Darlene Fitzgerald
Fri Jun 15, 2007 16:47

Government Darlene Fitzgerald
June 2, 2007

My name is Darlene Fitzgerald and I have over 20 years of combined law
enforcement experience in the military, private industry and as a
Special Agent, and in 1999 I resigned in protest because I refused to
work for an agency that is worse than the people I put in jail.

In 1998 I was in charge of a U.S. Customs task force operating an
extensive investigation called Operation Rite Rail. We uncovered tons
of narcotics and contraband being facilitated into the U.S. from
Mexico via railroad tanker cars - with the apparent approval of U.S.
Customs managers. Just a little over a year ago this resulted in the
landmark civil case in federal court: Fitzgerald - Nunn Vs. Department
of Homeland Security.

At this trial supervised by now-fired US Attorney Carol Lam, Superior
Court Judge Yvette Palazuelos took the stand and made history by being
the first sitting Judge ever to testify against the U.S. Government.

The essential fact of my testimony, corroborated by other credible
Special Agents and managers, is that high-level Customs managers shut
down my investigation into narcotics smuggling.

I had already seized 8000 pounds of marijuana and 34 kilos of uncut
cocaine in just one pressurized railroad tanker car. I had in my grasp
five cars imported from Mexico that were improperly manifested as
"empty", yet contained 25 to 40 tons of suspect contraband. They had
been sent from the same front company in Mexico where the previously
seized tanker car was from, and I had high-level information from a
reliable informant as to the contents of these five cars. Yet I was
ordered off the case and told to shut down my operation.

At the trial, Assistant Special Agent in Charge (ASAIC) Gary Pinkava
took the stand for Customs and admitted without elaboration that he
would not allow me or my supervisor to pressure test, at no charge to
the government, these highly suspected tanker cars. This would have
been the largest seizure on record for any agency (25 to 40 tons), and
it was under the command and control of ASAIC Pinkava.

Subsequently, as testified to by numerous witnesses, these tanker cars
were released into the commerce of the U.S., uninspected by anyone.

Evidence of the following was most certainly exposed at the trial:
Witness tampering, Facilitation of the importation of 25 to 40 tons of
contraband into the U.S., Perjury, Misprision of Felony, and possible
Subornation of Perjury.

This evidence was sufficient to warrant the initiation of a grand jury
investigation – yet there was none. All of these crimes remain
Un-investigated! Complete transcripts of this trial testimony may be
read at www.BorderGate.net.

What my task force and I also exposed is the horrendous national
security terrorist threat that these tanker cars pose to our nation.
Timothy McVey blew up the Federal Murrah Building in Oklahoma City
with about one ton of ammonium nitrate in an unsealed-cargo truck.
This cowardly attack killed scores of people and resulted in over
eleven damaged buildings being torn down. Yet a terrorist can put
forty times this amount of ammonium nitrate in a railroad tanker car
and pressurize it. This would create what is essentially the world's
largest "pipe bomb."

It is important to note that there have been no other rail tanker car
seizures since that done by my task force in 1998. Have the drug
smugglers and terrorists simply quit trying to enter the U.S., or have
they been operating freely with the assistance of corrupt managers
within the Department of Homeland Security (DHS).

The real victims here are all of the brave whistleblowers who have
come forward with important information that exposes threats to our
national security in which I have chronicled in my recently released
book entitled "BorderGate." Most recently my fellow Whistleblower John
Carman was arrested by the FBI for what appears to many to be a clear
case of entrapment in order to shut him up.

This is the same FBI office that John and I have repeatedly exposed in
the media for failing to investigate the facts revealed in

What has happened, and continues to happen to all of the
Whistleblowers in the BorderGate story is not only wrong, but it
places our country at grave risk as well. All we can do is put the
facts before you. Henceforth, nobody can say they were unaware of what
is going on.

To quote the famous French free thinker Voltaire, "Being right is
dangerous when it is government that is wrong."

How sad is it that so many years later this is still true today.

Editor's Note: Ms. Fitzgerald urges all who choose to do so to contact
the House Judiciary Committee and urge them to investigate this lack
of action.

Darlene Fitzgerald has more than 20 years of successful experience in
criminal justice: Military, federal law enforcement, and private
industry. She is an honorably discharged, decorated veteran who served
her country not only as a Captain in the U.S. Army Military Police
Corps, but as a U.S. Customs Special Agent fighting on the front lines
of the War on Drugs.


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