Alberto Gonzales as White House counsel was in charge of vetting Bernard Kerik for head of Homeland Security. Despite many red flags raised by White House aides and FBI and DOJ investigators, the vetting process was truncated and the nomination rushed.
The Washington Post reported on this flawed process last April. It begs many questions that are not answered.
When former New York mayor Rudolph W. Giuliani urged President Bush to make Bernard B. Kerik the next secretary of homeland security, White House aides knew Kerik as the take-charge top cop from Sept. 11, 2001. But it did not take them long to compile an extensive dossier of damaging information about the would-be Cabinet officer.
They learned about questionable financial deals, an ethics violation, allegations of mismanagement and a top deputy prosecuted for corruption. Most disturbing, according to people close to the process, was Kerik's friendship with a businessman who was linked to organized crime. The businessman had told federal authorities that Kerik received gifts, including $165,000 in apartment renovations, from a New Jersey family with alleged Mafia ties.
Alarmed about the raft of allegations, several White House aides tried to raise red flags. But the normal investigation process was short-circuited, the sources said. Bush's top lawyer, Alberto R. Gonzales, took charge of the vetting, repeatedly grilling Kerik about the issues that had been raised. In the end, despite the concerns, the White House moved forward with his nomination -- only to have it collapse a week later.
The selection of Kerik in December 2004 for one of the most sensitive posts in government became an acute but brief embarrassment for Bush at the start of his second term. More than two years later, it has reemerged as part of a federal criminal investigation of Kerik that raises questions about the decisions made by the president, the Republican front-runner to replace him and the embattled attorney general.
A reconstruction of the failed nomination, assembled through interviews with key players, provides new details and a fuller account of the episode -- how Giuliani put forward a flawed candidate for high office, how Bush rushed the usual process in his eagerness to install a political ally and how Gonzales, as White House counsel, failed to stop the nomination despite the many warning signs. "The vetting process clearly broke down," said a senior White House official. "This should not happen."
One of the questions is what role did Giuliani Partners, Kerik's employer at the time, have in the vetting process and how much did they know that they did not report.
As with every nominee, Kerik was given detailed financial disclosure and personal history questionnaires to fill out, all intended to unearth anything that might prove embarrassing in a confirmation hearing. Giuliani's firm assisted in filling out the forms, according to a source familiar with the situation, and the papers are now an issue in the federal criminal investigation. Kerik, his attorney and Giuliani Partners spokeswoman Sunny Mindel declined to comment.
The role of Giuliani Partners in this matter has never been fully explained. Although it is very difficult to believe that a firm founded on its security credentials did not know what the FBI and DOJ knew about one of its founding partners.