Ex-NYC Police Commissioner Kerik Pleads Guilty
Former New York City Police Commissioner Bernard Kerik pleaded guilty Thursday to eight felonies in a federal district court. New York Times reporter Sam Dolnick, who has been covering the latest developments, offers his insight.
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MICHELE NORRIS, host:
From NPR News, this is ALL THINGS CONSIDERED. I'm Michele Norris.
ROBERT SIEGEL, host:
I'm Robert Siegel.
And now, the fall of Bernard Kerik. In 2004, Kerik was President Bush's pick to become secretary of Homeland Security. He was a Giuliani Man. He was police commissioner of New York City on 9/11. Well, today, Bernard Kerik pleaded guilty to eight felony charges including tax fraud and lying to the government when he was being vetted for the cabinet post. New York Times reporter Sam Dolnick was in the courtroom and he now joins us from White Plains, New York. Sam Dolnick, what was it like in court today when Bernard Kerik appeared?
Mr. SAM DOLNICK (Reporter, New York Times): Well, it was a packed hearing. They had to move the hearing to the biggest court room in the house to accommodate the crowd. And it was a tense morning. Mr. Kerik spent most of it seated at the defense table, answering the judges' questions quickly, swiftly - many times saying guilty, your honor, guilty, your honor.
SIEGEL: Now walk us through the charges that he was pleading guilty to.
Mr. DOLNICK: Well, he pleaded guilty to two tax fraud charges - one charge that he lied on a loan application, and then five separate counts of lying to the federal government, which was related to the vetting for his Homeland Security Department position.
SIEGEL: Now, all of these were charges that we had expected Bernard Kerik to fight at the contentious trial before that packed court room. Instead, he entered the plea. Why, what happened?
Mr. DOLNICK: Well, it's not clear quite what happened. It should be noted, though, that he did not plead guilty to the charges of corruption. Those charges were dropped, which was a surprise to many in the court room. I mean, what change between - you know, he was indicted in 2007 and could have theoretically accepted a plea agreement, you know, any time before that. It's not quite clear what changed.
Judge Robinson jailed him last month for leaking sealed documents. And so, he spent about two weeks in jail and apparently had a hard time. We know that he voluntarily checked himself into the jail mental health unit soon after he was - entered the jail. But we don't know what exactly what forced him to decide that this plea agreement was the best route.
SIEGEL: Do we know what kind of a sentence he's likely to get in exchange for his plea?
Mr. DOLNICK: Well, the prosecution and defense suggested that it be between 27 and 33 months. But it's up to Judge Robinson to determine the actual sentence. And that will happen in February. Judge Robinson had clashed with Mr. Kerik during pre-trial hearing, but he indicated today that he would take Mr. Kerik's full career, his full life into account when he was sentencing him, which we took to mean that he saw Mr. Kerik as more than just a sum of the allegations that we heard in court.
SIEGEL: Bernard Kerik, before he was police commissioner of New York City, was correction commissioner. To say that he cut a figure of confidence is an understatement. This was a pocky(ph), pugnacious guy. How did he come across as the defendant pleading guilty in federal court?
MR. DOLNICK: Well, he's a burly, solid man. And he walked into court with a nice blue suit looking the same as ever, his signature shaved head. But he didn't even glance at the packed gallery behind him. And he spoke in a low voice that was often hard to hear, gravely. His defense lawyer rubbed his shoulders for support several times throughout the proceeding. He looked a lot less invincible than he had three years in New York.
SIEGEL: Sam Dolnick of the New York Times, thanks a lot for talking with us.
Mr. DOLNICK: Thank you very much.
SIEGEL: Sam Dolnick was covering the guilty plea today, entered in federal court in White Plains, New York by former New York City police commissioner Bernard Kerik.
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Former NYC Police Commissioner Kerik pleads guilty
FILE - In this June 4, 2009 file photo, former New York City police Commissioner Bernard Kerik stands outside the Federal Court in Washington, after pleading not guilty to charges of lying to the White House while being vetted to be Homeland Security secretary. Kerik is displaying worrisome, risky behavior in jail, a federal judge said Friday Oct. 30, 2009 after speaking with the jail's psychiatric director. Kerik has been jailed since Oct. 20 to await trial on corruption charges.
Former New York City Police Commissioner Bernard Kerik admitted in court Thursday that he lied to the White House while being considered for chief of Homeland Security.
Kerik, hailed as a hero after the 9/11 attack, also pleaded guilty to lying on tax returns, a loan application and a questionnaire he filled out when he was seeking a separate U.S. government position.
Under his plea bargain, which short-circuited as many as three federal trials, he was not required to plead guilty to the main corruption charges against him. Those charges will be dismissed.
In a low but firm voice, Kerik said "guilty" eight times as he admitted to eight felonies, including lying about paying taxes on his children's nanny, hiding income from the Internal Revenue Service and faking a charitable contribution.
Kerik acknowledged failing to declare on his returns book royalties, consultant fees and the use of a BMW.
In the plea agreement, prosecutors suggested to Judge Stephen Robinson that the appropriate sentence would be between 27 and 33 months in prison. Robinson noted that he is not bound by that suggestion when he sentences Kerik on Feb. 18. The judge said the maximum sentence is 61 years.
Kerik, who was jailed last month for sharing secret pretrial information, may be released before his sentencing. Defense attorney Michael Bachman said he would apply within a few days, and the judge said he would seriously consider the request.
The judge also said he would consider Kerik's accomplishments when he sentences him.
"You've had a very full life," Robinson told the 54-year-old Kerik. "There is much good in that full life, I believe."
Kerik was police commissioner when New York was attacked on 9/11 and was praised worldwide for his steely leadership. At the urging of his mentor, former Mayor Rudolph Giuliani, Kerik was nominated to the top Homeland Security post in 2004, the peak of a fast-rising career.
He said in court that while being vetted for that position, he denied that he had any financial dealings with anyone doing business with New York City and that he had specifically refused payments that were offered. He admitted Thursday, however, that he had actually accepted renovations of his Bronx apartment from a company seeking city work.
Those apartment renovations were the focus of the original corruption charge, which alleged that Kerik accepted the renovations in exchange for vouching for the company. Kerik did not admit to that.
Prosecutors would not comment when asked why the corruption charge was being dropped.
U.S. Attorney Preet Bharara issued a statement calling Thursday "a sad day" because of Kerik's admissions. "No one is above the law," he added.
Kerik could be fined in addition to being sentenced to prison. He has already agreed to pay nearly $188,000 in restitution and to resummit his personal tax returns for six years, paying past-due taxes and penalties.
The charges against him had been divided into corruption allegations, tax crimes and lying to the White House. Three trials would have been required, two in White Plains and one in Washington.
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