James Smith vindicated.
Politicized District Attorney's office humiliated.
Wednesday, March 31, 2010
Political Business on County's Time Clock
Yesterday we told you of the report by Channel 10's Ray Levato on his Twitter blog from the James Smith trial:
One person in the courtroom every day to observe works for Democratic minority in the county legislature.That would be a county employee.
That County employee, who's been at the Smith trial during working hours every day of the trial has now been identified, by someone at the courthouse. It's Joe Rittler, a member of the Democratic Minority Staff in the County Legislature.
Our friends at Monroe Rising have confirmed it also.
On County time! On the taxpayer's dime! Not at a strip club, but at a spectacle even more morally degenerate: a political show trial.
From another source, we have confirmation that County employee Rittler also attended every court appearance of former GOP Executive Director Andrew Moore. Again, during working hours, on the County's clock.
Prosecutor William Gargan and his boss, not-to-be-Federal-Judge Mike Green have shown us what to do in these cases:
Maggie Brooks: Call the cops immediately. If you wait until tomorrow, you could be indicted as a lawbreaker, for shielding a wrongdoer from justice.When will the DA bring the indictment? We'll be waiting.
Messrs. Gargan and Green: Indict! Here's another clear case of petit larceny. Rittler's doing exactly what the Robutrad workers did, only at a courtroom instead of a strip club, and you indicted them.
Tuesday, March 30, 2010
From Our Legal Correspondent
A rare e-mail from our consultant on legal matters, Algonquin deVere, Esq., of the venerable old Mustard Street law firm, Eaton, Beaton & Blone, LLP:
James Smith trial will result in a hung jury. Prosecutor is sufficiently astute to assure the jury includes members predictable enough to vote guilty for the crime of being a Republican. But he couldn't get 12 of them. Jury will include at least a few honest and smart enough to stand by the central reality that Smith did nothing criminal. Neither bloc will give in. Result: hung jury.For what it's worth.
Assemblyman Errigo Bows Out
Just in: Assemblyman Joe Errigo about to announce he's not running for re-election.
Notifying GOP leaders in the 130th District yesterday and today.
As the Vultures Circle ...
The jury's deliberating now in the trial of James Smith.
According to the Twitter feed of WHEC-TV's Ray Levato,
One person in the courtroom every day to observe works for Democratic minority in the county legislature.Well certainly. This prosecution and the one against Andrew Moore were brought for the benefit of that Democratic minority. It was supposed to be their ticket to the majority last November.
After this is over, the Republican majority of the County Legislature should start an investigation into how much taxpayer money the District Attorney squandered on these political persecutions.
Monday, March 29, 2010
The Prosecution Rests. In Deep Doo-Doo.
Amateur Hour at the DA's Office
Prosecutor William Gargan and his boss, District Attorney Michael Green, owe a big "thank you" to Judge Richard Keenan. He's the judge who threw out the DA's case, such as it was, against former County GOP Executive Director Andrew Moore. That spared Gargan and Green the humiliation of going through twice, instead of once, what they've gone through with their prosecution of James Smith: arguing a trial in which they have no case and no evidence.
For a week the refrain from reporters covering the trial of Smith, the former Monroe County Deputy County Executive, has been: Prosecutor Gargan's witnesses say lots of interesting stuff about what the Robutrad workers did. But what's it have to do with the person on trial? And that's when things were going well for Mr. Gargan.
Then there were the prosecution's bad moments. Especially with the two witnesses Mr. Gargan saved toward the end, no doubt expecting to generate the most impact with the jury.
Robutrad ringleader Robert Morone said: James Smith knew nothing about our illegal activities.
County Executive Maggie Brooks said: James Smith never questioned my decision to call in law enforcement, and never tried to talk me out if it.
Then, of course, came the inconvenient fact that law enforcement actually was called in, immediately. Which renders irrelevant to the legal issues any opinion voiced by Smith about how the media might try to use it against Republicans generally. It just shows that Smith has clear foresight.
Not the testimony a prosecutor wants when he's accusing someone of shielding wrongdoers from law enforcement. But that's what you get when you contrive a prosecution for political reasons. You end up arguing a case with no evidence, and without either the facts on your side or the law.
As the trial's gone on, Prosecutor Gargan has become increasingly defensive and rambling in explaining himself to the press, not responding to questions about failing to connect any dots to the defendant, James Smith, but retreating to generalities about trials being like "putting together a puzzle" that only becomes clear at the end.
Maybe that's how he and Green rationalized initiating this farce in the first place.
But wouldn't they have expected what happened this morning? The presiding judge, Frank Geraci, pointedly asked Prosecutor Gargan whether there was anything criminal involved in the actions of James Smith.
Which forced Gargan to admit publicly for the first time, that nothing in the law says Smith did anything illegal:
Assistant District Attorney William Gargan acknowledged today that there was no clear description in either law or the county charter about how Smith should have dealt with the allegations.
Thursday, March 25, 2010
The Political Show Trial of James Smith
Democratic Assistant DA William Gargan opened his argument in the trial of former Deputy County Executive James Smith with this breathtaking hypocrisy: "When you choose to serve the public, you have to act in the best interest of the public, not the party." Physician, heal thyself.
Gargan's claim to "try to keep politics out" of the trial is as unbelievable and flimsy as the evidence he proffered in his other "Robutrad" case, against Andrew Moore, which the judge dismissed in its entirety, citing a prosecutorial theory "bordering on the preposterous."
The trial of James Smith is nothing but a political show trial. A pointless show trial, since Smith's indictment and the Moore indictment failed to produce their intended effect: to influence last November's County elections so as to flip the County Legislature to the Democrats.
Wednesday, March 24, 2010
Change We Can Believe In
WASHINGTON – A beaming President Barack Obama on Tuesday signed a historic $938 billion health care overhaul that guarantees coverage for 32 million uninsured Americans and will touch nearly every citizen's life, presiding over the biggest shift in U.S. domestic policy since the 1960s and capping a divisive, yearlong debate that could define the November elections. -- Associated PressThe part so cleverly written is "and will touch nearly every citizen's life." To the middle class this means HOLD ON TO YOUR WALLETS, YOU'RE ABOUT TO BE TOUCHED! Yes friends, that's change we can believe in. As in, "I believe that I will be broke soon." Jeez, Louise!
Tuesday, March 23, 2010
The Political Maneuverings of Assistant DA Bill Gargan
Assistant District Attorney William Gargan has been quoted as saying, "The Judge's dismissal is an appropriate action."
No, he wasn't talking about Judge Richard Keenan's recent dismissal of all charges against former County Republican Executive Director Andrew Moore.
This happened two years ago, when Gargan, no doubt reluctantly, found himself required to prosecute Assemblyman David Gantt, after Gantt's arrest for disrupting a County Legislature meeting.
Prosecute the Brickthrower
And if someone incited the incident, prosecute the inciter, too.
The report on 13 WHAM TV, that we learned of courtesy of Rottenchester, adds information that's alarming, if it's related to the brick incident. Yesterday we described the brick throwing, by whomever did it, as base and uncivil.
We were in the company of none other than County Democratic Chairman Joe Morelle, in wondering whether the incident had to do with local unions' displeasure over the Mayor's proposal to take control of the City schools.
We do not believe the word of Louise Slaughter can be trusted, absent independent verification, but let the authorities pursue it and the brick-throwing, and bring the perpetrators to justice -- whoever they may be.
The only thing we can say with certainty: you'll know if it was some misguided teapartier, because the story will be all over the media.
If it turns out to have been a unionist from the downtown protest of the Democratic Fundraiser on Saturday night who had too much to drink -- we don't expect much reporting about it. It won't fit the desired theme.
Monday, March 22, 2010
Are the Media Having a "Burning of the Reichstag " Moment?
First there was no note attached to the brick tossed through a window of local Democratic Headquarters. Now, conveniently, according to the Democrat and Chronicle, a note has miraculously turned up, bearing a quote from Barry Goldwater, no less!
Reminiscent of the Nazis using the burning of the Reichstag in 1933 to blame their political opponents, as a pretext to imposing martial law. It's believed they torched it themselves, for that very purpose.
Our local media has been quick to try to connect the incident to a brick-tossing through Louise Slaughter's office window in Niagara Falls. None except Channel 10 have made the connection with the picketing and protest just hours before, by a hostile union crowd at the annual County Democratic fundraiser downtown, over displeasure at the Democratic Mayor seeking control of the City schools, and the County Democratic Chairman supporting him.
The Channel 10 story actually quoted Democratic Chairman Joe Morelle saying he believed the act of vandalism "could be about mayoral control" of the City School District, "not health care." But the rest of the media seems intent on using this incident to portray opponents of the health care disgrace as "extremists." An act as base and uncivil as the brick-tossing itself.
Sunday, March 21, 2010
Is This What Unions Do to Democrats Who Cross Picket Lines?
A brick was thrown through a glass door of the Monroe County Democratic Headquarters. It is believed to have happened Saturday overnight...Did somebody have too much to drink at the "Anti-Mayor's Ball" held by the picketers at the Radisson last night, after picketing the Mayor's Ball across the street?
Saturday, March 20, 2010
Mollie Clifford for Superintendent?
That's what one picketer's sign asks at the picketing going on at all entrances to the Convention Center right now. Teacher's Union members and supporters are out in force tonight, heckling drivers crossing the picket line to enter the South Avenue garage, the gateway to the convention center.
"With friends like Morelle, who needs enemies?" asks another picketer's sign.
We're down here checking things out, and it looks like plenty of Democrats are crossing those picket lines tonight.
Thursday, March 18, 2010
Mayor's Ball is On. Will Unions Back Down?
As a Fundamental Doctrine of the Faith, honoring a union picket line, for the Democratic Party, is on a par with the Immaculate Conception in the Roman Catholic Church.
So it will be interesting to see what happens this Saturday at the Mayor's Ball, the Monroe County Democratic Party's principal annual fundraiser. The Genesee Valley Labor Federation, on behalf of the teachers union and other unions, has said it will boycott and picket the event. The unions are unhappy with Mayor Duffy's proposal to take control of the City schools, and of Democratic Chairman Joe Morelle's support of the Mayor's plan.
Last week we wondered whether the union picket would force cancellation of the Mayor's Ball. Would our local politicos have two balls this year -- the Democratic Mayor's Ball and the Republican County Exec's Ball -- or just one?
The Mayor's Ball is a go. Apparently they're laying on some security in case there's trouble. We don't think there will be. We think the unions will punt.
It's easy for the unions to punt and save face. If they picket outside the main doors of the Convention Center on Main Street, nobody has to cross anything. People going to these big events at the Convention Center don't enter through the street-level doors. They enter from the parking garage next door. It connects to the Convention Center by an enclosed pedestrian bridge across South Avenue.
So unless the unions are planning to picket the entrances to the South Avenue Garage, they'll be putting on a show by the front doors on Main Street that doesn't make anybody cross a picket line.
Which makes sense, because it's not in their interest to interfere with their own party's big fundraiser.
Steve Levy Has Such Good Ideas
... no wonder he has to leave the Democratic Party.
And he offers specifics, not generalities. As in today's N.Y. Daily News.
NY - 29: Koon in Hornell; Frankel Out
Fairport Assemblyman David Koon appeared at Hornell's St. Patrick's Day Parade on Saturday. A long drive if you're not running for something. Democrats need somebody dimwitted enough to take on the race against Reed, so it fits.
Meanwhile, word is that up at the other end of the IQ scale, Brighton Supervisor Sandra Frankel won't be a candidate for the congressional seat.
Steve Levy Entering Governor's Race
Democratic Suffolk County Executive Steve Levy is about to switch parties, to enter the race for the Republican nomination for Governor. Says he hopes to be Scott Brown II.
Good news for rank-and-file Republicans, who don't have much enthusiasm for Lazio and see his run against Cuomo as hopeless.
Wednesday, March 17, 2010
Washington Post Confirms Lonsberry on Massa
Monday's Washington Post confirms the information, first disclosed by Bob Lonsberry, about Eric Massa groping shipmates in the Navy. Left-wing sources denounced Lonsberry's report at the time as "rumor and innuendo."
Not a whisper about the WaPo story, or what it discloses, in the Democrat and Chronicle, of course.
Massa, a freshman, said his decision was based on news that the cancer he battled a decade ago might have made a recurrence.
He was also dogged by reports that he allegedly sexually harassed members of his staff, a charge he denies.
Tuesday, March 16, 2010
Unshackling Nothing -- Part III
Unshackle Upstate, the effort run by the Rochester Business Alliance, ostensibly for the purpose of pursuing policy reforms to improve New York's toxic business climate, has proposed to step up its political activity.
Our analysis of the group's leadership, and of the group's proposal to rate state legislators, raises questions about Unshackle's purposes, and about the motives of its leaders, Executive Director Brian Sampson, and his boss, Rochester Business Alliance CEO Sandra Parker.
Is Unshackle serious about accomplishing real policy reform? Or are its real purposes to deflect criticism from state legislators who maintain the status quo, and to channel the business community's interest in reform into a dead end?
Unshackle Upstate now proposes to make a limited number of endorsement in state legislative races this year. This will be where the rubber meets the road. The endorsements either will confirm, or diminish, concerns about Unshackle and the RBA.
These represent just three of the policy issues highlighted on the RBA's own website. In the context of the Albany political culture, accomplishing any one of them would be a change of tectonic magnitude. In the context of what's needed to fix New York, accomplishing all three would amount to a baby step in the right direction.
1. Will you vote to repeal the Wicks Law?
If no such legislation is offered, will you introduce the legislation to repeal it?
2. Will you vote to repeal the Triborough Amendment to the Taylor Law?
If no such legislation is offered, will you introduce the legislation to repeal it?
3. Will you vote to cap annual increases in property taxes for all taxpayers to no more than 4%?
If no such legislation is offered, will you introduce the legislation to impose such a cap?
A legislator who can't answer "Yes" to at least one of those questions does not deserve the endorsement of any group that genuinely supports improving the business climate in New York.
Such baseline "go / no-go" questions are necessary if Unshackle hopes to accomplish anything meaningful for business -- and, therefore, for citizens who look to businesses for jobs. We will learn much about Unshackle from its baseline questions, from whether it will have any at all, and from whether it will make them public, in addition to other criteria for endorsement. We'll learn much, if other endorsement criteria open a loophole that a candidate beholden to the union agenda can sail through. Similarly, we'll learn much, if Unshackle endorses candidates with a history of accepting substantial contributions from unions that oppose Unshackle's and the RBA's agenda.
The cozy political relationship between the RBA's CEO Parker and County Democratic Chairman and Assemblyman Joe Morelle is too well known for Unshackle, we think, to be as blatant as to endorse Morelle. The group stated carefully that it would make a "limited" number of endorsements, so it can leave Morelle's race alone altogether. Yet we'll learn much by how Unshackle rates Morelle on its "report card," and how it rates other lawmakers who, like him, are largely bankrolled by public employee unions and other unions adamant in opposition to each of Unshackle's and the RBA's proposed reforms.
In addition, the competitive comparabilty of candidates endorsed by Unshackle will be telling. Will Unshackle endorse Democratic candidates supported by unions in competitive races, and seek to create an illusion of "balance" by endorsing Republicans who support Unshackle's agenda, but who are running for seats Democrats are guaranteed to win? Like those City districts where the Democratic candidate could firebomb a day care center and still get elected for life?
If Unshackle Upstate is doing the job it wants upstate business to think it's doing, it shouldn't be looking for any partisan balance at all.
Instead, it should focus on: Will the candidate pledge to take affirmative steps to introduce, and seek enactment of, the legislation that Unshackle's and RBA's reform proposals require, in order to become enacted? Not legislation that uses the right sounding words but whose content won't go near the areas in need of reform. If not, then Unshackle Upstate shouldn't be endorsing that candidate. As to how that affects the distribution of Unshackle's endorsements -- that should be irrelevant. Let the chips fall where they may.
That's how a group genuinely dedicated to actually accomplishing something would do it.
As the political season unfolds, we'll be watching to see whether Unshackle Upstate starts moving toward unshackling something.
Monday, March 15, 2010
Give GOP County Legislators Credit
Very rarely have I disagreed with the thoughts and opinions that Philbrick posts. But I disagree with his recent criticism of Republican county legislators. Philbrick has criticized them for being too passive in responding to the Democratic plan to reduce the size of the County Legislature, even suggesting they resign if they're not willing to be more assertive. I respect Philbrick, but he has it wrong on this one.
I agree that the Democrats' proposal for a smaller Legislature is a fraud, because it's just their way of attempting to hijack the redistricting process in their favor, thus overriding the will of the voters of Monroe County. But is this the time to fight the point?
Friday, March 12, 2010
Quatro Comes Through
We spoke too soon about Republican county legislators not standing up to the Democrats' deceptive proposal to tamper with the number of county legislators.
Just listened to yesterday's Bob Smith show on WXXI (courtesy of AV Replay).
County Majority Leader Dan Quatro came out with both barrels loaded in discussing the Democrats' latest cheap trick. Mr. Quatro has done his homework, and was a forceful and persuasive advocate, exposing the proposal for what it is. A genuine leader.
Thank you, Mr. Quatro.
BROOKS WON'T RUN FOR CONGRESS
Announced late this morning.
Over the last several days I have been overwhelmed by the outpouring of support from everyday taxpayers across our community who encouraged me to run for Congress. While it would have been a distinct honor to represent the hardworking residents of New York’s 29th Congressional District, after thoughtful deliberation with my family, friends, and community leaders I have decided not to seek a seat in Congress at this time.
When I was first elected Monroe County Executive over six years ago, I pledged to always act in the best interests of local taxpayers. I’ve used that pledge as the basis for every decision made during my tenure, whether in governing or politics. We have accomplished much since 2004 – six straight years of balanced budgets and stable property taxes, helping local businesses create and retain thousands of jobs, ensuring our public safety services are among the best in the nation, and continued efforts to make government more efficient and accountable to taxpayers. However, in these challenging times, I feel more work remains to be done.
I am eternally proud to call Monroe County my home and am honored to have continually received the trust of our local taxpayers. Together, we are tackling the challenges faced by all levels of governments right here on a local level – and we are certainly succeeding. The time may come when we take our message of stable taxes, controlled spending, and job creation to the halls of Congress, but today I couldn’t be prouder to continue serving our community as County Executive.
Who Says Politicians Don't Have Balls?
Tomorrow night comes the County Executive's Ball for the Republicans. The Mayor's Ball, for the Democrats, comes a week later, March 20. Maybe.
Each is the principal annual fundraiser for the respective parties. It's unclear at this point whether the threat by the teachers' union and other unions to boycott and picket the Democratic event, over displeasure with the Mayor's proposal for the City schools, will force cancellation of the event or impair the party's fundraising.
Hitler
Has only got one ball.
The other
Is in the Albert Hall.
Himmler
Is very sim'lar.
And Joseph Goebbels
Has no balls
At all.
As Predicted Here
Yesterday our own Tony commented on the Democrat and Chronicle's editorial endorsement of a plan, floated by county legislature Democrats, to game the political system to increase their chance of winning the majority. How? By tampering with the number of legislators.
The editorial fulfilled our prediction: "When the Democrat and Chronicle does its editorial in the next few days backing the Democrats' plan to reduce the county legislature, we're betting they won't be looking for similar savings in City Council."
The D&C also mimicked a central deception of the Democrats' argument: that, to save expense, we should cut our number of legislators to 15 because Erie County has 15. As we noted:
By refusing to increase legislators' fees over a period of more than a decade, Monroe County has exercised cost containment in legislature expenses constantly, over the years. Therefore, unlike Erie, it doesn't have to make the massive adjustment, in fees or number of legislators, that Erie must consider now.What they carefully omit is that each of those 15 Erie County legislators is paid $42,588 per year (as of 2007; it may have increased since then.) Monroe County legislators are paid $18,000 per year, an amount that hasn't risen since the early to mid-1990's. It doesn't end there. Erie County pays for a district office for each county legislator. Monroe County legislators? No district offices.
How bereft of intellectual and moral integrity must a person be, to qualify as editorialist for Gannett's sorry remnant in Rochester?
Thursday, March 11, 2010
D&C Editorial Board Supports County Democrat Initiative!
Continue Their Focus On Issues That Don't Matter
Interesting that with all of the important issues out there, the politically motivated prosecution of Andy Moore,the need for Governor Paterson to resign, former Congressman Eric Massa's "tickle fights" with his staff, the Democrat and Chronicle editorial board decided to tackled the critical issue of reducing the size of the Monroe County Legislature.
This ill advised plan would take power away from voters by replacing what is essentially a citizen legislature with one that would be more open to the influence of the special interests that support the Democratic Party.
Currently, it would take a minimum of around $20,000 to run a competitive race for the County Legislature -- you'd probably be outspent but you could be competitive.
This is quite a bit on money, but a sum which is attainable for many. If you double the size of the district, you double the amount of money needed to communicate with voters.
Bigger districts would make it more difficult for "average citizens" to run and make it easier for incumbents to get elected. It would also increase the influence of party bosses. I think this is the real goal of Democrats proposing this scam.
You would have more politically connected professional politicians like Carrie "stop looking down my blouse" Andrews, Harry Bronson, Vincent Esposito and fewer of the citizen legislators that dominate the Republican caucus.
Let's hope Republicans in the County Legislature follow the lead of everyone else in our community and ignore the D&C editorial board. This proposal shouldn't see the light of day!
Unshackling Nothing - Part II
Unshackle Upstate is proposing to step up its effort to win badly needed changes in dysfunctional New York State policies. The policies that make New York one of the worst places in the country to do business. Specifically, Unshackle plans to issue "report cards" to all members of the State Legislature, and to endorse a limited number of state legislative candidates in this year's election.
Will this give traction, for the first time, to Unshackle's agenda? Or will it prove to be another fruitless exercise by the group?
The answer is: it all depends on how Unshackle determines its report card ratings and its endorsements, and by whom it endorses. That, in turn, will do a lot to answer the questions we raised about the quality of Unshackle's leadership and the motives of its Executive Director Brian Sampson, and the power behind him, Rochester Business Alliance CEO Sandra Parker.
COMING NEXT -- Unshackling Nothing - Part III: Unshackle's Agenda and Its Coming Endorsements -- Alignment or Disconnect?
Wednesday, March 10, 2010
A Messy Massa Contradictions
Enough, Already.
The story that Democratic Congressional leaders forced out Eric Massa by leaking the ethics charge against him is clearly false. There are abundant reasons to recognize this, principal among them that Eric Massa said it happened that way.
We think The Fighting 29th summarized the matter best, and White House Press Secretary Gibbs the most succinctly:
"... let's go through what we've heard from Congressman Massa. Last week, he, on Wednesday, was having a recurrence of cancer. On Thursday, he was guilty of using salty language. On Friday, we learned he's before the Ethics Committee to be investigated on charges of sexual harassment."With that, there seems no further need to dwell on the spectacle of the past week involving Eric Massa.
Massa's TV appearances yesterday amount to striking the rock ledge during the plunge from the cliff. He lands in that oblivion where any life in the public sphere is now confined to the likes of Howard Stern, or similar freak shows offering a venue to a 50-year old man for whom confessing to a "tickling contest" with staffers is preferable to acknowledging what really happened. Massa's apotheosis is complete. He's become the Joey Buttafuoco of resigned politicians.
About which we have nothing more to say.
Special Election Makes No Sense for Democrats
Governor Paterson says he'll call a special election for the 29th Congressional District "as soon as possible." But why would the Governor, who has discretion in the matter, call a special election when there's nothing in it but trouble for his party?
Given that it's highly likely a Republican would win, that's one more vote against passing the Senate health care bill in the House. The President and Pelosi want that?
And the likely Republican win would just underscore, once more and closer to November, public unhappiness with the President's party.
While a special election would force Republicans to pay for two campaigns in short order rather than one, any advantage brought by that surely would be more than offset by the disadvantages to Democrats we've described. Among the disadvantages, in addition to those we've discussed, would be national media attention that inevitably would carry some echo of the squalid Massa farce. Democrats don't need that.
Why is Governor Paterson doing this? Why don't Democrats at the national level ask him to drop the idea?
Tuesday, March 9, 2010
Robo-calls from Tom Reed
Looks like Corning Mayor and Congressional candidate Tom Reed is taking some pre-emptive action against a possible Maggie Brooks run for the 29th District nomination. A reader, a registered Republican in Monroe County, alerts us that she received a robo-call today from Reed. She recorded the message from her answering machine:
Hi. This is Tom Reed, candidate for Congress. Tonight I'm calling upstate New York voters to participate in a live, telephone town hall meeting, to discuss recent events, and answer some of your questions. I'm sorry that I missed you, but we will be doing this again. If you would like to contact me, please visit us, on the web, at www.tomreedforcongress.com. That's tomreed -- R-e-e-d -- forcongress.com. Thank you very much, and have a good day. Paid for by Tom Reed for Congress."
MOORE VINDICATED; JUDGE DISMISSES ALL CHARGES
Judge Richard Keenan held that prosecutors presented insufficient evidence to the grand jury to support the criminal misdemeanor charges against Andrew Moore, former Executive Director of the Monroe County Republican Party.
This political prosecution was a farce from its inception, as Mustard Street has pointed out repeatedly. A low-water mark for the office of District Attorney Mike Green; his Duke rape case.
This was the case about which a professor of criminal law said:
"... he was surprised to see a political endorsement letter at the center of a criminal charge of rewarding official misconduct. The crime requires the accused to knowingly “confer” — or help others confer — a “public benefit” upon a public servant who violates his or her duty.So ends the most blatantly abusive prosecution we can ever remember seeing in Monroe County.• • •
“It must have been a great letter. It almost makes (this allegation) seem kind of funny, except for the fact that the person indicted has to go through this ordeal.”
Evening Update
Judge Keenan's full opinion can be downloaded from WHEC Channel 10's website. Link is in the fourth paragraph.
Now They're Calling it "Sexual Harassment"
What's changed? Why, Eric Massa is now attacking the Democratic Party. That's what's changed!
And suddenly, after days of not daring to speak the name of the ethics charge against Massa, now the mainstream newspapers are calling it what it is.
Mustard Street criticized stories in the Democrat and Chronicle here, here, and here for whitewashing the ethics complaint.
Sunday Massa attacks his own party. This morning -- in the the lead editorial! -- the D&C calls it "sexual harassment," and refers to "charges involving a male staffer."
The New York Times couldn't bring itself to mention "sexual harassment" in its first story, on March 4, or in its second story on March 6. But now that Massa's attacked Democratic Party leaders? And is going on Glenn Beck's show on Fox News to talk about it? Today's story begins:
"Representative Eric J. Massa, a Democrat from upstate New York accused of sexually harassing a male aide ..."As if it's part of his name.
Monday, March 8, 2010
Even Macbeth Had the Porter Scene
Received at Mustard Street: a communique from Randy Kuhl, of all people, regarding Eric Massa's resignation. It concludes, "I will address any political decisions in the future ..."
Forget about it, Randy. You brought on this mess by blowing it so royally. Enjoy your retirement.
We Told You Massa Didn't Resign for Health Reasons
And now Eric Massa's saying the same thing. As our own Lucy wondered in her posting this weekend, was the Congressman's resignation the result of a setup by the Democratic Party leadership in Washington? Massa now says it is.
"Mine is now the deciding vote on the health care bill, and this administration and this House leadership have said, quote unquote, they will stop at nothing to pass this health care bill."
We all have to be careful here. This sounds like it's part of Massa's effort to explain away the same-sex sexual harrassment allegations that the House Ethics Committee now can't investigate because Massa's resigning.
He's saying the allegation stems from a single incident, his behavior at a New Year's Eve party, which, in the Congressman's rendition doesn't sound any worse than what happens in an ordinary college fraternity house 10 times a day.
Funny thing though. As explained by Massa, the New Year's Eve story contains none of the infamous "salty language" that would "make a Chief Petty Officer blush" -- that Massa told us all on Friday was the reason for the ethics complaint against him.
And then there's this:
A Massa aide has told POLITICO that the New York Democrat has been engaged in inappropriate behavior “for eight months.”Must have been one wild New Year's Eve party, if it lasted for eight months. It's rapidly becoming more challenging, for the people trying so hard to ignore or explain away the ethics charges, to keep all of Massa's stories straight.
Drudge is all over this story today, and as always, Rottenchester at The Fighting 29th has the best coverage and analysis.
Sunday, March 7, 2010
No. MASSA is "the Latest Scandal"
"Paterson just the latest scandal" says the Democrat, and Chronicle of Lies in its local section headline this morning. A story on the spate of politicians involved in scandal in New York.
Such short memories at the D&C! The latest scandal, more recent than Paterson's Yankee tickets, occurred just last week: Eric Massa resigning from Congress after being charged with sexual harassment by a male staffer.
No mention at all of Massa's name in the story, or in the accompanying sidebar listing New York pols in ethical trouble in recent years.
Saturday, March 6, 2010
Happy Birthday to Us
Mustard Street debuted three years ago this week.
Our purpose is to focus on political matters specific to Rochester, New York and the surrounding region, or affecting them.
To provide information the mainstream media suppresses.
To present original analysis of the matters we report, or about which we comment.
We strive for good writing. We assume a literate readership.
Our interest is in ideas. Our satisfaction is in expressing them lucidly.
Some criticize whatever is done or said by a Democrat. Others criticize whatever is done or said by a Republican. We criticize what is done or said by an idiot, or by a fraud. We condemn political cowardice.
On behalf of my colleagues Lucy, Fat Tony, Steve Zodiac, Joshua, Mycroft and His Grace The Archbishop of Yentaberry, we thank you for visiting Mustard Street, to consider what we have to say.
Was Massa "Outed" By His Own Party?
... as a warning to other House Democrats? Did the leadership leak the complaint revealing Massa's sexual tendencies to punish him, and show reluctant members what can happen when you vote against the health care bill?
Morelle Agonistes
1. The Mayor's Ball
A few weeks ago, teachers' and other unions forced cancellation of a Democratic fundraiser, to protest the Mayor's school proposal and Democratic Chairman Joe Morelle's support of it. The unions had threatened to picket the event, and politically active Democrats won't cross union picket lines. We observed:
Now the biggest Democratic fundraiser of the year is coming up, the Mayor's Ball. Can we really expect from the public employee unions any different performance?It turns out that we can't.
Friday, March 5, 2010
MASSA TO EVADE ETHICS INQUIRY BY RESIGNING
Says he'll resign on Monday, in statement thats a masterpiece of deception.
That "salty language" business again. With a complaint not about naughty words, but sexual harassment of a male staffer, somebody with nothing to hide would WANT the ethics panel to proceed, so it could clear him. As it would if it's just a case of really, really bad language upsetting some sensitive soul.
Again, talking about a CAT scan, but NO STATEMENT THAT HE'S ACTUALLY SICK.
The timing of his resignation for health reasons, that didn't seem necessary on Wednesday, is now just a COINCIDENCE.
A contemptible little man and a liar. Massa, carry the shame with you forever.
Thursday, March 4, 2010
"Unwanted Advances Toward a Junior Male Staffer"
"But several House aides told POLITICO that the House ethics committee has been informed of allegations that the New York Democrat, who is married with two children, made unwanted advances toward a junior male staffer."Meanwhile, the Democrat and Chronicle continues to cover up for Eric Massa. No mention in today's D&C story that the "harassment" charges against Massa involve sexual harassment. Front-and-center reference to Massa's lame explanation that he "uses salty language" in the office. The D&C does it for the same reason Massa said it, to convince readers that the charges are about Massa being just a mean boss, not about making "unwanted advances toward a junior male staffer."
"I have a little problem with that one," said Jim Bowers, a political science professor at St. John Fisher College. "Salty language does not get a rumor or an allegation of sexual harassment."
Wednesday, March 3, 2010
Suspension of Disbelief Not Possible
A Congressman who steps down because of his health, announces it:
• in his district;And we are likely to have heard of a possible health issue affecting re-election before he makes his announcement.
• in a well-planned event;
• in front of the cameras, to record for posterity his bittersweet valedictory moment;
• surrounded by family and friends, whom he talks about fondly, and thanks; and
• answers questions from the press.
Hoyer's Statement on Massa Allegations
From Politico. Majority Leader Steny Hoyer (D-Md.) released the following statement tonight:
“The week of February 8th, a member of Rep. Massa’s staff brought to the attention of Mr. Hoyer’s staff allegations of misconduct that had been made against Mr. Massa. Mr. Hoyer’s staff immediately informed him of what they had been told. Mr. Hoyer instructed his staff that if Mr. Massa or his staff did not bring the matter to the attention of the bipartisan Ethics Committee within 48 hours, Mr. Hoyer would do so. Within 48 hours, Mr. Hoyer received confirmation from both the Ethics Committee staff and Mr. Massa’s staff that the Ethics Committee had been contacted and would review the allegations. Mr. Hoyer does not know whether the allegations are true or false, but wanted to ensure that the bipartisan committee charged with overseeing conduct of Members was immediately involved to determine the facts.”
"Massa Just Killed Us"
... a top Washington Democrat texted this afternoon, according to the Daily News. "It's like what Foley did to [Republicans] in the last cycle."
The national press reports the allegations of sexual harassment associated with Massa's resignation. Meanwhile, back in Rochester, Jill Terrieri, writer for the Democrat and Chronicle does a comical whitewash of the story. Only a fleeting mention of "unsubstantiated reports" buried deep down, and no hint of the character of the allegatons. Feel sorry for Terrieri, and her editors. They can't help it.
Update - 7:51pm
. . . Ronald Hikel, Massa’s former deputy chief of staff and legislative director — took the complaints to the ethics committee and was interviewed about them twice.
Hikel declined to comment about the situation, but House Majority Leader Steny Hoyer (D-Md.) confirmed that the Democratic leadership had been informed of the allegations before the news broke.
MASSA PULLS OUT
... amid allegations he sexually harassed a male staffer.
Won't run for re-election. Conference call at 3:30 this afternoon.
Update - 4:10 pm
Massa gives health as the reason. Politico reports "several House aides on both sides of the aisle" say the House Ethics Committee has been informed of the harassment allegations.
The Congressman read a prepared statement, but would not take questions from reporters.
Update - 4:25 pm
Massa has asked Hornel Mayor Shawn Hogan to run in his place as the Democratic candidate.
Tuesday, March 2, 2010
Ford to New York: "I'm Out!"
Harold Ford explains his decision in New York Times Op-Ed.
We think the real story is that he succumbed to pressure from the White House and State Democratic Party leaders, who want to avoid a primary. We think Gillibrand will be easier to beat than Ford. But not without a credible Republican candidate!
Monday, March 1, 2010
Unshackling Nothing -- Part I
The "Unshackle Upstate" effort has announced its intention to become involved in endorsing a handful of candidates for state legislature this year.
As tepid an effort as the plan seems, at least it's something. Unshackle does a competent job identifying some of the core policy errors and bad laws that make New York State the most hostile in the country toward business investment and job creation. It shows similar competence in its research, and position statements.
But when it comes to actually accomplishing anything ... let's just say every one of those shackles is as strong as ever, and not one has been broken yet.
We question the quality of leadership of Unshackle Upstate, and its local sponsor the Rochester Business Alliance, as well as its approach toward carrying out its stated mission.
