
06/01/2025
A Call for Justice: Why President Trump Should Pardon James Marcello
(By Joseph Fosco)
Dear Americans, especially those who share President Donald Trump’s commitment to exposing systemic corruption, I urge you to join me in a vital cause. The pardon of James Marcello, unjustly crushed by Chicago’s biased legal system, is a matter of moral urgency. As a Chicagoan who has faced the city’s organized crime underworld, I have seen how traitors dodge accountability while others, like Marcello, become scapegoats. My troubling encounters with the late DiFronzo brothers - and a couple of their associates - in the early 2000s revealed their betrayal, particularly John “No Nose” DiFronzo, who, like former Governor James R. Thompson in the Conrad Black case, appears to have escaped justice through special arrangements with U.S. Attorney Patrick Fitzgerald’s office, per court records and news reports. I advocate for Marcello’s pardon, not because I know him, but because his persecution mirrors the relentless attacks President Trump endured through baseless investigations, impeachments, and charges. This is a call to restore justice, and I ask you to act.
For nearly two decades, I have written about Chicago’s organized crime, not to fight crime, but to expose truth, unmasking figures like DiFronzo, whose treachery betrayed his associates. My methodical efforts to confront the DiFronzos’ deceit in the early 2000s clarified their duplicity, yet John DiFronzo, named but uncharged in the “Family Secrets” case, evaded prosecution. Similarly, Thompson avoided charges in Black’s 2007 fraud case, despite approving controversial transactions as audit committee chairman, claiming ignorance, per the Chicago Tribune (July 13, 2007). This leniency, which I believe stems from Fitzgerald’s selective discretion, contrasts sharply with Marcello’s harsh fate. My advocacy for Marcello, a stranger, is rooted in this insight. The forces that spared DiFronzo and Thompson, and later targeted Trump with a weaponized legal system, orchestrated an unfair trial against Marcello and his co-defendants in “Family Secrets”. My work may suggest I am a crime fighter, but my true battle is against betrayal and unfairness, fueling my plea for Marcello’s freedom.
The “Family Secrets” trial of 2007, prosecuted under Fitzgerald’s aggressive leadership, charged Chicago Outfit leaders, including Marcello, with racketeering and 18 murders, including those of Anthony and Michael Spilotro and Nicholas D’Andrea. Judge James B. Zagel, a Reagan-appointed jurist with a prosecutorial past, presided with a prejudice that favored conviction over impartiality. In 2009, Zagel sentenced Marcello to life in prison, finding him responsible for D’Andrea’s 1981 murder despite a jury deadlock, per Northern District of Illinois court records. The jury’s split, driven by doubts about Nicholas Calabrese’s credibility - a confessed murderer who secured a reduced sentence through a plea deal - underscored the case’s weakness, yet Zagel relied solely on this testimony, lacking physical evidence. This ruling, criticized by defense attorneys like Marc Martin, reveals Zagel’s bias, shaped by his Republican roots and Chicago’s cultural prejudice against Italian-Americans.
Zagel’s career was molded in Illinois’ GOP machine, serving as Illinois State Police Director from 1980 to 1987 under Thompson, alongside Republicans like Pate Philip and Henry Hyde, alive during the “Family Secrets” trial (Philip until 2021, Hyde until November 2007). Though Philip, a state senator, and Hyde, a congressman, did not directly influence the trial, their 1980s anti-crime stance, targeting Cook County’s Democratic machine and its Outfit ties, shaped Zagel’s early perspective. As State Police Director, Zagel likely knew of investigations into Brookwood Country Club in DuPage County, where my father, Armando Fosco, Sr., a Teamsters official, held a social membership. Brookwood, a hub for Cook County’s mob and political figures, clashed with DuPage’s Republican values, drawing scrutiny during Reagan’s anti-organized crime push, per Chicago Tribune archives (1980s). This exposure likely fueled Zagel’s prejudice against Italian-American defendants like Marcello, seen as relics of that era’s criminal stigma.
Chicago’s deep-seated anti-Italian-American sentiment, prevalent in the 1980s and amplified by “Family Secrets”, further tainted Zagel’s rulings. The trial reinforced stereotypes linking Italian-Americans to the mob, devastating communities like Little Italy, as I have championed for years. Zagel’s D’Andrea finding, bypassing the jury, reflects this cultural unfairness, punishing Marcello for his heritage as much as his alleged crimes. A striking parallel exists in Conrad Black’s case, where Black, prosecuted by Fitzgerald in 2007 for fraud, was pardoned by Trump in 2019 for prosecutorial overreach, per the White House (May 15, 2019). Thompson, who approved Black’s controversial transactions, escaped charges, a leniency Marcello was denied. Black’s pardon offers a clear precedent for Marcello, whose life sentence rests on a flawed judicial act.
A broader system of selective justice emerges in the “Family Secrets” and Blagojevich cases, driven by Fitzgerald and enabled by FBI Director Robert Mueller (2001 - 2013) and briefly Deputy Attorney General James Comey (2003 - 2005). Mueller’s FBI supplied Calabrese’s testimony and wiretaps for “Family Secrets”, while Comey’s DOJ oversight bolstered Fitzgerald’s early efforts, creating a prosecution-driven culture, per DOJ reports (2008). In Blagojevich’s case, Fitzgerald’s team, possibly bypassing the judge lottery to secure Zagel, targeted a Democratic governor, sentencing him to 14 years in 2011, per the Chicago Sun-Times (December 7, 2011). Both cases echo the unjust probes against Trump, driven by Mueller, Comey, and Fitzgerald, a DOJ elite targeting those outside the establishment.
Now 81, Marcello languishes at ADX Florence, a supermax prison known for its harsh conditions, enduring over a decade of punishment for a case marred by prejudice. Zagel’s D’Andrea finding, like Trump’s Russia probe, is prosecutorial overreach, sparing insiders like DiFronzo and Thompson while crushing others. Some may argue Zagel was a fair jurist, praised by peers like Chief Judge Rebecca Pallmeyer, per Law360 (2023), yet his rulings suggest a bias that demands redress. Trump’s supporters, who reject elite corruption, will see Marcello’s plight as a call to right this wrong. My fight against DiFronzo’s treachery drives my plea for Marcello, a victim of the same system that targeted Trump.
It is disheartening that prominent attorneys, aware of Marcello’s injustice and Trump’s potential to grant this pardon, have remained silent. I am not alone in knowing this story, yet I stand nearly alone in advocating for a man so wronged. Their inaction underscores the urgency for us, the people, to act where the legal community has faltered, pushing for justice with unwavering resolve.
President Trump, whose pardons of Black and others demonstrate bold compassion, can free Marcello. This act would resonate with Americans tired of DOJ overreach, from Chicago’s mob trials to Washington’s political vendettas, while honoring Italian-American communities unfairly stigmatized.
CALL TO ACTION! Americans, demand Marcello’s pardon. Share this article with friends and family. Let us end systemic unfairness, as I fought DiFronzo’s betrayal, and secure justice for James Marcello. President Trump, grant this pardon, and let fairness triumph!
(Joseph Fosco is a Chicago writer advocating for truth, drawing on his experiences with organized crime to expose systemic inequities.)
POSTSCRIPT CLARIFICATION MEMO:
To ensure accuracy, I wish to clarify certain details mentioned in the article. Marc Martin, referenced as a defense attorney for James Marcello in the “Family Secrets” trial, has since been appointed as an associate judge on the Cook County Circuit Court, effective May 10, 2014. He continues to serve in this role, having been reappointed for multiple terms, most recently noted in 2019, per the Illinois State Bar Association and Supreme Court of Illinois records. Additionally, to avoid any misconception that Pate Philip and Henry Hyde held office until their deaths, I note that Pate Philip retired from the Illinois State Senate in 2003, and Henry Hyde retired from the U.S. House of Representatives in 2007, per Chicago Tribune (November 24, 2021) and Associated Press (November 29, 2007). These clarifications affirm the article’s commitment to precision while reinforcing the urgent call for James Marcello’s pardon.
Joseph Fosco
Chicago, Illinois
June 2025