The Republican patronage machine was in full motion early in the Ronald
Reagan era, filling countless positions with the faithful. From his
high perch at the Justice Department, Rudy Giuliani was not always
willing to go along.
Senators accustomed to having their way with certain administration
appointments when their party took power bristled when Giuliani put
candidates for U.S. attorney on ice. Pennsylvania GOP Sen. Arlen
Specter complained directly to President Reagan that Giuliani ignored
his calls and stopped answering his letters.
South Dakota's Republican senators told Attorney General William
French Smith it was unacceptable for Giuliani to resist their choice of
a Reagan loyalist who had little experience in federal court.
"We were shocked last week to receive a letter from Associate
Attorney General Rudolph W. Giuliani indicating that the Justice
Department takes exception," Sens. James Abdnor and Larry Pressler
wrote, in papers released by the National Archives. The senators said
indignantly that their selection followed "the most democratic and open
procedure ever used in filling patronage positions in the state."
In another rebuff, Giuliani objected to a Connecticut senator's pick
for U.S. marshal, telling the lawmaker his candidate "appears to have
no law enforcement background."
Giuliani papers made public by the archives open a window into the
Republican presidential hopeful's work as the No. 3 official in the
Reagan Justice Department from May 1981 to June 1983. He was
responsible for criminal investigations and supervised the nation's
U.S. attorneys offices.
The agency released 56 boxes of correspondence and records from his
files in response to requests from researchers, while holding back
sensitive documents. The collection is prime study material for his
opponents in the 2008 campaign as well as for historians piecing
together the inner workings of the Reagan years.
Researchers still poring over the papers have not found a rash of
politically tinged firings of the kind that have jeopardized the job of
the current attorney general, Alberto Gonzales.
But hiring was often political and Giuliani routinely considered
requests to advance the favored candidates of senators, House members
and other partisans, in a process used with variations by successive
administrations.
The boldly named Federal Patronage Committee for the Republican
Party of Louisiana, for example, recommended judges for the state and
asked for the existing federal prosecutor to stay in place.
Giuliani met weekly with Paul A. Russo, Reagan's special assistant
for political affairs, and when Russo left the job, thanked him "for
your very important contribution in the selection of United States
Attorneys and Marshals."
The papers suggest Giuliani considered the legal qualifications of
the candidates and their FBI background checks, essentially screening
some out and passing others on to the White House.
"We will be attempting to select the best qualified person," he told
a Maryland attorney. "In addition, as part of this process, we have
been seeking individuals who share the Administration's law enforcement
concerns and goals."
A spokeswoman for Giuliani's presidential campaign, Maria Comella,
said Giuliani, in the Justice Department job, "was committed to
following the law and making the best decisions possible based on the
merits, without regard for partisan politics, which has no place in the
criminal justice system."
Giuliani was given direct authority to remove assistant U.S.
attorneys who did not measure up, but said the Justice Department would
not replace them as a result of the change in administrations.
"The Department's work is too important and complex to follow a policy that could lead to an abnormal turnover," he wrote.
In the South Dakota case, Giuliani apparently was unmoved by the
senators' pitch for Philip K. Hogen, who proclaimed his "devotion to
vigorous law enforcement and the principles for which a landslide of
American voters supported the Reagan Administration last November."
Hogen eventually got the job and served 10 years.
Giuliani also handled a dicey situation in Illinois, where GOP Sen.
Charles H. Percy put forward three prospects for federal prosecutor.
One of them subsequently proposed that violent prisoners be put in
comas and awakened decades later when it was time for them to get out.
He said nonviolent prisoners should be dressed in Day-Glo orange, have
their heads shaved and be forced to do menial jobs such as polishing
firefighters' boots.
The senator wrote to Giuliani saying he wanted to rethink his recommendation.
"We agree with you that this is a serious matter," Giuliani said.
Giuliani left as associate attorney general to become U.S. attorney
for the Southern District of New York. He replaced a Democratic
appointee who resigned after complaining bitterly that his Washington
bosses wanted to send prosecutors to try some of his cases.
That office is where Giuliani made his name fighting mob and
white-collar crime, his launch pad to the mayor's office and now his
bid for the GOP presidential nomination.
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Associated Press writer Ann Sanner contributed to this report.