From Jailer to Jailed: My Journey from Correction and Police Commissioner to Inmate #84888-054

I have been concerned with prosecutorial over-reach since I lived in Fort Lauderdale in the early 1970s. The son of one of my employees was associated with a motorcycle club, wore leathers, and had tattoos well before they were popular. The local police and district attorney decided he and his friends needed special attention so they harassed him every chance they could get. He was in and out of court over the five years I lived there. Nothing ever stuck.

I learned through this experience that once someone who has prosecutorial power had it in for you, batten down the hatches, as rough weather was on its way. These attacks were not limited to motorcycle riders. One only needs to look at the case of Ray Donovan, who served as President Ronald Reagan’s first Secretary of Labor. In a highly publicized 1987 case, Donovan and six other defendants were indicted by a Bronx County, New York, grand jury for larceny and fraud in connection with a project to construct a new line for the New York City Subway. On May 25, 1987, Donovan (and all of the other defendants) after spending their savings were acquitted, after which Donovan was famously quoted as asking, "Which office do I go to get my reputation back?"

I was involved in two court cases in the past year. Fortunately both involved unbiased, no-nonsense judges with a keen sense about the lies and contradictions contaminating the judicial process today. These cases were instructive. A fear of being charged with perjury is non-existent. There is no deterrent for lying under oath. Ask those who are most familiar with the judicial process - lawyers, policeman, defendants. All will agree that lying under oath that is rampant.

A recent Supreme Court ruling highlights this disturbing trend of prosecutors stretching the law to win high-visibility convictions. The Court issued a unanimous and much needed corrective in the case of former Virginia Governor Robert McDonnell, once a rising star in the Republican Party, who was convicted of federal corruption charges. He was the victim of an arbitrary and politicized prosecution. The Supreme Court agreed with him and struck a blow to prosecutorial overreach.

In the United States, local, state and federal law enforcement are not immune from civil or criminal prosecution, and they should not be. However, state and federal prosecutors for the most part are. Why? According to legal scholars this is to ensure that they are not deterred from doing their job. Why are they different from other officials? Giving prosecutors immunity creates a slippery slope, as it enables them to engage in misconduct and behavior that clearly violates the civil and constitutional rights of those they investigate. If prosecutors were held to the same standard as local, state and federal law enforcement, prosecutorial misconduct would be decreasing, not increasing. This is a fundamental problem. There is a need for accountability of prosecutors in the criminal justice system.

The government prosecutors know this and have used it to their advantage. They can distort and exaggerate the justifications to lock up your property, bank accounts and other assets. They can drain you and your family of everything you’ve ever worked for; rip you in the court of public opinion; destroy your family’s financial future; and do everything in their power to prevent you from being able to pay for your defense. These failures and misuses of the system are quickly becoming the norm. They’re far too common. People are being wrongfully deprived of their rights to liberty and freedom without just cause. Where is the outrage!

This brings us to the case of Bernard Kerik and his excellent book, “From Jailer to Jailed,” on government overreach. Kerik spent more than 30 years as a law enforcement officer: as a correction officer in a New Jersey jail; a beat cop in Times Square; the head of New York City’s Department of Corrections which includes Rikers Island; and finally as NYC’s top cop as head of NYPD with 55,000 people.

Following the 2003 invasion of Iraq, President George W. Bush appointed Kerik as the interior minister of the Iraqi Coalition Provisional Authority. In 2004, Bush nominated Kerik to be the head of the Department of Homeland Security. However, Kerik soon withdrew his candidacy, explaining that he had employed an illegal immigrant as a nanny. His withdrawal resulted in state and federal investigations as a result of which in 2006 Kerik pleaded guilty in Bronx Supreme Court to two unrelated ethics violations (unclassified misdemeanors) and was ordered to pay $221,000 in fines. Kerik then pleaded guilty in 2009 in the Southern District of New York to 8 federal charges, including tax fraud and false statements, and on February 18, 2010, was sentenced to four years in federal prison.

In “Jailer to Jailed,” Kerik shares his story as a top cop, his work in Iran and Jordan (he was a very close advisor to King Abdullah), his trial, conviction, and time spent at Cumberland – a federal correctional institution in Cumberland-Maryland.

Kerik provides behind the scenes detail on the war in the Middle East, particularly Iraq, that most will find extremely interesting.

The story about his conviction and eventual stay at Cumberland are equally riveting. Kerik holds nothing back as he recounts the corrupt politics around his conviction (Judge Stephen Robinson, where are you now? Skadden Alps), his relationship with Rudy Giuliani, various people at Cumberland including a corrupt Correctional Officer. He notes that Thomas Geithner who became Secretary of the Treasury had his own problems with not paying taxes but went scot free. (compare David Petreaus and Hillary Clinton indictments or lack thereof) . Kerik’s case is another example of how laws and punishments are often selectively applied. The danger and imbalance are in that selectivity of criminal prosecution… that danger is not just in corruption cases involving public figures, but has now surfaced in other areas of law.

Kerik closes with some thoughts on a new direction for the criminal system:
• Mandatory minimums are critical tool in persuading defendants to cooperate in particular for dismantling gangs and drug operations. But there is overreach and the practice is something else. People are now being criminally prosecuted for once was civil, administrative, regulatory conduct.
• Federal prosecutors have been too fond of hitting nonviolent, low-level drug offenders with conspiracy counts carrying substantial mandatory sentences. This must be curtailed.
• 29 states have taken steps to rollback mandatory sentences, mostly for economic reasons. Why have we evolved into a society that believes that the more severe the punishment the better? There are alternatives – fines, home detention, probation, community service. Punishment should not last a lifetime. Virginia uses a risk assessment program which offers shorter sentences and diversionary programs to offenders who are low risk.
• We need to offer more substantial sentence-reduction initiatives for inmates like “Goodtime” credit and GED programs with incentives to complete.

Kerik is the canary in the mine. Ambitious prosecutors can indict anyone short of St. Francis of Assisi. We need to continue to reign in overzealous or abusive prosecutions. The media has failed us as well. They must do their job as the Fourth Estate and abandon political bias in weeding out political ties and motives that undermine the rule of law.

Over punishing decent people is not only wrong but dangerous for every American and the future of this country. There is no greater threat to a free and democratic nation then a government that fails to protect its citizens freedom and liberty as aggressively as it pursues justice.

This is an excellent book and an easy quick read. Bernard Kerik, the former New York City Police Commissioner who was nominated by President George W. Bush for the cabinet position of secretary of the Department of Homeland Security shares how he ended up spending a years in prison at Cumberland for failing to pay taxes when due for a nanny (though they were paid later), and other minor offenses that parole, fines, and perhaps community service would have been more appropriate "punishment" for. Anyone who hires gardeners, housekeepers or handymen, or "cheats" even a little on their taxes, should read this cautionary tale. Kerik shares his experience with the federal judicial system - judges, attorneys, prisons - providing enlightenment regarding the people incarcerated in our minimum security facilities, selective prosecution, and outrageous (multi-million dollar) expense for attorneys/legal defense. Kerik has expertise and knowledge from a 40-year career working in law enforcement and penal systems -- after spending years behind bars, he sees what needs to be done on both sides of the bars to lower recidivism, provide restitution to victims, and lower costs while deterring others from committing crimes and preparing prisoners to reenter society.

I like this man and have followed his actions since 9-11, he was politically charged and the charges could have easily been resolved in a civil court. But liberal New York prosecutors and this horrific judge in this case abused there power! Imagine that!

To be honest I only made it through about 35 pages. There's only so much boo hoo, woe is me whining that one can take. Nothing's my fault, everyone's out to get me, life in prison is sooo demeaning. Give me a break. Hopefully this is the last we hear from him.

Couldn’t put it down, read cover to cover in 2 hours. Very interesting.

Worst book ever written!

Well written and deeply disturbing on many levels. It shows, without apology and with as little bias as humanly possible, the frightening state of our judicial system and the very real danger to an individual once they become the target of the government. The constitutional protections are not working anymore.

I highly recommend this as required reading for anyone interested in civil rights, civil liberties, and prison reform. Mr. Kerik hits all the bases and does it with the passion learned from first hand experience.

Very eye opening!

Very insightful and inspiring.

Makes U realize how screwed up our Correction system is..
Definitely needs review of sentencing etc.
I know Bernie wrote the book..but if a 1/3 of it is true..
He got "Royally Screwed" along with thousands of other defendants, that can't afford a "Cadillac Defense Team"..