No worries about terror? Donate to Hillary

Forget about her book. If you’re looking for truly revealing words from Sen. Hillary Rodham Clinton (D-N.Y.), check out her latest fundraising appeal.

“Please join HILLPAC,” Clinton writes in a mass mailing for her political action committee. “We need to win the next election for working moms and dads, who are counting on us to help get our economy moving;” for “school children who are counting on us to make sure they won’t lose more schools and teachers to budget cuts;” for “seniors who are counting on us to protect their Social Security;” for “women who are counting on us to protect their reproductive freedom;” and for “Americans everywhere who are counting on us to defend the air they breathe, water they drink and wilderness they enjoy.”

It’s boilerplate stuff, but the revealing part is what’s not there: What about those Americans who are counting on elected officials to defend the country against terrorists?

In the mailing, Clinton includes a “2003 Critical National Issues Survey,” which, among other things, asks contributors to rate Republicans and Democrats on the issues of Social Security, the environment, the economy, reproductive rights and education.

Again, there’s no mention of those Americans for whom not being killed by terrorists is a Critical National Issue. They don’t have a box to check.

In fact, only two questions out of the 18 on the survey deal with national security at all.

One is, “How concerned are you that administration proposals for homeland security underfund critically important first responders, such as firefighters, police officers and local health agencies?” The other is, “How concerned are you that the Bush administration’s homeland security policies are curtailing the civil rights and constitutional freedoms of American citizens?”

Now it’s understandable that Democrats want lots of heavily unionized public workers, including police and firefighters. And of course public safety officers are a crucial part of the nation’s preparedness for a possible terrorist attack.

But what about other public safety officers, such as those, for example, in the Army, Navy, Air Force, and Marines? The ones who can kill terrorists before they kill us? In the world of HILLPAC, they might as well not exist.

In one four-page letter, Clinton has unwittingly summarized why Democrats face an almost impossible task as they seek to win control of the White House and Congress in 2004. Yes, Americans think economic issues are important.

But they are also deeply worried about terrorism, a fact the people who run HILLPAC just don’t seem to get.

A few months ago, the Gallup organization asked registered voters, “Thinking ahead to the elections for president in 2004, if you had to choose, which of the following issues will be more important to your vote — economic conditions or terrorism?”

Fifty-three percent answered economic conditions. Thirty-two percent said terrorism, and 13 percent said both of them equally. Which means that 45 percent of the voters say terrorism will be a top factor in their voting decisions in 2004.

And it’s not an abstract concept. A more recent Gallup poll asked, “In the next few years, do you think the United States’ efforts against terrorism will — or will not — require the U.S. to put military troops in combat situations in other countries as it did in Iraq and Afghanistan?” Seventy-seven percent answered yes, with just 17 percent saying no.

More specifically, 64 percent said that Iran poses a long-term threat to the United States — 13 percent said it poses an immediate threat — while just 20 percent said Iran does not pose a threat.

All of that suggests that when Americans worry about terrorism, they’re not fretting over police department budgets, as important as that is. They’re thinking about war. And, unlike many Democrats, they believe that Osama bin Laden, and not John Ashcroft, is the enemy.

But not the letter-writers at HILLPAC. “We have to win the next one,” Clinton writes in her fundraising appeal — referring to the election, not war.

“If we can enlist the support of more Americans who tell me they’re feeling increasingly alienated by the actions of a reactionary administration and Republican-led Congress, I’m convinced we can.”

Perhaps. But why are the HILLPAC Democrats pretending the fear that is on everyone’s mind simply doesn’t exist?

Byron York is a White House correspondent for National Review. His column appears in The Hill each Wednesday. E-mail: byork@thehill.com

and how do you like Hitlerys boy Wes Clark, praising the republicans on drudge? http://www.drudgereport.com/clark.htm What made this guy become a traitor, I mean a Demon-rat? A Hitlery towel boy? Is it that psychotics tend to stick together?

Hitlerys record on creating jobs........

Hitlerys record on terrorism.....Getting a pardon for FALN terrorists sentenced to 80 years after serving only 20, even though they never asked to be pardoned and refused to renounce violence, just so Hitlery could buy a few votes in her ego driven Senate campaign in New York. Gee, how "Good for New York". Unleashing killers into the public so they may kill again for your own selfish purposes. After all, how many bombs did the FALN set off in the late `70`s and early `80`s in NYC? Oh, that`s right...Only about ONE HUNDRED AND THIRTY which is only 128 more than Al Qaida.

STATEMENT OF

DETECTIVE ROCCO PASCERELLA

BEFORE THE SENATE COMMITTEE ON THE JUDICIARY

HEARING ON FALN CLEMENCY

SEPTEMBER 15, 1999

Good Morning Senators.

My name is Rocco Pascarella.

On December 31, 1982, I was a police officer assigned to security at Police Headquarters in New York City. I had joined the force at age 21, and in my 13 years on the New York City Police force I had worked in various precincts and assignments. About two weeks prior to December 31, 1982 I had been assigned to the Police Headquarters security detail. On what should have been a festive evening, FALN terrorists were at work in New York City. It was 9:30 p.m. when my colleagues and I heard a tremendous explosion. At first we thought it was fireworks. But soon after, we were told a bomb had exploded at 26 federal plaza which is two blocks from police headquarters. I was directed by my seargent to search the perimeter of the headquarters building for anything suspicious that might be a bomb. As I approached the rear unused entrance to the building I noticed a lot of debris. As I turned to search , the bomb went off.

The blast that shattered my life that night was the work of the FALN. This notorious group of terrorists had been planting bombs for some time--ostensibly to secure Puerto Rican independence. But their criminal activity was not limited to indiscriminate bombing. It also included apolitical crimes such as weapons possession and robbery.

That I or my colleagues was not killed that night is a fortunate coincidence. FALN bombs were placed at locations where it was likely that innocent people would be killed or injured. I suffered the loss of one leg below the knee, severe scarring of my other leg, the loss of hearing in one ear, and the loss of my eyesight to the extent that I am no longer able to drive. I was in the hospital for two months. I underwent six operations for my leg and ears and received over 40 stitches to my face, ears and mouth. I spent a year going through rehabilitation to learn to walk again with myartificiall leg and injured right leg. Because of my injuries I have been unable to return to active duty in the police force. I am on an extended medical leave. The pain and trauma of these disabling injuries were multiplied by the suffering it caused my family: My parents, my daughter, my friends and my colleagues in the New York City Police Department. When you consider all the other whose lives were devastated during the FALN onslaught, the grief and suffering grows exponentially.

Seventeen year later, the insidious cancer that is the FALN again ulcerates American life. Forces have been at work to position these criminals for presidential clemency. Under ordinary circumstances the prospect of their release would be laughable. What could motivate any president to grant a request with the blood of American citizens?

Perhaps everyone in this room, and everyone in America, should review these cases:

They read the United States vs. The defendants, or the State of New York vs. The defendants. Roc Pascarella did not prosecute these cases. You did. The people did. And when it’s done, and just sentences are imposed they should be made to stand, particularly in cases of terrorism. Because when terrorists strike, they are not just maiming me, they are striking at the very foundation of America. Our very freedom makes us particularly vulnerable to the demented minions of terrorists all over the world.

In the press, their supporters describe these FALN terrorists as freedom fighters and political prisoners. That characterization is an abomination. The basis of American Democracy is dialogue and compromise within the political process. Democrats and Republicans do not butcher each other in the streets of Washington, or punctuate their rhetoric with bombs and bullets. The indiscriminate killing and maiming of innocent people to make a political statement is an attack on the American political system and should be dealt with accordingly. Nor do these misfits, as some would imply, represent the goals and ideas of Puerto Rican people, who have democratically rejected Puerto Rican independence, and morally rejected slaughter as a means to a political end.

In this very forum the clamor is heard for more severe sentences for hate crimes. What greater hate than to kill, not because of some demented distaste for another race or ethnic group, but to kill anyone; man, women, or child to make a merely political statement?

And finally, what kind of message does this exercise of clemency send to the world’s terrorists? The United States military is sent halfway around the world to destroy a terrorist’s camp in a foreign nation, while at home, a wile a group of criminal terrorists as exists anywhere in the world is released upon the strength of a hard wrought promise never to engage in violence again. A release, it appears, that is contrary to the recommendations and warnings of every federal agency involved in the investigation, apprehension, trial and incarceration of this group.

You, as elected representatives and as citizens of this nation, have a responsibility to the American people to expose the circumstances and the motivation which led to this assault on the American political system and the American justice system. You owe it to yourselves. You owe it to your constituents. You owe it to me. And you owe it to past and future victims of FALN murder and terror.

Thank you.

Testimony of
William P. Newhall
September 15, 1999

My name is Bill Newhall. I have been invited to speak before this committee because I was injured in the FALN bombing of Fraunces Tavern in January 1975.

On January 24th of that year, I was having lunch with two colleagues, Charlie Murray and Frank Connor and three clients, Jim Gezork, Alex Berger and Dave Urskind. We were seated at a table overlooking Broad Street, about to return to work when a bomb, placed in a doorway next to our table, detonated, destroying our corner with shrapnel and debris. Jim, Alex, and Frank died terrible deaths, barely recognizable to their families. Another man, Harold Sherburne, who was upstairs at the time of the blast, was also killed. Charlie, David and I suffered multiple wounds, many of them from shrapnel. More than fifty other people sustained injuries as well. With the time limits of this hearing, it is impossible to adequately describe the effects of this savagery on the injured and dead as well as their families.

This bombing, a terrorist act against unarmed and unsuspecting civilians and its lethal results were followed by many more, though fortunately none was as deadly as this one. I don’t recall ever hearing any expression of remorse, concern or contrition by any member of the FALN for the pain and loss they caused those directly affected, or their families, for this or any other bombing.

Why were these bombings carried out? Because the FALN was frustrated by its inability, in any voting referendum, to persuade a significant number of its fellow Puerto Ricans of the merits of its cause. The resulting strategy was to murder U.S. civilians.

None of the FALN members who were recently released through the President’s grant of clemency were ever convicted of the bombing of Fraunces Tavern. But they were proven in courts of law to be supporters of these terrorist methods, some were videotaped making bombs, and all were clearly committed to acts of violence against innocent people.

The living can speak and so can the dead, through their surviving families, friends and our memories of them. That is why I am here before you. We’ve heard recently in New York how much these self-styled “freedom fighters” sacrificed and lost because of their political beliefs. To the contrary, those who truly paid for the FALN’s political beliefs were their dead victims. Men of character, humor, and promise, they will never return to their loved ones, or receive a hero’s welcome. And what about the price paid by those permanently injured or scarred? I understand the goal of this committee is to examine the way in which the clemency process was carried out. I and I’m sure many other citizens, including the many law enforcement personnel who worked so hard to halt the FALN bombing campaign, are curious about this as well. I would like to know whether the views of any victims or their families were sought, much less obtained and considered.

It is easy to suspect that political grandstanding parading as compassion was at work here. If so, not only is it an affront to those the FALN killed and maimed, it delivers perhaps the worst message of all: near indifference to terrorist activities of all kinds and the human misery they cause.

STATEMENT OF

SPECIAL AGENT (RET.) DONALD R. WOFFORD

BEFORE THE SENATE COMMITTEE ON THE JUDICIARY

HEARING ON FALN CLEMENCY
SEPTEMBER 15, 1999

_____________________________________

My name is Donald R. Wofford and I am currently a retired FBI agent having retired in 1995 with 23 years of service with the FBI.

During the period 1974-1980 I was assigned to the investigation of the FALN in New York and was the Case agent for the investigation of the FALN when it claimed the bombing of Fraunces Tavern Restaurant on January 24, 1975. During this period I was participating in an investigative Task Force comprised of 50 FBI agents and 50 NYCPD detectives. This task force investigated all FALN claimed bombings and other criminal acts.

During the period 1980-1984 I was assigned to Newark, N.J. where I investigated FALN suspects as well as other terrorist suspects.

From 1984-1987 I was assigned to Butte, Montana and was investigating the Aryan Nations and its underground group “the order.” This investigation of white supremacist criminals resulted in 23 individuals being convicted for armed robbery, bombings, murder, and conspiracy.

During the period 1987-1989 I was assigned to FBI headquarters as a Supervisory Special Agent in the Domestic Terrorism Unit. My major duties included authorizing Domestic Terrorism investigations in accordance with the Attorney General’s guidelines.

The FALN is a clandestine terrorist organization that has dedicated itself to "liberating Puerto Rico from United States control" through the use of violent actions including bombings, incendiary attacks, kidnappings, attempted prison escapes, and threats. These actions have been financed through various illegal activities including armed robberies. The FALN has been linked to over 130 bombing-type actions (actual bombings, attempted bombings, incendiary attacks and bomb threats) since October 26, 1974. These incidents have resulted in over $3-1/2 million in damages, 5 deaths and 84 injuries including four police officers who were maimed. In addition, the group has perpetrated three armed takeovers in which innocent people were restrained, robbed and terrorized. The group is convinced that armed struggle is the only vehicle through which independence can be achieved. Unlike other independence groups that engage in violent actions on the Island of Puerto Rico itself, the FALN has elected to stage its violent actions within the continental United States.

The FALN publicly emerged on October 26, 1974, when the group claimed credit for five bombings that occurred in downtown New York City. These explosive devices were believed to have been concealed in airline shoulder type flight bags containing from three to five propane tanks, a quantity of high explosives believed to be dynamite, a detonator, a wrist watch timer, and a battery. In total, over $1,000,000 damage was sustained in those bombings, but no injuries occurred. The FALN claimed credit for this bombing in a communiqué left in a phone booth which was listed as FALN Communiqué #1.

The next known bombing claimed by the FALN occurred on Wednesday, 12/11/74, when an anonymous Hispanic female notified the NYCPD that a dead body was located in a building at 336 East 110th Street, Manhattan. A radio car was dispatched and when the investigating patrolman pushed upon an outside door to an abandoned five story tenement located at this address, the explosion occurred, seriously injuring the officer, and ultimately resulting in the loss of his eye.

An examination at this bomb site revealed that a blue colored airline flight bag had been secured to the inside of the door, and contained what is believed to have been three propane tanks, a large lantern type battery, and a pipe nipple approximately ten inches in length, containing what is believed to have been dynamite. The booby trap bomb in this instance was detonated by a clothes pin type firing device which was tied to the door with string, which detonated the bomb upon opening the door. Almost immediately after the bombing, an unidentified Spanish accented female telephoned the Associated Press advising that she was part of the FALN and that a communiqué claiming responsibility could be located in a telephone booth at Tenth Avenue and 52nd Street, New York, NY. This letter was recovered by the NYCPD and when examined, revealed that it was identified by the FALN as Communiqué #2 and was determined to have been typed on identical letterhead paper as Communiqué #1.

The group's next action, occurring on January 24, 1975, was even more ruthless and resulted in four deaths, over 60 injuries, and extensive property damage. The target was the historic Fraunces Tavern in New York City and the device exploded during the busy lunch period at approximately 1:22 p.m. Four persons were killed, over 50 injured, and property damage exceeding $300,000 was sustained. Shortly after the explosion, the Associated Press in New York received a telephone call from a male with a Spanish accent who stated that the Armed Forces of Puerto Rican National Liberation (FALN) was responsible for the bombing, and a communiqué explaining the reasons could be found in a telephone booth located at Bridge and Water Streets in New York (which is approximately 3 or 4 blocks from the bombing scene itself).

The communiqué referred to be the caller was recovered by the NYCPD and, when examined, revealed it was identified by the FALN as Communiqué #3, and was found to have been typed on letterhead paper of the FALN, identical to Communiqués #'s 1 and 2, recovered in previous bombings claimed by this group.

FBI Explosive Experts working in close coordination with the NYCPD Bomb Squad have closely examined all the debris collected from the explosion site and have recovered what appears to be a back plate from a watch; a severely mutilated latch believed to have come from the case that held the bomb; pieces of black plastic or leather from the case; miscellaneous small pieces of unidentifiable metal, and a piece of a valve stem believed to have come from a propane tank (probably a Bernzamatic type used for home plumbing repairs and/or camping equipment). No information is available as to the specific explosive used, although experienced estimates indicate dynamite.

A witness has been located who observed a bag in the vestibule portion separating the tavern from the Anglers Club entrance. He identified this bag as approximately 2-1/2 feet long, 1-1/2 feet high and 1 foot wide. He described this bag as a gray synthetic cloth type bag with black plastic piping around the outside, having 2 black straps around the middle, and having a single black handle. He added that this bag appeared to be new and inexpensive. The witness places the bag at the specific location in the vestibule which explosive experts indicate was the seat of the explosion. Subsequent interviews of two other witnesses indicated that the bag was not at the site as late as 1:10 to 1:15 p.m.

The letterhead paper recovered in all three bombings, had a five pointed star design with the letters FALN imposed thereon. Above this star were the two words Fuerzas Armadas and below the star were the words de Liberacion Nacional Puertorriquena (which translates as Armed Forces of Puerto Rican National Liberation). All letters were found to have been prepared on a typewriter with Smith Corona face type (available on several types of machines but probably a Smith Corona portable). There were four copies of Communiqué #1 recovered, but only one original typing, although examination of recovered specimens clearly indicate two typings. The original of the typed communiqué was in red ink and mailed to a Spanish language newspaper in New York. All of the communiqués recovered have been found to have been prepared on Gestetner watermarked paper. (See Exhibit 1)

In their next attack, the FALN reverted back to more "symbolic" bombings when they attacked four New York City buildings in April, 1975.

The FALN first made its presence known in Chicago, Illinois, on June 15, 1975, when they claimed credit for two powerful bombs that detonated in the downtown Loop area. In October, 1975, the FALN attempted to display their strength by simultaneously exploding bombs in New York City, Washington, D.C., and Chicago. During the months that followed, the FALN detonated several more devices in New York and Chicago, causing property damage and injuring innocent bystanders; however, for some unexplained reason they did not claim credit for these incidents. One of these attacks involved the placement of incendiary rather than explosive devices in the downtown Chicago Marshall Field Department Store.

In late June, 1976, the FALN resumed making claims for its terrorist actions which were, during the subsequent years, to include both explosive and incendiary device attacks. One of these attacks was on the Hilton Hotel in New York City in September, 1976, and resulted in $300,000 in damages. Another victim target was the Merchandise Mart in Chicago which suffered $1,335,000 in damages from a February, 1977, bombing. An incendiary device placed in New York City's Gimbel's Department Store on October 11, 1977, resulted in a fire that caused $125,000 in damages. Perhaps the most violent of these attacks which occurred between June, 1976, and July, 1978, was directed against the Mobil Oil Company employment office in New York city. On August 3, 1977, a powerful bomb detonated inside this office during the busy morning rush period, killing one man and injuring several other bystanders. It was painfully clear that this bombing was designed to kill people and was anything but "symbolic" in nature. Marie Haydee Beltran Torres was subsequently convicted of perpetrating this act and was sentenced to a life term in federal prison.

In May, 1978, the FALN again expanded its scope of activity by simultaneously placing devices in New York, New Jersey, and Washington, D.C., and threatening to bomb Chicago targets. A month later the group placed incendiary devices in three department stores in the Chicago suburb of Schaumburg, Illinois.

On November 3, 1976, the FALN suffered a serious setback when Chicago Police discovered their "bomb factory" which was located in an apartment within the city's north side Hispanic community. This discovery led to the identification of Carlos Alberto Torres, his wife Marie Haydee Torres, Ida Luz "Lucy" Rodriguez, and Oscar Lopez-Rivera as being members of the FALN. All four individuals immediately vanished, thus ending the double lives they had been leading for several years. The four had masqueraded as law abiding community members and had assiduously avoided doing anything that would have drawn attention to themselves. Indeed, "Lucy" Rodriguez was working in an executive position with the Federal Government when the "bomb factory" was uncovered.

Based on information located in the Chicago bomb factory, the New York FBI determined that Luis Rosado-Ayala and William Guillermo Morales were prime suspects in the New York bombings claimed by the FALN. In addition, it was determined by the New York FBI that Rosado-Ayala and Morales were associating closely with, among others, Dylcia Pagan, Adolfo Matos, and Elizam Escobar.

In July, 1978, the FALN suffered still another setback - one that was destined to drastically change the nature of the organization. On July 12, 1978, a powerful explosion occurred in New York City apartment, maiming the resident. Subsequent investigation determined the apartment was, in fact, an FALN "bomb factory," and the injured man who lost most of both hands was FALN member William Guillermo Morales, who was constructing a pipe bomb when the explosion occurred. Further investigation identified the four missing Chicago FALN members as being involved with the New York "bomb factory." As the police were clearing the debris from the apartment, FALN incendiaries, apparently placed prior to the explosion, ignited in several New York department stores. These were followed by a communiqué from the FALN that had been mailed prior to the "bomb factory" explosion.

FBI and NYCPD examination of the Morales "bomb factory" revealed that William Guillermo Morales was severely injured when a pipe bomb, which he was constructing, exploded literally in his hands, and his most severe injuries were the instant amputation of both hands. Inventory of items seized in this bomb factory include 66 sticks of dynamite and 5,000 rounds of ammunition. In addition, watches, batteries, wires, circuits, and all types of tools were recovered among other items. As a result, the NYCPD Bomb Squad stated at the time that the explosives and incendiaries found in this Queens bomb factory could have constructed at least 28 explosive devices and 2,632 incendiary devices of a type customarily used by the FALN.

The FBI and NYCPD also recovered two Gestetner machines which were used to produce stencils and for duplication. These two machines were purchased by an organization ostensibly supporting Hispanic affairs throughout the United States. It was determined that Carlos Alberto Torres, Oscar Lopez Rivera, Luis Rosado-Ayala, and William Guillermo Morales were members of this organization which was headquartered in New York City. Following an exam by FBI and NYCPD experts, it was determined that defects in the Gestetner duplicating machine found in the Queens bomb factory were consistent with defects noted on the FALN Communiqué #1. Communiqués in 63 separate bombings were produced from a stencil located in the Queens bomb factory and this stencil also produced several hundred blank FALN communiqués bearing the FALN logo which were also discovered in the Queens bomb factory.

The New York "bomb factory" caused the FALN to change its operations and make itself into an even more clandestine and devious organization. Rather than attempt to stage "symbolic" attacks in order to "prove" to supporters and police that the group continued to exist, or to send communiqués designed to alert the world of their continued presence, the FALN quietly and methodically constructed an "underground" network of members and supporters and gathered necessary supplies for their "war of freedom." Only when they felt they had developed a strong and secure organization did the FALN resume overt political operations.

In October, 1979, explosive devices detonated in New York and Chicago in conjunction with a series of bombings on the Island of Puerto Rico. Communiqués issued both in the U.S. and Puerto Rico claimed credit for these incidents in the names of the FALN and three other island-based groups. Curiously, the FALN name appeared first on the U.S.-issued communiqué, while that group's name appeared last on the island-issued document. Clearly the intent was to illustrate that the FALN had perpetrated the mainland attacks while the other groups had done the island bombings. The joint communiqué also informed the world that at least four Puerto Rican independence groups were now working in cooperation with one another. In November, 1979, the FALN struck again in Chicago with the bombings of two military recruiting offices and an armory.

In mid-March, 1980, the FALN staged a new terrorist tactic when members of the group seized the Carter-Mondale Presidential Campaign Office in Chicago and the George Bush Campaign Office in New York and held campaign workers hostage while ransacking the facilities and stealing supporter lists. On the days that followed these incidents, the group sent threatening letters to around 200 Carter-Mondale supporters including Demographic National Convention delegates living throughout the State of Illinois.

On April 4, 1980, the FALN suffered its most serious setback when Evanston, Illinois, Police arrested 11 members who had assembled in that municipality for the purpose of robbing an armored truck making a pickup at Northwestern University. Seized with the arrestees were a stolen truck, several stolen vans and cars, 13 weapons, and various disguises and articles of false identification. Those arrested included Carlos and Haydee Torres, Lucy Rodriguez, her sister Alicia Rodriguez, Dylcia Pagan, the common-law wife of William Morales, Adolfo Matos, Carmen Valentin, Luis Rosa, Dick Jimenez, Elizam Escobar, and Freddie Mendez.

Investigation arising from these arrests revealed that from the time of the discovery of the New York "bomb factory" in August, 1978, the FALN had developed an intricate "underground" operation. "Safehouses" were discovered in Milwaukee, Wisconsin; Newark, New Jersey; New York City, and Chicago. Vehicles had been stolen through various methods in several states. Quality false identifications had been established. Through investigation it became apparent that the group had developed sources of income sufficient to easily maintain its existence. This became clear when it was learned that their Milwaukee "safehouse" had been purchased for cash and that tens of thousands of dollars in currency had been hidden there.

Good evidence was also developed to reflect that on December 24, 1979, the FALN robbed an armored truck making a pickup at a Milwaukee supermarket. Additional evidence showed that the FALN had invaded the Oak Creek, Wisconsin, Armory, in January, 1980, in an unsuccessful effort to steal military arms. This invasion failed only because the three military employees captured by the raiders refused to open the weapons vault. Evidence was also developed to show that FALN members were responsible for the armed robbery of the Radio Shack Store in Highland Park, Illinois, on April 1, 1980.

The April 4, arrests undoubtedly sent shock waves through the FALN, however, it did not end the organization and did not break the spirits of those incarcerated. Immediately all 11 arrestees claimed to be "prisoners of war" and refused to cooperate with authorities. After Haydee Torres was separated from the group so that she could be returned to New York to stand trial for her role in the fatal Mobil Oil bombing, the remaining ten FALN members were found guilty in Illinois courts of a variety of state violations. All were sentenced to lengthy prison terms in Illinois maximum security penal institutions. Haydee Torres was found guilty in New York and subsequently sentenced to serve a life term in federal custody.

On December 10, 1980, a Federal Grand Jury returned indictments in Chicago against the ten April 4 arrestees in Illinois custody and against the still missing Oscar Lopez, charging among other crimes Seditious Conspiracy against the U.S. Government. During early February, 1981, trial was held for the ten in Federal Court in Chicago. All claimed to be "prisoners of war" and refused to defend themselves. All were found guilty of Seditious Conspiracy, violation of the Hobbs Act, and violation of Federal Firearms statutes. Several of the individuals were also found guilty of interstate vehicle theft. On February 18, 1981, the ten were sentenced to prison terms ranging from 55 to 90 years to commence after they had completed their Illinois prison terms that ranged from 8 to 31-1/2 years.

On the evening the federal indictments were returned, December 10, 1980, two presumed FALN members, Luis Rosado-Ayala of New York and Felix Rosa, brother of indictee Luis Rosa, were arrested following a high speed chase arising from the armed robbery of a van from a Highland Park, Illinois, Ford dealer. This brazen robbery was similar to previous FALN actions. Rosado subsequently became a local and federal fugitive when he jumped bond and Illinois authorities requested a Federal Unlawful Flight to Avoid Prosecution (UFAP) warrant. Rosa became a fugitive when he failed to come for the second day of his trial after having been present on the first day. He was subsequently arrested by Illinois State Police who returned him to court where he was found guilty of armed robbery and vehicular theft and sentenced to serve a 22 year prison term.

In the months that followed the federal convictions, all of the incarcerated FALN members remained dedicated to their cause except for Freddie Mendez who agreed to cooperate with the government. Mendez subsequently provided a wealth of information concerning the operations of the FALN. In discussing some of the FALN's terrorist activities, he mentioned that the group had been responsible for William Morales' escape from prison in New York during the spring of 1979. At the time Morales was serving an 89 year term on charges arising from the New York "bomb factory." Mendez indicated that despite being maimed Morales returned to a leadership position with the FALN and had been one of the primary planners of the ill-fated April 4 armored truck robbery and of the Oak Creek Armory invasion.

On November 19, 1980, a heavily armed group of around eight individuals took over a Texaco Service Station located at 6140 North Broadway, Chicago, in an effort to rob an armored truck that was scheduled to make a pickup at that location. Victims of the robbery subsequently selected Felix Rosa and Eduardo Negron from a lineup and both men were arrested and charged with this crime.

On May 29, 1981, Glenview, Illinois, Police arrested fugitive FALN member Oscar Lopez in company with MLN member Wilfredo (Freddie) Santana after the pair was stopped for a traffic violation. Various forms of false identification were found in conjunction with the arrest. Subsequent investigation led the FBI to Lopez' secret residence at 3151 West Ainslie Street, Chicago, apartment 1B, wherein approximately six pounds of dynamite and four blasting caps were recovered along with false identifications and FALN related materials.

Lopez was subsequently tried for Seditious Conspiracy, violation of the Hobbs Act, illegal weapons possession, and interstate transportation of stolen motor vehicles, and was found guilty in Federal Court in Chicago on July 31, 1981. He was sentenced to serve 55 years in federal custody on August 11, 1981.

The November 19, 1980, attempted armored truck robbery and the December 10, 1980, armed robbery of the van proved that the FALN continued to exist despite the arrests of 11 members. 1980 through early 1982 was to be a period of rebuilding for the FALN similar to the 16 month period that followed the explosion of the William Morales "bomb factory" in New York. The group made no claims of credit for any terrorist actions during this span although its surface group, the MLN, repeatedly assured supporters that the FALN continued to be alive and well.

On the late evening of Monday, February 28, 1982, four powerful bombs detonated in front of business institutions in New York's financial district. The FALN claimed credit via a five page communiqué which was found in a phone booth at 91st and Riverside Avenue after an anonymous call was received by someone claiming to be the FALN. In this communique, the FALN stated that their jailed comrades and members of their organization were being mistreated in jail. The FALN identified its jailed comrades and members as Oscar Lopez Rivera, Lucy Rodriguez, Carlos Alberto Torres, Haydee Torres, Luis Rosa, Alicia Rodriguez, Ricardo Jimenez, Dylcia Pagan Morales, Adolfo Matos Antongiorgi, Elizam Escobar, Carmen Valentin.

On early Monday morning, September 20, 1982, the FALN struck again in New York detonating a bomb in front of the Bankers Trust on Park Avenue. The group claimed that this incident was to "...protest the U.S. support of Israeli massacre of Palestinian People."

During the evening of December 31, 1982, four powerful bombs detonated in New York City outside police and federal buildings. Three police officers were maimed by the blasts and considerable property damage resulted. A fifth device was disarmed by the police and was found to consist of four sticks of dynamite and components similar to those used in previous FALN devices. The FALN telephonically claimed credit for the bombings. Various people familiar with fugitive Luis Rosado-Ayala subsequently identified the voice of the FALN caller as that of Rosado. Based on this a warrant was issued for Rosado in the Eastern District of New York charging him with Conspiracy to Engage in Racketeering (Title 18, U.S. Code, Section 1962(D)) in conjunction with the bombings.

On May 26, 1983, William Morales, the maimed FALN member who escaped from custody in New York in 1979 after being convicted of various explosives violations in connection with the explosion of the New York "bomb factory" in 1978, was arrested by Mexican authorities in Puebla, Mexico. During the arrest Morales' bodyguard and one police officer were killed and a second police officer wounded. Morales subsequently led Mexican officials to a place where he had been staying. Another gun battle erupted at this location when police attempted to enter same and a female resident was killed and a police officer wounded. Although U.S. authorities desire Morales be extradited to New York, Mexican authorities have charged him with four major violations carrying prison sentences of five or more years, consequently it appears that Morales will remain in Mexican custody for many years.

In summary, the following information has been developed concerning the operations of the FALN:

The members are totally dedicated and have expressed a willingness to spend the remainder of their lives in prison if captured during their terrorist activities. This is not to suggest that members will passively submit to arrest. Indeed, if escape is believed possible, FALN members will use deadly force to avoid apprehension.

Membership in the FALN is not a fact that members make public. It is logical to believe that few people within the Puerto Rican independence movement are even aware of the membership of the FALN. Members usually function as apparent law-abiding citizens maintaining residences, families, and legitimate employments while covertly operating in clandestine, criminal operations. It is not until positively identified as FALN members that such people vanish into full-time clandestine "underground" existences.

The group believes that the liberation of Puerto Rico is the paramount aspect of their lives and that anything designed to foster this objective is proper and correct. Armed robberies whether they be of business establishments or of common people are justified if they bring into the organization the funds, vehicles, weapons, and other supplies necessary to bring about the revolution. In the past the FALN has taken advantage of naive clergymen especially people connected with the Episcopal Church, and there is every reason to believe that they will in future attempt to glean funds, supplies, and other support through religious institutions. The father of Carlos Torres is the Rev. Jose Torres of Chicago's First Congregational Church.

Security is of the utmost importance and great care is exercised to maintain confidentiality of the group's operations. Although in the early days FALN members tended to be somewhat careless in their false documentation, safe housing, and other activities, such does not seem to be the case today, and their present false identification will likely stand all but very extensive scrutiny. If arrested, FALN members will almost certainly not cooperate regardless of promises offered to them. Arrested FALN members know that when their cohorts, both overt and covert, learn of their incarceration, assistance in terms of finances, attorneys, and supporters will be made readily available to them. While such people know that escape from custody may not be immediately possible, such an option will remain open throughout their incarceration, and they know that when the opportunity for success is greatest, necessary assistance will be available to them.

STATEMENT OF

SPECIAL AGENT (RET.) RICHARD S. HAHN

BEFORE THE SENATE COMMITTEE ON THE JUDICIARY

HEARING ON FALN CLEMENCY

SEPTEMBER 15, 1999

I, Richard S. Hahn, am a retired FBI Special Agent. During the period of January, 1975, through September, 1987, I was involved almost exclusively in the investigation of Puetro Rican terrorist matters. I served in New York, San Juan and Chicago during this period. While in New York I investigated bombings conducted by the FALN, begining with the bombing of Fraunce’s Tavern on January 24, 1975. From January 1978 through December 1980 I served in San Juan as that office’s bombing coordinator. My experiences there saw the emergence of the Macheteros as well as other groups. From January 1981 through Septemer 1987 I served in Chicago as one of several case agents for FALN investigations.

Between June, 1975 and November, 1979, the FALN claimed credit for nineteen bombing and six incendiary attacks in the Chicago area. These included bomb targets such as the woman’s washroom in a hotel restaurant, (9/76), the bombing of the city-county building, (6/77), and Sears Tower (10/75). These bombings, credit for which was claimed by written communique or telephone calls, were frequently coordinated with bombings in New York, and eventually with actions on the island of Puerto Rico. The communiques stated such things as “ a free and socialist Puerto Rico, if necessary, will be written in red blood” and “attempts to suppress it’s offensive would be met with “revolutionary violence”

While initially law enforcement was unable to identify the FALN, in late 1976 a “bomb factory” was discovered in Chicago. This led to identification of Carlos Torres and Oscar Lopez as persons who controlled an apartment in which explosives tied to FALN bombings and FALN communiques were found.

In January, 1980, the FALN conducted an armed assault on the Oak Creek National Guard Armory in Wisconsin. Employees were threatened at gunpoint and one round was discharged in an unsuccessful effort to obtain access to the weapons vault.

In March, 1980 the FALN conducted a takeover of the Carter-Mondale campaign headquarters. Workers in that office were held at gunpoint while the office was ransacked and spray painted. Lists of delegates to the convention were stolen and threatening letters subsequently were mailed to many of them.

On April 4, 1980, eleven FALN members were captured in Evanston, Illinois as they were preparing to conduct an armed robbery of an armored car. Among those arrested was Carlos Alberto Torres, renter of the bomb factory found in 1976. Also among those arrested was Freddie Mendez, a relatively new recruit to the FALN. The arrests led the location of numerous safehouses through out the U.S. including those in Milwaukee, Wisconsin and Newark, N.J. Searches of these safehouses yielded weapons and explosives and bomb paraphernalia tied to the claimed FALN bombings. Mr. Mendez, along with nine other FALN members, was tried and convicted of seditious conspiracy. Throughout the trial the FALN members refused to participate in the proceedings, claiming that the U.S. Government had no authority over them.

Following his conviction, but prior to sentencing, Mr. Mendez reached out for U.S. Government authorities. Mr. Mendez subesquently cooperated with the government and provided significant insight into the operation of the FALN. Mr Mendez identifed each of his co-defendants as individuals who particpated in armed terrorist actions and/or the manufacture/delivery of FALN bombs.

It is Mr. Mendez testimony that identifies the purpose of the gathering of the FALN members in Evanston on April 4, 1980, as well as the actions at Carter - Mondale Headquarters and the Oak Creek National Guard Armory.

In addition to his experiences in armed assaults, Mr. Mendez also provided testimony regarding being tasked, with one other FALN member, Ricardo Jimenez, to place a bomb. Although Mr. Mendez did not ultimately participate in the placing of the device, he did travel on public transportation through Chicago with Jimenez and the live device to the intended target. As they arrived at the target late, they were unable to place the device there, and Jimenez dismissed Mendez, stating that he would take care of the matter. Mendez testified that Jimenez told him that he put the device in the washroom of a building.

Mr. Mendez also provided information as to the functioning of the FALN. He described the FALN in court as a clandestine, revolutionary Puerto Rican organization whose goal was to build a peoples war in Puerto Rico and the U.S. through armed violence. Mr. Mendez also described in testimony, details of the rigors of clandestine operations, designed to preclude one member from knowing the activities of more than just a few others, in order to minmize risk from infiltration or government cooperation. He provided details regarding the training he received in counter surveillance techniques, maintenence of a safehouse, false identification and disguises.

Between December 1981 and January, 1983, various agencies of Chicago law enforcement worked cooperatively to surveil FALN suspect Edwin Cortes. This led to the identification of an active FALN safehouse maintained by Cortes and Alejandrina Torres in an apartment at 736 W. Buena Street, Chicago. Shortly after the identification of the specific safehouse apartment, the government sought, and was granted Title III authority to place microphones in the apartment as well as to establish video surveillance within the apartment. These were established in January, and February, 1983, respectively. On March 8, 1983, Cortes and Torres were observed via the video surveillance, cleaning and loading weapons and subsequently building firing circuits for explosive devices. A search of the apartment after the subjects had left yielded approximately 24 pounds of dynamite, 24 blasting caps, weapons, disguises, false identification and thousands of rounds of ammunition. Law enforcement sought and was granted court authorization to neutralize and/or seize the weapons and explosives, and maintain notice of the searches under seal. Subsequently, law enforcement intercepted coversations between Edwin Cortes and still unidentified co-conspirators in New York to arrange for the travel of an unknown individual to Chicago. On or about March 14, 1983, after several conversations with the unknown consprators in New York, Cortes picked up a man at the airport and transported him to the safehouse. The man, referred to as Benjamin, remains unidentified. Thereafter, Cortes, and “Benjamin” met at the safehouse. They were joined by Torres and were seen gathering the weapons and other materials in the safehouse, and subsequently loading bags with materials into two vehicles, one a stolen vehicle, the other a vehicle registered in a fictitious name, and departing the safehouse apartment in the early AM hours of March 15th. Prior to leaving the safehouse Cortes made the comment to Torres that “ Yes but, she has to have it loaded and cocked further back. If they have to shoot, they can shoot..”

On March 18, 1983, as a result of analysis of Title III intercepts in the Chicago safehouse, law enforcement established a surveillance outside of the ambulance entrance to Wadsworth VA hospital, where FALN leader Oscar Lopez was to be taken that date. Lopez had complained of a malady and had been notified well in advance that he would be taken to the hospital for tests on that date. The surveillance observed Torres, Cortes and “Benjamin” moving about the ambulance entrance for over an hour, all wearing disguises. During this time, Oscar Lopez was precluded from leaving Leavenworth Prison and the ambulance which would normally arrive at the hospital in the morning hours never did arrive, due to law enforcement intervention. Eventually, Cortes, Torres and “Benjamin” left the hospital area and were surveilled to an apartment in Kansas City which had been rented in a false name. A fingerprint of Alberto Rodriguez was subsequently located on an item in this apartment.

On March 19, 1983, Cortes and “Benjamin” returned to the Chicago safehouse at 736 W. Buena Street. While there they were observed on video studying maps of the city of Pontiac, Illinios and Livingston County. FALN member Luis Rosa captured at Highland Park, Illinois following a robbery/kidnapping, was incarcerated at Pontiac State Prison. “Benjamin” subsequently left, returning to Puerto Rico. On March 22, 1983, Luis Rosa was moved from Pontiac Prison to Joliet State Prison. The next day Torres and an unidentified female travelled to the Bloomington, Illinois area, not far from Pontiac, Illinois. There, they rented an apartment under a false name. Later that same evening a telephone call between Cortes and Torres was intecepted on the Buena safehouse phone. In the conversation Cortes and Torres were overheard complaining about the “changes” made the day before.

In March, 1983, Chicago law enforcement located a second Chicago FALN safehouse located on Lunt Avenue. Edwin Cortes and FALN member Alberto Rodriguez were observed to meet there. This apartment was also penetrated with court authorized microphones and video equipment. Through intercepts at this location it was determined that they were developing plans to rob a Chicago Transit Authority (CTA), mobile safe operator of the daily collections. Cortes was subsequently observed conducting a surveillance at one of the CTA stops. In intercepted conversations between the two, the topic of whether or not underpaid guards would risk their lives was discussed. Escape routes and advantages of conducting the robbery at different potential sites was also discussed. In a May 15, 1983 conversation Alberto Rodriguez was overheard discussing ways of confronting the guard, stating they may have to “hit him upside the head” and that they may have to “shoot the guard, which makes a noise.” This plot was also diffused by Chicago law enforcement who confronted and obtained Identification from Rodriguez as he conducted a surveillance of a CTA station on March 16, 1983.

On May 27, 1983, Edwin Cortes and Alberto Rodriguez were observed moving materials from the Buena Street safehouse to the Lunt Avenue safehouse. Following the move the two were observed driving around military facilities at Foster and Kedzie, Devon and Kedzie and 74th and Pulaski in Chicago. In early June, 1983, they were observed in the Lunt apartment working with the bomb building paraphernalia previously observed at the Buena Street safehouse. During this meeting Cortes instructed Alberto Rodriguez in how to assemble a firing circuit for an improvised explosive device. In addition to working with the bomb building paraphernalia, they were overheard discussing in detail the physical layout of the Army Reserve Center and GSA facility at 74th and Pulaski, Chicago and talking about the military sites, Cortes wondering aloud how to cause the greatest incendiary damage to vehicles there. Following this meeting they again were observed conducting surveillances of a Marine base, the Army Reserve Center and two military motor pools.

On June 26, 1983, Cortes met Rodriguez at the Lunt safehouse. They were observed working with watches, pipe and pipe caps. They also tried on hats and makeup during this meeting.

On June 28, 1983, Cortes inventoried bomb components at the Lunt safehouse. These included blasting caps, dynamite, detonating cord and batteries. He and Torres met at the apartment and prepared a communique. He subsequently met Rodriguez at the apartment, outside of the presence of Torres. With Rodriguez he drew maps and diagrams and wrapped blasting caps and the explosives which law enforcement had inerted.

On June 29, 1983, Cortes, Torres, Alberto Rodriguez, and a fourth defendant, Jose Luis Rodriguez, were arrested. In comments at sentencing Judge George Layton stated, “One of the strange things about this case is that these defendants didn’t accomplish any of their purpose. The didn’t succeed in springing Oscar Lopez. They didn’t succeed in springing anybody from Pontiac Correctional Center. And they didn’t even succeed in planting the bombs. Why? Because in this case, in this court’s judgement, represents one of the finest examples of preventive law enforcement that has ever come to this court’s attention in the 20-some odd years it has been a judge and in the 20 years before that this Court was a practicing lawyer in criminal cases all over the country. Good, preventive law enforcement succeeded in keeping these defendants from doing what they were going to do. They were going to plant bombs in public buildings during a holiday.”

The co-conspirator(s) in New York and Puerto Rico were never identified.

Luis Rosado, a suspected FALN member from New York, remains a fugitive wanted on state charges in Illinois for the actions taken with FALN member Luis Rosa. Rosado failed to appear on 3/13/81.

In 1985 a plot to break FALN leader Oscar Lopez out of prison at Leavenworth Penitentiary was brought to the attention of the FBI by a cooperative witness. In that case co-conspirators were tasked to obtain weapons and explosives for use in the plot. The plot was to involve forcing a helicopter pilot to land in the yard at Leavenworth. As the escape took place, explosive charges were to be used to distract and to deter guards from taking action to prevent the escape. Co-conspriators in that case were audio taped via court authorized intercepts as they purchased what they believed to be explosives to be used in the plot from an FBI undercover agent. One co-conspirator successfully burglarized a gun store near Littleton, Colorado, to obtain weapons for use in the escape. Due to intervention by law enforcement, none of the plans came to fruition.

Testimony of
Gilbert G. Gallegos
Senate Judiciary Committee
September 15, 1999

Good morning, Mr. Chairman and distinguished members of the Senate Committee on the Judiciary. My name is Gilbert G. Gallegos, National President of the Grand Lodge, Fraternal Order of Police. The F.O.P. is the nation’s largest organization of law enforcement professionals, representing more than 283,000 rank-and-file law enforcement officers in every region of the country.

I had hoped to appear before you today to again urge the President to withdraw his offer of clemency to the sixteen convicted terrorists and members of the Armed Forces of National Liberation, or FALN to use its Spanish initials. Sadly, twelve have already accepted that clemency and eleven are at large once again. We should make no mistake--the President has used his constitutional power to release convicted terrorists, despite the opposition of Federal law enforcement officials, despite the objections from the law enforcement community and despite the pleas of the victims and families of the dead killed in their wave of bomb attacks.

Today, the F.O.P., instead of renewing its call to withdraw an offer of clemency for terrorist bombers, now joins this Senate Committee and all concerned Americans in trying to determine why this decision was made in the hopes that we can ensure that no more murderous criminals will be released so long as they make vague promises to abjure violence when they leave prison.

The F.O.P. strongly supported House Concurrent Resolution 180, offered by Congressman Vito Fossella (R-NY), which passed the House of Representatives last week in an overwhelming and bipartisan vote. Only forty-three members of Congress voted against the resolution for reasons which are unclear to me and virtually every other law enforcement officer in our country. While this resolution, or any other act of Congress cannot reverse the President’s offer, it is important that we make clear to the President the views of the law enforcement community and the American public. Political considerations should never compromise the public safety, and, as the safety of the public has been compromised in this instance, it behooves us to learn why.

Make no mistake, the FALN is a militant terrorist organization with violent, separatist goals. Between 1974 and 1983, the FALN staged a series of bombing attacks on United States political and military targets, mostly in New York City and Chicago. These acts of terrorism claimed the lives of six people, Mr. Chairman. Scores were wounded and some, including three New York City police officers, were permanently maimed by the powerful explosives planted by the FALN.

Let me describe to you a series of bomb attacks which occurred on the evening of 31 December 1982. At close to 9:30pm, a powerful explosion rocked the building at 26 Federal Plaza. Members of the New York City bomb squad arrived on the scene minutes later and just as they began their investigation, a second explosion, the blast of which could be felt blocks away, occurred at the Brooklyn Federal Courthouse. And the night was just beginning.

Moments later a third explosion ripped into police headquarters at One Police Plaza. The blast was so powerful that it blew out the heavy glass and frame of a revolving door. This bomb, however, did more than several thousands of dollars worth of structural damage to a government building. This blast hit Detective Rocco Pascarella, blowing away most of his left side. Detective Pascarella survived the blast, but he lost his left leg, his left ear and his left eye.

Detectives Anthony S. Senft and Richard Pastorella of the New York City Police Department, who had been on the scene to investigate the aftermath of the earlier blasts now realized that there were more bombs in the area. The streets were clogged with New Year’s Eve revelers, many of whom did not speak English and did not recognize the plain-clothes detectives as police. Many of these innocent by-standers had to be bodily removed from the scene.

With much precious time having elapsed, the two detectives prepared to disarm one of the bombs. It went off in their face.

Detective Senft was blown backward eighteen feet into the air. He found himself blind and deaf with a fractured right hip, his face riddled with concrete, metal and other debris. Extensive surgery eventually allowed Detective Senft to recover some of the sight in his left eye and some of the hearing in his left ear.

Detective Pastorella was not so lucky. The explosion tossed him twenty-five feet, blew off all the fingers on his right hand and left him blind in both eyes. He has had thirteen major operations and twenty titanium screws inserted just to hold his face together.

While most people watched the ball drop in Times Square or on their television sets, these three officers were fighting for their lives in emergency surgery.

It is true that none of the sixteen terrorists offered clemency by President Clinton were convicted of placing any of the bombs that ripped through New York City on that tragic New Year’s Eve. Yet the claims of this White House that none of them were involved in violence, nor directly involved in any deaths or injuries is not only false and self-serving, but a slap in the face to the families of the six dead and the scores of wounded and maimed victims. Law enforcement officials worked hard to get these terrorists behind bars--not to extract a promise from them to swear off their evil ways and send them on their way. It might be remembered that the wave of violence and murder which ruled Chicago ended when Al Capone was convicted of tax evasion, just as the wave of bombing attacks in the United States ended when these sixteen were imprisoned. Should Al Capone also have been granted clemency because he was “not directly involved” with any deaths?

Let me review for the record the names and crimes of these sixteen terrorists and then allow you to judge for yourselves whether or not these individuals were “not involved” with the violent acts of the group they formed.

- Elizam Escobar, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Escobar was sentenced to sixty years, and has been released. The President commuted his total effective sentence to less than twenty-five years.

- Ricardo Jimenez, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Jimenez was sentenced to ninety years, and has been released. The President commuted his total effective sentence to twenty-five years.

-Adolfo Maltos, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Maltos was sentenced to seventy years, and has been released. The President commuted his total effective sentence to less than twenty-five years.

- Dylcia Noemi Pagan, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Pagan was sentenced to fifty-five years, and has been released. The President commuted her total effective sentence to twenty-six years.

- Alicia Rodriguez, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Alicia Rodriguez was sentenced to fifty-five years, and has been released. The President commuted her total effective sentence to four years.

- Ida Luz Rodriguez, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Ida Luz Rodriguez was sentenced to seventy-five years, and has been released. The President commuted her total effective sentence to twenty-three years.

- Luis Rosa, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)), and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Rosa was sentenced to seventy-five years, and has been released. The President commuted his total effective sentence toless than five years.

- Carmen Valentin, convicted on 18 February 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)), and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Valentin was sentenced to ninety years, and has been released. The President commuted her total effective sentence to less than twenty-five years.

- Alberto Rodriguez, convicted on 4 October 1985 of seditious conspiracy (18 U.S.C. 2384), conspiracy to make destructive devices (18 U.S.C. 371 and 26 U.S.C. 5861(f), possession of an unregistered firearm (18 U.S.C. 5861(d)), possession of a firearm without a serial number (26 U.S.C. 5861(I)), and conspiracy to obstruct interstate commerce by robbery (18 U.S.C. 1951);

Alberto Rodriguez was sentenced to thirty-five years, and has been released. The President commuted his total effective sentence to twenty-six years.

- Alejandrina Torres, convicted on 4 October 1985 of seditious conspiracy (18 U.S.C. 2384), possession of an unregistered firearm (18 U.S.C. 5861(d)), conspiracy to make destructive devices (18 U.S.C. 371 and 26 U.S.C. 5861(f), unlawful storage of explosives (18 U.S.C. 842(j)), and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

Torres was sentenced to thirty-five years, and has been released. The President commuted her total effective sentence to twenty-six years.

- Edwin Cortes, convicted on 4 October 1985 of seditious conspiracy (18 U.S.C. 2384), possession of an unregistered firearm (18 U.S.C. 5861(d)), conspiracy to make destructive devices (18 U.S.C. 371 and 26 U.S.C. 5861(f), unlawful storage of explosives (18 U.S.C. 842(j)), interstate transportation of a stolen vehicle (18 U.S.C. 2312), possession of a firearm without a serial number (26 U.S.C. 5861(i)) and conspiracy to obstruct interstate commerce by robbery (18 U.S.C. 1951);

Cortes was sentenced to thirty-five years, and has been released. The President has commuted his total effective sentence to twenty-six years.

- Juan Enrique Segarra-Palmer, was convicted on 15 June 1989 of robbery of bank funds (18 U.S.C. 2113(a)), transportation of stolen money in interstate and foreign commerce (18 U.S.C. 2314), conspiracy to interfere in interstate commerce by robbery (18 U.S.C. 1951), interference with interstate commerce by robbery (18 U.S.C. 1951), and conspiracy to rob Federally insured bank funds, commit a theft from an interstate shipment, and transport stolen money in interstate and foreign commerce (18 U.S.C. 371);

Segarra-Palmer was sentenced to fifty-five years and a $500,000 fine. He has been released and the unpaid balance of his fine waived. The President commuted his total effective sentence to less than thirty years.

- Roberto Maldonado-Rivera, was convicted on 9 June 1989 of conspiracy to rob Federally insured bank funds, commit a theft from an interstate shipment, and transport stolen money in interstate and foreign commerce (18 U.S.C. 371); and

Maldonado-Rivera was sentenced to five years in prison and a $100,000 fine. The President has waived the unpaid balance of this fine.

- Norman Ramirez-Talavera, was convicted on 9 June 1989 of conspiracy to rob Federally insured bank funds, commit a theft from an interstate shipment, and transport stolen money in interstate and foreign commerce (18 U.S.C. 371).

Maldonado-Rivera was sentenced to five years in prison and a $50,000 fine. The President has waived the unpaid balance of this fine.

-Oscar Lopez-Rivera, was convicted on 11 August 1981 of seditious conspiracy (18 U.S.C. 2384), interference with interstate commerce by threats or violence (18 U.S.C. 1951), possession of an unregistered firearm (18 U.S.C. 5861(d)), carrying firearms during the commission of seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(b)), interstate transportation of firearms with the intent to commit seditious conspiracy and interference with interstate commerce by violence (18 U.S.C. 924(c)) and interstate transportation of a stolen vehicle (18 U.S.C. 2312);

- Oscar Lopez-Rivera, was convicted a second time, on 26 February 1988 of conspiracy to escape, to transport explosives with intent to kill and injure people, and to destroy government buildings and property (18 U.S.C. 371 and 1952(a)(3)), aiding and abetting travel in interstate commerce to carry on arson (18 U.S.C. 2 and 1952(a)(3), and using a telephone to carry on arson (18 U.S.C. 1952(a)(3));

Lopez was sentenced to fifty-five years and fifteen years, respectively. He has rejected the offer of clemency, which would commute his total effective sentence from seventy to forty-four years.

- Antonio Camacho-Negron, was convicted on 9 June 1989 of foreign transportation of stolen money (18 U.S.C.2314), and conspiracy to rob Federally insured bank funds, commit a theft from an interstate shipment, and transport stolen money in interstate and foreign commerce (18 U.S.C. 371);

Camacho-Negron was sentenced to fifteen years and a $100,000 fine. He was released on parole after serving some time, but returned to prison in February 1998 for again becoming active in the FALN. He has rejected the President’s offer of clemency, which would have remitted the unpaid balance of his fine.

As I mention here, the last two did not accept the President’s offer. While we can all be grateful that there are two less terrorists on the streets than the President wanted, the very fact that they were given the opportunity to reject such an offer is a slap in the face to law enforcement officers everywhere.

President Clinton offered these terrorists clemency on 11 August and attached certain conditions to their release. First, each must submit a signed written statement requesting the commutation of the sentence. They must agree to abide by all conditions of release imposed by law or the Parole Commission, and renounce the use or threatened use of violence for any purpose.

It took them almost a month to agree to these terms. Why? Perhaps because they were negotiating a better deal. This in and of itself is astounding--that Federal inmates accused of such serious crimes were in a position to negotiate with the White House about the terms of their release. While the specifics of those negotiations remain unknown, I wonder what conditions they objected to. Did they not wish to renounce violence as the means through which to achieve their separatists goals?

Let us examine for a moment, the crimes for which these terrorists were convicted, because, as the President reminds us, none of the above were convicted of killing or injuring anyone. The first and most serious crime is seditious conspiracy. At one time in United States history, sedition and seditious conspiracy, which is plotting against or carrying out acts of war or sabotage against the United States, was a hanging offense. In 1942, by order of President Roosevelt, eight men were arrest, tried and executed for seditious conspiracy and sabotage. Now, fifty years later, sentences of less than twenty years are viewed as too harsh.

Other offenses for which these violent would-be revolutionaries were convicted include a variety of explosive and firearms offenses. This Administration cannot seem to decide what message to send--it has continually pushed for new gun control laws, has utterly failed to enforce the ones on the books and now, it seems, it is willing to grant clemency even to those offenders who commit those crimes. In my opinion, the more we examine this case the less it makes sense.

A week prior to the offer of clemency for these terrorists, Secretary of State Madeline Albright, speaking on the anniversary of the deadly U.S. Embassy bombings in Africa, vowed to wage an all-out war against terrorism. Did that policy change in just a week? Should our Secretary of State have instead promised to wage an all-out effort to get terrorists to promise to renounce violence?

What message are we sending to terrorists--domestic and foreign, and what message are we sending to those violating our gun laws?

Buford O. Furrow, Jr., the man who shot and wounded five at a Jewish Community Center and murdered a U.S. Postal employee was in violation of numerous firearms laws. Yet this has not stopped the Administration or others from pointing to this tragedy to score political points in favor of additional gun control.

Mr. Furrow is a racist who committed this heinous act as, in his words, “a wake-up call to America to kill Jews.” His repugnant crimes include many of the same crimes for which the FALN terrorists were convicted--felony possession of a firearm and car jacking to name a few. Will Mr. Furrow be granted clemency next? How were his crimes any different than that of the FALN terrorists? Like Mr. Furrow, they chose specific targets--government buildings and government employees. The 1975 bombing of Fraunces tavern was aimed at businessmen, whom the FALN termed “imperialistic capitalists,” whose companies did business with Puerto. These, too, are crimes of hate--a “wake-up call” in a war of nerves between the Federal government and these violent Puerto Rican separatists. The Administration is pushing hate crimes legislation with one hand, and setting free criminals guilty of similar crimes with the other.

Consider the text of S. 1406, a bill introduced by you. Mr. Chairman to combat hate crimes:

`Sec. 249. Interstate travel to commit hate crime

`(a) IN GENERAL- A person, whether or not acting under color of law, who--

`(1) travels across a State line or enters or leaves Indian country in order, by force or threat of force, to willfully injure, intimidate, or interfere with, or by force or threat of force to attempt to injure, intimidate, or interfere with, any person because of the person's race, color, religion, or national origin; and

`(2) by force or threat of force, willfully injures, intimidates, or interferes with, or by force or threat of force attempts to willfully injure, intimidate, or interfere with any person because of the person's race, color, religion, or national origin, shall be subject to a penalty under subsection (b).

`(b) PENALTIES- A person described in subsection (a) who is subject to a penalty under this subsection--

`(1) shall be fined under this title, imprisoned not more than 1 year, or both;

`(2) if bodily injury results or if the violation includes the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title, imprisoned not more than 10 years, or both; or

`(3) if death results or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill--

`(A) shall be fined under this title, imprisoned for any term of years or for life, or both; or

`(B) may be sentenced to death.'.

These terrorist chose their targets on the basis of national origin. They used firearms and explosives to kill Americans, whom they falsely perceived to be keeping Puerto Rico in colonial bondage. Does the Administration want to punish hate crimes, or release the practioners of hate crimes? If Senator Hatch’s legislation were law, they could have been sentenced to death.

The Administration strongly supports S. 622, which also would have resulted in life sentences for these terrorists:

SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

Section 245 of title 18, United States Code, is amended--

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following:

`(c)(1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--

`(A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and

`(B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if--

`(i) death results from the acts committed in violation of this paragraph; or

`(ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

Under Senator Kennedy’s legislation, these terrorists, who targeted Americans could have been sentenced to life. Instead, all have been released by the President after serving only a fraction of their sentences.

The President would have us believe that the sentences for the FALN bombers were unusually harsh. The President also noted that human rights leaders like Archbishop Desmond Tutu urged that these criminals had served enough time for their violent crimes. I might remark at this time that Archbishop Tutu also advocates the release of Mumia Abu-Jamal, a convicted cop-killer who murdered Philadelphia Police Officer Daniel Faulkner in 1981. He was convicted in 1982, and had Post-Conviction Relief Act (PCRA) hearings in 1995, 1996 and 1997. On each of those three occasions, the Pennsylvania Supreme Court upheld the conviction and the death sentence. Will he be offered clemency next? Why is it, Mr. Chairman that these so-called “human rights” activists are so selective about who is entitled to these rights? What about Danny Faulkner and his widow Maureen? What about Tom and Joe Connor, whose father was killed by the FALN? What about Detectives Pascarella, Senft and Pastorella ? Do they not have a rights in the view of these advocates? I reject, Mr. Chairman, that there was any injustice in the sentences of these sixteen terrorists and I reject any suggestion that we ought to free those who aim to wage a war of terror to achieve political ends. If this puts me at odds with President Clinton and others, then so be it.

It should also be remembered that President Carter pardoned three Puerto Rican nationalists who were convicted in a 1954 shooting attack on the U.S. House of Representatives that wounded five law makers. Two Congressional pages who were on the floor at the time of the attack later were later elected to Congress--the late Bill Emerson (R-MO) and Representative Paul E. Kanjorski (D-PA). A fourth nationalist, convicted of the murder of a Federal law enforcement officer, attempted assassination of President Harry S Truman and assault with the attempt to kill in 1950, was also pardoned by President Carter in 1979. We disagreed with President Carter’s decision then, as we disagree with President Clinton’s now--nationalists whose love of country can only be expressed by shooting sprees, assassination plots and bombing attacks are nothing more than terrorists.

At the time of the President’s offer of clemency, Congress was out of session. I, along with nearly four thousand members of the Fraternal Order of Police representing law enforcement officers from every region of the country, were at our 54th Biennial Conference. This Administration seems to have a penchant for making bad decisions when they know media coverage will be scarce.

In any case, in part because of the efforts of the Fraternal Order of Police, the story, once confined to single paragraph Associated Press news bulletins, grew. By the next week, the offer was front page headlines, with news and political commentators speculating that the offer was a calculated attempt to appeal to the 1.3 million voters of Puerto Rican descent in the State of New York, where the First Lady may run for a Senate seat. In my own letter to the President on 18 August, I urged him not to play politics with terrorists and admonished him that releasing violent criminals was no way to gain votes or appeal to racial pride. I have yet to receive an answer or even an acknowledgement of the letter I sent.

By 25 August, the offer of clemency was a national story, prompting the White House to issue a statement: “There is absolutely no connection between the President’s decision here and [the First Lady’s] possible campaign.” Ten days later, the First Lady publicly urged the President to rescind his offer. Of course, the terrorist accepted the offer three days later on 8 September.

Whether or not the offer of clemency was indeed made with the aim of helping the First Lady’s potential campaign for the Senate, I cannot say. I can say that I do not understand what possible motive the President could have--releasing terrorist to gain votes for his wife makes no more sense to me than does the claim that it was an attempt to appease “human rights” advocates.

The First Lady now acknowledges that she mishandled the issue and should have met with the supporters of the terrorists to explain her opposition before announcing it. This, too, is something I don’t understand. Supporters of these terrorists had a sit down meeting with the Attorney General of the United States. The terrorists themselves were permitted a conference call to discuss the President’s offer. And yet, like me, the maimed law enforcement officers cannot even get the President or the Department of Justice to acknowledge their letter. This, Mr. Chairman, is a disgrace.

Thus, we are still left with the question--why?

We also must factor into our consideration the clemency process, described by Presidential spokesperson Joe Lockhart as “painstaking.” Be that as it may, according to published reports, the clemency offer was opposed by the Federal Bureau of Investigation and the former prosecutors, U.S. Attorneys, who brought the cases against these terrorists. The most noteworthy news reports, however, revolve around the position of the Bureau of Prisons, an agency which only very rarely participates in pardon or clemency debates. In this case, they did take a position and recommended strongly against the offer. The reports of the tape recordings on which these bombers discussed a return to their

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STATEMENT OF DETECTIVE ROCCO PASCERELLA BEFORE THE SENATE COMMITTEE ON THE JUDICIARY HEARING ON FALN CLEMENCY SEPTEMBER 15, 1999

Testimony of William P. Newhall September 15, 1999

STATEMENT OF SPECIAL AGENT (RET.) DONALD R. WOFFORD BEFORE THE SENATE COMMITTEE ON THE JUDICIARY HEARING ON FALN CLEMENCY SEPTEMBER 15, 1999

STATEMENT OF SPECIAL AGENT (RET.) RICHARD S. HAHN BEFORE THE SENATE COMMITTEE ON THE JUDICIARY HEARING ON FALN CLEMENCY SEPTEMBER 15, 1999

Testimony of Gilbert G. Gallegos Senate Judiciary Committee September 15, 1999

STATEMENT OF

DETECTIVE ROCCO PASCERELLA

BEFORE THE SENATE COMMITTEE ON THE JUDICIARY

HEARING ON FALN CLEMENCY

SEPTEMBER 15, 1999

Testimony of
William P. Newhall
September 15, 1999

STATEMENT OF

SPECIAL AGENT (RET.) DONALD R. WOFFORD

BEFORE THE SENATE COMMITTEE ON THE JUDICIARY

HEARING ON FALN CLEMENCY
SEPTEMBER 15, 1999

STATEMENT OF

SPECIAL AGENT (RET.) RICHARD S. HAHN

BEFORE THE SENATE COMMITTEE ON THE JUDICIARY

HEARING ON FALN CLEMENCY

SEPTEMBER 15, 1999

Testimony of
Gilbert G. Gallegos
Senate Judiciary Committee
September 15, 1999