Some more late fallout from governor Paterson's well-thought-out and masterful handling of filling the Senate vacancy created by Senator Clinton's elevation to State: Per The New York Times, above the fold, newly-minted - and newly pro-equality, imagine - Senator Kirsten Gillibrand was a chief prop to Philip Morris during the nineties tobacco wars.

Now in the Senate seat formerly held by Hillary Rodham Clinton, Ms. 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.

Nice. Put that together with the gun issue and her greased-lightning shift of convenience on civil rights, and it gets more and more certain that Gillibrand will face a primary.

Update: OK, there's pushback from Tracey Russo, who may or may not work for the Senator. Read what she has to say after the break.

I don't know how you feel about this issue, but despite her work for Phillip Morris when she was a law associate, as a member of Congress and the Senate, Gillibrand has clearly voted against the tabacco industry. This "expose" type story is a well-written recycled GOP attack. When she ran for Congress, the republicans used this in ads, microsites and direct mail.

Below are some research that illustrate the truth about GIllibrand's voting record. If you have any questions, please let me know. Unfortunately, I have to be on a plane for a few hours this AM, which is why you are getting this before I've had a real chance to talk to you about helping push back against it. But, I will check my blackberry as soon as I land, and if you have questions, will be happy to get them answered ASAP.

Thanks,
Tracy

SEN. KIRSTEN GILLIBRAND: Tobacco Voting Record

As a member of Congress, Sen. Kirsten Gillibrand has strongly advocated for her constituents in New York. She has consistently voted in favor of tough laws to regulate the tobacco industry and to ensure public health. Sen. 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 Tobacco Free Kids.

Additionally, Sen. Gillibrand 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. Sen. Gillibrand also supports increasing access to tobacco cessation programs to help tobacco users quit so they can lead healthier and more active lives.

Cigarette Tax

The American Cancer Society was one of many public health organizations that strongly supported this legislation. John R. Seffrin, Ph. D., Chief Executive Officer of the American Cancer Society and its advocacy affiliate, the American Cancer Society Cancer Action Network (ACS CAN) said, “Congress should expand this program to provide millions of uninsured children with critical health care coverage, and pay for it with a cigarette tax increase that would encourage millions of people to give up their deadly smoking habit. Expanding SCHIP is also part and parcel of a broader effort to improve access to quality, affordable health care for all Americans.” [Cancer Action Network Press Release, 1/9/09]

Gillibrand Voted to Raise Taxes on Cigarettes. In 2007, Gillibrand voted for bill that would increase the tax on cigarettes by 61 cents to $1 per pack and raise taxes on other tobacco products to offset a $35 billion expansion of the State Children’s Health Insurance Program. The bill would reauthorize the State Children’s Health Insurance Program at nearly $60 billion over five years. The bill passed 265-142. [HR 3963, Vote #1009, 10/25/07]

Gillibrand Voted to Override President’s Veto and Raise Taxes on Cigarettes and Tobacco Products. In 2007, Gillibrand voted for an attempt to override President Bush’s veto of the bill that would reauthorize the State Children’s Health Insurance Program at nearly $60 billion over five years, expanding the program by $35 billion. The bill failed 273-156. A two-thirds majority was required to override the veto. [HR 976, Vote #982, 10/18/07]

In 2008, Gillibrand Voted to Override Bush SCHIP Veto. In January 2008, Gillibrand voted again to override the Bush veto of legislation to renew and expand the State Children’s Health Insurance Program. The bill would have overridden Bush’s Dec. 12, 2007, veto, of the bill that would reauthorize the program at nearly $60 billion over five years, expanding the program by $35 billion. To offset the cost of the expansion, it would increase the tax on cigarettes by 61 cents, to $1 per pack, and raise taxes on other tobacco products. [Vote #22, 1/23/08]

Last Month, In the U.S. House and Senate, Gillibrand Voted to Raise Taxes on Cigarettes to Expand Children’s Health Care. In 2009, Gillibrand voted for bill that would increase the tax on cigarettes by 61 cents to $1 per pack and raise taxes on other tobacco products to offset an expansion of the State Children’s Health Insurance Program. [Vote #16, HR2; Vote # 31, HR 2; Public Law 111-3]

FDA Regulation of Tobacco

In the words of the Campaign for Tobacco Free Kids, “Congress should end this special protection for Big Tobacco by passing legislation to give the FDA authority to regulate tobacco products. The public health community strongly supports bipartisan bills that have been introduced in Congress.” [Campaign for Tobacco Free Kids Release, 7/3/08]

Gillibrand Co-Sponsored and Voted For a Bill to Regulate Tobacco Through the Food and Drug Administration. In 2008, Gillibrand voted in favor of the Family Smoking Prevention and Tobacco Control Act. This bill seeks to remove the exemption that tobacco products have from basic health regulations that apply to other consumer products such as food and medicines. The bill would crack down on tobacco marketing and sales to kids, require larger, more effective health warnings on tobacco products, require tobacco companies to disclose the contents of tobacco products, changes to their products and research about the health effects of the products, ban candy-flavored cigarettes and prohibit terms that mislead consumers into believing that certain cigarettes are safer. [HR 1108, Vote #542, 7/30/08]

Tabacco Free Kids

Statement of Matthew L. Myers, President, Campaign for Tobacco-Free Kids

"As a member of Congress, Senator Gillibrand has a record of supporting strong measures to reduce tobacco use. Senator Gillibrand several times voted for legislation, now law, to significantly increase federal tobacco taxes to fund expansion of the State Children's Health Insurance Program. As a member of the House, she also co-sponsored and voted for legislation to grant the FDA authority over the manufacturing, marketing and sale of tobacco products."