McElroy Testimony INS Homeland Security

Cross Examination of Edward McElroy INS Homeland Security Covering for Terrorist Friendly Corruption

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THE UNANSWERED QUESTIONS: Why did judge Shira Scheindlin keep from the jury and court record, evidence and testimony of the rampant terrorist friendly corruption Caryl Leventhal was attempting to stop (You can find it by going to the Sworn Deposition of Brenda Grant).

Why did Judge Shira Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney when the one she had was issued a letter of admonition by the courts on September 26, 2000 (the day he was to represent Caryl Leventhal in court concerning her complaint against the US Department of Justice) "for conduct that adversely reflects on his fitness as a lawyer." (On January 6, 2004, Caryl's former lawyer will be suspended from practicing law under charges of "conduct involving dishonesty, fraud, deceit or misrepresentation."

Why did Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism? Why did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light? Why are they working to place America at risk?

NOTES: Above each page you will find the words "DIRECT," "CROSS," "RE-DIRECT" and "RE-CROSS." Direct Examination involves questions by the US Attorney. Cross Examination is conducted by Caryl Leventhal's lawyer. After Cross Examination, the US Attorney will attempt to deflect admissions made during Cross Examination. Lastly, Caryl's lawyer will attempt to rebut in any Re-Cross.

Only the Cross Examination testimony is being included. This is not being done for purposes of censorship. Rather, it is to keep this site from bogging down in text. Edward McElroy is the District Director of INS. He never spoke or met in any way with Caryl Leventhal. Prior to Brenda Grant attempting to have Caryl Leventhal terminated while she was critically ill with an Exacerbation of Multiple Sclerosis, Mr. McElroy didn't even know Caryl existed. Edward McElroy also suffers from Multiple Sclerosis. He is also an attorney, which is notably displayed in parsing of words and devious responses.

Edward McElroy knew very well that Caryl Leventhal was gravely ill with an exacerbation of Multiple Sclerosis (brought on by her brutalization through the actions of Brenda Grant). But apparently, such was his desire to keep a lid on publicizing the terrorist friendly corruption in 26 Federal Plaza NYC (note: ins has been subsequently hidden in dhs Homeland Security) that silencing a whistleblower was more important to him than the safety of the American people. The selling of Green Cards and processing of visa applications without proper background checks meant nothing to him. Unfortunately, Ms. Leventhal did not have the available funds to depose McElroy prior to trial. To Edward McElroy, protecting his corrupt bureaucracy was the primary mission.

SEPTEMBER 27, 2000

1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

2 ------------------------------x

3 CARYL B. LEVENTHAL,

4 Plaintiff,

5 v. 99 Civ. 10405 SAS

6 JANET RENO, Hon., Attorney

General of the United States,

Defendant.

------------------------------x

New York, N.Y.

Before:

HON. SHIRA A. SCHEINDLIN,

District Judge

APPEARANCES

15 MICHAEL R. BRESSLER

Attorney for Plaintiff

16 LILA AYERS

SHERILYN DANDRIDGE

MARY JO WHITE

18 United States Attorney for the

Southern District of New York

19 ERIC FISHER

SHEILA GOWAN

20 Assistant United States Attorneys

21 TRIAL

SOUTHERN DISTRICT REPORTERS, P.C.

212-805-0300

11 CROSS-EXAMINATION

12 BY MR. BRESSLER:

13 Q. Mr. McElroy, at the time you approved Ms. Leventhal's

14 termination, wasn't she out sick?

15 A. I don't recall.

Note: Mr. McElroy, you are one lawyer full of more than deviousness. And you should really be ashamed of yourself because you also suffer from Multiple Sclerosis. But I suppose shutting up a dedicated employee like Caryl Leventhal and masking the rampant criminal activity going on in 26 Federal Plaza NYC was more important. You know you received her medical reports. They were sent certified mail and cc'd to you. Maybe in our system of justice, juries are considered too stupid to see a note written in plain English by a family physician, but thanks to the internet, it is available for the world to see with a simple click on this hyperlink. What do you think of that, Mr. cover-up bureaucrat? Doesn't retaliation against a dedicated employee mean anything to you? Obviously not!

16 Q. Did you ever -- well, do you know if any letters were sent

17 cc'ed to you in June of 1996?

18 THE COURT: Do you mean by the Leventhals?

19 MR. BRESSLER: By the Leventhals.

20 THE COURT: OK.

21 MR. BRESSLER: Sorry.

22 A. Not as I recall.

23 MR. BRESSLER: Plaintiff's Exhibit 21 should still be

24 up here.

25 THE COURT: It was there but my copy, I took it back.

SOUTHERN DISTRICT REPORTERS, P.C.

212-805-0300

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1 If you want me to show 21 to the witness, I will be happy to

2 do that.

3 I am handing you Plaintiff's Exhibit 21, Mr. McElroy.

4 THE WITNESS: Yes, ma'am.

5 THE COURT: All right. He has the copy now,

6 Mr. Bressler. What is your question?

7 BY MR. BRESSLER:

8 Q. Do you recall receiving this letter?

9 A. No, I do not.

10 Q. OK. Was it cc'd to you?

11 A. It indicates on the last page that I was on the cc

12 routing, but I don't recall receiving it.

13 Q. Well, do you know if it was sent certified mail, return

14 receipt requested?

15 A. The only way I have of knowing that is a postal receipt

16 that's before me on Exhibit 21.

17 Q. Now, is this the first time you are seeing this letter?

18 A. Yes.

19 Q. OK. Well, were you -- at the time you approved the

20 termination of Ms. Leventhal, were you aware of her physical

21 condition?

22 A. I was aware that she had multiple sclerosis on the

23 statements of the supervisors but not her physical condition.

24 Q. Well, were you aware that she sent medical reports to the

25 Immigration and Naturalization Service?

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1 A. No.

2 Q. Were you aware she sent an MRI report to the Immigration

3 and Naturalization Service?

4 A. No.

5 Q. Were you aware that she sent, in addition to the letter

6 you're holding, numerous other letters to the Immigration and

7 Naturalization Service?

8 A. No.

9 Q. Were you aware that she called in, both her and her

10 husband, several times that she was sick with multiple

11 sclerosis?

12 A. No.

13 Q. Was the fact that she had multiple sclerosis and was

14 suffering from multiple sclerosis relevant to your decision to

15 terminate her?

16 A. Well, as indicated earlier, I also have multiple

17 sclerosis. My rationale behind terminating the probationary

18 employee was that it was felt that she was not fulfilling the

19 mission of the service and was not accomplishing the tasks in

20 an efficient manner, not that she had multiple sclerosis.

21 Q. Well, was one of the reasons she was terminated the fact

22 that she was marked AWOL?

23 A. I don't think that was a heavily weighted decision. It

24 was more performance rather than presence.

25 THE COURT: But do you know if it was a factor?

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1 THE WITNESS: I don't recall it being a major factor,

2 ma'am.

3 THE COURT: I didn't ask "major."

4 Do you recall if it was a factor?

5 THE WITNESS: I don't recall.

6 THE COURT: OK.

7 BY MR. BRESSLER:

8 Q. Do you believe that -- in that letter of termination, do

9 you use a phrase "shows poor dedication to her job"?

10 A. I see is that in paragraph 2 of the letter that was

11 formulated by Labor Relations staff in the Houston region,

12 that they mention that "unscheduled sick and emergency annual

13 leave indicated lack of dedication to your position."

14 Q. OK. And you signed that letter and adopted that as your

15 own view and opinion and decision, isn't that correct?

16 A. Through my signature, yes.

17 Q. OK. So do you believe an employee who is sick and can't

18 come to work because of multiple sclerosis demonstrates poor

19 dedication to her job?

20 A. Not necessarily.

21 Q. OK. But you did sign the letter that says that?

22 A. Well, you are framing the issue, counselor, that it's

23 already a given fact that that's why she didn't come. I don't

24 know that.

25 Q. Mr. McElroy, you -- well, of the people that were at that

SOUTHERN DISTRICT REPORTERS, P.C.

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1 meeting, the only person who was familiar firsthand with

2 Mrs. Leventhal's work was Ms. Grant, isn't that correct?

3 I'm sorry, I'm referring to the meeting in which you

4 decided to terminate Ms. Leventhal.

5 A. I would say that Brenda Grant had the most immediate

6 knowledge. I don't know that other supervisors had occasion

7 to review her work.

8 Q. OK. Well, wasn't it your testimony that you relied on the

9 memo prepared by Ms. Grant in making your termination

10 decision?

11 A. Yes.

12 Q. Now, at the time this decision was made, isn't it correct

13 that Ms. Leventhal's first-line supervisor was not Ms. Grant?

14 A. I don't know that.

15 Q. OK. Do you know who her first-line supervisor was?

16 A. No.

17 Q. OK. And isn't it the case that a person's first-line

18 supervisor would have more information and knowledge and so

19 forth to make such a decision as termination?

20 A. Usually that is the case.

21 Q. OK. But you don't know what was the case for

22 Ms. Leventhal in this --

23 MR. FISHER: Objection. Asked and answered.

24 THE COURT: I will allow it.

25 A. Yes. As indicated earlier, I said I don't know who her

SOUTHERN DISTRICT REPORTERS, P.C.

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1 first-line supervisor is.

2 Q. OK. Now, you said you have known Ms. Grant for many

3 years, and you -- I should say, you've worked with Ms. Grant

4 for many years at INS.

5 A. No. I said I've known Ms. Grant for approximately 15

6 years while working in the New York District.

7 Q. Do you know the reason why she left the New York District?

8 A. No, I did not discuss that with her.

9 Q. OK. Do you agree with her management style?

10 A. Not having worked with Ms. Grant or underneath Ms. Grant

11 to view her management style, I could not make an observation

12 of it. However, I have not heard any critiques adversely

13 relating to her managing style.

14 Q. OK. Do you recall in this termination meeting, do you

15 recall anyone discussing Ms. Leventhal's religion?

16 A. No.

17 Q. Well, but they did discuss the fact that she has MS?

18 A. Yes.

19 Q. Do you recall what was said about her MS?

20 A. Just that she had it.

21 Q. OK.

22 MR. BRESSLER: All right. I have nothing further.

23 Thank you.

24 THE COURT: Thank you, Mr. Bressler.

25 Anything further of this witness?

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1 MR. FISHER: No, your Honor.

2 THE COURT: Thank you, Mr. McElroy, you are all done.

3 (Witness excused)

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