5. 1990S’ DEFAMATION AS ONE OF THE DOMINATION TECHNIQUES................................................. 2 The interested and deceitful tale of the Italian political ‘corruption’, as Western exception ... 2 The politics costs, in Italy, according to Teodori .................................................................... 20 The media-academic deception on the ‘heroic’ magistrates-executioners.............................. 22 The world police-judicial space as Anglophone new domination tool .................................... 33 The 1989 Anglophone transition to the attempted direct [police-judicial] world domination............ 33 Echelon: complement of the Anglophone world hegemony .............................................................. 38 ‘Criminality’ as pretext for a police-judicial world web ................................................................... 45 Also German and French political leaderships as criminal questions ................................................ 54 The 1999/2000 German politics criminalisation ........................................................................... 55 And Italian-style assault .......................................................................................................... 55 The Schröder’s judiciary option to political power consolidation ........................................... 64 The attempted reduction of French politics to criminal question .................................................. 67 The ideological covers of the Anglophone espionage: the ‘transparency’ campaigners .................... 72 The myth of the casual investigations, from a magistracy fully inside the powers networks .. 79 5. 1990s’ defamation as one of the domination techniques The interested and deceitful tale of the Italian political ‘corruption’, as Western exception The Italian political system and its Constitutional frame were created after WW2 in conditions of allied occupation and under the hegemony of DC and PCI. Suddenly, in 1992, some judicial networks, of different political and powers’ colours, discovered that only the Craxi-PSI, the Andreotti-Forlani DC, the non-pro-PCI fractions of the PDSI, PLI and PRI were corrupted, while everyone else was absolutely pristine. In addition the evils were corrupted (but rarely in court, having been the wide majority never sentenced for any crime) in the measure the PCI/PDS did not decide to save, as it did in some cases, the stricken politicians. And overall they were corrupted in the measure they showed fidelity to national independence and resisted to renounce to their political engagement. Intellectual networks submitted to various national interests suddenly united enthusiastically to the chorus born from these abrupt discovers of some Italian magistrates. So also internationally it was claimed that in Italy there was finally, from 1992, the definite collapse of a political class needing lots of money for party financing, and the triumph of the goodness side, which, in spite of its gigantic bureaucratic machines and other very expensive activities, was fed by the militants’ pure enthusiasm. As usual in State and powers propaganda, who/which promoted because liked became liked because ‘honest’, alias ‘honest’ because liked and promoted. It was exactly as the usual games on ‘human rights’, where States founded on genocide, slavery, racial discrimination1 and the consociative dictatorship of a couple of similar political parties permanently monopolising power, became world judges and executioners. The methodological approach was the usual tautological one. Adversaries of foreign and internal powers were not bad because enemies but enemies because evil. Powers were always good. Their enemies were always evil. Only for that the latter were enemies of the former. Interest could not be an interpretative frame because goodness, in spite of their always obsessively claimed national interests, was absolutely disinterested. Andreotti, blessed from the Pope, and Craxi praised on certain (not the Francophone one) Latin press were the evil the dominant international and certain internal powers couldn’t not to perceive and their enemies, overall after 1989, and also more from 1992, the time of the Maastricht Treaty. Around these tautologies reciprocally fed and sustaining, claims, more than documented and positively tested theories, were built from academic networks about the 1990s’ Italian events. Exactly as in all case, in history, of political persecutions, the regime intellectuals supporting the political purge assumed political magistracy as truth source, what anyway magistracy can never be, being its function different. Actually even this intellectual operation was too arduous because the sentences against the ‘guilty’ politicians there were not. Political magistracy defamed by press but generally without prosecuting and sentencing. Guilty were not judicially guilty. Consequently 1 (Castoriadis 1999, p. 70/71). 2 even the judicial evidence that in the arbitrary evaluation of magistracy stricken politicians were guilty, there were not. There were only the regime intellectuals unfounded supposition of guiltiness. No alternative coherent interpretative and testing frame was ever suggested, apart from the tautology that the purged political class should be certainly guilty, since no Western or Central power had ever posed any problem of human right and threatened and actuated bombing campaigns. Alias, who was defamed as guilty from political magistracy and foreign powers, was claimed as guilty from regime intellectuals. Intellectuals are always very cleaver in letting to understand something without stating it. In fact, in the academic literature on 1990s’ Italy, evidence is always let to understand, or even invented, never showed and tested in a reasonably coherent frame. So the GWs, the notices that the citizen was under investigation, and the relative abusively militant Prosecutors-promoted mediadefamation were assumed as sure evidence of guiltiness of the cleansed part of the political system. This, despite the absence, for the wide majority of the accused politicians, of any prosecution and/or later condemnation. The actually very ephemeral result, the realised purge, was sold as the proof that the purged were criminals should be purged. Naturally, since ideology must always cover interests, there was a kind of unexpressed, but not in Italy, moral justification to the discrimination between Italian good and evil. As summarised from a rightist journalist well connected with the powers supporting the PDS and Lefts in office, Montanelli, to ‘steal’ for paying the one’s and current political activity was corruption. While to ‘steal’ for the party, as, for Montanelli, it was the case of the PCI/PDS, was claimed as moral superiority. 2 As to tell that between two MPs equally avoiding all personal interest in politics, but one having paid his electoral campaign collecting directly financing and the other one having had it paid from the PCI/PDS, the former was a corrupted and the second was morally superior. Nevertheless Montanelli, not really a very analytic mind, never explained why a DC-Lefts politicians even if not morally superior, according to his own frame, were equally saved from militant magistracy. More direct was the Craxiand also Andreotti- and Berlusconi-phobic La Repubblica party. For the 4 July 1999 La Repubblica Berlinguer, the denouncer of the moral question who actually did nothing for moralising his party, the PCI, had moral tension because he avoided alliances with Craxi, while D’Alema was without it because he dealt with Berlusconi.3 The concrete characters of different defended wallets determine always differences in the concrete analytic approaches but inside a basically identical methodology. Italy was a country where the PCI had been even bribed from central government, from 1987, by an entire State-TV-group, RAI3, become its de facto monopoly but paid from State. And macro- and micro-clientelist, category- as territorially-focused, laws always saw Parliament unanimous. Also the benefited citizens and economic groups never refused, on the contrary they always pretended, such kind of relations State-citizens and of governance. In a particratic regime, and specifically in the Italian one, where everything depends on politics the first kind of corruption is the people’s one. Useless places of works are created, useless people is hired, useless enterprises are build and their losses financed, to relatively young people pensions and subsides are given. Funds are distributed in the most odd and unimaginable ways for pure 2 (Montanelli, 1995, p. 375). Se la politica pensasse a far funzionare l'Italia, [If politics thought to make Italy working], Repubblica, IE, 4 July 1999. 3 3 consensus reasons. In addition the entire business flows between Italy and socialist countries included fixed percentages passed to the PCI/PDS, and also other entities, as illegal financing. Also direct Soviet-block funds arrived to the PCI/PDS and other entities, as Western-block ones had arrived to anti-Soviet parties and organisations. Inside Italy from the State industry, the private one, the State bureaucracies, the illegal financing to all parties and TUs was generalised, since the normative inadequacy, nearly the impossibility, of legal financing. When investigations touched Lefts local government as the Turin commune one in the 1980s, no difference from the practices of the DC hegemonised administrations was found in the practices of clientelism, illegal financing, bribes4. All interest block had wanted to use against concurrent parties, party-fractions, TUs, economic and bureaucratic interests the card of the illegal financing, bribes corruption, and also eventually of the high betrayal, had not the problem of the crimes. Laws create crimes, and the Italian laws had created the inevitability of the crime of political and TUs illegal financing, and other crimes, and also of high betrayal in certain cases, for all political and TUs organisations. Only problem was to dispose of a judicial network adequately internally and internationally5 supported for realising political and/or other purge. Being essential in a political purge and country-weakening operation to assure the continuity of the stricken system, it is not astonishing that the TUs real position had not attracted specific attention in the presentation of the 1990s Italy and its developing political dynamics. In the Italy’s weakened continuity, TUs were more essential than the same Lefts parties, because their power position was electoral irresponsible, and consequently independent from their real consensus. In the soviet structure characterised the post 1968/1969 Italy, overall the three main regime TUs participated to thousands of State and local institutes administrations, committees and subcommittee in a capillary network of State and society co-management. According to 1998 revealed data, TUs got from the Italian Social Security (INPS), about 800 billion liras every year. A little more than 300 were direct INPS financing to the TUs Assistance Offices (AOs)6. The remaining sum was collected from INPS on behalf of the TUs. In fact when the INPS customers used these AOs not only this use was INPS financed, but TUs use it as occasion for getting delegations for detracting fees, for their benefit, from the insured pensions. These contributions received from the TUs should be compared with the State financing to political parties, which was of 180 billion liras per year.7 In addition the TUs got functionaries de facto paid from State structures and from private enterprises, and all this not for favouring workers integration, but, on the contrary, their militancy against all even shy modernising measure, and all attempt to weaken the genetically corrupted nature of the bureaucratic machine. The regime three main TUs, CGIL-CISL-UIL (defined from radical-liberals as the three-dead8, actually very deadly alive), as all the TUs wide galaxy, was carefully let untouched from all claimed as anti-‘corruption’ investigations. 4 (della Porta 1992, p. 183). NATO in first instance. It is not possible suppose that after that from the 1960s’ the USA and NATO had pushed in different ways terrorism as control weapon, suddenly in the post-1989 phase, when US and NATO initiative in and against Western Europe and Mediterranean was actually strengthened, they remained indifferent to what was happening in Italy. 6 Enti di Patronato ed Assistenza Sociale. They are generally intermediaries between citizens and INPS. 7 Geronimo, I nuovi poteri forti, [The new strong powers], Panorama, Internet Edition, 27 November 1998. 8 Trimurti. 5 4 Even if the image of an Italian politics where political parties were only preoccupied to capture relevant flows of funds has been suggested, it would be arduous an unfavourable-to-Italy comparison with other countries. That politics was inexpensive abroad was not supposable, also where the political system was less competitive and reduced to a mere couple, or triplet, of relatively similar parties, as in the Anglophone countries. The Presidential candidate Bush junior collected, in 1999, for his 2000 electoral campaign 70 million dollars.9 Similarly did Al Gore. The exclusion or not, of candidates, from the Presidential pre-race, was determined from their capacity to collect funds, alias from the private interests to have them on their budgets. Nobody claimed for the USA par condicio among candidates, neither prohibitions of TV political advertising. As nobody denounced as corruption to be paid from private interests, which will inevitably condition the elected candidate. The US politics was currently financed both from internal Mafias and from foreign ones. That verified indifferently for Democratic and Republican political personnel. It was obviously legal in the USA, but claimed as illegal and criminal when it was supposed to have verified relatively to foreign States and politicians the USA considered their enemies. Who denounced black funds and corruption, electoral frauds and corruption neither was denounced and tried as a slanderer, nor his/her denunciations translated in judiciary actions. For example the whole costs of the electoral campaigns for the 2000 Presidential elections and ‘general’ (always partial in the USA) elections were estimated 3 billion dollars.10 For Sartori, the total cost of the 2000 Presidential elections was of the order of 1 billion dollars11. Also vote is always a form of reciprocal conditioning (in fact in Italy purged candidates were accused of the crime of exchange vote), in one wants to use this kind of reasoning frame. Following judicialist Italian frames all form of lobbying was corruption, apart from that exercised from and/or for profit of judicialist components. In fact, not differently from the case of the party financing where norms were made for being immediately violated and everybody accepted explicitly their violation, lobbing was without any rule in Italy. There was only an equivocal law on the exchange vote, made a bit before the start of the judicialist waves and widely used for charging and defaming politicians, usually without finally condemning them for it. If one looks at the USA, for example, Clinton gave judicial pardons and guaranteed the non-prosecution of people responsible of fiscal and other frauds and crimes only because they had considerably financed the Democratic Party and had assured relevant quantity of votes to his wife when she was successfully candidate as New York Senator in the year 2000. In addition he assured relevant benefits to himself at Federal State charge.12 Nobody prosecuted Clinton for that, or developed long and insistent international campaigns on these practises. Also in Japan, when systemic forces wanted to strike strong political leaders, as it was the case of Tanaka Kakuei, a self-made-man, and more generally more attempt of Ennio Caretto, Tutti I soldi del Presidente, All the President’s money, Corsera, IE, 17 July 1999. Mafie straniere finanziano la politica USA, [Foreign Mafia finance the US politics], Giornale, 24 December 1999; Ennio Caretto, Usa, un voto deciso dai dollari, [USA, a vote decided by dollars], Corsera, IE, 25 January 2000. 11 Giovanni Sartori, La grande scelta in tre domande, [The great choice in three question], Corsera, IE, 7 November 2000. 12 Charles Krauthammer, Bill Clinton, il Presidente più "costoso" della storia, [Bill Clinton, the most "costly" President of history], Giorno, IE, 3 January 2001. 9 10 5 politics’ autonomisation from bureaucracy, a wide claim about ‘structural’ corruption and bribe was built and used, in the 1970s’ and later. In the Japanese case what was in danger was the bureaucracy’s power monopoly. The legal indeterminacy was function in that country of the bureaucratic developmental leadership. Also, thanks to the media and magistracy control from the system’s leading forces, it was possible, each time politics tried to interfere with real government, to oblige to the retreat political leaders, reaffirming the submission of the political system. Already between 1983 and 1986 the experiment of the creation of a kind of external fraction of a LDP object of media and judiciary attack for supposed corruption had been realised, creating the New Liberal Club (NLC). More organically and decisively, in the 1990s’, the LDP long monopoly power from the half of the 1950s’ was broken, since bureaucracy initiative, with the creation of the New Frontier Party (NFP) at the end of 1994. It was a party with an electoral weight of the order of 30% votes13 founded in a contest of continued media and judicial quarrelling against the LDP ‘corruption’ and illegal financing.14 If in a country governed since 1868 by forces outside formal politics and also more after WW2 from a bureaucracy’s dictatorship, there was political ‘corruption’ evidently bureaucracy wanted it, as control tool. Apart from the different nature of the two State formations and countries, one, Japan, strongly developmental, the other one subordinate inside the international order, there were common political patterns. The situation of indeterminacy of politics and its financing reflected the necessity to keep it subordinate and blackmailable. In the case of Japan the subordination was essentially internal. ‘Corruption’ was, for its ethical contents, the brand under which to justify attacks to the political system. Partridge writes: “Tangentopoli15 is the name commonly given to the series of corruption scandals first emerging from the northern city of Milan, previously thought of as the model to the corruption-ridden bureaucracies of Rome. The exposures were set in train through the energetic and sustained work of a group of Milanese magistrates, a prominent member of which, Antonio Di Pietro, soon become something of a national hero.”16 The news of “447 old-guard politicians, including five former Prime Ministers, had been investigated on various corruption-related charges”17 by March 1994, was complemented with the most linear of the explanations. In Italy “the intensity of the inter-party competition drove extraordinary numbers of politicians over the boundaries of legality in the search for party funds and this, combined with the unleashing of the judiciary’s potential independence, made the corruption scandals exceptional among Western democracies.”18 It was a very weak and question-avoiding logic. A ‘scandal’ is evidence of nothing and it is even impossible to define rigorously what it is, being totally subjective to remain scandalised. Partridge arrives even to define a comparison between Italy and supposed “Western democracies”, funded on an entity, “corruption scandals” cannot be defined, but even if defined and synthesised in data would be data on a stated and incomparable feeling. 13 28% votes at the 20 October 1996 general elections, while the LDP got 38.6% votes in the singleseat constituencies and 32.8% in the proportional representation. 14 (Johnson 1995), (Rei Shiratori 1992), (Rei Shiratori 1993), (Rei Shiratori 1994), (Rei Shiratori 1995), (Rei Shiratori 1996); (Rei Shiratori 1997); (Junko Kato 1998). 15 Kickback-city 16 (Partridge 1998, p. 77/78). 17 (Partridge 1998, p. 78). 18 (Partridge 1998, p. 79). 6 Actually that there was never any judicial evidence that the persecuted politicians were corrupted, or that they were such more than both the British and US MP, and the MPs of the Italian saved parties. Simply political Prosecutors never cared of this aspect. Eventually persecuted politicians were, as normal for all party and politician of a particratic system, institutionally19 blackmailer. It does not seem that US, British, French, German, etc leaders live in perfect insulation, and that they damage the economic lobbies pays their political activity. There is also the further problem of which kind of real relations established between who has economic powers and who is elected thanks to it, and between who has a political and/or bureaucratic power position and asks funds for being elected or re-elected. Anyway different affairs generally immediately repressed in the USA and UK, and which led to magistracy and Parliamentary inquiries (for example in the November-December 1999) in Germany, and to the explosion of different affairs in France, showed how party illegal financing was everywhere current practice.20 In the 1999 Germany they were used for the political liquidation of Kohl inside the CDU21. But overall Partridge alluded to bureaucratic corruption. Italian bureaucracy was not actually really and systematically investigated. When some bureaucrats’ cases emerged it were not really deepen. To a high bureaucrat of the Heath Ministry, Poggiolini (and wife in similar position and corruption) whose revenues declaration was of 80 million per year some tens billion liras were found22, in part simply hidden in the furniture (coaches) of his home.23 They came from the pharmaceutical industry. Also if over 55 billion liras initially confiscated, 14 were returned to the Poggiolini wife, Pierr Di Maria, because judged as totally licit24. For the illicit part, he and wives had been evidently also politically and TUs protected for decades25. Already a couple of decades before, in 1975 Poggiolini had been investigated and accused because too ‘connected’ with pharmaceutical industries.26 Too many interests would have been touched. Magistracy had no real interests in these things and politics, already too weak for dealing with them, was also further weakened from the judicialist waves. The practice of bribes is not total. But it is so diffused, since the nature of the Italian public administration not service- but clientelism- and life-job-oriented, that honest investigators, as the Prosecutors of the purges were not, would have needed to transform State and public offices directly in prisons. No concern with efficiency, the consequent absence of controls and the certainty of the life-job, made personal corruption not contrasted in these contests, even promoted. For the May 2000 Rudiger Dornbusch the Italian 19 In spite of the personal role and attitude. Scandali internazionali, [International scandals], Corsera, IE, 1 December 1999. 21 Among his ‘crime’, from the point of view of the forces wanted the Italy’s and EU’s destabilisation, there were the German unification, the EU promotion, the agreement, a couple of years before, to the Berlusconi party adhesion to the EPP. (Maurizio Caprara, Martino: «Cade anche il modello Germania», [Martino: «The German model falls down»], Corsera, IE, 1 December 1999). 22 Bribes of this order are not Italian monopoly. For example, inside the Israeli intelligence, the Mossad, have been signalled private businesses of his functionaries of the same order; (Hoy 1990). Health, Defence and Public Works are big business everywhere. There is no evidence that in other countries the non-explosion of affairs and the public financing of politics, implied lesser global (politics + bureaucracy) corruption. 23 From Corsera, 21 October 1993, in (Biagi 1995, p. 181). Biagi referred of 45 Billion liras found. 24 Quattordici miliardi restituiti a Lady Poggiolini. Il tribunale: «Furono guadagnati lecitamente», [Fourteen billion returned to Miss Poggiolini. The tribunal: «They were legally earned»], Corsera, IE, 19 November 1999. 25 From Corsera, 11 November 1993, in (Biagi 1995, p. 181-183). 26 OP, 6 December 1975, and others in (Pecorelli 1995, p. 247-250). 20 7 bureaucracy was pure waste27. In reality it was worse. The rhetoric of the necessity to “refind transparency of democratic government”28, actually presented as pure slogan – while efficiency and possibility to fire civil servants are basic techniques, not slogans – was the classical conservative reply to institutional, not only personal, corruption. Bureaucracy always refused even all control on simple clerks’ revenues and properties, also after 1992/1993, with judicialist magistrates avoiding this kind of questions in their daily briefings on all institutional fields. Political magistracy ought to preserve its corruption as the corruption of the whole magistracy accepted its hegemony but for pure conservative goals. Transparency was opposed from della Porta to the claimed happened decision-making transfer to inter-parties and -interests Masonic lodges would have verified in Italy since the 1970s’. The theoretical and practical question would have eventually been why precisely in the moment of the post-1968/1969 apotheosis of TUs, parties and people power, and parties and TUs apparatuses acting as societal police forces, real decisions passed to transversal centres as Masonic lodges with criminality as police forces29. The myth of privatisation, reduced from everybody to pure cover-slogan, realised equally without using it as occasion for results’ concern favoured the further dissolution of the State technical corps, zeroing contracts controls and increasing costs, by external collaborations eventually realised from the same should be checked.30 In Milan emerged from the sub-products of the political purges investigations that there was the entrepreneurs’ custom to pay also the retired bureaucrats. Contrarily those in services would have refused the payment by instalments. They were surer in that way.31 Such kind of organised and inter-generation solidarity of corrupted bureaucrats imply wide complicity, in first instance at TUs level, but also at level of magistracy which saved “«Dovete smantellare rapidamente tutta la vostra burocrazia: non protegge nulla, è spreco puro. Soltanto gli interessi costituiti riescono ad autoproteggersi. Ci vuole un governo che esca dalla routine del processo politico. Non potete più permettervi il lusso di prendere soldi in prestito dalle future generazioni. Negli Stati Uniti abbiamo cominciato a deregolamentare venti anni fa, e adesso stiamo godendo i risultati grazie a una crescita del cinque per cento: il nostro unico problema è che è troppo alta, non sappiamo come rallentarla».”; [“«You must rapidly dismantle all your bureaucracy. It protects nothing. It is pure waste. Only the constituted interests succeed in self-protecting. It is necessary a government outside the routine of the political process. You could not permit any more the luxury to borrow money from the future generations. In the States we began to deregulate twenty years ago, and now we enjoy the results thanks to a 5% growth. Our only problem in that it is too high. We do not know how to slow it».”]. (Fisco e rigidità hanno spinto l’Italia sull’orlo di una crisi economica. L’impietosa analisi e le infauste previsioni di Rudiger Dornbush, [Taxes and rigidities pushed Italy on the border of an economic crisis. The pitiless analysis and the unfavourable previsions of Rudiger Dornbush], Foglio, 12 May 2000. Naturally with the extraordinary absence of coherence, or simply of unbiased information, characterises the US resident academicians, he was in favour of the Italy’s destabilisation and he saw in the 1994 Berlusconi short government a fascist danger. Naturally neither knew what fascism was. Nevertheless he caught some aspects of the Italian and European bureaucracy. 28 (della Porta 1992, p. 262). 29 These trends were exposed from (della Porta 1992, p. 250-263). Confirmed from the 1990s events, nevertheless, in my evaluation, they had nothing of astonishing or moral repelling. The not working of official institutions and mass organisations creates and/or valorises parallel ones. Masonry and capillary networks of social and police control are typical of solid State formations as the British one, what would scandalise certain anti-Masonic from the one side and libertarian from the other side Latin intellectual traditions. Nevertheless a kind of law-of-silence seems to avoid the comparison for example between the judicialist claims about Masonic and criminality domination in Italy and their reality for example in the UK and USA were there are integrate harmonically inside State power. 30 MP Elio Veltri, SRDCH, n. 112, 10 December 1996. Veltri, an hard-liner judicialist, was elected in the lists of the PDS. 31 MP Elio Veltri, SRDCH, n. 112, 10 December 1996. 27 8 for example the TUs’ galaxies. Consequence of this kind of State order was that not in all cases the civil servants object of corruption judicial condemnation they suffered disciplinary measures. And even in cases they were inquired for relevant corruption crimes they were not always removed from their offices.32 The same della Porta evidenced how poor administration generated the search for privileged channels, bribery/corruption, increased poor administration.33 The search for privileged channel generated also, in a context of myopic politicians and Statesmen, their submission to inefficient and corrupted bureaucracies. Not innocuous and accomplices moral appeals to transparency but the subordination to efficiency and citizens-oriented services could permit to break the bureaucratic deadly circuit and to deal with the created pitfall. Efficiency remains the suppressed concept of the della Porta elaboration, who prefers to rely his deluded34 hopes in a supposed virtuous cycle created from a supposed35 weakening of organised crimes since the supposed36 weakening of its political connections37, and on the equally deluded38 bureaucratic reform perspectives opened from the 1992/1993 pogrom39. However also efficiency is not so easy definable concept. It is generally claimed, because sounding deceitful, that efficiency implies honesty and is incompatible with corruption. The logical link is unprovable. Historically and factually, the stated link is false. The British and US State formations have been work of corrupted men and women became later the ruling class. It built itself on the violent expropriation of previous owners and common properties. Piracy against the State enemies was State promoted and protected. The ruling class was characterised from mobility, alias not from the stable transformation of the bandits in honest people but from a continue struggle of everybody against everybody. Competition with concern for achievements was the key of the relative success of both the State formations, and more generally of all the white-Anglophone ones, for an historical period. MPs were chosen from local caucuses, and also when later there was the need of the people vote, the elitist nature 32 MP Elio Veltri, SRDCH, n. 112, 10 December 1996. Donatella della Porta, in (della Porta 1997, p. 41). 34 After some years of her individuated creation of a virtuous cycle, probably only founded on the Italian rhetoric (not its reality!) of the anti-Mafia struggle, no improvement there was in the Italian public administrations. 35 In Italy there was no evidence apart from the self-interested judicialist claims. 36 Organised criminality seems strongly connected with the different currents and clans of the Lefts parties having got real power during and after the 1992/1993 pogrom and with the different clans of militant magistracy both by directs links and by justice collaborators. See later for evidence. Organised criminality is actually connected with everybody in politics and in office. Nevertheless the Italy’s real political power, since 1992, is, in spite of its reduced vote’s consistency, the PDS considerably more than other parties. 37 Donatella della Porta, in (della Porta 1997, p. 42-48). 38 Because not realised. 39 (della Porta 1994, p. 461-488). Della Porta expresses the some formalism actually fed of illogical connections and associations claiming that ‘corruption’ obstruct democracy because the politician would be subordinated to businesses instead of “elaborating general programs” (della Porta 1994, p. 485). Again, apart from that corruption and ‘democracy’, whatever the conception of democracy, seems without any connection. It might be even claimed that exactly the need of conquering people vote makes, more this in necessary, corruption inevitable. But again politicians’ role is not the elaboration of programs (art in which for example the Italian politicians and their intellectuals have always been over-super-experts). It is assuring governance, which is skill and art considerably less rhetorical and sounding but more essential. Transparency and democracy appear in della Porta as the smoke concepts used for avoiding key questions of efficiency and governance. ((della Porta 1994), (della Porta 1997)). 33 9 of the selection of the candidates did not change substantially. What means that local gangs (in a foreign country they would have been called Mafias, there they were called caucuses) controlled not only the local economy and State apparatuses (the Crown representatives, or the either elected or designed from higher instances local), but also the political representation. Even logically it is more socially profitable efficient and surplus-producing corrupt people, than honest business-inept, and resource wasting, honest people. That in spite that the powers’ propaganda prefers to state the honesty of the world powers and the corruption and moral depravation of their enemies. It is only a sounding slogan. As market, apart from that before using the concept it would be necessary to define what is the exact meaning of the word, is guarantee of nothing. In France it was noticed for example that the end 1970s deregulations increased political ‘corruption’40. But again it would be necessary to inquiry whether corruption increased, or just the claiming or the legal prosecution of ‘corruption’. Legal frames create ‘corruption’. In France for example the wish to regulate political competition according to some supposed principle of fairness, created the constant succession, pursuing, of norms41, which gave more the dimension of the attempt to save previous illegalities, than the achievement of a real fairness between political competitors. In fact ‘public opinion’ may be bought and convinced in a plurality of means depending decisively more from real power and wealth than from legal frames, as also in France was noticed 42. Exactly as in Italy, the possibility of governing politically markets and their access, increased the possibility of ‘corruption’. And the concern in legal-bureaucratic-controls, making further distant and confused the individualisation of personal responsibilities43, increased the possibility of ‘corruption’, and the guarantee of its impunity. But also the absence of State intervention and of control, and juridical frames not making legal what elsewhere regulated, only apparently suppress ‘corruption’. All the advertising and promotion industry, most developed where quantitative development is greater, is only the legalisation of bribes and deception, at social as bureaucratic and political level. And what seems efficiency may actually resolve in enormous social wastes and dissolution. Moralism, at the service of the one or the other propaganda, avoids all these questions. Anyway when France and Germany most excited on the Italy’s ‘corruption’, in occasion of the 1992/1993 pogrom, exactly in those years the Franco-German cooperation in party illegal financing was at its climax. The French Elf-Aquitaine existed also before for parts the needs of the French illegal financing. It was one of its functions, not different from the Italian IRI. But specifically in 1992 it permitted to Mitterand to finance illegally the Kohl electoral victory. Kohl was judged as less incompatible with the French interests, relatively to the kind of UE construction, than his competitors.44 Apart from the moralistic point of view, not infrequently cover of more substantive immorality, there is nothing of astonishing in this kind of transactions. Simply they are illegal. Law creates legality and illegality, for reasons not always clear and frequently irrational. 40 (Doublet 1997). (Doublet 1997). 42 (Doublet 1997). 43 (Doublet 1997). 44 L’unità europea si è fatta anche pagando il prezzo dei finanziamenti illegali, [The European Union has been made paying the price of illegal financing], Foglio, IE, 25 January 2000, p. 1. 41 10 Bureaucratic corruption and political illegal financing, as also eventual single politicians corruption, remain phenomena certainly intertwined but conceptually different. Partridge, done the first step of confusing corruption and illegal financing, and resoling everything in too banal justification, found on this his avoiding of all real questions. Why did investigations explode in Milan and not in Rome? Was it casual that in Milan, the economic capital of Italy, there were the Craxi headquarters and that it was also the city of an already in 1978, aspiring Pope, the Jesuit Cardinal Martini, not surely a pro-Craxi personality. Antonio Di Pietro, a judicially-innocent corrupted rightist, coming from a Defence Ministry job and later from the police, more than the Partridge national hero become more banally PDS senator, in November 1997, in a hyper-PDS constituency. Why suddenly in 1992/1993, from a rightist future PDS Senator, and in a situation, for Partridge, of “judiciary’s potential independence”, were “447 old-guard politicians [actually the double], including five former Prime Ministers” ruined, and not before? Was it the technique of 50 years waiting for better striking? Was it a sudden explosion of Milanese and Italian perversity? Was there a sudden 1992 magistracy ‘independence’ or instead a specific form of change of their dependence? Was the approaching Cossiga Presidency expiration psychologically and professionally liberator for the Milan Prosecutors? Was the Maastricht Treaty a kind of moral and/or material push? Was before 1992, after than in 1990 it was amnestied without no militant Prosecutor promoted insurrections against Constitutional organs, illegal party financing permitted? Did only in the 1992 Milan anti-CAF Prosecutors get adequate bodyguard, disposability of police and Intelligence apparatuses, and other Milan judiciary structures’, CSM’s, Cassation Court’s, etc. adequate support? Why did this conjunction of lucky events verified exactly from the first half 1992, after the cold war game collapse and the US model domination restructuring? In the Partridge tale there is only this sudden explosions of the bubble-‘corruption’, in spite of some knowledge the author shows of Italian affairs, even if without posing too many questions to the appearances of events. The approach is typical of an academic tradition having too much familiarity with powers’ interests. Used knowledge is there only function of the political ends of the respective power national interest, not of heuristic goals. Nevertheless, in spite of all biased representation, ‘corruption’ seems to have specific correlation neither with Italian politics (apart from the peculiarity of the systemic features), nor with the international powers’ enemies. For example the Italian and the German PM of the 1930s were of absolute personal honesty in relation to State properties and funds. But also later, in the very late 1990s, in occasion of the resigning of the European Commission, on 15 March 1999, the two Italian Commissioners, named from the Berlusconi government, had no role in the affairs of favouritism and irregularities. Neither the economists Mario Monti nor the radical politician Emma Bonino (targeted from thousands of anonymous letters of chauvinist and xenophobe British people inviting her, defined as a "Mafia-woman" – she was actually from Piedmont, Northwest Italy – to go home since her competent defence of European consumers) had any role in the episodes of favouritism and corruption. The responsible were Mrs. Edith Cresson (French), Mrs. Wulf-Mathies (German), and Mr. Pinheiro (Portuguese). The not necessarily statistically representative sample contradicted also eventually gender claims hypothesising that power and corruption were masculine marks. In addition the main responsible of the omitted controls was the Swedish Commissar Anita Gradin, and the responsible of the Anti-fraud board, the Danish Per Knudsen. With Clans-style procedures, corrupted were protected and 11 corruption silently solved, without punishing the persons responsible of it. President of the Commission was Jacques Santer (Luxembourg). He was responsible of having omitted the internal controls permitting the creation of a wide situation of abuses. 45 Who had denounced, without slandering anybody, who practised favouritism, also in businesses/contracts involving relevant flows of money, Paul van Buitenen, was punished. In fact the EU functionary was accused of having violated the reserve duty, was warned, threatened, and now unreliable he was moved to building maintenance charges, in alone an isolated office in an empty floor. Who practised favouritism was protected from the highest instances of the Commission, and in spite of the resigning of the Commission members bureaucratic corruption continued as before, but now more protected since the persecution of who had denounced it.46 Mrs. Cresson was French47, and of a France troubled, in 1999, from episodes of supposed personal corruption of Right as of Lefts high exponents of its ruling class. The collective resigning of the Commission because she and Santer refused their individual responsibilities was a collective act of accusation against them. Nevertheless direct comparison with cases national corruption is not really possible. It was noticed, in Italy, that what for Mrs. Cresson was reputed a possible abuse was not such, in the evaluation of the Brescia GIP, for the Prosecutor Di Pietro. Mrs. Cresson was ‘accused’ of favouritism, and also more and worse than pure favouritism. Prosecutor Di Pietro was formally accused from the Brescia Prosecutor office of having accepted/pretended cars, money, other goods from some of his inquired, at the time of anti-CAF and anti-Berlusconi strikes. These, for the Brescia GIP, were not crimes, if committed from the most known Prosecutor against the CAF. Consequently they were no-crimes. Mrs. Cresson was politically destroyed from her supposed crimes. Di Pietro enjoyed a successful political career, for the ending part of the 1990s, in spite of his no-crimes. But if one was guilty while the other one judicially innocent, everything was fair.48 In the EU there was a more massive corruption the old liberal and FI MEP Raffaele Costa denounced just elected. In addition to the 25.410 employees, which it may be were all indispensable, there were 459 Committee, with the participation of about 10,000 experts representing 15 States. They were high bureaucrats, ‘experts’ TUs functionaries. The inquirers of the EU Commission had already defined these Committees as the real centres for sharing loot, and main source of irregularities.49 Nobody of the UE top levels and no member State, and relative media, posed the problem of dealing with them. Either they were absolutely indispensable, or they were useful place, not only for sharing lots but also for placing clients. According to the political-State convenience either one day they will become 45 Andrea Bonanni, «Colpevole», la Commissione si dimette, [«Guilty», the Commission resigns], Corsera, IE, 16 March 1999; Quei controlli senza controllo: e Anita la svedese scopre la vergogna, [Those controls without controls: and the Swedish Anita discovers shame], Corsera, IE, 16 March 1999; «Frodi e nepotismo, ecco le prove», [«Frauds and nepotism, here is the evidence»], Corsera, IE, 16 March 1999; Committee of Independent Experts, FIRST REPORT on Allegations regarding Fraud, Mismanagement, and Nepotism in the European Commission, 15 March 1999, http://www.europarl.eu.int/experts/pdf/reporten.pdf . 46 R. I., Denunciò i corrotti, «degradato», [He denounced corrupted, «demoted»], Corsera, IE, 7 June 1999; Stefano Montefiori, «Minacciato per le mie denunce», [«Threatened since my denunciations»], Corsera, IE, 8 June 1999. 47 Ivo Caizzi, «Gli scandali non sono finiti», [«Scandals are not finished»], Corsera, IE, 18 March 1999. 48 La Mercedes di Edith, il dentista di Tonino, [The Edith Mercedes, the Tonino dentist], Foglio, 18 March 1999, p. 3. 49 Costa: abbiamo 459 comitati, tutti utili?, [Costa: we have 459 committees, all useful?], Stampa, IE, 15 September 1999. 12 object of an international campaign against ‘corruption’, or they will always remain useful centre for serviceable ‘honest’ clients. In fact the case was provoked from 1998 British revelations (alias the UK wanted to strike the irresistible running of the EU toward Euro), after that the German press had censored the news on the EU Commission ‘corruption’50. However the UK became extraordinary tolerant with a personage fired from Italy PM, centre of 1980s and 1990s clamorous affairs (mismanagement of the State industry, super-sale ‘privatisation’, HSR) responsible of the devastation of the State budget, suddenly become, in 1999, European Commission President as Prodi. Some limited press defamation, just for submitting him each time he showed a bit of verbal autonomy, was all that the UK did against him, after having being their godfathers to the charge. And the deputy-President of the same European Commission Neil Kinnock became such with the responsibility of “ridding it of mismanagement, fraud and sleaze”51, actually preferred to do nothing in this direction52. Probably he had no moral title and/or no attitude for doing that: when Transport Commissar in the Santer Commission he had managed despotically the sector with the tight collaboration of the same Andrew Kahn was later formally hired from British Airways, a company it was supposed they should have controlled53. The same Strasbourg European Parliament was in scandalous conditions, where nothing of the physical structure worked properly in spite of rents (28 million Euro per semester) more than sufficient to repay in ten year the costs for building it. The Strasbourg Parliament was actually used only 4/5 days per month because the other one the activity deployed in the sumptuous Brussels Parliament (equally rented). The double Parliament was of great advantage for the removal enterprises and the indemnities of the Parliament employees and MPs. In fact documents and people ought constantly to move from a Parliament to the other one, from France to Belgium and from Belgium to France.54 A difference, between the French and British behaviours in front of supposed cases of corruption, deserves to be underlined. The second half 1999 France seemed to submit, at least in part, to justicialism. There was a Prosecutors party, which pretended independence, alias to offer on hire on the destabilisation and private interests’ markets, and the same (as for Italy and Russia) Swiss-path of the investigations. The simple rumours on possible magistracy initiatives were sufficient because the Economy, Budget, Finance and Industry brilliant Minister Strauss-Kahn resigned. It was a typical case of spontaneous submission to the executioner, while proclaiming innocence and even before to have been formally suspected. In addition in parallel with the judicialist strikes to French politics, as accompanying them, there was the WSJ accusation to Chirac and Jospin to represent a risk for NATO, because they, irresponsibly for the WSJ, wanted an EU autonomous defence.55 Also the judicial strikes were bipartisan. In the UK, just a bit before the Strauss-Kahn case, Blair had recalled into his government a Peter Mandelson had previously resigned, recognising his material corruption denounced from the press. Anyway in the UK no 50 (Marthoz 1999, p. 230/231). Toby Helm, Kinnock given job of ridding EU of sleaze, Telegraph, IE, 10 July 1999. 52 Jon Hibbs, Kinnock: No one sacked for sleaze, Telegraph, IE, 28 January 2000. 53 Lista Bonino attacca il vice di Kinnock, [The Bonino list attacks the Kinnock’s vice], Messaggero, IE, 4 April 2000. 54 Ivo Caizzi, Guasti e vetri sporchi: «S'indaghi sul Palazzo degli sprechi», [Outs of order and dirty glasses: «One inquires on the wastes Palace»], Corsera, IE, 16 September 1999. 55 Washington non ama Parigi, [Washington does not love Paris], Foglio, 17 November 1999, p. 3. 51 13 magistracy permitted to inquiry Mandelson, how it would have very likely verified if similar episode of conflict of interest had verified in countries free land for judicialist magistracy supported from power clans. In the UK, the intervention of magistracy in the fights inside the ruling class was not permitted.56 The claims on the magistracy independence, formulated form British and US media and academicians were valid just in relation to ‘inferior’ countries. Anglophone-people-dominated institutions as the International Olympic Committee (IOC), inevitably centre of relevant interests, did not seem examples of transparency and honesty. The international extension of its activities made the corruption of difficult hiding. For being chosen from IOC as seat of Olympic games, it was necessary to bribe. Differently it was impossible to gain the competition for hosting them. When Ernesto Galli della Loggia, commentator of the Corriere della Sera wrote it in the summer 1997, he was denounced from the Major of Rome the Radical-leftist Francesco Rutelli (but for the Games of 2004 Athens was chosen; evidently it paid more than Rome). There are things everybody know but must not be told to faithful common people. The vice-Chairman of the IOC, Marc Holder, Swiss lawyer, confirmed it, stating that “in the last 10 years no city hosted the games without going inside an infernal web of corruption”57. There were lobbyists disposing of million dollars, who bribed cash the members of the IOC. Also the sport press was currently bribed. What may not be astonishing because interests generally brides press. It may be bribed in the person of single journalists as distributing advertising in discriminatory way. The responsible of the IOC Press Office was the ex-head of the sport redaction of The Times. Evidently he, and perhaps also The Time, had competence in these practises. There was naturally not only the central corruption of the IOC, but also the corruption of the national branches. Politicians “from Nelson Mandela to Valter Veltroni”58 went on pilgrimage to the IOC for consensus reasons. The same Swiss magistracy interpreted the will of the Swiss government, which did not want to loose the presence on its territory of international organisms, and avoided investigations and prosecutions. After the Holder denunciation, the IOC inquiry commission, constituted from the IOC President Antonio Samaranch, was formed with IOC components. In the words of Galli della Loggia “Practically the steal repression was attributed to thieves.”59 The sponsors and TV rights’ businesses made the IOC power and its acting as a corruption central.60 It does not seem the IOC case might be considered as an exception. The entire history of the world main power and of its State structures had always been history of all kind of businesses and corruption, which evidently have not obstructed the achievement of considerable results. Their qualitative differences have been at level of State and system organisation and finalisation, and in the concern for results, not in moral differences. In part inevitably, academicians refer on corruption identifying it with the judiciary-claimed corruption. As consequence countries were there is no judicial custom to inquire obsessively politicians, as there is not this custom in the UK, USA, Germany, and more generally 56 Giuliano Ferrara, Anche in Francia pm al potere, [Also in France Prosecutions in office], Panorama, IE, 5 November 1999. 57 “«Nessuna città, negli ultimi dieci anni, ha ottenuto i Giochi senza entrare in un'infernale ragnatela di corruzione».” 58 “da Nelson Mandela a Valter Veltroni” 59 “In pratica la repressione del furto è affidata ai ladri.” 60 Antonio Galdo, [Interview with Ernesto Galli della Loggia] 'Giochi corrotti? Quando lo dissi io...', [‘Corrupted games? When I told it...’], Panorama, Internet Edition, 18 December 1998. 14 were politics is strong, what in other countries appears as politicians’ corruption and party-clientelism, there it is not evidenced as such.61 For example in Ireland and in the UK it is common activity of MPs to interest in the release of passports and/or the certification of the identity of their electors. In Italy for some occasional and even unsuccessful episodes of this kind, MPs to be purged have been accused and defamed for ‘corruption’ and Clans-connections. For Pizzorno private corruption is the violation of the procedures defined for solving or avoiding conflicts in the relation principal62-agent63. For him corruption at State-institutional level is the going over or alteration of the defined line between the power given from the control of the acts of the legal authority and the power generated from the control of the market resources. 64 Even according to this definition, the fact for example that Fiat and USSR had paid the PCI since Fiat-USSR investments and businesses is not evidence that the PCI intervention for favouring that businesses was an alteration of the relations principal-agent and State-business world. Eventually it would have been corruption in the Pizzorno definition if the PCI had obstructed the businesses Fiat-USSR if they had not paid it. On the contrary a Prosecutor could have stricken the ‘bribes’, the intermediary percentages, but not an obstructed business because the interested parties had refused to pay bribes/ransoms. Nevertheless assuming a particratic and consociative system, as the Italian one was and remained for the entire 1990s, the joint possibility of the politicians/parties to perpetuate themselves, of bureaucrats to make their offices profitable as they were their own, of the private business to profit more than possible from ‘State’, with services as pure power tool not system’s ends, the Pizzorno definitions were not pertinent. They were eventually pertinent for another, non-existent, world. They smelt also of purely legal formalism because, if State goal is not services provision but honesty (an ethical principle), the struggle for honesty guarantees neither efficient service provision nor honesty65. While the action (if a new order succeed in breaking the conservative resistances) for service efficiency without respect for bureaucratic, political, TUs and businesses parasitism guarantee results also on the front of legal certainties and rights. Particratic, as other constrained Constitutional orders, are founded on a priori differentiate accesses to State and State services, what creates a fundamental mechanism of political inequality, where citizens acquire value depending on the specific access he/she has to the State and public machine.66 When these features are generalised, as they were in Italy, they do not represent a simple alteration of State working. They create a State order pure disordered and conflicting collection of individual and small group bureaucratic and micro-bureaucratic powers paid with taxpayers’ money. This represents an institutional corruption, which certainly does not absolve the individual [moral and material] ones but, in addition, makes them institutionally and socially devastating. Point is not the Guido Carli’s corruption of the law, the subversion of the Italy’s Constitutional principle on the defence to introduce new expenditures and taxes in the moment of the budget approval, and the compulsory necessity to indicate the way to cover all new 61 (Calise 1994), (della Porta 1997). People-electors. 63 Elected politicians, and State functionaries and representatives. 64 Alessandro Pizzorno in (della Porta 1992, p. 13/14). 65 The pure pursuing of ‘honesty’ guarantees just an ethic and imaginary State assumed as perfect since some arbitrary decision. 66 Alessandro Pizzorno in (della Porta 1992, p. 20/21). 62 15 expenditure67. The post-Bretton Woods USA have prospered also without any kind of budget parity, and simply printing money to distribute to the world, and in that way paying their chronic deficit. Key point of institutional and individual corruption was in Italy the diffusion of the practice of privatisation of the State expenditure and deficit, what could produce quantitative development but without any investment on the future, which would have permitted also to absorb previous excessive expenditure. On the contrary the pure transformation of State in centre of revenue flows for micro-groups and individuals is destructive of future possibilities of sustained development, because it is the progressive destruction of State as functional entity for common wealth. What actually verified in Italy, without anybody, Constitutional and ordinary magistracy included, contrasted that. More pertinent was the Pizzorno sociological analysis of ‘corruption’. For him, it is linked with social mobility and it is typical of subjects breaking both with their previous status and the defined order. It is a way for the emergence of subjects and social, strata for breaking with their original group and to conquer positions detained from the existing power groups. He notices how, for example, in modern USA corruption was typical of Irish, Italians and Jews.68 Everybody is corrupted in the struggle for power while who has power becomes honest, as defence of his/her conquered privileges. Legality is always defence of the existent. The existent defending his/her position has the law he/she need. He/she is always honest, and also well connected with power network guaranteeing that all his action is legal and ‘honest’. It is the outsider to be criminalised from the traditional networks. Nevertheless again Pizzorno referred, in part, of another world. In the post-WW2 Italy, until the 1990s, ‘corruption’ was generalised, without distinction between modernising political parties and social strata and conservative ones. All parliamentary party approved, knowing they were fake, the fake budgets of all the other parties. Political consociativism implies consociative complicity and silence-law on ‘corruption’.69 Probably the only differentiation was that of the Radical Party, which wanted the British-US model of party financing, as of political system and State. The moment of the break of the corruption-unanimity might have been, eventually, 1994. Nevertheless the regime couldn’t not refuse the 1994 solution, the Freedoms’ Pole ephemeral victory, as it couldn’t not refuse the consolidation of a new course, of a new and stronger political system. Everybody knew that careers depended, in the wide State, public and party-controlled sector, from parties’ and TUs’ servilism and not from individual skills, and this reality was also referred in academic essays of an acute but not certainly regime disconnected intelligentsia.70 Just the Lefts lost the 1994 elections, they and their supporting press, diffused the rumour and terror that the Berlusconi government might have purged the State and regime controlled sector from the parties’- and TUs’-protected incompetents, for creating professionally instead of parties’-TUs’ meritocratic selection. Naturally Lefts and supporters were from the conservative defence of the acquired rights: who/which was regime? who/which was from the side of regime corruption? who/which had the support of the main word powers? But overall consociative political ‘corruption’ was 67 (Carli 1993, p. 423-430). Alessandro Pizzorno in (della Porta 1992, p. 44/45). 69 Alessandro Pizzorno in (della Porta 1992, p. 57/58). 70 (della Porta 1994). 68 16 founded on social ‘corruption’. Apart from that it is an opportunistic assertion of a leftist author to write “(…) it was only on one field that between government and Left opposition there was consociation: that of the public expenditure.”71 Consociation was inevitably, as frequently underlined from Italian politicians, generalised. All institutional charge asked nearly for everything the agreement of the correspondent shadow position of the PCI. Nevertheless to declare, in a country were the public debt reached 120% of the GNP, to present as nearly an aseptic and innocuous detail that there was consociativism on the public expenditure, give the dimension of the social and conscience corruption. The entire political system, with the active participation of all parties, had become not only tool of people corruption, but its popular tolerability derived exactly from the fact that Italian people pretended, nearly unanimously, this kind of corruption of which they benefited. The necessity of each social group and micro-group to have the illusion to have been more favoured than the other ones was the device of the never-ending social race, which produced the expansion of the State debt. The internal and international forces, which supported a pure regime-limited reaction (in concrete the Lefts but also the far-Right) to that situation, wanted, even if in condition of stabilisation of the 120% GNP State debt, the continuation of that old destructive scheme, which was preserved compressing investment for permitting to expand current expenditure.72 If practises of cartellised markets and cartellised politics in ‘inferior’ countries are covered by the concept of ‘corruption’, while they are socially considerably worst than banal corruption, the concept of ‘corruption’ is carefully avoided for example even for the despise of people health from State-protected private interests, when it “(…) su un solo terreno fra governo e opposizione di sinistra ci fu consociazione: il terreno della spesa pubblica.” (Vacca 1997, p. 214). 72 Italy had arrived at WW2 with considerable industrial development, but without war economy, thanks to the Fascism’s liberal monetary and commercial policies, and heavy State economic intervention Italy was second, as State intervention, only to Soviet Russia, but without for example the strong Japanese-style central planning and with families’ capitalism. Contrarily to Japan, this Italy’s family capitalism survived to WW2. Ineffective State bureaucracies had knew relevant growth, not for controlling economy but as its formal surrogate. Other techniques had permitted the efficiency of the para-State industry and of the financial sector. Liberal monetary and commercial policies and elevate economic growth continued after the war. The backward South, and the situation of a-regulation making accepted fiscal, and labour-contribution and -rules, evasion, guaranteed low labour and fiscal costs. With the hydrocarbons (deceptively saved from US expropriation) industry contribution to energetic policies, they were at the bases of the rapid 1950/1960 development. As complement and dialectical opposition to the running development, backward models of internal consensus saw progressively growing flows of revenue to the South, also under form of isolated and costly megaindustrial initiatives, the so-called cathedrals in the desert. While both TUs and industrialists refused all organic contribution to economic programming, and politics was incapable, or not really interested, to impose it. The micro-groups/corporations war of everybody against everybody continued to dominate and deepened. At half 1960s the State debt was 20% of the GNP. The recursive victories of each micro-group/corporation against the other ones led it to 120% at end 1980s. In some way the export-led model was perpetuated, but with industries not competitive in the vanguard sectors and with parallel dramatic reductions in formation and research resources and investments. The 1990s accession to Euro, and its preparatory phase, made impossible to continue to drug the system by devaluation and public debt, while Southeast Asian countries were competitive with Italian productions. The realised quantitative diffusion of revenue, the territorial stabilisation of the internal migratory flows verified overall during the 1950s and 1960s, saw the request/claim of State service in line with the economic and social improvements. (Castronovo January-March 1995). In this kind of original State-economy socio-political formation, it was again the request that State assured efficient services without touching the created privileges. The judicialist waves intervened in the bifurcation point, obstructing all State reform. 71 17 verifies in ‘superior’ countries. If the Mad Cow Disease (BSE73), or the Dioxinate Food affairs might explode, but equally in part silenced, without using the word ‘corruption’ since the wide web of the interest, when the interest are even greater, everything become ethereal, in spite of even greater possible damages. A curious case was the Anglophone world current practice of food genetic modification.. It may be, or will become, an extraordinary improvement of genetic engineering, but he point is that the effects of the results on human beings, who are their consumers, were not sure. Who claimed uncontrollable effects on human health was opposed with the weak argument that the problem had to be studied. Nevertheless the effects-to-bestudied products were diffused and consumed even without the consumer had the possibility to choose between unknown effect and relatively more normal products. A US Presidential candidate collecting 100 million dollars for his electoral campaign was example of virtue74; the [ridiculous] critique to him was at level of past drug use. 5 million dollars of total pluriannual party-political transit on a Craxi empty account75 were example of corruptive degeneration. The effects of the submission of State apparatuses and politics of ‘superior’ countries to the pharmaceutical and chemical industries, as to a lot of other ones, not different from what happens probably also in ‘inferior’ countries, are object, for the sake of the ‘national’ interest and pride, of substantial cover-ups, which avoid the categories of ‘corruption’ and/or ‘private interests’. Certainly the industry of the affairs-production, of the political purging, follows neither moral nor logical criteria. For Mellini, for the working of the system, the private bribing is better than the bribing of the political party.76 What seems to reflect a formalistic conception of ‘democracy’. Apart from that Italian political parties pretended ransoms more than being bribed, in a real systemic pact, if in a system parties enjoy a certain material Constitution this is ‘the best’ for a given system. The point is eventually the definitions of best relatively to goals not to principle religiously assumed. There is not abstract best function of a system, as there are no abstract systems. There are not political-institutional best models, but possible bests relatively to goals. The Corsera judicialist journalist and commentator, Giuseppe D’Avanzo, claimed, commenting the Craxi last text (before dying) on politics’ illegal financing, that there was a qualitative difference between the Kohl-German case and the Craxi-Italian one. The difference would have been that in the former case there was just illegal financing. On the contrary in the former there would have been personal enrichment and distortion of political-economic decisions since the illegal financing funds flows. Actually, as usual in the judicialist field, D’Avanzo did not deny that in Italy the illegal financing and political corruption were largely common to all parties and Statesmen, but his example referred exclusively to Craxi.77 Apart from the custom to create the apodictically-honest and the apodictically-dishonest politicians, judicial 73 Bovine Spongiform Encephalopathy. My intention here is not critical (electoral campaigns are costly everywhere; better, for a series of reasons, publicity of financing than hidden and/or masked one), simply comparative. 75 It was an account managed from his secretary for Craxi’s political need. It was a relative official account, not a Swiss one, which were, for all Italian parties, not necessarily less political but certainly unofficial. 76 Le molte facce di Tangentopoli – La corruzione ha portato allo sfascio. I luoghi comuni rischiano di fare il resto, Giustizia Giusta, 15 January 1994, (Mellini 1994, p. 79-84). 77 Giuseppe D’Avanzo, Quei conti in sospeso, [Those accounts not yet settled], Corsera, IE, 21 January 2000. 74 18 ‘evidence’ is not truth and is not historical evidence. It would be necessary to create an historical section of the Fiscal Police, with world powers, for having comparable evidence on the subject. In Italy even the project to create files on the State functionaries for verifying the change of wealth since their State appointments, was accompanied from the unanimous revolt, and a rapid silence. This was evidence not only that State jobs led to illegal enrichments, but also that the business (which controls totalitarian media in Italy as everywhere) and media world had a private very interest to support, by rapid silence, the pretence of non-control advanced from State functionaries. It is possible to claim that abroad politicians and Statesmen were without any direct and indirect advantage from being and having been politicians and Statesmen? In there were they were exceptions, starting from the USA and the UK where financial powers and military-police blocks were historically in office, and politicians benefited from them. There lots of different ways for being on the payroll of powers: the same fact of having being selected as politicians and Statesmen, even with the same purely legal advantages if some exception prefers not to profit of the accessory ones. But also in the Statist Europe on what the image of ‘honest’ politicians is founded? On the media image …until it is not destroyed in 24 hours? Whether politicians and Statesmen had used legal or illegal financing also for dining, or for a vacation, or for a costly education of their children, for buying a villa leads nowhere. It is only further deceiving from the point of view of the structural and political transformation made such phenomena suddenly at the centre of the people attention. Nevertheless the key point of the D’Avanzo arguing was the influence of the business (and why not also other?) financing on policy choices. D’Avanzo referred to energetic choices verified in Italy. In these cases the negative testing of hypothesis is the best. Be a single citizen or the most powerful of the world interests, is it believable that one finances a political party independently from the choices it assumes and it will assume. In this game it is also easy to observe, as judicialist custom and deception, the thing from the side of the ‘corrupted’. There is the complementary side: that of the ‘corrupter’. But even the simple worker paying a party because it defends a decaying and uneconomical industry, just because it is the worker’s immediate interest is a corruption relation, and socially devastating. It is such not differently, it may be even more depending on circumstances, from the financing of a great enterprise to a party or a candidate because it submits in some way to it needs. Again, since the multiplicity of relations and interactions, things and real outcomes are more complex than partisan polemic, generally made more for the popular masses than for achieving some understanding. There is always the claiming of a politics and policies coming from God, alias of a supposed best, from a supposed superior optimal rationality, without stating who/which is really such. Is the same intellectual work’s retribution independent from the conformity of the suggestions it produces to the interests of who/which pays for them. Is this less ‘corruption’ than any other form of monetary relation? A debate on ‘corruption’, limited to the pure appearance of what moral or moralism defines as such, leads nowhere. But, at the same time, it may be interests it lead nowhere, apart from the subliminal suggestion the arguing about it provokes in the reader and/or listener. The corrupter, included who uses its media power for subliminally favouring parties, politicians, Statesmen, who naturally must reward the corrupter, are usually out any evaluation. This in spite that to finance media, foundations, intellectuals’ conventions, scholarships and universities, be considerably more costly for private businesses than some million, or also some tens 19 million dollars, or also some hundreds, to single political parties, politicians, Statesmen. For what testified the DC Administrative Secretary Severino Citaristi, while he confessed without problems all the episodes of illegal financing, was that negotiationcorruption relations there were not in the different episodes of illegal financing.78 It is naturally also necessary to consider that the DC, not differently from the other parties, had not only one central administrative service. According to the testimony of Paolo Cirino Pomicino, an exuberant Statesman who recounted without any problem the details of the illegal financing received, the DC had about 160 different administrative services. There were local needs as currents and sub-currents needs.79 What seems actually absolutely similar to the relations politics-businesses there are everywhere in the world. Differences are at different level instead of a hypothetical corruption. If the business financing of politics is corruption, each political system of the world is corrupted. With absolute common sense, too difficult for interested intellectuals, the exStatesman Paolo Cirino Pomicino observed that in the USA the entrepreneurs financing Presidential campaigns became ambassadors. In Italy, the entrepreneurs financed politics were put in prison.80 The politics costs, in Italy, according to Teodori For Teodori, the money for the DC, the PCI, the PSI and the other minor parties came, centrally as well as in periphery, from bribes and black funds, Soviet and US intelligence, public and State boards, private groups and red Coops, but it was prohibited to speak on all that81. Overall the PCI had opposed that Constitution obliged to any form of precise regulation of political parties82. The fact that parties were organically dependent on illegal financing, accrued the power of oligarchies founded also on the ability to find funds83. The 1974 law of State financing to politics, modified in 1981, attributed the duty of control on the parties’ budgets on the Chamber’s President. The Communist Nilde Jotti refused to impose that the political parties denounced their real estates, shares and their debts. So the political parties budgets continued to be false and everybody knew they were false.84 Already during the definition of the 1974 law, all transparency had been strongly opposed from the PCI85. For what concerned the working conditions of the MPs and Senators, in harmony with the Italian exasperate 78 (Carra 1999, p. 38). (Carra 1999, p. 39). 80 (Geronimo 2000, p. 11). 81 (Teodori 1999, p. 15/16). 82 (Teodori 1999, p. 16). 83 (Teodori 1999, p. 17). 84 (Teodori 1999, p. 20). 85 (Teodori 1999, p. 69). 79 20 individualism, the Italian MP were richer in money than their foreign colleagues, but poorer in working tools.86 The constitutionalist Giuseppe Maraini coined in his 1967 work the concept of particracy. Later, in 1991, the historian Pietro Scoppola spoke of Republic of the Parties.87 However one should ask whether these currently accepted definitions actually masked an excess of power of the Italian MPs relatively to the other countries ones and the reduced militarisation of the Italian parties for instance relatively to the British ones. Consequently the point was more the systemic efficiency of the Italian political parties, the Italian inefficient and corrupting Statism, than their supposedly overcoming power. For Teodori, the Italian political parties cost, until 1992, 1,000/1,500 billion liras per year, the years without elections, and the double, 2,000/3,000 billion liras per year, the years with some kind of elections.88 The financial sources were substantially the same for all parties. And the PCI-PSI-PRI Coops enjoyed of 20/25% of the public work contracts allocated at national level89. The State funding, supplied in very different ways, was always a very reduced part of the total costs of politics 90. Nevertheless, in 1974 the political parties declared expenses for about 600 billion liras, in 1984 for about 500 billion liras and in 1992 for about 400 billion liras91. From 1995 to 1998, the political parties denounced total expenses for about 150 billion liras per years92. Is it credible that suddenly, as consequence of the judicial assaults to the Centre of the political system, politics costs had dramatically reduced? The only PCI was supposed to have got about 150 billion liras per years as 1.5% on the Italian exports towards USSR. The Italian exports towards USSR had been estimated, at contemporary values, as 400,000 billion liras between 1950 and 1987, 38 years. 1.5% over 400,000 are 6,000 billions liras.93 It is more than 150 billion liras par year. In 1992, the PDS denounced 1,478 party functionaries for a cost of about 13 bullion liras94: in practice less than 9 million liras per functionary per year. It was too a reduced salary for one year: it was more credible as the functionary cost per month. Craxi evidenced that the PSI Central Direction in Rome had 160 employees, while the only Bologna Federation of the PCI had 250 employees. The PSI employees were paid in Emilia-Romagna from Coops, so evidently also the PCI and PRI ones. The PCI structures cost more than the DC one and considerably more than the PSI ones. For Craxi, until autumn 1992, the monthly cost of the PSI was 5,6 billions liras per month reduced to 4 billions in the winter.95 86 (Teodori 1999, p. 34). (Teodori 1999, p. 38 and 242). 88 (Teodori 1999, p. 39). 89 (Teodori 1999, p. 112). 90 (Teodori 1999, p. 142/143). 91 (Teodori 1999, p. 157). 92 (Teodori 1999, p. 157). 93 (Vespa 1999, p. 208). Vespa has forgotten one zero, in his calculations. 94 (Teodori 1999, p. 167/168). 95 (Vespa 1999, p. 152). 87 21 For Vespa, as consequence of the 1992/1993 pogrom, the PCI/PDS passed from about 6,000 functionaries to about 600. Before it bought buildings. Later it was obliged to sell them.96 By the law 252/1974, the same year of the creation of the State financing of political parties, a colossal fraud at the advantage of the political parties, trade unions, and connected organisations was realised with State funds. Until 1995, more than 45,000 party and TUs ex-functionaries were benefited by INPS pension funds.97 It was another form of financing political parties. Another legal fraud was realised by the law 816/1985, overall at PCI/PDS advantage. In practice, in the moment PCI/PDS functionaries were elected as local council members, they were falsely assumed from Coops of other private enterprises. In this way their councillor salary was doubled, and the INPS-pension funds were paid from State.98 In practice, in Italy, the legal financing became a pure screen for covering the illegal one to the large masses, which however perfectly knew that politics financed illegally. What realised was only a great hypocrisy, which finally surrendered the central part of the political system to subversive fractions of magistracy. The judicialist offensive and purge did not change the mechanisms of State financing. State financing was attributed to all “parties” of al least two MPs (even only EMP, when this was indispensable for financing some group had remained without representation in the Italian Parliament). And, what is worst, State financing was attributed independently from any private financing: an incentive to illegal financing and/or not looking for private financing. The media-academic deception on the ‘heroic’ magistrates-executioners The objection that magistrates-heroes, alias the executioners of the 1990s Italian coups, should not be objects of unprejudiced analysis99 reflected only the cover the Anglophone academicians and media have given not only to the 1990s subversion but also to its protagonists. The punctual 1999 The Telegraph campaign against the Prodi then EU Commission President showed that Italian reality was well known, the ‘heroes’ corruption and personal interests well clear, even the direct access to original sources and documents not a problem for Anglophone journalists and scholars, when they national interest imposed initiative. If the Prodi not any more Lefts’ cover and Berlusconi opponent might be discharged from the previous ‘protection’ because it was necessary to strike the EU, the role of servile judges should still be saved from analysis and information. That the practice of servile-to-power social sciences, and the practice of power-functional construction of reality, was eventually generalised does not absolve that relative to the present points. 96 (Vespa 1997, p. 281). (Teodori 1999, p. 124-126). 98 (Teodori 1999, p. 127/128). 99 This kind of objection/obstruction is readable in the absence of the research, and on the deceptive one later quoted. It is also directly verifiable by the Anglophone academic clans of amateurs of Italian questions. I verified it directly. Nevertheless the analysis of the published and non-published material on the point object of this paragraph is more than sufficient. 97 22 Methodologically, as an action claimed as against ‘corruption’ may not be a priori assumed as such at analytic level, to assume as uncorrupted its protagonists reflects really impossible, and impossibly falsely-naïve, assumptions. If these assumptions were used in the key cases of the Milan (the Lefts’ and far-Right protectors and promoters) and Palermo (the winning, and anti-CAF, Clans protectors and promoters100) POs, that may not have been casual. There was either incompetence or corruption, or both, of who covered the running trials. Even the information on the personal corruption of Di Pietro, an interesting case of judicially-innocent [until the end of the 1990s] corrupted Prosecutor, and on the Carabinieri-denounced Clans collaboration of the Palermo Prosecutor Lo Forte and others, were carefully removed from what became a story-building more than real analysis. The main Craxi liquidator and the main Andreotti paralyser were publicly showed, thanks to this mediaacademic protection, as object of international powers concern and support, as they had been de facto the most precious of their agents. If in Milan Di Pietro and others were suddenly activated for the developed campaign, in Palermo the inquiry against Andreotti, the hard-liner Lo Forte led, passed through the elimination of the anti-Clans and of the moderate magistrates of the PO and the strikes against their collaborators in the police, Intelligence, military apparatuses. Not only current information but also what inevitably present in older and more specialised researches was removed from the 1990s Italian politological analyses. The omission of the historical link, for example, between Sicilian (and American-Sicilian) Clans and US government101, key point in the analysis of the Italian 1990s, proceeded through various passages. The role had had criminality (British, Irish, Jew, South-Italian), in the building of the contemporary USA was systematically omitted. Specifically the role and the US State connections with the American-Sicilian-Neapolitan Clans already before WW2, and even more during it, were omitted. The American-Sicilian-Neapolitan Clans were anti-fascist collaborator of the US State on the US territory against the infiltration of German and Italian agents through the US ports American-Sicilian-Neapolitan Clans controlled. In 19431945 the American-Sicilian-Neapolitan Clans were anti-fascist collaborator of the US-British occupation of Italy, and its anti-fascist and anti-communist collaborator at social and political level for a criminal model of US-British control of the South Italy102, and through it of blackmail on the entire Country. Not that the practice was original and new. Already the British-wanted and -promoted destruction of the Southern Kingdom in 1860 by irregular techniques, and its incorporation in the Piedmont Kingdom, realised, overall in Sicily, thanks to pre-defined links with the local barons and Clans powers. That the US State and politics links with South-Italian Clans continued well after WW2 was showed for example from the connections relative to the Cuban question and to the same Kennedys political activity and events. Clans are inevitably entities live thanks to official power, as its supporter and 100 The assertion may even be assumed as tautological, in first approximation, if one prefers. This is a field where, when the causes of the phenomenon are not removed, to strike somebody or some Clans favours inevitably other people and other Clans. 101 Also the British State, already at the time of the Garibaldi expedition, had always had tight connection with Sicily. 102 The Office for Strategic Services (OSS), for the Sicily occupation, was linked with the Mafia of Lucky Luciano. During the occupation Mafia-men was installed everywhere, also as mayors. (Gurwin 1983, p. 184). 23 supported. Episodes in previous chapter referred show how their and military mobilisation on the Italian territory covered all the phase of the destabilisingstabilisation. And there is no evidence that these links were ever broken. On the contrary there was evidence that also the new drug businesses, also in the 1980s, saw the co-interests of the American-Sicilian-Neapolitan Clans and State apparatuses, the US one included103. What was inevitable, being these businesses connected with those of arms (inevitable State-connected), which interested both the USA and traffic lines passing through the Mediterranean area. The same magistracy and political clans (of the Lefts overall) were charged of the operation, from the South, against Andreotti and later against Berlusconi, were guarantee of these other businesses. The absolute stereotype of ‘heroic’ magistrates should be preserved at 100%. Overall because the political operations in the South and from the South were yet developing during the 1990s, or anyway they continued to be opened in 1999. In Milan Di Pietro had finished his dirty work of CAF eliminator in 1994 with his resignation, just a bit before the Berlusconi government end. Even if no real analysis and report on news concerning him there ever was, some limited referral to his judicial problem, eventually subliminally presenting him as object of some revenge, was possible after 1994, without risking to enlighten, on what he did between 1992 and 1994. The CAF had been yet liquidated, and the operation against Berlusconi continued strong, but also with even stronger resistance, from the remained Prosecutors of the Pool. The Milan PSI connection of Di Pietro, and his participation to the tricked public selection of the Milan Chief of the Communal Police, and also connected business of money104, were know already in 1992. In 1993 the name of Di Pietro as police excommissar started to emerge, not in Milan but in Florence, in relation to an affair, the so-called Milan car-parking. It was a Sicilian Clans logistic structure, operating since long time and supposedly covered from State apparatuses and from the same Di Pietro as police commissar. There were also connections between this Sicilian Clans logistic centre and the Sicilian bomb-blast against Falcone. The affair was rapidly suppressed. The Florence investigation was blocked. The Florence investigators had had the guiltiness to have discovered what the Milan police and magistracy had not discovered. The dossier passed to Milan, where naturally nobody inquired Di Pietro possible responsibilities. That Di Pietro used the cellular-phone ‘borrowed’ from one of his defendants, the entrepreneur Antonio D’Adamo, was already published in the Catholic weekly Il Sabato, in the summer 1993. Also his Chief Borrelli knew it and accepted, so he declared, the Di Pietro justification that D‘Adamo had given it to the Di Pietro wife, a layer.105 The official and direct accusations to Di Pietro of personal corruption were periodically known. At least from 30 September 1994, it was known that he was investigated from the Brescia prosecution Office about episode of personal corruption when Prosecutor106. It was public that just a telephone taping 103 (Cipriani 1998b). Di Pietro had asked to some entrepreneurs to pay relevant play-losses of the Chief of the Communal Police he had selected in an already PSI-decided ‘selection’. Evidently in the Di Pietro world was current, for a magistrate, to be selector in a tricked selection, and later to ask relevant sum of money, as gift for paying play-losses of a friend. But also for the other militant Prosecutors and heads of the Milan PO it was normal that another Prosecutor acted in such a way. 105 (Andreoli 1998, p. 179). 106 (Burnett 1998, p. 286). 104 24 reported the Pierfrancesco Pacini Battaglia assertion that he had paid was going out from clean hands, Di Pietro resigned as Public Work Minister107 of the Prodi government in the autumn108 1996109. Nevertheless it was already from the second half of December 1995 that Di Pietro was pursued by 7 different request of the Brescia PO to try him. 5 of them were for concussion.110 On the other side the connection between very profitable and relevant business and the partisan action, or the partisan omitted action, of the Milan PO was so systematic, at least since the 1980s, that the assumption of its honesty and legality may no be made. If not carefully demonstrated for all its single action and for all its members, it would be correct, from a heuristic point of view, the opposite assumption. The Milan PO connections with the FBI and DEA should reinforce this methodological mistrust. These and other elements relative to the Di Pietro nonchalance and corruption were frequently111 presented, in academic works, precisely in yearly summaries, as (D'Alimonte 1997), collections of essays destined, in the intentions, to be consulted from further faithful academic researchers, in the following way. “Minister Di Pietro resign from government amid continuing accusations from the Guardia di Finanza and the public prosecutor of Brescia.”112 The deception is in the omission of the specification that the accusations were for corruption. The CAF and Berlusconi government liquidator should not be associated with corruption if not as heroic fighter. The investigation on the Di Pietro corruption, or supposed such, are “the investigations into his affairs conducted from the GICO of the Florence Guardia di Finanza”113. Here the language is Clans-style: “his affairs”, as he had been disturbed in relation to some very personal and intimate question. Investigations on Di Pietro corruption were simple investigations on his private businesses. Alias, there was in the author the clear perception that Di Pietro and the other political magistracy were above all current law and criteria. Certainly Di Pietro might also be innocent when the 107 18 May 1996 - 21 November 1996. They taping were public since 14 November 1996; (D'Alimonte 1997, p. 14). 109 (Andreoli 1998, p. 183/184). 110 (Negri 1996, p. 321). 111 Other authors, whatever their legitimate comment and analysis, reported the essence of the facts without any problem, as D. Nelken, in (Caciagli 1996, p. 196). Although without posing too many questions about the privileged treatment reserved to Di Pietro, and the meaning that such a personage had led a political cleansing. But the prevalent line, for the large majority of the authors was censorship. Di Pietro was personage politically, and also psychologically, highly mobile. Personally intimately a far-Rightist, he would have liked to occupy the space already occupied from Berlusconi, in spite that Berlusconi occupied the liberal-Centre. But he would have been competitive also in relation to the Lefts electorate, in particularly that of the ex-PCI, where far-Rightist-populist paradigms and personal styles had always been popular, also if with different designation. In particularly Di Pietro had been ‘pumped’ also within the Lefts for the entire phase of anti-CAF and anti-Berlusconi action. Before Di Pietro became, in November 1997, independent-PDS Senator different options were theoretically opened, or perceived as opened for him. It may be that the information on Di Pietro, when it was a bit freer, it was let to pass, instead of suppressed, as in the case now quoted, according to some contingent political evaluation. This hypothesis is confirmed from the weird discourses of Nelken, some pages later (D. Nelken in (Caciagli 1996, p. 201)) on the needed “formal conclusion” of the Milan campaign. It was an illusion present at that time (1995/1996), in PDS fractions had not clear that a party having failed the goal of acquiring a mass influence and roots, similar to that of the old DC, could become a bastard and shrunk form of the old DC only by the judicialist action. 112 (D'Alimonte 1997, p. 14). 113 Roberto D’Alimonte and David Nelken, in (D'Alimonte 1997, p. 27). D’Alimonte was Professor in Florence, Italy, Nelken in Macerata (Italy) and Cardiff (Wales, UK); (D'Alimonte 1997, p. 275). 108 25 piece was written, as were judicially innocent the majority of the politicians he persecuted and who did not enjoy any innocence presumption from media and academic milieus. On the contrary people conditioned from such propaganda devices was never informed about the politicians acquittals. But other academic production avoided even any slight reference to the investigations on Di Pietro. It is the case of (Bufacchi 1998). Other material limited to slight hints. At least, in the Chronology of (Caciagli 1996), it is clearly written that: “Antonio Di Pietro, being investigated for corruption and abuse of office, is interrogated for seven hours by prosecutors Salamone and Bonfigli.”114 There is also some other limited factual information, about judicial appointments. But that he took money and goods during 1992/1993, not only eventually before and after, become an aseptic “having improperly served personal interests while in office in a period that predated Tangentopoli (…)”115. Million dollars pretended from defendants are chaste “personal interests”. The dogma of the pure fighter might not be broken, even if absolutely unessential in a laic, nontotalitarian, approach to reality. That everything was a fiction for other purposes is indirectly suggested from certain authors feeling the need to propose senseless and deceptive conclusions of the 1990s pogrom. “If Tangentopoli is to be ended formally it will require some such solution, packaged in a way that satisfies certain narrative requirements which allow it to be ‘rhetorically managed’. The climax may arrive if Berlusconi is convicted in a new show trial (‘I fought the law116 and the law won.’). Alternatively, the charges against Di Pietro may be used to show that no one, not even the most admired judge, has ‘Clean hands.’ Either result could make easier to proceed to a formal conclusion.”117 Actually if a judicial action had not been a special court with some informal superior power, it would not be understandable why a theatrical conclusion should be necessary? The theatrical shows Nuremberg style are understandable in a totalitarian logic, while they are not in a laic one. Equally it would not be understandable what would have been the difference, if Di Pietro, as typical in Italy and not only there, profited personally from his police and judicial position. And it would not be understandable why the alternative should be the judicial crucifixion-show of an entrepreneur-politician too American for being liked from the USA and UK, and their organic intellectuals, and their ‘law’. The “formal conclusion” is typical of coups and dirty operations, not of a normal judicial action. Nelken knew what happened, without being allowed to tell it, if he wanted to continue to enjoy the possibility to be recognised Italian ‘specialist’ from the Anglophone clans of Italian amateurs and the relative academic position. The political solution was always refused in Italy from liberal and libertarian forces, and from the same purged components, while it was frequently suggested from beneficiaries’ Lefts. Apart from that reality never follows rational or legal paths, and that it is not duty of analysis to propose solution before having analysed reality in an unprejudiced way. Eventually the only legally fair solution to the political and criminal use of magistracy offices is the judicial one, with the application of the same law to everybody and with the charge and prosecution of magistrates having realised discriminatory politico-judicial actions. This is not certainly unrealistic in a context where the judicial coups clashed against relevant opposition, which collapse all attempts of further widespread of 114 (Caciagli 1996, p. 22). M. Caciagli and D. I. Kertzer in (Caciagli 1996, p. 37). 116 The referred law seems to be the US and British need to have in office, in their submitted countries, only their disciplined servants. There was no news, for the entire 1990s, that Berlusconi had ‘fought’ any other law. 117 D. Nelken in (Caciagli 1996, p. 201). 115 26 judicialist actions and of stabilisation of a judicialist order. In spite of the judicialistLefts attempts, a McCarthyism ban of all oppositions to a pre-defined system never consolidated. Only of limited form realised for a very limited period. The action was not sufficient strong and the system had not any perspective of diffused development and wealth, or other one, to offer as trade off for the desired passive submission of citizens to a certain country politico-societal model. On the other side the academic international censorship should be generalised. The 1995 golden flat affair, essential for defining who profited of the coups and who political magistracy had saved, should equally removed from analysis. The Byzantine practice that all entire regime nomenclature, starting from the PDS leaders D’Alema and Veltroni, had very direct and personal interests in bureaucratic corruption and abuses was further denounced for example from Il Giornale in August 1995118. What Il Giornale documented was that nearly all the entire regime nomenclature, exactly that the ‘heroic’ magistrates had saved, enjoyed very luxurious flats and houses, at very cheap rents, from public boards. The Il Giornale offices in Rome were rapidly object of a night robbery, which subtracted only the housing-lists relative to the affairs. The thieves were naturally never discovered. One cannot discover and pursue oneself. Ernesto Galli della Loggia, in the Corsera of 2 September 1995, commenting the privileges of the oligarchy, underlined the feeling of fastidiousness shown in that occasion from the unmasked leaders of the ‘new Italy’ of the saved old particracy and Trade Unioncracy119. Nobody120 let the privileged flats, and the rents were not brought to market value. At the end of the 1990s, for example, the CISL ex-leader, DC ex-politician Vito Scalia, ex-Minister and ex-manager, continued to live in a INAIL121 224 square meters flat, in the centre of Rome at 800,000 liras per month (the commercial rent would have been at least 5,500,000). The dismissal of the INAIL flats would have permitted the tenants to buy them with a discount of at least 30%. 122 Scalia was never object of political purge. The favourable (for the tenants) dismissal, pushed from the 1999 Labour new-Minister had the function to favour overall the regime nomenclature (PCI/PDS, DC/PPI, TUs), which enjoyed the better flats, and their clients123. The International silence, for the entire 1990s, on the Palermo side of the dirty gowns and dirty politics was more meaningful. If Di Pietro had already realised his assigned work, the Palermo PO action was running. Andreotti, yet appreciated Senator, and Dell’Utri-Berlusconi, not eliminated but solidly in politics, were under the massive cares of the micro-fraction of the Palermo deputy-Chief Prosecutor Lo 118 (Burnett 1998, p. 60). (Negri 1996, p. 222/223). In Italy about 100,000 Trade Union functionary and militants participate to State and public boards; (Galli 1994, p. 64/65). 120 Only Mastella, at that time of the CCD (a DC fraction passed with the Freedoms’ Pole) and later of the new Lefts-Right of D’Alema, and D’Alema, just before becoming PM, let the privileged flats; Affittopoli, [Rent-city], Stampa, IE, 1 September 1999. 121 A State Institute of insurance against industrial accidents. 122 Fabrizio Roncone, Scalia, appartamento mozzafiato in Piazza di Spagna, [Scalia, amazing flat in Piazza di Spagna], Corsera, IE, 29 August 1999. Actually while Inail was dismissing at discounted price, it was building at over prices (since investigated bribes for government parties) flats for 650 billion liras; (L’Inail si fa le case: paga il Giubileo, [Inail builds houses: Jubilee pays], Giorno, 14 September 1999, p. 1). The chain over-paid building, discounted dismissal, is a never-ending chain. 123 E’ bufera sugli immobili degli enti. Nel mirino alti burocrati e Parlamentari, [It is storm on boards’ real estate. Targeted high bureaucrats and MPs], Stampa, IE, 30 August 1999. 119 27 Forte, who should have more solid covers than his formal Chief Caselli. The Palermo deputy-Chief Prosecutor Lo Forte was apparently the right arm of Caselli, and publicly supported from him, also in this circumstance now examined. Lo Forte was accused from the Carabinieri-ROS, and from ROS militaries, who ridiculed him also in court, of having immediately passed to Palermo Clans, in February 1991, decisive ROS investigation, about Clans-Public Works. Naturally the Carabiniere who ridiculed Lo Forte in a tribunal, and accused him of having been a Clans-collaborator, was himself accused from tens of Clans-men and -bosses justice collaborators of having been a Clans-agent, but strangely he was not arrested in spite that he asked defiantly it. The Caltanisetta PO acquitted Lo Forte in the early 1999, but practically writing that it did it as a pure courtesy. The same PO acquitted, not as courtesy, a ROS Carabinieri Captain had accused Lo Forte with founded evidence. But the Caltanisetta GIP did not accept the friendly acquittal of Lo Forte and ordered the prosecution of the investigations against him, about a detailed and long series of very doubtful, for Lo Forte, points. Lo Forte was the accuser, in court, of Andreotti, charged of Sicilian Clans schizophrenic-collaboration124, because overall of old DC relations with losing Mafia fractions. Lo Forte was also one of the protagonist of the ‘discovery’, thanks to unprovable, and also improbable, statements of Mafia-bosses and -men become justice collaborators, of historical Clans connection and also of a end 1998-early 1999 ‘destabilising conspiracy’ of the MP Dell’Utri, alias Berlusconi, the real Prosecutors target. The purpose would have been the ‘destabilisation’ of justice collaborators, and of the Palermo PO, alias ‘democracy’. Lo Forte-Caselli had the same conditioned reflexes of States tautologically self-defining as democracy. Also in connection with the Andreotti trial, the same Lo Forte, and the Palermo PO, discovered vast and articulated conspiracy, for trying overcoming the presence of at least a single objective element of evidence against Andreotti125. Actually the conspiracies’ discoverer Lo Forte, apart from the specific episode, the supposed passage, with other magistrates, of very precious police material to Clans’ winning fraction, was accused de facto of having continued to obstruct the investigations on Clans-Public Works. The obstruction in fact verified for the entire 1990s, and if the Chief-Prosecutor came from the far Turin, Lo Forte was already in Palermo, was Sicilian and well knew the Sicilian reality. Nevertheless if the obstructed anti-Clanspublic works businesses investigation, this was eventually coherent with the supposed affair of the Clans collaboration exactly on the key question of the public works. Sicilian Clans, apart from US connections, were also, since the 1980s, in good relations with the PCI/PDS firms operating in the public works’ sector. Specifically the Clans fraction of Provenzano, a bosses’ boss wanted from May 1963, was pluralistic (pro DC and PCI), contrarily to a more sectarian Riina, arrested, since Carabinieri-ROS autonomous investigations, on 15 January 1993, eventually discharged from other Clans fraction. The magistrates Falcone and Borsellino were killed, in part, also for their interest in the field of the relation Clans-public works, apart from their obstruction relatively to the political trials the alliance between the judicialist block and Clans was pressed to start. And complicity inside the Palermo PO in relation to their killings were always publicly claimed from the CarabinieriROS. Caselli and Lo Forte never were object of bomb blasts or other Clans attacks, or planned attacks. They produced more than one thousand justice collaborators and claimed to led an heroic anti-Clans war, while both Falcone and Borsellino were two 124 Mafia as current leader but not as Statesman. Processo Andreotti: ora inchiesta su ''falsi e depistaggi'', [Andreotti process: now inquiry on ''fakes and deceptions''], ANSA, 8 April 1999, 18:16. 125 28 isolated men followed from the same contempt of the judicialist magistrates and clans. Either Caselli and Lo Forte were more astute or they enjoyed superior, not necessarily greater, protection. Italian newspapers reported these news, as investigators’, POs’ and other judicial evidence, or supposed such. Even Internet sites reported later specific (on ClansPublic Works, included PCI/PDS firms and political connections) judicial evidence, obstructed but equally produced from some non-militant Palermo Prosecutors. For the direction of the PO was always useful, in the permanent game of the political pressures and blackmails, to have some limited inquiry opened also on the political friends. The censorship of main foreign powers’ media and academic networks about all this information from Palermo was equally total, even more total than that on Di Pietro and Co., and on the corruption and private interests of the saved regime nomenclature. What was meaningful. Nobody producing ‘researches’ about Italy ever asked evidence that Senator Andreotti and MP Berlusconi were the heads of obscure networks being these assertions reputed as self-demonstrating. They were simply stated from the different choruses, reporting the unfounded production of propaganda from certain POs. But on the contrary the cover-up about the militant magistracy cover given to Clans, PCI/PDS-Clans connections126, the details of too many specific episodes, was total. Conjectural ‘evidence’ used for political trials was preferred, as ‘heuristic’ material, to more founded elements, about what happened in the 1990s. The argument that Lo Forte, as other militant Prosecutors, were never sentenced, until the end of the 1990s’ could not be claimed as justification for the cover-up. Also Churchill and Hitler were never sentenced (the latter was sentenced but in relation to an attempted coup d’État in the early 1920, a typical political crime), but this does not avoid their political/historical evaluation, also about supposed criminal episodes and events. For the Italian law and Constitution, also Andreotti and Berlusconi had their personal record immaculate until the end 1990s, and very likely until their death. No one of them was ever accused to have passed dossiers of investigations on Clans to the same Clans, or of collaborations for the killings of dangerous magistrates, or of having pretended relevant sums of money from anybody. Nevertheless, this was the analytic level of the Anglophone production from academic clans of Italy’s amateurs, traditionally judicialist supporters and gaol party127, on Andreotti. “However, whatever the outcome of the trial, there still remains his a political and moral responsibility for the misdeeds of the post-war decade. The corrupt clientelist system at the basis of the Italian politics (…) had him at his core as one of it principal artifices.”128 Anyway Andreotti, who has a macabre sense of humour, had been nonrefused supporter, as Senator, of all the coups and Lefts’ governments of the 1990s. He was also praised from the entire political world, also from the parties obliged to support the judges’ party, in occasion of its 80 years, on 14 January 1999. Andreotti suffered only, in that occasion, a little of coldness from the liberal Centre and CentreRight. Was the pro-Andreotti fervour common solidarity among Clans-bosses Which had nothing of scandalous for a party owning a vast enterprises’ galaxy, and wanting to work also in the sectors of the public works and also in the South. 127 A non-judicialist Milan Substitute General Prosecutor, Francesco Maisto, evidenced how the Dipietrism was the diffused, in certain milieus, desire of inquiries without evidence and the casual dispensation of prison-sentences. All this was claimed as resolving of criminality and corruption, while it actually resolved nothing. Actually such enquiries terminated generally by acquittals. («Una sciagura il dipietrismo», [«Dipietrism, a calamity»], Stampa, IE, 26 August 1999). The Allum point of view is a very good example of focused Dipietrism. 128 Allum, in (D'Alimonte 1997, p. 230). 126 29 (according to Palermo magistrates’ theorems) and among corruption cores (according to the Allum theorems)? The lag between the Anglophone academic, and connected interests, deception, and the perception and behaviours of Italian political and social actors was radical. The traditional political opponents of Andreotti, the radical leader Marco Pannella, stigmatised the 8 April 1999 Palermo Prosecutors’ (represented from Lo Forte and Scarpinato) request to condemn Andreotti to 15 years prison. For Pannella, the Palermo Prosecution Office, or part of it, which, for him, accused Andreotti of nothing and of everything, and the judges’ party, which, for him, used Kickback-city for regime goals, were a criminal association for subverting the democratic and Constitutional order.129 There was no news Pannella, who was not covert from any Parliamentary immunity at that time, was charged or arrested since his assertions. Different politicians’ comments, from the ex-communist Sicilian leaders Macaluso130 to the LN leader, the Lombard Maroni131, were that if magistrates had ever proved anything of what they had claimed for years, they should have asked the lifedetention. In fact for what they claimed in the 23 (twenty three!) days’ final speech they needed for justifying the sentence request, the 15 years prison they asked were really a miserable request. For the Prosecutor Scarpinato, Andreotti realised the Clans sovereignty over the Italian State, which became an illegal State, lead from a politicalClans power where democracy was killed132. Scarpinato was the Prosecutor who, since the direct testimony against him of the Carabinieri-ROS133, archived key investigation on Clans. He did that only because the other accuser of Andreotti, Prosecutor Lo Forte, insistently asked him for it. The discoverer of the Andreotti conspiracy against ‘democracy’ did not charge Lo Forte with Clans complicity for the favour he was asking him134. This was the morality of who persecuted the NATOsceptic Andreotti, as connected with a criminal association, Sicilian Clans, actually very USA-rooted. Even comic actors showed more analytic acumen than the ‘analyses’ in academic literature. About the key, for Prosecutors, but unproved, kiss of Andreotti to Riina, only actual ‘proof’ of the entire trial, they commented that it was not sure the two ever had met, but certainly they had kissed. Which is the precise definition of the philosophy of political trials. Actually the same Riina was a Clansboss sold from more power- and USA-connected Clans fractions not really investigated in the 1990s. If the Caselli Office could never prove the historical and key kiss, Andreotti could prove the Caselli personal compromising. It was a self and public proof production, again censored from foreign information and academic literature. Andreotti, using his usual macabre sense of humour, the first day of his trial, in Palermo, approached Caselli and held out his hand. Caselli shake the hand of the diabolic Beelzebub135. Which is certainly sure evidence of something, if on one 129 Processo Andreotti: Pannella, subito referendum sui magistrati, [Andreotti process: Pannella, immediate referendum on magistrates], ANSA, 8 April 1999 13:56. 130 As PCI leader he was strongly opposed from the KGB; M. Antonietta Calabrò, Nomi e fatti, tutte le «verità» di Mitrokhin, [Names and facts, all the Mitrokhin’s «truths»], Corsera, IE, 12 October 1999. 131 See different ANSA dispatches on 8 April 1999. Felice Cavallaro, «Condannate Andreotti a 15 anni», [«Condemn Andreotti to 15 years»], Corsera, IE, 9 April 1999. 133 He revealed to the ROS Captain De Donno his crime. 134 See the early February 1999 Corsera, but also, meaningfully censored and/or confused in the relating of the news, other Italian newspapers (specifically the De Benedetti’s and Agnellis’ ones), referenced below, in a more specific part. 135 It was a used synonym for Andreotti. 30 non-proved kiss was founded the mega-prosecution against Andreotti. Actually there was also a Perugia branch of the mega-prosecution-persecution of Andreotti. There, at end April 1999, in perfect synchrony with the Palermo trial, an equally a little before the 1999 Presidential elections, the life-prison for Andreotti was requested for homicide. The whole persecution against Andreotti, a key moment of the 1990s coups, will be object of specific and more precise analysis below. Anyway the Pope, on 2 May 1999, a few days later the second request of sentence against Andreotti, that for homicide, suddenly called, met and blessed Andreotti in front of 300,000 people and TV-world-broadcast136. It was not interpreted, for the Italian media, as the blessing of a sinner. It is also for avoiding this kind of inconvenient that it is in the nature of stronger and more totalitarian State formations that there political purges be more radical and resolving, and there only State Churches (UK-style) and fragmented and State non-interfering cults (US-style) are tolerated. Anyway this is different discourse only indirectly pertinent (and more problematic than it might appear), with the case of a country in conditions of limited sovereignty, consequently inevitably with weak State and non-totalitarian politico-social control devices. Even from the point of view of the people perception, different signals showed unequivocally as, at the end of the 1990s, the ‘heroic’ and ‘reputed’ political magistrates, objects of world supports, were totally disreputed in Italy137. Literary images are always more suggestive than careful factual and theoretical analysis. More they are logically disconnected, but sounding, more they are subliminally convincing. It is easy to write: “Malgré ces contributions publiques généreuses, malgré les contributions privées officielles, une corruption systématiques aux fins de lever des ressources supplémentaires s’est développé en Italie. Dans un climat délétère de décadence politique et constitutionnelle, la magistrature italienne a engagé le feu contre la corruption, mettant en lumière des pratiques délictueuses d’une ampleur insoupçonné.”138 [“Despite these public generous contributions, despite the private officials contributions, a systematic corruption developed in Italy. In a deleterious climate of political and Constitutional decadence, Italian magistracy opened fire against corruption, enlightening unsupposedly diffused criminal practices.”]. In deception the rhetoric argument of the kind ‘we didn’t know’, ‘we didn’t suspect’, ‘it is unbelievable’, are always touching, overall if pronounced with the right tune of voice, or if written inside the adequate frame. Deception must always be inside a wider deceptive climate and/or arguing. What is the rule to define a State contribution is ‘generous’? Mény (the quoted author) referred, as example, to 83 billion liras received from the Italian parties in 1984. He does not specify, but these 83 billion liras were, in that year, 34% of the political parties expenditure139. Generous or not, they were largely insufficient. The word “generous” he used was functional to emphasise the ‘crime’. However the Mény detective story was possible only because he avoided rational questioning and factual analysis. The fact that firms were/are obliged, in Italy (but also in France, as emerged from sporadic enquiries), from political parties, to pay the entire political system as a whole, more than the single party, was not corruption. The single may eventually profit (a lot of funds 136 Gian Antonio Stella, Quel piccolissimo gesto, [That very small gesture], Corsera, IE, 3 May 1999; Alessandra Arachi, E il Papa benedice Andreotti, [And the Pope blesses Andreotti], Corsera, IE, 3 May 1999. 137 Indro Montanelli, Resurrezione di belzebù, [Beelzebub resurrection], Corsera, IE, 25 August 1999. 138 (Mény 1993, p. 179). 139 (Teodori 1999, p. 270). 31 disappeared during the journey from firms to politics!), but the politician, and overall politics (and TUs), was not corrupted. The question was radically different, as the rhetorical arguing on “decadence” was radically different. Mined and destroyed a building it is perhaps easy, for the same author of the achievement, to sit down on the ruins and to exclaim: “Oh, what a destruction!”. And why if there was so diffused corruption of politics, and legitimately not only of politics in this kind of frame, “magistracy” (generally absolutely blind on what everybody knew, apart from politically rooted initiatives) did not profit of that? And why some Prosecutors suddenly activated? Did they suddenly find who paid more (in one form and/or in another one)? The continuation of his work will present elements (or further elements, in certain cases) on these questions, while the students of the university manual of the Paris Professor Mény will be introduced to the comparative politics mysteries by his apparently sounding tales: political and institutional fights as pure heroes versus dirty criminals140. 140 The manual is however valuable when it limits to present political and institutional information. 32 The world police-judicial space as Anglophone new domination tool The 1989 Anglophone transition to the attempted direct [police-judicial] world domination141 During the 1990s, goal and practical action of the international powers was the dissolution of all point of national resistance to the Anglophone direct domination, what was indispensable since the 1989 collapse (and this was the real failure of the post-WW2 US-British empire) of the cold war game. The Italian representatives of the Anglophone and Jew finance and powers pressed, in Italy, at first against all opposition to their Lefts puppets, later even on the same Lefts towards their further dissolution in direction of ‘technicians’ (overall financial-economic groups consultants and flankers) governments, ‘supranational’ entities domination, of mediabuilt personalities direct expression of financial and economic powers. In parallel, pressure developed on Vatican because it abandoned the too autonomous WojtyÅ‚acourse. For instance, emblematically, in the 10 January 2000 Repubblica, by a double shot of two [powers’] representative commentators, the PDS/DS dissolution was actually requested for creating a broader and fuzzy movement more easily controllable142, while the newspaper associated to the German Bishops request that WojtyÅ‚a resigned143. Even a practically prostituted ex-PCI was reputed as an obstacle, after that the powers had submitted it had blocked it ideological modernisation, while the resistance centre the WojtyÅ‚a Vatican represented, relatively to an Anglophone-dominated world space, was perceived as intolerable and opposite to the mythologies and practices of the world aspiring owners. This action of world direct take-over, already well visible in the 1980s, in parallel with the socialist camp decline, developed relatively to Italy, as, without substantial difference, relatively, to the other Western and Eastern Europe countries, as to the entire world. For achieving this wished direct domination there was the essential use of international organisations for achieving the goal of legal and police world, and world-areas spaces, outside national control, but subordinated to USA’s Police Corps as the FBI and the DEA. From the Italian side, the most hardliner judicialist components were in first line, relatively to the participation to this kind of international institutions, the relative conferences and conventions, and the pressure on national institutions for the subscription, and also the substantial submission, to the relative international agreements. For example Professor Pino Arlacchi (PCI/PDS judicialist fraction politician, Interior Ministry consultant, UN high functionary), the Paolo Foschini, Un piano dell’Onu contro la corruzione, [A UN plan against corruption], Corsera, IE, 20 November 1999; Paolo Biondani, «Serve una Mani pulite mondiale», [«A world Clean Hands is necessary»], Corsera, IE, 20 November 1999; Giuseppe D’Avanzo, Inspiegabili distrazioni, [Inexplicable distractions], Corsera, IE, 21 November 1999; Carlo Bonini, Ma l’Italia non ha firmato le due convenzioni anti-crimine, [But Italy has not signed the two anti-crimes conventions], Corsera, IE, 21 November 1999. 142 Gad Lerner, Andare oltre i DS, [To go beyond the DS], Repubblica, IE, 10 January 2000. 143 Furio Colombo, La vecchiaia e la missione, [Old age and mission], Repubblica, IE, 10 January 2000. 141 33 Milan Prosecutors D’Ambrosio (near the PCI/PDS centrist fractions), Gherardo Colombo (a para-PCI/PDS Lombard Catholic Left), and Greco (of Leftist alignment), the Palermo Mayor Leoluca Orlando (a hardliner judicialist, connected with the FBI top levels, of the Catholic Left), judicialist press and journalists, participated to the lobbing pressure for conditioning Italian institutions, for promoting the submission to this kind of international bodies, and for denunciating the subscription of international agreements retards’. Because the 1989 dissolution of the Western block was not a sudden and casual event, all these trials of transition from the military forms of domination to the policejudicial ones were well running and visible already during the 1980s. For Professor Ilari, the weakening, and later the formal collapse, of the cold war game, saw the passage from the CIA ‘anti-Communist’ International to the super-Prosecutors FBI International, created with the pretext of the internationalisation of the different forms of organised criminality.144 The operation of powers devolution to ‘supranational’ bodies was built around the ‘philosophical’ frame that ‘corruptive’ practices were costs for States and other public authorities, and alteration of a supposed perfect concurrency among enterprises. Actually things are not so easy, and reality is considerably more complex and fuzzy than academic and governments sounding stereotypes. The techniques of alteration of the abstraction of perfect concurrency are a wide plurality, and nobody ever demonstrated that ‘corruption’ were the main. The same concept of ‘corruption’ was practically indefinable, since the plurality of situations it could include, starting from the enterprises financing to a US President, or other politician, electoral campaigns. Its purely legal definition clashes against both legal indeterminacy and the variety national-local legislation and actual practices. The abstraction perfect concurrency represented is in practice not possible, so its supposed economic best not so precisely definable as claimed. Perfect concurrency can realise only when each single person is an enterprise, and in all instant of the economic trial there is the concrete possibility (included the omniscience and the choice/calculation costs) to operate the best choice, changing the organisation and selection of the employed factors. Which are assumptions of full rationality, of impossible realisation. There are also technological obstacles to that perfection of conditions. The assumptions of full rationality, of perfect disposability of factors, and of presence of a best are ideological complement that there is a world best represented from the Anglophone area and its decisions, which are in fact always presented as the only possible perfection. The wide dishomogeneity of State administrations functionality made all discourse on ‘corruption’ (assumed as all purpose moralist category) too evidently focused on the submission of judiciary and police apparatuses to the Anglophone area interests, forgetting that inefficient State are by themselves ‘corruption’ (the waste of taxpayers money), also when the Anglophone area find useful their existence and so certifies the honesty of such orders. In addition, the economic difference between bribes to foreign governments for getting contracts and the financing of US or British Statesmen and politicians for defending the ‘national interest’ are not qualitatively different. The 144 Virgilio Ilari, Meglio Nato che niente, [Better NATO than nothing], Limes, n. 4, 1999. 34 same concept of national interest, so insistently proposed form the Anglophone area, is against free and perfect concurrency. Finally, there was no interest, from all this movement against ‘corruption’, and in favour of ‘perfect’ ‘concurrency’, on the most widespread form of corruption: the systematic use of magistracy and police apparatuses, and also of military force, as of other administrative tools, for altering concurrency. By them, force relations, not the claimed principles, dominated. Relatively to the intense activity for a world space with supposedly perfect transparency, there were problems also of legal and Constitutional order. Two European organisations, OSCE and the Council of Europe, in their December 1997 Convention and November 1998 Treaty, introduced, in the moment they had been ratified, odd legal principles in the State frames. They unified the crimes of corruption and concussion, suppressing that of concussion, and making the crime of corruption pursuable also when verified from a State to another one. This would have permitted, simply stating a corruption case, to develop stronger international defamation campaigns (which in last analysis depend only on media control and force relations) against enemy Statesmen directly for corruption, without, for example, to be obliged to inquiry a company just for recycling, as it instead happened during the so-called Russiagate built from Switzerland, in 1999, against the Russia’s top levels but also with damages for the accomplice US ones. In practice, if an Anglophone company had provided funds to a foreign leader and the foreign leader had recycled the funds using companies in the London City or Wall Street, it would have been sufficient to omit to unmask the ‘corruption’ while accusing the ‘corrupted’ of being corrupted because he/she had recycled the funds of unknown provenience but avoiding to strike the companies had recycled the funds. What permitted to get evidence, striking only who/which was useful to strike. While when the ‘corruption’ had come from enemy companies who had the best Intelligence and interception apparatuses could accuse also them, so obstructing their businesses. It was in substance a good way of control and use of evidence from who had an overwhelming hegemony in this sector, with international legal rules favouring this selective utilisation of evidence. An also more delicate norm, openly violating the principle of the personal responsibility, was that included in the Council of Europe Treaty. For it, in case of corruption, the penal responsible was who was at the top levels of a corporation, if the whole corporation had been advantaged from the corruption. That kind of norm, already abusively used from the Milan PO, the he/she-couldn’t-not-to-know norm, would have permitted to strike, in the most legal of the ways, companies and entrepreneurs magistracy clans wanted to destroy, and to save and/or favour other ones. In fact evidence against the enterprise top levels, and also the choice to prosecute or does not, was, according to this principle, entirely conjectural, as the Italy’s experience had shown. In a limit case, it would have been possible to corrupt the functionary of a company because he/she corrupted foreign [relatively to the corrupter] functionaries, and to use the proved corruption of the foreign functionaries for striking the top levels of a company. At the end of the 1990s Italy, as other important European countries, had not yet ratified such international agreements. But also if later signed, administrative obstructions could always eventually, according to the precise juridical frame of a country, to produce applications, or don’t, extremely differentiated, so violating elementary principle of legal homogeneity and certainty Only a stricken and weakened politics could accept, or suffer, the international legal-police-military space the Anglophone area tried to impose to the entire world for 35 directly dominating the different local realities. In fact only the purpose progressed only in a very limited way, and with a lot of practical obstacle, included the natural resilience also stricken and weakened system can assure. Intellectual promotion, by a long series of sounding sophisms, was complement of the practical intense activity. The practice of international bodies always showed how they had no a-national neutrality. Consequently no ‘global’ politics and politics could be really global without the perfect, also ethnic, homogeneity of the governed reality. What does not seem realistic. States, ruling classes, media, more they claim as objective and opposing all badness, more they are protagonist of xenophobic campaign against all difference. The same concept of anti- is of substantial identical value to what one declares opposition. The anti-badness obeys to the same conditioned reflexes and logic of what one declares opposition. In all logic friend-enemy, its contents are the same logic friend-enemy, alias a way of relating with reality, never the claimed contents, whose goodness or badness is never scientifically demonstrable but only apodictically declarable. When ‘politics’ is assaulted and annihilated in name of superior principle, the reality is the destruction of specific political-policies centres, with simply the shifting of policies real decision to other centres. If elective politics is annihilated, this is not the politics destruction but simply the transferring of policies decisions to other political centres. On the other side, also when politics is apparently strong, policies decisions are not necessarily, and not mainly, in the forma-democratic bodies. It is not anxiety of this work to assume same natural of functional superiority of elective political bodies on other political entities. It would be abstractly indemonstrable. It is possible to discuss the result of policies. Although to individuate who/which really decided them, and a supposed superiority of formally democratic policies on different ones, it would be impossible. Also the supposition of a strong Anglophone formal politics opposed to a Continental European variously assaulted and weakened one would be an arbitrary assumption. Financial-economic powers and military-industrial complexes seems to have taken-over since a long time formal and substantial policies of the Anglophone countries. Also when PM, and directly elected Presidents together with Congresses, seems to have dictatorial powers, decisions are rarely arbitrary and the devices for submitting formal politics are currently used. Consequently, it is more realistic to assume the also political world extension anxiety of regimes, and their developmental centres, which are already intrinsically very strong and competitive, instead of hypothetical plots of world domination planned from occasional political leaderships. The systemic nature of the Anglophone superiority pressure makes it intensive, instead of too planned moves, which are more natural historical trends. Specifically, it seems deceiving the tendency there might be to interpret the 1990s events in Italy, and in some way also in other continental European countries, as a kind of grandiose experiment of a sophisticate and extremely complex weakening strategy. It would be the thesis of the 1990s Italy as laboratory. The image would be sounding and suggestive, but unrealistic. The used techniques were not so new and original. No centralised planning seems ever realistically hypothesisable when events result as too complex. Too many variables systems are not really governable: what is 36 valid also for supposed plots. Complex dynamics are necessarily casual, at least in their concrete manifestation. If a series of non-coordinated external pressures gives results of wide weakening of a system, it is because the system was already weak, and already inside the system there were relevant forces both indifferent to the weakening external pressures and desiring to profit privately from it. Also the game of the identification of the main cause (the fraud of the privatisation, the ‘sacrifices’ for Europe, the plot against the middle classes, geopoliticalgeoeconomic factors, the foreign take-over of the ‘strategic’ sectors, etc.) of complex pressures a system is object, is not less deceitful. As a complex weakening, in part contingently realised, is product of the confluence and combination of different pressures, it expresses by a complex, and in part also causal, phenomenology. Actions/intentions produces not only results but also counteractions, and no achievement is irreversible. And overall when there are multiple pressures from a geopolitical area towards the entire world, the same events and results they determine in a specific country may induce to believe ex-post that a certain country had been specifically targeted. It may not be supposed that the Anglophone geopolitical pressure had specifically decided to target the 1990s Italy more that other countries. In Washington and New York there are desks for all the countries of the world. If the PM Andreotti, the Justice Minister Martelli and the President of the Republic Cossiga, in front of the clear situation of illegality and institutional subversion had created in Milan and from Milan the weeks after 17 February 1992, with illegal diffusion of secrete judicial materials inside a wide range clear attempt against institutions in evident complicity with the publishing group Repubblica-l’Espresso, had simply acted in coherence with their institutional responsibilities, the starters of the subversion would have been nearly immediately arrested and dismissed. On the contrary each one tried to profit personally from the events and to let the Italian electors, their parties, the institutions they contributed in some way to express, were expropriated. This was the reply, and the non-reply, to the pressures came from different sources and interests. 37 Echelon: complement of the Anglophone world hegemony145 Comint [Communication Intelligence], the covert interception of foreign communications for economic, scientific and diplomatic and political Intelligence was always practiced from the main world powers For instance, the foreign communication to and from the USA and UK, and passing through them, had been intercepted from more than 80 years by the connection to the relative PTT companies. This kind of interception from the Comint organisations was conventionally called ILC [Internationally Leased Carrier]. This system, to which it was later given the conventional name of Echelon, was widely discussed after the 1997146 STOA [of the European Parliament] report. Its roots were in the restructuring of the Anglophone planetary control/espionage tools after WW2. The Sigint [Signals Intelligence] alliance among the USA (the ‘first party’) and the UK, Canada, Australia, and New Zeeland (the ‘second parties’), in practice the Echelon formal birth, took place in 1947, by a secret agreement for the collaboration in the conduction of Comint global activities. The formal excuse was the detection and exchanging of anti-Soviet and anti-nuclear information. In practice all communication and all information were detected and variously exchanged and used, also according to the force relations inside the pool of the Anglophone countries. For instance, the US Sigint System (USSS) included the NSA, the military support units called CSS, part of the CIA and other organisations. For what concerns the formal-legal aspects, the Echelon system violated the US official norms on freedom and privacy, deploying all kind of illegal surveillance also against US politicians and Statesmen. Corruption and frauds were not unusual inside the Echelon structures. In certain cases there were also damages against who worked inside the Echelon structures. For example, the Echelon Research Centre of 145 (Campbell 1999/2000); (Wright, 6 January 1998); Ex capo Cia spiega che gli Usa spiano l’Europa per alte ragioni morali, [CIA ex-head explains that the USA spy Europe for moral high reasons], Foglio, 23 March 2000, p. 1; f.p., Echelon, inchiesta europea. sospetti su Microsoft e Ibm, [Echelon, European inquiry. Suspects on Microsoft and IBM], Repubblica, IE, 24 February 2000; Ivo Caizzi, Alla Ue il caso del «grande orecchio» che dagli Usa controlla le comunicazioni in Europa, [By the EU the case of the «grand ear», which from the USA controls communications in Europe], Corsera, IE, 24 February 2000; Satelliti e computer, così ci controllano, [Satellites and computers, so they control us], Messaggero, IE, 19 March 2000; Anna Guaita, «Echelon spiava gli europei corrotti», [«Echelon spied the corrupted Europeans»], Messaggero, IE, 19 March 2000; Mario Coffaro, «Minacciata la libertà della Ue». Inchieste a Roma e a Bruxelles, [«Threaten the EU freedom». Inquiries in Rome and Brussels], Messaggero, IE, 30 March 2000; Umberto Rapetto, Tutto cominciò in Nuova Zelanda nel ’47, [Everything started in New Zeeland in 1947], Messaggero, IE, 30 March 2000; Massimo Martinelli, Ecco la rete di Echelon: tutta l’Italia è spiata, [Here is the Echelon web: the entire Italy is spied], Messaggero, IE, 30 March 2000; Guido Gentili, La spia che scuote l’Europa, [The spy shaking Europe], Corsera, IE, 31 March 2000; Bruxelles. Imbarazzi per le spie, [Brussels. Embarrassments since the spies], Foglio, 31 March 2000; Francesco Manacorda, Tutte le imprese delle 007 globale, [All the enterprises of the global secret agent], Stampa, IE, 31 March 2000; R. James Woolsey, Pourquoi l’Amérique espionne ses allies, Le Monde Diplomatique, IE, April 2000; Come mai, d’un tratto, sulla rete Echelon si fanno tutti prudenti, [Why, suddenly, on the Echelon web, did everydy become prudent], Foglio, 1 April 2000; La Giornata, [The Day], Foglio, 4 April 2000; «Achille Lauro, Echelon spiava Craxi», [«Achille Lauro, Echelon spied Craxi»], Messaggero, IE, 4 April 2000; Quella «manina straniera», [That «foreign small hand»], Panorama, 11 May 2000; Enrico Molinari, Echelon, l’Europa indaga, [Echelon, Europe investigates], Stampa, 6 July 2000. 146 The formal date is 6 January 1998. 38 Sunnyvale, California, was built in a high radioactivity area, so that who worked there was usually affected from cancer. It was as it was planned to liquidate rapidly who worked there. The first geo-stationary Intelsat satellite, for commercial communications, was orbited in 1967. The first US Comint satellite was launched in August 1968. At the end of the 1990s, more than 120 Echelon antennas (satellite based collection systems) were used, in this simultaneous information collection from some tens satellites covering the entire globe. It was evaluated that at the end of the 1980s, about 40 of these antennas were focused on Western commercial communication satellites (ILC), 30 on controlling space based signals intelligence satellites, and 50 on Soviet communication satellites. With the end of the USSR, it was supposed the focusing of part of the 50 antennas to different destination. Despite details on the 1990s US Sigint activities were not revealed, it was estimated that they expanded. The main ground stations processing this information were in USA, Australia, England and Germany, while interception stations were obviously everywhere in the world. Also Italy was disseminated of US Echelon centres for the electronic surveillance and the sending of the communication to the NSA and other centres in the USA. Sometimes they were officially for the protected communications of the US Embassy in Rome, other times as NATO structures, other times in co-operation with Italian military and military espionage structures. The Echelon system was supposed to intercept 95% of the world communications (Internet communications included), which were finally analysed from the NSA computers. Already in 1979 Echelon could electronically tail a subject and to enter in all his/her phone call everywhere in the world. Already in 1984 it could photograph a stamp on the pavement of a street. Cable communication not passing through the Anglophone countries, or other subjected territories, were intercepted by US submarines, which posed interception devices in proximity of the international cables and assured the exportation the collected and registered information. The enormous mass of collected information presupposed automatic techniques of analysis of the intercepted data, and the later checking of this semi-final output. The creation, from NSA and CIA, of the SCS, permitted not only to intercept whatever electronic message but also to overcome all cryptographic protection. The 1947 agreement among the Anglophone countries was officially known, from an Anglophone source, only on 16 March 1999, when the Director of the Australian Sigint organisation, the DSD, confirmed that it co-operated with other Sigint organisations under the USA-UK relationship. The 24 February 2000 assertion of the NSA to the US Congress that the Echelon system did not do any planetary total electronic surveillance was rapidly showed as one of the usual deceptions. All personality, from Princes Diana to Jane Fonda, to everybody else was even slightly perceived as a threat from the Anglophone militarism, or a political dissenter, resulted to have been carefully spied using this kind of tools. When, in the late 1990s, the EU Commission and Presidency referred to the European Parliament, they behaved as they knew nothing on the systematic Anglophone spying of the European countries’ citizens, companies, and institutions. There was even the amnesia on the word, became current in media, Echelon. The 39 European Commissar to Information Society Erkki Liikanen prudently told that there was not evidence that the disposable technologies were not used. The usually faithful Prodi reassured that a letter of the US State Department declared that the USA were not involved in industrial spying and that it did not accept duties from private firms. In reality, it was as to say that the also industrial espionage was not practised occasionally but systematically and as a State current duty, as later publicly confirmed from the CIA ex-director Woolsey. The UK replied that the British intelligence worked inside the norms defined from the British Parliament, which defined the use of the interceptions: national security, preservation of the economic welfare and prevention and identification of serious crimes. Alias, also the UK intercepted everything possible and without any legal constraint, as perfectly normal for a country having and wanting to continue to have a world role. Only President Prodi, faithful to the subordination to his Godfathers had pushed him in office in Italy (and later also in Brussels, even if rapidly unsatisfied of their pupil), acted as he did not know all that, and claimed scepticism on the Anglophone electronic espionage had been already related in detail to the EU Parliament from the Scottish journalist Duncan Campbell formally in April 1999 and again in February 2000. A previous report to the EU Parliament had raised the question already in January 1998. In 1998 there had already been an EP debate on Echelon. And it was already clear that Echelon was used against individual liberties and rights, as against fair competition and States security. Attitude similar to that of Prodi there was from the side of his Dutch Commissar to Internal Market Frits Bolkestein. Campbell had previously diffused detailed and evidenced analyses and reports on the subject. Its oral exposition of February 2000 to the European Parliament followed his Report to the Director General for Research of the European Parliament (Scientific and Technical Options Assessment programme office) on the development of surveillance technology and risk of abuse of economic information, firstly dated April 1999. In the meantime the Prodi EU Commission assumed an absenteeist attitude on the matter, the EMP Di Pietro self-candidate as President of an Echelon Inquiry Commission the European Parliament had no real intention to create it. Did he want to use also there his techniques of selective investigation and his personal-profit-oriented attitudes? Prodi already when he was Italy’s PM, had declared, in 1998, when the Echelon affair officially exploded, that he knew nothing and that he did not believe in the existence of such a world surveillance web. He was evidently not even informed of what the EU Parliament and institutions were discussing or, for him, inventing. Prodi neither knew that during the entire period of the 1990s’ subversion, the British Crown intensively used, in Italy, overall the Canadian Intelligence, with the advantage that if even some Italian authority had posed problems, Canada was under the British Crown but it was not a country of the EU, either the USA, but only an apparently marginal State. In Prodi, as common among the personnel coming from the DC, there was the custom to close his eyes on all episodes of covert war coming from the ‘allies’, and not only from them. In relation to the EU there was in some way the same operational methodology: there was a case of permanent espionage against the EU and its countries, but also the participation to the espionage, in leading position (also if it could try to hide behind the USA) of one country of the same EU, the UK, whose opposition to the EU was well known. Anyway a report to the European Parliament referring also on Echelon, for the first time, was dated 6 January 1998. In it, Echelon was unequivocally described as primarily non-military. Although already on 8 August 40 1975, the NSA Director Lieutenant General Lew Allen had declared to the Pike Committee of the US House of Representatives that the NSA systematically intercepted voice and cable international communications. Since its nature, Echelon served different needs, for what concerned its specific Intelligence work. The collected materials were destined, according to their nature, to different Agencies. Political espionage was one of the Echelon functions. For instance, also the Italian government and diplomacy was object of interception. For example, in the 1980s the NSA spied the French diplomatic communications from Chicksands, England, while the British GCHQ spied the Italian diplomatic communications from its Cheltenham headquarters. Already at the time of the Achille Lauro-Sigonella affair (1985), Echelon spied ‘friend’ governments and top-level Statesmen (PMs and Ministers), from the Egyptian to the Italian ones, using its same bases on the Italian territory. As different episodes of world trade and investments espionage at US benefits showed, the economic espionage was an Echelon primary function. On 5 May 1977, a meeting among NSA, CIA and the Department of Commerce had authorised the creation of a secret new unit, the Office of Intelligence Liaison. After that, in 1993, the BBC referred of it, it became Office of Executive Support. Its function was the dealing with Comint and Sigint, received from the NSA, for supporting the US commercial and economic interests. In 1993, President Clinton extended this US Intelligence activity by the creation of the NEC, which paralleled the NSC. Its function was to help US companies to win contracts abroad. The British GCHQ was institutionally qualified to the foreign communication interception in the interest also of the economic well-being of the UK. Its K-division was charged of commercial interception and its processing. Commercial and economic targets of this Intelligence work might be specified from the Overseas Economic Intelligence Committee, the Economic Staff of the Joint Intelligence Committee, and the Treasury of the Bank of England. Similar activities were deployed from Australia, Canada, and New Zealand. Reciprocal spying, also for business competition, there was among the different countries composing Echelon, as normal in all case of co-operation among countries each one very nationalistic. According to French sources, the Echelon system was used for subtracting to the continental European countries a great number of contracts in the aerospace, electronic, and telecommunication sectors were under negotiation everywhere in the world. For the CIA ex-Director (1993-1995147) R. James Woolsey, since its March 2000 declarations, Echelon would have spied European attempts to use bribes in geopolitically relevant international businesses, and used the discoveries against the European trade. The Woolsey assumption was that the Anglophone enterprises operated honestly and fairly while the European ones needed to be checked because corrupted, or, better, that ‘corruption’ was always a good excuse for contrasting all rival of the Anglophone area. The Woolsey original thesis was that the USA compete just thanks to the market superiority of their enterprises, while Europe (and evidently the entire world for him, because Echelon was not specifically Europe focalised) 147 Practically until the end of 1994. He sent his resignation letter to Clinton on 26 December 1994. He served still the few weeks necessary for the transition. 41 thanks to bribes, and with the European governments accomplices of these practises. For Woolsey there was a parallel between the European technological backwardness and its need to pay bribes. For Woolsey it was since the need to unmask the European bribes, and to provoke occasional scandals (synonym of pro USA destabilisation?), that the USA and the Anglophone world (actually following an old British tradition and excellence in also trade-focused espionage) spent billions dollars per year in also trade- and technology-focused worldwide espionage. For Woolsey it would have been sufficient that the European enterprises became competitive, because the US need to spy them would have ceased. It remained the methodological problem, unexplained from Woolsey, how to check the need not to spy without continuing spying. Intellectually a bit more honestly Zbigniew Brzezinski rhetorically underlined, relatively to the Echelon affair, whether the USA should have refused to use for their interest the information they had collected. For Woolsey the expenditure in also tradefocused espionage was moral, while the supposed European-style products promotion (what the border between bribes and other promotional techniques, advertising included?) immoral. For Woolsey the Anglophone world was the world of the perfect market, with pure firms, pure enterprises, a pure State, and no militarist tradepromotion, no intertwining between businesses and government. Emanuele Macaluso signalled as also the Woolsey considerations evidenced that there might have been a US push behind the 1990s destabilisation and political cleansing apparently realised by magistracy clans. Already Craxi, under judicialist fire, had suggested that there was a foreign hand behind the discovery of ‘corruption’. By the material collected from the Echelon system, the USA-UK, and also other countries with equivalent intelligence projects or in co-ordination with Echelon, had the possibility intervene in a plurality of ways for promoting and/or supporting a destabilisation formally led from indigenous judicialist clans, both in the 1990s and already in the 1970s and 1980s operation different only in the relatively more reduced scale. In Italy two inquiries of the Rome and Milan POs were opened on Echelon but de facto blocked. In reality Milan had no competence, not being the formal capital of the State. What made symptomatic its intervention. In reality no one of the two POs resulted to have developed any real investigation of this clamorous and long lasting case of foreign espionage, as no initiative there was at political-institutional level. Anyway certain Anglophone theoretical poorness, and custom to mystify actions by rationally worthless claims, does not change that while the Anglophone world invested in innovation, militarism (espionage included) and State modernisation, various European countries preferred to waste enormous State funds just for preserving their backwardness and submission. While in reality militarism, when really such, and stubbornly practised, always showed as decisive occasion for systemic progression and development of a country. A global interception work, apart from the complexity and the other difficulties the choice represented, presented more problems than the simple formal world cover. There were the key problems of the full possibility of the interceptions and their economical character, and differences according to the destination of the collected material. The former order of problems was in practice that of the various forms of signals and communications protection, mainly cryptography. The US and the entire Anglophone area used both covert interception and the official pressure for getting in all world area, EU included, the access keys to all form of communication secrecy 42 protection. For instance, the US government always pressed on the EU because it avoided sure cryptographic systems for the European communications and data protection. The second order of problems was the difference between information and information usable in Court. Echelon-style projects had no legal constraint. The FBIDEA needs were that law enforcement agencies were generally required, for communication interception, to justify their requests to a judicial or administrative authority. If the Echelon-style activities permitted in practice to do everything one wanted, the FBI intervention needed to move among rules and the manipulation of rules. These different necessities, for these two different destinations, now were pursued autonomously, now the followed paths mixed. In the early 1990 the US government obliged AT&T to withdraw its secure telephone systems for replacing it with one with a chip manufactured from the NSA, consequently permeable to its, and connected Agencies, interception. The NSA planned solution presented evidently problems, and the NSA chip could not be provided, so there was the concern to get the access keys to the existing phones. The US government planned scheme was that the access keys for interception would have been concentrated in formally non-governmental agencies for eventual utilisation from the US government, what was in practice the same thing that giving full access to the NSA, and US government connected agencies. Between 1993 and 1998, the US government, concerned with cryptography, pressed on the EU and OCDE countries because they adopted their form of key recovery system, officially for law enforcement use. Actually the final destination of the access keys was the NSA, which is an espionage agency, not a law enforcement one. The US goal was just the easy access to all communication of the EU and OCDE countries, for pure espionage purposes. In parallel, also the FBI began to operate, in 1993, by its ILETS now opened to EU countries. Law enforcement officials from different EU and OCDE countries met, under FBI supervision, for discussing of their needs for intercepting communication. While the US government presented these initiatives and polices as deriving from the needs of law enforcement agencies, the EU perceived immediately the US deception. For the head of the EU Senior Officers’ Group on Information Security, Davis Herson, since his September 1996 declaration, the US authorities used the excuse of their key recovery projects for law enforcement, just as a protective kind for other governmental activities, which consisted in foreign intelligence. Law enforcement was, for Herson, just a smoke screen for espionage activities evidently led, in this case from the FBI. The ILETS extension, from its creator FBI, to the world key countries, for leading initiatives for building comprehensive interception systems, was inside the usual claims on world expansion of corruption, terrorism, criminality, etc. typically made from the US and British governments for justifying their worldwide presence. By the usual excuse of criminality and annexed stuff, the FBI promoted its worldwide penetration as espionage agency, which is conceptually, practically and operationally different from that of the CIA or military agencies. The FBI spying for ‘struggling against criminality’ was a tool from criminalizing foreign countries, or part of them, in a subtler, and also more penetrative and insidious, way than the criminalizing of governments operated from State Department and/or military agencies. Information 43 was in both cases (CIA and similar, and FBI and similar) used for commercial wars and/or political conditioning and take-over. CIA and military Intelligence services obeyed overall to the concept of military security, and only in their more specialised branches to wider concept of economic and systemic defence. What made them tendencially more politically subordinated. The FBI world extension, already well present and visible in the 1980 but in reality coincident with the same FBI creation (the CIA came later for breaking, in part, the previous FBI omnipotence), obeying to the contrast of ‘criminality’ was in part autonomous from the US contingent political leadership. It is possible to find the same FBI in first line in US key internal affair against the same elected leaders, what shows the large autonomy it, officially simple branch of the Department of Justice, always enjoyed and preserved. For what concerned the 1990, in the contexts of the ILETS group, a FBI parallel structure, from 1993 representatives of EU countries and EU institutions met with FBI agents, in practice clandestinely from their Parliaments and electors. Of the 4 known ILETS meetings opened to European police officers, those of 1993, 1994, 1995 and 1997, one could find Italian representatives only in the 1995 and 1997 ones. In practice the Italy of the coup d’État against the 1992 and 1994 elections results was excluded (for what officially known), while fully realised the subversion of the voters will, the Italy of the Dini and Prodi governments was formally present. The ILETS entire 1990s activity involving European elements developed not only outside all Parliaments’ control and awareness, but also, as consequence, without all consultation and discussion with industrial and other organisations and interests the ILETS activities inevitably affected. What was understandable since the ILETS Intelligence purposes, included the conditioning of manufacturers and operators of new communications systems for permitting the FBI, and connected national entities, interception. It was one of the replies to the attempts to protect communications from interception, and to the consequent progressive increasing of costs and difficulties in the interception-espionage work. In substance the ILETS opened to EU police officers were just US interventions on and against EU countries. ILETS, as the other structures, relevant concern was the reduction of the interception costs and its easiness, controlling the creation, on world scale, of access doors already in the moment of the fabrication of the communication hardware and software. This concern was relative also to cryptography, the encryption of electronic messages. For example, US software sold outside the USA was deprived of defences from interception and easy reading from US agencies. These US and Anglophone anxieties in favour of their world interception work easiness certainly met in Italy with the aspirations of the judicialist clans, which practised on large scale this kind of activity inside the country, actually more for political-economic destabilisation that against criminality. In reality exacting their claims on the stubborn criminal nature of all opposition to the leftist minorities were their propaganda base for concentrating on destabilisation goals. On 27 April 1999, the then Palermo Prosecutor Caselli even lamented against telephonic deregulation, 44 because it made more difficult to intercept and tap citizens.148 The judicialist praxis of purely bureaucratic police work was in fact complicated, in a context of communication market liberalisation, from the difficulty to identify the cellular phones of the targeted subjects without operating on the ground an with adequate devices. What was not really possible since the extension, also in time, of the interception and taping work, with the consequent relevant absorption of personnel. Finally, all international clamours on the Echelon system remained without any real outcome. If subordinated countries had no way to oppose to the espionage against them, apart from the concrete refusal of the logics of submission, what did not verify, internationally more active States had similar espionage systems, also if on more reduced scale. In fact different other countries increasingly collected Comint from satellites: Russian, Germany (by its BND), and France (by its DGSE). For instance, Germany and France were supposed to collaborate in the operation of a Comsat collection site in Kourou (Guyana) focused on American and South American satellite communications. In addition the DGSE had interception-collection stations in Domme (France), French Guyana, New Caledonia and UAE. Also Switzerland was interested in the Comsat interception. What explained why for example France, always so xenophobically attentive to its national independence (also if more formal than supported from real excellence) did not push to the dramatisation of the case of prolonged Anglophone espionage against the ‘allied’ governments and countries, and avoided to intervene in the polemics had developed during the years 1999/2000 on the matter. France was actually linked to the Echelon system, spied from it but also its user. It was the traditional combination of subordination and relative autonomy of France in relation to the Anglophone area. The handling capability of the French system was estimated about 2 million messages per months, while the Echelon one was of billions per month. Nevertheless ‘Frenchlon’ could equally realise some spying Anglophone countries and EU commercial secrets. However, despite the silence recreated on these activities, the political-economic focusing of relevant part of the Echelon system, as of similar ones, made them objectively matching with the needs of the different political-economic operations and destabilisations characterised the 1990s, starting with the Italy’s one. On the other side, it was public that information called from those projects was used for purposes of political-economic advantage and domination, now in reserved ways, now (as Woolsey confirmed) for creating ‘scandals’. ‘Criminality’ as pretext for a police-judicial world web149 148 Caselli contro la deregulation telefonica, [Caselli against the telephonic deregulation], Giornale.it, IE, 28 April 1999. 149 (Ilari 1994c, Sigonella, p. 187-190); (UN.ESC.CCPCJ, 20 March 1996), (UN.ESC.CCPCJ, 11 April 1996), (UN.ESC.CCPCJ, 19 February 1998), (UNICRI, 18 November 1999), (UN.ODCCP, February 1999a), (UN.ODCCP, February 1999b), (UN.ODCCP, 13 December 1999); Andrea Nicastro, I satelliti per battere la droga, [Satellites for defeating drug], Corsera, IE, 9 September 1999; Carlo Pelanda, I computer non hanno efficaci misure protettive, colpa di un mercato monopolizzato, [Computers are without effective protection, since a monoplistic market], Foglio, 12 August 2000. 45 The smoke screens of different UN and other organisations and connected NGOs were one set of the tools used for trying to impose the police and judicial world takeover of the USA and of the Anglophone area, behind the mask of a metaphysical international will. Drug control, crime prevention, organised criminality and criminal justice were smoke screens were concretely used. Precise policies with unequivocal meaning were proposed. The operational tools were used were for instance the United Nations Office for Drug Control and Crime Prevention (UN.ODCCP), organisms depending from the UN Economic and Social Council, as the Commission on Crime Prevention and Criminal Justice (UN.CCPCJ), the UN Interregional Crime & Justice Research Institute (UNICRI). By these entities, their local branches, their initiatives directed to police and judiciary operators, different penetration policies were pursued. There was the request to national governments to promote the judiciary function independence from the same governments, while international networks, alias other national governments and apparatuses, mainly the US and UK ones pretended to impose also to the judiciary and police functions of the different countries what to do. All claimed principle, apparently sounding and natural as the ‘judges’ freedom of expression and association, and the freedom for undue disciplinary procedures, might become, if carefully used, tool in the hands of judicialist Prosecutors, and also Judges, for the defamation and abuse of formally-democratic institution, and tool for the constitution of judicialist Prosecutors, and a magistracy submitted to them, in counterpower or even de facto in third Chamber of a formally-Constitutionally bi-Cameral Parliament. A magistrate can be really fair if he/she is alone without any associative and environmental constraint. A magistrate maintains his also formal fairness if he/she expresses just by clear, simple and well argued sentences, without sentencesencyclopaedia as without media protagonism. Only controls and political-institutional direction coming from the outside the magistracy corporations may be guarantee of efficient working of the judiciary machine, not certainly its corporative organisation and its irresponsibility. The dissolution of all State and public power over the judiciary function is only function of its desegregation and new aggregation under the control of other interests and powers have de facto made themselves stronger than State institutions and citizens formally-democratic will. There was the individuation of areas of intervention, as anti-corruption, narcotics trafficking, and organised crime: the three areas chosen from the UN.ODCCP. The mystification consisted in the false suggestion that crime was something objectively determinable, while it was in reality a legal construct and a political choice; in the USA, for example, the organised criminality was artificially created by Prohibitionism and submitted to the US State. The consequences deriving from the acceptation of these choices and policies were the acceptation of the hegemony of the US Department of Justice, and their FBI and DEA, which by their information monopoly and their world wide organisation could eventually impose their choices as obvious and natural, also deceiving and corrupting foreign operators of police and judiciary apparatuses. Narcotics production and trafficking were essential economic activities for different areas and they replied to the demand came in first instance from the same US market. Disorganised crime was, in many areas, most troubling that the organised one, which anyway had its strongholds in the USA and in connection with US apparatuses, not elsewhere. 46 Already inside the USA the action on narcotics trafficking was a socio-political device. It was a way for imprisoning ethnic minorities. For instance, the rapport between people sentenced for crack and cocaine was 100:1. One struck only the ‘crimes’ one wanted to strike. The imprisonment of minorities was not only a terrorist technique also but the way for creating a prison-economy with prisoners becoming low cost workers for industries.150 Also in this, USSR had been, when it existed, the weak copy of the most efficient and pitiless original. In Vienna, under the cover of the UN.ODCCP struggle against the drug trafficking, US apparatuses financed Talebans (in anti-Iran function) and the doubling of the narcotics production. This while the chemical production was making those natural productions destined to the extinction. The USA-UN actually financed the drug production and a US foreign policy, while, using that interventionist policies (contradicting the claims on free market) and their parallel failures, they pursued the increasing of the satellites for the control of the world territory. It is easy to claim that satellites are indispensable for checking the Afghan drug cultivations, and to use them for other purposes. The Italian hardliner judicialist Pïno Arlacchi (professor, PDS Senator, Italian Interior Ministry consultant151, protagonist of the PCI high-level penetration inside the Interior Ministry already in the 1980s, in collaboration with FBI-DEA behind the official screen of the narcotics trafficking) became, in mid-1997, UN.ODCCP responsible in Vienna. On 4 December 1996, Arlacchi should become President of the Anti-Mafia Commission. But even its majority had fear of an obtuse hardliner. The ex-Craxian Socialist Del Turco was preferred. As a kind of personal reward, or perhaps also for firing him from Parliament, Arlacchi was later sent to Vienna, officially to fight against world narcotics trafficking, actually to collaborate, with US Intelligence agreement, to finance the Afghan Talebans.152 Only in July 1999, Clinton assumed sanctions against Afghanistan.153 But, from Vienna, UN founds continued being sent to them. It was a perfect example, for what concerned both the USA and Italy, of the judicialist approach to reality: apparently ethical great clamours and radically different sign real politics in function of precise interests. By a 29 November 2000 Corsera article, the UN deputy-General Secretary Arlacchi launched a violent shut-up to the Health Service Minister Umberto Veronesi guilty to have declared that drug prohibitionism had provoked just damages, and he wrote that he wanted a clarification of the PM Amato on the Italian position after the Veronesi declarations. In the same article he emblematically manifested his obsession for the Sicilian Clans, but without reference to the Calabria (the region where he was born154) ones, as to the US and other one favoured from the FBI-DEA and UN policies.155 Noam Chomsky, America, il business delle carceri, [USA, the prisons’ business], Stampa, 15 April 2000. 151 (Craxi 1998). 152 Pentiti di mafia. Evitare antichi errori, [Mafia justice collaborators. Avoid old errors], Corsera, IE, 6 July 1999. 153 Clinton vara sanzioni contro i talebani afghani, [Clinton pass sanctions against Afghan Talebans], Corsera, IE, 7 July 1999. 154 He was born in Gioia Tauro (Reggio Calabria) an area controlled from organised criminality and living on frauds on State funds. 155 Pino Arlacchi, Quanta ideologia, signor ministro E ora il governo dica da che parte sta, [How much ideology, Mister Minister. And now the government declare which its alignment is], Corsera, IE, 29 November 2000. 150 47 In substance, there was the conceptual and operational construct of the so-called ‘trans-national crime’, as tool both of social domination-penetration of other countries and of domination of the other countries’ police corps and judiciary, by bilateral and multilateral co-operation. If one examines the UN documents with lists of the different national ‘organised criminalities’, one will find that they follow racist lines. One will never find any reference, for example, to ethnic-Anglophone or ethic-Jew Clans but just to the supposed other ones: Colombian Mexican, Nigerian, South African, Chinese, Japanese, Thai, Cambodian, Russian, Turkish, Albanian, “Italian mafia-type”, etc. as there were ethnic group to the targeted (the evil) and other ones organised-criminality-immune (the goodness). There was the parallel construct of the concept and of the action on ‘corruption’, where the same ethnic discrimination was hidden behind supposed objectivities. For example, a European and Japanese bribe was such, while an Anglophone one (whatever its form, from the banal direct bribe, to the indirect one, to the military threat, to the blackmail from Echelon electronic surveillance) was free market. It was never explained why bribes could have been sufficient for selling non-competitive products, and why a bribe could not be a tool of free concurrency, or why politicians were ‘corrupt’ only in countries contrasting the Anglophone area, which was naturally perfect. The theoretical and organisational construct on the matter was just function of trade and domination interests of the strongest areas, however not so strong and selfconfident if ‘bribes’ were sufficient for supposedly changing the trade flows, and if US and UK-protected cartels, with militarist support, dominated (an example of free market?) the oil world market, and other raw materials markets, without admitting any concurrency. The USA used even the excuse of the so-called millennium bug (which was US responsibility since the defective technology diffused from the USA) for claiming their superiority, so their supposed natural leadership, in the field and its governance. In that occasion the US, perhaps for hiding their responsibilities, elaborated even lists of backward countries, which were for them incapable to face the problem. Italy was defined as inevitably backward in the millennium bug fight. However, with US immediate surprise, the Italy’s problems for the event were not superior to the US ones. The entire IT sector was, not differently for the other ones, pretext for Anglophone world domination. The hackers actions, and amplification or even promotion, and the perspective of possible cyber-terrorism, induced the FBI and CIA joint creation, the NIPC, to insist, in the first half 2000, with the usual request of world full powers. The French Interior Minister Jean-Pierre Chévènement (an Anglophone-style hyper-nationalist), who also in other occasion showed well aware of what there was behind both the political use of magistracy and the claiming of apparently reasonable and sounding requests of judicialist legal innovation, denied the opportunity of all world space, of a global cyberspace in this case, the USA-UK pretended were create under their leadership. In May 2000, also the Council of Europe excluded the possibility of world space for the NIPC, or similar entity, action, what was not contrasting with the knowledge and information co-operation. And suddenly the Anglophone media claiming passed from hackers to other ‘forecasts’ on other forms of ‘terrorism’. Since these strange correlations, it could not be excluded that the increasing of hackers attacks was pushed-promoted, or let freely to develop, as a way for pressing on governments for delegating to the USA-UK the IT communications security, and consequently also possibility of total control and 48 espionage.156 Again, problems the same USA-UK had amplified, and even created, when necessary for deception purposes, were used for pretending the recognition of their leadership and so the world submission to them. Again there was the manipulation of ‘criminality’ played against the world. The millennium bug case is a very good case also from propagandistic point of view. The US technological collapse, what was in reality a US IT bug, was replaced from the image of a bug casually linked to a date. The reference to the ‘millennium’ was an additional false, even if irrelevant, because the passage from the 1999 to 2000 was only the passage from the penultimate year of the millennium to the ultimate year: it was not the passage to a new millennium since the first computational year was the year one, and it wasn’t the year zero. If the invention of the millennium was apparently inexpensive, it was calculated the US IT bug cost to the world 180 billion Euros/dollars according to certain sources or 1,500 according to other ones. And it was just a ‘bug’, of which in reality the penal and civil responsibility should have been of who/which had provided microprocessors and system architectures, and imposed to the world the standards with the bug.157 On the 26 April 2000 Corsera Arlacchi declared, quoting the, for him, enlightening Garzón example (the Spanish leftist magistrate struck Pinochet, but didn’t Kissinger, what made immediately evident inside which interests frames he was positioned) that it was necessary magistrates enjoyed of the universality of jurisdiction, outside any national constraint. Arlacchi claimed that this was indispensable both for slaves and narcotics trafficking.158 They were both typical traffics enjoyed forms of powers protections since economic and consensus macrointerest linked to them. In addition, the narcotics illegal trafficking was specifically created by protectionist legislations, not really differently from the different forms of human flesh trafficking. In both cases formal bans mixed with toleration and protection created the economic spaces for prosperous illegal markets. Anyway it was unimaginable that the USA let for example Mexican magistrates to operate freely on the US territory and against US citizens, or that the UK let the French police and Justice to operate on the British territory and/or against British citizens. The same Arlacchi operated in direction of third world countries, and without any global result from the point of view of its official duties. The Arlacchi-style claims were just function of powers interventions in other countries businesses. The US State Secretary Madeleine Albright explicitly, in January 2000, at the Davos Conference on trade, used ‘corruption’ as a threat for geopolitical purposes tool. Three elements were acting in background, immediately connected with these claims: the failure of the US policies in relation to Russia, underlined from the European media, the difficulties the USA were realising relatively to the designation of a new head for the IMF, the failure of the Seattle Conference on Trade. Albright launched a generalised accusation of ‘corruption’ tolerance against the European Stefano Cingolani, L’Europa dice no allo 007 anti-hacker, [Europe says no to the anti-hackers 007], Corsera, 16 May 2000. 157 Baco innocuo: è costato 360 mila miliardi, [Innocuous bug: It had cost 360,000 billions], Corsera, 2 January 2000; Millennium bug, una beffa costata 3 milioni di miliardi, [Millennium bug, a joke of 3 millions’ billions’ cost], Giornale, 2 January 2000. 158 Alessandro Trocino, Arlacchi: poteri internazionali ai magistrati contro il traffico di donne, [Arlacchi: international powers to magistrates against women trafficking], Corsera, 26 April 2000. 156 49 States, the UK included (a threat to some Blair secret intentions of full integration with the EU, adhering to Euro?). As pretext she used one of the usual ‘anticorruption’ international agreements, in this case one of February 1999, the national States were reluctant to ratify. The verbal strikes went from a US Administration heavily involved in case of national and international ‘corruption’. Then the US government was disappointed with France because obstacle to the US world domination, with Italy since its trades with Iraq, with Iran and Libya ‘interfering’ with US trades and domination, with Japan because obstacle to the USA’s Chinese policies, with the UK because too slow in the salvage of Pinochet, consequently a potential menace in direction of a world tribunal on war and against-humanity crimes, what the USA could not tolerate since the refusal of the US Armed Forces’ war criminals to submit to foreign and/or international laws. What better, in such conjunctures, than the threat of world legal spaces under US control for permitting to the US police-judiciary apparatuses to strike silently and freely whatever resisted to their domination in name of ‘honesty’?159 In the same Davos Conference, Albright showed disappointment because the USA had been defined as a hyperpower. Sometimes dominators prefer discretion. At the same time she declared that without the USA international domination, the world would have been in serious danger. 160 It was a way for insulting the other people as inept to realise whatever without the US guide, instead of pursuing openly domination policies without excuses and masks, what would have been a more profitable approach to world questions. The emphasis on the necessity of judicial campaigns may be explained with the absence, in the 1990s of a US univocal foreign policy. There was on the contrary the coexistence of different ones, and in addition also geographically extremely fragmented. Single bureaucratic, police, military apparatuses developed their own foreign policy. In this context surer intervention was the direct action of the world arena. The foreign demolition by judicial, alias apparently objective structures as judges and media, was suitable for that purpose. It was sufficient from a kind of research totally financed from systemic purposes, as the Anglophone one, not to finance research also on this aspect (the war usage of judiciary and media) for removing that point from attention and discussion. If the FBI used, in the world arena, the repressive-annihilation techniques in which it was traditionally specialise, other agencies used other techniques for their goals. For example a CIA having evidently different orientation, promoted, at end 1990s, using the CIA-connected US TUs, which financed the mass protests, the failure of the so-called Millennium Round, the world trade conference in Seattle. What was an opposition to the FBI world space tightly, as unrealistically, submitted to all US economic needs. 161 What did not hampered the RC leader Bertinotti to define the ‘Seattle boys’ as ‘Communism reinventors’162, and the defender of bureaucratic parasitism to continue to defend, from a xenophobic and opportunistic perspective, the right of anti-modernising ruling class to discharge the costs of their ineptitudes on workers and consumers. Che cosa c’era dietro la tirata della Albright sulla corruzione europea, [What there is behind the Albright claims on European corruption], Foglio, 1 February 2000, p. 1. 160 Christopher Lockwood, World warned that US could be pushed towards isolation, Telegraph, IE, 31 January 2000. 161 Per Fejtö l’opacità della politica non sta nei soldi ma nell’asse giudici-media, [For Fejtö, politics’ opacity is not in money but in the axis judges-media], Foglio, 29 February 2000. 162 Bertinotti e la moralità politica perduta nelle tenebre del mercato, [Bertinotti and the political morality lost in the market darkness], Foglio, 3 March 2000, p. 2. 159 50 The ‘humanitarian’ excuses, widely used for justifying interventions, when there were other interests to impose, were in practice the claiming of the supernatural right same States self-attributed for pursuing their material interests against all international rule and against all respect of other countries and peoples sovereignty and rights. What was another way for trying to define a world free space for the USA-UK selfsupposed omnipotence, at least when adversaries were not too big and strong for them. For instance the Kosovo occupation, the 1999 aggression against Yugoslavia, was justified building false evidence on never attempted genocide, but only normal anti-guerrilla operations from the Yugoslav government, anti-guerrilla operation actually considerably softer than the British practices on the field, for example in Africa. Holly Burkhalter, Advocacy Director of Physicians for Human Rights, Washington, claimed the right to falsely denounce genocide by the original motivation that evidence is not necessary for preventing genocide […when conform to the Washington interests, naturally].163 It is sufficient a rough look to the international reality for noticing that nobody ever cared of genocides or ‘genocides’, from the North America to those realised inside the Turkish borders, or wherever else: it is a field without ethnic and/or political differences. On the contrary, whoever had interests was always very attentive in claiming, and also inventing, human rights violations. For Burkhalter, evidence is not necessary. Interest is more than sufficient. The field of the ‘humanitarian’ intervention was actually more tool of military domination instead of police-judicial one. However also in the field of the military interventions there was the tendency to adopt police-judiciary language, symbolism, arguments: work of international police, international tribunals, defence of values, etc. After having presented the police-judicial functions (which are, also historically, eminently political) as relying on some natural-divine inspiration, there was the attempt to use this invented objectivity as smoke screen also for the directly military necessities of the international relations. Continuously, month after month, year after year, judicialist initiatives were organised from always the same set of organisations and the same personages who used them as way for contacting operators of State apparatuses, and defining collaborations with them. Also the arguing was recurrent and always deceitful. All these initiatives were good occasions for recruiting to the ‘UN’ and ‘EU’ programmes Prosecutors and Police functionaries and officers, eventually politicians if not already inside the network. A political co-operator of this judicialist international was for example, as one of its parallel branches, the Sicilian Catholic-leftist politician Leoluca Orlando. Orlando had been internally and internationally active against Andreotti, as against Falcone, since the 1980s, real leader of the Palermo PO judicialist fraction, and, under Caselli formal rule, the real leader of the same PO work. Orlando was active promoter of, and participant to, judicialist ‘cultural’ initiatives. For example, in the early September 1999, there was the Friburg Conference organised, alias financed, from the Palermo Commune (Italy), the Max Planck Institut of Friburg (Germany), and the University Pablo d’Olavide of Seville (Spain). The Conference was opened from Orlando and was inside the EU Project of Contrast to the Organised 163 A. Ni., Satelliti e mappe in tv ma la disinformazione rimase protagonista, [Satellites and TV maps but deception remained protagonist], Corsera, IE, 7 January 2000; Stefano Cingolani, Derrida: «In Kosovo violenze, non crimini contro l’umanità», [Derrida: «In Kosovo violence, not crimes against humanity»], Corsera, IE, 7 January 2000. 51 Criminality, developed in the context of the EU Falcone Programme.164 This kind of initiatives, took place various times each year, were in reality occasions of judicialist propaganda and co-ordination on how to use the ‘criminality’ excuse for other purposes. The Italian judicialist Prosecutors, who refused all political orientation from the Italian government, claiming they were independent (but not in the moment of the taking of their salaries and other benefits), were politically and operationally oriented by this kind of initiatives, for them also further occasion for giving directives to the Italian governments and Parliaments on what they should do. In the specific case of the specific initiative with Orlando promotion or co-promotion (which was neither occasional nor an exception) it merits to be remembered that Orlando had been Falcone deadly enemy because Falcone refused the party prostitution of the judiciary function, preferring to reason and act in terms of systemic interests. Falcone as name of a Programme with Orlando and judicialist clans’ participation was a good warning on what could happen (to explode over 500 kilos explosive) to who refused the submission to the judicialist clans. The Italian State subordination to the Anglophone police-judicial domination progressed, not without resistances and counter-tendencies, in parallel with the PCI organised infiltration inside the Interior Ministry. On 14 November 1885, immediately after the October 1985 Sigonella crisis between Italy and the USA, the Interior Minister Scalfaro signed, with the Attorney General Meese, an Agreement of cooperation with CIA, FBI and DEA against ‘terrorism’. Similar Agreement was signed on 24 June 1986. An April 1986 Agreement, yet Scalfaro Interior Minister, formalised the already developing co-operation between Italian State Police and FBI for the struggle, or supposed such, against narcotics trafficking. There was not, evidently, unanimous agreement these form of subordination to the USA. The Foreign Affairs Minister Andreotti was in State visit in Washington between 30 January and 4 February 1987. Leaving the USA, Andreotti informed the press that the USA intended to convoke secretly, in Rome, a summit on hostages and terrorism, of the 7 main countries of the world, and that the summit would have been presided from Scalfaro. It was not an Andreotti support to the Scalfaro relations with the USA and the Western powers for creating police-legal spaces. The PCI (already decisively penetrated inside the State Police with the 1977 Cossiga reform, which demilitarised it) was present in the narco-traffic ‘struggle’ affairs with his men. Gianni De Gennaro, an ex-Fascist165 become leader of the proPCI informal clans-networks inside the Interior Ministry apparatuses, rapidly progressed until the top levels of the State Police and Intelligence apparatuses, included sectors directly and decisively involved in the 1990s judicialist operations. He was, also in the evaluation of Professor Ilari, a PCI-man already in that period of the 1980s ‘struggle’ against narcotics trafficking, when he had also an internationally active role in inevitable co-operation with the FBI-DEA.166 Reputed a skilful functionary, De Gennaro was also very skilful in the self-promotion and in that of his 164 Maria Teresa Conti, Grasso vuole esportare il metodo Caselli, [Grasso wants to export the Caselli method], Giornale, 4 September 1999. 165 As university student he was FUAN member. FUAN was the university students organisation of the MSI, the pro-RSI-Fascist party until its revision and dissolution in the 1990s. 166 Giorgio Ferrari, «La sinistra si dimostra senza senso dello Stato», [«The Left demonstrates its absence of State ethic»], Avvenire, 4 April 2000. 52 friends’, in tight co-operation with the PCI judicialist fraction. What was anyway inevitable: in no continental European-style bureaucracy there is no progression without the self-organisation in clans-chains and the political-institutional connections. At the end of the 1980s, the clans of State Police functionaries linked to De Gennaro, and their relative political and institutional references, pursued the ambitious goal of affirming the State Police centrality (but under judicialist control: what made the operation instrumental), overcoming the historical dualism with Carabinieri and in some way also with the Fiscal Police. When the pro-high criminality 1998 Napolitano circular (Prodi PM) had partially neutralised the special corps of the State Police, Carabinieri and Fiscal Police, in favour of the DIA (in some measure167, the political police of the judicialist clans), that was interpreted as a decisive step in that direction. But later, changed government, the Carabinieri offensive, supported from a PM D’Alema wanted to subordinate to his person the judicialist front, made vane all illusion of judicialist full take-over of the police forces.168 So, in practice, concrete moments of relevant systemic resilience, which can be fully and concretely understood only inside the history and the micro-bureaucratic mechanisms of a country, de facto hampered, also at level of police apparatuses, the State take-over from the clans connected with the Anglophone pressure for the subordination to their police-judicial space. This dialectic between pressure toward domination and counteractions it provokes is readable also at the level of the invented ‘excuse’, the recursive policies of now creating, now inventing crisis situations. The same Anglophone denunciation of the nearly imminent danger of forms of cyber-criminality and/or cyber-terrorism could not hide that the USA-UK were working for promoting these cyber-criminality and cyber-terrorism. The USA-UK, thanks to they domination in the IT sector had created a situation of monopoly where, for instance, the development and diffusion of high level cryptographic techniques had been de facto banned, for the entire 20th century, for better permitting the cheap US-UK espionage of the world communications. However, from the one side, the full control is always impossible and technological development desegregates all ban and hamper, from the other side, also the monopoly of the interception techniques was progressively less possible. For example, in 1995, a small Italian firm created a very advanced system of electronic halos interception. Apart from this case, the technological diffusion pushed in direction of the dissolving of IT knowledge monopolies. Also developing countries of Asia and Southeast Asia showed forms of excellence in the IT sector, in direct competition with the USA-UK. In practice, the easily forecastable consequence was that interception techniques would have developed without any US-UK real possibility to hamper them, while the US-UK obstruction of the cryptographic research (they financed, but only for controlling it and letting it starving) and application would have let the civil sector, 167 In Italy, this kind of secret polices, periodically created and dissolved, are formed by men and women coming from the other police forces (to which they may be send back), what make them, whatever the claimed intentions, spurious bureaucracies whose higher salaries are not sufficient to give them a corps spirit. 168 Aliquò, dall’Fbi italiana alla Guardia Civil del premier, [Aliquò, from the Italian FBI to the premier’s Guardia Civil], Foglio, 13 April 2000, p. 3. 53 but also the military one169, without defence relatively to non-US-UK-controlled attacks. When this will verify, the USA-UK will claim the guiltiness of somebody else, as usual. Already at the end of the 20th century they were claiming world despotic powers for dealing with these crisis situations they have created, as all the other ones they used in their claims. The criminal’s aspiration is to make him/her police, so to be always guaranteed. Clearly, overall in the 1990s, the Italian personnel chosen for operating inside the supranational formal structures, de facto police-judicial Anglophone networks, was not selected by the criteria of the police and/or judicial professionalism and institutional loyalty, but since their judicialism and opposition to institutions. Judicialism was not a 1990s sudden illness. It was previously protected and used also from DC fractions (Andreotti one included) stricken in the 1990s. Consequently already before the 1990 there was promotion of judicial and police personnel, in formally supranational structures, according to judicialist criteria. Since this kind of selection of the worst personnel, the progressive lost of powers of the Justice Minister and of Government on Prosecutors, and the Progressive domination of militant Prosecutors on the same police, myopic governments and Parliaments also formally favoured already before the 1990s, the personnel was designed for representing Italy in these international structures replied directly to their reference judicialist clans. So, generally, the Italian government favoured and financed the connection between Italian clans and international interests were acting against the Italian institutions and people. It was advantageous, for the DC, to let to form para-PCI judicialist clans, or also other personal power positions, well anxious to be launched against the CraxiPSI, while the pressure coming from the USA against the Centre and Andreotti DC from in the second half of the 1980 was successfully contained until 1991 by pure political-institutional manoeuvring, instead of by institutional universal guarantees and relative selection of the institutionally best personnel. In practice Andreotti, and also Martelli, felt personally guaranteed from a skilful but isolated Falcone, while the State police-judicial structures were, in part even if meaningful part, taken over from personnel in connection with the structures of the Anglophone and para-Anglophone police-judicial world space. Also German and French political leaderships as criminal questions 169 If research relatively to the civil cryptography is repressed, this inevitably hampers synergies would have favoured also the military one. 54 The 1999/2000 German politics criminalisation170 And Italian-style assault In the operation triggered in 1999 in Germany there were different ingredients common to this kind of operations and recognizable for who had familiarity with the 1990s destabilisation Italy. There was the positioning of the right people in the right places: the providential death, by car incident, of a Chief Prosecutors when all the ingredients were ready but he was not sufficiently trusted for beginning and carrying on such kind of operations, in a controlled way. Positioned the right Chief Prosecutor in the right place, and carefully smashed the inquiry among different PO, the operation fully started. Perhaps, or probably, the car accident and the later, apparently consequent, death was absolutely casual, what is anyway irrelevant. Realised these events, the case was strongly triggered, also propagandistically, from Canada, territory of the British Crown. The media, never independent from financial network, decisively created, also in Germany, the ‘scandal’ climate, which there is not if people are not induced to fell scandalised, overall in the polls moment. Ernst Nolte underlined the media role in transforming the magistracy inquiries on Kohl in an irresistible political campaign against Kohl and the CDU.171 The assault was focused on a CDU was showing, as people consensus, after the 27 September 1998 defeat, 170 Andrew Gimson, Greens seek inquiry on arms scandal, Telegraph, IE, 16 November 1999; Andrew Gimson, Kohl party haunted by new allegations of illegal contributions, Telegraph, IE, 19 November 1999; Roberto Giardina, Cade il muro di Bonn. E' Tangentopoli, [The Bonn wall falls down. It is Kickback-city], Giorno, IE, 23 November 1999; Merkel, la gelida e astuta “bambina” che ora vuole liquidare l’ex cancelliere, [Merkel, the ice-cold and astute “child” who now wants to liquidate the exChancellor], Foglio, 29 December 1999, p. 1; Von Hannes Burger, Hat ein Zwerg Rasputin in Stoibers Nähe die CDU verraten?, Welt, IE, 29 December 1999; Dietro lo scandalo c’è Stoiber dice la Welt, [Die Welt tells that behind the scandal there is Stoiber], Foglio, 31 December 1999, p. 3; Per Di Pietro una Germania fotocopia d’Italia. «Sulla corruzione eventi come da noi nel ’92», [For Di Pietro a Germany photocopy of Italy. «On corruption events as by us in 1992»], Corsera, IE, 6 January 2000; Taccuino tedesco, [German notebook], Foglio, 6 January 2000, p. 1; Michael J. Inacker, Schäuble: «Abbiamo chiuso l’era Kohl», [Schäuble: «We have closed the Kohl era»], Corsera, IE, 8 January 2000; Andrea Tarquini, "Ho preso soldi come Kohl", ["I took money as Kohl did"], Repubblica, IE, 11 January 2000; Alain Abellard, Karlheinz Schreiber, le marchand d'armes par qui le scandale est arrivé, Monde, IE, 20 January 2000; P. Val., «Sono un gatto su una cassa di topi», [«I am a cat on a box of rats»], Corsera, IE, 21 January 2000; Giulio Andreotti, Onore a Kohl, [Honour to Kohl], Giorno, IE, 24 January 2000; S.V., Siamo funzionari, non eroi, [We are functionaries, not heroes], Espresso, IE, 3 February 2000; Paolo Valentino, Finanziamento illecito: nei guai anche l’Spd di Schmidt, [Illegal financing: troubles also for the Schmidt’s SPD], Corsera, IE, 9 February 2000; Bundestagspräsident prüft Millionenspende an die SPD, Spiegel, IE, 9 February 2000; Andreas Borchers, Schröder: «Il carcere per i corrotti», [Schröder: «Prison for corrupted people»], Corsera, IE, 10 February 2000; Marina Valensise, Per Colletti è fallimentare il tentativo di portare la politica sotto l’egida della morale, la volontà di potenza è salvaguardia di civiltà, [For Colletti the attempt to bring politics under the morale’s control is a failure, the power’s will is safeguard of civilisation], 10 February 2000, Foglio, p. 2; "Wer lügt, den werde ich überführen", Welt, IE, 21 February 2000; a.t., Le accuse di Schreiber. "Ho pagato tutti i partiti", [The Schreiber accusations. "I have paid all parties"], Repubblica, IE, 22 February 2000; Marina Valensise, Per Fest la globalizzazione sta soppiantando la politica. Snobbata dalle nuove elite, tenta ormai solo i demagoghi, [For Fest globalisation is replacing politics. Disdained from the new elites, it attracts just demagogues], Foglio, 31 March 2000, p. 2; Fausto Bertinotti, Destre in movimento, [Rights in movement], Liberazione, 4 April 2000; Antonio Missiroli, Come farà una Cdu più liberal a non scontentare l’anima bavarese, [How a more liberal CDU could not disappoint the Bavarian soul], Foglio, 11 April 2000, p. 2; Georg Mascolo, "Bankrott der Justiz", Spiegel, IE, 8 May 2000. 171 Marina Valensise, Per Nolte solo negli Stati totalitari i partiti non hanno fondi neri, [For Nolte only in totalitarian States parties have not black funds], Foglio, 17 March 2000, p. 2. 55 stronger than the Parliamentary majority. It was an action apparently for favouring an SPD (and eventually its fractions more disposable to subordinate to the paraAnglophone ‘globalisation’) was showing uncertain and inept in governing, and the Leftist fractions of the CDU. From their side the CDU Lefts showed well collaborative with the Kohl judicial liquidation, as the SPD did. Put under fire the CDU Centre, also the SPD was put stricken from Canada, but only superficially and in some of its fractions, so as a way for better blackmailing and submitting the SPDGreens government. The same centrist fractions of the SPD and the PM it had expressed aligned with the judicialist strikes as their supporters and profiteers. In such operations, systemic resilience is more decisive than the intensity of the strikes. In fact the apparent achievement of the strikes was, in Germany, just a slight weakening of the CDU such to reduce of some points its electoral consensus and to make clear it was not allowed to become government party, not even in case of growing unpopularity of the SPD-Green coalition. Practically, the German government kept the strikes against the Centre fractions of the CDU under careful control for avoiding the collapse of meaningful part of the political system, as in some way, on the contrary, had verified in Italy. The German operation deployed in a frame of Lefts had ephemerally, but really, won the general elections, before all judicialist strike. The SPD achieved the relative majority in occasion of the 27 September 1998 general elections, with 40.9% (298 seats over 669) against 35.2% of the CDU-CSU (28.4% + 6.7%, with 245 seats). The Greens got 6.7% votes and 47 seats. It was not the imposition in office of a 16% party, the PDS, as it verified in Italy. The systemic resilience, conjugated with the reality of this general elections majoritary people consensus of the Lefts, produced, interaction with the judicialist assaults, the consolidation of the position of the Lefts government. On the contrary the Italian operations were, and effectively achieved results, openly against the voters wide majority. Structural and also contents similarities of the judicialist action may not hide quantitative and qualitative differences. In 1999, Kohl (personally freer from internal duties as consequence of the 27 September 1998 defeat and the relative leaving of the CDU operational direction) was leading the reorganisation of the European Centre/Centre-Right under a unifying modernisation programme capable to gather the wide majority of the European people. The perspective was that of the 2000 European election, the forecastable exhaustion of the Leftist/para-US-Democrats political cycle had marked the 1990s, and the new impulse it was possible to give to the EU after that Euro was running along relatively sure, even if not at all solid, tracks. The Kohl strategic action was precisely for building the political-institutional solidity was yet lacking around the European currency. Inside this he agreed with the FI inclusion inside the EPP. The Kohl electoral defeat in Germany had exalted the European dimension of the operation he promoted, what terrorised Lefts had showed inapt to govern effectively. The 1989/1990 German reunification had increased the economic and political weight of Germany inside NATO and EU. The NATO extension and the perspectives of EU extension, both toward east, made key point the political weight of Germany inside this process.172 It was inevitable that the USA-UK and France played the cards they disposed against Germany. It was again a game with complex interactions and 172 (Lepesant 1998). 56 actors also with contrasting interests, and whose outcome was not necessarily that wished from myopic, and very bounded rationality, actors. That the Euro and EU consolidation was terrorising the USA-UK was not a mystery. It was sufficient to look at the generalised war triggered against it. On 24 January 2000, Andreotti underlined the coincidence between the Kohl liquidation as international leader and the delicacy of the Russian situation, and how the Kohl decisive role in the Euro launch perhaps was not extraneous to the campaign triggered against him on the illegal financing. However the campaign was broader than the person of Kohl, and also the strikes against persons are realised in such way when persons are feared since their continuing role. The judicialist strike against the German CDU openly started in November 1999. In that moment the SPD-Green general election majority was characterised by growing ineptitude on all key question. The German investigation against the CDU was led from Reinhard Nemetz, Chief Prosecutor of the 42 Prosecutors of Augsburg, Bavaria. He conquered the position thank to the death, at end April 1999, as consequence of a car accident (since undefined reasons), of his predecessor, Jörg Hillinger. In connection with the Hillinger death, judged from different sources doubtful it had been casual, relevant documents on the case disappeared. The Prosecutor was directly handling the case was Winfried Maier, with full support of Hillinger. ‘Obstruction’ for carefully handling the case against various political leaders, avoiding it became too explosive, came from their hierarchical superiors in Munich. The requests were also in direction of the fragmentation of the case among different POs also outside Bavaria. There was not pressure for the full suppression of the inquiry. The Nemetz rule seems to have been more in the direction of its ‘reasonable’ dealing wanted from the Munich judicial authorities. On the other side law is always something to manage for some goals, depending on societal marks and force relations. So, on 27 Mai 1999, the Bavaria General Prosecutor ordered to Maier and Nemetz that the inquiry was shared among different PO. Maier in Augsburg would have dealt only with the position of the two Thyssen (the tanks company) managers involved in the affair. Two other positions (Riedl and Max Strauß) were attributed to the Monaco-1 PO, another one (Pfahls) to the Monaco-2 PO, and Kiep to the Frankfurt PO. Fractional struggle, or apparent fractional struggle, inside the CSU, inside the CDU-CSU, inside the CDU, between CDU or CDU-CSU and other parties, mixed also with other internal and international goals, as normal in such cases. The investigation was collapsing Kohl was born since a year old inquiry of the Augsburg (Bavaria) PO. The illegal financing was paid in 1991 to Walther Leisler Kiep, then CDU Treasurer and Kohl tight collaborator. On 5 November 1999 the arrest warrant against Kiep was emitted. Kiep was spectacularly arrested despite the restrictive measure was actually useless and unjustified. Who illegally informed the media on the contents of the Kiep deposition involving Kohl was at the high levels of the Bavaria government, led from Edmund Stoiber. The anti-Kohl affair was made to explode in November after the regional elections saw the participation of the two Stoiber’s friends inside the CDU, Biedenkopf and Vogel, so they were not damaged, and before the Schleswig-Holstein election. There was State candidate the Defence ex-Minister Volker Rühe, whose defeat would compromise his candidacy as Federal 57 Chancellor. On 11 January 2002, Stoiber became the CDU-CSU candidate to the position of Federal Chancellor in occasion of the autumn general elections. Bavaria was already fully inside the 1990s destabilisation against Italy, as with some kind of delegation on Italian affairs. Its being inside the Catholic world made it apparatuses more easily usable since the greater connections with Italy there were from Munich than directly from Berlin. It was precisely in Bavaria, and by the CSU, that the Haider party was appreciated and popular.173 As in 1994, also from Bavaria there were pressures on the LN for collapsing the Berlusconi government and the Berlusconi politician, in 2000 Haider became suddenly active in direction of the Italian liberal and northerner Centre, which from his side, remained suspicious of such sudden pressing attentions. In the Kohl case Bavaria was via for operations against the Protestant-German politics and institutions. Pushed the case from Bavaria, Kohl, as central leader, was competence of the Bonn judicial offices. In Bonn the inquiry against Kohl was developed from the Chief-Department, the Prosecutor Bernd König. The inquiry could start thanks to the authorisation, König requested and got, of the Bundestag President, the Social Democrat Wolfgang Thierse. As consequence, different searches were realised, for instance that of the Kohl’s business-layer Horst Weyrauch, of the other Kohl’s tight collaborator Hans Terlinden, and of the archives of the CDU Frankfurt bank Frank&Häuser. The judicial case was apparently provoked from an old US-German business of the times of the Gulf War. What means that USA sources had all the ‘evidence’ on it. Since the specific deal the selling of 36 Fuchs Panzern (tanks Fox) to Saudi-Arabia was, with relative ‘intermediation percentages’ to politics, also if US sources had not got official information, it was precisely the kind of business checked from the Echelon system. Illegal party financing was the ‘crime’ used propagandistically against Kohl calling it with the usual claims on ‘corruption’. The British Telegraph, the newspaper of the British Intelligence and military apparatuses, was in first line in the claiming on the case. In its 19 November 1999 edition it had denounced the ‘corruption’ case involving Kohl. Already in its 16 November 1999 edition, it had reported on the 1991 payment to the Kohl CDU, linked to the export of armoured vehicles to Saudi Arabia, with the German Greens suggesting it was ‘corruption’. Going yet back, the case had been in some way triggered from Canada where the Bavarian arms dealer Karl Heinz Schreiber, already at the origin of the 1991 business, had been arrested. He was accused in Germany of bribery and tax evasion for the £350,000 1991 donation to the CDU treasurer Walther Leisler Kiep. The Schreiber arrest had been the Anglophone participation to the celebrations of the 9 November 1989 fall of the Berlin wall, and the consequent German unification Kohl succeed imposing to the world. Professionally, Schreiber was a Canadian-German arm trader. He was an insider of the Intelligence community, because he had worked, between 1983 and 1987, under the nickname of Hunne, for the German secret services. His mission was exactly to finance illegally political parties in connection with arm trades of German and 173 Taccuino tedesco, [German notebook], Foglio, 17 February 2000. 58 European industries. The Schreiber bail (one million Canadian dollars, 675,000 Euros), paid when he was arrested in Canada on German magistracy request, was paid from different ‘friends’. Among them there were the Canadian Finance ex-Minister Marc Lalonde and the New-Scotland Justice deputy-Minister Elmer Mackay. The Schreiber career developed in tight connection with the CSU and Bavaria leader Franz-Josef Strauss. After his arrest, Schreiber immediately was used as witness, overall as public ‘witness, as defamer174, against Kohl and Germany. When yet on Canadian territory, waiting his extradition to Germany, he developed a media-guerrilla offensive against Kohl, the CDU, the entire German politics. He stated to declare, in the very early January 2000, that the main elements of the affair were yet covered, and they would have rapidly emerged. Schreiber declared that he was as cat among rats, and that he had only to choose whom and when to ruin, SDP included, excluded only Greens and PDS. The case provoked in a months, already in the very early January 2000, a lost, according to opinion polls, of 8% (from 46% to 38%) in the German Christian Democrats electoral consensus, while the SPD gained 7% of the electorate, passing to 40%. So, as consequence of the media-judicial campaign, not of banal illegal financing, opinion polls the relation CDU:SPD passed had, in the very early 2000 from 46:33% to 38:40%. The ineptitude to govern, or perceived as such from electors, until then, of the SPD, that been overcome, in the people imaginary, from an international and internal campaign. Kohl suffered the coup, firstly denied, later admitted, was obliged to defend from the abundant shit poured on him. However his reaction was proud, hard, frontal. It was Craxi-style. It was not Andreotti-style: relying on technical defence, apparatuses working, underground manoeuvring, the same collaboration with other judicialist veins. On the other side the accusations against Kohl had been Craxi-style, illegal financing presented as personal ‘corruption’. The anti-Kohl operation saw the co-participation of the emerging new leader of the German CDU, the ambitious Eastern-German Angela Merkel, and of the post 27 September 1998 defeat CDU President Wolfgang Schäuble, who wanted the definite liquidation of the old Germany’s Statesman and CDU leader. The same ‘moraliser’ Wolfgang Schäuble, under pressure from Kohl, admitted an illegal financing from the same Canadian-German arm trader Schreiber. The 11 January 2000 judicialist newspaper La Repubblica, using its usual propagandist language, defined also this episode as “corruption”. So one of the usual politician claiming he/she was the only clean among disgusting ‘corrupted’ people, revealed himself equal to whom he had accused. On 16 February 2000, Schäuble resigned as CDU President and as head of the CDU-CSU MPs. Until them, discharged Kohl for saving himself, he had claimed there was no evidence against him, and that he was just an innocent victim of absurd suspicions. On 10 April 2000, Angela Merkel was elected CDU President, from the CDU Congress. And CDU General Secretary became Ruprecht Polenz, of the same Leftist wing of the party, but coming from Western Germany. The political operation 174 It was objectively such. His information was likely truthful. Its selective and focused providing, with media moralist interpretation and suggestions, made it objectively defamatory. 59 of Merkel was to move the party more toward the Centre, subtracting political space to the FDP (the Liberal Party) but also letting eventually free space, on the right, to nationalist movements. The confirmation that the whole affair was used, for what concerned its German internal aspects, just from the SPD for liquidating the CDU strength, while the operation was, in the foreign intentions, also against SPD fractions, went unequivocally from Schreiber. On 21 February 2000, he continued to insist, from Canada, that the SPD, Defence Minister Rudolf Scharping included, was fully inside the illegal financing mechanisms. In this occasion also Die Welt, and what it represented in Germany, the German ruling class, reacted against the massacre game, alias the nearly generalised destabilisation, against German politics and consequently against the whole Germany. Coherent with the criminal rewriting of the history of all the non-Anglophone countries, on 8 February 2000, also the SPD ex-Chancellor Helmut Schmidt was ‘accused’ of the same illegal financing by which Kohl had been accused. Schmidt was the protagonist of the start of the US and European reaction to the intimidation, or supposed such, against Western Europe represented from the deployment of the Russia SS-20 at the DDR-DBR border, in the 1980. That deployment was possible, in Europe, since the Italian alignment with Germany, would have not verified without the decisive missiles option of the Craxi PSI. However one might evaluate that option and the Soviet block collapse, the missiles option was the strategic defeat of the Soviet block unmasking its de facto incapability to react to economic defy after had been contrasted at military level. However Schmidt was, in the late 1990s, relatively outside the daily political game. So apart from the Anglophone joy for anti-German propaganda, there was no specific interest in targeting him. What evidenced further the political persecution Kohl was suffering. For the same ‘crime’ Kohl was under fire, while Schmidt let free to cure his businesses. In case of a purely legal action, ‘crimes’ would have been the only concern. In a political persecution, persons are the only concern of the apparently judicial action. Since, this reason the action is not really judicial but judicialist. Also in the German case, Jew lobbies showed to have been solidly against the CDU, alias from the Lefts side (the 1990s European taxi-parties of the economicfinancial powers), and consequently from the side of the destabilising operation. When the Assia CDU Administrative ex-Secretary Casimiro von Sayn-Wittgenstein declared that the CDU funds in Liechtenstein came from Jews emigrated from Germany, Paul Spiegel, the President of the Jew Central Council of Germany defined that, on 18 January 2000, as an “infamous slander”. And the Israeli press denounced the “anti-Semitic prejudices” these arguments would have fed.175 Since the apparent craziness (but accepted as reasonable) of the reaction, one may suppose it had the function to cover other things. As in Italy, ethnic minorities and private interests before aligned on the Centre ought to abjure their previous alignment for fully aligning with the new rulers. Otherwise, examining purely rationally the arguing, there was nothing of anti-Semitic in reporting the eventual illegal financing of a party from Jew or Arab (also Arabs are racially Semitic). Also the 19 January 2000 IHT 175 Paolo Valentino, Fondi neri, la Cdu giustizia il «padre» Kohl, [Black funds, the CDU execute its «father» Kohl], Corsera, 19 January 2000. 60 wrote: “Bungled explanations this week attributing some of the money found overseas to contributions by ''Jews'' have further compounded the party's plight and envenomed the atmosphere with accusations of anti-Semitism. The party took the unusual step of apologizing ''to our Jewish compatriots.''”176. Since this international echo attributed to these senseless claims, and the even more nonsense represented from the CDU excuses, the whole episode may be interpreted as clear evidence of the co-interest, of decisive financial lobbies, in the anti-CDU and anti-German campaign. It showed also that the Jew lobbies were very well informed on the terms of the CDU illegal financing, and also on the fact that there was who/which would have been strongly stricken, but also who/which ought to be saved. In this game the CDU was the succumbing party. Otherwise Jew lobbies could not know whether Jew sources had financed the CDU, they would have not cared to call out from the affair publicly abjuring the CDU, and the Jew lobbies and Israeli attack would have been unexplainable. It does not seems an insult177, but eventually only a factual truth or falsehood, whether an interest group had supposedly178 illegally financed a party. Key of the German affair-building from a banal illegal financing was the provocation by media. Apart from a British and Anglophone press pleased in the defamation of German historical enemy, apart from the diffusion of secret judiciary materials, false information was constantly diffused. It was meaningful the 23 January 2000 episode when, for creating panic, the false news that Kohl wanted to do the names of the CDU secret financiers was diffused. That this kind of campaign progress, when launched, with the apparent dynamic of self-propelling machine, although information and defamation be carefully oriented, was showed from the inclusion of France, the Euro new space number-2 country, in this international attack on politics illegal financing, ‘bribing’, ‘corruption’. The defamation by press involved directly the French Socialists, specifically the French ex-President Mitterand, in the affair.179 That by Elf French and foreign politics was financed could not astonish anybody. And it seemed perfectly legitimate that, eventually also from French fraction, illegal financing could be delivered to foreign fractions judged, in a specific moment, less incompatible with French interests, or French fractions interests. However it is interesting, from the custom-cultural point of view, to underline how the same Statesmen (and also their supportive ordinary people and intellectuals instructed from media on what to think), the same Mitterand and Kohl, had been well happy to ‘discover’ in 1992/1993 the horrible ‘corruption’ of an inferior (as latitude) country as Italy, and overall that of Craxi and its Liberal Centre allied, now discovered (or were discovered/unmasked) as affected from the same ‘corruption’. Politics was relatively costly not only in Italy, also in Germany and France, despite their superiority (as latitude), not differently from elsewhere, and illegal financing, and/or ‘corruption’ if one prefers, were quantitatively and qualitatively similar180. 176 Roger Cohen, Kohl Resigns Post After Rebuke by Party Over Scandal, IHT, IE, 19 January 2000. In reality only a xenophobic perception considers a national and/or cultural adjective as insulting. For instance, nobody perceives as insulting the concepts of Catholic finance and Latin finance. 178 A financing from abroad to a current account outside Germany is not necessarily illegal from the side of the financer. It seems more probable it is not. And it seems anyway doubtful that the eventually illegal intentions could be demonstrated. 179 See the Daily Telegraph and the Sunday Times. Paolo Valentino, «Kohl ha deciso di fare i nomi». Ma è un falso, [«Kohl decided to reveal names». But it is a false], Corsera, IE, 24 January 2000. 180 From the rigidly legal point of view there is incomparability among different realities, being crimes created by law. However, it may be supposed the substantial similarity of the politics financing needs. 177 61 Only the Prosecution action and independence/dependence from systemic interest was different. At end March 2000, it was finally public that the STASI knew also the CDU, and Kohl, illegal financing from West Germany companies, including the details on its mechanism and Swiss accounts, already, at least, from 1976. 181 Since relevant STASI archives had been stolen from the USA, and since the USA spied carefully their allied governments, ‘evidence’, certainly not only against Kohl, either against only one political party or fraction, was on the dossiers’ market since a long time. The decision whether to use it, and when, was not a legal choice or duty,. For the Repubblica/l’Espresso group, the ‘Kohl’ affair was occasion for claiming that Europe had been built on bribes. A banal illegal financing became the Kohl system. Mitterand became an amoral chap who allied with the ‘unprejudiced’ Kohl. Following known patterns, ‘experts’ were quoted for stating that the CDU had always been an artificial party, fed by ‘corruption’ and that its role exhausted in 1989.182 They were the same claims on the Italian DC and PSI, in the moment foreign and internal powers had decided to destroy them, without electors could ever allowed to decide, after that in 1992 they had confirmed them, whether they wanted them anymore. The 1999 European elections had confirmed the EPP as the first European party, and the first one both in Germany and Italy. . For the 5 January 2000 Senator, and ex-Prosecutor, Senator Di Pietro, a specialist and practitioner in political-institutional destabilisation, the German operation, apparently started as operation against Kohl, was a photocopy of the operation started in 1992 in Italy. Since the differences with the 1992 starts were substantive, the Di Pietro individuation of “«practically a photocopy»” 183 concerned evidently the substance of the operation pointing to the destabilisation of a system for substantially weakening it. It was not know whether Di Pietro had some reserved information on agencies having, hypothetically, used the same operational patterns in both cases. Di Pietro released an interview on the ‘Kohl’ case, appeared on the 28 March 2000 Süddeutsche Zeitung, Monaco, Bavaria, Germany. After having described the ‘criminal’ activity of Craxi, the illegal financing of the OLP, socialist parties and liberation movements around the world, Eastern Europe dissidents, etc. by the International Bank of Luxemburg, after having noticed the substantial identity of financial networks, whatever the country, for party illegal (or supposedly illegal) financing, and after having expressed his usual philosophy on political corruption (good hotels, big autos, and good life: exactly the accusation of the Brescia PO against Di Pietro, judicially but not factually ‘innocent’ – Di Pietro was more interesting as psychological case, but individual psychology is outside the question of the present research), Di Pietro arrived at the key point of the interview. It was the 181 Andrea Tarquini, Tangenti alla CDU. la Stasi sapeva tutto, [Bribes to the CDU. The Stasi knew everything], Repubblica, IE, 29 March 2000; Scandalo Cdu. Gli 007 della Ddr sapevano da anni, [CDU scandal. It was years that the DDR 007s knew], Stampa, IE, 29 March 2000. 182 Wlodek Goldkorn and Stefano Vastano, Mazzette d'Europa, [Europe’s bribes], Espresso, IE, 3 February 2000. 183 Per Di Pietro una Germania fotocopia d’Italia. «Sulla corruzione eventi come da noi nel ’92», [For Di Pietro a Germany photocopy of Italy. «On corruption events as by us in 1992»], Corsera, IE, 6 January 2000. 62 connection, he perhaps reservedly knew would have been judicially created, among Berlusconi, Kirch and Kohl. Di Pietro introduced the revelation – objectively a Di Pietro-Süddeutsche Zeitung (with what both represented) revelation since the relevance given also internationally to the interview – with the usual complaining on Berlusconi. Berlusconi was for him the personification of the conflict of interests (which Di Pietro did not feel relatively to himself, as profiteer of the destabilisation he had started and led), since supposed ‘his’ media, with the, for DI Pietro, risk of modern form of dictatorship (concept means nothing by itself, and anyway a ‘modern form of dictatorship’ was the same Di Pietro aspiration – again Di Pietro was more interesting as psychological case –, what is a denigration neither relatively to Di Pietro nor to anybody else: dictatorship with people vote and support was and is in the best tradition and practice, for example, of Liberal countries). It was the usual judicialist deadly war against national and/or modernising political leaders, spiced but the Süddeutsche Zeitung sorrow for the Andreotti acquittal cooked in the Di Pietro judicialist philosophy both the point and on politics. Di Pietro declared that there was not yet any knowledge of direct [implicitly: criminal, for Di Pietro] connection among the three personages184. However, for Di Pietro, the connection among Berlusconi, Kirch and Kohl was the key link for understanding the connections between politics and businesses in Germany185. For Di Pietro it would have been necessary to investigate this connection. He reserved a rhetorical ‘perhaps’ [‘vielleicht’] only for his conviction that investigating on this connection would have permitted to better define the thing186.187 A specialist in building the needed ‘evidence’, and also in letting sleeping and/or well covered the one needed to be suppress, Di Pietro knew that to choose a vein (Berlusconi-Kirch-Kohl assimilated in some world conspiracy) permitted to avoid other ones eventually not in the interest of the judicialist campaign one was leading, and that, investigating on a business and political connection, it was possible to built whatever case one wanted to offer to the popular fantasy for destroying judicially and propagandistically the chosen targets. Kirch and FininvestMediaset had been in business connection. Kohl and Berlusconi had been in political connection, since the common belonging to the EPP. If one wanted to strike the EPP (or also a German-Italian axis), and specifically its liberal and modernising part, to focus, Milan PO-style, an investigation on the three personages indicated from Di Pietro would have permitted to dissolve German and Italian key national and modernising components, whatever the final judicial outcome of the judicialist campaign. As in his 1992/1993 pogrom and 1994 campaign, Di Pietro was interested essentially in political theorems, and in the moment French ‘crimes’ were emerging in connection with the German ‘ones’. In practice Di Pietro and the Süddeutsche Zeitung were telling that is was of no interest to inquire the specific French ‘crimes’ were emerging, while it was indispensable does not forget who the enemies were: Kohl and Berlusconi, the Andreotti acquittals had made even more urgent to continue to keep under fire, for avoiding all Italian and European politics reconstruction. “«Noch sind direkte Zusammenhänge nicht bekannt.»” “«Aber die Verbindung Berlusconi-Kirch-Kohl it ein fundamentales Gelenk, um die Zusammenhänge zwischen Politik and Geschäften.»” 186 “«Ein Gelenk, das näher untersucht werden muss: Die Ermittlungen werden vielleicht noch genauer herausbringen, wie die Dinge wirklich stehen.»” 187 “Die Verbindung Berlusconi-Kirch-Kohl muss untersucht werden”, Süddeutsche Zeitung, IE, 28 March 2000. 184 185 63 For the February 2000 philosopher and liberal MP Lucio Colletti, clearly referring also the destabilisation in Germany, the judiciary incursions testified the weakening of politics, which permitted to be, eventually exogenously, easily conditioned. For him the attempt to bring politics under morale was a failure. For Colletti, politics ought to be autonomous and obeying only to the law power increase. For him politics was power will. What was, without any hypocrisy, a normal Hobbesian vision. The Kohl case had also class precise roots in the inaptitude of the Kohl governments, not less than the ‘red’-green government, in front of the modernisation. Entrepreneurs, after years of requests to a perceived as deaf Kohl government, which reacted with indifference to enterprise needs, simply preferred to transfer part of their activities elsewhere, for example in Ireland where the environmental conditions were considerably better. Similarly there had been entrepreneurs who in front of a Luddist local administration in Bavaria, which refused industrialisation, moved to Switzerland were costs were lower and the environmental conditions better. Germany, as Italy, was not liked from foreign direct investors, who preferred the UK, Ireland, Spain, India. The German government, and local governments, had bureaucracies had the power to obstruct modernisation, but they had no power to hamper that wealth and wealth production moved elsewhere. For the March 2000 FAZ director Joachim Fest, consequence of ‘scandals’, in Germany, was that politics attracted just adventurers. In addition, if politics did not show concern on modernisation, entrepreneur did not interest in politics.188 And, as the 1990s Italian experience unequivocally showed, for strong interests it was easier and cheaper to buy and submit adventurers. The same advantage there was not for the country as a whole. The Schröder’s judiciary option to political power consolidation As in the Italian case, also in the 1999/2000 Germany, internal forces, more accepted (also from international interests) than the stricken ones, accepted to play the judiciary option against other political fractions. In the person of the then SPD PM Gerhard Schröder the judicialist symptoms were fully present. They were in substance the support to a selective attack (despite the generalisation of the stricken phenomenon) well focused on his political adversaries transformed in enemies, and the acceptation of, and profit from, the method of the authoritarian containment of these adversaries-enemies. The judicial option against internal-to-the-SPD PM Schröder objective enemies had been already used for liquidation the SPD Secretary and Schröder minister Oskar Lafontaine. In this way the dualism between the liberal-democratic and socialdemocratic lines inside the SPD and government had been solved, against all electors will, after the 27 September 1998 elections, in favour of the former. While the STASI dossiers, the USA had stolen, continued to remain under US control, using STASI dossiers rumours Lafontaine was induced, in March 1999, to abandon suddenly government, Parliament and all political engagement. Lafontaine had been a partisan, at the beginning of the 1980s of a proposal of German unification by its disarmament and neutralisation. The episode may be evaluated in different ways. Lafontaine was 188 Marina Valensise, Per Fest la globalizzazione sta soppiantando la politica. Snobbata dalle nuove elite, tenta ormai solo i demagoghi, [For Fest globalisation is replacing politics. Disdained from the new elites, it attracts just demagogues], Foglio, 31 March 2000, p. 2. 64 liquidated since his present role, not since his past ideas and actions. The German control of the STASI dossiers, instead of their US eventual utilisation, would have permitted in that case, as in the case of the German illegal financing, that German people, not foreign centres of interests, decided on their politicians. The SPD electors knew Lafontaine when they had voted, just 5/6 months before, more since his presence that since the Schröder one. It was evident Schröder was pushed from forces outside all formal-democratic control. The episode had some procedural similarities with the replacement of Prodi from D’Alema, verified in the same period. People, just a 35%, had voted Prodi as implicit PM. Without any electors’ vote, and since USNATO interests relative to the aggression against Belgrade, on 21 October 1998 D’Alema replaced Prodi. In Germany there was already in the moment of the 27 September 1998 elections the dualism between the formal candidate PM Schröder, and a Lafontaine destined to control tightly him or to be the hidden real PM, and this dualism was approved from the electors. The dualism was solved outside people vote by a simple liquidation. Lafontaine was not even politically liquidated inside the SPD. A dirty and hidden dossier war (with the dossier controlled and eventually manipulated from the USA) threatened and dismissed him, at Schröder benefit. The judicialist liquidation of Lafontaine, who avoided a long fight accepting the liquidation eventually waiting for him better times, coincides temporally with the start of the dossiers war, but now with long defamation and assault against an irreducible Kohl. Liquidate the main Schröder revival on his Lefts, in March 1999, in April 1999 the operation against Kohl, the political giant occupying the same political space wanted to occupy an uncertain Schröder, started, equally with Schröder full judicialist and anti-national attitude. The pretext for defaming the German recent history were a few, or a few tens, billion liras of illegal financing, by which one wanted to justify the destruction of the CDU, or at least of the Kohl CDU. The PM Schröder judicialist arguing expressed indifferently on internal and international affairs. Schröder reaffirmed, for example, on 9 February 2000, his full adhesion to hardliner judicialist positions stating that State, either despite or thanks to the CDU judicially-induced crisis, was working everyday better. And he defined as State, in the order, media, POs, and federal government. It was the apotheosis of the judicial way. Media were synonym of the economic interests baking them and the judicialist strikes. POs were synonyms of some Prosecutors accepted to be oriented from powers and political interests. Federal government were the same Schröder. This was his conception of State, and of Germany On 17 February 2000, a Schröder perhaps overexcited from the apparent progressing of the German judicialist way to power consolidation declared that if, in Italy, ‘Fascists’ had acceded government, the EU would have intervened (it was not clear whether by bombardments, terrorism, or other ways). The reply of the Italian Lefts-Right government was, naturally, non-existent. A pleased then-PM D’Alema suggested that the dangerous Italian ‘Fascists’ were represented from a suddenly, for D’Alema, ‘anti-European’ LN had just refused to fully submit to the same D’Alema who had for years courted it. For D’Alema only who had policies aligned with international powers was conform to a metaphysical ‘Europe’ and guarantor of what he called Italy’s ‘accountability’, alias silent submission. A President Ciampi with difficulties to be a real Statesman in front of Germany, overall when Germany had evidently an adventurer as PM, replied that in Italy there were not Fascists. A real 65 Statesman would have rejected all interference and promoted the immediate coldness with such foreign adventurers. Actually they there were Fascists, also in the LeftsRights D’Alema Parliamentary uncertain majority [or non-minority, depending on days]. Although it was not Schröder business to decide who would have governed Italy. Coherent with the interests represented from the pro Jew and international finance newspaper Repubblica on which he wrote, Bocca, a revolutionary Fascist until 1943, remembered that contemporary Italian ‘Fascism’ was less subversive than the Berlusconi liberal Centre was. It was true if one positively correlated ‘subversivism’ with capability to defend national interests. If the Lefts or Left-centre was well happy also for this further interference, it was charge of the Liberal Centre to reject it. Berlusconi spoke of unacceptable interference in Italian questions, and serious injury to the sovereignty principle. Fini underlined the ridiculous and irresponsible character of the Schröder assertions, while Casini, more formal, asked the President Ciampi intervention. Cossiga invited Schröder to limit to put his nose in his fatherland business. The Schröder Germany was characterised, the months after the Schröder xenophobic declarations and initiatives from growing violence against foreigners, with benevolent attitude of the Schröder government evidently had no interest to block them. The judicial way to power or to power reinforcement could not produce, in the continental Europe specific contexts, better formal rulers than the Schröders and company. Schröder had actually fear that, in Germany, the National Right could cover the space had been let free from the judicialist strikes against the CDU Centre, making so vain the judicialist offensive. Consequently he theorised a kind of international Clan defining that only the anti-national and anti-EU Lefts would have been allowed to be in office. In fact as reply to the disputing on the Schröder verbal abuses, his deputy-Minister, responsible for the relationship with media, remembered that ‘Europe’ was, for him, made of values. Ethical State is also good excuse for affirming personal and partisan interests.189 A normal State is founded on collective services could not better provided otherwise. Although anyway the values Schröder was advancing were xenophobia and cultural intolerance at service of partisan interests, as already showed against Austria after the SPÖ was dismissed from the Austrian government, and also internally, in Germany, pushing xenophobic terrorism against foreigners by provocateurs in reality outside nationalist parties had no interest to self-discredit. Consequently after having weakened the CDU and opened political space at his right, the Schröder government tried, to discredit the Nationalist parties using provocation against them. It was a full range judicialism, firstly against the Left of the SPD, later against the Kohl CDU, and finally, by underground provocation, against National Right parties. All that had the function to exalt the centrality of the same Schröder, Schröder could not evidently achieve politically. It was not the behaviour of a Statist the Schröder discrimination against Kohl in occasion of the 3 October 2000 Dresden celebration for the 10th anniversary of the German unification. There were a 189 Paolo Franchi, Il politicamente scorretto, [The politically incorrect], Corsera, IE, 18 February 2000; Gianluca Luzi, Tempesta su Schröder, [Storm on Schröder], Repubblica, IE, 18 February 2000; Giorgio Bocca, Fantasmi e nuove ossessioni, [Phantoms and new obsessions], Repubblica, IE, 18 February 2000; Il Polo insorge: accusa inaccettabile, [The Pole upsurges: unacceptable accusation], Repubblica, IE, 18 February 2000; Ma Berlino insiste. "Haider vi contagia", [But Berlin insists. "Haider infects you"], Repubblica, IE, 18 February 2000. 66 Schröder had been against and had voted against the German unification, and the French President Chirac and the US State Secretary Albright. But there was not Kohl, the real and unique protagonist of the unification. The attempted reduction of French politics to criminal question The French judicialism was extremely more insidious for the French institutions than the German ‘Kohl’ affair. Not only the French State was traditionally weaker than the German one, but also it was the same nature of the judicialist pressure there was in France to make it more real and deep. In France, illegal financing inquiries were fragmented, used from different political fractions, in different places at different levels, against other political fractions. They exploited, but also reinforced, the pressure coming from important and nationally organised fractions of magistracy for magistracy ‘independence’ and ‘autonomy’, alias for fully becoming autonomous corporation and independent from all formal-democratic and State control. In such conditions it is relatively easy for Prosecutors and Examining Magistrates acquiring popularity discrediting a weak politics, exploiting their social prestige for conditioning the whole magistracy and imposing their constitution in corporation to irresponsible institutions, if they really accept to act irresponsibly. Media-judiciary circuits are the ingredients, while the subordination of clans of Prosecutors and Examining Magistrates to the one or the other power the substance. In the French dynamics there were successes and failures, for the militant magistracy action. If the use of the one or the other Prosecutor and/or Examining Magistrate for inter-party and intra-party struggle may be relatively physiologic to all contemporary State, direct strikes to institutions are serious pathologies. Such is the judicial dismissal of a Minister for unproved ‘crimes’, and with media-judicial campaign furiously, and illegally since the illegal diffusion of secret judicial material, launched for mounting cases nearly on nothing (from a legal point of view), and suddenly made quiet, even without any apparent progress of the investigation, when the target liquidation was achieved. It was the case of the media-judicial dismissal, in November 1999, of the French Economy Minister Strauss-Kahn, in temporal and factual connection with the quarrelling between Anglophone world and continental Europe on the world trade. Strauss-Kahn was strong French and European Statesman in front of the USA pretence to impose their private needs also to France and Europe. Alias, his liquidation was interest of the USA and of the indigenous political-financial interests connected with them, of which the Prosecutors and Examining Magistrates objectively submitted. If really the enormous frauds seemed to have been perpetrated decades before from Strauss-Kahn vanished just be resigned from Minister, the Prosecutors triggered the action and the defamation either might have been inept or bought, or also both, what anyway could be measured only when the running events had been exhausted. Also in case of guiltiness of the ‘suspect’, the media defamation realised from the Prosecutors would remain as the judicial liquidation of a Minister for responsibilities totally unconnected with his ministerial action. For the Herald Tribune commentator John Vincour, the Strauss-Kahn resignation demonstrated that in France a revolution was running and that an independent justice 67 had formed. For Vincour, the judge power had self-constituted in France, and it, divorced from politics, represented the tutor of free market and the symbol of modernity in France. Alias, the French anti- Strauss-Kahn magistracy represented the revolutionary power aligned on the US side, consequently from the right side, for their struggle for conquering the world markets. Naturally Vincour exalted also the key role of the press, which for him was ‘judges’ vector in the Strauss-Kahn case. It is meaningful the definition of the Prosecutors and/or Examining Magistrates as ‘judges’. In the judicialist imaginary there are special commissions liquidating the targets need to be liquidated, with the irrelevance of the violation of their legal guarantees, of the legal procedures and of their later legal innocence or guiltiness: their interest is the result, not as it is achieved. Finally, Vincour, self-designed speaker of the French people, stated that the anti- Strauss-Kahn magistracy action permitted to conserve the French electors trust in French democracy, and the foreign partners trust in the French market.190 Alias, the satisfaction of the US penetration in a market was what made ‘democratic’ the relative country. Either the Herald Tribune commentator was raving, or the November 1999 Strauss-Kahn liquidation was strongly wished from the USA. Alias it was not a banal and casual judicial case. As in Italy, these essays of judicialist campaigns were both at political-institutional and economic personnel level. On Friday 28 April 2000, the Paris Examining Magistrate Jean-Pierre Zanpto informed the Governor of the Bank of France Trichet of the imminent emission of a GW against him for stories relative to the Crédit Lyonnais, in 1992/1993, when Trichet were Director of the Treasury Ministry. In September 1993 he became Governor of the Bank of France. The magistracy inquiry on him was relative to the crime of false budged. Trichet was reputed candidate as Governor of the ECB in 2002. He was a liberal and partisan of a strong French Franc and, later, of a strong Euro.191 If the judicialist climate imposes, and in France there were relevant symptoms in this direction, by these simple actions it is possible to put under blackmail whatever institution and to manoeuvrer the access, or to ban, whoever from State positions. One reduces easily to the conditions of the Scalfaro Presidency, when militant magistracy, had co-participate to the selections of governments as of all accession to State high position, if not necessarily actively giving agreements, certainly negatively giving nulla osta192. In France there was, at certain politico-institutional levels, the consciousness of the inevitable developments, if judicialism had not been obstructed. In different occasions, for example, on 21 November 1999, the French nationalist Socialist Interior Minister Jean-Pierre Chevènement had underlined that magistrates and/or other investigators had defamed by an accomplice press a Minister (the reference was to Strauss-Kahn) illegally diffusing secret investigative information. In addition, for Sotto l’occhio compiaciuto dell’amico americano nuove spinte per un’Europa giustizialista. Perché?, [Under the pleased eye of the American friend new pushes for a judicialist Europe. Why?], Foglio, 5 November 1999. 191 La magistratura bracca Trichet, il miglior grand commis rimasto a Parigi, [Magistracy hunts Trichet, the best grand commis remained in Paris], Foglio, 3 May 2000. 192 No obstacle, a kind of stamp that there was no intention to oppose [judicial, in this case] obstacles to the designation. 190 68 him, if the French Prosecutors had become independent from government, they would have become led from lobbies, ideologies, corporatism.193 On the contrary militant magistrates, showing having a real personal interest in the matter, were desperately pressing for a Constitutional reform would have permitted the magistracy constitution in independent power and let Prosecutors free from all political control and orientation. Not casually the slogan of the French magistracy was to do as in Italy. French militant magistrates emphasised as they would have wanted to define criminal policies and campaigns as, for them, Italy’s magistrates had done, and, as in Italy, the wanted to be free to organise in Pools and in clans. And exactly as in Italy and among the international protectors of Italy’s militant magistrates, the French magistrates and their supporters used the theory that French politics had let emptiness, French magistracy had been obliged to fill, developing its substitution role. It was the usual and weird argument of all the planned subversion: ‘we are obliged to substitute an absent politics’, a typical coup d’État justification. There was from French militant magistrates the same Italian-judicialist hope of a European and world legal space would have liquidated the residual government powers on Justice (where yet there were: it was not the Italian case), and the same claims on their citizens direct legitimacy for some divine reason militant magistrates supposed to enjoy, while actually citizens voted politicians and not magistrates. It was the mechanism of substitution of formal-democracy by media-created demagogy: untested advertising would have replaced the one tested by people vote. The 1999 strikes both to the majority and to the opposition seemed to point to get, by the militant magistracy blackmail on politics, the 3/5 of the Congress (the two Chambers’ joint meeting) for that kind of Constitutional reform.194 That magistrates clans were acting for flattering, and intimidating at the same time, both the Left and the Right, by crossing strikes, was showed by the strong personal action of Jospin and Chirac for the reform magistrates wanted. Fortunately for the French institutions stability, the Jospin and Chirac commitment was not sufficient. 1990s French leaders had certainly familiarity with the use of judicialist techniques relatively to other countries. On 3 May 2000, the French President Chirac announced his intention of an Austria-case-style Francophone xenophobic and slander campaign if in Italy the Berlusconi front had won the general elections scheduled for winter/spring 2001. The Chirac opposition to the LN derived from the traditional French chauvinism against Britain, Corsica, Basque Countries, and Savoy. But, more relevant, there was again the fear of a stronger Italy in the moment the judicialist destabilisation developed with foreign support had miserably failed. In fact no open attack to the LN was echoed when until it had remained submitted to the Leftsjudicialist needs.195 The use of judicialist technique in international relations however does not explain the inclination of Chirac and Jospin to capitulate in front of the Sotto l’occhio compiaciuto dell’amico americano nuove spinte per un’Europa giustizialista. Perché?, [Under the pleased eye of the American friend new pushes for a judicialist Europe. Why?], Foglio, 5 November 1999. 194 Stefano Cingolani, Politici-giudici, il duello che spacca Parigi, [Politicians-judges, the duel breaks Paris], Corsera, IE, 22 November 1999; S.Ci., «In Francia è presto per Mani pulite», [«In France it is early for Clean Hands»], Corsera, IE, 22 November 1999. 195 Giampiero Martinotti, Chirac: “Italia come l’Austria se governassero Polo e Lega”, [Chirac: “Italy as Austria if Pole and League governed”], Repubblica, 10 May 2000; Farnesina, Foglio, 11 May 2000, p. 1; Giampiero Martinotti, Chirac, giallo a Parigi sulla scomunica al Polo, [Chirac, detective story on the Paris excommunication of the Pole], Repubblica, 11 May 2000. 193 69 internal judicialism. There was perhaps the illusion, or the concrete possibility, to orient it by different tools. Anyway, in January 2000, a wise French Parliament sunk the anti-guarantist reform of the French judiciary system, refusing the running Constitutional reform, which would have transformed French magistracy in an independent and irresponsible power. What had failed, in that moment, was the coup for transforming the CSM in autonomous power governing the judges careers, an Italian-style reform. Only some superficial guarantist bill on citizens’ rights, the judicialist block had proposed as mask of the institutional take-over, was approved from the French Parliament. The institutional take-over implicit in the constitution of magistracy in independent and uncontrolled power would have been difficulty reversible, while, as the Italian experience (but also the media-judicial defamation in France) had showed, when magistracy is independent and uncontrolled no Parliament law on citizens legal guarantees conserves any validity. The French Parliament refusal to submit to the Jospin and Chirac intention to please judicialist magistracy diffused an hysterical climate in the political centres of judicialism. The leftist Magistrates Syndicate (SM) had denounced that French Justice were going back of 50 year in terms of judiciary independence.196 What was the further confirmation that the point was exactly the possibility of different clans to use the judiciary function against State and society, with State and citizens funds and apparatuses. Just the French Parliament stopped the Constitutional reform towards the judicialist take-over, a case of usual party illegal financing involving Gaullists, Liberals, Socialists and Communists was triggered in Paris. The usual technique of concurrency suppression with relative small percentages to politics was hypothesised from magistracy, accusing politics of ‘corruption’.197 It was a small and hungry revenge, however showed what could have taken place at service of whatever strong private interests if the French politics had abdicated to its supremacy on magistracy. For the December 1999 French jurist Robert Badinter, in the main Western European countries power had passed from politics to other powers under the form of national and supranational assumption of power from magistracy. For him, the mediajudiciary circuit was the expropriation of the citizen power. In fact, for him, CSMs autonomously governing magistracy were the magistracy autonomy from Justice Ministries, alias from all democratic control.198 The process was more general, also if it had nothing of irresistible and, in last analysis, systemic marks and trends characterised the magistracy specific utilisation, which certainly not, also in the Western history, a new phenomenon. In Israel, a militant and warrior State, in the moment of its crisis in front of the Palestinian question had used both Kennedy-style killing of its leader and judicial liquidations of doves. When the peace solutions progressed, the pro-appeasement leaders (when not 196 Così finisce, senza rimpianti e tra gli imbarazzi, la riforma giustizialista della Giustizia, [In this way, without regrets and among embarrassments, the judicialist reform of Justice finishes], Foglio, 20 January 2000; Cécile Prieur, Réforme de la justice : le gouvernement veut sauver les meubles, Monde, IE, 20 January 2000; Jacqueline Coignard, Réforme Guigou: diagnostic après amputation, Libération, IE, 20 January 2000. 197 Parigi, un’inchiesta su molti miliardi divisi equamente tra i partiti, [Paris, an inquiry on many milliards equitably shared among parties], Foglio, 28 January 2000, p. 1. 198 Stefano Cingolani, «Così i politici hanno perso il potere», [«In this way politicians lost power»], Corsera, 23 December 1999. 70 directly eliminated as Rabin) started to be object of media-police-judicial campaigns. For example, it was sufficient the Israeli President Ezer Weizman declared, at the end of 1999, that he was decisively in favour of the peace with Syria, because, a week later, the very early January 2000, the usual Swiss account suddenly was used for opening a defamation campaign against him, and finally obliging him to resign. 199 He suddenly became a ‘corrupt’ despite the media campaign against him was led by undemonstrated, and also indemonstrable, claims.200 Also in Israel politically parties cost and they were financed from various kind of private supporters, whatever the party and whoever the politician. What is not necessarily corruption. Just Weizman resigned, at mid-2000, the campaign suddenly arrested. The same aggressions were used against Israeli PMs in the same phase of the appeasement with Palestinians and with the surrounding Arab world. However, in Israeli, these campaigns were under tight control of State apparatuses, what is different from judicialism, which is more a form of State dissolution than a simple fractional struggle overflowing outside the secrecy of the power palaces. Gian Carlo Caselli, the Palermo ex-Chief Prosecutor passed to the prisons system direction, commented the German and French judicialist strikes with the usual disconnected logic characterised his daily interventions. He claimed, on the 18 January 2000 La Repubblica, that since there were politicians under investigation also in Germany and France, the argument of the protagonism of certain magistrates, relatively to the persecution of some inquired politicians, might not be used. It was the ‘logic’ of the self-absolution of the Italian judicialism (and also of the foreign ones) only because in some way it was replicating elsewhere. For Caselli the German and French episodes meant that there was the pressing need of judiciary control on politics and State, need was, for Caselli, common to the entire Europe.201 It was as to State that since there were crimes in different counties, this demonstrated crimes were good and necessary. It is certainly possible to claim, also without justification, the necessity of judges (why not of bakers, or professors, or unemployed?) dictatorship. However the claiming that the verifying of some facts demonstrated the goodness and/or necessity of their becoming chronic was senseless. In fact Caselli did not explain on what was founded the supposed right of the formally-democratically uncontrolled magistracy, Caselli dreamt, to control, in continental Europe, State and society. Caselli limited to assert that since some magistrates of some European States were striking politicians, this gave them, and to other their colleagues representing the same interests, the divine right to transform themselves also more in formallydemocratically uncontrolled power controlling the entire continental Europe in a kind of judicialist European dictatorship. This ‘superior’ caste showed in reality, in Italy, absolutely inept to assure the efficient work both of the judiciary and of the prisons systems it managed. It guaranteed only wastes, corruption and abuses of citizens rights, it used as excuses fro pressing for further personnel and financing, without any benefit anytime they were accorded. If these Caselli assertions had been individual pure deliria, as they logically were, La Repubblica would not have published them. If La Repubblica continued to publish these deliria, it was because they were functional to the financial powers financed La Repubblica and La Repubblica politically 199 e.f., Weizman sotto accusa, [Weizman under accusation], Repubblica, IE, 5 January 1999. Guido Olimpio, Weizman nei guai: «Non mi dimetto», [Weizman in troubles: «I do not resign»], Corsera, IE, 21 January 2000. 201 Gian Carlo Caselli, Per una sicurezza senza emergenza, [For a security without emergency], Repubblica, IE, 18 January 2000. 200 71 represented. They were the same economic-financial powers, and/or also stronger foreign States, had interest in the political dissolution in Germany and France, as well in the in-part-realised Italian one, for submitting politics and State apparatuses, as already done for large part of militant Prosecutors202, to their private interests. The ideological covers of the Anglophone espionage: the ‘transparency’ campaigners203 The literature on the subject is wide, and mentioned, referred and discussed in different points of this work. Nevertheless Un paese anormale. Come la classe politica ha perso l’occasione di Mani Pulite, [An abnormal country. How the political class lost the Clean Hands opportunity], this end-1990s work of Donatella della Porta and Alberto Vannucci, two Italian academic campaigners on ‘corruption’ and ‘anticorruption’, obscurity and ‘transparency’, markets to make perfect by ProsecutorsGods dictatorships, and so on, and since that enjoying international diffusion in English language, is a very good collection of sophisms on the subject, where real analysis there is not and the offered solutions are worthless. The very good collection of interesting points, as of stereotypes and stereotyped solutions, the 1999 work of della Porta and Vannucci represents, is emblematic already in the title. It informs the reader that in Italy there was an entity called, or selfcalled, Clean Hands, alias the absolute goodness, that what it did was an opportunity, and that the political class lost that suddenly appeared opportunity. Alias, Di Pietro and his political purge unit were the opportunity and an undefined political class lost this opportunity. The theory of the lost opportunities is congenitally a mystification. One could state that the post-WW2 USA lost the opportunity of McCarthyism, the 1950s Russia that of the glorious Stalinian purges, China that of the Cultural Revolution, Italy that of Fascism, Germany that of Nazism, the 1938/1939 France that of allying with Germany and together unifying Europe until Urals, and so on. Opportunities there are in everything. However, since all human event has some deep cause, despite the randomness of details and of concrete courses, the theory of the lost opportunities becomes a deceitful way for stigmatising reality instead of explaining, and/or changing, it. In the della Porta-Vannucci game there is the absolute goodness of subversive Prosecutors versus the absolute badness of now aggressed now apparently friendly but not totally Prosecutors-subordinated politicians. It is their vision of how, and from whom, Italy would be governed. All this, this oddness (an offer coming from somewhere to a political class which refuses it, and judiciary bureaucrats should govern instead of formally-democratically elected Statesmen/women), made Italy an abnormal country, for the two authors. What supposes some normality assumed as reference. Actually no power supported 202 It is legitimate to suppose single cases of personal fanaticism or other pathology. However militant Prosecutors were well connected in political and interest clans, and, everywhere somebody tried to inquiry, their material corruption emerged as norm, not as exception. A plurality of techniques, also formally legal, was used for bribing Prosecutors, or simply for benefiting Prosecutor ‘casually’ persecuted the ‘right people’. However the phenomenon was not limited to judicialist Prosecutors and magistrates, and it was not specifically continental European. 203 (della Porta 1999). 72 this kind of theories and practices relatively to Italy was governed from Prosecutors, and neither fed ‘independent’ Prosecutors for making them ruling instead of formallydemocratically elected rulers. So the concept of normality was further deception. Italy was abnormal because object of Prosecutors apparently-led authoritarian course, and wasn’t such, as della Porta-Vannucci suggested, since the reaction and refusal of the apparently Prosecutors’ full dictatorship there was also inside the centreLeft-Lefts. An abnormal country, the main title, was also a subtle polemic against the PDS leader and Italian PM (1998-2000) D’Alema (mistrusted from the judicialist clans, contrarily to the good pupils Prodi and Veltroni) who continuously used, also as narrative device, the expression ‘a normal country’ followed from what for him would have done a normal country. The deep anxiety D’Alema created in the judicialist front was his post-1995 approach to militant magistracy. For him, in a normal country (after dissolved manu militari the CAF and contributed to the Berlusconi removal from office and the making clear that, Scalfaro President, Berlusconi would have never become PM), militant magistracy as revolutionary-subversive force had exhausted its function and it was indispensable it totally submitted to the D’AlemaPDS needs and will, instead of limiting to co-operate with it in position of supremacy. All the judicialist claims on the legality control function of militant magistracy were one of the explicit forms of request of the Prosecutors dictatorship. In no well-ordered and well-run country magistracy is legality controller. Legality control is function of government and government-submitted Prosecutors. Magistracy function is just judging suspect lawbreakers, not of controlling citizens, politicians and Statesmen/women. A legality controller magistracy becomes embodiment of the judiciary function, of the executive power, and in part also of the legislative function: it was what clamorously verified in the 1990s Italy, but its roots were already in 1980s and 1970s running processes and in political-institutional responsibilities. Consequently, to claim that, at the end of the 1990s, Italy had lost an historical opportunity and continued to be abnormal was the assumption that normality was the hard-liner judicialism, of which the two academicians were intellectual supporters, even against all D’Alema-PDS relative flexibility and/or political realism. One cannot really say that D’Alema defended the priority of politics and of State against the judicialist abuse, but he certainly affirmed the tight submission of the judicialist abuse to his politics and his ruling. In fact della Porta-Vannucci repeat the usual rhetoric on magistracy as autonomous power [but paid, overpaid and extra-paid by citizens money] with some divine right for acting as censor of politics. della Porta-Vannucci even declared the indispensability of laws creating the crime of illegal financing, and the relative power of penal magistracy of pursuing it, as pretext for permitting the Prosecutors repression of these ‘crimes’ (but not any more crimes when Law depenalise them, as della Porta-Vannucci lamented had verified in the late 1990s Italy), and, consequently, their control on Italian politics. In practice, della PortaVannucci tried to argue the indispensability of laws permitting some [surely fromsomewhere well supported] judicialist Prosecutors to keep the Italian politics in condition of permanent blackmail. On the contrary, the 1996-2001 Parliament, despite it was controlled from the Leftist minority, was de facto more in harmony with Italian citizens become resilient to the militant magistracy pretences and disgusted from the climate of persecution created from every day more [self-]discredited, and also very costly for the Stat budget, militant Prosecutors. 73 I have already argued, in a previous paragraph, as the claims on ‘honesty’ and ‘transparency’ were functional to the deception implicit in the refusal to reason in terms of efficiency. Efficiency implies the concern for results. On the contrary honesty and transparency are only worthless categories from the point of view of results. If results imply a pragmatic vision of reality, and specifically, here, citizensatisfaction orientation, honesty and transparency, as other apparently ethical claims, are functional to some genre of Ethic State and/or, more probably, to some kind of deception founded on apparently sounding and undiscussible categories. Ethic State is the vision that State is not a functional entity, but it pursues one or more absolute values. It is the foundation, or just the mask, of all authoritarianism and of certain totalitarian anxieties. It was for example the para-religious vision of some of the main Jacobean leaders, vision finally finished submerged from the people laughs. However it is a kind of approach widely diffused and with different results, in all cultural frame, for instance from militant Statism to militant liberalism, also if it is an attitude antagonist to all liberal, and overall libertarian, vision and practice. Ethical State is anyway opposite to functional State, a laic vision, where State limits to provide the services it can better provide at the best condition. Behind ‘transparency’ and ‘honesty’, instead of citizen-satisfaction, it is easy to justify all crusade, included the negation of transparency in name of the fight for transparency, and all dishonesty in the name of the fight for honesty. Behind all moralism there is a rooted immorality. If a bureaucratic procedure has one hundred of useless passages, they may be absolutely transparent but they aren’t, since that, less inefficient and wasteful. Millions of useless bureaucrats may be, theoretically, absolutely honest, but they aren’t, since that, less fraudulent, as a whole, for citizens. Anyway, apart from their fraudulent nature and consequences, the judicialist campaigns of the 1990s Italy had no ‘transparency’ (and overall no defence possibility for many abused citizens), and no ‘honesty’ from the side of their active protagonists (inside the POs all transaction, of all kind, took place outside any control). However these points, both the methodological and the practical ones, remained outside the della Porta and Vannucci arguing. They prefer mythology: some magistrates-Gods, acting as uncontrolled censors of politics. What practically had meant uncontrolled magistrates-adventurers on hire on the subversion and private interests’ market. They invent the magistracy independence (in reality the full independence of some magistrates from formallydemocratic control and submission) as Italian virtue instead of Italian abnormity. And they spice the invention with a sounding historical false: the Italian magistracy independence as antidote to its having being, for della Porta-Vannucci, Fascisms longa manu. Actually the Mussolini governments, which were liberal government with liberal Statesmen, were so respectful of the Italian liberal magistracy that Special Courts were created for political repression. It was 1970s-1990s judicialist magistracy achievement to have submitted magistracy to political repression needs. Mythology as careful deception is evident from the first pages of their 1999 work. It starts, in its first page, with the sounding assertion that in October 1989 the Berlin wall fell down and in April 1992 the supposed law of silence on the supposed Italian ‘corruption’ fell down. However if, with the Craxi (and other parties had won the 1992 elections) liquidation, the ‘corruption’ and the relative law of silence finally fell down, the thesis of the della Porta-Vannucci book would be, if logically examined, 74 totally crazy both as a whole and in their single elements. Their book was in fact built on a special variant of the schizo-theory of the double State (one unknown and corrupt, and that of the PCI, MSI and DC Left absolutely pure) combined with the exaltation of the 1992/1993 pogrom and further judicialist-authoritarian course, they declare was strategically useless (the lost opportunity). The problem was ‘solved’, but not really, from della Porta-Vannucci, by purely literary images. They state that the Italian case was unique as ‘corruption’, clearly confounding a phenomenon with the claims around it. It would be as to claim that, for example, in the countries where infantile abuse does no arrive until media and tribunals, it does not exist. According to this method, it does not exist in Greece and Turkey, while the UK and the USA would be countries of progressing degeneration, from this point of view. It is clearly not so. In addition, when one claims great principles (‘pro-honesty fight’, ‘anti-Clans war’), or supposed such, but finally the North magistracy action limited to liquidate elections results and to co-operate with the privatisations fraud, and the South magistracy action limited to favour Southerner Clans restructuring and reinforcement, the real results are under the nose of everybody, while claimed principles are just irrelevant noise. della Porta-Vannucci avoid carefully the ground of the Milan PO function of selection of the political-economic personnel in function of the colossal fraud against the State budged and the systemic efficiency Italian privatisation represented, and the key role the Milan PO played in this fraud. If this basic methodological testing is sufficient for defining a work as pure propaganda and deception for other purposed, other della Porta-Vannucci claims, as the statement that ‘corruption’ is one of the components of a more general democratic question, are just apparently sounding rhetoric. It was the subliminal suggestion that the 1990s para-PDS regime privatisation fraud, and other State mismanagement and weakening, was democratic and honest, while the DC-PSI running action for privatising at fair, or fairer, prices and preserving the national interest was antidemocratic and dishonest. What is certainly correct if one assumes an anti-national, and subordinated to private interests, point of view. In fact when finally one looks for objective, or relative objective, evidence on all this claimed ‘corruption’, it reduces to indexes on ‘corruption perception’, alias to fantasies, while an eventual arguing on privatisations cases and other economic policies would have been the only possible arguing on reality. Perception, which depends on the questions posed for detecting it (a highly subjective fields), depends decisively on cultural frames, which made practically impossible all inter-State, and frequently (as in a multi-national State, as Italy is) also intra-State, comparison. The same della Porta-Vannucci, when following the academic tradition of showing knowledge of some literature in the field, and trying some generalisation, show actually that the literature they know is not at all enlightening, and generalisations on correlations including ‘corruption’ are impossible. And solutions to these bottlenecks do not come from idealisations of ‘market’, which is already a pre-built concrete frame not necessarily a magic solution. It is a solution to different clans, clientelist and parasitic logics, but it is not, by itself, a magic solution. It depends. On the contrary, della Porta-Vannucci followed certain typical Anglophone-style use of the slogan ‘market’: they claimed ‘market’ for justifying their judicialist perspectives (their gaol party propensity), while they claimed international homogenisation (with the excuse of ‘transparency’) relatively to the areas and sectors 75 competitive with the Anglophone ones. The tools for disaggregating bureaucratic conservatism and laziness, and socio-economic and cultural backwardness, are necessarily more complex than ‘markets’, which need to be built and guaranteed in their efficient working. However the judicialist clans della Porta-Vannucci supported were the negation of market. The 1990s judicialist action further repressed market instead of freeing and making it more efficient. The judicialist erasing of elections results was the opposite of market. The judicialist ban of political parties was the opposite of market. The judicialist systematic targeting of some parties, to which corresponded the systematic protection of other ones, was the opposite of market. All this was a dirigist action, not a pro-free market one. The judicialist selectionimposition of weak political-economic personnel, and submitted to the usual internal and international interests (as, for example, Prodi and Ciampi, key protagonists of the privatisations fraud), was the opposite of market, which needs counterparts fairly negotiating and does not let buyers freely defining prices. The second chapter of the della Porta-Vannucci work opens with a quotation contradicting the two authors claimed 1992 sudden collapse of the law of silence. They quote the 27 February 1998 La Repubblica, which reports the then PDS Secretary D’Alema declaring that everybody, journalist and magistrates included, knew everything, without the need to wait the Milan ‘heroes’. A law of silence presupposes the hiding of reality why in our case it was well known to the same magistrates and journalists who suddenly ‘discovered’ it. What supposed a complicity in reality not broken but only used and oriented as in similar (not as scale) operations of the 1970s/1980s. Clamorously self-contradicted in their mythological construction, indifferent della Porta-Vannucci insist in it. Pervaded from the fire of exaltation, they invent more than 500 MPs (more than 50% of the Italian Parliament, with is composed of 630 deputies, and 315 Senators plus some life-Senators) of the 11th Legislature under investigation, and ‘all the vital centres’ of the Public Administrations, with thousands of local administrators and bureaucrats, Armed Forces, Fiscal police, ‘all the main State boards and companies’, magistracy sectors. It is the ideological operation of representing as a mass operation, what was a surgical intervention. Actually the 1992/1993 pogrom was an Intelligence-style terrorist action, not such a generalised war. Media pumped the operation, but numbers were not so massive and there was no indiscriminate repression. Everything was carefully focused. However if one wants to invent a war against ‘corruption’, as it seems the della Porta-Vannucci anxiety, one must, in first instance, invent the war. What della Porta-Vannucci coherently do. Nevertheless in the Italian reality, State private use and profiteering from small and big bureaucrats, and their clans, continued undisturbed from the judicialist ‘heroes’ action, which was surgically focused on the CAF core. della Porta-Vannucci correctly mention how the mechanism of bribes/ransoms, with bureaucrats as beneficiaries, was the price imposed from corrupted bureaucrats to citizens. However they avoid underlining that this practice was made possible from a State organisation where offices actually were private feuds of bureaucrats and their clans, with relative party and TUs protection and profiteering. They evidenced the party and clientelist domination, with the relative worst civil (and military) servants selection, but not the key point of the traditional (well before the Republic, also if less degenerated) feudalisation until the lowest levels of the bureaucratic machine. And this was not necessarily connected to the politics financing, conceptually and practically different. In German and France, politics illegal financing had and has the same characteristics of Italy, despite the better working (what does not mean 76 necessarily honesty) of bureaucracies. However it might be plausibly argued that in such an order, with bureaucracy as private-personal counter-power, business living politics and State as extraneous, as counter-party not as collaborator, politics could self-finance only (and more than abroad) in coactive way (what does not mean ‘corruptive way’ but exactly the opposite204). What is not a justification for no one of these three parties (politics, bureaucracies, businesses), but just the evidencing of a specific kind of systemic order. Instead of confronting, also if only at theoretical level, with the concreteness of problems of an inefficient and feudalised bureaucratic machine, della Porta-Vannucci exercise in the academicians popular sport: the quotation of the supposed illness cures, carefully taken from the current literature. They are, in this case, for della Porta-Vannucci: controls, crossed controls, introduction of forms of concurrency, new controlling bureaucracies without drastic reduction of the already existent ones, delegation to special pools of Prosecutors purposely made more powerful (the switch from the administrative to judiciary level is a recursion rich implications usually unnoticed), new bureaucracies for studying the simplification of the existing procedures and laws. It was the reproposition of the usual list of already permanently attempted solutions without achieving any result. On the ground of their non-working, structures cannot be transformed in working ones. Useless structures may only been dissolved and with the dispersion of their personnel.205 A public administration having had the function of the distribution of salaries-subsidies cannot be directly transformed in efficient service- and client-oriented structures. Similarly, a condition of legislative proliferation and confusion may not be reversed by other over-detailed and over-formal legislation, which was just function of deresponsibilisation. Controlled corruption but intertwined with efficiency, as in the Anglophone tradition, is considerably better, from the point of view of the systemic efficiency, than the bureaucratic and costs’ proliferation which tutors only inefficiency and uncontrolled wastes. From the judicialist point of view (and it is the approach implicit in della Porta-Vannucci), legions of now corrupted now simply privileged and abusive 204 When politics impose, but also businesses accept happily the imposition, all the micro- and macrosociology of the entire matter are different. For instance, a French President having received financing from the nuclear industry and favouring it, since that, just elected, acts under corruption conditions (supposed there were not different reasons for what could appear a direct exchange relation). In Italy politics even destroyed big companies had financed it, and it did not it for reasons connected with the financing. Be the systemic working better in an Italian-style or in a US-style politics financing is question totally unconnected with ‘corruption’. The US Presidents may be generally corrupted relatively to the Italian one who were not, and the US system might had been considerably more efficient. The kind of micro-mechanisms determining systemic efficiency has no correlation with ‘corruption’. As natural consequence of this non-correlation, it may also be plausibly argued that equal ‘corruption’ and ‘honesty’ (supposed they were quantitatively measurable) translate in radically different systemic efficiency. della Porta-Vannucci-style campaigners, in reality campaigns for other purposes, be they conscious or unconscious on that (what is here irrelevant). 205 The only relevant example I know of progressive transformation of an existing feudal-style bureaucratic machine in a modern one is that of the early 20 th century Korea under Japanese occupation. However there was the Japanese military-police control, the Japanese management, also relevant Japanese personnel involved in the transformation, and more than four decades of Japanese occupation. Japan was a State having recently dealt, and continuing to deal, with in-same-way similar kind of transformation and having sent to Korea some of his top level specialists in State building. When the Anglo-American armies occupied Italy in 1943-1945, they brought with them the top level specialist of the US organised criminality and attributed them the supplying Italian markets control. Italy was not Korea, the USA were not at all Japan. 77 uncontrolled Prosecutors and cops, intertwined with State bureaucracies inefficiency, are considerably better than reasoning in terms of efficiency, and operating for efficiency. It is the supposed ‘ethic’ versus the results-orientation, fantasies versus pragmatism. What is absolutely natural since judicialism (for certain aspects an extremist form of bureaucratism and its tutoring) prospers on the problemaggravation, while it is condemned by the problem-solving. Each guarantee given to non-working (relatively to the service efficient provision) employees and structures is a guarantee against the creation of efficient State administrations. As current academic concern in underdevelopmental countries and cultures, della PortaVannucci formulate advices acceptable to the TUs (corporative structures) and their political references (which are the same interests aligned with judicialist magistracy: Lefts and Far Right, but also Centre fractions), alias to feudal visions of the working place (magistracy working places included), corrupted and lazy employees (magistrates included). What makes in reality all advice useless: it is easier to claim abstract needs of judicialist permanent crusades than to pose problems of efficiency, alias the respect for the citizens’ rights to efficient services. With academicians’ convinced support and collaboration, in Italy all new Parliament ‘reformed’, at least once, the public administration, plus the continuous flows of micro-‘reforms’ inside, or also corrective of, the main ones. The results could be observed from everybody had relation with the Italian bureaucracy. The usual vision that it was necessary to preserve statically the existing consensus without disturbing all personal interest always prevailed. While the vision that consensus could be dynamically pursued by the success of modernisation was always judged too risky for the political order and its backing interests. And so the DC-PCI (in reality DC-PCI-MSI, overall for what concerned the public administration) conservatism always prevailed. The only initiative of real control of civil servants was assumed, in July 1994, from Giulio Tremonti, the Finance Minister of the Berlusconi government. It formed a corps of one hundred inspectors for contrasting corruption and bureaucratism of the 130,000 employees of the Fiscal Administration. Rapidly fired the intolerable heresy of the Berlusconi government (using against it the slogan that State was not a company, consequently the best was that Statesmen were only party functionaries and bureaucrats, or eventually somebody of the Agnelli family206), the decree instituting this corps was never discussed from the Lefts-LN dominated Parliaments. Probably more according to the rule that bureaucracies may be created but not dissolved, than since intimate conviction, the decree was simply renewed from the following governments each time it expired, but the corps was never used for its original tasks. For della Porta-Vannucci the failure of the 1990s judicialist operations, for them against ‘corruption’, derived from metaphysical obstructions. They list a mysterious exhaustion of ‘confessions’ (people rapid delusion that ‘heroes’ did not use them against real corruption?), the fact that the Cassation Court contradicted some evidently too illegal207 sentences, a judiciary machine which, despite the judiciary independence and self-management, was evidently badly self-managed from 206 Just fired Berlusconi, Scalfaro, while launching anathemas on conflicts of interest, offered the Foreign Office to Gianni Agnelli who, feeling a bit degraded as simply Minister, suggested and got, at his place, his sister Susanna, already Foreign Office deputy-Minister from 9 August 1983 to 12 April 1991. 207 For slight and medium illegalities, sometimes also relevant illegalities, the 1990s CSC acted in conditions of intimidation. 78 magistrates because too slow, some legal guarantees which were, for della PortaVannucci, the real responsible of additional slowness (della Porta-Vannucci implicitly suggested that the US-style trial, Parliament tried to impose for the entire 1990s to a rebel magistracy, was the maximum of slowness: in unappealable sentences directly emitted from Prosecutors CK/GPU/NKVD-style were de facto suggested, from judicialists, as the best), a guarantist FI, a nasty politics which permitted to criticise the ‘heroic’ magistrates so delegitimising them, the reduced sanctions. Alias, for della Porta-Vannucci, if it would have been imposed the adequate ‘confession’ flow, if militant Prosecutors could have formed special commission condemning rapidly, without the burden to produce evidence (supposed – it was very contested – they produced, at least sometimes, reliable evidence), and without appeal, if FI had understood that it had not the judicialist authorisation to exist and had consequently disappeared, if politics had been directly exercised from militant Prosecutors and their employees/puppets, if militant magistracy had had the possibility to condemn to long detentions (naturally only for their political and interest enemies), the supposedly ethic war could have continued in permanence, and a real Ethic State, a militant Prosecutor Kingdom, could have been imposed. In fact, for example, della PortaVannucci candidly let to understand that all provisional sentence, without waiting the full Justice course and despite all innocence Constitutional assumption, is sufficient to define a citizen as legally a criminal, and that if the Cassation Court declares null a sentence, this favours criminals instead of eventually tutoring a legally innocent (relatively to the specific trial and/or crime) citizen. della Porta-Vannucci quoted, as evil example, the Carnevale case, a skilful and guarantist Cassation Court Section President who exercised, with other magistrates, the normal legality control by total or partial validation and making null of sentences. Persecuted, not only by the judicialist and judicialist-academic propaganda, has was later declared innocent in Court, a bit later della Porta-Vannucci were continuing to give also their contribution to his defamation. Perhaps, also in this case, reality was more complex, and less personalisable, than the points of view of the gaol parties, or eventually of the absolute-innocentist ones, apart from the personal integrity of the citizen and judge Carnevale the same ferociousness of the judicialist aggression, and its incapability to produce even a shadow of piece of evidence, unequivocally demonstrated. The myth of the casual investigations, from a magistracy fully inside the powers networks The myth of the spontaneous events is used from ‘specialists’ when explications are embarrassing for assumed interests. Casualness exists. Although there are circumstances it is really absent. As authors wanting to avoid the evidencing of the consociative nature of the Italian political system invented unexpected ‘”government” creation of the Italian regions,208 non-casually the same networks offer a basic thesis about the 1990s purge start. That suddenly a 17 February 1992 casual arrest permitted to see what before what hidden. Unfounded, and carefully bounded, sociological explications justify the possibility of the inquiry. Formal juridical arguments build the cage of the irrefutable truth. 208 (Putnam 1993, p. xiii). 79 Actually, in spite of the Constitutional compulsory character of the penal action there is nothing of spontaneous and automatic in the decision to prosecute a crime. Anyway a single crime, or also a collection, or a connection, of single crimes, is different from a judicial campaign. It is sufficient that the Head of the Prosecution Office decides that the crime does not exist, is not evident, cannot the really be proved, etc., and the crime does not exist. It is sufficient the Head of the Prosecution Office decides that the crime is absolutely evident, eventually proved logically, and that the crime cannot not to exist, and non-crime becomes a crimes. The techniques for obstructing an investigation and/or a simple prosecutor, or even an entire PO are different and they have been always used 209. It is possible to pose the competence conflict in relation to an investigation from a Prosecution Office. In this way investigation were traditionally moved to Rome were the political power could better control them. It is possible to arrest Prosecutors or other magistrates, as to obstruct them directly in different ways. All Prosecutor can, theoretically, order the arrest of another magistrate. It is also possible to let an exposed magistrate without bodyguard, or effective bodyguard, and to provoke his/her threatening, injuring or killing. It is possible to intervene directly on the single magistrate. It is possible to overcharge him/her of other investigations, eventually criticising and inquiring him/her if not rapid and efficient to do everything. It is also possible from police and intelligence services to produce false evidence, to suppress the existing one, to refuse to supply the right one.210 Everything depends of the power network, and on real force relations. The tales on the sudden appearing of heroes and on the sudden explosion of crimes before hidden are, it may be, well sounding. But they are heuristically sterilising miserable lies. In the 1980 there were magistrates, one was Carlo Palermo, started to investigate on arms and drug traffics. Supposedly they involved Turkey, Bulgaria Austria, Yugoslavia, Italy, American Mafia, USA, in connection with intelligence services, as the US CIA, DEA and NSA, Germany, Swiss, Latin America, Arab countries, etc, industries, finance, political parties, governments, in different connected networks. The Carlo Palermo investigation on these supposedly illegal world traffics involved heads of States, Reagan included, and even the Buenos Aires tube. The inquiry led to the charge of more than one hundred people, and finished with the generalised acquittal. On 2 April 1985 Carlo Palermo was victim of an attempt to his life by bomb-blast, in Sicily. When in 1985 the PM Craxi acted against the magistrate, Craxi was supported from his Interior Minister Scalfaro. Also the Confindustria had protested for the inquiry, because the Palermo investigations obstructed businesses. These magistrates were stopped and in certain cases induced to abandon magistracy. They were lauded and sometimes also rewarded from the Lefts, but avoiding defending really them when they were under fire and obliged to leave. 211 In addition this kind of inquiries were not really continued during the 1990s judicialist course. 209 (Colombo 1996). (Colombo 1996). 211 (Mellini 1996, p. 55/56); Luigi Cipriani, Armi e droga nell'inchiesta del giudice Palermo, [Weapons and drug in the investigation of judge Palermo], Democrazia proletaria, May 1985, in Luigi Cipriani, Scritti di controinformazione, http://members.planet.it/freewww/cipriani/indice.html [November 1998], May 1998. 210 80 They were avoided not because senseless for a functional magistracy, but because it was imperative to avoid concrete damages for foreign protagonists ought to remain untouched. Judicialist demagogy was internationally liked but only if against politicians and institutions to be purged. When apparently more modestly, but in reality more effectively, police forces and single magistrates tried to pursue current episodes of bureaucratic corruption, TUs denounced those investigations as abusive and against workers (the corrupted functionaries). Those had verified also in Milan212, a bit before corruption became a good business for all bureaucrats wanted to continue safe in his/her usual business, when he/she had adequate TUs connections, protection and support. In that occasion, a banal and ordinary case of relevant bribes by the Town Planning Office of the Milan Commune, also the Milan Chief-Prosecutor had publicly commented, after the TUs protest, that the Carabinieri were investigating (and for doing better that had asked the complete list of the Milan Commune civil servants, as a way for individuating more rapidly who worked by the Town Planning Office) had exceeded in their duties. It was prohibited, before the 1992/1993 pogrom, to declare publicly and to investigate what everybody knew, that in the Milan Commune, as in all other public office, there were corrupted functionaries.213 It was necessary some superior push because accomplices Prosecutors transformed in militant Jacobeans. The technique of building clamorous trials to ‘criminality’, actually only for favouring its fractions, and connected political and power interests, was used already in the 1980s. See for example the 856 (of which 500 of people not already in prison) arrest warrants executed the night of 17 June 1983 in Naples, essentially against a loosing fraction of Camorra, with the relative advertising-arrest of a journalist and showman later revealed innocent. The episode is detailed in the chapter on the judges’ party philosophy. This was the essence of the Milan and Palermo POs-led operations, and of the entire 1990s judicialist waves, included the most clamorous episodes of what was claimed as struggle to the organised criminality, actually neither really contrasted nor weakened. On the contrary the magistracy action, lead from its politico-judicialist clans, favoured actively the strengthening of organised, as of micro-, criminality and the dramatic weakening of the State structure deputed to contrast it. In that, magistracy had the full collaboration of the 1990s’ Lefts and paraLefts governments. Technically it was not very difficult, for judicialist magistracy, already in the 1980s’, to select how to strike and how to save political fractions. Apart from that even in difficult juridical situations, Di Pietro, the Milan Pool, and the other judicialist clans had no legal problem to save a personage and to ruin another one, also if their names eventually emerged associated and with the same juridical responsibilities. In the Prodi case, they even attributed Prodi responsibilities to his successors Nobili they he wanted to fire for re-promoting Prodi in 1993. Nevertheless, in the [non-rigid] sharing of the Italian power, specialisation created and evolved. Initially, the Fanfani current had the RAI, the dorotei the Agriculture power centres, other DC-Left currents the Labour Ministry. The Mattei ENI (apart from that Mattei paid all parties and currents, but was influenced from no one) had as its direct political expression the 212 213 (Torrealta 1995, p. 70). (Torrealta 1995, p. 70). 81 DC current the Base. When, in the 1980s ENI became a Socialist feud, the Base got as its power and illegal financing source the IRI, to which De Mita assigned Prodi. Andreotti was the only DC leader who, having been directly called to central government from De Gasperi, and having always reserved little interest in DC matters, was without interests and illegal financing in the State industry. 214 The power geography was naturally more complex and detailed, in part intertwining, and slowly evolving. However everything was public and not difficulty identifiable for the needs a targeted strikes, were they against single fractions or against meaningful part of the political system as in the 1990s. 214 (Riva 1999, p. 441). 82