Rudy as prosecutor: the glorious career of a high-profile attorney

National Review, April 30, 2007 by Jennifer Rubin

EVERYONE knows Rudolph Giuliani as "America's mayor"--but prior to that he was arguably "America's prosecutor" as well. He spent 13 years as an associate attorney general, Assistant U.S. Attorney, and U.S. Attorney, compiling a genuinely impressive record of accomplishment in fighting the mob and public corruption. He was aggressive and innovative; his record suggests not only that he, in the words of a former colleague, "has a stubborn conviction about what he believes," but also that he knows how to implement those convictions. Giuliani's prosecutorial experience is thus an unappreciated but important piece of the case for his candidacy: that he has the proven leadership skills to be president.

In 1970, Giuliani became an Assistant U.S. Attorney in the Southern District of New York. After serving as chief of the Narcotics Unit, he prosecuted highly publicized police-corruption cases. In 1974, Giuliani's courtroom skills became part of prosecutorial legend in former congressman Bertram Podell's bribery trial. As the New York Times later recounted: "After hours of Mr. Giuliani's grueling cross-examination, Mr. Podell--quite calm at the start--became so flustered that he poked out a lens of his glasses, requested a recess and then pleaded guilty."

After private practice in the 1970s, Giuliani returned to public life in the No. 3 job--associate attorney general--in the Reagan Department of Justice. He was in charge of the U.S. Attorneys and Marshals, drug enforcement, immigration, and prisons. He spearheaded several substantial initiatives in this period. When he arrived, he explained to senior officials that the most pressing issue facing them was the federal government's failure to tackle violent crime, which was largely related to narcotics. As part of his reinvigoration of federal drug prosecution, drug-enforcement funding substantially increased, and the Drug Enforcement Agency was placed under the FBI. He also greatly expanded the federal drug task forces that were coordinating the efforts of multiple agencies, and increased cooperation with state and local authorities.

Giuliani revised the FBI's "Levi Guidelines" that set rules for domestic-terrorism investigations. A then-young attorney named John Roberts explained that the existing rules were the subject of "compelling criticism" to the effect that they "unduly constrain our ability to learn about truly subversive and dangerous individuals and groups in advance of violent activity." Attorney general William French Smith wrote in his memoirs that Giuliani's "careful and lengthy review" achieved the desired result: new security guidelines "designed to prevent abuses by government without preventing or discouraging government from combating the abuses perpetrated by terrorist groups."

As for his role in judicial nominations in this period, Giuliani has been careful to emphasize that he was the point man for nomination of U.S. Marshals and U.S. Attorneys, but not judges. Numerous senior officials who served with him confirm that in addition to daily senior-management meetings with the attorney general, which covered pending nominations, Giuliani attended the Tuesday meetings devoted to judicial selections and nominations. He would present his recommendations for U.S. Attorneys and Marshals but also offer his views on judges.

Did he share the administration's view that judges should eschew "making law from the bench"? Yes, according to his peers. "We were of one mind on this, that judicial nominees needed to be academically excellent and understand the role of judges," says Robert McConnell, who served as assistant attorney general for legislative affairs. Theodore Olson, then assistant attorney general for the Office of Legal Counsel and now with Giuliani's campaign, says he has discussed judicial selection with Giuliani for 25 years; he declares that he is "confident" that Giuliani adheres to the view that "it is important that appointees do judging and not lawmaking." Olson emphasizes: "I very much think he's got that."

In his memoirs, Smith says that Giuliani was "one of the most imaginative and successful persons" ever to hold the No. 3 position. Those I interviewed praise his ability to make decisions, and to lead. McConnell explains: "He would study an issue and come to a conclusion. He'd make a decision and then be willing to debate it and show his reasoning. He was almost enthusiastic to debate an issue. He would put his views and reasoning on the line." W. Bradford Reynolds, then-head of the Civil Rights Division, says Giuliani was "definitely a good lawyer" and "unafraid to take on the tough cases."

In 1983 Giuliani returned to New York as the Southern District's U.S. Attorney. McConnell recounts: "He came in and said Al D'Amato told him he would recommend he be nominated for U.S. Attorney for the Southern District. I said, 'So what?'--not thinking anyone would leave to take a job he now supervised. He said that ever since he was a little boy he wanted to be the U.S. Attorney in New York. I said I wanted to be a fireman when I was little but grew out of it." Giuliani explained that, other than attorney general, this was the best job a prosecutor could have. Many still consider it the premier U.S. Attorney's office, with some of the best lawyers and most interesting cases; it also enjoys significant independence from Washington.