By Trevor Bach
By Francisco Alvarado
By Trevor Bach
By Michael E. Miller
By Allie Conti
By David Villano
By Jose D. Duran
By Michael E. Miller
Even if one forgives INS supervisors for their cavalier behavior, it is harder to overlook several other incidents that seem to show that officials attempted to cover their tracks.
Cuban Americans heaped criticism on U.S. Attorney General Janet Reno after the raid. They also scolded the immigration service for participating. Miami INS officials, several of whom had been appointed to clean house after a 1996 scandal dubbed Kromegate, apparently took a lesson from the past. That incident, which involved officials' attempts to hide from congressional investigators overcrowded conditions at the Krome Detention Center, was uncovered after inspectors found backups of incriminating e-mails that had been erased.
A few days after the meeting at the American Legion hall, Ramirez says, section chief Mario Cavallo stepped out of his office on the ninth floor and told a group of agents: "Listen up, I need you to delete everything possible from your computers, including e-mails, concerning the Elian Gonzalez raid." Only about five people were present at the time, the agent recalls, and no one questioned Cavallo. But Ramirez says he and others understood the order to mean one thing: Dump any information that might reflect badly on the agency.
"I have never heard anything like that in all my fifteen years in the service," Ramirez comments. "And Cavallo is the kind of guy, whenever he gets an order from a higher-up, he passes it on. He doesn't do anything unless he is told by a manager."
Ramirez says he had no incriminating e-mail in his computer because he had not been part of the Elian strike team until the day before the raid, so he didn't remove anything. He assumes that others who had been in the loop deleted e-mails that may have been public record. Such destruction, if consciously done to avoid scrutiny, could violate federal law. Moreover Ramirez says two special agents from units overseen by Cavallo were later transferred to the computer department. He posits they may have been assigned to get rid of backups.
That the brass issued such an order seems plausible to Mike Magee, the union chief. After Kromegate, he says, "the senior managers deleted everything, then told the internal affairs investigators it didn't exist. But they forgot to ... delete the e-mails from the system."
Ramirez believed things had gone too far. So he contacted attorney Don Appignani. He also spoke with Magee. Both advised him to contact the Department of Justice's Office of the Inspector General, which investigates complaints from employees and the public. Ramirez declined. "Nobody trusts OIG," Ramirez explains. "You can't talk to the people you're supposed to go to, because everybody's connected. If you report something, it comes back to haunt you. Everyone knows that."
"There's an incestuous relationship between OIG and the special agents," Magee contends. "It's getting better, but there's still a problem."
Pressure on the INS -- and Ramirez -- increased this past September, when Lazaro Gonzalez and his family sued the federal government over the Elian seizure. The Department of Justice, which oversees the INS, assigned attorneys to represent many of the service's South Florida employees, including Ramirez. The development worried Ramirez. He didn't want to lose his job, but if called to testify, he believed he would have to discuss the jokes and overt anti-Cuban sentiment at headquarters. So he approached INS Miami district counsel Daniel Vera. "I didn't want to lie," Ramirez remembers. "Dan told me: “Don't worry about it. If you have any kind of evidence that is detrimental toward the service, the DOJ attorney will make sure you don't take the stand.'" To Ramirez that comment implied a coverup.
So Ramirez told Appignani the time had come to publicize his concerns. Still he didn't want his name in the press because he believed he would be fired. So with Ramirez's permission, Appignani contacted Gonzalez family lawyer Ronald Guralnick and volunteered to provide a deposition describing conditions at INS headquarters that would buttress the plaintiffs' case. One condition: Appignani wouldn't disclose his clients' names. (Appignani now acknowledges he misled Guralnick and others by implying there were multiple complainants. U.S. District Judge Federico Moreno later forced Appignani to release his client's name.)
In early January Appignani's charges of anti-Cuban sentiment hit the national news. Several networks and at least fourteen U.S. newspapers picked up the charges. The labor lawyer even appeared on The O'Reilly Factor, a popular national Fox News show hosted by conservative commentator Bill O'Reilly.
Ramirez's name was not used by the media, but INS supervisors knew he was the source of the information. Through the March 2000 complaint about his supervisor, his name had been linked to Appignani. Soon after the newspaper and television reports came out, someone scrawled the threatening message on the rear passenger window of Ramirez's car while it was parked in the locked INS garage.
So this past March 15, Ramirez, in Appignani's company, took his complaints to the inspector general. He reported the threat to Al Hazen, special agent in charge of the OIG's Fort Lauderdale office, and said he feared for his family's safety. Hazen, both Ramirez and Appignani concur, acknowledged he was a close friend of James Goldman, an assistant district director in the Miami INS office whom the OIG might have to investigate regarding some of the offensive material. "He said that wouldn't influence his investigation," Ramirez recalls.