Seafarers Union Spends Members Money Illegally

[Robert Swanson]

(this information is posted here so that any members of the Seafarers International Union which is located in Maryland and has a School at Piney Point Maryland will know that they are spending your money illegally to try to derail the rank and file union effort which is being fostered by the Seamen's Justice Center)

The Seafarers International Union has been harassing me for over 2
years now and recently filed this action in State Court-Again. It was
voluntarily dismissed once because the SIU's lawyer was forum
shopping. It was refiled in Federal Court, two branches before they
got that right. It was later dismissed by the District Court For the
Southern District of Iowa because the SIU has members in Iowa and
therefor could not claim Diversity. The poor souls they just can't
seem to get it right no matter how hard they try. This time they have
included a False Affidavit from the writer who initially provided us
with the information that Mike Sacco is a made member of the mob. I
don't know how they turned the guy but I can imagine either money or
pressure. I have included that affidavit with the true facts after
each averment.

I would appreciate any help members of this forum can give me in
re-posting this information to other labor groups.

Thank You

Robert Swanson

IN THE IOWA DISTRICT COURT IN AND FOR CLINTON COUNTY


SEAFARERS INTERNATIONAL UNION,
Atlantic, Gulf, Lakes CASE NO. CV3 1086
and Inland Waters
District! NMU, AFL-CIO,
MEMORANDUM
Plaintiff, IN SUPPORT OF
ROBERT E. SWANSON and RQUEST FOR INJUNCTION
SEAMEN'S JUSTICE CENTER,
Defendants.


COMES NOW the Plaintiff and in support of its request for injunctive
relief does respectfully state to the court as follows:

LEGAL STANDARD

Iowa Rule of Civil Procedure 1. 1502 describes the circumstances in
which a court may issue temporary injunctive relief. The Plaintiff
alleges that ICRP 1.1502(1) provides the court with the authority for
temporary injunctive relief in this case. That Rule provides that a
temporary injunction may be allowed,

When the petition, supported by affidavit, shows that the plaintiff is
entitled to relief which includes restraining the commission or
continuance of some act which would greatly or irreparably injure the
plaintiff.


A party requesting injunctive relief must show (1) an invasion or
threatened invasion of a right, (2) substantial injury or damages will
occur unless an injunction is granted and (3) no adequate remedy is
available at law. Opat u. Ludekir~g, 666 N.W.2d 597 (Iowa 2003),
quoting Skow v. Goforth, 618 N.W2d 275 (Iowa 2000). In considering
whether to issue an injunction, the court must weigh the relative
hardship on the parties which would result from the denial or granting
of the injunction. Myers v. Caple, 258 N.W.2d 301 (Iowa 1977). A
temporary injunction may be granted under the same standard as a
permanent injunction, however, the burden of proof is different.
Temporary injunction5 require a showing of the likelihood of success
on the merits whereas permanent injunctions require actual success.
PIG USA u. North carolina Farm Partners hzp, et al., 672 N.W.2d 718
(Iowa 2003).

APPLICATION OF THE STANDARD

The Petition in this case alleges that the Defendants Robert E.
Swanson and the non-profit corporation, the Seamen's Justice Center
have defamed the Plaintiff Seafarer's International Union, by among
other things, falsely claiming that the Union's President, Michael
Sacco, is a "made member of the Mafia" or is otherwise involved in
organized crime.

Defendants have disseminated this defamatory information primarily
through the use of the internet, including on the Defendant's own
website the address of which is www.seajustice.org and which is
operated by Defendant Robert E. Swanson, as webmaster, from his home
in DeWitt. That website has from time to time, included information
concerning purported links between President Sacco and organized
crime. Examples are attached hereto as Exhibit A.

In a deposition taken in earlier proceedings, Defendant Swanson
described three main "sources" for his claims: (1.) John Touhy, a
freelance journalist who has written extensively about organized
crime, (2) two individuals who Defendant Swanson refused to identify
and (3) anonymous calls and emails, The complete transcript is attaché
hereto as Exhibit 13. Most of the discussion of sources appears at pp.
87-92.

John Tuohy has provided an affidavit in which he repudiates the claims
attributed to him by Defendant Swanson. Tuohy's affidavit is attached
as Exhibit C. .The affidavit was provided to Defendant Swanson,
through his counsel, on June 30, 2004. Defendants have continued their
defamatory statements even though it is apparent that they have no
basis in fact.

The Defendants' defamatory statements have caused irreparable injury
to the Plaintiff by interfering with its ability to organize workers
in the maritime industry and to recruit new members. Affidavits from
John Spadaro, Jordan Biscardo, Thomas Orzechowki and Jessica Smith are
attached hereto as Exhibits D, E, F and G, respectively. Those
affidavits detail the negative effects that have resulted from
Defendants' defamatory statements.

The Plaintiff is requesting that Defendants be temporarily restrained
from making unfounded accusations of criminal activity against
President Sacco or other officers or agents of the Union, while this
action is pending.

Without this injunctive relief, the Plaintiff will continue to suffer
irreparable harm, Plaintiff's have no adequate remedy at law. Given
the Defendants' financial circumstances it is unlikely that the
Plaintiff will ever recover damages sufficient to compensate it for
its losses.

The issuance of a tempory restraining order, as described above, will
not adversely affect the rights of the Defendants or the interests of
the public. Plaintiff's request is limited in scope and in time and
seeks only to prohibit the dissemination of clearly false, defamatory
and damaging information

WHEREFORE the Plaintiff requests that the Defendants be temporarily
restrained from making Unfounded accusations of criminal activity
against President Sacco or other officers or agents of the Union,
while this action is pending.




MATTHEW GLASSON L10001818
Glasson, Sole, McManus & Pearson, P.C.
118 3rU Ave. S.E,, Suite 830
Cedar Rapids, IA 52401-1440
(319) 366-4313 phone
(319) 366-0368 fax
maglasson@qwest.net
ATTORNEY FOR PLAINTIFF
--------------------------------------------------------------------------------------------------------------------------------

IN THE IOWA DISTRICT COURT FOR CLINTON COUNTY

SEAFARERS INTERNATIONAL UNION, ) LAW NO. CV3 1086
Atlantic. Gulf. Lakes and Inland Water )
District/NMU, AFL-CIO, )
)
Plaintiffs, )
)
vs. )
ROBERT E. SWANSON and )
SEAMAN'S JUSTICE CENTER, )
)
Defendants. )

COME NOW the defendants by their attorneys McCarthy, Lamniers & Hines
and resists the plaintiff's motion for injunctive relief as follows:

1. This is the same action that the plaintiff filed two years ago in
this court in cause no. CV29267. In that action the plaintiff
requested an injunction for the same reasons it now urges and that
injunction was denied by an order of this court in that cause on
November 24, 2003. The defendants request this court take judicial
notice of its own file in CV29627, including all matters pleaded and
filed in that cause. The plaintiffs motion for injunction should be
denied for the same reasons set out by this court in its ruling two
years ago, i.e., the plaintiff has an adequate remedy at law and it
has a heavy burden of proof under the New York Times v. Sullivan
standard to establish actual malice in defamation action. The actual
malice standard in defamation actions apply to claims in the union
context. Old Dominion Branch No. 496, National Association of Letter
Carriers v. Austin, 418 U.S. 264 (1974).

2. The granting of an injunction against the defendants in this case
would violate the defendants' free speech rights under the
constitution of the United States and the State of Iowa, which prevent
the imposition of prior restraint against speech except in the most
serious circumstance. Des Moines Register and Tribune Company v.
Osmundson, 248 N.W.2d 493, 498 (Iowa 1976); Organization for a Better
Austin v. Keefe, 402 U.S. 415, 419 (1971).

3. The plaintiffs cannot establish the necessary element of
irreparable injury. However, prior restraint of speech by this court
would constitute irreparable injury to the defendants for which there
can be no redress. The loss of first amendment freedoms, even for
minimal periods of time, unquestionably constitutes irreparable
injury. Iowa Right to Life v. Williams, 187 F.3d 963, 970 (8th Cir.
1999).

4. If the plaintiff has been harmed, such harm is readily compensable
by money damages. Successful defamation plaintiffs regularly prove and
receive money damages. For this reason, absent extraordinary
circumstances an injunction should not ordinarily issue in defamation
cases. Metropolitan Opera Association v. Local 100, 239 F.3d 172 (2fld
Cir. 2001).

WHEREFORE, the defendants pray the court deny the plaintiffs motion
for injunction. They pray for such other and further relief as the
court deems equitable in the premises.

McCARTHY, LAMMERS & HINES

 

[Robert Swanson]

Here is the rest of the Seafarers message because it was too long

John Tuohy in this affidavit gives false testimony and after each
paragraph, I Robert E. Swanson, the Defendant in this action will give
the true account of what transpired between Mr. Tuohy and Me.

EXHIBIT
AFFIDAVIT
STATE OF MARYLAND )
COUNTY OF fl~/ ) ss:

I, John W. Tuohy, being first duly sworn on oath do depose and state
as follows:

1. I am a resident of the state of Maryland. I am employed as
freelance journalist, specializing in crime writing and research. I
have written, Published, and spoken extensively about organized crime
in the United States.

2. I was contacted in the spring of 2001 by Robert Swanson, who
described himself as a former member of the Seafarers International
Union (SIU). Mr. Swanson told me he had seen me on a television
program about organized crime. He told me that he was contacting me
because he wanted me to help expose the fact that SIU was run by the
Mafia. He wanted me to investigate his allegations and write about
them.

Mr. Tuohy was initially contacted by Harvey Nelson Baily after Mr.
Bailey had read some of John Tuohy articles on the Web Page
www.americanmafia.com. Mr. Tuohy had a telephone conversation with Mr.
Bailey in which Mr. Tuohy doubted what Nelson Bailey had to say.
After Tuohy checked with the retired(not Fired as claimed later my
John Tuohy)FBI agent William C. Redden and found out that what Nelson
had told him was true, he emailed Nelson Bailey with an apology. I
have a copy of that email. What he said was that it turned out that
Sacco, according to William Redden, Retired FBI agent, was a made
member of the mob. My contact with Mr. Touhy occured in a phone call
which was initiated by John Tuohy.

3. Swanson told me that SIU International President, Michael Sacco,
was connected with the New York City mob, that SIU had mob connections
in New York and New Orleans, that he had tried to expose the
corruption and mob influence within the union and that the union had
tried to discredit him by planting cocaine in his clothing.

Mr. Tuohy informed me that Mike Sacco was a member of the New York
Mob, I did not tell him. I did tell him of the long standing suspicion
that there were payoffs from the SIU to the Mob, according to a man
who grew up with Michael Sacco. That man remains anonymouns because he
is afraid for his life if it gets out that he said anything about the
payoffs. What I told Mr. Tuohy was that while we were attempting to
organize an office near the Piney Point School someone put a packet of
white powder in my clothing. I also told him that because we suspected
the St.Mary's Maryland County Sheriffs office of being corrupt we shut
the office down. We could not afford bail if we would have been
arrested on trumped up charges. We also remembered the Story in the
St. Mary's Today newspaper in which the Editor told of being advised
by the FBI that the SIU was planning to murder him. They offered to
put him in the Witness Protection Program. If this information was
false, the why did the SIU not file an action against the editor of
the St. Mary's Today Newspaper.

4. Swanson also provided me with names of others he said could
substantiate his allegations, including William Redden, an FBI agent.

John Tuohy provided us the Name of William Redden. We had no knowledge
of him up to the time of tuohy contact with us as to the nature of
Michael Sacco's involvement with the mob.

5. I contacted Redden by telephone. He confirmed many of Swanson's
accusations, and provided additional details. Redden told me that the
New York Mafia "ran" SIU; that President Sacco was a former bookie and
"made member" of the New York Mafia; that the FBI was investigating
SIU/organized crime connections in New Orleans; and that SIU had been
involved in the Iran Contra affair

Up until the time that Mr. Tuohy first contacted me I did not alledge
that Mike Sacco was a made member of the mob. The information provided
to me by him, plus the information gathered from a person who grew up
with Mike Sacco. That person only provided me with details of payoffs
to the mob by the SIU and did not provide any membership details for
Sacco. In Fact, that person does not believe that Mike is a made
member only that he has maintained contacts with them and authorized
payoffs to the same mob.

Tuohy contacted William Redden of his own volition after the intitial
contact with Nelson Bailey.


6. After my conversation with Redden I contacted Swanson by e-mail and
told him what Redden had said.
This is true, but the sequence of events is not as relayed here by
Tuohy and I doubt the varacity of the information presented in the
following paragraphs because he has already lied extensively. If he
had come to me with this kind of information I might have reason to
doubt Mike Sacco's membership in the Mafia but he stopped
communicating with me and the only reason given was that I was too
impatient.

7. Following my initial conversation with Redden, I attempted to
schedule a more extensive interview. I attempted to contact him by
telephone and e-mail several times. He seemed reluctant to meet with
me. Eventually we did have a more extensive discussion. He gave me
some details of the allegations.

8. Redden claimed that informants had told him of a mob connection
with SIU in New Orleans. Redden told me that this was under
investigation by the FBI. He also told me that one of his informants,
Sal Polese, had told him that Sacco was a "made" member of the Mafia,
had started as a bookmaker and worked under "Junkyard Johnny" as a
part of John Gotti's crew.

9. Following my meeting with Redden I attempted to confirm his
allegations by contacting his informants and other sources.

10. I talked to Polese who told me that the Sacco that he had referred
to was not Michael Sacco or anyone connected to him. (Sacco is a
pretty (I would delete the word "pretty and replace with very) common
Italian name.) Polese was not able to supply any information to
substantiate a connection between Michael Sacco and/or SIU and
organized crime.

11. None of the informants that I talked to from organized crime nor
any of my law enforcement sources were able to substantiate any
connection between SIU or its President Michael Sacco and organized
crime, in New York, New Orleans or anywhere. I was not able to
substantiate that the FBI had ever investigated SIU for allegations of
organized crime connections.

12. I eventually concluded that Redden was not a reliable source. When
I confronted Redden with the results of my investigation, he
ultimately admitted that he had no firsthand knowledge to support his
claims. For he told me that Michael Franzese, a former New York mob
boss, was the source of much of his information. When I told him that
I intended to contact Franzese, Redden admitted that he hadn't
actually interviewed Franzese in person and that Franzese hadn't said
there was any connection between SIU and the mob. It was apparent that
the information he had provided to me was just speculation. I believe
Redden made these accusations in an unsuccessful attempt to bolster
his failing career at the FBI. I understand that he was eventually
discharged by the
FBI.

This is another outright lie by Tuohy. Recently William Redden was
working as an investigator for the Washington D.C. office of
investigations There is no way that he could be employed by that
organization if he had been fired by the FBI.


13. I concluded that Swanson and other "dissidents" had concocted the
whole story of SIU mob involvement for their own political purposes. I
wrote an article describing my research and conclusions called "Shake
Down at the Seafarers". A copy is attached to this affidavit.

Swanson and other dissidents have never, knowingly, concocted any
stories but have relayed what we have heard from others including John
Tuohy, who provided the most damaging facts about Sacco. We don't even
know for sure if it is John Tuohy who has provided this affidavit.
Since it was John Tuohy who informed us of Michael Sacco's membership
in the Mafia the above paragraph is just another outright lie by him.

14. I told Swanson that I thought his allegations against Michael
Sacco and SIU had no basis in fact. I also gave him a copy of my
article, "Shake Down at the Seafarers". Swanson was angry with me and
accused me of being bought off by the mob or the CIA.

This alledged conversation never happened and is another outright lie.

15. After that, Swanson began appearing at events where I was a
speaker, raising the alleged SIU/mob connection and arguing with me
about whether there was any basis for his claims. I felt that he was
almost stalking me for a while. Eventually, he stopped showing up at
these events. I have not had any contact with Swanson or spoken to him
in several years.

I have never personally met John Tuohy, don't know what he looks like,
have never been at the same place with him. I certainly have never
been at any events at which he was the speaker. This paragraph is just
another fabrication of John Tuohys to make me look bad. There is
absolutely no proof that he can offer to the court that these events
happened. It, like most of this affidavit, is a bald faced lie.

16. My research leads me to believe that there is absolutely no
connection between SIU, or Michael Sacco and organized crime anywhere.
I think that Swanson and his associates know that is the case, and
that they are making these accusations for the purpose of causing
damage to SIU, based on some personal or political grudge against
Michael Sacco.

No comment is needed as this paragraph is just another extension of
his lies and false testimony.


_____________________
John W. Tuohy
























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[Ken King]

The next candidate for "Unsolved Mysteries". Hope you have your affairs in order.

 

[scupper trout]

The next candidate for "Unsolved Mysteries". Hope you have your affairs in order.

Which do you prefer, 30 or 40 yard line?

 

[morganj614]

And the fact of a made mob member is news to you??? It was nice talkin' to ya!

 

[scupper trout]

Luca Brozzi is sleeping with the fishes.

The foodchain is not a place to be........

 

[Oz]

Can you say "Witness Protection Program"

 

[morganj614]

History

In the early 1900's alot of Italian immigrants made it to freedom through the mob, my Grandpa Melito being one of them. He came to the U.S. in 1920. We think they messed his name up and it might have been Mileto but he didn't have a birth certificate. They gave him a birthdate of Jan. 1, 1900. He landed in New York and even had a godfather that he brought gifts to. He ran from New York to Mass. when he was asked as his favor to identify a body. He never looked back and married to produce 7 kids. He died in 1980 from diabetic complications. So why a Sacco as a mob member would surprise you is what I don't understand. It's all history and we don't know his story...