Giuliani Slams Bill Clinton on Terrorism

Greetings. I don't think Giuliani has a chance in the world of winning if he gets the nomination. It's extremely probable that a third-party spoiler candidate will emerge from the right if Giuliani represents the GOP in the general election. He loses social conservatives, and he also loses libertarian conservatives -- that's two thirds of the Reagan coalition. And he certainly doesn't pick up the Reagan democrats. So who is going to make up for the votes he loses, and then some more to put him over the top?

Giuliani's outright hostility toward the Constitution is not yet widely known. Below are just some examples (the list grows almost daily -- calcowgirl, I've tried to keep up with it, but please let me know what I've missed; I think I may have a version-control problem.)

BILL OF RIGHTS

Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Giuliani supports campaign finance "reform." He also banned the New Yorker's ads on public buses because the ads poked fun at him. Even though he is a public figure, he actually tried to claim authority over how his name is used -- imagine the precedent that would set if he had won.

Amendment II: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Non-renewal of gun permits for law-abiding New Yorkers whom even Dinkins allowed to remain armed; lawsuits against gun manufacturers; pushing national gun liscensing; responding to a terrorist attack during his watch (attack at Empire State Building) by calling for more restrictive gun laws; stating that people should have to demonstrate a good reason to have a gun.

Amendment III: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

I know of nothing that Rudy has said or done on this front. It's possible that he supports Amendment III.

Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

He supported unreasonable searches based solely on anonymous tips (and was overturned by the courts). He proposed collecting the DNA of all newborns. That's just off the top of my head -- Rudy does not have a good record on Amendment IV.

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Rudy supports seizure of property from those acquitted of a crime. Rudy repeatedly used eminent domain for the benefit of private developers. It's a big NO on Amendment V.

Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Many people whose property he seized in NYC did not receive trials at all; the city later had to return many of the vehicles because the courts ordered immediate hearings and backlog made it impossible to satisfy the ruling. I believe there may also be some problems reconciling Rudy's use of RICO and his support of a more extensive PATRIOT Act with Amendment VI. This requires additional research.

Amendment VII: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Need more research on this one. There may be problems both with property forfeiture and with RICO similar to Amendment VI.

Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Losing one's property upon being accused of a first offense, even when acquitted, can be considered imposing excessive fines.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

See my tagline. Rudy doesn't believe you have the right to do anything the Constitution doesn't explicitly say you can do (i.e., his understanding is the complete opposite of the way our Founding Documents actually work).

Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Federal gun laws are just one example of his antipathy to federalism and states' rights, not to mention individual rights.

OTHER CONSTITUTIONAL PROBLEMS

Article I, Section 10 - Powers prohibited of States: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

He supported seizure of property belonging to those acquitted of crime, which is the definition of bill of attander.

Article I, Section 8 - Powers of Congress

-snip-

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

-snip-

AND Article 6. - Debts, Supremacy, Oaths: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

He defied the feds on immigration, even though the Constitution clearly defines anything related to naturalization as a power of the federal government; and anything that is explicitly declard a power of the federal government by the Constitution trumps state and city action via the Supremacy Clause (the Supremacy Clause is greatly abused, but in this case immigration is the lawful responsibility of the feds).

And below are some examples of past Giuliani hires/appointees. His history of appointing vastly unqualified and corrupt cronies alone precludes him from being good on national defense (even if he had any foreign policy experience, which he doesn't):

He appointed high school dropout and former driver Bernard Kerik to NYC Police Commissioner and pushed him for Homeland Security Chief. Kerik turned out to be corrupt and mob-connected. Giuliani later testified that he had been briefed on Kerik's lawbreaking -- yet he pushed him for the top anti-terrorism post in the country, and then went into business with him.

For NYC Chancellor of Education, Giuliani pushed Leon Goldstein, who later was forced to withdraw his candidacy in disgrace because of allegations that he lied about his qualifications.

http://query.nytimes.com/gst/fullpage.html?res=990CE0DB1539F93BA1575AC0A963958260

In 1995, Giuliani pushed Leonard Piccoli to an executive director job in NYC's public hospitals organization, despite the fact that Piccoli had been forced to resign from the same job in 1985 due to alleged substantial contracts and ethics violations.

http://query.nytimes.com/gst/fullpage.html?res=990CE6DC1739F93AA25756C0A963958260

One of Giuliani's closest political allies in NYC, Guy Velella, pled guilty to and served time for taking bribes in return for awarding government contracts.

''I endorsed him, I support him, I've worked with him, I know what a good job he's done for New York City and for the Bronx,'' Mr. Giuliani said. The mayor said he thought the disclosures about the criminal investigation would not seriously damage the senator.

http://query.nytimes.com/gst/fullpage.html?res=9B02E3DF1639F930A35752C1A9669C8B63&n=Top%2fReference%2fTimes%20Topics%2fPeople%2fV%2fVelella%2c%20Guy%20J%2e http://www.villagevoice.com/news/0420,robbins,53585,5.html

Giuliani's Probation Commissioner Raul Russi, and Deputy Probation Commissioner Louis Gelormino, later were dismissed from their jobs under Bloomberg because of their involvement in Velella's early release from jail.

http://select.nytimes.com/gst/abstract.html?res=F10914FA355F0C708DDDA90994DC404482&n=Top%2fReference%2fTimes%20Topics%2fPeople%2fV%2fVelella%2c%20Guy%20J%2e

After Ray Harding, head of NYC's Liberal Party, endorsed Giuliani, Giuliani appointed his son Russell Harding to head NYC's Housing Development Corporation -- even though Russell Harding was a college dropout with no experience in housing or finance (Giuliani chose a second son, Robert, as NYC's budget director, and later promoted him to deputy mayor). Russell Harding later pled guilty to embezzling hundreds of thousands in public funds, and to possessing child pornography.

http://www.villagevoice.com/news/0512,robbins2,62314,5.html

The Russell case brought down another of Giuliani's top appointees. Giuliani appointed Richard Roberts NYC Housing Commissioner, and Chairman of the Health and Hospitals Corporation; Roberts was later convicted of perjury related to a $38,000 SUV Russell Harding bought him with city funds.

http://www.villagevoice.com/news/0436,robbins2,56554,5.html

Giuliani appointed his lifelong friend, Louis Carbonetti, Commissioner of NYC's Community Assistance Unit. Carbonetti was forced to resign when news came out that he had allegedly failed to disclose more than $100,000 in business debts and back taxes and held two driver's licenses with slightly different names at the same time. He pleaded guilty in 2004 to perjury. Carbonetti's son, Anthony Carbonetti, was Giuliani's chief of staff and is now his senior political adviser.

http://www.newsday.com/news/local/longisland/politics/ny-lijani255229113may25,0,729089.story?coll=ny-lipolitics-headlines

Giuliani's friend Alan Placa was hired on at Giuliani Partners after Placa, a Long Island Priest, was barred from the ministry because of allegations of sexual abuse and using his role as a spiritual adviser to gain information from victims to strengthen the diocese's legal position.

http://www.poynter.org/column.asp?id=46&aid=19106

When Giuliani promoted Kerik to Police Commissioner, he appointed William J. Fraser to replace him as Correction Commissioner. Fraser resigned in 2002 amid reports that he had paid Correction employees to work on his home, and had allegedly pushed them to work on Pataki's reelection campaign.

http://select.nytimes.com/gst/abstract.html?res=F60A13F73C5C0C748EDDA80994DA404482

Anthony Serra, a Giuliani campaign volunteer and high-ranking official in Giuliani's Dept. of Correction (in charge of all the jails on Riker's Island), resigned after being charged with stealing city property and ordering correction officers to renovate his home.

http://select.nytimes.com/gst/abstract.html?res=F40913FB395B0C728DDDAC0894DB404482&n=Top%2fReference%2fTimes%20Topics%2fOrganizations%2fR%2fRikers%20Island%20Prison%20Complex

In 1994, Giuliani appointed Anthony Schembri to Correction Commissioner. Shembri resigned a year later after disclosures that used a workday to make a paid speech in Atlantic City, had the city regularly pay overtime and tolls for department drivers on errands to Rye, N.Y., where he had been Police Commissioner, and broke the law by never establishing a residence in the City. Shcembri went on to head Florida's troubled Juvenile Justice Dept.

http://query.nytimes.com/gst/fullpage.html?res=9C02E0D71630F937A15752C1A962958260

http://www.sptimes.com/2004/05/13/Citrus/Colleagues__friends_h.shtml

Giuliani hired former Corrections Dept. Chief of Staff John Picciano at Giuliani Partners. Picciano, a close friend of Kerik's, was accused of assaulting his girlfriend and threatening her with his gun in 1998. But he was never arrested. According to Terrence Skinner, a retired corrections supervisor, "{Kerik} told me that I should basically pretend it never happened." Picciano left Giuliani Partners one day after Kerik abruptly resigned.

http://www.officer.com/article/article.jsp?id=19361&siteSection=1

Giuliani appointed Michael Carey, a son of former Gov. Hugh L. Carey, to head NYC's Economic Development Corp. According to a "scathing" audit covering the last 18 months of Giuliani's administration and the first six months of Bloomberg's, the organization was used as a "little bank account for the mayor's office" -- paying for mayoral aides' cars, lavish parties and out-of-town trips. For example, the audit states that it paid more than $11K for Carey's going-away party, and $7K for the going-away-party of Catherine Giuliani, the organization's chief of staff. It also bought at least 11 cars for the mayor's office during Giuliani's administration.

http://query.nytimes.com/gst/fullpage.html?res=9900E2DC143FF933A25753C1A9659C8B63

http://www.accessmylibrary.com/premium/0286/0286-8873007.html

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