, stolen driver’s licenses and credit cards– taking on five or six cases at a time.

From the ATF, Levine was promoted to customs inspector, under the auspices of the State Department, where he got more power than ever. He was able to execute searches without a warrant, and operate internationally. In 1973, he survived the consolidation of entities of law enforcement of cocaine, heroin, hash, marijuana, etc.– into one Drug Enforcement Administration.

Levine’s favorite place to work was on the street. He wasn’t meant to be a paper-pushing bureaucrat in an office. One kind of case he worked might involve a “buy-bust” on the Lower East Side (of Manhattan) in which the informer was an “orange-haired Cuban bisexual who lived with the female Jewish butcher” that resulted in the arrest of three Mexicans who possessed a full kilo of heroin.

Levine acquired more than two decades of experience masquerading as an insider in the New York City drug scene. He witnessed all aspects of it, handling thousands of cases, working harder, and more hours than most other law enforcement personnel. He testified in court as an expert witness countless times. Therefore, he felt he knew the least bad solution to the ever-increasing societal problems stemming from the abuse of drugs.

Levine said the drug users were the problem– they were the ones generating demand for the product. If they disappeared, so would the problems because the sellers would go out of business. He pointed out that the “… dealers weigh the risks against the money they make. They don’t respond to fear of the law.” The users would.

Levine recommended that there be strong deterrents: hard prison time for illegal-drug possession and illegal-drug intoxication of the slightest amounts.

At first glance, that recommendation seems logical. Of course, Levine’s career would get a gigantic boost in the event of such a trend. For, Levine described his undercover work thusly: “We’re paid to lock people up, that’s all. What happens to ’em after that has got nothing to do with us. It’s up to them, their attorneys, our attorneys, public opinion, politics, the media… Juries convict people, not agents… But that’s not to say you won’t face real dilemmas about guilt and justice.”

HOWEVER, considering the consequences, one begins to think, “Oh, that’ll end well.” Harsher punishments would create as many problems as they would solve. The trouble was that many of the users were also dealers. So if the users/dealers were the sole source of income for their families, and the users got locked up for a long time, what happened to their families?

The jails would become overcrowded, and there would have to be a massive hiring effort to build more prisons, and catch, process, judge, guard and legally represent the additional soon-to-be prisoners, not to mention the legal can of worms that drug-testing would open up.

Not only that, such a major change in the legal system would highlight the two-tier justice system in this country. Poor people of all ethnicities possessing drugs would be imprisoned. As always, the troubles of those people (most of whom began their lives in unlucky situations) would be compounded. Just ask any public defender– whose caseload would increase, but his or her budget wouldn’t.

This, while the rich people (such as those in the Hamptons– the summer-vacation region on Long Island in New York State), would skate. Those inheritors of wealth and privilege could afford to hire high-priced attorneys. They would squelch the bad publicity that would result from their indiscretions by paying people to shut up and go away with non-disclosure agreements. Their families might have been just as dysfunctional as those of the poor, but the public would never hear about any of that.

As is well known, addicts hurt themselves and their families, but are usually not a danger to society at large, unless they get behind the wheel of a car, or operate heavy machinery. Or get into a gunfight over a drug deal gone bad. However, as an aside– there ought to be NO inherent unfairness in imposing very harsh penalties on possessors of firearms that were acquired ILLEGALLY. Applying the “broken windows theory” of crime to such possessors would likely prevent countless violent crimes.

For, the kinds of people who get hold of guns when they shouldn’t, are the kinds who use them in not-so-nice ways. So it would seem that they would be much more dangerous to society at large, than addicts.

In recent decades, there has been a media trend to report on human interest stories of mass-shooting victims so as to not glorify the shooters. But the news cycle on them ends, and celebrity non-stories, hysterically reported, grab the headlines again.

There’s no follow-up– NO reporting of punishment, if any, for the shooters subsequent to their pleas or trials, if they weren’t killed at the scene of the crime. Perhaps if the media showed (with harsher, new laws) the serious punishments resulting from the shooters’ actions again and again, there would be less tolerance in society for illegal firearms. This might be a start.

Anyway, read the book to learn the details of Levine’s life.

A Lawyer’s Life – BONUS POST

The Book of the Week is “A Lawyer’s Life” by Johnnie Cochran With David Fisher, published in 2002. This is obviously the autobiography of Johnnie Cochran, of O.J. Simpson defense-attorney fame.

Born in 1938, he grew up in Shreveport, Louisiana and Los Angeles, California. Cochran never saw a piece of legal business he didn’t like. He was passionate about the law, handling or assisting with, cases of various practice areas. He conveniently forgot to mention that he wasn’t licensed to practice law in New York State or other states, so he glozed over that by saying he preferred to work with a legal team. He described a number of non-California litigation cases where he was asked to join the team– slap his sensational name on a case– merely for publicity purposes, to scare the opposition. He explicitly stated, “…the one thing I bring to every case in which I get involved is the media.”

When he started practicing law in the 1960’s, the system was rife with discrimination against poor people, who happened to not have light-colored skin. He wrote of those days (sarcastically), “Apparently, the police have an amazing ability to arrest only guilty people, they never make a mistake.”

Cochran was extremely busy after the Watts Riots in California in the mid-1960’s, and again after the South Central Los Angeles riots in the spring of 1992.

For three years, starting in 1997, Cochran was host or co-host of a show on Court TV out of New York that discussed legal issues. Some of the time, he read from a TelePrompTer like everyone else. Concurrent with that, he was helping to represent black plaintiffs who were victims of racial incidents in the city.

The then-mayor Rudy Giuliani tried to sweep police-brutality complaints under the rug. However, the Abner Louima case was too egregious to ignore, so he appointed a committee to research police brutality. A year later when its report was issued, he made excuses as to why no recommendations could be implemented. “Rudy Giuliani stayed as far away as possible from this case.” Further, “Most members of New York’s minority community did not believe the mayor ever acted in their interests.”

Cochran made a couple of rather naive statements showing his lack of historical knowledge; first, saying that the O.J. Simpson trial “… had created… law as entertainment.” and second, saying of the Latrell Sprewell case, “It was an ugly incident, and there had never been anything like it in sports.”

One tyro error to which Cochran admitted was a legal case in Buffalo, New York. He expressed his displeasure with the nature of the jury. Of course, the media twisted his words and the jury wasn’t sequestered. There was a chance that a newspaper headline had tainted the jury, but fortunately, nothing came of it.

Read the book to learn the details of diverse cases with which Cochran was involved. His goal was not only to make maximum money for himself and his client, but according to him, to effect change in a court/political/social system that made racial discrimination possible.

Indefensible

The Book of the Week is “Indefensible” by David Feige, published in 2006. This is an autobiographical account of a public defender; an attorney who represents indigent people accused of street crime, who were assigned to him by the court.

Feige described his experiences with the people in the criminal justice system in the New York City of the 1990’s. He had to deal with the homeless, mentally ill, addicts, gang members, good people who were wrongly accused– and their family members; judges and other court personnel, and fellow attorneys. There were personality types he saw over and over again– the poorly educated jailed people trapped in the poverty cycle due to their bad choices, bad luck and a series of circumstances out of their control; good, fair judges; and unsympathetic and sadistic judges.

Feige was overworked, underpaid and his anecdotes smacked of the proverb, “Good to know the law, better to know the judge.”

Read this depressing book to get an intimate picture of the inner-city downtrodden, and the difficulties of keeping them from being jailed, even when they are innocent, due to the odds against them.

The Snakehead

The Book of the Week is “The Snakehead” by Patrick Radden Keefe, published in 2009. This ebook recounts the details of a pivotal human-smuggling incident involving people of Chinese descent.

In early June 1993, a boat hit a sandbar in Breezy Point in the borough of Queens (New York City) in New York State. Most of its occupants were illegal immigrants originally from China. They were “smuggled” rather than “trafficked” in that they had willingly bribed a “snakehead” to help them move to the United States without identification documents, knowing the risks of their journey full well. Trafficked individuals also have the desire for a better life, but are usually unaware that they will be sold as property.

Organized crime in Chinatown in New York City in the 1980’s was rampant, consisting of not just arrangements to further illegal immigration, but of extortion, gang warfare, conspiracy, hostage-taking and money laundering. “But there was only so much money in shakedowns, burglaries and kidnappings.” The heroin trade carried heavy prison sentences. On the other hand, there was big money (approximately $30,000 for the snakehead per person) in human smuggling and it carried light prison sentences.

At the start of the 1990’s, two major reasons that immigration laws were lenient for political asylum seekers from China were: 1) The 1989 Tiananmen Square massacre had reminded the world of oppression in China, and 2) The country had a draconian population-limiting political system, allowing women to bear only one child and thereafter be forced to have an abortion or the men, to have forced sterilization. Another factor that contributed to the arrival of an excessive number of illegals on U.S. shores around 1990 was the fact the the Immigration and Naturalization Service was a poorly treated, underfunded and understaffed agency, that competed with the customs department– whose contraband confiscations made it a political darling.

Read the book to learn: why, around 1990, there was also a shift in the transportation method, routes and entry points for illegal smuggling; which perpetrators got caught and their fates; and the valid arguments on both sides of the debate over the legal and ethical issues on people’s entering a nation without the legal means to do so.

My Beloved World – Bonus Post

This blogger skimmed the ebook “My Beloved World” by Sonia Sotomayor, published in 2013.  This is the autobiography of Supreme Court Justice Sotomayor. Born in 1954, she grew up in a low-income neighborhood in the Bronx, in a close-knit family of Spanish-speaking origin.

Sotomayor’s mother’s philosophy was that whatever one is doing, one should do it well. Sotomayor internalized her advice. She became an overachiever in high school. As a Puerto Rican, she benefited from the growing popularity of “Affirmative Action” policies of the early 1970’s. She attended an Ivy League college. “The Daily Princetonian routinely published letters to the editor lamenting the presence on campus of ‘affirmative action students,’ each one of whom had presumably displaced a far more deserving affluent white male…”

In the United States, Affirmative Action, aka “diversity” is still a very controversial practice in education and employment in which the people in power, some say, out of “white liberal guilt,” are trying to salve their consciences for past discrimination of “minorities”– people who are not of white European origin. Ironically, this can result in reverse discrimination in specific sectors of society– favoring of non-white over white candidates. On the other hand, some ethnic groups comprising the minorities are statistically no longer in the minority of the entire population of candidates; they are now the majority.

Even so, people are becoming more tolerant of the growing popularity of multi-ethnic situations. Sotomayor remains very close with her younger brother, who married, had a daughter and adopted twins, “…Korean boys with Irish names, a Polish (adoptive) mother and a Puerto Rican (adoptive) father– the perfect American family.”

In college, Sotomayor had a lot of catching up to do, linguistically and culturally because she had grown up in a sheltered, limited environment. She writes, “I was enough of a realist not to fret about having missed summer camp, or travel abroad, or a casual familiarity with the language of wealth.” She had had trouble learning to write an essay because syntactically, her writing reflected her first language– Spanish, making for awkward phrasing in English. It was only as an undergraduate that she realized she needed to use the same thesis-oriented communication style she used on her high school debating team, but commit it to paper.

When she was planning her wedding, Sotomayor became a bargain-hunter, but “The prices horrified me, each piece of the fairy tale seeming a bigger rip-off than the last.” She attended Yale Law School and became an Assistant District Attorney to get litigation experience. Her dream was to become a judge. Even at Yale, there had been no program that equipped students with the specific skills and experience for becoming a judge.

When she told her mother about her appointment to her first judgeship, she had to explain that various aspects of the job would be less than exciting. There was no world travel involved. She would get to meet “interesting people,” just not the kinds she would be able to make friends with, as she had in her previous position. On top of that, she would be earning very little money, compared to what she could earn at a big-name law firm.

Read the book to learn the details of Sotomayor’s life triumphs and tragedies, and her opinions on various issues.