Born to run: Is Preet Bharara destined for political office – and does he want it?

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Preet Bharara

There's an old joke that goes something like this:

One day, G-d woke up and decided he wasn't powerful enough … so he appointed himself U.S. attorney for the Southern District of New York.

I ask Preet Bharara whether that joke holds a grain of truth in a recent interview at his stately office at 1 St. Andrews Plaza.

The 47-year-old prosecutor's eyes light up and a wide grin spreads across his face.

“I've never heard that one. I'm going to use that one!”

It's a good time to be a federal litigator chasing corrupt politicians in Albany – it’s kind of like shooting fish in a barrel. Bharara's recent takedown of two of the three most powerful men in New York state has cemented his reputation as a big-game hunter in the wilds of the New York state Legislature.

But what is most striking about Bharara is his easy ability to laugh, to appreciate a good joke, to banter about the idiosyncratic characters in New York's political world. His intense focus and quick thinking are readily apparent when you first meet him, but it's his playfulness and refreshing sense of humor that are surprising. Especially from someone whose day job is deadly serious, whose very name evokes fear and dread in certain political circles.

As City & State's “Newsmaker of the Decade” and the keynote speaker at the media company's 10th Anniversary Gala, Bharara is an interesting mix of popular and pariah – when inviting guests to the event I encountered some polar opposite reactions.

“Wow! That's quite a get,” said one consultant late last month.

Another Albany insider said: “Preet is your keynote? Do you want no one to attend?”

Such is the reaction that the crusading U.S. attorney elicits these days. When spotted at last year's Inner Circle gala, it was fascinating to witness how many New York power brokers intentionally walked the other way when they spotted Preet coming in their direction.

“When you announce that I will keynote your event, I'm curious to see if attendance drops or rises,” he mused during our late August interview.

Two weeks later, tickets were sold out.


Preet's Favorite Things

  • Clarence Darrow and Atticus Finch
  • Favorite legal hero

    Clarence Darrow

    Honorable Mention – Atticus Finch (from “To Kill a Mockingbird”)

  • The Collesseum, Rome Italy
  • Favorite vacation spot

    Italy

  • Jon McEnroe
  • Favorite tennis player

    John McEnroe

  • Hamilton
  • Favorite Broadway show seen in past year

    “Hamilton”

  • Diet Coke can
  • Favorite soft drink

    Diet Coke

  • Kurt Vonnegut
  • Favorite novelist

    Kurt Vonnegut

  • Bruce Springsteen and Bono
  • Favorite musician

    Bruce Springsteen

    Honorable mention – Bono of U2

  • John Lennon
  • Favorite Beatle

    John Lennon

  • Theodore Roosevelt and Bobby Kennedy
  • Favorite political leader in U.S. history

    Theodore Roosevelt

    Honorable mention – Bobby Kennedy

  • Indian and Italian food dishes
  • Favorite type of cuisine

    Indian food

    Honorable mention – Italian food

  • The Films “Goodfellas”, “Fargo” and “Glengarry Glen Ross”
  • Favorite movie

    “Goodfellas”

    Honorable mentions: “Fargo” and “Glengarry Glen Ross”

  • The Coen brothers
  • Favorite contemporary director

    The Coen brothers

  • Lush Life and The Martian
  • Favorite book read in the last year

    “Lush Life”

    Honorable Mention: “The Martian”

  • The Yankees logo
  • Favorite baseball team

    The Yankees

  • The Knicks logo
  • Favorite basketball team

    The Knicks


If Eliot Spitzer was “The Sheriff of Wall Street” and Rudy Giuliani was “The Sheriff of Little Italy,” then Preet Bharara could be called “The Sheriff of Albany.”

Many observers say that unlike Giuliani, Bharara has not politicized the U.S. attorney's office for personal political gain.

“Bharara has been far more circumspect than Giuliani,” said Bruce Gyory, a political consultant and senior advisor at Manatt, Phelps & Phillips. “Giuliani was focused on building his name recognition and poll ratings heading into his first run for mayor in 1989. Bharara has been focused on winning his cases with almost no photo ops.”

This sentiment was echoed by other prominent political observers. “What differentiates Bharara from Giuliani and so many other ambitious people who have distinguished themselves at the highest levels of law enforcement,” said Bill Samuels, the director of EffectiveNY, “is that Bharara has not winked at the press while insisting he's not using his position as a springboard for higher office.”

Although the state capital is more than an hour north of the Southern District's jurisdiction, Bharara is casting a very ominous shadow on the sketchy dealings of a growing legion of New York legislators – to date, he has a dozen politicos on his wall of shame.

The U.S. attorney has a perfect prosecution record when it comes to hunting down legislators, from the convictions of Pedro Espada in 2012, to Malcolm Smith, Shelly Silver and Dean Skelos in 2015.

Bharara says part of the solution is quite simple: If New York's Legislature self-policed as well as the U.S. Senate, he wouldn’t need to be “The Sheriff of Albany.”

“I have not seen any evidence that there's any serious kind of self-policing going on in the New York state Legislature,” Bharara said in a recent interview with City & State. “The level of self-policing in the United States Senate is many, many cuts above what you have been seeing in the local Legislature. A lot of institutions, whether you're talking about the U.S. Congress or banks or prosecutor's offices, or for that matter colleges, you have to have a robust internal culture of watching yourself and policing yourself.”

But until Albany – or City Hall – decides to undergo significant reforms to ensure self-policing, Bharara will need to bring cases that thwart financial malfeasance among elected officials.

Some believe that Bharara has reframed the discussion about ethics in government. “The office's fight against corruption – not just (in) Albany but throughout the city and state – is something that has changed the image of New York politics,” said Richard Zabel, a former deputy to Bharara who is now working in the private sector. “It has permanently redefined the discussion about what kind of government the citizens of New York want and deserve. But as Preet has said, you can't prosecute your way to honest, transparent government – that has to be brought about by the people demanding it and finding the few representatives who have the courage to change the system they made their bed in.”

Bharara says he hopes his office's work has shown that no one in power is above the law. Taking down Silver and Skelos, two longtime power brokers, sent shockwaves through the political system. “It sends a message to everyone in the public that this kind of conduct is not tolerated,” said Bharara. “Now people are paying attention and taking it seriously. Eventually, that has an effect on the people and the institutions we're looking at. Over time that causes the situation to get better.”

One pundit said that Bharara's unique legal approach has been responsible for his success. “Bharara used the brilliant strategy of arresting Speaker Sheldon Silver and Majority Leader Dean Skelos on complaints rather than indictments,” said Daily News editorial board member Arthur Browne. “The procedure allowed Bharara to describe their conduct in powerful narrative detail, forcing the legislature to dump the officials pre-trial and educating the public about Albany's workings.”

But Bharara also understands the limitations of law enforcement in fixing corruption in government. “We can't do it alone and nobody here pretends that simply bringing a series of prosecutions is enough,” Bharara said. “I often say, putting corrupt politicians in jail may be necessary, but it's not sufficient.”


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  • Preet Bharara
  • Will Preet Bharara run for office?
    We asked a number of prominent New Yorkers to predict what’s in store for the crusading U.S. attorney. The question posed to each of them: “Do you think U.S. Attorney Preet Bharara will run for office one day? If yes, what office and when?” Here are their candid replies.

  • Ken Fisher
  • Ken Fisher, partner at Cozen O’Connor No. I can’t see him dialing for dollars and making political deals. He’ll stay on as U.S. attorney but only through 2017. If he wants to stay on to finish some investigations next year, Schumer will let him, especially since it will take some time to confirm a replacement. He may move up in the Department of Justice (but I don’t see President Clinton wanting Schumer’s person as Attorney General).

  • Bradley Tusk
  • Bradley Tusk, CEO of Tusk Strategies
    I don't think he'll run for anything in the next few years. Can't imagine him running for office before 2021 or 2022. I think he will stay on as U.S. attorney as long as he wants.

  • Sia Davidoff
  • Sid Davidoff, partner at Davidoff, Hutcher & Citron LLP
    I think it very likely that he will run for office one day. He has made it clear that he believes that elected officials need greater oversight and that requires a change in the way business is done by government and elected officials. To do this means legislative changes and executive orders. That desire and the exceptional media attention he gets would most likely convince him that he has the responsibility to achieve that goal through elected office.
    My guess would be that he would run for governor, and that if he won, he would attempt to push through the necessary changes.

  • Betsy Gotbaum
  • Betsy Gotbaum, former New York City public advocate
    I think he will run for governor because he would deem it a more powerful position than mayor, but I do not know if the bucolic attractions of upstate appeal to him.
    I believe he has been a much better U.S. attorney than Giuliani because he does not jump to arrest people in an attention-grabbing way. I believe he is a tough but measured person.

  • Suri Kasirer
  • Suri Kasirer, founder and president of Kasirer Consulting
    There is a tradition that supports the idea of former U.S. attorneys making a run for public office. Preet has an admirable record and very high name recognition here in the NYC metro area, so it makes sense. The only two offices he would consider are governor and mayor, which are currently occupied by two people who have strong records and are likely to seek re-election. The longer he waits after he leaves makes it harder, so he needs to make a decision and pull the trigger sooner than later.

  • Casey Seiler
  • Casey Seiler, state editor and columnist for the Albany Times Union
    He would lose a considerable amount of the glow that currently surrounds him the second he announces any run for office. Right now he's akin to a unicorn; put him on the ballot and he looks like just another show pony.

  • Kathy Wylde
  • Kathy Wylde, president and CEO of the Partnership for New York City
    The U.S. attorney's post is not a great stepping stone to elective office. Mayor Giuliani used it effectively to launch his political career, but that was a moment in NYC history when law and order was the top concern of voters. Preet Bharara could make a compelling candidate – clear vision, great communicator, self-deprecating and personally engaging.
    But to take a serious run for office, he would have to cultivate a constituency and define himself in terms of the issues of immediate importance to voters. He seems more inclined to follow his principles where they lead him, regardless of who gets gored in the process. I would guess his next move is to the private sector, where he will be the hottest commodity in the legal world. Seems like a longshot that he would be reappointed, given the powerful interests of all political stripes that he has challenged during his tenure.

  • Bruce Gyory
  • Bruce Gyory, senior advisor, Manatt, Phelps & Phillips
    I have never thought Preet Bharara would run for office. I always saw him as the consummate legal professional, who loved the law and its processes, with no love and little respect for the traditional political processes. Instead, I see him as someday, perhaps soon, being the attorney general of the United States or down the road on the U.S. Supreme Court.
    But those who know him, as I do not, tell me he would never want to be a judge. Temperamentally they say Preet is a man of action. So if I am wrong that he is not interested in elective office, I have an idea on how he might test the waters of elective politics to see if he likes it enough to get into the electoral arena. If the Con Con referendum passes in 2017, I could see Preet Bharara running to be a delegate to that Constitutional Convention in 2018 and a de facto leader of the reform movement when the convention sits in 2019. That could be a telling segue for him to see if he actually enjoys both running for office and the process of legislating.

  • Alan Chartock
  • Alan Chartock, president and CEO of WAMC radio in Albany
    I'd love to see him run for office. He's fearless and unlike other politicians I've been following for over 50 years. The next president may not keep him on as U.S. attorney for the Southern District because apparently he's been looking at the Clinton Foundation.

  • Preet Bharara and Rudy Giuliani
  • Preet Vs. Rudy

  • Arthur Browne
  • Arthur Browne, Daily News editorial page editor
    They were each products of their times. Long familiar with organized crime, Giuliani made a big breakthrough in conceiving of prosecuting the Five Families as a single racketeering enterprise. He also attacked major New York City corruption, leading to the convictions of a borough president, congressman and the Brooklyn and Bronx Democratic bosses. Deeply implicated, the Queens borough president committed suicide. At the same time, Giuliani staged high-profile public Wall Street arrests that proved ill-founded. He leaked for PR advantage. In making his reputation on corruption, Bharara used the brilliant strategy of arresting Speaker Sheldon Silver and Majority Leader Dean Skelos on complaints rather than indictments. The procedure allowed Bharara to describe their conduct in powerful narrative detail, forcing the Legislature to dump the officials pre-trial and educating the public about Albany's workings. His office has maintained a no-leak standard.

  • Ken Fisher
  • Ken Fisher, partner at Cozen O’Connor Giuliani had a flashier presence and was more media hungry and savvy. He took on a broader pallet of mobsters and Wall Street traders as well as politicians. Bharara may have prosecuted them as well, and terrorists, but his own style as well as the evisceration of local newsrooms lessened the impact on the public's consciousness. Also, 20 years of intervening financial and political scandals have made New Yorkers jaded.

  • Betsy Gotbaum
  • Betsy Gotbaum, former New York City public advocate
    I believe Bharara has been a much better U.S. Attorney than Giuliani because he does not jump to arrest people in an attention-grabbing way. I believe he is a tough but measured person.

  • Sid Davidoff
  • Sid Davidoff, partner at Davidoff, Hutcher & Citron LLP
    The era of the 1980s when Rudy headed the Southern District of New York was very different than it is today in regard to crime. The Mafia was much more prevalent. I think that his tenure there will be remembered most for his investigation and prosecution of mob figures. In contrast, Preet’s legacy will be his concentration on corruption committed by elected and government officials, and his vigorous pursuit and prosecution of insider trading.


]]

To understand Bharara's drive to achieve justice of all kinds – his office has also been active in prison reform at Rikers, prosecuting cyberterrorism and championing the underdog in securities cases as well – it's important to look at his family background. Bharara's grandparents fled Pakistan after the partition of India and Pakistan in 1947 – and like many refugees, they had to abandon all their assets and start over again.

His parents, Jagdish and Desh, settled in New Jersey but had very few resources when they were starting a family. Preet's father was a doctor, and he hoped his two sons would follow the family tradition in medicine. Preet's father often had to work more than one job in order to send his sons to private school – he worked multiple shifts at New Jersey hospitals and clinics and even moonlighted treating jockeys at Monmouth Park Racetrack.

Despite his father's interest in directing his son to medicine (they dissected frogs together in the family backyard), Bharara became interested in law as a seventh grader when he read “Inherit the Wind.” Bharara was inspired by Clarence Darrow's speech to the jury in the 1926 case People v. Henry Sweet: “Make yourselves colored for a little while. It won't hurt you, you can wash it off. They can't, but you can.”

“When I was in a high school speech competition I was asked to present a speech that had been delivered by someone else and I chose Darrow's summation in People v. Henry Sweet,” said Bharara. “He was fighting for a young African-American man who was helping to defend his home against an angry white mob because he had the temerity to move into a neighborhood in Detroit where black people weren't welcome.

“Some of the things Darrow says about the nature of justice and the nature of the law and the human role in enforcing the law and in causing justice to be done in that summation are the finest I've ever heard and I quote from it often.”

In high school in New Jersey, he distinguished himself by winning many debating awards and was selected to give the valedictory address at graduation. He foreshadowed his courageous temperament by giving a powerful speech in defense of a teacher who was fired from the school because of a dispute about overtime pay.

Standing just a few feet from the school's headmaster, Preet bravely spoke truth to power. “We can never forget to question, to doubt, to challenge,” Barhara said. “The target of our questioning may be an individual, an idea, a government, or a school. And that target may be more powerful and more experienced and more knowledgeable than we are. But should that stop us from questioning?”

Bharara continued his speech even after the headmaster walked out in a huff.

At Harvard, Bharara met Viet Dinh in an introductory government seminar, and the two became close friends. “Our first assignment was to determine whether the framers set up the American government based on the idea that man was essentially bad or that man was essentially good,” Dinh said in a recent New Yorker article. “We left class and wound up talking all night. I argued 'bad' and Preet argued 'good.' I am more skeptical. Preet is more optimistic.”

I asked Bharara how, given his current line of work, he can believe in the goodness of people. “I take inspiration from the people around this office who I think are among the best people that I know anywhere. They are public servants who have given up a lot of money – virtually all of them – to do something that requires long hours, most of it not done in front of cameras, to make the world a little better, to make their communities a little better.

“I look at them and see how they conduct themselves with such joy in their work, which is interesting, because the people in my office see human beings at their worst. They see people who kill children, who maim witnesses, who steal from old people, who leave people penniless, who cheat the voters. Really, really bad conduct and bad human behavior. When you see all those things happen and you see the energy with which people approach their jobs – like the prosecutors in this office, and the NYPD, and the FBI and other agencies we work with – there's nothing more inspiring to me than that.”

Bharara is said to inspire those who work with him, and colleagues have called him a great manager and leader. “He is fearless but fair,” said Zabel, his former deputy. “He can operate at a big-picture level, as a U.S. attorney should, but he can and will get deeply into the nuances and details of matters when it is called for. He can process a lot of information quickly and has a great sense of strategy.

“Everyone who has worked under Preet has felt the office has been a place of great achievement, professionalism, camaraderie and fun.”

When Zabel left the office last year for the private sector, he was subject to the usual roast of departing colleagues. Showing his lighter side (and a surprisingly good singing voice, Zabel said), Preet sang a farewell song to the tune of Don McLean’s “American Pie.”

Zabel got a chance to respond. “Since I left the office, everyone has been asking me the same question. Have I seen ‘Billions’?”

Many people believe that the main character in that cable series, a hard-charging U.S. attorney who vigorously cracks down on a hedge fund billionaire, is based on Preet's pursuit of Wall Street billionaire Steve Cohen. On the fictional series, the U.S. attorney is also married to a woman who likes to dress up as a dominatrix.

“The truth is, I haven't seen it,” Zabel said at the roast. “But I did see a clip, where a woman in a dominatrix outfit stands astride our shirtless U.S. attorney, burning him with a cigarette and then urinating on him,” Zabel mused.

“I am surprised how since I left they have lost control of (Preet's) image.”

In addition to his camaraderie with his colleagues, Bharara is said to have a close but rivalrous relationship with his younger brother, Vinit. Like Preet, Vinit went to Columbia Law School, but he decided not to pursue a career in law – he is a very successful entrepreneur. Vinit created a company, Diapers.com, that was sold to Amazon in 2011 for more than half a billion dollars.

Preet told the New Yorker: “That's my brother's way of saying, ‘Hey bro, I see your whole U.S. attorney thing, and I raise you $545 million.’”

A favorite parlor game in the political world is predicting what's next for the U.S. attorney from the Southern District.

I pose this to him directly: How do you respond to those people who ask what you're going to do next?

Bharara swats away this question with wit.

“Depending on what time of day it is I talk about the next meal I'm going to have,” Bharara says with an impish grin. “I think right now the next meal I'm going to have is dinner.”

OK. Let's try a different approach.

Usually when a new president comes into office, the U.S. attorneys resign, and then they may be reappointed. Is that what you plan to do with a new president coming in?

“We're really busy for the next few months and you'll be seeing the kinds of things the men and women in this office have been working on,” said Bharara. “My view has always been that this is seven years and counting now, which is a fairly long tenure in this job. I think it's one of the longest in the last hundred years or so. I love the job more than anything else I've done. I'm not tired of it. I'm enjoying it.

“We'll see if people let me do the job.”

Would you rule out ever running for elected office?

“It seems really, really, really unlikely.”

But like Rudy Giuliani was able to leverage his high profile stint as U.S. attorney into the mayoralty in 1993, many on the political scene see a bright future in elected office for Bharara.

If he wants it.