HAL NETKIN
COMMUNITY ACTIVIST
P.O. BOX 3465, VAN NUYS, CA 91407
tel 818-989-2201
E-mail: LAwatchdog@pacbell.net

April 15, 2004

9/11 Commissioner John F. LehmanSent certified, signature required
J.F. Lehman & Company
2001 Jefferson Davis Highway, Suite 607
Arlington, VA 22202
Phone: (703) 418 - 6095

Dear Mr. Lehman:

In listening to the 9/11 Commission Hearings, you asked this question of Condoleezza Rice:

LEHMAN:
"Were you aware that it was the U.S. government established policy not to question or oppose the sanctuary policies of New York, Los Angeles, Houston, Chicago, San Diego for political reasons, which policy in those cities prohibited the local police from cooperating at all with federal immigration authorities?"
RICE:
"I do not believe I was aware of that."

Los Angeles IS a sanctuary city.

Before continuing this report, I want to make very clear an important point:

There is no question that beyond breaking federal immigration law, most illegal aliens are not criminals nor do they pose a security threat to the U.S. The problem is that law enforcement has no way to tell the good illegal aliens from the bad ones, as is made clear by the LASD's (Los Angeles Sheriff's Department) Sheriff Baca's own 2000 study which shows that 23 percent of the county jail inmate population are illegal aliens who should have been deported before they had a chance to commit their crimes (Attachment 0: County Inmates).

Special Order 40
The most egregious element of the sanctuary policies awarded to illegal aliens is the LAPD's "Special Order 40." Special Order 40 is not a law which can be challenged through the courts. LAPD's "Special Orders" can only be created, amended or repealed by the Chief of Police -- now Chief William Bratton. Special Order 40 originated in 1979 to prevent police from randomly inquiring about the immigration status of innocent victims and/or witnesses of crimes. But the LAPD misuses Special Order 40 in a way that rewards many gang members and criminals known to be illegally in the U.S. who are NOT so called innocent victims or witnesses, with the privilege of keeping their immigration status secret. Special Order 40 is good news for terrorists who don't like to be questioned about their immigration status.

Both the LASD and the LAPD do on occasion turn illegal alien suspects over to the ICE (Immigration and Customs Enforcement), but ONLY if the suspect was charged with a crime first -- that is like buying insurance after the accident. While LAPD traffic officers routinely run  "makes" on drivers stopped for minor traffic violations, they are not permitted under Special Order 40 to inquire into the driver's immigration status -- even when there is probable cause.

When on December 16, 2002, at a town hall meeting, I asked Police Chief Bratton why he didn't repeal Special Order 40 to lower the gang member population, he said that Special Order 40 was a city policy and he could work with it in place.

Mexican Matricula Consular ID
The Mexican Government has been illegally lobbying the City of Los Angeles to accept as valid identification, the Mexican ID card known as the Matricula Consular. The only Mexicans in need of the Matricula IDs are those who are illegally in the U.S. -- all others legally present, have a passport or green card as acceptable identification by the U.S. federal government.

In spite of the fact that Los Angeles is clearly in violation of the U.S. Constitution, Section 8, Clause 3, which states: "No State shall, without the Consent of Congress, ...enter into any Agreement or Compact with another State, or with a foreign Power...", the Los Angeles City Council with no objection from LAPD Chief Bratton, voted to accept the Matricula card as an official identification for Mexican nationals, in spite of the fact that there is absolutely no way to verify the information on the card's holder. As a guest on a local talk show, Ex-cop Los Angeles Councilman Dennis Zine said on May 15, 2002, that the Mexican government has a series of checks and balances to guarantee the validity of the IDs. But  Zine would not elaborate as to what those "checks and balances" are -- because there are none! In that same interview, Zine said that the ID was undergoing a six month pilot program to test its effectiveness. (Attachment 1: RealAudio sound clip of Zine interview)

In January of 2003, I requested, from the LAPD, under the California Public Information Act, information about the preceding six month pilot program to test the Matricula ID (has since been permanently accepted). I asked the LAPD the following two questions:

1.  During the six month test period, how many persons were cited for infractions whose only form of identification was the Matricula Consular ID?

2.  During that six months, how many persons were arrested whose only form of identification was the Matricula Consular ID?

The LAPD answered by saying that the Matricula ID pilot program was NEVER tested (Attachment 2: Matricula Never Tested).

On April 8, 2004, 88 illegal aliens boarded an airliner from Los Angeles to Newark, NJ, using counterfeit Matricula IDs. We don't know if any of the aliens were terrorists, but what we do know is that any terrorist could have easily obtained a counterfeit Matricula and boarded any domestic American flight (Attachment 3: Windows Media Video clip - Lou Dobbs).

Previous claims by Ex-cop Councilman Zine that the Mexican consulate does a background check of all Matricula Consular ID card holders is based on hearsay -- there is no such background check. I should know, as I have a brother-in-law in the U.S. illegally, who holds a "genuine" Mexican Matricula ID card.

While Councilman Zine says that the problem of illegal immigration is strictly that of the INS, he seems to be oblivious to the fact that when the City of Los Angeles negotiates with a foreign country to accept that country's identification for its nationals, the city is itself making immigration policies.

And of course, there is no local background check of the Matricula card holders. But even if there were, a criminal alien who arrived last week has no criminal history on file in the U.S. It is noteworthy that a postmortem background check of all nineteen 9-11 terrorists who all had valid driver's licenses, revealed that they did not have any criminal record. That shouldn't be surprising since there was no criminal history on any of them in the U.S.

The Matricula cards are easily forged and are sold in the open in the MacArthur park area of Los Angeles. Moreover, a detective in the "Forgery" section of the LAPD told me that since the cards do not bear a government seal on them (foreign seals are not acceptable), it is not even illegal to have them in one's possession -- even if the information contained is false.

To impress upon you how easily Matricula cards can be obtained, I have enclosed one with your picture on it  (Attachment 4: Fake Matricula). It was obtained from a fake document salesman with relative ease, with no questions asked. Experts might be able to tell the difference between the "real" Matricula and a fake one, but obviously, the Continental Airlines agents who allowed 88 illegal aliens to board the plane, weren't experts.


City Sponsored Day Labor Centers.
According to the Los Angeles' Community Development Department, they fund six hiring centers throughout Los Angeles with public money, run by two non profit corporations, IDEPSCA (Institute of Popular Education of Southern California) and CHIRLA (Coalition for Human Immigrants' Rights of Los Angeles), at a cost of one million dollars a year. (Attachment 5: N. Hollywood day labor center)

At a community meeting dealing with the West Los Angeles Day Labor Center, its director admitted openly that the center had a "don't ask, don't tell" policy with regard to the immigration status of the workers. At the bottom of the workers application form which does not ask for a Social Security number or an IRS ITIN (Individual Tax payer Identification Number), a disclaimer in both Spanish says, "This information is strictly confidential and will be used only internally in our office. This personal information won't be shared with any governmental agency or private agency under any circumstances." (Attachment 6: Registration Form)

When I asked the Senior Police Lead Officer Phillip Enbody who represents the LAPD at the meetings if he was privy to the background information of the day laborers, incredibly, he said "no." His presence at the meetings appears to be only a symbolic gesture of approval. According to the Center's official (Dulce), the information would be available to Officer Enbody if he needed it. But other than Dulce's word, there is no way of verifying ANY information on any workers and there isn't even any proof that such information even exists. Nor do the centers require any information on the contractors who hire the workers.

These "safe havens" are ideally suited to criminals and terrorists such as Rafael Resendez-Ramirez, the so called "Railway Killer" known to be a day laborer who, while evading four murder warrant arrests (when caught, he had murdered eight times) may have found safe haven in day labor centers.

Not only do the centers provide a safe haven for illegal aliens, they are also "ideal" for deadbeat dads. Following one of the center's meetings, I interviewed a non-Hispanic American Citizen day laborer who worked at the WLA Job Center. I asked him why he didn't get a regular job. He told me that he quit a regular job because his wages were being garnished for money he owed for child support, and knew that the WLA Job Center didn't ask questions or require a social security number -- he knew that he would not have tax deductions and would not be traceable -- as Rafael Resendez-Ramirez was not traceable.


Illegal Vending
Hundreds of illegal vendors can be found daily on Los Angeles' streets and sidewalks selling their products (mostly homemade food) with total impunity from the LAPD (and the County Health Department, and L.A. Department of Building and Safety). The LAPD does not pro-actively enforce the law against illegal street vending -- that is, they don't do anything about the problem when they see it, but instead conduct infrequent street sweeps. The LAPD's claim that they cite illegal vendors on these sweeps is in conflict with what I witnessed on two sweep ride-alongs, the last being on June 14, 2001. Confirming what I already knew, the LAPD has a policy of not citing illegal vendors if they cannot produce identification. Other than the confiscation of the vendors' goods, the vendors are simply allowed to "walk." The vendors knowing this, make it a point never to carry IDs... (Attachment 7: illegal vendors).

With the LAPD's "no ID and walk" policy, any FBI or INS database, no matter how sophisticated, is useless and could allow a fugitive alien terrorist posing as an illegal vendor to slip through their fingers. LAPD's "no ID and walk" policy is tailor made for terrorists who might try to mass murder the populace through anthrax or other poison in distributed food -- or perhaps a concealed bomb set off in a highly populated area.


Los Angeles' Sanctuary Culture
Los Angeles has a history of extending benefits to illegal aliens it knows nothing about.

According to the Sep 18, 2003, issue of the Los Angeles Times, Chief Bratton backed ex-Governor Davis' signing of a driver's license bill for illegal aliens who would not have to have gone through any background check whatsoever. Without any concern for national security, Bratton said he backed the measure because it would allow such drivers to buy insurance and not feel they need to flee the scene of accidents -- never mind that it would give a new unquestioned identity to many illegals about whom the LAPD knows nothing.

To L.A. Councilman Antonio Villaraigosa, awarding driver licenses to illegal aliens trumps national security concerns. At the 1997 Southwestern voter project meeting, when addressing a group of prominent Latino politicians, Villaraigosa said  "...Because you know what? It's not enough to elect Latino leadership if they're supporting legislation that denies the undocumented drivers licenses, they don't belong in office friend, they don't belong here." 9/11 didn't change his mind, as he is still pushing for driver licenses for illegal aliens (Attachment 8: RealAudio sound clip Villaraigosa: Licenses for illegals)

In June of 2002, according to the Los Angeles Daily News, City Attorney Rocky Delgadillo announced that should the Bush administration ask local government to help enforce federal immigration law, L.A. would not cooperate (Attachment 9: Outlaw City).

To the question by one senior at a Seniors for Action meeting in Sherman Oaks, on July 31, 2003, L.A. County when Supervisor Zev Yaroslavsky was asked why he favored driver licenses for illegal aliens. Yaroslavsky's response to the question: "...Let me ask you, what are you afraid of?"

The Los Angeles City council is so determined NOT to cooperate with the federal government, that as reported in the September 17, 2003, issue of the L.A. Daily News, the council voted 13-0 at the request of Ex-cop Councilman Dennis Zine, to testify in Washington, D.C., against HR2671, the Clear Law Enforcement for Criminal Alien Removal Act (Attachment 10: Zine goes to Washington).

All this far-fetched? Not nearly as far-fetched as learning to fly an airliner into a high rise building.

National Ignorance
Condoleezza Rice said that she isn't aware of the government's established policy that certain cities like Los Angeles are Sanctuary Cities -- but she should be.

On September 17, 2001, I sent a letter similar to this one to then Acting FBI Assistant director Ronald Iden with copies to the following:

President George W. Bush (sent certified signature required)
Attorney General John Ashcroft (sent certified signature required)
Governor Gray Davis (sent certified signature required)
Los Angeles Mayor Jim Hahn
Los Angeles City Attorney Rocky Delgadillo
LAPD Chief Bernard Parks (now L.A. City Councilman)
Los Angeles Councilwoman Cindy Miscikowski
All other L.A. Councilpersons (via EMAIL)
Tom Pruett, L.A. Department of Building & Safety (via EMAIL)
Other unnamed recipients

On December 8, 2001, I again sent a letter similar to this one to then newly appointed Director of Homeland Security, Tom Ridge, with copies to the following:

(some by email): LAPD Lt. Horace Frank
LAPD Commander Paniccia
L.A. County Supervisor Zev Yaroslavski
L.A. County Sheriff Baca
LAPD Police Chief Parks
Los Angeles Mayor Hahn
Los Angeles City Atty Delgadillo
LAPD Captain McNamara
Councilwoman Cindy Miscikowski
All Los Angeles City council members
Other unnamed recipients

Not one of the above ever even acknowledged my warnings.

Maybe after the next terrorist disaster takes place in L.A.or other sanctuary city, I will be called as a witness to a commission wanting to know why everyone was asleep.

Sincerely,

Hal Netkin


CC:
Condoleezza Rice (sent certified signature required)
LAPD Police Chief William Bratton (sent certified signature required)
Lou Dobbs, CNN News (sent certified signature required)
LAPD John Miller of Bureau of Homeland Security (sent certified signature required)
L.A. City Attorney, Rocky Delgadillo
Ex-Police Chief Bernard Parks
Ex-cop Councilman Dennis Zine
All County Supervisors (By email)
All Los Angeles City Council members (By email)
The John & Ken Radio Talk Show
Other unnamed recipients.
Posted on www.BrattonMustGo.com
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NOTE: As of May 13, 2007, neither John Lehman nor any of the copied recipients replied to this letter.