Gillibrand's Past As Big Tobacco Lawyer

Senator Kirsten Gillibrand has come under (figurative!) fire from her new downstate constituency over her support of gun rights and 100 rating from the NRA. She's tried to smooth things over, by removing her name from a gun bill she co-sponsored and emphasized she's concerned just as concerned about gun violence as Senator Chuck Schumer. But now the NY Times brings up a case from her past as a young lawyer—and puts it on the front page: Representing Philip Morris against the Justice Department's attempt to get information on how the tobacco industry lied about the effects of smoking.

According to the NY Times, "Gillibrand plays down her work as a lawyer representing Philip Morris, saying she was a junior associate with little control over the cases she was handed and limited involvement in defending the tobacco maker. But a review of thousands of documents and interviews with dozens of lawyers and industry experts indicate that Ms. Gillibrand was involved in some of the most sensitive matters related to the defense of the tobacco giant as it confronted pivotal legal battles beginning in the mid-1990s." While she started at Manhattan law firm Davis Polk & Wardwell in 1991 (making her 24 or 25 at the time), she "eventually oversaw a team of associate lawyers working on Philip Morris cases, according to a colleague, and was a frequent point of contact between the firm and Philip Morris executives."

Gillibrand was never the lead lawyer on the case, but the colleague Vincent Chang, who "spoke glowingly" of her, said, “The client was always in her office. She was probably accorded more responsibility than the average associate by far.” He also said associates were allowed to decline working on the case. The Times notes, "After initially agreeing to be interviewed by The New York Times, the senator canceled through her spokesman, Matt Canter, who said that focusing on Philip Morris would not reflect the range of her work as a lawyer, which also included representing pro bono clients, including abused women and families contending with lead paint in their homes."

Politico's Glenn Thrush comments, "All you need now is a 'alcohol' angle — and the New York Democrat's got the whole ATF portfolio." He also points out "at least [her] people knew this was coming," noting that a 2005 memo on Gillibrand's campaign research on herself mentions the Philip Morris connection.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on March 27, 2009 2:08 PM

Comments [rss]

fran20

Are so many of you really that gullible that you immediately believe reports in the media without doing your own research? Gillibrand was my Congressional Rep, and she is incredibly hard-working, intelligent, transparent, and dedicated. If you are this reactive and judgmental with any new Senator, you are going to have very few quality choices.

Notice the Times didn't include any actual information about her Congressional VOTING record. Gillibrand has a 100% anti-tobacco, pro-health Congressional voting record. Senator Gillibrand voted in both the House and the Senate to raise cigarette taxes to increase access to health insurance for low-income children. She co-sponsored and voted for a bill to mandate FDA regulation of tobacco products that was strongly endorsed by the public health community, including the American Cancer Society, American Heart Association, American Lung Association and the Campaign for TobaccoFree Kids. Gillibrand also supports smoke-free laws that require workplaces and public places to be smoke-free to eliminate exposure to second-hand smoke. She is a proponent of education initiatives that will prevent young people from starting to smoke and Internet access regulation to ensure that underage kids can’t purchase cigarettes online. She also supports increasing access to tobacco cessation programs to help tobacco users quit so they can lead healthier lives.

Furthermore, Her voting record is solidly progressive. She opposed the war in Iraq, is a staunch advocate of women's rights, pay equity and choice; gay rights; stem cell research; increasing the minimum wage; and expanding affordable housing, Head Start and SCHIP. She is also greatly respected for her experience in financial services and banking. She has been endorsed by numerous progressive democratic issue-groups, including the ACLU, the League of Conservation Voters, EMILY'S List, NARAL, the Sierra Club, and the AFL- CIO.

A "real Democrat?" Can't do much better than that.

Splicer

I only support real Democrats.

NannyState

As the song goes: "Smoke gets in your eyes." eh, Paterson?

ides_of_march

How dare upstate and rural democrats think they can have a senator that represents their views and way of life! Only New York City liberals like Chuck Schumer are allowed.

Meanwhile Charlie Wrangle cheats on his taxes and swindles rent-subsidized apartments from those who really need them.

glennQNYC

Note: The further your positions are from Big Liberal groups, the less slack you get for your associations.

ides_of_march

Let me know when she has done anything actually illegal.

hotstepper

i also heard that she was born with a tail.

tsol

At least she wasn't a community organizer!

Spirit of 76

Three guesses who has a higher approval rating: Obama or Gillibrand.

nicemarmot

Who the hell cares? I mean yeah the tobacco companies are pretty evil, but she was an associate. That means she did what her bosses told her, and from a legal perspective the cases were probably much more interesting than the average work given to someone at her level. I mean if you want lawyers as your politicians, well, they're going to have worked in law. Shocking!

fugothamist

she is a phony & a fraud and a horrible choice for senator.

i will never forgive basil jr for his choice

Toby von Meistersinger

This just proves all politicians are scumbags, especially if they are lawyers.

Guest

She did a job she was hired to do and now they want to lynch her for it? Fuck them!

eyekantspel

Agree with the witch-hunt comment. She worked on some tobacco cases as a big firm lawyer? no junior or mid-level associate is given significant responsibility in tobacco defense cases. She was probably doing document review. big deal.

jaycjay

The articles do say she had much more responsibility than an associate normally would, including that she "eventually oversaw a team of associate lawyers working on Philip Morris cases." But still... so what?

A young lawyer, early in her career, was willing to work on cases important to her law firm! A defense attorney worked for... defendants!