Jack Goldsmith writes a memoir focused on his relationship with his stepfather, Charles “Chuckie” O’Brien. Chuckie, a close associate of Jimmie Hoffa, has long been suspected of being involved in the disappearance of the powerful Teamster leader. Hoffa’s disappearance in 1975 remains an unsolved mystery but the common assumption is that the Mafia murdered him. There are three main themes in the book. First is the personal story of Goldsmith’s relationship with Chuckie and how the Hoffa case impacted Chuckie, the author and his mother. The second is Goldsmith’s case that Chuckie was not involved in Hoffa’s disappearance. The third is the abuse of power by the government beginning with Robert Kennedy, then Nixon and finally the Bush administration. Chuckie believed the government was as corrupt as the Teamsters and Goldsmith details abuses related to Hoffa at the hands of RFK and outright corruption under Nixon. Goldsmith then personally sees the same abuses in a different context as Assistant Attorney General in the Bush administration. The book shows how warrantless government surveillance has been used repeatedly. While Chuckie’s inside view of Hoffa and his disappearance was interesting, the theme that resonated with me was the misuse of power from RFK to Bush. My notes follow.
Chuckie was nine years old in 1943 when he met Hoffa. Sylvia, his mother of Sicilian heritage, would drop him off to spend weekends with Hoffa and his two children. Hoffa and Chuckie were very close throughout their lives and many thought incorrectly that Chuckie was Hoffa’s child. The nine-year-old Chuckie also met organized crime figure Anthony Giacalone who Chuckie called uncle Tony. Sylvia kept books for his gambling operation. She introduced Hoffa to her mob connections and became close friends with Hoffa’s wife, Josephine. Giacalone became a long time Hoffa friend and prime suspect in his disappearance. But when Goldsmith’s mother married Chuckie in 1975, 44 days before Hoffa disappeared, all the twelve-year-old Goldsmith knew was that he had found the father who finally loved him.
Goldsmith adored Chuckie, but when he went off to college and decided to go to law school, he turned his back on his stepfather hurting him deeply. Goldsmith’s new polished image didn’t fit with Chuckies’ rough and tumble Teamster persona. Chuckie said that the police and FBI had always harassed him for political reasons. Goldsmith dismissed those arguments and after graduating from law school wanted to work in law enforcement. He ended up working for the Justice Department and during the George W. Bush administration was confirmed in 2003 by the Senate to be United States Assistant Attorney General for the Office of Legal Counsel. The OLC advises the president, executive agencies and the attorney general with respect to the legality of pending legislation, executive orders and other matters.
In 2004 Goldsmith found himself at odds with the Bush administration’s legal justifications for enhanced interrogations and warrantless wiretaps and pushed back. He and James Comey advised Attorney General John Ashcroft to declare Bush’s warrantless wiretap program illegal which he did. Goldsmith was with Ashcroft at his bedside in intensive care when administration officials showed up pressing Ashcroft to change his mind. In 2004 Goldsmith resigned. The experience changed his mind about his stepfather. He saw that the DOJ after 9-11 mirrored what Chuckie told him about the 1960s Kennedy DOJ. Now, a parent himself, Goldsmith reconciled with Chuckie and apologized to him. Chuckie was ecstatic and said no apology was needed, that he understood why his son did what he did.
Chuckie was well aware of the Teamsters’ mob ties, but he didn’t think the police, FBI or DOJ were any better. In the 1930s when employers hired mob thugs to beat up strikers and labor organizers, the police looked the other way. When the Teamsters resorted to the same tactic, the police were all over them. As Hoffa later put it, “I’ve never been able to understand why the finger is pointed at us in the Teamsters - and only at us – that we knew mobsters and hoodlums. Mob people are known by employers and employers’ associations much better than we ever knew them and employers were always the first to employ them.”
Hoffa helped himself to money on the side, but pay and working conditions for union members improved so much, they didn’t complain. Hoffa won great contracts for the Teamsters. In 1964 Hoffa got the first national trucking contract. It helped the trucking companies scale up as well. Making the Teamsters an effective national organization meant working with the Mafia which controlled important locals in New York. The relationship was one of each side making itself available for favors from the other. When there was a disagreement, Chuckie’s mother, Sylvia Pagano, would often step in to resolve the dispute. Chuckie was always by Hoffa’s side as a driver and loyal assistant who took care of small details and was trusted by both sides to carry messages and money and keep his mouth shut.
In the fifties and sixties Robert Kennedy went after Hoffa with a vendetta, first as counsel to the Senate Labor Rackets Committee from 1957-9 and later as Attorney General 1961-4. Hoffa was a criminal skimming union funds and making loans with Union money to Mafia businesses. But RFK’s crusade had bigger consequences than the eventual conviction of Hoffa. It was in RFK’s political interest to show he could take on the mob, but he ended up demonizing all of labor, a perception it never recovered from. Goldsmith, thinking of his own experience with the misuse of power, saw unsettling precedents in the way RFK went after Hoffa. RFK had Hoover and the FBI at his disposal to relentlessly surveil anybody suspicious. As Attorney General under his brother, RFK assembled his “Hoffa Squad”. RFK had one of his old law professors named IRS commissioner. At RFK’s direction, the IRS gave RFK’s former congressional committee any records they asked for including those related to information from warrantless wiretapping and bugging which rapidly grew under RFK. Anyone associated with Hoffa including his attorneys were targeted. RFK released carefully crafted information to the press to shape public opinion. Ironically after Hoffa was sent to jail in 1967, mob influence over the teamsters greatly increased. Hoffa could stand up to the mob to protect the Teamsters’ interests, his successor couldn’t. In 1963 RFK even signed off on FBI warrantless technical surveillance of Martin Luther King citing “possible communist influence.”
After 9-11, Attorney General John Ashcroft, who was well aware of RFK’s “Get Hoffa” campaign, adopted the RFK model to go after terrorists. He used the immigration laws and designated suspicious people “material witnesses” to hold them. He authorized aggressive interrogations and warrantless mass phone, email, internet use and financial transaction metadata collection under a Bush program called Stellarwind. Goldsmith was an Assistant Attorney General from 2003-4 under Ashcroft. Goldsmith had written memos seeming to approve of Stellarwind, although he says he was putting constraints on it. He states that he together with James Comey convinced Ashcroft not to renew the authorization for Stellarwind in 2004. Goldsmith recalls the remarkable visit by Bush’s White House counsel Alberto Gonzalez, Chief of Staff Andrew Card, and VP counsel David Addington to Ashcroft’s hospital bed in intensive care. Ashcroft was heavily sedated and just out of serious surgery for an inflamed pancreas. Ashcroft was pressured to reauthorize Stellarwind right there. But he refused to sign off despite Addington screaming at him demanding he do so. Still, Bush dropped the program only after Ashcroft, Comey and Robert Mueller threatened to resign. Goldsmith was there with Ashcroft in the hospital room and the experience was a profound one for him. He thought about what Chuckie had always said about the feds making their own rules particularly employing secret government surveillance without restrictions. Now, he found himself facing the same thing in the Bush administration.
Hoffa went to jail in 1967 sentenced to thirteen years for bribery and fraud. Hoffa selected Frank Fitzsimmons to run the Teamsters in his absence. Fitzsimmons established a cozy relationship with the Nixon administration and became an ardent vocal supporter. But rank and file teamsters still revered Hoffa. Nixon’s political calculation running up to the 1972 election was to secure those Teamster votes by commuting Hoffa’s sentence and he did in 1971. But Nixon was happy with Fitzsimmons and didn’t want Hoffa to be running the Teamsters again so a condition attached to the commutation was he not hold any Teamsters’ office. To get out of jail Hoffa agreed to the condition and to pay Nixon $1 million through John Mitchell who would resign as Attorney General in 1972 to become Nixon’s campaign chairman. Chuckie told Goldsmith that he delivered the money in December 1971. There was an interesting conversation recorded on the Nixon tapes December 8, 1971 just 30 minutes before the commutation was issued. Nixon references an arrangement between AG Mitchell and Fitzsimmons saying that Fitzsimmons should “play our game now” and told Chuck Colson to tell Fitzsimmons that Nixon “wants it done the right way”. Nixon went on saying Fitzsimmons should “tell Mitchell everything he wants and that Mitchell will do it.” Goldsmith believes the conversation which used code words referred to a cash for commutation deal. Fitzsimmons told Chuckie that Hoffa’s commutation would cost $1 million. Chuckie that December picked up a briefcase in Fitzsimmons’ office with the $1 million and took it to a room in the Madison Hotel in DC at 7PM. Chuckie handed it over in a dark room. It’s Chuckie who tells Goldsmith that this was Hoffa’s money, not the Teamsters. To Chuckie’s point, were the Teamsters any more corrupt than the government?
Hoffa was released from prison December 23, 1971. He was hellbent on running the Teamsters again, but the condition and a self-serving relationship between Fitzsimmons and the Mafia blocked the way. The Mafia had control over Fitzsimmons and easy access to Teamster funds and did not want to deal with Hoffa. Hoffa, as Chuckie put it “He got nuts”. He made public threats and accusations against Fitzsimmons and the mobsters. So, it is hardly a surprise that in 1975 they took him out. That the Mafia was responsible is widely accepted, but exactly who ordered and carried out Hoffa’s abduction and murder is uncertain and subject to endless controversy. Goldsmith aims to clear his stepfather Chuckie who many believe picked up Hoffa to deliver him to his killers. He makes a strong case that Chuckie could not have been involved and there are federal prosecutors and criminologists who agree with him. Perhaps the best arguments are that the Mafia would not have trusted Chuckie with such a critical assignment and if he had been involved, they would have killed Chuckie afterwards. Goldsmith after becoming a Harvard law professor spent a lot of time interviewing Chuckie for the book and following up with FBI agents and prosecutors trying to get them to acknowledge that Chuckie is not a suspect in the case. We get some insight into the convoluted handling of the Hoffa case by the FBI and prosecutors.
I picked this book up because of interest in the mystery of Hoffa’s disappearance, but it had much more to offer. Recommended for readers who want some personal inside takes on the Hoffa case, the Teamsters and the Mafia relationship, lawless surveillance by the federal government particularly under RFK and later the Bush administration, and the wholesale corruption of the Nixon administration.