More Signs That Rudy’s No Libertarian

    The first serious problem is structural and political: A man who fought the inherent limits of his mayoral office as fanatically as Giuliani would construe presidential prerogatives so broadly he’d make George Bush’s notions of "Ëœunitary’ executive power seem soft.

    Even in the 1980s, as an assistant attorney general in the Reagan Justice Department and U.S. Attorney in New York, Giuliani was imperious and overreaching, He made the troubled daughter of a state judge, Hortense Gabel, testify against her mother and former Miss America Bess Meyerson in a failed prosecution charging, among other things, that Meyerson had hired the judge’s daughter to bribe help "Ëœexpedite’ a messy divorce case. The jury was so put off by Giuliani’s tactics that it acquitted all concerned, as the Washington Post’s Ruth Marcus recalled ten years later in assessing Special Prosecutor Kenneth Starr’s subpoena of Monica Lewinsky’s mother to testify against her daughter.

    At least, as U.S. Attorney, Giuliani served at the pleasure of the President and had to defer to federal judges. Were he the President, U.S. Attorneys would serve at his pleasure "" a dangerous arrangement in the wrong hands, we’ve learned "" and he’d pick the judges to whom prosecutors defer.

 There are many reasons to like Giuliani, but his personal intolerance of any hint of disloyalty, his  contempt for dissent, his corner-cutting executive excesses and long history of cronyism must and surely will be weighed in the equation. Jim Sleeper is no lefty. His concerns are serious ones in a period when the constitution has already been strained to near-breaking point.