Did Pentangelli TECHNICALLY violate Omerta?

Yeah, he signed an affidavit, but it seems to have been largely under duress. He was charged with Murder One, Possession, Bookmaking, probably set up on those charges by Roth's people (He shows disdain for drug dealing earlier in the film, so I believe the drug charge was trumped up), and he and Cicci were convinced and misled into believing that Michael had them him up to be killed, basically betraying them to Hyman Roth for no reason despite years of loyal service--Selling their own Sicilian blood out to a "Jew in Miami".

Yes, he signed an affidavit, but when it came time to testify he didn't--Thus rendering his affidavit worthless and he claimed to not even really know Michael and that everything he told the FBI people was a lie. His testimony as it were actually HELPED Michael in that it destroyed the credibility of the case. It made the Senate's case look like a joke, a sham, that the Senate

I just think given the circumstances and the way ALL of them were played by Roth, he and Cicc' should've been given a pass. They were set up. They didn't go with the Feds out of malice, but to survive, under duresss: Either be killed by Michael (so they thought) or killed by the Rosato Brothers. Given the circumstances both likely felt there was no safe place left on the streets for them.

Frankie was probably one of the most loyal guys but he got scrweed over. I dotn think he had to die especially after he didnt end up testifying anyway. I mean ist not like he was gonna talk again

Yeah I truly doubt he would EVER have talked again. He seemed resigned to his fate. He seemed very reluctant to testify as it was, even before his brother showed up. He was banking on Michael taking the Fifth Amendment so that he wouldn't have to testify. He got royally screwed over by Hyman Roth and used as a pawn by Michael against Roth. He was misled. So was Michael and everyone else. He should've been given a pass. It wasn't like he was Roth's partner or like he conspired against Michael.

As I understand it, the code of silence basically states that you don't give information to the cops or the government EVER. Doesn't matter that it may have been under duress, or that he felt betrayed, or that he bottled it when it came to stating anything officially. Frankie talked, that's all that matters, and that's what mattered to Michael. Much the same as his attitude towards Fredo.

Of course, the whole point is that these codes are brutal & unreasonable anyway in the real world as they don't acknowledge the existence of any grey area. That Michael was operating in such a black & white fashion, & showing no mercy whatsoever, even towards his own brother who had been more naive than treacherous, just illustrates how much humanity he'd lost.

He admitted, confirmed and swore, in writing to legal authorities, that Michael Corleone was indeed the leader of a major crime organization in the United States directly ordering murders and various illegal activity. Frankie was a very likable guy, no doubt, but he did break omerta.

Sure Frankie violated Omerta. Even without an indictment of Michael, Frankie's affidavit would have given the government information they could use to continue investigating the Corleones.

With respect to giving Frankie a pass, I always remember a line from the book that is thought by Kay: "Michael was always fair." Michael, always fair but a crazy *&@%!#$*, couldn't kill his brother unless he killed all his other "enemies," too. And he was going to kill his brother....

Crazy Joe, the arguments you raise on Frankie's behalf would carry weight as "mitigating circumstances" at a sentencing in a court of law. But Mafia has its own law.
Though Frankie recanted, his affidavit jeopardized Michael and broke omerta. He had to die.

I agree. It's analagous to being a little bit pregnant.

Frankie's fate as it was was pretty much worse than death for a guy like him though: Probable life in jail. No access to the booze and broads he loved ever again. In a warped sort of way, I guess giving Frankie the incentive to commit suicide was sort of giving him a pass...Because his family would be taken care of and his legacy might be somewhat intact, basically as a guy who got fucked by Roth and the Feds and then did the 'right thing' by killing himself. It's warped but I guess compared to getting a corrupt prison guard to stab him in the gut, it's a pass.

Yes, there was a kind of "rough justice" in Frankie's suicide:

"Don't worry about a thing, Frankie Fiveangels."

"Thanks, Tom, thanks."

Yeah, thankfully he took the whole thing pretty well. He seemed to know what was in the cards once he turned over.