Editor’s Note: We welcome back our friend and Columnist, Retired FBI Special Agent J. Gary DiLaura, and congratulate him on his explosive new book “Action…FBI Crime Fighting the Way It Was!”
Western New York fixture J. Gary DiLaura gives unparalleled insight, opinion, and commentary into issues involving law enforcement, criminal justice, and the constitutional order. The following is a piece about Common Carrier laws. During his FBI career, former Special Agent DiLaura used these laws as a tool in the Government’s crime-fighting arsenal against organized crime. One of the most famous interstate commerce offenders in recent memory was a truck hijacker from Queens named John Gotti. Former Special Agent DiLaura believes Common Carrier laws can be used as a tool against an organization potentially more dangerous to the republic than La Cosa Nostra: Big Tech and the Mainstream Media.
The Right Side
By J. Gary DiLaura, Retired FBI Agent
Common Carrier Laws regulate, or try to regulate, interstate commerce so that it is fair and equitable to all who operate in interstate commerce. We have many laws to protect Interstate Shipments of products that are vital to everyday living. Food products, fuel products, construction materials, and virtually everything that travels in interstate commerce are protected, from theft, interference, and damage – to ruin another’s trucking business, for example.
As a Special Agent, I successfully worked several cases regarding oil pipelines, unfair competition, collusion, and price fixing. There’s no more “kitchen table” issue than the price of gas.
I know because I investigated hundreds of cases involving Theft from Interstate Shipments…attempts to interfere with products being shipped to damage another company’s supply. All those cases are a violation of Title 18 Section 659 of the United States Code.
Today theft from a pipeline is covered by Section 659. Why? Because pipelines are vital to America’s interstate commerce. I investigated a few pipeline cases here in Western New York involving the Colonial Pipeline.
I learned, and to be honest, I was surprised to learn that pipelines are covered by Common Carrier Laws. If you think about it…it has to be …States cannot investigate all the aspects of cases that cross state lines. That’s why the FBI was given the primary investigative authority to investigate and prosecute interstate cases.
Today …they do not investigate any criminal cases because if they did, they would be making arrests, prosecuting cases, and convicting thieves. They would be executing search warrants and arrest warrants. Ask any day modern “woke” FBI Agent how many arrests he/she made in 2022 and 2021, or search warrants during the same time…or convictions. I would NOT be surprised if they said, “None”. That’s outrageous! Do you believe there were no interstate thefts from Common Carriers?
If they were investigating criminal cases, they would have learned how to draw up and execute a search warrant without committing more felony crimes during their search than the alleged criminal, whose home they are ripping apart, allegedly committed. That is the case with their “raid” on former President Trump’s home!
“(A) Noting the Time- The officer executing the warrant must enter on it the exact date and time it was executed.
(B) Inventory- An officer present during the execution of the warrant must prepare and verify an inventory of any property seized. The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken. If either one is not present, the officer must prepare and verify the inventory in the presence of at least one other credible person.
(C) Receipt-The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises the property was taken (at that time and NOT later, my words) or leave a copy of the warrant and receipt at the place where the officer took the property.”Federal Rules of Criminal Procedure, Rule 41. Search and Seizure
Those are direct quotes from Rule 41f, Executing and Returning the Warrant A, B, and C…of the Federal Rules of Criminal Procedures!
Also, the subject or his representative MUST be given access to observe the search and may film the search! The search warrants must be dismissed for not following the Federal Rules of Criminal Procedure…either that or do away with the freaking Rules that we followed to a “T”!
I drifted away from what this is about a little, but my point is this…there must be Rules and Regulations to ensure our Rule of Law is enforced in a reasonable and fair way.
So let’s take a look at the biggest offender of Common Carrier fairness and equitable treatment…the Main Stream Media.
Name what media has more influence over the way people conduct themselves, what they purchase, how they vote, how they dress, and how they behave? What media can control an election, cause a riot, and make somebody rich and famous?
If you said Television or the Internet, you could be correct …could be radio, not so much, but sure, it’s very possible.
Ok, what Common Carrier Laws control them? If you said none, you would be correct…and, in my opinion, NONE of the Agencies who are supposed to stay on top of these people are doing their jobs.
The FCC does not regulate what anybody writes on the Internet…NONE…yet, the FCC oversees the Internet…WHAT?! Yea, that’s true! The FBI can nail somebody for Child Porn, but except for Hobbs Act Wire Fraud, there is virtually no control!
That MUST change and change now, my opinion. And we can do this in a way that respects the First Amendment.
How? You ask. Take all those “wire carriers,” Common Carriers… Make them comply with the same fairness and equitable Rules and Regulations we follow, but TV, Radio, and Internet Wire Carriers DO NOT!
They do what they damn well please…that is not America! Stop all of them from denying service for their own personal reasons …their service is a monopoly if there ever was a monopoly, and like ANY monopoly they…Twitter and Facebook… abuse their power and turn crooked and socialistic.
Favoritism, blackmail, and greed are common denominators and are not fair and equitable! Like Former Governor Cuomo told a Cable Carrier, “You service all or none”! And it worked. Believe me, I am not a Cuomo fan, but even a blind squirrel can find a nut every once in a while!
A fifth grader could write a Fairness and Equitable Law for TV regarding anything…how about equal time for political ads? If they continue to base their “fairness” on who has the most money…nothing will ever be fair! Where there’s a will…there’s a way.
Figure a better way to distribute political donations in the blind, then disperse them equally to the number of candidates who run. The more candidates, the less to go around. Then force the “common carriers” to give equal time for equal money… it’s simple!