But hers is not an ordinary household. Not only is she the nominee of a cleaner-than-thou administration, but her husband, Yale law-school professor Paul Gewirtz, is a leading constitutional commentator. Together they earned $660,345 last year.
Baird told investigators she and Gewirtz had consulted with a lawyer who said it was legal to hire the couple because they were applying for citizenship with the Immigration and Naturalization Service. (The INS would be part of Baird’s domain at the Justice Department.) Baird also said that she didn’t pay social-security taxes for the couple because she didn’t think she had to. She was wrong on both counts: a 1986 law prohibits knowingly hiring illegal aliens. Employers have to pay taxes for all workers, regardless of their status. After talking to Clinton aides, Baird and her husband paid $11,839 in taxes and penalties earlier this month. The couple no longer works for them.
Senate Judiciary Committee members, who will hold hearings on her nomination this week, said they did not think the disclosure posed a serious threat. That could change if outrage grows. She won’t go to jail-INS officials say such employers are rarely prosecuted-but will she go to Justice?