The
Criminal Career of Rudy Giuliani
by
Paul Craig Roberts
by Paul Craig Roberts
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Republican
magazines have begun their pimp operations for the GOP’s 2008 presidential
candidates.
In a recent
issue of National Review, Jennifer Rubin, described as "a
freelance writer in Washington, D.C.," pumps up Rudolph Giuliani
as "America’s mayor" and "America’s prosecutor."
Giuliani is
a media creation. Giuliani was unknown until in search of name recognition
he staged a stormtrooper assault on the financial firm Princeton/Newport
involving fifty federal marshals outfitted with automatic weapons
and bulletproof vests. On another occasion he had two New York investment
bankers hauled off their trading floor in handcuffs.
Giuliani’s
victims had done nothing and were exonerated. But Giuliani’s media
stunts served to turn public sentiment against white-collar defendants.
Giuliani once
bragged that by giving negative treatment to his targets, "the
media does the job for me." Giuliani certainly had no difficulty
manipulating Wall Street Journal reporters James B. Stewart,
Daniel Hertzberg and Laurie Cohen or The
Predators’ Ball author Connie Bruck. Milken, who had done
nothing except make a lot of money by proving Wall Street wrong
about non-investment grade bonds, was branded the "Cosa Nostra
of the securities world."
Milken’s "junk
bonds" financed such household names as CNN, Barnes & Noble,
Stone Container Corporation, Time-Warner, Safeway, and Mattel. Milken
provided capital to companies with promising futures that lacked
investment-grade credit rankings. Milken operated out of Los Angeles,
not Wall Street. His earnings and those of his upstart firm, Drexel
Burnham Lambert, aroused envy and hatred among the Wall Street hot
shots. Milken failed to use his money to purchase political protection
in Washington. Instead, he gave his money to organizations that
help poor black children.
Milken was
set up perfectly for an ambitious and unscrupulous prosecutor like
Giuliani.
Giuliani leaked
to his media pimps that a 98-count indictment was coming down against
Milken. As Milken had done nothing and Giuliani had no case against
him, Giuliani’s strategy was to coerce Milken into a plea bargain.
When Milken failed to send his attorneys to work out a plea arrangement,
Giuliani used Laurie Cohen to report eighteen times in the Wall
Street Journal that Milken would imminently face an expanded superseding
indictment of between 160 and 300 counts.
To increase
the pressure on Milken, prosecutors threatened to indict Milken’s
younger brother, Lowell, unless Milken made a plea deal. US Attorney
General Dick Thornburgh quipped to his deputies: "A brother
for a brother." Afterwards, Giuliani’s assistant US attorney,
John Carroll, told Seton Hall Law School students in April 1992
that Lowell Milken was a "sort of ready chip in the negotiations."
Giuliani even went so far as to send FBI agents to hound Milken’s
92-year old grandfather.
Milken’s attorneys
concluded that Giuliani, lacking any case, was far out on a limb
and desperate for a face-saving plea. They worked out a plea to
six minor technical offenses that had never carried any prison time.
But Giuliani was determined to have his victim, and Milken was double-crossed
by sentencing judge, Kimba "Bimbo" Wood, and spent two
years of his life in prison.
Giuliani’s
assistant US attorney John Carroll later bragged to Seton Hall Law
students that in the Milken case "we’re guilty of criminalizing
technical offenses. . . . Many of the prosecution theories we used
were novel. Many of the statutes that we charged under . . . hadn’t
been charged as crimes before. . . . We’re looking to find the next
areas of conduct that meets any sort of statutory definition of
what criminal conduct is."
It is a damning
indication of the collapse of American law that an assistant US
attorney can be well received when he brags to law school students
that federal prosecutors frame Americans with novel interpretations
that create ex post facto law and violate mens rea no crime
without intent the foundation of the Anglo-American legal system.
In his book,
Payback:
The Conspiracy to Destroy Michael Milken and His Financial Revolution,
University of Chicago law professor and dean Daniel Fischel proves
Milken’s innocence. But when prosecutors are corrupt, innocence
is no protection.
Giuliani’s
crimes were not limited to Milken and Princeton/Newport. After investigating,
I concluded that Giuliani framed Leona Helmsley with the suborned
perjury of one of Helmsley’s accountants, whose own infraction in
helping to defraud the Miller Brewing Company was dropped in exchange
for false witness against Helmsley.
I wrote about
Helmsley’s frame-up in National Review, and my story was
picked up by one of the TV shows of the era. Both Alan Dershowitz
and Robert Bork share my conviction that Helmsley was framed with
suborned perjury.
Today National
Review is a Giuliani partisan, as is the editorial page of the
Wall Street Journal. During Giuliani’s "white-collar
crime heyday," the Wall Street Journal editorial page
was busy exposing Giuliani’s duplicity and misuse of the media to
create cases against innocent targets.
Giuliani rode
his prosecutions of the rich to the NYC mayoralty, just as he rode
9/11 to become a GOP presidential candidate. Giuliani’s career never
served justice; it served his personal ambition, his ego. That a
person so short on integrity could become a candidate for president
is a damning indictment of the US political system.
The
account of Giuliani’s prosecution of Milken comes from my book with
Lawrence Stratton, The
Tyranny of Good Intentions.
May
11, 2007
Paul
Craig Roberts [send
him mail] wrote the Kemp-Roth bill and was Assistant Secretary
of the Treasury in the Reagan administration. He was Associate Editor
of the Wall
Street Journal
editorial page and Contributing Editor of National
Review. He
is author or coauthor of eight books, including The
Supply-Side Revolution
(Harvard University Press). He has held numerous academic appointments,
including the William E. Simon Chair in Political Economy, Center
for Strategic and International Studies, Georgetown University and
Senior Research Fellow, Hoover Institution, Stanford University.
He has contributed to numerous scholar journals and testified before
Congress on 30 occasions. He has been awarded the U.S. Treasury's
Meritorious Service Award and the French Legion of Honor. He was
a reviewer for the Journal
of Political Economy
under editor Robert Mundell. He
is the co-author of The
Tyranny of Good Intentions.
He is also coauthor with Karen Araujo of Chile: Dos Visiones
– La Era Allende-Pinochet (Santiago: Universidad Andres Bello,
2000).
Copyright
© 2007 Creators Syndicate
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