Tag Archives: New York State

Following The Legal Trail

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Recently, President Trump was found guilty of sexual misconduct and defamation. The interesting part of this case is that the woman bringing the charges couldn’t even remember what year the incident happened. She accused the President of rape in a department store dressing room. Her description of the event described her entering a dressing room with the President and locking the door. If that account is true, what did she expect to happen? At some point, women need to take responsibility for doing stupid things. However, that is not the most interesting part of the story. Until recently, the case could not have been brought because the statue of limitations for the ‘crime’ had expired. A law was passed in New York that allowed the suit to be brought.

On Thursday, PJ Media reported the following:

One of the more curious aspects of this case was that the only reason Carroll was even able to sue Donald Trump was because of a law passed in New York in 2022 called the Adult Survivors Act. This legislation, signed by Democratic Gov. Kathy Hochul, introduced a “one-year lookback window for survivors of sexual assault” to legally pursue their alleged abusers, irrespective of when the abuse took place. Many argued it was passed specifically to let Carroll take her absurd allegations to court and punish Trump

It turns out those claims weren’t mere conspiracy theories. In a surprising revelation, E. Jean Carroll’s attorney, Roberta Kaplan, acknowledged that Carroll played a role in advocating for the passage of the aforementioned law.

“The fact that New York passed this law, the Adult Survivors Act,” CNN’s Poppy Harlow said while interviewing both Carroll and Kaplan. “They passed it just a few years ago. Were it not for that law, you never would have been able to bring this case.”

“Exactly. This would never — I would never have this window, this year of having the ability to bring a lawsuit for rape,” Carroll responded, then pointed to her attorney and said. “Robbie can explain it better.”

“Well, E. Jean actually helped to get that law passed,” Kaplan admitted. “It passed last year. We filed – it was Thanksgiving Day, the first day you could sue. We filed it just after midnight on Thanksgiving. And there are a lot of other women throughout the state and, hopefully, throughout this country, that they will get other laws like this passed in other states. And New York women should use this law while it’s still around, which is until next Thanksgiving.”

The article concludes:

So not only was the civil suit a politically motivated attack, but it was also an attack that required an act of the Democrat-controlled New York State legislature and the Democrat governor of New York to make it possible. Does that sit well with you? Just how corrupt is this conspiracy to get Trump? Among other things, we’ve seen the Russian collusion hoax, two impeachments, the bogus Bragg case, and now this.

Wow.

A Sad Day In America

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On Saturday, Legal Insurrection reported the following:

There have been reports swirgling the last couple of days that Donald Trump will be charged and arrested next week by Manhattan District Attorney Alvin Bragg’s office on charges relating to payments to Stormy Daniels. The exact nature of the charges and the basis is not known yet, but based on prior leaks to the media, it appears that Bragg has come up with a novel theory that an otherwise lawful payment become criminal if it is accounted for incorrectly, a so-called falsifying business records offense. Even the NY Times noted this is highly unusual:

In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime.

In this case, that second crime could be a violation of New York State election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that because the money silenced Ms. Daniels, it benefited his candidacy.

Combining the criminal charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibility that a judge or appellate court could throw it out or reduce the felony charge to a misdemeanor.

Alvin Bragg is a deeply destructive D.A elected with the help of a Soro-funded polical PAC:

The article concludes:

The charges, if not more substantial than described so far, are a fraudulent abuse of power aimed at manipulating the politicial process as we enter a presidential election cycle. Make no mistake, this has happened before and cost Republicans politically, including the fraudulent prosecution of then Senator Ted Stevens, which was overturned due to prosecutorial misconduct but not before Stevens resigned setting in motion events that gave Democrats the votes they needed to pass Obamacare.

The abuse of prosecutorial power by Democrats will, to paraphrase Chuch Schumer’s attack on the Supreme Court, unleash the whirlwind. We just don’t know in which direction it will hit. I think there are several things going on here, including Democrats hope for violence that will allow a J6 crackdown on Trump supporters more far reaching than the prosecution of people for “parading” because they peacefully attended a protest where other committed violence. I also think that keeping the Trump prosecution (with more to come) front and center as he (likely) leads the Republican primaries is a political strategy – it’s no wonder the charges are coming now.

Meanwhile there seem to be no consequences for the Biden crime family and their drug-addicted son.

Punished For Doing Your Job Well

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On Saturday, The Daily Wire reported that the attorneys who argued the concealed carry case before the Supreme Court were forced to retire from their law firm.

The article reports:

The lawyers who won a major Second Amendment case before the U.S. Supreme Court this week got even less than a pat on the back from the white-shoe law firm they work for – they were forced to quit.

Paul Clement and Erin Murphy, the lawyers who successfully argued against New York’s law restricting conceal-carry gun permits, were told by Kirkland & Ellis they had to stop representing Second Amendment plaintiffs or find another firm. In a Wall Street Journal article, the duo explained how their celebration was cut short.

“Having just secured a landmark decision vindicating our clients’ constitutional Second Amendment rights in New York State Rifle & Pistol Association v. Bruen, we were presented with a stark choice—withdraw from representing them or withdraw from the firm,” they wrote. “There was only one choice: We couldn’t abandon our clients simply because their positions are unpopular in some circles.”

The article concludes:

The decision has implications for at least eight other so-called “may issue” states, where bureaucrats have the final say in whether a citizen merits a permit. In New York, the law was used to render concealed carry handgun permits nearly impossible to obtain.

Clement, who served as the U.S. solicitor general under President George W. Bush, and Murphy, also an experienced appellate attorney, were partners in the firm. But they wrote that they were resigned to leaving after being told they can’t take on Second Amendment cases.

“This isn’t the first time we have left a firm to stick by a client,” they wrote. “What makes this circumstance different is that the firm approved our representation of these clients years ago, and dropping them would cost the clients years of institutional memory. More remarkable still, in one of the cases we were asked to drop, we prevailed in the Supreme Court on Thursday.”

We are in danger of losing our Republic.

As The Details Come Out

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On Tuesday, NewsMax reported that Chris Cuomo has been indefinitely suspended by CNN after news of how he helped his brother with sexual assault accusations surfaced. The problem is not that he gave advice to his brother–the problem is that he used his resources as a newsman to gather dirt of his brother’s accusers.

The article reports:

The network said documents released by New York’s attorney general Monday indicated a greater level in his brother’s efforts than the network previously knew.

“As a result, we have suspended Chris indefinitely, pending further evaluation,” the network said.

The article concludes:

Chris Cuomo had previously acknowledged talking to his brother and offering advice when the governor faced the harassment charges that led to his resignation. But the information released Nov. 29 revealed far more details about what he did.

The anchor did his show Monday night without mentioning the topic. In the past, he’s said he’s never reported on his brother’s situation for the network and never tried to influence coverage. On-air in August, he said: “I tried to do the right thing,” adding he “wasn’t in control of anything.”

Cuomo interviewed his brother on the air a number of times during the first two months of the COVID-19 epidemic. It was a hit with viewers, although it violated CNN’s policy of not having Cuomo report on his brother, and was a programming choice that has grown worse with time and additional revelations.

The Democrat party in New York is changing. One indication of that is the waning power of the Cuomo family. One wonders who is going to come forward to fill the gap they have left. Unfortunately, I fear it will be the more radical elements of the party. It should be noted that Kathy Hochul, the current governor of New York, won her seat in the New York legislature in 2011 as a member of the Democratic Party and Working Families Party. Her biography lists her as a Democrat, but that is not her history. Please do your own research on the Working Families Party. They are not your father’s Democrat party.

When The Courts Defend Religious Rights

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Yesterday The Post Millennial posted an article about the Covid vaccine mandates in New York State.

The article reports:

A federal judge’s ruling on Tuesday says employers in New York’s healthcare sector must allow religious exemptions for the COVID-19 vaccine mandate.

Presiding Judge Hurd said the state government of New York doesn’t have the authority to ban religious exemptions.

He issued an injunction that bars the Department of Health from reprimanding employers for granting religious exemptions to staff.

In addition: “The Department of Health is barred from taking any action, disciplinary or otherwise, against the licensure, certification, residency, admitting privileges or other professional status or qualification of any of the plaintiffs on account of their seeking or having obtained a religious exemption from mandatory COVID-19 vaccination.”

The New York Times describes a contrast between former Governor Andrew Cuomo and the current governor; Cuomo allowed religious exemptions but Kathy Hochul took them away, which in itself triggered the lawsuit.

In light of today’s decision, Hochul said the state would be appealing the ruling:

“My responsibility as governor is to protect the people of this state, and requiring health care workers to get vaccinated accomplishes that. I stand behind this mandate, and I will fight this decision in court to keep New Yorkers safe.”

For whatever reason we seem to have a lot of elected leaders who have forgotten the God-given rights the U.S. Constitution was written to protect. There is evidence that some of the Covid vaccines or the research to develop the vaccines involved embryonic stem cells. For some religious people, that is a problem. The Constitution protects the rights of those people. The Governor of New York needs to respect religious freedom. It will be a sad day for Americans if the State of New York wins this case.

There Are Probably A Number Of Reasons For This

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Just the News reported yesterday that a federal judge has blocked the state of New York from enforcing a Covid-19 vaccine mandate for its healthcare workers.

The article reports:

Former Governor Andrew Cuomo announced the healthcare worker vaccine mandate on August 16 prompting more than a dozen healthcare professionals to request a court enjoinder. The mandate requires hospitals staff and employees of long-term care facilities to be vaccinated in order to remain employed.

The suit argues that medical professionals, including doctors, nurses, and medical technicians face losing their careers and livelihoods if they refuse to receive a vaccine that contradicts their religious beliefs. According to the suit, the religious beliefs of the 17 medical professionals compel them to “refuse vaccination with the available Covid-19 vaccines, all of which employ aborted fetus cell lines in their testing, development, or production.”

The legal argument takes its shape under the umbrella of Title VII of the 1964 Civil Rights Act.

Christopher Ferrara, an attorney with the Thomas More Society said that New York is attempting to “slam shut an escape hatch from an unconstitutional vaccine mandate … They are doing this while knowing that many people have sincere religious objections to vaccines that were tested, developed, or produced with cell lines derived from aborted children.”

As of now the vaccine mandate is temporarily suspended in New York State.

It should be noted the because of the vaccine mandates, many healthcare workers are walking off their jobs. Because of that, many states are having difficulty staffing their hospitals.

People have different reasons for refusing the vaccine–some have religious reasons, some have health concerns, and some feel that because they have recovered from Covid, they don’t need the vaccine. At any rate, we used to be a free county where a person was entitled to make their own healthcare decisions. If this vaccine is as wonderful as we are being told, people will get it voluntarily. Vaccine mandates are not the way to go. All of us need to fight them.

Looking At Actions Rather Than Words

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Most of us who live in middle class America are not overly concerned with the limit placed by the Trump administration on the state and local tax (SALT tax) deduction on our federal income tax. Generally that deduction impacts people who live in New York, New Jersey, Connecticut, Massachusetts, California and one or two other states. Generally speaking, the people who are impacted by the limitations placed on that deduction are among the high earners among us who own large homes and live in states with high real estate taxes. Limiting that deduction was a way to end the practice of fiscally responsible states subsidizing fiscally irresponsible states. Limiting that deduction should have jarred the states impacted into being more fiscally responsible. Not only did that no happen, the Democrat Congress wants to end that limit–thus providing a tax break for the rich–something they continuously accused President Trump of doing.

On Tuesday Steven Hayward posted an article at Power Line Blog about the move to end the limits on the SALT deduction.

The article notes:

If you need proof that Democrats are really on the side of the plutocracy, look no further than New York’s Democratic House members, who today wrote to Speaker Pelosi threatening to vote against any of (P)resident Biden’s tax increase proposals unless the bill includes full repeal of the state and local tax (SALT) deduction limitations that were part of Trump’s 2017 tax reform. The SALT limitation was the single most “progressive” tax increase on the rich in years, but chiefly in high tax states like California, Illinois, New York, and New Jersey.

Read the letter for yourself and enjoy the casuistry: We need SALT repeal, the New York Dems day, so that our taxpayers won’t be “double-taxed,” but of course their citizens only face this problem because those states impose those extra high taxes. And most of the benefit of the SALT deductions go to high income people—the very people Dems are always telling us should pay their “fair share,” which they never define in any concrete way. “Fair share” just means “more.” Well, Trump delivered that, so what’s the problem?

I also like how the letter, in paragraph three, admits that cutting taxes on the rich will help spur job growth. I thought liberals didn’t believe in supply-side tax cuts?

This is the letter:

I guess the Democrats really do like tax cuts for the rich.

Hope For New York State

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The Western Journal posted an article today describing what is happening in New York State as a result of the mismanagement and scandals surrounding Governor Cuomo.

The article reports:

Andrew Cuomo’s despicable rule in New York has never been seriously challenged. He won re-election to a third term by 23 points in 2018 — an election in which he arguably didn’t even try.

But, for the first time in his tenure at the helm of the Empire State, Cuomo appears to be facing a serious opponent — one that was, at least in part, of Cuomo’s own making.

After more than a half-dozen allegations of sexual misconduct, as well as accusations that his use (and subsequent cover-up) of nursing homes to house infectious COVID-19 patients last spring caused thousands of additional deaths, Cuomo is unusually vulnerable.

And Rep. Lee Zeldin, a Republican who represents New York’s 1st congressional district in the U.S. House of Representatives, smells blood in the water.

As Fox News reported last week, Zeldin is running for governor of New York in next year’s election, when Cuomo could be running for a fourth term.

There is an indication that New York State may be ready for a change in leadership. There is also an indication based on actual facts vs. trends on Twitter that Twitter may again represent opinions that are not universally shared.

The article notes:

But, one of the most important political lessons of 2020 was that Twitter is in no way representative of reality. Fox News reported that on his very first day of campaigning, Zeldin raised over $1 million. Clearly, reality is once again diverging from Twitter.

This is something to keep an eye on. The media will do everything it can to discredit Lee Zeldin and his campaign. It will be interesting to see if the voters of New York will believe the media or ask for change.

 

This Is Not The America I Know

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Yesterday The Blaze reported that Governor Cuomo in New York has limited indoor Thanksgiving gatherings to 10 people. When did any state government acquire the right to tell you how many people you can invite for Thanksgiving in your own house? People are very capable of evaluating the risk and making their own decisions. Remember, this is the same man who sent coronavirus patients into nursing homes. I don’t understand why he has any credibility on any policy dealing with the virus.

The article reports:

Just in time for the Thanksgiving holiday, the governor announced Wednesday that all indoor gatherings would be limited to 10 people.

These are not just indoor gatherings at facilities open to the public.

According to Gov. Cuomo’s tweeted announcement, the state is focused on limiting indoor gatherings at private homes to 10 people, a significant drop from the 50-person limit that has been in place, the Ithaca Voice reported.

The article concludes:

“These measures are appropriate at this point in time in anticipation of what we see as potential spread,” Cuomo told reporters, WCBS-AM said. “If these measures are not sufficient to slow the spread, we will … turn the valve more, and part of that would be reducing the number of people in indoor dining.”

“It’s tough on bars and restaurants, it’s tough on gyms, it’s tough on everyone. I would say we are within sight of the finish line, the vaccine has been discovered, it has to be perfected, it has to be operationalized, but we see the finish line,” Cuomo added, according to WCBS.

The New York Post said the governor did not indicate how the new order would be enforced, but he did say it would be up to local governments.

“You can make rules, rules are only as good as enforcement, period,” Cuomo said. “I need the local governments to enforce.”

Aren’t laws supposed to have some constitutional basis?

Rules For The Little People

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Yesterday The Gateway Pundit reported the following:

Hollywood Stars Attending Video Music Awards From Out of State will Not be Subject to New York’s 14-Day Quarantine Mandate

This infuriates me. I live in North Carolina and can’t visit my grandchildren without a two-week quarantine, but Hollywood stars are not subject to quarantine. So the coronavirus only attacks people that don’t have a lot of influence?

The article notes:

Hollywood stars traveling to New York City from out of state for the MTV Video Music Awards will have the special privilege of skipping the state’s 14-day quarantine mandate.

Under Governor Andrew Cuomo’s mandate, anyone who travels to New York from any of the 34 ‘high risk’ states must quarantine for 14 days. Violators may be fined up to $10,000 or jailed for 15 days.

The article quotes The New York Post:

But unlike other travelers, the VMA musicians, singers and dancers won’t have to follow a state rule to quarantine for 14 days if they come to New York from any of 34 states, including California and Florida, with average COVID infection rates exceeding 10 percent.

Under an executive order by Gov. Andrew Cuomo, anyone who violates the quarantine order is subject to a fine up to $10,000 or up to 15 days in jail.

But the state Department of Health has granted the VMAs a semi-exemption to the quarantine rule.

To receive the exemption, the VMAs agreed to police itself with “rigorous safety protocols including testing and screening and compliance checks by a special compliance officer.”

The article also reminds us of another recent privileged class that was except from coronavirus rules:

Democrat Mayor of DC Muriel Bowser exempted Democrat lawmakers returning from Rep. John Lewis’s funeral from the mandatory 14-day quarantine.

I live in a section of North Carolina that has a low rate of the virus. Why am I not allowed to visit my grandchildren?

Hoisted On Your Own Petard

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I love it when karma shows up. The New York Sun posted an editorial yesterday about a religious freedom case argued before the Second United States Circuit Court or Appeals. I have absolutely no background in law, so I am going to rely heavily on what was stated in the editorial.

The editorial states:

When a case called New Hope Family Services showed up on the docket of the Second United States Circuit Court or Appeals, we perked up. It’s not just that we keep a weather eye for religious freedom cases (this one involves New York state’s attempt to force a Christian ministry to choose between its doctrine and its ability to place children in foster homes). We also perked up because of the three judges on the appeals panel.

They included two Democrats and a Republican — Edward Korman, a senior district judge sitting on the circuit bench; the legendary José Cabranes, probably the most senior active judge in the Circuit; and Reena Raggi, about whom we last wrote when we suggested she’d be an ideal candidate for the Supreme Court. It would be, we suspected, like watching a judicial version of “Field of Dreams.”

The New Hope Family Services was warned that if it did not state a willingness to place children with same-sex couples or unmarried couples, it would have to go out of business. The New Hope Family Services is a Christian group that believes in the teachings of the Bible, so obviously to agree to this would have been against their Biblical beliefs.

The editorial continues:

It was, at least to us, a shocking threat. It put New Hope, which is not government funded and has been in business for decades, in an impossible position. The pettifogging was too sophisticated for us and we started nodding off — until we heard the lawyer for New York state say, “It’s not a question of a Jewish family coming to the agency and being turned away because they’re Jewish.”

“But,” Judge Cabranes pointed out, “there’s no question that you’re preventing consideration of whether the adoptive parents are a same-sex couple as a result of the religious views of the agency.” Replied New York’s lawyer: “Yes.” Which prompted Judge Cabranes to ask: “You don’t think that there’s a suggestion here that the regulation is targeting religious groups?” New York state’s lawyer proceeded to reply: “No.”

“Because,” the state’s lawyer, Laura Etlinger, continued, the Second Circuit itself had said “the fact that there may be a disparate impact on religious organizations because of factual matters, they are the ones more likely to be affected, is not evidence of discrimination.” This is when Judge Raggi pointed out that the entities in that earlier case were not mainly religious.

In contrast, she noted, New Hope was contending that discovery in its case would disclose that the “vast majority, if not all” of the foster care and adoption agencies that “have had to go out of existence” are religious organizations.

“Do you dispute that?” Judge Raggi demanded.

“Well, in — it’s not in the record,” Ms. Etlinger replied, seeming to sense, suddenly, that she had been drawn into a trap.

The reason it wasn’t in the record, after all, was that the district court had dismissed New Hope’s complaint out of hand. Ms. Etlinger suggested that “to the extent there is an impact, because religious organizations are the ones that have a view about placement with same-sex couples does not mean that the agency was targeting those —” Her words hung in the air.

“Well,” Judge Raggi said, “isn’t that what discovery might reveal?”

The principle in question here is disparate impact as proof of bias. It is a legal principle often used by the political left to twist the law to get what they want. Please follow the link to read the entire editorial. It is wonderful to see the tactics of the political left used against them.

The editorial concludes:

Disparate impact is by no means the only angle the Second Circuit considered in New Hope. Nor is it our intention here to suggest that same-sex or unmarried couples are unsuitable for adoption. It is our intention to savor the irony that such a liberal concept as disparate impact might yet illuminate the First Amendment violations of a state trying to force a religious ministry to choose between, on the one hand, its beliefs and, on the other, its religious mission in respect of foster parenting and adoption.

 

Elections Have Consequences

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Yesterday The New York Post posted an article about the recent Democrat primary races in New York State.

The article reports:

A half-dozen insurgent candidates in Brooklyn and Queens — some backed by the Democratic Socialists of America — toppled veteran incumbents in Democratic primary races, including close allies of Assembly Speaker Carl Heastie (D-Bronx).

With Heastie’s backing, the Democratic Assembly Campaign Committee poured more than $400,000 combined to prop up 46-year veteran Joe Lentol, Felix Ortiz and Walter Mosley in Brooklyn and Aravella Simotas, Michael Den Dekker and Michael Miller in Queens.

They all lost.

Insurgent Zohran Mamdani, who defeated four-term incumbent Simotas in the 36th Assembly District covering Astoria, said in a tweet: “Socialism won.”

He was endorsed by the DSA.

The DACC donated $125,000 to Simotas’ re-election campaign.

So what does this mean for the State of New York? Emily Gallagher, one of the socialists elected stated, “I’m ready to get to work.” She has already stated that she would push to raise income taxes on the “top one percent” to preserve services, adding, “We need the revenue to survive.” Someone needs to tell her about the Laffer Curve.

The article concludes:

Meanwhile, five other progressive Democrats backed by the WFP (Working Families Party) and other progressive groups are expected to win open Assembly seats.

The newcomers are expected to raise hell, but Albany watchers said the jury is out on how much impact they will have in a body with more than 100 Democrats — including many moderates representing suburban and upstate districts.

“Clearly the candidates who won have a more liberal, progressive agenda,” said University of Albany political science professor Bruce Gyory.

He said he believes Heastie’s position as speaker is secure.

Heastie personally called all the winning insurgents to congratulate them.

All the candidates are running in heavily Democratic districts and are expected to prevail in the general election.

There is actually some good news here. A group is arising out of the Democrat party that will eventually form a third party (to the left of traditional Democrats). As the results of their policies become obvious, they will lose votes. If any of the tax increases and other policies of these recently elected Democrats are put in place, I predict that New York State will lose its tax base.

According to a Forbes Magazine article in January 2020, New York was already leading the nation in the number of people leaving the state:

Actually, I am surprised that California did not make the top ten states losing population.

 

The Problem With Mail-In Voting

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Yesterday Ed Morrissey at Hot Air posted an article about the recent primary in New York State. The primary was held on June 23. All voters had until May 29 to register online, in person at a local board of elections, or by mailing in a voter registration form.

The article reports:

How badly has the state of New York handled its vote-by-mail primary? Only today did the Associated Press make the call on the race in NY-16, concluding three weeks after the election that Rep. Eliot Engel lost to his primary challenger, progressive insurgent Jamaal Bowman — by sixteen points. It took that long to get through enough of the mail-in ballots and navigate the opaque reporting on the count for the AP to reach a firm conclusion in a landslide for Bowman.

That race is no fluke, either. The New York Times reports that some races have only a handful of ballots counted, and that outcomes of many of the primary contests have yet to be determined, more than three weeks after the election day. This portends disaster in November, the Times warns:

More than three weeks after the New York primaries, election officials have not yet counted an untold number of mail-in absentee ballots, leaving numerous closely watched races unresolved, including three key Democratic congressional contests.

The absentee ballot count — greatly inflated this year because the state expanded the vote-by-mail option because of the coronavirus pandemic — has been painstakingly slow, and hard to track, with no running account of the vote totals available.

In some cases, the tiny number of ballots counted has bordered on the absurd: In the 12th Congressional District, where Representative Carolyn B. Maloney is fighting for her political life against her challenger, Suraj Patel, only 800 of some 65,000 absentee ballots had been tabulated as of Wednesday, according to Mr. Patel, though thousands had been disqualified. …

The delays in New York’s primaries raise huge concerns about how the state will handle the general election in November, and may offer a cautionary note for other states as they weigh whether to embrace, and how to implement, a vote-by-mail system because of the pandemic.

Most voter fraud occurs in absentee ballots or mail-in ballots. This is the place where ballot harvesting occurs–a person can go into a nursing home, get people with limited cognitive ability to sign a ballot, and fill out the ballot themselves and turn it in. Ballots can be stolen from mailboxes, filled out, and turned in. It is a nightmare to anyone who wants an honest election.

The article at Hot Air concludes:

The vote-by-mail system, however, truly is a disaster, and not just over security concerns. The timelines in our Constitution are too tight for the kinds of delays seen in this year’s primaries. We are at risk of being without a legitimate Congress as well as a legitimate president by the time the deadlines for both are reached. The only way to ensure that we can meet those deadlines is to vote in person by paper ballots utilizing optical-scan technology for fast and accurate counts. The delay from a relative small number of contests in that system where absentee ballots could make the difference will be easy to absorb, but we can’t wait several weeks to confirm outcomes in races with double-digit in-person vote gaps.

Stop pretending this is a Trump problem. This is an electoral legitimacy problem in more than one aspect, and it’s time we treated it as such. If we can go to Walmart in this pandemic, we certainly can figure out how to vote in person to choose this country’s leadership.

How Is This Legal?

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Yesterday The Conservative Treehouse posted an article about new regulations put in place by Governor Andrew Cuomo in New York State. New York State had one of the highest death rates due to coronavirus because the Governor required nursing homes to admit coronavirus patients that had been discharged from the hospital. The Governor did not send those patients to the Javits Center, which had been refitted to handle coronavirus patients or to the hospital ship which had also been refitted. Instead he sent them into nursing homes where the population that was at the highest risk of dying from the disease lived. Now the Governor has chosen to overreact totally to the disease and issue a regulation that should be struck down immediately.

The article reports:

Comrade citizens, those who travel in the Northeast zone should beware, Minister Cuomo is going all-in with the COVID compliance mandates. All travelers into New York from “high-COVID” states, must provide their papers upon arrival or face a summons and $2,000 fine.

Is this even legal?

We Need To Learn From The Mistakes Made In New York

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New York has had a very high percentage of deaths from the coronavirus compared to  other states in the nation. This is not by chance–it is the result of bad decisions made at the beginning of the pandemic and throughout the crisis. Yesterday The National Review posted an article detailing the decisions that exacerbated the outbreak.

The article reports:

Cuomo made three breathtakingly bad moves in March that in retrospect amounted to catastrophe. First, Cuomo failed to call for, and even actively discouraged, informal social-distancing measures in early March. Next was the delay in mid-March in ordering formal closures when the virus started rampaging through his state. Third was his March 25 edict to long-term care facilities that they must accept infected patients, which caused a mass deadly outbreak among helpless, trapped, elderly New Yorkers.

The article notes:

Like de Blasio, who as late as March 10 was on MSNBC telling New Yorkers that most of us were at little to no risk and that the coronavirus was much like seasonal flu, Cuomo persisted with his don’t-scare-away-the-tourists happy talk well into March, the critical month. On March 1, the day New York State logged its first confirmed case of the coronavirus (a health-care worker who had just returned from Iran), Cuomo assured everyone that, although one of his own daughters had called him in a state of panic, there was no need to be afraid. “The facts defeat fear. Because the reality is reassuring. It is deep breath time. . . . This is not our first rodeo with this type of situation in New York,” Cuomo boasted, adding, “Excuse our arrogance as New Yorkers,” but the state was fully prepared. “We don’t even think it’s going to be as bad as it was in other countries,” he said. “We’re going to have a special effort for our nursing homes, et cetera, congregate facilities where senior citizens are being treated.” He further boasted that the state had broken free of federal restraints about testing: “Now we are actually in control of the systems ourselves. And as New Yorkers we like control.”

Summing up, Cuomo said, “Once you know the facts, once you know the reality, it is reassuring and we should relax because that’s what’s dictated by the reality of the situation.”

On March 6 Cuomo insisted, “The overall risk level of the novel coronavirus in New York remains low” and said, “We have more people in this country dying from the flu than we have dying from coronavirus.” As late as March 8, Cuomo, instead of advising people to stay away from the subway, advised New Yorkers to seek out less-crowded subway cars, the mass-transit equivalent of saying, “Let them eat cake.”

The coronavirus was an unknown entity, and I don’t blame Governor Cuomo for his original missteps.  However, I do believe that Governor Cuomo and Mayor de Blasio were slow to acknowledge and react to the danger. Contrast this with President Trump who had the foresight to stop air travel from China. Leadership matters.

Ungrateful Doesn’t Even Come Close To Describing This

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Yesterday The Daily Caller posted an article about a recent statement by Governor Cuomo of New York. On Tuesday The Governor reminded everyone who came to New York to help with the coronavirus crisis that they are required to pay New York State income tax for any wages they earned while working there.

The article reports:

Health care workers that traveled from across the country to volunteer to help fight New York’s coronavirus outbreak will have to pay state taxes, Democratic Gov. Andrew Cuomo announced according to PIX 11.

In a Tuesday news conference, Cuomo said the state isn’t “in a position to provide any subsidies right now because we have a $13 billion deficit,” PIX 11 reported.

“So there’s a lot of good things I’d like to do, and if we get federal funding, we can do, but it would be irresponsible for me to sit here looking at a $13 billion deficit and say I’m gonna spend more money, when I can’t even pay the essential services,” he added.

The article notes:

Samaritan’s Purse, the Christian humanitarian aid organization that sent volunteers to New York to set up a temporary hospital, wasn’t aware that their organization would have to pay the state income tax.

“Our financial comptroller called me, and he said, ‘Do you know that all of you are going to be liable for New York state income tax?’ Ken Isaacs, the Vice President of the organization told PIX 11.

“I said, ‘What?’”

 According to the New York State Department of Taxation and Finance, nonresidents who work in the state for more than 14 days must pay state income taxes. New York has one of the highest state income taxes in the country, ranging from 4% to 8.82% according to Business Insider. 

“What we’re even more concerned about than the money is the bureaucracy and the paperwork, and I think that once that’s unleashed, once you start filing that, you have to do that for like a whole year or something,” Isaac continued. 

Wow. The Governor may want to think about how this might impact the state’s ability to get people to come help in a future crisis.

What Could Possibly Go Wrong?

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Breitbart is reporting today that Governor Cuomo of New York has ordered election officials to automatically mail New Yorkers a postage-paid absentee ballot application during the coronavirus pandemic. These ballots are for the June primary, but if the idea is carried over to the presidential election, I can now guarantee that Governor Cuomo will be re-elected, Joe Biden will win New York State in the presidential election, and all Democrat members of the state legislature will be reelected by overwhelming majorities.

The article reports:

“I am issuing an Executive Order to ensure every New York voter automatically receives a postage-paid application for an absentee ballot because no New Yorker should have to choose between their health and their right to vote,” the governor continued.

Recently, Cuomo also issued an executive order allowing residents to vote absentee in the June 23 primary election, the announcement noted.

However, the New York GOP called the move an “illegal and unconstitutional political power grab that will severely undermine the integrity of our elections,” according to Breitbart News.

“The ‘never let a crisis go to waste’ mentality has permeated the Governor’s office and Cuomo is using this pandemic as a reason to expand his powers and force his political agenda through,” said chairman Nick Langworthy.

The article concludes:

Nearly 30 million mail-in ballots sent to registered voters went missing in the last four election cycles dating back to 2012, Breitbart News reported.

“In 2012, for instance, more than 33 million mail-in ballots were sent to registered voters. Of those, nearly four million went missing, more than 425,000 were undeliverable, and almost 260,000 were rejected,” the article read.

In a statement, Public Legal Interest Foundation (PILF) President J. Christian Adams called vote-by-mail a “disaster.”

“People who think it works haven’t studied the failures. The facts show mail voting doesn’t work,” he concluded.

This is not the path to an honest election. This is a dry run. If the Governor is successful in doing this, he will push for a mail-in presidential election. If he is successful, New York State will never again have an honest election.

Some Good News From New York

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The Epoch Times posted an article yesterday reporting some good news from New York.

The article reports:

Hospitals in New York state have discharged more COVID-19 patients than they have added for four days in a row, according to the latest data from the state hit hardest by the CCP virus pandemic.

Hospitals in the state discharged 1,709 COVID-19 patients on April 4, while admitting 574 patients. The number of daily discharges had also surpassed the daily admissions on the three prior days, state data shows.

…New York has been the U.S. epicenter for the Chinese Communist Party (CCP) virus, also known as the novel coronavirus. While New York City has borne the brunt of the outbreak, there has been an increasing shift to Long Island, which now accounts for 22 percent of the state’s COVID-19 hospitalizations.

The number of daily deaths in New York state from COVID-19 dropped for the first time on April 4, when 594 people died, down from 630 deaths the day before, with a total of 4,159 people dying from the disease statewide.

“What is the significance of that? It’s too early to tell,” Cuomo said.

New York has been the epicenter of the virus, but reports indicate new epicenters in New Orleans and Detroit. However, it would be nice if New York has truly turned the corner in fighting the virus.

Rhode Island Has Discovered Border Security

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Yesterday The Conservative Treehouse posted an article about a recent policy enacted by Governor Gina Raimondo of Rhode Island.

The article reports:

Governor Gina Raimondo announced. Starting immediately, anyone coming into the state from New York state will be mandated to self-quarantine for 14 days, the governor said.

“No matter how you come to Rhode Island – bus, car, train, plane – you are ordered to quarantine for 14 days,” Raimondo said. “In my judgement this is the most prudent form of action in light of the crisis.”

Members of the National Guard will be stationed at train and bus stations to gather the contact information of anyone coming in from New York. In addition, the Rhode Island State Police will station troopers at the state border to flag down vehicles with New York license plates. The information collected will be used only for contact tracing by the Rhode Island Department of Health, Raimondo said.

“This is different. This is unusual. This is radical,” Raimondo said. “I don’t want anyone to panic. If anything, Rhode Islanders should breathe a sigh of relief. We are doing things to keep ourselves safe.” 

This is unbelievable. How many illegal immigrants has Rhode Island let in that hadn’t been vaccinated for the diseases that Americans are routinely vaccinated for? Were they ever quarantined?

The article concludes:

Keeping tens-of-thousands of migrant travelers from central America and Mexico out of the United States is an abomination to the humanitarian interests of our nation.  However, allowing Americans to cross state borders during a national health emergency is apparently a bridge too far.

One of the under-appreciated benefits of this COVID-19 crisis, is exposing the hypocrisy of the limo-liberal elite.   Notice how quickly a Democrat can turn totalitarian? I digress….

Funny how it was only a few short months ago when Russia, Russia, Russia hype was declared to be influencing the national political conversation, while these same democrat governors were quoting the statue of Liberty.  Alas….

I wonder if anyone will question whether or not this is constitutional.

Voting With Their Feet

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Breitbart is reporting today that the population of the State of New York dropped by about 77,000 residents over the last year — the steepest statewide population drop in the United States.

The article notes:

New Census Bureau data released this week reveals that ten states in the U.S. saw their populations decline from 2018 to 2019. New York saw the largest decline with nearly 77,000 residents fleeing the state, helping to drop the population by about 0.4 percent.

…Likewise, Illinois lost about 51,250 residents over the last year, while West Virginia’s population declined by about 12,000 residents. About 11,000 residents fled Louisiana, 6,200 residents left Connecticut, 4,900 left Mississippi, 4,700 left Hawaii, more than 3,800 left New Jersey, about 3,600 left Alaska, and about 370 left Vermont.

In New York, between 2018 and 2019, about 45,753 foreign-born residents were added to the population, which is the lowest level of immigration to the state since 2010 and the second-lowest level in nearly 60 years, according to an Empire Center analysis published in the New York Post.

“The cost of living in New York — the high taxes, regulations, and housing costs — are making it untenable to live the American dream here,” New York City Councilman for Staten Island Joe Borelli told the Post. “It’s hard to see how this changes with progressive Democrats entrenched in government.”

The article concludes:

New York’s population decline comes as mass immigration and rapid corporate development by billionaire developers, with the approval of Mayor Bill de Blasio (D), has helped drive up rents and housing costs in New York City. The results have forced working and middle-class Americans out of the state.

Between 2005 and 2017, household incomes for single adults in New York grew by less than two percent per year, a study by the state’s comptroller found. At the same time, overall median rents in New York City increased by about four percent per year, resulting in a 61 percent rent hike for one-bedroom apartments and a 53 percent rent hike for two-bedroom apartments.

This is information you can’t ignore, even if you don’t live in one of the states that is losing population. When New York State (and probably California) finally declare bankruptcy because of bad fiscal policies, the rest of the states will be called on to bail them out. I have no idea how that will work, but I am ready to guarantee it will happen. States that practice fiscal sanity will be asked to bail out states that practice fiscal insanity. The only way that works is if the states practicing fiscal insanity are willing to change their ways. This could get very interesting.

Moving The Goalposts When They Aren’t Winning The Game

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The Democrat loved the Supreme Court before President Trump appointed two Justices. They are concerned now because their allies on the Court are not young, and President Trump is still President despite their best efforts. So, since they can’t seem to get what they want honestly, they are trying to change the rules.

CNS News posted an article today with the headline, “Five Democrats Warn Supreme Court It Could be ‘Restructured;’ Urge It to Drop 2nd Amendment Case.” Wow. Talk about arrogance.

The article reports:

Five Democrat senators have filed a brief with the U.S. Supreme Court, urging it to stay out of a pending Second Amendment case and warning it that a majority of Americans now believe the “Supreme Court should be restructured in order to reduce the influence of politics.”

The case, New York State Rifle & Pistol Association v. City of New York, is the first major challenge to gun laws since 2010, the senators said.

According to SCOTUS blog, the New York State Pistol and Rifle Association, representing gun owners who live in the city, are challenging the city’s ban on transferring licensed, unloaded guns anywhere outside city limits — including to a weekend home or to a shooting range.

The lower courts upheld those restrictions, so the gun owners took their case to the Supreme Court.

The article continues:

The senators argue that the National Rifle Association and The Federalist Society have “engineered the case” so the Republican-appointed majority will rule in their favor.

“[C]ourts do not undertake political ‘projects.’ Or at least they should not,” Whitehouse, Hirono, Blumenthal, Durbin, and Gillibrand wrote. “Americans are murdered each day with firearms in classrooms or movie theaters or churches or city streets, and a generation of preschoolers is being trained in active-shooter survival drills.

“In the cloistered confines of this Court, notwithstanding the public imperatives of these massacres, the NRA and its allies brashly presume, in word and deed, that they have a friendly audience [on the Court] for their ‘project.’”

Further, the Democrats argue that the gun-transporting restrictions have now been rescinded, making the case moot, yet the plaintiffs “soldier on” with their case.

“The judiciary was not intended to settle hypothetical disagreements,” the brief says. “Rather, the Framers designed Article III courts to adjudicate actual cases and controversies brought by plaintiffs who suffer a real-world harm.”

The Democrats also argue that the Supreme Court is increasingly “political” (now that it has an “engineered” Republican-appointed majority).

“Today, fifty-five percent of Americans believe the Supreme Court is ‘mainly motivated by politics'(up five percent from last year); fifty-nine percent believe the Court is ‘too influenced by politics’; and a majority now believes the ‘Supreme Court should be restructured in order to reduce the influence of politics,'” the brief says.

The senators conclude their brief with a warning about “restructuring” the court, an idea advocated by some of the Democrats running for president:

“The Supreme Court is not well,” they wrote. “And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’ Particularly on the urgent issue of gun control, a nation desperately needs it to heal.”

Presumably, the court will not be “healed” until a majority of the justices are appointed by Democrats.

When they are out of power, Democrats tend to act like spoiled brats.

How To Allow Non-Citizens To Vote Without Being Noticed

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On Thursday The New York Post posted an article about a mistake in a bill about voter registration.

The article reports:

A typo in the state’s automatic voter registration bill would have forced non-citizens to register despite their ineligibility — but lawmakers vowed it would be fixed.

The bill directs designated state agencies such as the Department of Motor Vehicles, State Board of Elections and Department of Social Services to automatically enroll residents who fill out any paperwork with their agencies.

An “opt-out” box would let people choose not to enroll. But sloppily written instructions specifically directed ineligible non-citizens to not check the box.

The instructions were actually supposed to tell them to check the box so they wouldn’t inadvertently be registered.

“There is a drafting error which [the Democratic] majority has recognized will be fixed in a chapter amendment,” Assembly Democrats wrote in a memo obtained by The Post.

A “chapter amendment” means lawmakers will pass the bill as-is and then edit the language after the fact.

The Assembly is supposed to vote on the bill Thursday. The Senate already passed the measure — typo included — Wednesday by a 43-to-19-vote margin.

But Assembly Republicans seethed because the intended vote comes three days after Gov. Cuomo signed the controversial “Green Light” bill granting driver’s licenses to illegal immigrants.

It will be interesting to see if they actually fix their mistake.

The article explains that the sole requirement for registering to vote in New York State is a driver’s license. If non-citizens have driver’s licenses, they will be able to register to vote–even if they are here illegally. One way to combat this is to check the voter registration rolls against the list of people who have declined jury duty because they are not citizens. However, I find it very unlikely that New York State will do this.

The conventional wisdom is that illegal aliens will vote Democrat. In New York State that really won’t impact presidential elections. Generally New York City votes Democrat, and its population is large enough to overpower the rest of the State and give the Democrats the Electoral College votes for President. However, allowing illegal aliens to vote could make a significant difference on local elections. Any remaining Republican pockets in New York State would quickly disappear.

Priorities

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Hot Air posted an article yesterday stating that the New York State Senate is getting ready to rid the state of a group of major criminals–people who text while walking.

The article reports:

As in Hawaii and some municipalities in, of course, California, it would impose fines between $25 and $250 on people for texting, browsing online, emailing or playing games on their cellphone while in a crosswalk.

Because obviously New York has no crime anymore and no serious wrongdoing that hasn’t already been addressed by authoriuties, police or parking cops will have plenty of time to watch the hands of everyone using a crosswalk in a state with about 39 million hands.

Of course, on paper such a rule might make sense. But is it government’s role to fight crime or combat select individual’s lack of common sense? And what about the impact on YouTube where, a friend informs me, many people go for repeated guffaws watching cellphone users walk into light-poles and water fountains?

“If they’re going to get killed crossing the street not paying attention,” said Lyles Press, “that’s their fault. I don’t see why you need to legislate common sense.”

Texting while walking is stupid–it takes a few seconds to stop walking and text what you need to text. However, I really think the New York State Senate has other more important issues it needs to address. In January of this year, The New York Post reported that more people are leaving New York than any other state. Shouldn’t the New York State Senate be thinking about laws that would make New York State a more attractive place to live? Shouldn’t they be thinking about ways to fight crime or end drug addiction or homelessness in their state? Darwin will take care of the people texting while walking, New York Senate, you might consider working toward making your state a better place to live.

This Can’t End Well

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The following video was posted on YouTube today:

If you are looking for objective jurors, there is no way you can support this bill. Jury selection has become an art form. Many people are disqualified from serving on a jury because a family member is a police officer. If they are disqualified for that reason, shouldn’t felons also be disqualified.

Actions Have Consequences

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Most Americans strive to preserve the environment, despite how the more radical environmentalists portray them. The problem occurs when there is a small risk to the environment but a benefit to people.  Anything civilization does will probably incur a small risk to the environment, but benefits and risks need to be weighed carefully. New York State is paying a price for the actions of some of its more radical environmentalists.

Yesterday Hot Air posted an article about some consequences of recent environmental activist victories.

The article reports:

If you know anything about New York in the modern era (both the state and the Big Apple), you’re likely aware that it’s not exactly a friendly landscape for the oil and gas industry. The “Keep it in the ground” crowd has a lot of influence with the Democrats who control the government. That why, back in 2013, when the new Constitution Pipeline was proposed to carry natural gas from Pennsylvania’s rich shale oil fields to New York, activists were able to block the construction despite it already having been approved by federal regulators. Similarly, when National Grid (the local energy consortium) requested an extension to the Williams Co. Transco pipeline, they were also tied up because of the outcry from environmental activists.

Here comes the surprise that nobody could have possibly seen coming. The city and its surrounding downstate region are still expanding with new construction projects, but their energy suppliers have told them that they will not be able to supply natural gas to any new customers because they’re already at capacity.

The article concludes with some interesting irony:

The additional ironic twist to all of this is they don’t even need those long pipelines to begin with. Or at least they wouldn’t need them if they were thinking clearly. The southern section of upstate New York is sitting on some of the richest natural gas deposits in the country in the form of the Marcellus Shale deposits. It’s the same formation delivering all of that natural gas over the border in Pennsylvania. But Andrew Cuomo and his Democratic buddies pushed through a moratorium on any and all natural gas drilling and it’s still in place today.

The state could be producing its own natural gas and supplying New York City more cheaply, but they’re refusing to do it out of spite. And now they’ve outstripped their fuel supply. This entire situation would be hilarious if it weren’t creating such a massive SNAFU for the energy grid.

I guess if you live in New York, you’d better make sure you have a working fireplace that you can cook on. The environmentalists put questionable science over the practical needs of people.