Giuliani Continues to Evade Questions about Knowledge of Kerik-Gate

Despite evidence showing that Rudy Giuliani knew about Bernard Kerik's ethical problems and still promoted his once-close friend throughout his career, Rudy astonishingly continues to claim ignorance. As Kerik prepares to surrender to federal authorities tomorrow for tax fraud, corruption and conspiracy charges, Giuliani has yet to explain why he shepherded Kerik's career while an ethical cloud hung over his head.

While Bernard Kerik was New York City's Corrections Department Commissioner appointed by Giuliani, he accepted $165,000 in gifts from an allegedly mob-linked construction firm. Giuliani has not disputed evidence presented to a grand jury that he was briefed on Bernard Kerik's relationship with that company before Kerik's appointment as New York City police commissioner. [New York Times, 3/30/07, 7/10/06; Newsday, 12/18/04]

Rudy Giuliani personally called President Bush and recommended former New York City Police Commissioner Bernard Kerik to be Homeland Security chief. According to the Washington Post, even as the nomination broke down amidst massive ethical questions, "Giuliani advised Kerik through the political storm."

"Rudy Giuliani's tough-on-crime mantra is laughable given that he promoted Bernard Kerik throughout his career while knowing about his ethical problems," said DNC Communications Director Karen Finney. "If Rudy really had no knowledge of Kerik's mob ties, then he is admitting to a level of incompetence that surely will worry voters. Voters are going to question Rudy Giuliani's judgment given his long time support for a man who is being investigated for mob ties."

BASICS OF THE INDICTMENT: Corruption, Conspiracy, Lying During DHS Nomination

Charges being deliberated by the federal grand jury "include tax fraud, corruption and conspiracy" [New York Times, 11/8/07]

• Mob Ties. "Some of the tax and corruption charges expected to be considered today by the federal panel stem from the renovations and Mr. Kerik's relationship with Interstate, including his efforts to lobby for the license on behalf of the company, which had hired his brother and a close friend, the people briefed on the case said." [New York Times, 11/8/07]
• Lying During DHS Nomination. "The charges are expected to include a count that accuses Mr. Kerik of having lied on his application to serve as Homeland Security chief," [New York Times, 11/8/07]

UNANSWERED QUESTIONS

How Exactly Did Rudy's Small Firm Assist With Kerik Papers At Issue In Felony Probe? With the nomination, "Giuliani's firm assisted in filling out the forms, according to a source familiar with the situation, and the papers are now an issue in the federal criminal investigation." Since Giuliani Partners is a small operation staffed almost exclusively by long-time Giuliani advisors, will any of them be implicated? [Washington Post, 4/8/07]

What Did Rudy Know And When Did He Know It? Still unclear is exactly what Giuliani knew about Kerik's long-time troubles, while he appointed him to be Corrections Commissioner, Police Commissioner, and then pushed him to be Secretary of Homeland Security, even as evidence of his problematic ties mounted.

• A Denial? At first he denied he knew about the mob ties when he nominated Kerik to head the NYPD in 2000.
• Then A Memory Lapse? More recently, Giuliani changed his story, not disputing evidence that he had been briefed on some questions, but saying he doesn't remember it either. According to The New York Times, Giuliani was briefed by the city's top investigator, who "knew that Mr. Kerik had intervened on behalf of a firm suspected of mob ties and that the commissioner's brother and best friend worked for the company." [New York Times, 11/3/07]

Why Did Giuliani Gut City's Department Of Investigation? The city Department of Investigation oversaw Kerik's "background checks." "The agency is designed to be semi-independent, but Mr. Giuliani had torn down that wall, senior investigators said, appointing friends like Mr. Kuriansky as commissioner and having them attend his morning meetings." [New York Times, 11/3/07]

DON'T FORGET: Giuliani Defended Kerik

Giuliani Knew Of Many Problems When Pushed Him For DHS, Advised Him Through Storm. The New York Times explained that "by the time Mr. Giuliani recommended him for the federal job, his administration knew that Mr. Kerik had acted on behalf of Interstate Industrial. It also knew that he had drawn criticism for a range of other incidents, from sending detectives to search for his lover's cellphone to using officers to research his autobiography." The Washington Post wrote that even as the nomination broke down amidst massive ethical questions, "Giuliani advised Kerik through the political storm." [New York Times, 11/3/07; Washington Post, 4/8/07]

DON'T FORGET: Kerik Has Long History Of Problems:

• 2006: Pled Guilty To Ethics Violations. In 2006, Kerik pled guilty in Bronx Supreme Court on two misdemeanor charges -- failing to report a loan and accepting $165,000 in apartment renovations as a gift. [New York Times, 7/1/06]

• 2002: Fine From Ethics Board. In 2002, Kerik was fined $2500 by the New York City Conflicts of Interest Board for using city police officers to research his autobiography, in direct violation of conditions the board had laid out for him. [Associated Press, 2/28/02]

• 2002: Kerik Wasted Reconstruction Funds In Iraq. After he and Rudy left office in 2002, Kerik was sent to Iraq by the Bush administration to help train Iraqi police, while he was affiliated with Giuliani through their joint security firm "Kerik's tenure in Iraq generated strong criticism of his management. Iraqi officials complained to U.S. authorities about $1.2 billion Kerik spent to train Iraqi police officers in Jordan, spending they called wasteful. Iraqis also questioned why Kerik spent tens of millions of dollars to buy weapons for Iraqi trainees when the U.S. military had confiscated plenty of such weapons after the invasion." [Washington Post, 3/31/07; 4/8/07]

• 2001: Kerik Used Apartment For 911 Rescue Workers For Extramarital Affair. "Three years later, after his federal nomination was withdrawn, it was discovered that he had used an apartment originally set aside for weary rescue workers at ground zero as a nest for an extramarital affair with Ms. Regan." [New York Times, 11/3/07]

• 2000: Kerik Mob Ties Long An Issue. Kerik's ties to Lawrence Ray and New Jersey's Interstate Industrial Corporation are a long-running issue. The firm had hired Kerik's best man, Lawrence Ray, as well as his brother Donald, and Kerik admitted lobbying for the company as it sought a city license, which had been refused because of the firm's ties to organized crime. Kerik pled guilty in 2006 to allowing to the company to do $165,000 in free renovations on his Bronx apartment in 1999 and 2000. The two brothers - Frank and Peter DiTommaso - who run the company have been indicted in the Bronx for lying under oath about their dealings with Kerik. Some aspects of Kerik's ties have been known since 2000. [New York Times, 3/30/07, 7/20/06; Washington Post, 4/8/07]

• 1997-2000: As Corrections Commissioner, Questionable Judgment. "Behind the scenes Mr. Kerik ruled like a feudal lord, many former employees have said. He had taken up with a woman who was a correction officer; he was accused of directing officers to staff his wedding. He befriended the agency's inspector general, whose watchdog responsibilities require keeping an arm's-length relationship, and the investigator attended his wedding. As the years passed, one of his top deputies was convicted of taking $142,000 from a Correction Department charity that Mr. Kerik headed. Another deputy, Anthony S. Serra, became a warden at Rikers Island even after he was accused of coercing officers to work on Republican campaigns. He was later convicted of forcing staff members to do campaign work and dispatching officers to renovate his upstate home." [New York Times, 11/3/07]