NOTE: Friday's article on the destruction of the hawks' nest at 927 Fifth Avenue brought a substantial reaction from readers.  The overwhelming majority took the side of the hawks, but several supported the co-op board and a couple of letters alluded to homeless people.
 
As promised, we collected your letters on our website, www.nycivic.org, and you can read them there.  To reach the letters, link 
here.  If you care to write to us, your letter will be added to what is referred to in cyberspace as "a thread."  When we say "no flames," it means we limit the level of vituperation and will not publish obscene language.  On the Internet, people are often much more open in saying what they feel than in formal correspondence, and of the 73 letters we have published so far, many reflect that usage. 
 
At this time, the parties, with the help of the Audubon Society, are working to resolve the question of the hawks' residence.  We believe the avian couple should be restored to their home on the 12th floor ledge, but it is not certain, even if that happens, whether the hawks will return to their former nest, having been so rudely treated by their human hosts.


Kerik's Withdrawal was Inevitable
In the Face of Multiple Allegations

By Henry J. Stern
December 13, 2004

The travails of former Police and Corrections Commissioner Bernard Kerik are a sad example of failure to meet the high standards required for public service.  The attempt to bring a forceful and dedicated self-made man from the lower middle class into the highest level of public service was a good idea, and had a certain populist and democratic motivation.  Unhappily, it foundered when the nominee's multiple lapses in meeting basic standards of private and public behavior came to light.  (These were not secrets, by the way; some were in LexisNexis.)  It is true that Kerik had an extraordinarily difficult childhood, and his mistakes may be somewhat mitigated on  that basis — a standard of judgment that has been applied at the top of the political food chain.

Nonetheless, the gaps in his resume, the newspapers' recollection of every indiscretion, conflict of interest, act of favoritism or egotism (the thirty busts of himself) and grandiosity (the useless $200,000 doors for his office) were insuperable obstacles both to his confirmation and to his potential effectiveness as a national leader.  The ice on the wings kept the plane on the ground, but that is better than finding it later after it caused a crash.
 
Kerik's comments on his withdrawal were somewhat disingenuous, although his letter to the president and his apology were in excellent taste.   He blamed the problem on recently discovering that he had not paid taxes on his nanny's wages.  It was said that she may have been an undocumented alien.  Several weeks ago, the nanny repaired to her native Mexico, which deflected the issue of her employment here.    For Kerik to blame his departure on Nannygate is akin to former Governor James McGreevey's statement that he resigned because he was "a gay American."   McGreevey bailed out, three months after his confession, because his administration was corrupt, his chief fundraiser was headed for jail, and federal authorities were closing in on him.
 
In this country, you can choose your lover, if he or she is of age.  If you are married to someone else, it is a problem between you and your spouse.   But, whether he is your lover or not, you do not appoint a foreigner without a security background to protect the citizens of New Jersey from terrorism.  It is only a coincidence that both Kerik and Golan Cipel were placed in charge of homeland security, but perhaps it shows the difficulty of filling these positions.
 
Nonetheless, Kerik might have done a good job.  He is vigorous, committed to America and its defense, and intolerant of those who would obstruct what would have been his mission, our protection.  We do not know whether our country will be better served by another nominee.   We recall the situation in 1993, when President Clinton's first two designees for Attorney General, Zoe Baird and Judge Kimba Wood, were disqualified on Nannygate issues.   He then turned to Janet Reno, a single woman who would never have needed a nanny.  Her service was less distinguished, and the reason she lasted eight years was that it would have been too much trouble for a beleaguered president to take the flak that would come with firing her.  Remember what happened to President Nixon after the Saturday Night Massacre in 1973.

So it is possible that Kerik's loss will be ours as well.  Certainly the endorsements from Senators Schumer and Clinton indicated that they thought that Kerik would be good for New York, which definitely has been short-changed in the past with regard to homeland security funding.
 
There are, however, basic standards that high officials must meet.  It is not helpful to have been adjudged a bankrupt, to have affairs with one's employees, or to condone politicization of a city agency.  What he did in Iraq, and why he came home early, remain a mystery.  Clearly, his stay there did not prevent the president from nominating him, and we do not know the facts of this matter.   It is quite possible that Kerik was right and L. Paul Bremer, the suzerain, was mistaken; we know Bremer made numerous other costly errors before he fled Iraq after the appointed regime was sworn in two days early to avoid violence.

Nor is this the fault of Mayor Giuliani, although he should not have recommended someone with that baggage, even though he was willing to excuse it.  We have an FBI and a Justice Department, and one would think they would make basic checks before a nomination is announced by the president.  Apparently the lessons of 9/11 have not been completely learned by the bureaucracy.
 
The Kerik case is impacted by the issue of values.   New Yorkers are more tolerant of lifestyle variations than Americans in general.  But integrity and compliance with the rule of law are important, particularly in a role overseeing law enforcement agencies.   So the result was inevitable to those who knew the facts as soon as the announcement was made.   After the usual sturm und drang, justice was done, and the republic's honor preserved.
 
Bernard Kerik is now well-known, and he has talent.   He should still seek to serve the public interest, although not in the president's cabinet.  We hope he can make a contribution in his area of expertise, homeland security.   His home state, New Jersey, could certainly use some sound advice.





Henry J. Stern
starquest@nycivic.org
New York Civic
520 Eighth Avenue
22nd Floor
New York, NY 10018

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