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Susan Estrich
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She Said, She Said

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Here we go again

Meg Whitman says she had no idea that she was employing an illegal immigrant for nine years and fired Nikki Diaz Santillan as soon as she found out.

Gloria Allred says she did know and alleges the Social Security Administration told Whitman and her husband in a letter, found with his handwriting on it, six years before they fired her.

Whitman says she'll take a polygraph test. Her husband isn't talking. Allred admits she's supporting Brown.

Does it matter?

Colin Powell admits that there are people who do work around his house who are almost certainly not documented. It's one more reason why I like Colin Powell. Or two: He's honest, and he's not a hypocrite.

As in most such cases, it is almost certainly impossible to reach an objective conclusion as to what Whitman knew and when she knew it. It's certainly plausible that the housekeeper intercepted the mail; it's very likely that Whitman and her husband relied on the employment agency to make sure the woman they were hiring was in this country legally and qualified to work.

What bothers me is every time Whitman says her housekeeper was a member of her extended family and that she feels sorry for her.

Is that why she fired her?

Is that why she opposes creating a path to legalization for women like Nikki, who have worked hard, who are members of our families, who have cleaned our houses and raised our children?

I should add that when I say "our," I don't mean "my" — but I do mean many people I know, including many who agree with Whitman on the issues. My housekeeper — who is a member not of my extended family but of my family, period — is a United States citizen.

I pay Social Security and provide health insurance. I have no plans to run for office or to be confirmed for anything. I do it because we're both getting on, and I want her to be able to retire with dignity.

I thank my lucky stars that I insisted on the health insurance. After years of her telling me that it was just a waste of my money, she got sick last year. She will be the first to tell you that she almost certainly would have died had the wonderful doctors at Kaiser Permanente — paid for by that insurance — not taken such good care of her.

It's not about what the law requires, but what decency demands. When someone comes into your home and takes care of your children, the obligations go in both directions. When my kids were younger, other mothers would literally tell me that my babysitter was "poisoning the well" by telling their sitters that I was encouraging her to take English classes, giving her time off to do so and tutoring her for her citizenship exam, not to mention the Social Security payments. And in the next breath, they would tell me that they opposed "amnesty." For whom?

Meg Whitman is a billionaire. She has spent more than $100 million on mostly mediocre campaign commercials that have left her either tied or trailing. Couldn't she spare something for the woman who helped free her to make all that money, who did the errands while she was at work, picked up her children and did their laundry? Why didn't she give her money for a lawyer, give her help in exploring her options, take good enough care of her that she wouldn't be vulnerable to be "used" by Allred? And why does she oppose the very sort of path to legalization that she says she was willing to help Nikki with, only to be told that none was available?

To find out more about Susan Estrich and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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Comments

19 Comments | Post Comment
My husband lost his job at age 62 when the non-profit corp he had worked for 10 years shut down, due to deep cutbacks in state funding. Even with a bachelor's degree and a teaching certificate, he could not get hired in his profession, due we believe to age discrimination. ( Fortunately and no thanks to employers or government I was still employed and could pick him up on my health plan or he would have had no health insurance until age 65.) So now he is working in direct competition with illlegal immigrants in the lawncare business to supplement early (reduced) Social Security checks. My point is this: American citizens who have suffered age discrimination in an economy that provides NO job security for older workers are being hurt by illegal immigrants in the few fields they can self-employ, such as cleaning services, landscaping, sitting services for the elderly, childcare, catering, etc. These are also the kind of jobs college students can do on a flexible schedule to help pay for their education as college costs rise beyond the means of many middle Americans. Just thought you might want to know that many older Americans are scraping the bottom of the barrel for any work they can get and when they have to compete with illegals to get those crumbs, it hurts more than their pride.
Comment: #1
Posted by: Laurie Craw
Thu Sep 30, 2010 9:03 PM
Susan, Gloria Allred is an "opportunist". The House Keeper was fired in 2009 and now Glaria shows up with her by her side to seek a little revenew. Where was Nickey all this time? And, how many Maids receive $23.00 an hour?! This sounds like a polictical ploy!!!
Comment: #2
Posted by: Clara
Thu Sep 30, 2010 9:17 PM
How many maids (illegal at that) make over $25/hour? I really feel sorry for Nikki. The Whitmans' have denied seeing the letter. Let Allred produce it! It's simple to prove or disprove BEFORE the election. It won't happen! By the way, Colin Powell is not running for office. If he were, his so-called undocumented workers would be gone!
Also, how did Allred get involved? Who (Brown?) led her to the issue? I'm sure Nikki didn't seek her out!
Comment: #3
Posted by: Early
Fri Oct 1, 2010 5:52 AM
Gloria Allred is the biggest opportunist around. She is why we hate attorneys. I wonder how long it took to practice with Nicky for the crying and carrying on. By the way, when a maid is paid $28 and hour, I'd say she wasn't treated too shabbily. Interesting how the liberal Allred came forward now with the hispanic vote in CA being so large. Dispicable!!
Comment: #4
Posted by: Lynn
Fri Oct 1, 2010 8:06 AM
No person should hate all lawyers. Holdsom in disrepute including mrs Alres.
Comment: #5
Posted by: Allan Kuzma
Fri Oct 1, 2010 8:55 AM
I think we are being too hard on Meg. It is important to understand that Meg is new to the political arena—new in cosmic proportions, having only voted for the first time quite recently—and she finds herself in the cauldron of white hot politics with little in the way of background or even coherent philosophy to provide her a foundation or guidance.

When she famously said she would, as governor, “direct the Attorney General” to join the gaggle of red states who are suing to remove themselves from national healthcare, she should not be faulted for not knowing that a governor has no authority to give direction or orders to other elected officials. She has no educational background in government, no experience in public service (only very recently even showing any interest in government) and has spent most of her life well removed from the body politic. So cut her a break.

Similarly, when Meg has been confronted with inconvenient facts; such as, Jerry Brown never raised any taxes during his governorship, or the unfortunate business of her employment of an illegal alien for the best part of a decade, her response is only human. Who amongst us would not deny when confronted with the evidence that we actually lied about Brown or the evidence that we actually lied about our employment of the illegal immigrant? Well, maybe most of us would fess up when caught in a bald-faced lie, but certainly not all of us and Meg is simply in that second group. So cut her a break.
Comment: #6
Posted by: David Grey
Fri Oct 1, 2010 11:37 AM
David: I hope you are being sarcastic, I really do. However, if your Modest Proposal is actually meant to be a proposal then I have to say no. No we shouldn't give her a break. It is inexcusable for an educated, intelligent person to run for office without knowing what she would be doing at that job.
Comment: #7
Posted by: wyn667
Fri Oct 1, 2010 12:39 PM
It's not easy to follow the logic in this column, but I'll give it a try...

"What bothers me is every time Whitman says her housekeeper was a member of her extended family and that she feels sorry for her.

"Is that why she fired her? "

Is it really possible that Ms. Estrich writes a column on this fiasco, without knowing the answer to this question (hint: it has to do with the 'victim' admitting she had lied to Whitman, involving her in an illegal endeavour - employing an illegal alien who had forged identity docs)

Next questions:
"Couldn't she spare something for the woman who helped free her to make all that money, who did the errands while she was at work, picked up her children and did their laundry? Why didn't she give her money for a lawyer, give her help in exploring her options, take good enough care of her that she wouldn't be vulnerable to be "used" by Allred?"

1. "Spare something" ? Whitman paid the housekeeper $23-plus an hour? That isn't a fair wage?

2. "money for a lawyer" -- after being lied to and having been compromised by the housekeeper, it's Whitman's *obligation* to enable and defend the fraud and duplicity committed by the housekeeper?

3. " 'used' by Allred" -- so the *housekeeper* is the *victim* in this affair? Hello? No sympathy for Whitman and the damage done to her by the housekeeper? Sanity check here: the housekeeper is the one displaying failure in character, and Allred is just the person to exploit the affair (and not for the housekeeper's benefit!). The housekeeper is the *victim* ?! REALLY?!

It seems that Estrich is exploiting the housekeeper and this fiasco in much the same way as Allred. Ignore the law (Estrich *is* a law professor, right?) to score political points... and this is not benefiting the tragic housekeeper in the least bit.

It seems the facts and the law don't matter, only the outcome. Not a persuasive column.

The smoking gun letter from the SSA, read this and judge for yourself what you would have done differently than Whitman and her husband, believing that their housekeeper was a trustworthy individual:
http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0930_gloria_3.pdf

- Bob Elkind
Comment: #8
Posted by: bob elkind
Fri Oct 1, 2010 3:11 PM
Indeed, here we go again. So the Left does everything in its power to enable illegal immigration, fight for their “rights,” give them jobs, free healthcare, free education, in-state tuition, and a host of other freebies . . . but if a conservative/Republican dares hire an illegal, they're branded as a hypocrite. But if that conservative/ Republican dares to ask about the illegal immigrant's status during the hiring process, they're branded as a racist. Even if the illegal immigrant shows documents that appear legal and fools the conservative/Republican into thinking they're legal, and the conservative/Republican hires them, the conservative/Republican is branded a hypocrite. But, if the conservative/Republican dares question the legality of those documents at the time of hiring, or they fire the illegal immigrant upon finding out their immigration status, they're a racist.
Damned if we do, damned if we don't, eh? This is why the Left is....well, the Left.
Comment: #9
Posted by: Bob
Fri Oct 1, 2010 4:25 PM
If you want to see a crystallized view of how truly pathetic this whole fiasco is, spend 9 minutes watching this interview of Gloria Allred (the housekeeper's lawyer) by Greta Van Sustern (also a lawyer, now Fox News Channel program host): http://video.foxnews.com/v/4357012/whitman-scandal-smoking-gun-or-dirty-politics/
A completely shameless exploitation of the housekeeper, putting her in clear jeopardy, for what is clearly a partisan political smear and an attempt to suborn the election. There are two victims here: the housekeeper and Meg Whitman. If it affects the election (either way), then the people of California have been injured as well.
Allred and her companions have no shame, none whatsoever. Estrich is willing to ignore the disgusting sham and hop on board the train.
Comment: #10
Posted by: bob elkind
Fri Oct 1, 2010 9:14 PM
Hi Ms. Estrich,

Please name me one liberal politician who's not a hypocrite! Name me one liberal democratic congressman who voted against impeachment for President Bill Clinton even though there was more than enough evidence to convict. Now, name me one single Liberal who believed President Bill Clinton.

Nuff Said...Dennis
Comment: #11
Posted by: Dennis
Sat Oct 2, 2010 4:04 AM
Re: bob elkind
Greta was awesome! Worth a view. Lawyer to lawyer and dispelling the ridiculous nature of this case. Gloria more than met her match.
Comment: #12
Posted by: Lynn
Sat Oct 2, 2010 7:29 AM
Let us act on Shakespeare's great line, "First we kill all the lawyers."
Comment: #13
Posted by: Paul
Sat Oct 2, 2010 8:32 AM
Perhaps, Professor Estrich, the maid was covered for health insurance by her husband's policy. (Her husband is a legal resident of the U.S., and her children are american citizens, by their American birth.)

Comment: #14
Posted by: Tom
Sat Oct 2, 2010 2:50 PM
So let me get this straight... If I interact economically with people here illegally then either I have to be for amnesty or I'm a hypocrite. That sounds like logic straight out of a Monty Python skit.

We need to overhaul our immigration laws and make being here for work as a non citizen a lot easier. Amnesty has been proven to be stupid and counter productive.
Comment: #15
Posted by: scott365
Sun Oct 3, 2010 8:08 AM
Susan, my friend, you are deluded.
Comment: #16
Posted by: Vincent Steel
Mon Oct 4, 2010 2:55 PM
Meg Whitman blaming Jerry Brown for her lack of moral fortitude? She is the person that hired and fired her maid, not Jerry.
I worked for a man with a strong moral compass, Elvie Dreeszen, a man who went on to become a Iowa State Senator in the early 1980's. When my work visa expired and when he understood that I intended to stay illegally in the USA did he abandon me? No – he sponsored my citizenship. Whitman had the same choice, she just made a different decision. It took 7 years for me to get documented. The Dreeszen family supported me at every turn. I for one would not want to be part of the Whitman's extended family if I were to be a expendable as Nikki Diaz Santillan found herself.
Comment: #17
Posted by: Ian Bossenger
Mon Oct 4, 2010 5:15 PM
Agree with Laurie Craw. A VP engineer was laid off last year. Has been able to find NO work. Finally went to apply as a dishwasher because he had to have some way of supporting his family. they wouldn't hire him because they employed illegals. Even before the crisis the illegals hurt lower end american workers that didn't have the degrees, the background, the IQ. Why doesn't anyone care about them? They have a hard time breaking into that racket - and it is a racket. They don't have the social network either and they face enormous amounts of snobbery from "their own kind" if they do such work. White people often feel more uncomfortable hiring white people as it make the classism more awkward.

Comment: #18
Posted by: colleen
Mon Oct 4, 2010 11:02 PM
Allred is throwing Nikki under the bus, which is interesting as I thought lawyers were supposed to protect their clients. I'll have to ask Susan about this as she teaches law.
IMHO this is just a cheap political move, timed to change the outcome of the campaign and Whitman is right, who will be around to protect Nikki after November?
Seeing that Allred has already thrown all principals of law out the window, do you think she will devulge who put her up to this?
Comment: #19
Posted by: Randal
Tue Oct 5, 2010 7:35 AM
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