It was a day to celebrate grit, determination, perseverance
and pure excellence, as tens of thousands turned out to cheer the United States
Women’s National Team on their 2019 World Cup victory as they floated through Lower
Manhattan’s “Canyon of Heroes,” the second of the team’s ticker-tape parades,
with the first only 2015. Notably, the vast majority of parade watchers were
mothers and daughters. They held signs thanking the team for being such
wonderful role models, and signs that called for Equal Pay.
Vice President Joe Biden campaigning for the Democratic nomination for President in Iowa.
Celebrating the Fourth of July with Iowans in Marshalltown, Vice President Joe Biden, campaigning for the Democratic nomination for President, expressed what the holiday is really about and how Donald Trump doesn’t get it. Here is his speech, as prepared for delivery, with segments highlighted:
Ladies and gentlemen, it’s great to be back in Iowa celebrating the independence of our country and the incredible promise of the American future.
243 years ago, a group of rebels in Philadelphia pledged their lives, their fortunes, and their sacred honor to a revolutionary idea—to the self-evident truth that all men—and women—are created equal.
And ever since then presidents and patriots have gathered together on the 4th, as we are gathered today, to reflect on the greater meaning of our American experiment.
In 1821, just decades after revolution, John Quincy Adams proclaimed: “[America’s] glory is not dominion, but liberty. Her march is the march of the mind.”
In 1861, Abraham Lincoln invoked the Declaration to make the case for the Civil War, reminding Congress that it would be: “a struggle for maintaining in the world that form and substance of government whose leading object is to elevate the condition of men; to lift artificial weights from all shoulders; to clear the paths of laudable pursuit for all.”
In 1962, deep in the grip of the Cold War, Kennedy made the pilgrimage to Independence Hall to declare that: “this Nation—conceived in revolution, nurtured in liberty, maturing in independence—has no intention of abdicating its leadership in that worldwide movement for independence to any nation or society committed to systematic human oppression.”
Three different presidents, of three vastly different eras, united by their faith in the power of the idea that is America. Constant in their dedication to the pursuit of humankind’s highest ideal—liberty.
What, I wonder, will Donald Trump say this evening when he speaks to the nation at an event designed more to stroke his ego than celebrate American ideals?
Will he speak to the example America must set to inspire the world? Will he offer a robust defense of the democratic values that have always been our strength in times of crisis?
We all know the answer to that. Donald Trump is incapable of celebrating what makes America great—because he doesn’t get it.
He cannot distinguish between our Allies and our adversaries—because he does not grasp that America is the “march of the mind” toward greater openness, greater understanding, greater human freedom to pursue lives of meaning and fulfillment.
And if we give Donald Trump eight years in the White House he will forever and fundamentally alter the character of this nation. We can’t let that happen.
Trump’s embrace of dictators and strongmen is a fundamental rejection of everything our founders wrote into their Declaration.
Vladimir Putin in Russia, Kim Jong Un in North Korea, Mohamad bin Salman in Saudi Arabia—their drive to concentrate greater and greater power in their own hands and to silence their opposition, including through brutal assassinations—that is the death of liberty.
Last week, Putin gave an interview where he crowed: “the liberal idea has become obsolete.”
Trump thought he was talking about Democrats in California. Not a joke.
Our president does not understand the difference between liberal as opposed to conservative politics, and liberal as opposed to autocratic systems of government.
Well, I’m here to tell Vladimir Putin, and Donald Trump, and anyone who needs to hear it:the liberal idea is the American idea. And it will never be obsolete—not as long as there remain patriots committed to the higher ideals of life, liberty, and the pursuit of happiness.
The liberal idea is what drives innovation and entrepreneurship. The liberal idea is what inspires art and exploration and human curiosity. And—critically—the liberal idea is what built the Free World.
The Free World is an American design. We created it, together with our democratic allies in Europe and in Asia after World War II, to hold in check the abuse of power by any one nation, and to affirm a collective defense, open economies, and human rights.
The Free World drove the march of democracy, prevented a third great war, protected the territorial integrity and sovereignty of small states, allowed unprecedented economic growth and development, and advanced basic human rights and fundamental freedoms in every corner of the world.
Ours is a community of values that stands in opposition to all who seek to profit by the oppression of others.
That’s why Putin wants to see it destroyed. That’s why he’s actively working to tear apart our democracy.
Ladies and gentlemen – America is the heart of the Free World—and we must defend it.
That is how the Fourth of July is best honored – by remembering that our Declaration is first and foremost a call to arms, in defense of liberty.
But we must also remember, as JFK put it, that ours is: “not the individual liberty of one but the indivisible liberty of all.”
Donald Trump doesn’t get that either.
My liberty, depends on yours. Our liberty as a nation rests on our ability to ensure equal access, equal opportunity – not just for our own children, but all our children.
We have to take on the inequalities in our system that are causing too many today— in America and around the world—to question their faith in the ability of democracy to deliver for them.
It’s not enough to be for political equality—we have to be for economic fairness as well.
It’s not enough to be against the way Donald Trump conducts himself—the way he assaults the dignity of women, people of color, immigrants, LGBTQ individuals—we have to be against his policies that are further entrenching economic inequality in this nation.
That are rigging the system against the middle class.
That too is an attack on our democracy—on our liberty.
That’s the message I’ve been taking all across this nation.
And it’s all the more clear today – on the day we celebrate our independence—this country wasn’t built by Wall Street bankers and CEOs and hedge fund managers.
It was built by you. By ordinary Americans – given half a chance – doing extraordinary things. That’s the history of the journey of America.
My dad used to have an expression. He’d say a job is about a lot more than a paycheck. It’s about dignity. It’s about respect. It’s about one’s place in the community. It’s about being able to look your child in the eye and say everything is going to be ok. And mean it.
But today so many people can’t do that. That’s what we have to change. That is my north star.
The moral obligation of our time is to rebuild the middle class. And this time, everybody comes along – no matter their race, gender, ethnicity, religion,who they love or where they live or whether they have a disability.
For me, it’s all about restoring the dignity of work – being able to provide security and joy for your family.
But how can a person’s dignity be maintained if they can’t afford to care for a sick child or a family member because of a pre-existing condition – or because they’ve reached a point where their health insurer says “no more?”
I can’t imagine what Jill and I would have done with Beau if we couldn’t get the best care to ease his pain and suffering while dealing with an incurable disease.
How can a parent maintain their dignity if their talented and qualified child wants to go beyond high school to trade school or community college or college, but they can’t afford to get them there?
I remember how my father felt when he told me the bank wouldn’t give him a loan to help me go to college. He said, “I’m so ashamed.” I got there – but I’ll never forget that look on his face.
Today’s corporate culture and this Administration don’t care about your dignity. They don’t care about economic fairness.
They’re squeezing the life out of workers. They’re making it harder for you to bargain for your personal worth as well.
40% of workers have to sign non-compete clauses at some point in their careers.
These non-compete agreements have one purpose: to hold down the ability of workers to bargain for themselves and to keep their wages low.
And why do companies classify so many low-wage workers as managers?
So they can get out of paying overtime and take more in profits for themselves. That cost more than 4 million hourly workers $1.2 billion in lost wages last year.
And speaking of overtime – it’s long past time we make a $15 minimum wage at the federal level.
It’s time we started to reward work over wealth in this country.
Let me ask you something.
The stock market is roaring. Do you feel it?
Or how about that big tax cut passed by Trump and the Republicans? Did you feel it?
That tax cut exploded the deficit by some $2 trillion – and now the Republicans are using it as an excuse to go after the social safety net.
Let’s not kid one another. If Trump and the Republicans win in 2020 – they’re coming after Medicare and Medicaid and Social Security.
They’ve already said it. And we can’t let that happen.
So, we need to reverse the Trump tax cuts on the super wealthy. And then we need to get rid of the capital gains loophole.
A just economy—an economy that advances liberty for all—isn’t one where the super wealthy pay lower tax rates than teachers and firefighters.
The Fourth is also a reminder of an important lesson we learned early in this county.
As Benjamin Franklin supposedly said at the signing: “We must all hang together, or most assuredly, we shall all hang separately.”
Folks, we need to unify this country. We have to overcome this status quo of division—that’s the only way we’ll be able to get anything done.
And we can do it without compromising our principles. Marshalltown knows that better than anyone—what do you do when disaster strikes? You come together.
Mr. Mayor, how did you begin rebuilding after that God-awful tornado? By working together with the city council and the local businesses.
It didn’t matter whether folks were Democrats or Republicans then—all that mattered was getting Marshalltown back up and running.
You made that happen—you’re still making that happen.
It goes to show that all that stands in our way is a broken political system.
Folks, for all our problems, I’m more optimistic today than when I got elected to the United States Senate as a 29-year old kid.
And here’s why: We’re better positioned than any nation in the world to lead the 21st Century.
We have the strongest military in the world. We have led not by the example of our power, but by the power of our example. The most productive workers among major world economies. North America is energy independent. We have the world’s greatest research universities.
No other nation in the world can match us. The only thing that can tear America apart is America itself.
The only thing that would make the liberal idea obsolete is if Americans walked away from liberty itself.
Everybody knows who Donald Trump is.
This July 4th, let’s remind the world who we are.
This is the United States of America.
This is the nation that willed ourselves into existence with nothing but faith in ourselves and in the power of an idea.
There’s not a single thing we can’t do – together.
What a difference 50 years makes – from the
Stonewall Uprising when the forces of government were marshaled against the gay
and lesbian community, to today, when government officials and even members of
New York City’s Police Department, flocked to take part in WorldPride NYC 2019,
the largest Pride event in history.
US State Senator Charles Schumer, with his familiar
bullhorn, declared,, “I was the first US Senator to march, and I won’t be the
last.”
New York State officials were there in force,
including Governor Andrew Cuomo, who appropriately crowed about the gains a
progressive legislature accomplished, NYS’s first black woman Attorney General
Leticia James, Comptroller Thom DiNapoli, and a score of state senators and
assemblymembers..
Governor Cuomo did not come empty-handed:
he used the occasion to sign into law legislation banning the gay
and trans panic legal defense (S3293/A2707), fulfilling his pledge
to ensure nobody uses this abhorrent legal defense strategy in the State
of New York. The Governor signed the measure, a key component of his 2019
Justice Agenda, on WorldPride and the 50th anniversary of the
Stonewall uprising. The Governor also vowed to double down next legislative
session on his campaign to legalize gestational surrogacy, which the Assembly
failed to take up this year.
“The gay
and trans panic defense is essentially a codification of homophobia
and transphobia, and it is repugnant to our values of equality and
inclusion,” Governor Cuomo said at a press
conference on the street before joining the parade. “This defense strategy
isn’t just offensive – it also sends a dangerous message that violence toward
LGBTQ people is somehow OK. It’s not, and today we’re sending this noxious
legal tool to the dustbin of history where it belongs.”
NYC Mayor Bill De Blasio, who is running for the
Democratic Nomination for president, marched with the city’s First Lady Chirlane McCray.There were also the
NYC Comptroller Scott M. Stringer with his family, Public Advocate Jumaane D.
Williams, members of the City Council including Speaker Corey Johnson,
There were contingents from just about every city agency, from Sanitation to Transportation, the Department of Social Services, to the Bar Association and teachers.
“In the month of June,
we celebrated 50 years of Pride here in New York State and around the
world,” stated New York’s Lt. Governor Kathy Hochul. “We marched in
parades from Buffalo to Albany, and finished the month with World Pride in New
York City this past weekend.
“We celebrated how far
the LGBTQ+ community has come since the Stonewall Uprising in 1969, and
reflected on the progress we still have to make.
“Throughout this
legislative session over the last six months, we made history. GENDA is now the
law of the land, ensuring permanent protections for transgender New Yorkers.
Young people are now protected from the barbaric practice of conversion
therapy. Finally, with the stroke of a pen, we ended the legalized hatred that
was once allowed by the gay and trans ‘panic’ defense.
“I am always proud to
stand in solidarity with the LGBTQ+ community and continue the fight for
equality.”
They came together in celebration, not anger or fear. The common thread among the 150,000 who marched, coming from around the world and across the country, and the estimated 2.5 million who watched along the WorldPride NYC 2019 parade route: Free to be me.
The parade, which took eight hours to complete and was
estimated to be the largest Pride event in history, was particularly poignant,
honoring the 50th anniversary since the Stonewall Uprising, which
are considered the trigger to the modern LGBTQ movement.
Jim Foray, among the Grand Marshals at the parade, was there
that night. He was living just a block away and recalled the Stonewall as a
“sleazy bar where we were grateful and exploited.” The bar, reputedly owned by
the Mafia, was regularly raided by the police.
What a difference 50 years has made, noted Julian Sanjivan,
NYC Pride March Director. “They had no way of knowing what the next 50 years
would bring, no way to know they were starting a global movement, changing
hearts and minds everywhere.” And who could have expected an openly gay and
married man, a mayor from South Bend, Indiana, Peter Buttigieg, running for
President.
Five Grand Marshals lead both the 50th NYC Pride March: the cast of POSE, represented by Dominique Jackson (Elektra), Indya Moore (Angel), and MJ Rodriguez (Blanca); Phyll Opoku-Gyimah; Gay Liberation Front; The Trevor Project and Monica Helms.
Phyll Opoku-Gyimah is the nucleus of the award-winning
celebration and protest that is UK Black Pride. Widely known as Lady Phyll –
partly due to her decision to reject an MBE in the New Year’s Honours’ list, to
protest Britain’s role in formulating anti-LGBTQ+ penal codes across its empire
– she is a senior official at the Public and Commercial Services (PCS) trade
union as the Head of Equality and Learning. She’s a community builder and
organizer; a Kaleidoscope Trust Trustee; an Albert Kennedy Trust patron; Diva
Magazine columnist, and public speaker focusing on race, gender, sexuality and
class.
Gay Liberation Front was the very first LGBTQ activist
organization formed after the Stonewall Rebellion. The courageous members of
GLF fought to give political shape and direction to a whole new generation of
LGBTQ militancy that spread with unprecedented vigor and impact across the
nation and the world.
The Trevor Project is the world’s largest suicide prevention
and crisis intervention organization for lesbian, gay, bisexual, transgender,
queer, and questioning (LGBTQ) young people. The organization works to save
young lives by providing support through free and confidential programs,
including TrevorLifeline, TrevorText, and TrevorChat. They also run
TrevorSpace, the world’s largest safe space social networking site for LGBTQ
youth, and operate innovative education, research, and advocacy programs.
Monica Helms is a transgender activist, author, and veteran
of the United States Navy, having served on two submarines. She is also the
creator of the Transgender Pride Flag, in 1999, and subsequently donated the
original flag to the Smithsonian Institution in 2014.
It was indeed a demonstration of world pride – there were
marchers from Copenhagen, Germany, Sweden, Switzerland, United Kingdom, Portugal,
Australia, Holland, and so many other places.
American cities and states were represented as well, from
coast to coast and in between – from Palm Beach and Orlando to Palm Springs,
San Francisco and Venice (California), Austin to Washington DC, Brooklyn,
Boston, even Native American tribes.
A clear sign of the changing times was the outpouring of
elected and government officials who joined the march. New York State Governor
Andrew Cuomo used the occasion to sign into law legislation banning the gay
and trans panic legal defense, a key component of his 2019 Justice
Agenda,.
New York State Governor Andrew Cuomo did
not come empty-handed to the WorldPride NYC 2019 parade, perhaps the largest
LGBTQIA+ Pride event in history: Cuomo used the occasion to sign into law legislation banning the gay
and trans panic legal defense (S3293/A2707), fulfilling his pledge
to ensure nobody uses this abhorrent legal defense strategy in the State
of New York. The Governor signed the measure, a key component of his 2019
Justice Agenda, on WorldPride and the 50th anniversary of the
Stonewall uprising. The Governor also vowed to double down next legislative
session on his campaign to legalize gestational surrogacy, which the Assembly
failed to take up this year.
“The gay and trans panic defense is essentially a
codification of homophobia and transphobia, and it is repugnant to our values
of equality and inclusion,” Governor Cuomo said at a press
conference on the street before joining the parade. “This
defense strategy isn’t just offensive – it also sends a dangerous message that
violence toward LGBTQ people is somehow OK. It’s not, and today we’re sending
this noxious legal tool to the dustbin of history where it belongs.”
At a press conference before joining the parade, Governor Cuomo said, “What a great, great day
this is. New York is so proud. New York is so, so, so proud to
host WorldPride.
“New Yorkers are just
New Yorkers. Look, all New Yorkers should be very proud because New York has
always been the home of the LGBTQ equality movement, always. It all started
here. It started at Stonewall, it started when we hosted the first Pride Day
ever. And we’ve kept that legacy alive. This is the leading State in the United
States of America for LGBTQ equality. And we don’t just say it, we do it. We
prove it here in New York.
“What was the first
state to address AIDS and announce the goal of ending AIDS as an epidemic? New
York. What was the first state to end discrimination against transgender
people? New York. What was the first big state to pass marriage equality
and send a message across the nation? New York. What was the first state
to pass GENDA and end discrimination against transgender people? New York.
What was the first state to ban conversion therapy? New York.
“And today, we’re going
to sign a bill that ends the codification of homophobia. Because we have now as
a law in this state, something called the gay and trans panic
defense. That a person can argue – they were so emotionally disturbed when they
found out a person was gay or trans that that is actually a
justification or an excuse for murder. Not in this state. We are going to – not
in this state. Not in this state. Not in this state. Not in this state. Not in
this state. And we are going to end the gay and transpanic defense and we
are going to do it right now. I will sign this now and end this law. It is now
over.
“Congratulations, New
York. Let’s lead once again.”
The gay and trans panic defenses allow those accused of violent
crimes against LGBTQ people to receive a lesser sentence, and in some cases,
avoid conviction, by placing the blame on a victim’s sexual orientation or
gender identity. The passage of this bill would close a loophole in state law
that currently allows individuals to use the gay and trans panic
defenses after attacking another person based upon a perception, or discovery
of, that victim’s gender, gender identity, or sexual orientation.
Senator
Brad Hoylman said,”By banning the so-called gay and trans
panic defense, New York is sending a message to prosecutors, defense attorneys,
juries and judges that a victim’s LGBTQ identity shouldn’t be weaponized
against them. I’m proud to be a member of a legislature that protects the
rights of LGBTQ New Yorkers and thank Senate Majority Leader Stewart-Cousins
and Assemblymember O’Donnell for their leadership on this critical
issue. As we commemorate the 50th anniversary of Stonewall, I am extremely
grateful to Governor Cuomo for signing this critical piece of legislation into
law and look forward to continuing to work with him to make New York a more
inclusive, equitable home for the LGBTQ community.”
Delores
Nettles said,
“In 2013, my daughter Islan was killed in Harlem for being who she was.
Her attacker used the discriminatory ‘trans panic’ defense. I am so grateful
that New York is banning this legislation so that no mother has to go through
this again. We must keep fighting so that all trans people
can live free from violence and discrimination. Thank you to Governor
Cuomo for advocating tirelessly for this bill and for signing it into law
today.”
“Banning the “gay
and trans panic” defense in New York is an important and long
overdue step toward treating the LGBTQ community equitably,” Ethan Rice, Senior Attorney,
Fair Courts Project at Lambda Legal. “LGBTQ people in New York should never have to experience
violence. When it happens, LGBTQ people certainly should not be faced with
blame for this violence. These “defenses” have no place in our
justice system. Lambda Legal commends the Governor for signing this bill
today and for his ongoing advocacy on behalf of the LGBTQ community.”
Glennda Testone,
Executive Director of NYC’s LGBT Community Center said, “New York State government has
taken another great step in the right direction, legally halting some enduring
elements of homophobia and transphobia ingrained in our society. After
establishing marriage equality, passing GENDA and ending conversion therapy in
our state, Governor Cuomo showed that he is not done fighting for LGBTQ
equality, and neither are we. We thank him for taking the gay
and trans panic defense out of New York’s court system and for his
commitment to equal rights for all people.”
“Using an
individual’s actual or perceived sexual orientation or gender as a defense for
violent behavior is abhorrent and will not stand in the State of New York,” Harlem Pride and The NYC Black and Latino
LGBTQ Coalition said. “We applaud Governor Cuomo for his leadership and
dedication to protecting the LGBTQ community and closing the legal loophole
keeping this archaic practice in place.”
Guillermo
Chacon, president of the Latino Commission on AIDS and founder of Hispanic
Health Network said,”As we celebrate LGBT Pride and the
50th Anniversary of the Stonewall uprising we recognize that outlawing the
gay and trans panic defense is long overdue in New York. We
appreciate that this legislation will be signed to ensure this can never happen
again and that people impacted by homophobia and transphobia are no longer
taking the blame for this antiquated loophole. We thank Governor Cuomo for
advancing this important issue and I look forward to him signing this law to
increase protections for the LGBTQ community.”
Rod Townsend, Community Leader said, “A person’s gender identity or sexual orientation is never a justifiable reason for violent attack, and Governor Cuomo closes the loophole in state law that allowed for it in cases of first degree murder today. We look forward to seeing justice for individuals impacted by these crime and will fight to further limit the use of this appalling “blame the victim” strategy in cases of violence against LGBTQ people everywhere.”
Amanda
Babine, Director of Policy & Programs at the New York Transgender
Advocacy Group said,”Banning the ‘gay
and trans panic’ defense was a huge win for the LGBTQI community,
especially for our Transgender, Gender-Non-Conforming, & Non-Binary
siblings. This year alone, ten Transgender women of color have been found
dead, one right here in New York. The New York Transgender Advocacy Group
stands with pride next to Governor Cuomo as he continues to be a champion for
the LGBTQI community here in New York State.”
Brooke
Malloy, Executive Director, Rockland County Pride Center said, “New Yorkers do not tolerate hate. We are
a state of love and inclusion, and hold firm to our belief in equality for
every person. The fact that there ever was a legal defense for crimes committed
against the LGBTQ community, specifically based on their actual or perceived
gender identity or sexual orientation is disgusting. Thank you to Governor
Cuomo for his leadership in ending this abhorrent law, and for always speaking
up and protecting LGBTQ New Yorkers.”
Kelly Metzgar,
Executive Director, Adirondack North Country Gender Alliance said,”New York State prides itself on being an inclusive,
progressive state, where every person can feel safe and welcome. With
his work to end the gay and trans panic defense, Governor Cuomo
continues to ensure that everyone, regardless of their sexual orientation or
gender identity, receives equal protection under New York
State law. I wish to personally thank Governor Cuomo, on behalf
of residents in the Adirondack North Country for
his relentless work to defend the rights of all who call this
beautiful state our home.”
Christopher Goodwin, Supervisor of The MOCHA Center Rochester said, “We at The MOCHA Center and Trillium Health applaud Governor Cuomo for taking swift, progressive action to protect and uphold the rights of LGBTQ New Yorkers. Thanks to his efforts, a dangerous loophole rooted in hate has been erased from our criminal justice system. The gay and trans panic defense should never have been allowed. LGBTQ New Yorkers are grateful that we can now feel safer knowing that we are one step closer to having our lives equally valued and represented under the law.”
Jeff Rindler, Executive Director, Hudson Valley LGBTQ Community Center said, “This revision to our legal system has been long overdue. The human rights of LGBTQ New Yorkers are non-negotiable, and now this hateful excuse will no longer be a permissible defense for homophobic and transphobic hate crimes, which are on the rise. For transgender women of color who experience higher rates of violence, this law is the next step in solidifying protections for our community. I applaud and thankGovernor Cuomo and all the advocates and legislators who worked tirelessly to pass this legislation.”
Kelsey Louie,
CEO, GMHC said, “The beginning of the Stonewall rebellion was in New York
City and it was in reaction to hate-fueled actions. Fifty years have passed
since the beginning of our LGBT rights movement and New York has been a model
for LGBT equality, setting a national standard that the rest of the country
must follow. We thank Governor Cuomo for closing a loophole which permitted the
murder of gay and trans New Yorkers due to their perceived sexual
orientation or gender identity. This ensures that justice will be served for LGBTQ
New Yorkers who are the victims of homophobia and transphobia.”
Kristen Prata Browde,
Board President, LGBT Bar Association of Greater New York and
Co-Chair Board of Directors, National Trans Bar Association said,”This shows the kind of change that good government can and
should bring. Banning the trans and gay panic defense is a huge step
towards equality for LGBTQ New Yorkers. Governor Cuomo not only recognized the
absurdity of giving someone a lesser sentence or even a pass after murdering
someone based on their sexual orientation or gender identity, he fought hard
for the ban. As the Governor signs the bill he is once again showing that New
York truly is a beacon to the world and to every LGBTQ person.”
The Governor also released a new video for social media featuring
Delores Nettles, the mother of Islan Nettles, a transgender woman who
was brutally murdered in Harlem in 2013 and whose assailant used the gay
and trans panic legal defense in court. Watch the video here.
New York State Governor
Andrew M. Cuomo took a deserved bow in announcing historic progressive
accomplishments during this year’s Legislative Session, delivering on his 2019
Justice Agenda first laid out in December, and calling it “the most productive
in modern political history.”
“These sweeping reforms
will ensure social and economic justice for all New Yorkers, address the
devastating impact of climate change, support New York’s ongoing commitment to
workers’ rights, modernize transportation systems across the state, and
enhance the Empire State’s nation-leading commitment to gender equity and LGBTQ
rights. All of this was done while enacting fiscally responsible policies
including holding spending growth to 2 percent for the ninth consecutive year,
enacting a permanent property tax cap and cutting taxes for the middle class,”
the governor’s office stated.
“Six months ago we
laid out our 2019 Justice Agenda – an aggressive blueprint to move New York
forward – and today I’m proud to say we got it done,” Governor Cuomo said. “At
the end of the day, the only thing that matters is what you accomplish, and
this was the most progressively productive legislative session in modern
history. The product was extraordinary, and we maintained our two pillars –
fiscal responsibility and economic growth paired with social progress on an
unprecedented and nation-leading scale.”
Here’s a synopsis:
Climate Leadership and
Community Protection Act: This
legislation enacts the Climate Leadership and Community Protection Act,
creating the most aggressive climate change program in the nation with goals
to: reach zero carbon emissions in the electricity sector by 2040; install
9 GW of offshore wind by 2035; 6GW of solar by 2025;
3 GW of energy storage by 2030; and directs state entities to work
toward a goal of investing 40 percent of clean energy and energy efficiency
resources to benefit disadvantaged communities. Additionally, the law creates
the Climate Action Council comprised of the leaders of various state agencies
and authorities as well as legislative appointments to develop a plan outlining
how the state will achieve an 85% reduction in GHG emissions from
1990 levels by 2050, and eventually net zero emissions in all sectors of the
economy.
Permanent Property Tax
Cap: Made permanent the 2%
property tax cap, building upon the approximate $25 billion in taxpayer savings
since it was implemented in 2012.
MTA Money and
Management: Funded the MTA
with an estimated $25 billion raised through Central Business District tolling,
a new progressive mansion tax, and the elimination of the internet tax
advantage. Implemented overdue MTA reforms including the developing a
reorganization plan, modifying MTA Board appointments to align with appointing
authority, requiring the MTA to undergo an independent forensic audit and
efficiency review, and calling for a major construction review unit made up of
outside experts to review major projects.
Advancing LGBTQ
Rights: Governor Cuomo is
enacting transformative legislation in support of LGBTQ rights, including the
elimination of the gay and trans panic defense—closing a loophole in
state law that allowed individuals to use the gay and trans panic defenses
after attacking another based upon that victim’s gender, gender identity, or
sexual orientation. The Governor also enacted into law the Gender Expression
Non-Discrimination Act (GENDA) and a ban on LGBTQ conversion therapy.
Establish a Farmworkers
Bill of Rights: This legislation
established a farmworkers bill of rights, granting overtime pay, a rest day and
the right to unionize.
Enact Additional Sexual
Harassment Protections: This
package of reforms will lower the high bar set for employees to hold employers
accountable under the New York Human Rights Law for sexual harassment by
amending the requirement that conduct be “severe or pervasive” to
constitute actionable conduct; extend the statute of limitations for employment
sexual harassment claims filed with the Division of Human Rights from one year
to three years; and protect employees’ rights to pursue complaints by mandating
that all non-disclosure agreements in employment contracts
include language stating that employees may still participate in
government investigations conducted by local, state, and federal
anti-discrimination agencies
Expand Statutes of
Limitations for Rape: Statutes
of limitations on rape cases impose a ticking clock on how long victims are
able to come forward if they want to seek charges. Over the last year, victims who
have suffered in silence for decades have bravely spoken about their abuse, and
also have laid bare the state’s limited ability to prosecute their abusers due
to the passage of time. In recognition of this fact, states across the country
are lengthening or eliminating the statutes of limitations on crimes of sexual
violence. This legislation extends the statute of limitations for
Rape in the Second Degree and Third Degree, and expand the civil statute of
limitations for claims related to these offenses, allowing
victims greater opportunity to obtain justice.
Closing the Gender Wage
Gap: Since taking office,
Governor Cuomo has fought aggressively to increase safeguards for women in the
workplace and close the gender pay gap in New York. This package of reforms
includes legislation to expand the definition of “equal pay for equal
work” to prohibit unequal pay on the basis of a protected class for all
substantially similar work and to close any loopholes employers try to use to
pay people less on the basis of their gender, race or other protected classes;
as well as a salary history ban, which prohibits employers from asking or
relying on salary history of applicants and employees in making job offers or
determining wages.
Reauthorize and Expand
the MWBE Program: The Minority and Women-Owned Business Enterprise program has been
highly successful since its inception, establishing the highest goals
for MWBE participation in the entire nation and awarding thousands of
state contracts to minority-owned and women-owned businesses. This legislation
reauthorizes the MWBE program and extends the provisions of law
relating to the participation of MWBEs in state contracts to ensure
this effective program continues.
Tenant
Protections: This package of reforms,
known as Housing Stability and Tenant Protection act of 2019, enacts the most
sweeping, aggressive tenant protections in state history, safeguarding
affordable housing for millions of New Yorkers.
Remove the Non-Medical
Exemptions for Vaccines: The United States is currently experiencing the worst outbreak of
measles in more than 25 years, with outbreaks in pockets of New York primarily
driving the crisis. As a result of non-medical vaccination exemptions, many
communities across New York have unacceptably low rates of vaccination, and
those unvaccinated children can often attend school where they may spread the
disease to other unvaccinated students. This new law will remove non-medical
exemptions from school vaccination requirements for children and help protect
the public amid this ongoing outbreak.
Ensuring Quality
Education: School aid increased by
over $1 billion, bringing total school aid to a record $27.9 billion. In
addition, new reporting requirements will address imbalances in the
distribution of resources by prioritizing funding at the individual school
level in order to advance a more transparent, equitable education system.
Makes the Jose R.
Peralta DREAM Act a Reality: Finally opens the doors of higher education to
thousands of New Yorkers by giving undocumented New York students the same
advantages given to their citizen peers, including access to the
Tuition Assistance Program and state administered scholarships such
as Excelsior.
Expands Eligibility for
the Excelsior Scholarship Free Tuition Program: As the state’s successful free tuition
program enters its third year, students whose families make up to $125,000
annually will now be eligible to apply for the program, allowing more than 55
percent of full-time, in-state SUNY and CUNY students—or more than
210,000 New York residents—to attend college tuition-free when combined with
TAP assistance.
Criminal Justice
Reform: Sweeping criminal
justice reform was delivered by eliminating cash bail for misdemeanors and
non-violent offenses, ensuring the right to a speedy trial, and transforming
the discovery process.
Continued Investment in
Infrastructure: Builds upon the
Governor’s unprecedented commitment to invest $150 billion in infrastructure
projects over the next five years.
Delivering on the
Gateway Tunnel Project: This legislation establishes the Gateway Development Commission
and creates a comprehensive rail investment program for purposes of the
project. This bi-state effort, in cooperation with New Jersey,
represents significant progress on a crucial project for our nation’s
economy and security while restoring our role as a global leader in
infrastructure.
Protecting the
Environment: The launch of the Green
New Deal—the most aggressive environmental protection initiative in the nation,
the ban of single-use plastic bags, launch of the food waste recycling program
and investment of an additional $500 million in clean water infrastructure,
increasing the State’s historic investment to $3 billion, all of which serves
to protect New Yorkers while combatting some of the most pressing threats to
the environment.
Keeping New Yorkers
Healthy: By codifying
provisions of the Affordable Care Act, New Yorkers can rest assured that their
health needs will be covered, regardless of Washington’s actions.
Supporting Workers’
Rights: Extended Janus
protections to all local governments and guaranteed the right to organize and
collectively bargain.
Promoting the Democracy
Agenda: To boost New York’s
voter turnout and ensure that New York’s elections remain fair and transparent,
the following initiatives were enacted this year: synchronized federal and
state elections, pre-registration for minors, early voting, universal transfer
of registration, and the advancement of no-excuse absentee voting, and same-day
registration.
Common Sense Gun
Reform: Building upon the SAFE
Act—the strongest gun control legislation in the country—additional measures
were enacted this year to ensure guns were kept out of the wrong hands,
including the Red Flag Bill, ban on bump stocks, and extending the background
check waiting period.
Signing the Child
Victims Act: The signing of this
long-awaited legislation provided necessary relief to child victims of sexual
abuse by amending New York’s antiquated laws to ensure that perpetrators are
held accountable for their actions, regardless of when the crime occurred.
Closing the LLC
Loophole: Closed the LLC loophole
by limiting political spending by an LLC to a total of $5,000 annually, which
is the same limit as corporations. The new law also requires the disclosure of
direct and indirect membership interests in the LLC making a contribution, and
for the contribution to be attributed to that individual.
2019 Women’s Justice
Agenda Accomplishments: With the passage of the Reproductive Health Act, Comprehensive
Coverage Contraceptive Act, and the Domestic Violence Survivors Justice Act, as
well as the ban on revenge porn, and strengthened protections for breastfeeding
in the workplace, Governor Cuomo continued his commitment to ensuring fairness
and equality for women across New York State.
New capital funding
investments this year include:
Full
Funding for Extreme Winter Recovery: $65 million in State funding for the
Extreme WINTER Recovery program. Provides enhanced assistance to local
governments for the rehabilitation and reconstruction of local highways and
roads impacted by New York State’s harsh winter weather. This unprecedented
infrastructure investment in local roads and bridges is in addition to the $478
million in State funding provided through the CHIPS
and Marchiselli programs, and $200 million for PAVE-NY and Bridge NY.
$120
Million Public Housing Investment: Building on the State’s unprecedented $550 million investment in
the New York City Housing Authority, the Governor and Legislature are providing
an additional $100 million in capital funding to help support its ongoing
transformation while providing $20 million to support housing
authorities and other housingoutside of New York City.
$100
Million for the Lake Ontario Resiliency and Economic Development Initiative: The Governor and Legislature are providing
$100 million in capital funding to support the State’s up to $300 million
commitment to communities impacted by Lake Ontario Flooding. Launched last
month, the REDI Commission is working with localities along the
shoreline to identify and support projects that will reduce the flooding risk
to infrastructure while strengthening the region’s local economies.
$20
Million for the Niagara Frontier Transportation Authority: A $20 million capital appropriation is provided
to support the first year of a five-year $100 million commitment from the
Governor and Legislature to theNFTA to fund a five-year capital plan for
maintenance and improvements of Metro Rail.
Penn
Station 33rd Street Entrance: $425 million in capital funding will support the Penn Station
33rd Street Entrance project, and others associated with improvements to
the Long Island Railroad. Just last month, the Governor unveiled final design
renderings for the new main entrance to Penn Station located at
33rd street and 7th Avenue, which will provide much needed direct
access to the LIRR Main Concourse and the New York City Subway.
$20 Million
Investment in Public Libraries: A $20 million capital appropriation to public libraries will
help libraries across New York State as they continue to transform into
21st century community hubs.
$30
Million for Higher Education Capital Matching Grant Program: A $30 million capital appropriation will support
the Higher Education Capital Matching Grant Program, which under the Governor’s
leadership is enabling independent colleges across the state to make critical
investments in their infrastructure and equipment by providing matching capital
grants.
$25
million Security Investment to Protect Against Hate Crimes: A $25 million capital appropriation is
included for security projects at nonpublic schools, community centers,
residential camps, and day care facilities at risk of hate crimes because of
their ideology, beliefs, or mission.
With
House Judiciary Committee hearings beginning on the Mueller Report and the
possibility the findings might trigger hearings to impeach Donald Trump, it is
helpful to hear from Nick Akerman, who served as Assistant Special Watergate
Prosecutor with the Watergate Special Prosecution Force under Archibald Cox and
Leon Jaworski which ultimately led to the resignation of Richard Nixon. He is
an expert on criminal and civil application of the Racketeer and Corrupt
Organizations Statue (RICO), the Economic Espionage Act, the federal Securities
Laws, the Foreign Corrupt Practices Act (FCPA) and State Trade Secret and
Restrictive Covenant Laws. He also is an expert on computer crime and the
prosecution of competitively sensitive information and computer data. Akerman,
who appears regularly on MSNBC on subjects including the FBI’s ongoing investigation
into alleged Russian tampering with US elections, recently opined on the
comparisons between Watergate and Trump’s culpability during a talk on “The
Critical Issues Confronting Our Nation”
at Temple Emanuel of Great Neck. Here are highlights and some notes:
There is the obvious comparisons but differences: in Watergate, a bunch of American guys flew up
from Miami, burglarized Democratic National Committee, took documents. A low
tech operation and they got caught in a low tech way –they put tape over door
and cop caught them. What was insidious about what happened [in 2016 campaign] is
that it was a high tech operation against DNC, this wasn’t done by individuals
in the United States but by Russians, sitting at computers in Moscow, hacking
into DNC as referenced by fact 12 Russian intelligence officers were indicted
by Mueller’s team.
In Watergate, we never knew what the burglars were trying
to get; by the time they were caught, they didn’t get much.
Here, Russian operatives were hacking into DNC on
multiple occasions, taking documents which they used and released during the
course of 2016 presidential campaign that clearly had impact on what happened
in campaign.
Back in Nixon era, had a conspiracy between Nixon and
a foreign power in 1968 – which we didn’t learn about until 40 yrs later [so it
never was part of the impeachment]- there was suspicion that Nixon had scuttled
the Vietnam peace process during the 1968 campaign because he was concerned
Johnson would settle and his lead over Humphrey would disintegrate –We learned
later from notes of H.R. Handelman, that Nixon orchestrated it– that Anna Chenault
interceded with the South Vietnamese government to keep them from coming to
peace table. [As a result], Nixon make the war go on for four more years and some
26,000 Americans were killed (after 1968; 58,000 Americans altogether. Johnson knew
of Nixon’s interference, confronted Senator Dirkson and said Nixon’s action
constituted treason, but Johnson couldn’t release the information publicly,
because would have revealed the US was bugging the South Vietnamese
government]. Johnson was concerned that if he released that information that
Nixon had interfered during campaign, it would appear that he was trying to
throw the campaign to Humphrey.
In that, it sounds familiar: Obama was also concerned
that it would appear he was exposing Russian interference to aid Trump in order
to tilt the election to Hillary Clinton. [But
it was also because when he presented the information to Senate Majority Leader
Mitch McConnell, he refused to support it and Obama did not want to appear
partisan.]
What Mueller said destroyed Trump’s claim of total
exoneration based on Attorney General William Barr’s so-called summary of
Mueller report. Mueller said, “If we had confidence the president clearly did
not commit a crime, we would have said so.”
What kind of statement is that to make about the
president of the United States? This is not a ringing endorsement of innocence
by any means.
Mueller basically said he was tied to regulations
issued by Department of Justice that don’t permit DoJ to indict a sitting
president.
In Watergate, we didn’t have that problem [the rules
governing Mueller as special counsel were very much constricted after the
renegade Starr, and more constricted that the Nixon special counsel]. Archibald
Cox was really independent, not part of DoJ, but careful to follow DoJ
guidelines and regulations. When he was fired and Leon Jaworski came in, the staff
believed Nixon should have been indicted but Jaworski overruled – in retrospect
he was right – Congress was involved, the American public was being informed.
His view: impeachment process was going on and he should provide evidence to
the House Judiciary committee. So he could do the job. That’s not what we have
today.
Mueller in his statement said it was also important
to investigate a sitting president, to preserve evidence when memories are
fresh and documents available. [Documents have already been destroyed, or kept
out of the hands of investigators.)
What does that mean in prosecutor speak? Why is it
important to investigate while the trail is hot? It might be that the people
who conspired with the president could be prosecuted. More importantly, what
he’s saying is that if the president committed crimes, the evidence should be
put together, and if leaves office within statute of limitations (for obstruction
of justice it is 5 years), so if leaves after one term, he is subject to being
indicted.
[Some
want to pass a law suspending the statute of limitations while a sitting
president can’t be indicted, if that is the DoJ policy; note: that is only
policy, not part of the Constitution or any law that prevents a sitting
president from being indicted.]
[But
because under the current policy, a sitting president can’t be indicted, that
leaves the only remedy to Congress to impeach, especially since Trump has
blocked evidence and witnesses.]
Mueller report lays out a complete trial for obstruction
of justice- 8 instances of obstruction – any one of which anybody but a sitting
president could be, should be, and has been convicted of.
There is a statement by over 1000 former DoJ
employees and prosecutors (including me) who said precisely that: if this
evidence were out there on anyone else, that person would have been indicted
and convicted of obstruction.
For example, Trump requested [former FBI Director
James] Comey drop the FBI investigation into [National Security Adviser] Michael
Flynn – that purpose was to impede and stop the investigation.
Trump tried to stop Russian investigation by firing
Comey – he admitted that to Lester Holt on tv and to the Russians [in the Oval
office].
He tried to stop the investigation by firing [Special
Counsel] Bob Mueller and asked [Attorney General] Jeff Sessions to limit the
scope of investigation into Russian meddling in the election to only focus on
future elections, and not 2016.
He attempted to influence and probably did influence
his former campaign manager Paul Manafort to refuse to cooperate with Mueller,
and that was extremely significant [because
Manafort had such critical insight into what happened during the campaign,
while Mueller was unable to get the Russians who were out of reach; recall
Trump also jumped at the suggestion of handing over the former Ambassador McFaul
in exchange for Putin extraditing the Russians, and allowing Putin to
interrogate Americans Putin suspected of interfering in his election, like
former Secretary of State Hillary Clinton.]
Trump publicly attacked his former fixer Michael
Cohen and Cohen’s family, to intimidate him to not cooperate with Mueller
investigation.
Why? Because there are practical problems with
respect to charge anyone in the Trump campaign: the US doesn’t have subpoena
authority in Moscow and other countries, so it is not an easy investigation. Whereas with Watergate,
almost everything happened in the US, we could subpoena records, witnesses, and
didn’t have to worry about foreign agents in foreign countries not subject to
subpoenas.
But one huge problem: our federal criminal law does
not address this new digital age. We had no problem in 1973 finding crimes –
burglary was simple. Our laws have not kept up with new technology.
Page 167 of the Mueller report, right in the middle
of the redacted portion relating to dissemination of stolen docs and emails from
the DNC, right before the Democratic National Convention, is a whole series of
emails disseminated by Wikileaks at the direction of the Kremlin to sow
dissention of Sanders versus the Clinton supporters.
Within 30 minutes of the release of the Access
Hollywood tape [in which Trump gloated
over his ability to grab women by the pussy, because being a celebrity he could
get away with it], Wikileaks, with the Russians, was releasing the Podesta
emails to distract attention away. [It
also came out simultaneously to Obama Administration releasing information of
Russian waging a disinformation campaign on social media.]
This was pretty slick, sophisticated operation. But if
you look at the Mueller report, it ruled out charges on the theory that trafficking in receipt of stolen property under National Stolen
Property Act only covers tangible property, not intangible. Mueller couldn’t charge
beyond reasonable doubt the crime of trafficking in stolen property, because it
was data.
As for collusion, which is cooperation members of Trump campaign were cooperating in
accepting this help. That is an important distinction, because of the difficulty
in investigating crimes outside US – DoJ has no subpoena power in Russia, no
ability to extradite Russians indicted for hacking into DNC or other Russians
involved in use of social media to suppress Clinton vote – other major
allegations –
[That
makes no sense, since the government frequently prosecutes theft of
intellectual property, which this was, and because it is illegal for a campaign
to accept anything of value from a foreign country, which opposition research
and social media campaign surely had value. They have the evidence that they
could present at trial – even in absentia, if the Russians don’t want to defend
themselves, that is their choice. But the evidence would show that Don Jr.,
Jared Kushner, Paul Manafort learned at the Trump Tower meeting that Putin
wanted to help Trump win the election; that Manafort met on several occasions
and delivered polling data that would help the Russians target enough
communities in the swing states to suppress the Clinton vote and give Trump the
77,000 votes, across three states, that clinched the Electoral College. Kushner
met with head of sanctioned bank and likely promised overturning sanctions;
Michael Cohen and Felix Slater were negotiating the Trump Tower Moscow deal;
Roger Stone was the intermediary with Wikileaks, and Wikileaks was working with
the Russian hacker, Gucipher 2.0, and Michael Flynn met with Russians to
guarantee that Trump would overturn sanctions.
[Here’s
the thing: Trump, himself, probably only wanted to cement relationship with
Putin for when he lost the election, but Putin saw the advantage in having a
puppet in the White House who would overturn sanctions on Russian banks and
businesses and individuals, promote oil and fossil fuels (the foundation of
Russia’s economy) while dismantling the shift to clean, renewable energy; weaken
US support of NATO, Paris Climate Agreement, and Iran Nuclear Agreement, break US as a global power while Russia and China
become dominant political and economic powerhouses around the world including
the Middle East, Africa and Asia. Trump may not have cared to win the
presidency, but Manafort, Flynn, Steve Bannon, Roger Stone, Robert Mercer
certainly did and were serving as agents of Russia. Meanwhile, other Trump-connected
figures, like Broidy and George Nador, were working on behalf of Saudi Arabia
and UAE and not only did Trump support their embargo of Qatar, where the US has
its largest military base in the Middle East, but now is allowing Saudi Arabia
to have the technology for high-tech bomb components.
[The
fact that Putin and others knew about the private dealings, and who knows what
from before, like money laundering for Russian oligarchs with Trump
Organization properties and tax evasion, that made him and many of his aides
like Michael Flynn all vulnerable to kompromat and doing Russia’s will.]
There are two buckets [of criminal activity]: the break
in at DNC, hacking emails, stealing documents, while a group another group of
Russian intel officers in St. Petersburg, was involved in social media
disinformation campaign to microtarget Clinton voters and suppress their vote
by passing fake news about Clinton – 13 Russian intel operatives were indicted
February 2018 on this use of social media. [But
what is not readily realized is how closely the Russian campaign dovetailed
with the Trump Campaign’s social media disinformation campaign operated by Brad
Parscale, now Trump’s 2020 campaign manager, who boasted about a disinformation
campaign designed to suppress votes by women, blacks and liberals; Parscale was
connected to Cambridge Analytica, a Steve Bannon/Robert Mercer entity, that
linked up with Russia, and in England, was connected to the Brexit
disinformation campaign. Facebook and Twitter had their own professionals
embedded in Parscale’s office, while both social media giants were also
disseminating the Russian bots.]
What we learn in Mueller report: Manafort provided [Russian agent Konstantin] Kilimnikwith polling
data multiple times, not just in cigar bar – but multiple times, on one
occasion, in context of talking about battleground states, PA, MI, WI. If you
take those three states with 66,000 votes among them, that’s how Trump won [the
Electoral College]. So we have evidence, from [Rick] Gates (Manafort’s right
hand man who revealed to Mueller), we have kalynick, Russian agent, getting
polling data, talking about 3 states in particular, and Russians micro-targeting
voters to suppress vote, but Mueller had to prove somebody in the Trump
campaign engaged in conspiracy beyond reasonable doubt.
[Here’s
the thing about surveillance and Trump’s charge of spying: they were monitoring
the Russians and these encounters with Trump-connected Americans came up. Trump
never said anything uncovered was untrue; to the contrary, his insistence that
he must have been spied upon is proof that what they uncovered was accurate.
The point of counter-intelligence is to determine if foreign agents have infiltrated
or turned Americans into agents or moles, witting or unwitting “useful idiots.”]
The three states that elected Trump, on multiple
occasions were talking about using data to send false news to potential Clinton
voters, but what you can’t do is execute search warrant on St. Petersburg, pick
up Russians for questioning. Mueller
knew the key to investigation was Paul Manafort
[so needed Manafort to turn and give evidence. That’s where Trump’s
obstruction comes in, dangling the possibility of a pardon if he would just
shut up].
In the end Mueller had a failure of proof because Manafort lied to him. When Manafort appeared before judge in DC, Amy… she found he lied about polling data [so why didn’t Manafort get more time, or have cooperation deal torn up?]. He was covering up the campaign; he was given 7 ½ years [a tiny amount of time for a guy who committed some $50 million in tax and financial fraud and basically was paying off his debts by selling out the country, essentially handing over secrets to a foreign power]. He was also indicted by New York State. The issue is whether at some point will he realize he doesn’t want to spend full 7 ½ years and cooperate – if he does, the Mueller team is no longer in place, so we are left with AG Barr who is basically a political hack for Trump and has done everything to paint rosy picture of Trump’s involvement, lied about what was in Mueller report, setting up situation for a month before the report was released, giving the impression Trump was exonerated by the report, when he wasn’t.
So it is an open question: what happens if Manafort
decides to cooperate, if Roger Stone, right in the middle of dissemination of
stolen documents, interacted with Gucifer 2.0, what happens if these people
suddenly decide to cooperate? [More
likely Barr’s DoJ will stop any investigation or prosecution altogether so the
truth never comes out, the evidence is destroyed and Trump skates free.]
Impeachment, the “I” Word
That leaves us with the House of Representatives and the impeachment process.
Impeachment is a whole different animal – a political
process not a legal process [I always
hear that it is ‘political’ but what does that mean? Shouldn’t it be about Rule
of Law, not about which party is in power?] The House doesn’t have to show evidence
beyond reasonable doubt to start an impeachment case – doesn’t have to deal
with same standard, but the House acts as grand jury, in doing so, brings
charges, which then go to Senate, and it takes 2/3 of the Senate [67 votes] to
remove somebody from office, based on impeachment from House. The obvious
problem now is that 2/3 of Senate is not in any way, shape or form, going to
remove Trump from office and the public is just not there at this point [which is why Trump and new fixer Rudy
Giuliani have been undermining Mueller and the FBI, in the “court of public
opinion”]. I totally believe Pelosi is correct, the public just doesn’t
understand what Trump did.
[But
it is chicken and egg- Trump has obstructed access to the evidence which would
change public opinion and force the Senate to vote to impeach or else look like
they support a criminal in the white House. In Watergate, the House finally was
able to force Nixon to give over the tapes that damned him.]
Barr purposely muddled waters when he issued the ‘summary’ of the Mueller report – Mueller
report over 400 pages, it is long and takes some background in knowing what
happened beforehand.
The other significant document is the New York Times
– the long [investigative] report they have done on Trump’s taxes. It is no
coincidence Trump doesn’t want to turn over taxes – they go through that long
history of tax avoidance, and what the Trump family did [and the fact he lost
more money than any other American] – but if boils down to a long history of
tax evasion – evading gift taxes, estate taxes, income taxes. Most of what was reported
in the Times is passed statute of limitations, 6 years – but other matters.
[But
here’s where impeachment would come in –not for a crime that is avoided because
of statue of limitations, but shows unfit for office, unfit to be the one
issuing tax policy, financial protections for consumers that he wants to
overturn, shows he is vulnerable to blackmail from others who knows he
committed tax fraud, bank fraud, lying to mortgage companies and insurance
companies, as well as lying to the government, and the likelihood of money
laundering, as well. These practices make him vulnerable to blackmail and
collusion by anyone who knows, and the Russians could certainly have found
those documents, like any other secret document. It’s like when an old
drunk-driving offense is dug up during the campaign. But there are criminal
financial practices that Trump apparently engaged in within the 6 years, and
even during his time in office.]
In 2016 [during the campaign], we know that Trump
sold two properties at 100 Central Park South, to son Eric for $330,000, even
though the Trump Organization valued at $800,000 and $700,000, essentially
passing assets not at true value, just
like Fred Trump did to Donald to evade gift taxes.
Trump knows that the real vulnerability to him are
the tax returns. Also, he doesn’t want the facts of Mueller report to be
brought to life.
Keeping the Public in the Dark
One thing in Watergate: Cox was appointed in May 1973 and by June 1973, the Senate select committee was in full gear, there were TV hearings where people understood what happened, we had testimony that the burglary was connected to the Committee to Re-Elect the President (CREEP), John Dean [White House counsel] laid out the elaborate obstruction of justice plot, the hush money to Watergate burglars – so as of summer of 1973, the public was pretty well educated.
[But
Watergate was essentially one crime at the center, the burglary, when Trump
campaign involved many different illegal, unethical activities, including the
tacit agreement with the Russians that would overturn sanctions, which
motivated the Russians to commit crimes on Trump’s behalf, which Trump
encouraged, egging on the release of Wikileaks, for example. In some ways,
Trump committed his offenses in the open, including saying on TV he fired James
Comey because of the Russia investigation giving the impression, ‘how could it
be illegal if he does it openly.’ But many more are surreptitious and
convoluted. But Trump is already named as Individual Number 1 in campaign
finance violations, which had it been any other president, would have been
sufficient on its own to initiate impeachment.]
We haven’t had that. Prior to the new [Democratic-controlled]
House, it was controlled by Republicans who kept everything out of the public [except when Nunes forced the release of
FISA materials, intending to signal to intelligence officers to back off], the
Senate didn’t do anything in public. What has to happen now has to be to bring the
Mueller report to life: get McGahn [and
Hope Hicks, Don Jr., Steve Bannon, Roger Stone, Jared Kushner] to testify;
these are people who worked at the Trump White House or still do, who have
already provided testimony to the Mueller team.
One of things Trump administration tries to do –
same as Nixon – is to stonewall. By not providing witnesses, documents. The
recent court rulings are significant – tax returns. Most significant in last
the 10 days is that New York State can provide tax returns to the House
committees, and NYS tax returns mirror the federal returns.
Federal statute requires treasury to produce tax
returns [What makes you think was Trump
submitted to State jibed with Federal return?]
Where this is going will be a road to slog – court
actions, committees – their job is to bring life to 435 page report that most
American don’t have time or inclination to read.
[Why
stonewall? First place, to diminish the weight of the charges; second, to push
the process into the election campaign so he can argue that it is only
political, and get the DoJ to impose its policy, which Comey conveniently
ignored, of indicting or prosecuting someone during a campaign. That’s why
there was a hiatus before the 2018 election.]
Around same section, p 176 –there is a prosecution
decision Mueller explains that’s redacted –about whether or not to charge
federal computer crimes statute. But just as the same as Russian intel officers
who had hacked, Mueller concludes he doesn’t have enough evidence. The statute
is computer fraud and abuse statute – hacking statute – the only reason to
charge anybody would be if he were actually involved in the hacking done by
Russians. We don’t know what’s under the redaction, but it is significant.
You can pick up bits and pieces. It is important
that the public know about and be brought to attention.
AG Barr Muddies Waters
What Mueller writes about the law refutes that letter that Barr provided the White House and DoJ as a ‘job’ letter to be appointed as new AG. [It shows his ignorance of the law.] You wouldn’t want a first year law student to be writing, it’s just wrong. He says obstruction of justice doesn’t apply to anything other than a judicial proceeding which is wrong, the DoJ brings it up with FBI cases all the time. In Watergate, the principles in obstruction were charged with cover up of the FBI investigation, just like Trump did with Comey and Russia.
In the letter Barr provided to White House and DoJ [which is why Trump appointed him] Barr says that corrupt intent doesn’t apply because it’s an ‘amorphous’ statute. But there is a specific charge: simply acting with improper purpose to corruptly interfere, impede and obstruct a due administration of justice – straight forward. Yet Barr doesn’t buy into that. Barr was never a prosecutor, always a political appointee, and never tried a case. It’s disturbing for somebody who is AG supervising everyone else doing that.
Watergate was essentially simple, as you point out,
and reduced to one crime, a two-bit burglary and a cover up – Trump’s crimes
are many.
What
about security of voting systems? If Russians can hack into the DNC (and voting
rolls in 20 states), what protection is there?
That is a huge problem. The [Trump administration] has
said we don’t have evidence Russians hacked in [to voting machines] but the
systems are so antiquated, they don’t have means to capture audit trails to
know if anyone did.
[Here’s
the biggest problem: while the Constitution has a provision for Impeachment,
there is no provision to review an election that has been stolen. You can have
a criminal billionaire who pays hackers to flip switches to win the Electoral
College, pay them a cool million dollars apiece to sweat out a year or so in
jail, or pardon altogether.
[It’s
circular – Trump will obstruct, stonewall, and don’t know that witnesses won’t
destroy evidence, docs, tapes, unless there is impeachment inquiry.
[But
I don’t understand the confusion over prosecuting for collusion – or conspiracy
– when clearly, there were over 100 contacts between Trump, family, associates,
campaign aides, and the Trump campaign benefited from the social media disinformation
campaign to targeted districts, very possibly based on the polling data that
Manafort supplied; from telegraphing his interest in lifting sanctions,
weakening NATO, selling nuclear arms to Saudi Arabia, Japan and South Korea,
and knowing (from the Trump Tower meeting with Kushner, Manafort and Don Jr) that Putin favored his election. It makes no
sense that they can’t prosecute because data was stolen, not material, but data
is intellectual property and it is criminal to steal intellectual property –
which has value. So does the social media campaign waged by Russians based
on Trump campaign’s own polling data,
which by the way mirrored what Brad Parscale was doing – with an objective to
suppressing turnout by women, blacks and liberals – who is now Trump’s 2020 campaign manager. And
what about the Cambridge Analytica link which had Russia, Wikileaks (and Roger
Stone), the Mercers and Steve Bannon and Brad Parscale’s fingerprints.]
Charlestown, MA – Elizabeth Warren, Democratic Senator from Massachusetts who is seeking the Democratic nomination for president, laid out her vision of economic patriotism, calling for using new and existing tools to defend and create quality American jobs and promote American industry. Warren will continue to release individual plans reflecting how economic patriotism should shape our approach to specific parts of the American economy. She released the first plan: A bold $2 trillion investment of federal money over 10 years in American green research, manufacturing, and exporting — which includes ambitious new ideas to link American innovation directly to American jobs, and focuses on achieving not only the ambitious domestic emissions targets in the Green New Deal, but also spurring the kind of worldwide adoption of American-made clean energy technology needed to meet the international targets of the Green New Deal.
The plan is designed to ensure that American taxpayer investments in combating climate change result in good American jobs. The plan makes a historic $400 billion investment in clean energy research and development, and includes a provision that any production stemming from that federally-funded research should take place in the United States. It also makes a massive $1.5 trillion commitment to federal procurement of clean, green, American-made products over the next 10 years, and requires that all companies that receive federal contracts pay all employees at least $15 per hour, guarantee 12 weeks of paid family and medical leave, let employees exercise collective bargaining rights, and maintain fair schedules at a minimum. According to an independent analysis from Mark Zandi, chief economist of Moody’s Analytics, these provisions ensure that Warren’s Green Manufacturing Plan would boost economic growth and create more than a million new jobs right here at home.
Warren’s plan also includes a Green Marshall Plan — a commitment to using all the tools in our diplomatic and economic arsenal to encourage other countries to purchase and deploy American-made clean energy technology. It creates a new federal office dedicated to selling American-made clean, renewable, and emission-free energy technology abroad, with a $100 billion commitment to assisting countries to purchase and deploy this technology — supporting American jobs while supplying the world with the clean energy products needed to cut global emissions.
Warren’s plan also identifies specific cost offsets that, according to the Moody’s economic analysis, cover nearly the entire cost of her plan: her Real Corporate Profits Tax, ending subsidies for oil and gas companies, and closing tax loopholes that promote shipping jobs overseas.
Warren’s Green Manufacturing Plan comes after her Public Lands Plan, two in a series of proposals as she continues to lay out her vision for how we implement the Green New Deal.
“The climate crisis demands immediate and bold action. Like we have before, we should bank on American ingenuity and American workers to lead the global effort to face down this threat — and create more than a million good jobs here at home,” Warren said.
Read more about Warren’s vision of Economic Patriotism here.
Read more about Warren’s Green Manufacturing Plan here.
In stark contrast to the 40,000 marching with joyful exuberance and pride in the Celebrate Israel Parade on Sunday, June 2, there was a smattering of the oddest collection of protesters, who stood on one small stretch Fifth Avenue in front of the fountain between 58-59 streets.
There were religious Jews who claim that a state of Israel should not exist until the Messiah has come; a few Palestinians accusing Israel of terrorism, clearly ignoring the thousands of bombs lobbed from Gaza; and a couple of what are presumed American Jews who charge that the West Bank settlements are immoral and an impediment to peace.
Things got testy at points between the marchers and
the handful of pro-Palestinians, with loud shouting matches and dueling flags, the
protesters wielding cellphones, hoping to provoke some viral video, across a
10-foot “no man’s land” between metal barriers guarded by police.
When US Senator Charles Schumer came by, he at first
passed stoically as a few hecklers taunted him (a Trump supporter yelled at him
to “Go Home” – the Senator from New York is from Brooklyn) but finally turned
his bullhorn to respond to a woman who screamed “Why are you supporting Israel?”
with a comment that boiled down to “Why shouldn’t Jews have a homeland?” At
which point his aides refocused him and he marched on.
The encounters seemed to get more heated as the
afternoon wore on, but as the police successfully moved marchers along using tact
and restraint to defuse the situation, even stopping the protesters from using
an elongated pole on their flag like a lance, and the marchers went into a celebratory
song and dance.
But as I stood between the two screaming entities,
reflecting on the thousands of marchers parading jubilantly, protected by a
police force against the smattering of opponents, I thought how different it
would be living in a society that oppressed Jews (or any minority), where that
minority had to live in fear, practice in secret, where the police, the courts
and the government were agents of suppression and repression, and instead of
thanking the police officer on 57th Street as they passed, as I saw
just about every group do, they had to fear the police, fear the state. The
images of police beating protesters at Pettus Bridge in 1965 Selma; Kristallnacht
in 1938 Germany came to mind.
“And I want the people of this state to be clear: anti-Semitism
is not just wrong and immoral and unethical and anti-American; it is also
illegal,” Governor Andrew Cuomo told a press gaggle as he began the march. “And
we will enforce the law to the fullest extent and you have my word on
that.
“As a sign of solidarity, at this time of crisis for the Jewish
people, I’m going to be doing another trip to Israel as a trip in solidarity
right after the legislative session and I invite my Jewish colleagues to join
us as a sign of solidarity. New York stands with Israel. We are all Jewish
today. We all appreciate the Jewish community. They are part of what makes New
York, New York and one of the best parts.”
Asked what is being
done to combat the wave of anti-Semitism, Cuomo said, “We have increased the hate crime penalties all
across the state. We are working on more understanding, more
communication, but we’re also going to enforce the law because it has
reached a critical point. Eighty-three percent increase in the state
of New York. Twenty-two percent increase in neo-Nazi groups. And by the way,
I invite all politicians to condemn the neo-Nazi groups for what they are. They
are domestic terrorists. That’s what they are. And this is not part of the
democracy. They spread hate, they spread violence, they attack and every
politician—Democrat, Republican—should condemn these neo-Nazi groups and call
them for what they are.”
Governor Andrew Cuomo had as his special guest Devorah
Halberstam, who runs the Jewish Children’s Museum. Halberstam started the museum in
honor of her son Ari Halberstam who was killed in an anti-Semitic
attack. This week, an anti-Semitic note was left there, “Hitler is
Coming.”
“We are here to celebrate Israel,” Cuomo said. And it’s more appropriate than usual this year because the blunt truth is there has been an increase in the number of anti-Semitic attacks in this country and in this state. There’s been about a 57 percent increase in anti-Semitic attacks in the United States of America. People have heard about the Pittsburgh horrendous temple attack, in California. But a 57 percent increase. There’s been an 83 percent increase in anti-Semitic attacks in the State of New York, 83 percent increase all over the state – upstate, Long Island, Brooklyn, I just mentioned Devorah Halberstam’s most recent attack.”
Just a few days later, on June 6, after another incident of anti-Semitism in which the words “Kill All Jews,” “Israel” and “Mario Cuomo” were written on a mailbox in Bay Ridge, Brooklyn, Cuomo said, “Hate speech and threatening language has no place in our state, and the mailbox was immediately replaced with a new one after the graffiti was reported.
“Enough is enough.
We are reaching our breaking point and these despicable acts of violence must
stop. We will not back down in this fight against intolerance and bigotry, and
we will continue to stand up to those individuals who spew hateful language and
attempt to spread fear across our state.
“As New Yorkers and
as a nation, we must denounce anti-Semitism and hate in all its forms. I am
directing the New York State Police Hate Crimes unit to assist the NYPD in the
investigation into this incident and to provide all resources necessary to hold
accountable those responsible.
“In the face of
these ongoing incidents that are ripping at the fabric of our State, we will do
everything in our power to ensure the continued safety and equal treatment of
all New Yorkers.”
Tens
of thousands of marchers and supporters turned New York City’s Fifth Avenue
white and blue for this year’s Celebrate Israel Parade, the 55th
annual parade which has become one of the biggest events in a city known for
its fantastic parades and festivals. Among the dignitaries and elected
officials who marched to show support was Governor Andrew Cuomo who used the
occasion to denounce anti-Semitism and announce he will soon make a visit to
Israel to show solidarity.
Governor
Andrew Cuomo, who marched with his mother, Matilda, daughters Michaela and
Cara, and administration officials, government leaders including State Senators
Anna Kaplan and Brad Hoylman, and Assemblymember David Welprin and Council
Member Ben Kallos, as well as the Israel General Consul Dani Dayan, noted his special
guest, Devorah Halberstam, who runs the Jewish Children’s Museum. Halberstam started the museum in honor of her son
Ari Halberstam who was killed in an anti-Semitic attack; this week,
an anti-Semitic note was left there, “Hitler is Coming.”
“We are here to celebrate Israel,” Cuomo said. And it’s more appropriate than usual this year because the blunt truth is there has been an increase in the number of anti-Semitic attacks in this country and in this state. There’s been about a 57 percent increase in anti-Semitic attacks in the United States of America. People have heard about the Pittsburgh horrendous temple attack, in California. But a 57 percent increase. There’s been an 83 percent increase in anti-Semitic attacks in the State of New York, 83 percent increase all over the state – upstate, Long Island, Brooklyn. I just mentioned Devorah Halberstam’s most recent attack.”
Cuomo said the rise in bias and hate crimes was akin to a “cancer
of the American body politic.”
“Cancer of the American body politic has been the new way.
Cancer because one cell attacks another. When you have Jewish people being
attacked, gays, members of the LGBTQ community being attacked, with
anti-Semitic sayings just last night, anti-Muslim, anti-African-American.
This is a cancer of hate that is all throughout our country and unfortunately
even in our State of New York.
“There was a time when we could have political differences, but
it didn’t turn into hate. We’ve always had political differences, back to our
founding fathers we had political differences. But we tolerate them and we
understand them. We can have political differences about Israel and Palestine,
that’s what makes democracy that debate. But when did the strongest four letter
word in America become hate instead of love? That’s what’s most troubling. And
that is what is now going on. These anti-Semitic attacks are personal to the
Cuomo family. We have many friends who we grew up with who are of the Jewish
faith. I have two brothers in law who are Jewish, my mother has two sons in
law, my daughters have two uncles – Howard and Ken – who are Jewish. These
anti-Semitic attacks, the Cuomo family takes personally. Every family in New
York takes personally.
“And I want the people of this state to be clear: anti-Semitism
is not just wrong and immoral and unethical and anti-American; it is also
illegal. And we will enforce the law to the fullest extent and you have my word
on that.
“As a sign of solidarity, at this time of crisis for the Jewish
people, I’m going to be doing another trip to Israel as a trip in solidarity
right after the legislative session and I invite my Jewish colleagues to join
us as a sign of solidarity. New York stands with Israel. We are all Jewish
today. We all appreciate the Jewish community. They are part of what makes New
York, New York and one of the best parts.”
Asked what is being
done to combat the wave of anti-Semitism, Cuomo said, “We have increased the
hate crime penalties all across the state. We are working on more
understanding, more communication, but we’re also going to enforce the law
because it has reached a critical point. Eighty-three percent
increase in the state of New York. Twenty-two percent increase in neo-Nazi
groups. And by the way, I invite all politicians to condemn the neo-Nazi groups
for what they are. They are domestic terrorists. That’s what they are. And this
is not part of the democracy. They spread hate, they spread violence, they
attack and every politician—Democrat, Republican—should condemn these neo-Nazi
groups and call them for what they are.”
Cuomo made his remarks
just before starting the march, the gaggle collected on the street which turned
out to be across from Trump Tower. When a reporter pointed that out, Cuomo
said, “I didn’t even notice that until you mentioned it.”
Asked about the Pride flag that was burned at a downtown bar, Cuomo said, “Same thing. I call it a cancer that is spreading in this country. Why a cancer? Because cancer—one cell in the body attacks other cells and that’s what you’re seeing in this country right now. You’re seeing white versus black, Christian versus Muslim, anti-Semitism, anti-LGBTQ the other night. This is destroying America. Because America is diversity and once we start attacking each other for our diversity, that defeats America and who we are.
“We are a pluralistic society. Emma Lazarus, a great Jewish New Yorker who wrote the words for the Statue of Liberty. That’s the founding of this nation. George Washington visited a synagogue in Rhode Island and said, the Jewish people are here, free to celebrate their religion. It was freedom of religion. And now we are demonizing each other’s religious preferences? This is not America. This is not who we are. And we’re going to make the opposite statement in the state of New York. Let’s march, thank you.”
55th Celebrate Israel Parade
This
year marks the 55th anniversary of what has become one of the largest events in
New York City, known for mammoth parades and festivals, growing exponentially
each year in attendance and excitement since its founding in 1965 by Ted Comet.
Some
40,000 marchers representing some 250 organizations from throughout the New
York metro area, Connecticut, New Jersey, Philadelphia, dignitaries and musical
guests, 30 floats, 15 marching bands including the famed Mummers from
Philadelphia, groups of rollerbladers, motorcyclists, dance groups, juggling
clowns, marched from 57th
Street to 74th Street, with
the theme, “Only in Israel,” to highlight the positive impact the Jewish and
democratic state of Israel has on people in New York and around the world.
The
Celebrate Israel Parade broadcast is sponsored by Friends of Maimonides Medical
Center. Parade Co‐Chair
Judy Kaufthal remarked, “The Celebrate Israel Parade is the world’s largest
expression of support for solidarity. It’s breathtaking to see Fifth Avenue
filled with people of all ages celebrating Israel and its culture.”
The
Parade is produced by the Jewish Community Relations Council of New York (JCRC‐NY), in
cooperation with UJA‐Federation
of New York and the Consulate General of Israel in New York.
Michael
Miller, Executive Vice President & CEO of the Jewish Community Relations
Council of New York (JCRC‐
NY) said, “The Celebrate Israel Parade acts as a convener each year for
international communities to stand together to promote unity on a global scale,”
Michael Miller, Executive Vice President & CEO of the Jewish Community
Relations Council of New York (JCRC‐ NY) said.
Edward
A. Mermelstein, Founder and CEO of One & Only Realty and President of ZAKA,
the Grand Marshall, said, “As an
immigrant New Yorker and a proud Jew, walking up Fifth Avenue as the grand
marshal of the Celebrate Israel Parade is the pinnacle of the American dream. I
am so proud to stand with Israel.”
In
addition to the Grand Marshal Edward A. Mermelstein, honorary Grand Marshals
included:
Ted Comet, Founder of the Celebrate Israel Parade
Siggy Flicker, Author and TV Personality
Sid Rosenberg, Co-Host of Bernie & Sid in the Morning
Stephanie Butnick, Host of the Unorthodox Podcast
Liel Leibovitz, Host of the Unorthodox Podcast
Elizabeth Savetsky, @ExcessoriesExpert Instagram Influencer
NYC Council Speaker Corey Johnson and NYC Council Members Margaret Chin, Chaim Deutsch, Vanessa Gibson, Barry Grodenchik, Mark Levine, Mark Treyger, Eric Ulrich, Helen Rosenthal, Ben Kallos, Joseph Borelli, Andrew Cohen, Rafael Salamanca.
Here are more highlights from the Celebrate Israel Parade:
