Wilmington is in the very northern part of the state and was more liberal than the southern part. Delaware, being a very small state, had maybe 600,000 people back then. Over half of them lived in the northern county and the rest in the two southern counties. The Mason-Dixon line runs right through Delaware. For years they had segregated schools in the two southern counties. They had some out-and-out segregation in the north too but mostly the north had customs that were more like a northern city like Philadelphia. At that time—and maybe even today—nearly every newspaper buyer in the state read the Wilmington newspaper.
The lawyer explained to me that Senator Boggs had put together some ads that were going to run in an advertising insert in the paper every day for the last week before the election. Boggs was claiming that Joe Biden had distorted Boggs’s voting record, and the ads were going to show what Biden had said about Boggs alongside of Boggs’s actual voting record or whatever. The lawyer didn’t want those newspapers to be delivered. The lawyer was very good people. He was very smart. He was experienced and he knew that both sides of an election played their games. The corporations played plenty of games over the years, telling their workers who to vote for, pulling strings behind the scenes.
The guy who was there who worked on the paper said that he wanted to put up an informational picket line, but he didn’t have any good people that worked with him in the newspaper he could trust to walk the line. I think they had a union already, but this line was going to be for a different union. I told him I would hire some people and put them on the picket line for him. They were people nobody would mess with.
The idea behind an informational picket line is that you’re trying to organize the company, or you’re claiming that the company is unfair and won’t sit down and negotiate with the union, or that the company is putting pressure on the workers not to sign union cards. You might be trying to force an election to replace the union they already have, like Paul Hall and the Seafarers did against Jimmy Hoffa. Any time you see the words “Unfair to Labor” on a picket line that’s an informational picket line. You can’t put on your signs that you’re on strike because you’re not a recognized union yet, and that would violate the rules of the National Labor Relations Board.
I told my friend the lawyer and the guy he had with him that they could count on me to get it handled. I always had a lot of respect for that lawyer and I thought Biden was better for labor anyway. I told him that once we put up the picket line I would see to it that no truck driver crossed that picket line. The Teamsters would honor the informational picket line of the other union, whatever name they used.
The line went up and the newspapers were printed, but they stayed in the warehouse and they never were delivered. The newspaper company called me up and wanted my men to go back to work. I told them we’re honoring the picket line. He asked me if I had anything to do with the blowing up of a railroad car that had material that was going to be used in the printing of the newspaper—whether it was paper or ink or some kind of other supplies, I don’t know. But no people got hurt in the bombing. I told him we’re honoring the picket line, and if he wanted to hire some guards to keep an eye on his railroad cars he should look in the Yellow Pages.
The day after the election the information picket line came down and the newspaper went back to normal and Delaware had a new United States Senator. It’s hard to believe that was over thirty years ago.
There have been things written about this incident and I am always mentioned in them. They say that this maneuver is what got Senator Joe Biden elected. Especially the Republicans say that if those newspaper inserts from the Boggs side got delivered inside the newspapers it would have made Joe Biden look very bad. The Boggs ads coming as they almost did that last week there would have been no time for Biden to repair the damage. I have no way of knowing if Joe Biden knew if that picket line thing was done on purpose on his behalf. If he did know he never let on to me.
I do know that when he became the U.S. Senator, the man stuck by his word he gave to the membership. You could reach out for him and he would listen.”
chapter twenty-five
That Wasn’t Jimmy’s Way
Jimmy Hoffa’s time in a cocoon ended in March 1973, when his parole ended. He was no longer on paper. He was now free to come out as a butterfly and travel wherever he wished and say whatever was on his mind.
In April 1973 at a Washington banquet, Jimmy Hoffa ascended the podium and announced that he was going to launch a legal challenge to President Nixon’s restriction on his pardon. In his announcement Jimmy Hoffa surprised no one when he asserted that he intended to challenge Frank Fitzsimmons for president of the Teamsters at the 1976 convention.
Jimmy Hoffa’s timing was right in at least one other respect. Fitzsimmons would no longer have the friendship and backing of a strong president in Richard Nixon. The very month of Hoffa’s announcement was an especially grim time for Nixon, as the Watergate scandal steamed ahead. As a result, Nixon had more concerns than Jimmy Hoffa. Nixon’s inner circle was in the midst of a mad scramble to control the Watergate burglary. At the end of the month that Hoffa announced his planned legal challenge to the pardon restriction, Nixon’s chief of staff at the White House, H. R. (Bob) Haldeman resigned. Haldeman would later go to jail. A month earlier, Charles Colson, Nixon’s special counsel, had left the White House for private practice, to reap the Teamsters’ legal business before going to jail. Soon the Arab oil embargo would grip the country and give Nixon still more to worry about.
Following Hoffa’s announcement of the legal challenge and his plans to run in 1976, Frank Sheeran gave his friend and mentor a colorful endorsement,, “I’ll be a Hoffa man ’til the day they pat my face with a shovel and steal my cufflinks.”
“There was no way Jimmy could lose come 1976. It wasn’t just a matter of the delegates being for Jimmy; the rank and file was even more for Jimmy. If that wasn’t good enough, not too many people in the union had favorable things to say about Fitz. He was weak and that’s why Jimmy put him in. What Jimmy didn’t consider was that his weakness would be a very appealing character trait to certain people in the alleged mob.
Jimmy’s supporters gave a testimonial dinner for Jimmy for his sixtieth birthday in February 1973. They held it at the Latin Casino in Cherry Hill, New Jersey, the same place mine would be held a year or so later. I was right there, front and center, and there was a strong turnout even though Fitzsimmons didn’t want anybody to go. Harold Gibbons was the only member of the executive board who showed up. Like they did at mine, they had a professional photographer there. Jimmy got me to pose in a number of pictures with him, including one of us shaking hands that I prize to this day.
I visited Jimmy at Lake Orion right after he had that problem in Miami at a private meeting with Tony Pro. At that meeting in Miami Jimmy wanted to get Pro’s support in 1976. Instead what he got was a threat from Pro that he’d kidnap Jimmy’s granddaughter and rip Jimmy’s guts out with his bare hands. In Miami after the meeting Jimmy told me he was going to ask Russell to let me do what I had to do against Tony Pro. This time he didn’t say anything about being my driver on the thing. Jimmy was serious now. Jimmy and Pro hated each other and they were both capable of doing to each other what they said they were going to do. It was a matter of who got off first.
I came to Lake Orion to follow up on the Miami thing. Jimmy mentioned again that something had to be done about Pro, but he didn’t tell me to talk to Russell or do anything. Then Jimmy said that Fitz wasn’t a made man and he didn’t need approval from anybody to take care of Fitz. Jimmy said he was already lining up a cowboy to do what he had to do against Fitz if it came to that.
I knew Jimmy had some recent contact with Charlie Allen and I said, “You’re not thinking of using Allen, are you?”
Jimmy said, “Hell no. He’s a bullshitter. All talk.”
I said, “I know that. I’m glad you know that.”
(Neither one of us mentioned Lloyd Hicks at
that time, but I certainly thought about it. Lloyd Hicks was an officer with a Miami local. Hicks was a part of Rolland McMaster’s faction, and McMaster was one of those who left Jimmy for Fitz. McMaster was the kind of person that Jimmy hated for desertion. When Jimmy and Pro met in Miami, Lloyd Hicks bugged the meeting room for McMaster. Hicks went out to the bar, got a few drinks in him, and went around bragging that he was going to have a tape of the meeting between Jimmy and Pro. Which would then be of interest to Fitz. Which would then make Jimmy flip out more than a little bit.
Later that night they found Hicks with I don’t know how many bullets in him, but more than one gun’s worth, that’s for sure. It was like there were two shooters doing the man’s house. If Hicks had a tape he no longer had a tape. At that particular time The Redhead and I happened to be in Miami on Jimmy’s side of the matter.)
At Lake Orion Jimmy told me he was working on his lawsuit to get rid of the restriction and he was going to file it after he got some more ammunition. I said I’d be a plaintiff on that part of the lawsuit that would be brought by active Teamsters who wanted Jimmy back in the union. Jimmy told me he was going to have a money drop for me in a couple of months to Mitchell as soon as he got some things straightened out. He told me to remind him when my testimonial dinner was scheduled, because he was going to be there no matter what. I told Jimmy I had been holding up on the dinner, waiting for when it would do him the most good. Jimmy told me he appreciated my loyal support. He knew I was running for reelection of Local 326 and he offered to help, but I told him I wasn’t going to have any problem with my local.
Later that year in October I got a call from Jimmy to go over and see The Redhead. I went to the Branding Iron and he had another suitcase for me. It wasn’t as heavy as the last one, but it had some heft. It had $270,000 in it. I drove down to the Market Inn. I didn’t even have a drink. As soon as I walked in a guy came up to me who I didn’t know and he said he was going to take me where I had to go. We got in his car and drove up to an impressive house. I got out and rang the bell and Mitchell answered the door. I handed him the bag and he handed me an envelope with an affidavit in it. This time, no chitchat. I drove back up to Philly and met Russell at a restaurant and he read the affidavit that Mitchell had given me in the envelope and took care of it after that.”
I, JOHN W. MITCHELL, being duly sworn, depose and say:
1. That neither I, as Attorney General of the United States, nor, to my knowledge, any other official of the Department of Justice during my tenure as Attorney General initiated or suggested the inclusion of restrictions in the Presidential commutation of James R. Hoffa.
2. That President Richard M. Nixon did not initiate with or suggest to me nor, to my knowledge, did he initiate with or suggest to any other official of the Department of Justice during my tenure as Attorney General that restrictions on Mr. Hoffa’s activities in the labor movement be a part of any Presidential commutation for Mr. Hoffa.
John W. Mitchell (S)
Sworn to before me this 15th day of October, 1973
Rose L. Schiff
Notary Public, State of New York
A little more than a year later, while this affidavit was still wending its way through the court system on behalf of its purchaser, the man who swore an oath to its truth, John W. Mitchell, would be convicted of perjury and obstruction of justice as a result of his outright lying under oath in the Watergate cover-up.
With the affidavit in hand, an affidavit as yet untainted by its author’s perjury conviction, Jimmy Hoffa put his campaign in overdrive.
On February 16, 1974, Hoffa accused Fitzsimmons of “traveling all over the country to every damn golf tournament there is, when being president of the Teamsters is an 18-hour-a-day job.”
In a television interview Hoffa pointed out that “Fitzsimmons is crazy. He goes to a shrink twice a week and he’s running a union for more than two million Teamsters?”
Hoffa began regularly referring to Fitzsimmons as “crazy” and a “liar.”
In retaliation, Fitzsimmons fired Hoffa’s wife, Josephine, from her union position and she lost her $48,000-a-year income. At the same time Fitzsimmons cut off James P. Hoffa’s $30,000-a-year legal retainer. Chuckie O’Brien, who had grown up in the Hoffa household as a foster son and called Hoffa “Dad,” kept his Teamsters job. O’Brien became increasingly close to Fitz and increasingly estranged from Hoffa. Jimmy Hoffa, an earnest family man, was outspokenly disappointed in O’Brien’s divorce and strongly disapproved of O’Brien’s gambling habit and spendthrift ways. Jimmy Hoffa refused to support O’Brien for president of Detroit’s Local 299 and the split widened.
On March 13, 1974, Hoffa filed his much-anticipated lawsuit. This time, instead of his usual cast of yes-men lawyers, he used a renowned civil-rights attorney, Leonard Boudin. In his suit Hoffa claimed that he had no knowledge of the restrictions at the time he walked out of prison on December 21, 1971, and had never agreed to them. Furthermore, even if he had agreed to them, the president lacked the constitutional authority to restrict his or any other person’s pardon in such a way.
There is an old maxim that young lawyers learn: “If you can’t beat them on the law, beat them on the facts.” Here, the argument that Boudin was making on his client’s behalf was an argument that he and many other constitutional scholars considered a winner. That left the government to argue the facts and Jimmy Hoffa, through his actions, unwittingly provided the government with a factual argument.
Hoffa and his special friends had provided Boudin the facts to allege in the lawsuit to supplement the legal argument. Accordingly, the lawsuit claimed that the restriction did not originate from a proper source, such as the attorney general, but had “originated and derived from no regular clemency procedure but was caused to be added to said commutation by Charles Colson, Special Counsel to the President, pursuant to an agreement and conspiracy.”
In a television interview after his legal papers were filed, Hoffa expounded on that part of his lawsuit: “I’m positively sure that he had a hand in it and I’m positively sure that he was the architect of the language…. He did it to ingratiate himself with Fitzsimmons. And in doing so got the job of representing the Teamsters. And Fitz did it, through Colson, to be able to keep the presidency of the International Union.”
To which Fitzsimmons responded: “I didn’t know nothing about them restrictions.”
To which Colson added: “That’s just plain malarkey…. I advised Mr. Fitzsimmons I think the day before Hoffa was to be released that he was going to be released under the conditions that seemed to be in the best interest of the labor movement and the country at the time. I never told him what, what those restrictions were.”
And if Colson is to be believed, Fitzsimmons’s curiosity was not at all aroused and he never asked, “Restrictions, what, what restrictions?” But as to all of this stuff that lawyers call “he said, she said,” the government would have an opportunity to argue that it was beside the point. On July 19, 1974, Judge John H. Pratt of the United States District Court in Washington, D.C., responded to the factual allegations made by Hoffa and found against him. Judge Pratt held that even if the Colson-Fitzsimmons conspiracy were proven, the president’s signature on the restriction held the day “for the same reason [that] one cannot attack the validity of an Act of Congress on the grounds that the Congressmen who voted in favor of it did so for improper motives.”
This loss left Hoffa with no choice but to appeal to the next judicial level, where the argument there would focus on the law, the constitutional issues raised by Boudin. Hoffa and Boudin were very optimistic that their legal arguments would prevail on the appellate level. However, the appeal would take another year or more. A decision would not come until late 1975.
On August 9, 1974, less than a month after Hoffa lost that first legal round in Judge Pratt’s courtroom, Nixon threw in the towel. He resigned from office and was replaced by Vice President Gerald R. Ford, who had been handpicked by Ni
xon a few months earlier to replace Spiro T. Agnew. Agnew had resigned when it was discovered that, even as vice president, he had continued to be on the payroll of crooked public works contractors in Maryland, where he had been governor. The day after Nixon resigned the new, handpicked president, Gerald R. Ford, who had been one of the seven members of the Warren Commission, pardoned Nixon for any crimes he might be charged with. Ford put no restrictions on Nixon’s pardon.
Now all Jimmy Hoffa had to do was trust in the appeal.
“There is no doubt Jimmy expected to win that court case, and everyone expected him to win it in time to take back the union practically on the same day as America’s bicentennial celebration. Jimmy could have done nothing for a couple of years, let his lawyers handle the appeal, and coasted into office. But that wasn’t Jimmy’s way. Jimmy’s way was to fight even if he didn’t have anybody to fight with.”
chapter twenty-six
All Hell Will Break Loose
In his book The Teamsters, Steven Brill makes the point that by 1974 the Central States Pension Fund of the Teamsters Union had more than $1 billion dollars loaned out for commercial real-estate ventures, including casinos. This was only 20 percent less than was loaned out by the financial powerhouse, Chase Manhattan Bank. “In short,” said Brill, “the mob had control of one of the nation’s major financial institutions and one of the very largest private sources of real-estate investment capital in the world.”
I Heard You Paint Houses : Frank The Irishman Sheeran & Closing the Case on Jimmy Hoffa Page 27
