SEXIS A122 "Manhattan Borough President David Dinkins vowed yesterday to mount a statewide political battle to preserve abortion rights, and predicted the issue would play a major role in the mayoral campaign. Dinkins, the front?runner in the Democratic mayoral primary, and feminists agreed taht abortion rights could be the issue that sinks the candidacy of the Republican front-runner, Rudolph Giuliani, because he opposes abortion." Daily News, 7/13/89 A-122 ABORTION A123 II, The one candidate we are absolutely, totally opposed to is Rudolph Giuliani,? said Francoise Jacombsohn, president of the New York City chapter of the National Organization for Women. ?We will work to keep this city pro-choice.? ??The abortion issue is [Giuliani?s] weakest point,? added Gale Brewer of the National Women?s Political Caucus. ?He could lose the election on that one issue.? Newsday, 7/13/89 A-123 AN TI-WOMAN CHARGE: RUDY GIULIANI IS ANTI-WOMAN. HE CANNOT BE TRUSTED TO PROTECT A RIGHT TO CHOOSE. CONTEXT: Rudy Giuliani?s difficulty with the abortion issue four years ago was among his greatest missteps during the mayoral campaign. After the Webster decision, abortion became a cutting?edge issue -- and Giuliani started out on the wrong side of the blade. By the time Giuliani got it right on abortion, it may have been too late to win back the women voters offended by Giuliani?s earlier pro-life issue. REBUTTAL STRATEGY: Simplicity is the best response to questions about abortion. Giuliani?s answer to abortion questions should always be succinct and to the point. Giuliani is pro?choice. He supports public funding for abortion. He will continue city funding for abortions at city hospitals. Nothing more, nothing less. Instead, most voters seemed to think all the explaining by Giuliani meant he was just another pro-life male politician trying to explain how he wasn?t anti-woman. This time, Giuliani should do much better. All indications are Giuliani has learned the abortion lesson from 1989. However, this much more he can do to win over undecided pro- choice activists. The most effective way to make conversions on the abortion issue is to present Giuliani?s record as a prosecutor. When Giuliani was US. attorney, he msecuted an abortion clinic A-124 bomber. The bomber went to jail and Giuliani helped to keep abortion safe and legal. Secondly, the campaign should make every attempt to emphasize Giuliani?s pro-choice tmltion during the campaign. David Dinkms will not be able to raise questions about what Giuliani will do about abortion if there is no question in voters? minds that Giuliani is pro- Dinkins. A-125 GIULIANI STRUGGLES WITH ABORTION The Cat?s Got His Tongue With every Democrat pro-choice While Rudy Giuliani?s voice Stays masked in moderation still, One wonders if the fellow?s ill Or simply loath to pick a side, What with a current lead that?s wide And Dinkins trying to finesse Those doings with the IRS. W.H. von Dreele New York Observer, 7/ 17?24/89 Giuliani gets caught pandering to conservatives on the abortion issue. "Back in February, when he was sull seeking the Conservative Party line, New York Newsday summed up what he told Conservative leaders: ?He was personally opposed to abortion, did not favor government funding or criminal penalties, did favor an exemption in cases of rape or incest, and was in favor of overturning the US. Supreme Court?s decision legalizing abortion, Roe vs. Wade.? ewsday, 7/ 14/89 Is this the language of a candidate who claims to be pro-woman and pro-choice? "Generally, I don?t feel very good about abortion. I don?t think it should be freely available and certainly don?t like the idea of abortion as birth control. Rudolph Giuliani, New York, 5/25/87 can?t escape my own conclusion that abortion involves the elimination of incipient human life or human life, whatever you want to call it. I don?t have the certitude of either the Supreme Court or the Catholic church about exactly how you define what?s in a woman?s womb. But I do believe it?s more than an arbitrary presence that at the whim of another human being, can be destroyed without any consequence. Rudolph Giuliani, New York, 5/25/87 A-126 In 1989, Giuliani underwent an election year conversion to become pro-choice. "My position on abortion is as follows: I support and will uphold a woman?s right to exercise a choice. . .l will oppose any attempt to make abortion illegal. Rudolph W. Giuliani, Speech to Women?s Coalition for Giuliani, 9/27/89 Giuliani?s also has waf?ed on public funding for abortion. First, he opposed it "He [Giuliani] is opposed to abortion, which is ?wrong,? but does not regard it as murder. ?The leap from there to what you do given the way we?re tragically divided by it - isn?t easy. I don?t think there?s a facile answer.? He said he would like to reduce the number of abortions through better education, but as a legislators, would be bound by the Supreme Court?s decrsion legalizing abortion. At the same time, he said, would vote against public funding for it, and against anything that would New York Times, 12/3/87 "Giuliani struggled to explain that, regardless of his feelings, he would not restrict abortion funding in the city or push for state limits on abortion." ewsday, 7/9/89 then he supporting it. will fund abortions to ensure that low?income women are not deprived of a right guaranteed to others. Rudolph W. Giuliani, Speech to Women?s Coalition for Giuliani, 9/27/89 advantage to change his affiliation to Republican (he had previously voted for George McGovern) and to come out against abortion. After several years of crime busting, he then found it to his advantage to reverse direction and begin inching back toward the center. mayor. After a number of sit-downs with Liberal Party boss Ray Harding, he issued a series of classifications so arcane they made U.S.-Soviet missile negotiations seem simple and straightforward. Near as anyone could make out, but, as a purely practical matter, he was now ready to make his peace With the status mayor, he said, he would do nothing, directly or indirectly, to reduce public financing or to The New York Observer, 7/17-24/89 When people didn ?t buy the ??ip??op strategy?, Giuliani adopted the ?Qnass-off strategy?. "Rudolph Giuliani, the leading Republican in the New York mayoral campaign, has his own pass-off-the-hot-potato approach, arguing that governors control abortion restrictions more than mayors do -- a questionable assertion when it comes to the abortion policies in New York City hospitals. US. News and World Report, 7/31/89 "Another squishy politician is Republican-Liberal Party candidate Rudolph Giuliani in New York, who tried washing his hands this week by claiming abortion is not a mayoral issue in a city that paid for nearly 25,000 poor women?s abortions last year. The Boston Globe, 7/7/89 David Dinkins, New York Post, Democratic Mayoral Debate, 7/26/89 "In the new Dinkins commercial, Mr. Kennedy, a Massachusetts Democrat, criticize Mr. Giuliani for calling for a reversal of the United States Supreme Court?s Roe v. A-128 Wade decision, which legalized abortion." New York Times, 10/26/89 "Manhattan Borough President Dav1d Dinkins vowed yesterday to mount a statewide political battle to preserve abortion rights, and predicted the issue would play a major role in the mayoral campaign. Dinkins, the front-runner in the Democratic mayoral primary, and feminists agreed that abortion rights could be the issue that sinks the candidacy of the Republican front-runner, Rudolph Giuliani because he opposes abortion." New York Post, 8/4/89 Ed Koch also has bashed Giuliani on abortion: . "?People who believe in a woman 5 right to to be fearful of Rudy Giuliani,? Koch has said. A Giuliani aide on Wednesday accused the mayor fearmongering. Associated Press, 7/7/89 feel when you give up your conscience, you give up your right to be respected and your place in the next world,? [Koch] said. New York Times, 11/1/89 Anti-choice position hurts Giuliani among Jewish voters "Giuliani?s strength has been sapped largely because of growing disapproval among Jewish voters with his opposition to abortion, the Daily News said. United Press International, 7/ 14/89 A-129 well as among women?s lights groups. "?The one candidate we are absolutely, totally opposed to is Rudolph Giuliani,? said Francoise - president of the New York City chapter of the National Organization for Women. ?We will work to keep this city pro?choice.? "?The abortion issue is [Giuliani?s] weakest point.? added Gale Brewer of the National Women?s Political Caucus. ?He could lose the election on that one issue.? Newsday, 7/ 13/89 A-130 AN TI-WOMAN DEFENSE: GIULIANI IS PRO-WOMAN MJD PRO-CHOICE. HE IRMLY SUPPORTS THE RIGHTS OF WOMEN, INCLUDING THE RIGHT TO AN ABORTION. HE ALSO SUPPORTS PUBLIC FUNDING FOR ABORTION. HE POSITION ON THIS ISSUE IS VERY CLEAR. ANY ATTEMPT TO DISTORT ADVOCACY OF RIGHTS OR REPRODUCTIVE RIGHTS IS UNFAIR AND HAS NO PLACE IN THE CAMPAIGN. Giuliani?s position on abortion has been consistent. "Giuliani?s position on abortion may be unpopular, but it?s a bad rap to accuse him of being inconsistent. Newsday, 7/ 14/89 "See, I don?t equate abortion with murdering a child, which I guess puts me in con?ict with the teaching of the Catholic church. Catholics in public office often make the mistake, a subtle but important one, of saying they agree with the teaching of the church, but because I?m in public office, I have to put conscience aside and enforce the law. They haven?t thought out the implication of what they?re saying. If you agree with the church, there?s no difference between murdering a one-year-old and eliminating a fetus -- it?s the same act. There is a moral consequence to the elimination of a fetus, but it?s not the same thing as murder." Rudolph Giuliani, New York, 5/25/87 The 1989 abortion defense -- it?s a non-campaign issue and an attempt to frighten women. "But Charles Perkins, Giuliani?s spokesman, said Giuliani would continue the abortion funding despite his personal beliefs. Said Perkins: ?The mayor is spreading disinformation[sic] to try to heighten the fears of women.? ?Abortion, he said, ?is not a mayoral issue.? Associated Press, 7/7/89 A-131 ?The mayor has no power in such areas abortion and the death penalty, but candidates? positions on these issues have been viewed as a litmus test by interest groups and political parties in this campaign. Newsday, 7/13/89 "?He will carry out the law,? Perkins added, and not just the letter of the law. ?The intent of the law is to make abortion available to women and he will continue to provide the funding.? "But Giuliani will not lobby the Legislature one way or another on abortion, Perkins said. "?He wants to lobby the L:egislature[sic] on issues the mayor has some control over, that directly impact his job as mayor, such as crime and corruption. He does not want to go lobby about at an issue that is a very personal issue and a moral issue,? Perkins said." United Press International, 7/5/89 In 1989, Giuliani was firmly pro-choice. made a terrible mistake on abortion last time,? Giuliani allowed. should have said I was pro?choice and stopped. But I spent so much time explaining the ideology and theology of how I reached my position, nobody understood what I was saying.? Jack Newfield, New York Post, 3/3/92 "He has a cosmopolitan View of abortion, opposing it personally but saying that politicians should not impose their moral views on others." Spy, November 1988 Giuliani prosecutes abortion clinic bomber. (See Appendix F?ll). 37?year?old fireworks expert was sentenced yesterday to seven years in prison for his role in the bombing of abortion clinics in New York City. "In a two-hour hearing the man, Dennis J. Malvasi, said he would not take part in such bombings again because of his loyalty to the Roman Catholic Church and to A-132 John Cardinal O?Connor. B. Jacobson, the assistant United States attorney who prosecuted the case, said Mr. Malvasi often brought small handguns for himself and other ?individuals with records? and supported himself by committing robberies. "?God knows how many he has committed,? Mr. Jacobson. "Judge Griesa, who reported receiving many letters advocating a harsh sentence, said he had considered several factors, including ?a clear effort and intent to avoid killing or banning other people? and Mr. Malvasi?s strong religious beliefs. New York Times, 9/3/87 A-l33 ANTI-GAY A134 "About 50 pickets organized by ACT-UP, an acronym for AIDS Coalition to Unleash Power paraded in a light rain in protest against Giuliani?s criticiuan[sic] of Mayor Edward Koch?s proposal to grant bereavement leave to unmarried couples, including gays who want to attend the funerals or wakes for their partners. "Koch later accused Giuliani of gay bashing.? "Demonstrators chanted, ?Rudy, Rudy, You?re So Crudie? and, ?Giuliani is a Bigot? and carried signs that read: ?Gay Bashing in Public Your Friend Behind Closed Doors.? "Jay Blotcher of ACT-UP said Giuliani ?is talking out of both sides of his mouth at this point, slamming the concept of gay partnership and bereavement rights. And now here he is inside (the restaurant) making nice with openly gay professionals. 13, 7/13/89 A-134 AN TI-GAY CHARGE: LIKE A LONG LINE OF REPUBLICANS BEFORE HINI, GIULIANI SUPPORTS A RANGE OF POLICIES THAT ARE INSENSITIVE TO THE CONCERNS AND NEEDS OF THE GAY COMMUNITY. ONTEXT: In 1989, Rudv Giuliani was repeatedly called anti?gay by gay groups and Mayor Koch, primarily because of his opposition to Koch?s order to give paid bereavement leave to homosexuals and his opposition to licensing gay marriage. Giuliani was also attacked because of his association with individuals -- like Bob Grant and Roger Ailes -- considered insensitive to gay concerns. This time around, while openly courting the gay vote, Giuliani will be vulnerable for his participation in the St. Patrick?s Day Parade and the distribution of free needles. REBUTTAL STRATEGY: Giuliani already has done much to soften his image with the gay community. The outreach strategy initiated by the campaign seems to have borne results. This type of activity needs to continue. Giuliani is pretty good on most issues of concern to gay and lesbian New Yorkers. Gay marriage really is the only issue where Giuliani opposes the gay agenda. The campaign needs to finesse the Rainbow curriculum issue. Many gays incorrectly View Rainbow as teaching tolerance in public schools. The campaign must make clear its interest in teaching tolerance, but that tolerance is not the real purpose of Rainbow. Politically speaking, the campaign should utilize Massachusetts Governor William Weld as a surrogate on gay and lesbian issues. Like Giuliani, Weld is a former federal prosecutor, Justice Department official and liberal Republican, committed to increasing the civil rights and legal protections of gays and lesbians. Ultimately actions speak louder than words. Dinkins? support for gay and lesbian issues merely amount to rhetoric. During the campaign, Guiliani should look for the opportunity through his actions to show that he will be an advocate for tolerance of all people. A-135 GIULIANI ON GAY AND LESBIAN ISSUES For openers, Giuliani does not view gay couples as a family. "Giuliani went on to explain that he grew up in a ?traditional family? and ?my definition of family is what it is. It does not include gay marriage as part of that definition. I am a very strong supporter of full and complete legal rights and protection for everyone, which includes opposing decisions based on sexual preference. Newsday, 7/11/89 Under pressure from gay activists, Giuliani?s position on paid bereavement leave for homosexuals has been all over the map. "Giuliani denied that he was ?gay-bashing? when he voiced, through a spokesman, his opposition to Koch?s proposed executive order to give unmarried couples the same four-day paid bereavement leave provided to married couples after the death of a partner." "Responding to Koch?s attack, Giuliani said: ?Nobody takes the mayor seriously any longer when he makes these racial, religious and ethnic comments, and therefore I am not going to seriously respond except to layout my position and record.? Newsday, 7/11/89 "Charlie Perkins, a spokesman for Giuliani, denied that Giuliani singled out gays and said he referred instead to ?roommates.? "?He believes that people who suffer the loss of loved ones should be given the time for bereavement,? Perkins said. "?But that time should come from personal or vacation time and not at a cost of city tax dollars,? he said." New York Post, 7/ 11/89 Then a non?position on bereavement. spokesman for Rudolph W. Giuliani, the other Republican candidate, said he ?would like to explore what could be done? about bereavement leave, perhaps at the discretion of commissioners, but that he was also concerned about the financial impact of such a policy. New York Times, 8/8/89 A ?ip-?op on bereavement leave? Either "Rudolph Giuliani, despite his moderately pro-choice positions, frightened gays with his anti-abortion principles. When he opposed Koch?s bereavement leave plan, gays picketed him, and most of his remaining gay support disappeared, even though he later backtracked. emphasis added, Newsday, 9/20/89 way, ACT-UP and Koch attack Giuliani as a gay-basher. "About 50 pickets organized by an acronym for AIDS Coalition to Unleash Power paraded in a light rain in protest against Giuliani?s criticiuan[sic] of Mayor Edward Koch?s proposal to grant bereavement leave to unmarried couples, including gays who want to attend the funerals or wakes for their partners. "Koch later accused Giuliani of ?gay bashing.? "Demonstrators chanted, ?Rudy, Rudy, You?re So Crudie? and, ?Giuliani is a Bigot? and carried signs that read: ?Gay Bashing in Public -- Your Friend Behind Closed Doors.? "Jay Blotcher of ACT-UP said Giuliani ?is talking out of both sides of his mouth at this point, slamming the concept of gay partnership and bereavement rights. And now here he is inside (the restaurant) making nice with openly gay professionals.? United Press International, 7/13/89 Giuliani continually surrounds himself with gay-bashers. In the U. S. attorney ?s office, he hired anti-gay attorney James McGuire. "James McGuire, 37, a graduate of Yale and Harvard Law School and a Rhodes Scholar, seemed destined for a bright future as an assistant U.S. attorney in the office where he was hired by Obermaier?s predecessor, Rudolph Giuliani, in 1987. A-l37 "But today McGuire?s fate apparently rests on unanswered questions about his integrity including charges that he may have used fabricated evidence to prosecute several gay en on serious drug charges in what the alleged victims say was an act of gay?bashing. "Justice Department officials asked Judge Kevin Duffy to drop the charges after they determined that McGuire and two Internal Revenue Service agents, identified in court documents as Frank Primerana and Holly Cusick, used ?apparently falsified? evidence -- which they would not disclose against the gay men. The officials said a criminal investigation is proceeding. "The controversy marked McGuire?s return to the headlines after more than a year. He was placed on administrative leave with pay on Feb. 8, 1991, after he was identified as the source of allegations that Obermaier imprOperly collected contributions for Sen. Alfonse D?Amato from a Manhattan securities firm. Some sources said McGuire had tried to open his own probe. "But at least one source said Giuliani sent a character reference for him to Justice Department officials. "During the Feb. 7 hearing in the Mailman case, an agitated Judge Duffy blasted McGuire, who was not present at the hearing, saying always thought he was an obnoxious little twerp anyway.? He later refused to clarify his remarks." Newsday, 2/ 17/92 "Mr. Mailman?s affidavit said that the former prosecutor, James J. McGuire, who prosecuted him and Mr. Nachman, told him he was ?indicted because he was gay and that the Government was interested in penetrating the gay community."' New York Times, 10/22/92 In 1989, he campaigned with gay-basher Bob Grant "Members of the Gay Lesbian Alliance Against Defamation Inc. are calling Rudolph Giuliani?s campaigning with popular WABC talk radio host Bob Grant the equivalent in offensiveness to Jesse Jackson campaigning with Louis Farrakhan, said GLAAD spokeswoman Karen Schwartz, who added: ?Or to be more current, [it would be the equivalent of David] Dinkins campaigning with Farrakhan. He [Grant] is relentlessly homophobic.? Grant sees it somewhat differently, however. ?Excuse me. . .but were they on the verge of supporting Rudy? If they can prove I?ve ever said anything so awful, I?ll stab myself. Rudy and I have never discussed the issue. A-138 What? I can see it of homosexuals stopping in their tracks and changing their vote. Come on, give me a break.? Giuliani?s office didn?t call us back. Newsday, 11/6/89 partied with gay-basher Roger Ailes. "Relations between gay activists and Republican?Liberal mayoral candidate Rudolph Giuliani - tepid at best during this election season - hit a low point yesterday, when a 23-year-old activist filed assault and harassment charges against Giuliani?s chief media adviser, Roger Ailes." "?Ailes grabbed me in a stranglehold,? said the complainant, ACT-UP member Kevin Ottersten, who claimed to be a ?professional activist.? ?We were shoved and beaten.? police spokesman, Sgt. Raymond O?Donnell, said Ailes could face a third?degree assault charge, a misdemeanor[sic] punishable by up to one year in jail." ewsday, 10/26/89 In the last few years, needle exchange programs have become a rallying point for gay rights organizations. Giuliani has come out against free needles for city drug addicts. ?We have to assume there will be more cases than expected. If AIDS doesn?t grow exponentially, we can use the beds and programs for other health problems. As for distributing clean needles, I think it is a grave error. It assumes that heroin-users are responsible people. But say a heroin addict gets a clean needle from the city - what do you think happens to that needle? The addict uses it a few more times, leaves it somewhere, hands it to another addict, sells it as a clean needle - you might end up with a situation where there are more unclean needles in circulation than there are now. It reminds of the kind of programs we had in the sixties: A great purpose, but it ignores human nature.? New York, 3/6/89 A-l39 AN . DEFENSE: GIULIANI OUTSTANDING RECORD OF PUBLIC HAS BEEN BUILT ON THE REPUTATION OF PROVIDING EQUAL PROTECTION TO ALL CITIZENS -- THIS INCLUDES GAYS AND LESBIANS. AS MAYOR, GIULIANI PLEDGES TO PROTECT ANY CITIZEN DISCRINIINATED AGAINST ON THE BASIS OF SEXUAL PREFERENCE. Throughout his life, Giuliani has sought to protect the rights of all citizens, regardless of race, heritage, or sexual orientation. As mayor of New York, Giuliani seeks to represent all citizens. The 1989 charge that Giuliani did not support bereavement leave was unfair. He did support granting bereavement leave for peOple who suffer the loss of a loved one, but not at the expense of the city. In addition, Giuliani was out in front last year supporting civil damages for victims of bias assaults. "Giuliani also said that he, like Koch and other candidates for mayor, opposes gay marriages. But he said he, like the others, would seek to protect anyone discriminated against on the basis of sexual preference. Daily News, 7/11/89 am offended deeply at being categorized as a gay basher,? he said. think its unfair it?s almost like being charged with racism or immoral conduct.? "He told gays they should not be tiffed because he does not believe that woman and a woman -- can ever be a family. It?s not personal, he said, ?it just is New York Post, 7/ 14/89 Support for civil damages in anti-bias assaults. "Mr. Giuliani is also acutely aware of the importance of symbolism when it comes to attracting New York?s rainbow of voters. The former Federal prosecutor got together A-140 two weeks ago with four Republican City Council members to endorse a proposed city bill that would enable victims of bias attacks, including homosexuals, to seek civil damages of as much as $100,000 from their attackers through the city?s Human Rights Commission. New York Times, 12/13/92 "Giuliani joined Council Minority Leader Alfred Cerullo of Staten Island, Manhattan Republican Charles Millard and Queens Republicans Michael Abel and Tom Ognibene in backing Freed?s bill. Cerullo said the council?s fifth Republican, Staten Islander John Fusco, also supports the measure. Newsday, 12/2/92 Any attack on his associations with McGuire or Ailes would be unfounded. McGuire has not been formerly charged with any bias "But Mr. McGuire said yesterday that prosecutors in the Public Integrity Section had told him he was not a subject of any investigation.? "?The fact that these defendants were homosexuals had nothing to do whatsoever with their prosecution,? Mr. McGuire said in an interview yesterday. ?The fact they were gay was completely irrelevant.? New York Times, 10/22/92 and Ailes was protecting attendees against dangerous radicals. "But state Liberal Party director Carl Grillo told a markedly different version of the incident, saying that one activist, who he could not identify, appeared to move menacingly toward two women in the ballroom. "Grillo said that crashed the $300?a-plate dinner, entering through a side doorJ? ewsday, 10/ 26/ 89 A-141 The recent uproar surrounding gay participation in the Irish Day parade should defuse itself. As David Garth said: "?Some pe0ple will be positive toward the mayor and some will be negative, but I don?t think this will become a campaign issue because it doesn?t belong on the agenda,? said David Garth, the political consultant who recently signed on as Giuliani?s campaign adviser. "Dinkins? other challenger, Giuliani, concurs. ?The legal rights here are clear. I?ll give the mayor some free advice: Permits should be given to the Hibernians because failing to do so violates their First Amendment rights.? Newsday, 2/ 15/93 A-l42 ETHNIC VULNERABILITIES A143 A-143 ANTI-SEMITIC A144 "The Democratic mayoral candidate Dinkins ?red off a letter to US. Attorney General Richard Thornburgh saying allegations that prosecutors, under Giuliani, used Nazi-like tactics against a Holocaust survivor require ?a full and formal investigation. New York Post, 8/20/89 ?Is this the kind of man who you would trust as the mayor of the city with the world?s largest Jewish population?? Newsday, 10/6/89 A-144 MEN ACTED LIKE NAZIS CHARGE: AS U.S. ATTORNEY, GIULIANI USED NAZI-LIKE PROSECUTORIAL TACTICS AGAINST A HOLOCAUST SURVIVOR DEMONSTRATING AN UNCONSCIONABLE LEVEL OF INSENSITIVITY TO JEWS. CONTEXT: In 1989, Rudy Giuliani?s appeal to the politically important voting bloc of Jewish New Yorkers was seriously undermined by the revelations of Simon Berger. Berger, a city lock contractor indicted in a fraudulent billing scam, claimed federal prosecutors sat him in front of a chalkboard at the Southern District office with the words "Work Will Set You Free written on it in German. The phrase from the Auschwitz concentration camp where Berger lived during World War II, deeply offended Berger. In 1989, Berger told his story "Rudy?s men acted like Nazis" to the Post. For two weeks, Giuliani took a beating on the front pages on this issue. The campaign in 1989 did not respond to this issue well. The initial response was inadequately prepared and too slowly delivered. This mistake must not be repeated. The specific nature of the charges leveled by Simon Berger against Rudy Giuliani are three? fold: 1. Giuliani?s staff at the Southern District of New York used azi?like tactics to bring Berger into custody; 2. Giuliani gave con?icting stories as to when he discovered the problems with the handling of the Berger case; and, 3. Giuliani, himself, while a federal prosecutor, demonstrated a general insensitivity to Jewish defendants. A-145 REBUTTAL STRATEGY: Unlike four years ago, Rudy Giuliani has a proven track record in the Jewish community. Dispatching surrogates from the Jewish community is his best defense against phoney charges that Giuliani is an anti-Semite. Frankly, David Dinkins? record is so bad on Jewish issues (Crown Heights, Jesse Jackson, etc.) an attack on Giuliani?s Jewish record would be ill?advised. However, the Giuliani campaign still must be prepared for the worst. That means the Simon Berger issue must be considered. The most effective way to neutralize the Simon Berger story is to reach out to Berger. Four years ago, Senator A1 D?Amato may have created the story. Four years later, he should be enlisted in the effort to kill it. The campaign should ask Senator D?Amato to broker a rapproachment between Berger and Giuliani. The campaign?s goal in this effort should be to receive a guarantee from Berger that he will not raise this issue during the campaign. The campaign should consider obtaining a signed statement from Berger retracting his earlier comments about Giuliani. A-146 THE SINION BERGER CASE The facts: "It appears that, while waiting to be processed in the United States Attorney?s office, after his arrest, Berger, a survivor of the Auschwitz concentration camp, observed the words ?arbeit macht frei? written on a nearby blackboard. These words, translated from German, mean ?work shall set you free.? They were once prominently posted at Auschwitz. Berger now asserts that his exposure to this phrase and the trauma which it has induced violated his due process rights. Endorsement, US. v. Berger, US. District Judge Lloyd F. MacMahon, 11/26/86 "The day following his arrest, Berger was arraigned and released on a signature bond. Even before the arraignment, Giuliani held a press conference announcing the charges against Berger and a co-defendant. "Later in 1986, Berger was indicted on mail?fraud and compiracy charges alleging that he paid bribes to induce the Housing Authority to purchase and use a unique door lock his company imported and sold. New York Post, 8/18/89 The Holocaust survivor charged Giuliani with using Nazi tactics and intentionally putting him where he would see the German words Arbeit mach frei. "?Officer, do you see this on the wall? This is German. This is the second time in my life I am in chains - when I was taken to Auschwitz and now. Both times I saw the same words [Arbeit macht frei] and I want you to take note of that. "They came in at 7 in the morning. In front of my wife they took me away. Giuliani did the same thing to me that the Nazis did and the people of New York should know of this.? New York Post, 8/ 18/89 Strangely, Berger was not held overnight. Assistant US. attorney David "Zornow took a call from Slotnick, and agreed to A-147 release Berger in exchange for his paSSport. In what many call a questionable, if legal, event, Berger was released without having been formally charged or arraigned and told to ?surrender? the following morning." New York Post, 8/18/89 In the end, Berger was never convicted of a crime. "By 8 that evening, the jury had eaten, deliberated and returned with a verdict: not guilty on every count. New York Post, 8/ 18/89 Giuliani seems to change his story about when he first learned of this incident. "He initially told The Post Thursday that he first learned of the incident ?fairly recently, perhaps several weeks ago.? "But then Giuliani told Newsforum, ?Earlier it had been mentioned to me. . .I believe, but that is something that happened, actually the motion occurred, when I was trying the Friedman case in New Haven.? New York Post, 8/ 19/89 "But he changed his story to say he may have learned about it several months after the fact, in late 1986." New York Post, 8/22/89 "He [Slotnick] finds it inconceivable that Giuliani would not have heard about the investigation [of the blackboard incident] early on. "?This was not an everyday incident,? said Slotnick. ?They [the investigators] would have had to tell Giuliani or they were guilty of dereliction or a cover?up. "Simon Berger also rejects Giuliani?s claim of ignorance, saying, believe he knew, I believe he knows, and I believe he always knew. An if he didn?t know, I don?t think he deserves to be mayor.? New York Post, 8/ 18/89 A-148 In 1989, Dinkins? threw gas on this political fire, calling for an investigation of Giuliani?s behavior. "Manhattan Borough President David Dinkins termed the incident ?despicable and urged Giuliani to request ?a complete investigation? by Benito Romano, his successor as U.S. attorney." New York Post, 8/19/89 "David Dinkins yesterday demanded a Justice Department investigation of ?apparent professional misconduct? in the United States attorney?s office under Rudolph Giuliani. "The Democratic mayoral candidate fired off a letter to U.S. Attorney General Richard Thomburgh saying allegations that prosecutors, under Giuliani, used Nazi- like tactics against a Holocaust survivor require ?a full and formal investigation. "?That a victim of Nazi oppression should be forced to relive a nightmare in an office of the United States Department of Justice, supervised by Justice Department officials, is despicable,? Dinkins wrote. ?It is also unforgivable. New York Post, 8/20/89 Major Jewish groups were also outraged. "?This appears to be a case of anti-Semitism at worst and insensitivity at best,? ADL Director Abraham Foxman, who heads one of the nation?s best known bigotry fighting organizations, told The Post. ?Regardless of the circumstances, it is horrendous and unpardonable that something like this could happen within the structures of the United States government and we are looking into the factual situation as to what happened,? Foxman continued. New York Post, 8/23/89 A-149 Six weeks after the incident was first reported, Berger kept the story alive with an anti- Giuliani ad in a weekly Jewish newspaper. ??Is this the kind of man who you would trust as the mayor of the city with the world?s largest Jewish population?? Newsday, 10/6/89 A-150 DEFENSE: ANTI-SEMIT ISM RUDY GIULIANI HAS CONSISTENTLY BATTLED ANTI-SEMITISM, HATRED AND PERSECUTION. THIS CHARGE WAS POLITICALLY MOTIVATED BY BERGER, WHO WAS DISGRUNTLED AND ANGERED AT HAVING BEEN CHARGED WITH BRIBERY. HE WAITED 3 1/2 YEARS TO MAKE THIS CHARGE PUBLIC, IN A PERSONAL VENDETTA SOLELY INTENDED TO DISRUPT MAYORAL CAMPAIGN. The best defense of politically inspired attacks like the Berger attack 1S to outline the record and stick to the facts. Rudy Giuliani has an outstanding record of support for Jewish 1ssues In addition, the facts do not support the allegations made by Berger. Specifically, the following four issues should dominate all responses to Berger attacks: 1. 2. Giuliani?s successful prosecution and deportation of Nazi war criminals; The Judge?s determination that absolutely no evidence indicated malicious intent by government in this case; Berger?s defense attorney also agreed that no evidence of prosecutorial misconduct was evident in the case; and, Testimonials by Jewish groups, rabbis, etc. in support of Giuliani. "Giuliani termed the incident ?reprehensible? and said, ?If we found the person who did it and that person was with a federal agency, 111 sure we would have fired them. I think the government did precisely what it should have done: Preserve the evidence and turn it over to the defense counsel. New York Post, 8/18/89 Giuliani prosecutes Nazi war criminals. "He has gone beyond rhetoric and acted decisively against both Nazi murderers of yesterday?s Europe and terrorist murderers of today?s Middle East. He has prosecuted cases to keep this country and this city from becoming a refuge for these A-151 foreign murderers. Rudy Giuliani: A Record of Justice and ?Vigilance, attached, 8/18/89 "In a written statement released yesterday, Giuliani cited his successful prosection of alleged Nazi war criminals Karl Linnas and Boleslavs Maikovskis, both whom were deported to face war crime trials. Newsday, 8/ 19/89 Judge MacMahon ruled "not a scintilla of evidence existed. "However, there is not a scintilla of evidence to suggest that the government intentionally directed the phrase toward Berger, or that it prejudiced his rights in any material way. Therefore, the incident does not constitute a violation of Berger?s due process rights. Endorsement, U.S. v. Berger, U.S. District Judge Lloyd F. MacMahon, 11/26/86 Simon Berger?s lawyer, Benjamin Brafman agreed: is no evidence upon which to conclude that any representative of the United States Attorney?s Office was involved in this unfortunate incident. At best, the facts suggest a regrettable series of horrible coincidences, at worst, purposeful conduct by a government agent possibly acting outside the scope of his authority and without the knowledge of those persons conducting the investigation. Should the Court, however, conclude that the offensive incident was indeed the result of purposeful conduct, then it is respectfully submitted that the relief requested in the instant motion would indeed be appropriate. Letter to Judge Lloyd F. MacMahon, Benjamin Brafman, 11/24/ 86 Concentration camp survivor, Raymond B. Harding, fought back for Giuliani. "?As someone whose life was almost destroyed by the Nazis, I am deeply offended by the reckless allegation of Nazism during this campaign,? Harding said at a press A-152 conference. ?Thousands of New Yorkers suffered at the hands of the Nazis; many of our relatives and loved ones were killed by the Nazis. The recent headlines and name-calling are an insult to every decent New Yorker. Giuliani Press Release, 8/24/89 "Harding blasted The Post, which broke the explosive Berger story just a week ago, for ?jingo and yellow dog journalism,? claiming the newspaper wanted to damage Giuliani by ?connecting him with the word "Nazi. do know this,? said Harding. ?If Mr. Berger and Ed Koch were to meet, I have a hunch it would not be their first meeting. New York Post, 8/25/89 The Anti?Defamation League concluded no wrongdoing. "The Anti-Defamation League, based upon meetings and discussions with the U.S. Attorney?s Office and a thorough examination of relevant official court documents, has determined that the Nazi phrase ?Arbeit Macht Frei? (Work Sets You Free) was written on a blackboard in the U.S. Attorney?s Office several weeks before Simon Berger was arrested and was not directed at him. The U.S. Attorney?s Office is still investigating how and why the phrase appeared on the blackboard in the first place and we look forward to those finding being made public. Anti-Defamation League of B?nai Brith, Press Release Rabbi Leonard Guttman, National Council of Young Israel. am dismayed that your lead story of Friday, August 18, 1989, had the audacity to compare the behavior of the U.S. Attorney?s office of Rudy Giuliani to that of the Nazis. "In an era when Israelis are falsely accused of being the new ?Nazi? in relation to the Palestinian Arabs, the media must be extremely careful not to cheapen the memory of the six million Jews who perished in the Holocaust. The New York Post does exactly this when it draws parallels between the Nazi regime and the U.S. Attorney?s Office. As the son of a Holocaust survivor, I find such reporting reprehensible and journalistically irresponsible. Rabbi Guttman, Letter to the Editor, New York Post, 8/18/89 A-153 Rabbi Marc Tanenbaum. know of no one, literally no one, who is more free of bias, who is more opposed to anti-Semitism and Nazism than he is,? said Rabbi Marc Tanenbaum during a Channel 7 ?Eyewitness News Conference.? New York Post, 8/28/89 Giuliani then went after the press "Mayoral hopeful Rudolph Giuliani - whose office is accused by an Auschwitz survivor of using ?Nazi tactics? against him while US. attorney - stepped up his attacks on The Post yesterday, calling the paper ?an organ of Ed Koch?s re?election campaign. New York Post, 8/26/89 who later admitted they were being ?nasty" though our campaign coverage was nasty,? Mr. Kalikow [New York Post owner] said. New York Times, 11/13/89 and Giuliani then attacked Dinkins? questionable association with Jitu Weusi. "The Giuliani campaign, meanwhile, released a statement from Ray Harding, one of Giuliani?s top advisers, who denounced Dinkins? association with Jitu Weusi, a black activist who is a campaign volunteer. "In 1969, Weusi, then a city school teacher, read a poem on a radio station that began, ?Hey Jew boy with that yarmulke on your head/ You pale?faced Jew boy, I wish you were dead."' Newsday, 10/6/89 Let?s not forget Berger?s close relationship with Senator Alfonse D?Amato. Holocaust survivor who has accused the US. attorney?s office under Rudolph Giuliani of using Nazi tactics is a financial contributor to Sen. Alfonse D?Amato, Giuliani?s political foe, according to campaign finance records. A-154 "Mark Berger yesterday confirmed that his father has contributed a total of $1,000 to D?Amato?s campaigns since 1980. In addition, Simon Berger?s wife, Rita, is listed as having given D?Amato $500 in 1984, And son, Mark, is listed as having donated $1,000 to D?Amato in 1935." may, 8/27/89 A-155 ANTI-IRISH A156 "The irony yesterday was that Joe Doherty, who actually cost Giuliani the election, was in the Metropolitan Correctional Center, right behind the courthouse. "Giuliani had infuriated those Irish closest to the other side, and natural conservative?Republican voters, by fighting against any attempt to get Doherty released. He was being held, as an appeals court noted Friday, on a political contract between the Justice Department and the British government." Newsday_, 7/ 1/90 A-156 CHARGE: CONTEXT: AN TI-IRISH GIULIANI WORKED TO GET JOSEPH DOHERTY -- AN IRISH POLITICAL REFUGEE, NOT A COMMON CRHVIINAL -- DEPORTED TO ENGLAND ON TRUMPED UP CHARGES BY THE BRITISH GOVERNMENT. Showing insensitivity to all Irish people, Rudy Giuliani kept political refugee Joseph Doherty locked in a US. prison for nine years. Despite a US. judge ruling that Doherty was, indeed, a political refugee, Giuliani did everything in his power to ensure that Doherty remained in jail and was deported to the United Kingdom. The facts of the Doherty case: 0 Doherty and two armed accomplices held a family hostage in Belfast and when Westmacott tried to free them, he was shot and killed. Doherty was convicted in Belfast on June 12, 1981 of the murder along with other charges of possessing weapons including an machinegun. He subsequently escaped from prison in Belfast and entered the United States using false documents. Doherty was arrested on June 18, 1983, at a Manhattan bar where he was working as a bartender and has been held in jail pending conclusion of the legal process. Doherty immediately request political asylum, claiming he was escaping persecution in Northern Ireland. British officials sought his extradition. December 1984, federal Judge John Sprizzo ruled that Mr. Doherty alleged offense was a political one. The UK. ?s extradition treaty with the US. had an exception for political offenses. Representing the US. government, Giuliani sought a hearing from another judge, was told he couldn?t have it, and then appealed the case to the Board of Immigration Appeals, a part of the Justice Department. The Appeals judge also ruled in Doherty?s favor. A-157 0 Ed Meese overruled the immigration officials in June 1988 and decided that Mr. Doherty would be deported to the U.K. after all. 0 At this time, the U.K. and the Republic of Ireland sign a new extradition treaty. REBUTTAL STRATEGY: This is a tough issue to craft a rebuttal strategy because, like abortion, people feel very strong about it one way or the other. It?s tough to change people?s minds when it comes to the Joe Doherty case. However, in the four years since the last election, several things have happened that are helpful to Rudy Giuliani. First, Joe Doherty is no longer in jail in Manhattan. He has been returned to England. The fact that Doherty isn?t in New York any more makes his supporters less vocal. Second, David Dinkins has offended Irish people on an issue that is of more immediate concern than Joe Doherty -- gays marching in the St. Patrick?s Day Parade. Dinkins mishandling of the parade issue makes it very difficult for him to level charges against Giuliani on Joe Doherty. If Dinkins says Doherty; Giuliani should say parade. A-158 THE JOE DOHERT CASE U. 3. -British relations, not the rule of law were Giuliani?s guiding principles: "?In our View the decision denying extradition of Doherty was an incorrect interpretation of the political offense exception,? Giuliani said. Reuters, 2/4/85 Giuliani fought to prevent Doherty?s extradition to Northern Island for foreign policy reasons. "In a move apparently never before taken in a deportation case, the U.S. asked an administrative law judge who handled immigration matters to reject Mr. Doherty?s choice, again on the ground that it would harm U.S. foreign relations. But that judge rebuffed the government?s approach. "But again political forces intervened: Then-Attorney General Edwin Meese, citing the State Department?s concerns, overruled the immigration officials in June 1988 and decided that Mr. Doherty would be deported to the UK. after all. The decision sparked an outcry from legislators and the American Civil Liberties Union. Wall Street Journal, 10/17/91 From Maze Prison, Doherty contends: should never have been imprisoned without being charge in the United States for so long. Now the British say in effect I was never in prison there at all,? he said in an interview. Newsday, 11/19/92 Giuliani?s participation angered conservative Irish Catholic voters. "The irony yesterday was that Joe Doherty, who actually cost Giuliani the election, was in the Metropolitan Correctional Center, right behind the courthouse. "Giuliani had infuriated those Irish closet to the other side, and natural conservative? Republican voters, by fighting against any attempt to get Doherty released. He was being held, as an appeals court noted Friday, on a political contract between the A-159 Justice Department and the British government." Newsday, 7/ 1/90 "Mr. Giuliani favors the extradition to Britain of Joseph Doherty, a member of the Irish Republican Army accused of killing a British soldier. Mr. Doherty has become a cause celebre among Irish-Americans because he has been detained in Federal custody in Manhattan for six years, even though a Federal judge ruled against his extradition. do not support amnesty,? Mr. Giuliani said in an interview. ?As a former Justice Department official, I can?t play a political game, as some of the other candidates are clearly doing.? All the other major mayoral contenders favor granting Mr. Doherty political asylum, a signal that Irish?Americans still have power in city elections. "?Your non?participation will be remembered by the Irish?American community,? the moderator of the forum, Jack Irwin, said to Mr. Giuliani in absentia. calculated snub,? said John C. Dearie, Democrat of the Bronx, who organized the forum." New York Times, 5/16/89 Dinkins supports the terrorist. "But Mr. Doherty, a soft?spoken 36?year-old who writes poetry in his cell, wields some political support of his own, among Irish-Americans and others. New York Mayor David Dinkins welcomed his mother, visiting from Belfast this week, and urged a rally of about 100 people to ?keep the faith.? City officials named a Manhattan street near Mr. Doherty?s longtime jail cell Joseph Doherty Corner. Wall Street Journal, 10/17/91 A-160 AN DEFENSE: ALTHOUGH GIULIANI HAS BEEN TOUGH ON DOHERTY BECAUSE OF THE SEVERITY OF HIS CRIMES AND HIS TIES TO A TERRORIST ORGANIZATION, GIULIANI WROTE THE AMERICAN GOVERNMENT TO URGE THEM TO ASK BRITAIN TO HELP DOHERTY RECEIVE CREDIT FOR TIME HE SPENT IN AMERICAN JAILS. Giuliani recently asked the U.S. government to persuade England to count the time Doherty served in U.S. prisons toward his sentence in England. This appeal should help provide Giuliani a bit of political cover on the Doherty issue. Giuliani wrote President Bush last year, requesting the U. S. urge Great Britain count the time Doherty spent in U. S. jails toward his prison sentence am writing to request that you have our government urge the government of Great Britain to give Joseph Doherty credit for the time he spent imprisoned in the United States. "As you may recall, Mr. Doherty had escaped from a Belfast prison and was convicted in absentia and sentenced to life imprisonment for participating in the murder of a British Army captain. He was apprehended in 1983, and spent the next nine years in prison fighting extradition. Mr. Doherty is now serving his sentence in Britain. believe the United States government made the only choice it could in eventually extraditing Mr. Doherty at the request of the British government. To do otherwise would have clearly jeopardized the interests of the United States in its ongoing efforts to seek extraditions from not only Great Britain, but many other nations. As someone, however, with a law enforcement background, and one who has been involved in deportation hearings of all types, I believe that since his return the British government has not been even-handed in its treatment of Mr. Doherty. Rudolph Giuliani, Letter to President Bush, 9/29/92 but the Bush administration refused Giuliani?s request. "We do not believe that any such request to Great Britain would be appropriate. A-161 1980, Mr. Doherty was responsible for the ambush of a British Army patrol and the murder of Captain Richard Westmacott. In setting their ambush of Captain Westmacott?s patrol, Mr. Doherty and the other armed gunmen with him seized a private home and held its residents captive. For his part in these actions, Mr. Doherty was convicted of murder, attempted murder, possession of firearms and ammunition, and belonging to a proscribed paramilitary Doherty had an extensive criminal record in Northern Ireland, beginning with convictions as a juvenile for burglary and larceny. In 1973, he was convicted of possessing a firearm and, in 1974, of possessing 80 pounds of explosives. He was sentenced to 10 years? imprisonment for the latter crime and thereafter was convicted of attempted prison escape. Mr. Doherty also helped train Provisional Irish Republican Army recruits, and made an armed escape from a British prison before entering this country. Timothy Flanagan, Assistant Attorney General, Letter to Rudolph Giuliani, 10/19/92 A-162 ASSORTED FLIP-FLOPS A1 63 "?Compare the two candidates for mayor,? Dinkins? spot began, as two images of Rudolph Giuliani ?ashed on the screen. ?One is for banning cop?killer bullets. One opposes a ban. One claims he?s pro- choice. One opposes a women?s right to choose. One has been a McGovern Democrat. One has been a Reagan Republican. The funny thing is, both of these candidates are named Rudolph Giuliani.? Newsday, 11/5/89 A-163 PARTY REGISTRATION A1 64 A-164 PARTY REGISTRATION FLIP-F LOP CHARGE: GIULIANI IS A MAN WITHOUT CONVICTIONS. HIS POLITICAL OPPORTUNISM DROVE HIM FROM MCGOVERN DEMOCRAT TO REAGAN REPUBLICAN. HE WILL DO WHAT ANYTHING IT TAKES TO GET WHAT HE WANTS. CONTEXT: In many ways Rudy Giuliani is a political contradiction. He never really fit the mold the typical Reagan administration political appointee. He doesn?t really fit in with the Republicans. Too liberal. Giuliani has troubles with the Democrats, too. They have problems with his aggressive pursuit of criminals and worry about his view of civil liberties. Too conservative. If the Giuliani campaign ran smoothly in 1989, Giuliani would be Viewed today as the perfect non-politician politician. A man above party labels. However, the Giuliani effort four years ago did not run smoothly. The candidate was derided by his opponents as a ?ip-?opper, not revered as a statesman. Giuliani?s travel across the political spectrum was used effectively by two Giuliani opponents -- Ronald Lauder, from the right, and David Dinkins, from the left. Giuliani?s lack of consistency on major issues, like abortion, also reinforced criticism that he would do anything to get himself elected. (See Appendix F-2 and F-3). REBUTTAL STRATEGY: The party affiliation charge is best countered pro-actively. The campaign, as part of its program to fill out the Giuliani biography, should place special emphasis on why the Democratic party captivated Giuliani?s interests as a young man and then why he left it. At all times, explanations of the party switch should be well thought out to provide the best possible political spin. For example, Giuliani might want to describe his exodus from the Democratic Party as a result of his disgust with New York City?s corrupt clubhouse brand of politics. This answer enhances Giuliani?s image as a reformer. A-165 Giuliani might choose to explain his party switch as more philosophically driven. Giuliani left the Democratic Party because of the free?spending policies that would bankrupt government?s and make social welfare programs obsolete. Whatever course the campaign and the candidate take on the party switch issue, all should be aware of a basic rule of politics: define yourself before your opponent defines you. Giuliani must address questions about why he switched parties. If Giuliani doesn?t do this, Dinkins will answer these questions and the inferences Dinkins draws about Giuliani will not assist the Giuliani election effort. In 1973, Giuliani claims he became an Independent to help him remain free from political constraints as a federal prosecutor. In 1980, he lost this moral conscious and registered Republican. "He changed his registration to independent in 1973, partly because he thought then it was best to be unaffiliated politically as a federal prosecutor. In 1980, he registered as Republican. Newsday, 1/29/89 A-166 DEATH PENALTY A167 A-167 DEATH PENALTY FLIP-FLOP CHARGE: GIULIANI FLIP-FLOPPED ON THE DEATH PENALTY. HIS POSITION ON ISSUES ARE DETERMINED BY POLITICAL EXPEDIENCY AND NOT MORAL CONVICTIONS. CONTEXT: When Ed Koch looked like Rudy Giuliani?s likely general election opponent in 1989, Giuliani soft-peddled his support for the death penalty in an attempt to position himself to the left of the neo-conservative, pro-death penalty, Mayor. Then when David Dinkins won the Democratic primary, Giuliani made a hard right and beat the advocacy drums for the death penalty against the liberal, anti?death penalty, Dinkins. Giuliani movement on the death penalty issue escaped the notice of no one. Ronald Lauder attacked Giuliani from the right on the issue in the Republican primary. David Dinkins hit Giuliani from the left in the general election. REBUTTAL STRATEGY: Rudy Giuliani will neutralize this issue with consistency. If he plays cute with the nuance of the death penalty issue, he opens himself to charges of hypocrisy. Like abortion, Giuliani should say he is pro?death penalty and leave it at that. A-168 GIULIANI LIP-FLOPS ON THE DEATH PENALTY Life terms, not the death penalty, for drug kingpins. "Giuliani who said last week that capital punishment would be a ?major deterrent? to top drug dealers, said he favors life terms for drug kingpins. emphasis added, Daily News, 11/3/83 The death penalty is a limited deterrent. "Capital punishment is an overemphasized issue in the criminal-justice system. Politicians get away with being very tough on capital punishment when it will only have a certain marginal effect on crime. I?m not morally opposed to capital punishment. I don?t have a conscience problem with it where the crimes are horrendous and the proof of guilt is very substantial and more certain than the normal certainty you have in the criminal process. I agree, basically, with the constitutional principles the Supreme Court has enunciated for capital punishment. But it is a limited deterrent." emphasis added, Rudolph Giuliani, New York, 5/25/87 "But the death penalty is a necessity given the levels of crime we have. It should never be painted as a panacea. It doesn?t deal with 99 per cent of crime. Village Voice, 1/24/89 Lauder attacked the Giuliani position as soft. "In the commercials, Mr. Lauder linked Mr. Giuliani through his law firm to Gen. Manuel Antonio Noriega, the Panamanian dictator, and suggested that Mr. Giuliani favored tax increases, was soft on the death New York Times, 9/13/89 A-169 Immediately after Dinkins defeated Koch in the primary, Giuliani intensified his support for the death penalty. "At the Astoria Community Senior Center, Giuliani told the predominantly white conservative audience that as mayor he would work to reform the city?s health care system, especially to provide home health care to the elderly, and push the state legislature to reinstate the death penalty. United Press International, 9/13/89 "Citing a record 1,896 homicides in New York last year, Giuliani said: ?We need the death penalty. I fought for the death penalty. emphasis added, Washington Post, 9/ 14/89 "?We have got to have a death penalty,? he said. think we need it more today than we did a year ago.? United Press International, 10/23/89 "Rudy Giuliani supports the death penalty for people convicted of murder and aggravated treason, consistent with Supreme Court rulings. He believes the New York State Legislature should pass a capital punishment bill. But Rudy Giuliani believes the death penalty alone will not solve our crime problem. In order to address the rampant drug-related crime in our city, our criminal justice system must work more effectively. Better management and planning as well as additional resource, when possible Within the city?s fiscal constraints can help bring about real reform. Anti-drug education, drug treatment and other services that help prevent crime are also needed." New York Law Journal, 11/6/89 "The man whom Dinkins defeated in the Nov. 7 mayoral election attended the funeral as well. Rudolph Giuliani reiterated his support for the death penalty, which Dinkins opposes. Dinkins advocates life Without the possibility of parole for people who kill police officers. "?In recent years, the drug dealers and other criminals have changed the rules on us,? Giuliani said. ?We have to change the rules on them. Newsday, 11/17/89 A-l70 "?In Italy, the Mafia has never been given the right lesson. You need the army, the death penalty, a series of death sentences to set an example, mass arrest,? Giuliani said. Reuters, 5/28/92 A-171 DEATH PENALTY DEFENSE: POSITION ON THE DEATH PENALTY HAS NEVER CHANGED. TOUGH ON CRIIVIE AND HE SUPPORTS THE DEATH PENALTY. A-172 DRUG LEGALIZATION A173 A-173 DRUG LEGALIZATION FLIP-FLOP CHARGE: THERE IS NOT A SINGLE ISSUE RUDY GIULIANI WILL NOT FLIP- FLOP ON. MR. CRIMEBUSTER EVEN LIP-FLOPPED ON DRUG LEGALIZATION. HE USED TO SUPPORT THE NOTION, NOW HE ATTACKS THOSE WHO SEE LEGALIZATION AS A SOLUTION. CONTEXT: Giuliani never has been criticized for this ?ip-?op on drug legalization. However, the campaign should understand that Giuliani used to favor legalization of drugs. Today, Giuliani is firm in his opposition to legalizing drugs. REBUTTAL STRATEGY: Giuliani should express his firm opposition to legalizing drug use because of the myriad of problems it would create for society increased crime, increased drug use, etc). If presented directly with the quote mentioned below, Giuliani can explain how his position on drug legalization has evolved over the years as he learned more about the issue through his work at the Department of Justice, and how he looked at this issue, like all others, with an open mind. However, in the end, through careful analysis, he has come to the firm conclusion that legalization would be a very harmful idea for this country. "?There were times in New York when I thought back in the early ?70s that, although morally and philosophically I was very troubled by the idea of decriminalizing drugs,? he said, ?that it might be the practical, necessary thing to do the problem was getting so bad. The only way to protect innocent citizens, because government couldn?t deal with the problem at the level that it was at, would be to decriminalize it, regulate it or whatever, some system of doing it differently. The thing that changed my mind about it and gave me more hope, I guess, was in the middle ?705 when we were successful in getting the Turkish government to burn down the poppy fields, which cut down the large amount of heroin coming Reagan?s Ruling Class A-174