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Prosecutor ‘Guaranteed’ Conviction in Marcos Case

July 4, 1990

NEW YORK (AP) _ Former federal prosecutor Rudolph Giuliani ″guaranteed″ a conviction against Ferdinand Marcos in the case that ended with the acquittals of his widow and Adnan Khashoggi.

A State Department document obtained by The Associated Press on Tuesday said the U.S. Justice Department had concluded ″the evidence is sufficient to prevail. (Giuliani has ″guaranteed″ success.)″

The former Philippine president died in September before the case went to trial. But Imelda Marcos and Khashoggi were acquitted Monday of fraud and racketeering charges.

Mrs. Marcos had been charged with helping loot the Philippine treasury of $222 million and secretly buy real estate, art and jewelry. Khashoggi, a Saudi financier, had been charged with helping her conceal real estate purchases.

The State Department memorandum said Giuliani believed the evidence was so strong that there was no reason to offer Marcos a plea bargain.

The 1988 document did not mention Mrs. Marcos or Khashoggi.

Giuliani left his post as U.S. attorney in January 1989 and lost the mayoral race to David Dinkins last November.

Now at a law firm, Giuliani did not return a phone call Tuesday. A secretary said it is his policy not to comment on cases from his tenure as U.S. attorney.

After the verdicts, Mrs. Marcos joined Khashoggi, 54, at a noisy victory party in a restaurant complete with Arab food, champagne, two bands, belly dancers, a whirling dervish act and a huge cake to mark Mrs. Marcos’ 61st birthday, which was Monday.

Mrs. Marcos, famous for singing to her guests at parties, joined in a duet of ″Ako ay Pilipino (I am a Filipino)″ with Imelda Papin, a popular Philippines singer who left the country after the Marcoses’ ouster in 1986.

Mrs. Marcos went to sleep around dawn, said one of her lawyers, Benjamin Cassiday.

On Tuesday, she left for the Hillsborough, N.J., home of her friend Doris Duke, the tobacco heiress who loaned her a New York City apartment during the three-month trial.

The acquittal touched off speculation that Mrs. Marcos might return home and even mount a political challenge to President Corazon Aquino, who replaced Marcos.

But Aquino said her government still considered Mrs. Marcos a security threat and would not allow her back.

In Washington, State Department deputy spokesman Richard Boucher said a 1989 order by the Immigration and Naturalization Service barring Mrs. Marcos from leaving the country remains in effect. He said the ban was based on the potential for ″destabilizing activity″ should she return to Manila.

Khashoggi, meanwhile, headed to Palm Beach, Fla., and planned to fly to France and then to Saudi Arabia, to visit Islam’s holiest shrine at Mecca.