Wednesday, February 8, 2023

Pomerantz v. Bragg world

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By Sally Goldenberg, Anna Gronewold and Zachary Schermele

Presented by

American Beverage Association

Former prosecutor Mark Pomerantz is using his new bestseller to throw some deep critiques against his old boss, Manhattan District Attorney Alvin Bragg. But Bragg has a few big friends.

Several prominent Black civil rights leaders and pioneering Black politicians are stepping in to defend the borough’s first Black person to hold the job after Pomeratz, who is white, accused the DA of leading the criminal probe of former President Donald Trump “into the legal equivalent of the plane crash.”

The author of “People vs. Donald Trump” used “tired racial tropes to undermine and disparage” Bragg, National Urban League President Marc Morial, former New York Gov. David Paterson, former New York State Comptroller H. Carl McCall and New York NAACP President Hazel Dukes said in a statement shared first with Playbook.

“In his book, he quotes an email he wrote to newly elected D.A. Bragg saying, 'You need to respect our judgment' — effectively telling the highly experienced first Black Manhattan D.A. that Bragg 'needs' to 'respect' him,” the statement reads. “This is not an email he would send to or a tone he would use with his predecessors.”

Manhattan District Attorney Alvin Bragg exits the courtroom after the jury found the Trump Organization guilty on all counts in a criminal tax fraud case, Tuesday, Dec. 6, 2022, in New York. (AP Photo/Julia Nikhinson)

Manhattan District Attorney Alvin Bragg exits the courtroom after the jury found the Trump Organization guilty on all counts in a criminal tax fraud case, Tuesday, Dec. 6, 2022, in New York. | AP Photo/Julia Nikhinson


The attacks, they said, were all too familiar.

“Pomerantz’s stereotyped-riddled attacks on Bragg — that he was 'disengaged', 'lazy', 'not qualified' — recall attacks that each of us have heard used against us, and have been used to denigrate every Black elected — official including President Obama,” the statement reads. “Alvin Bragg is a respected, courageous, ethical and thoughtful lawyer.”

Pomerantz, who is a Democrat like all the signatories as well as Bragg, responded with his own statement.

“I share the view that Alvin Bragg is a ‘respected, courageous, ethical and thoughtful lawyer,’ but he is not immune from criticism," he said. "I disagreed with him about the decision he made in the Trump case. I am happy to debate the merits of that decision, but I am not going to debate his or my character, motives, or professional accomplishments.”

IT’S WEDNESDAY. Got tips, suggestions or thoughts? Let us know ... By email: agronewold@politico.com and sgoldenberg@politico.com or on Twitter: @annagronewold and @sallygold

WHERE’S KATHY? In New York City as a guest on PIX11 Morning News, and in Washington joining Center for American Progress President and CEO Gaspard for discussion at the State Leaders summit.

WHERE’S ERIC? Still in Washington after attending last night’s State of the Union. He will appear on MSNBC’s “Morning Joe” and then attend a closed press meeting of the New York congressional delegation and an event called “Dominicans on the Hill” hosted by Rep. Adriano Espaillat.

QUOTE OF THE DAY: “You don’t belong here.” — Sen. Mitt Romney reportedly told Rep. George Santos as senators filed into the House chamber for the State of the Union

 

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What City Hall's reading

NYC social services commissioner resigns amid rising homelessness, migrant crisis,” by Gothamist’s David Brand and Chau Lam: “‘There’s no discord. There’s no running away,’ he said during an interview with Errol Louis on NY1 Tuesday night. ‘This is something that was already planned and I’m happy I could take this opportunity after serving 36 years in the agency.’”

NYC Council Progressive Caucus braces for member ‘exodus’ over police funding flap,” by Daily News’ Chris Sommerfeldt: “The City Council’s Progressive Caucus could lose as many as 10 members due to an internal dispute over law enforcement funding, multiple sources told the Daily News on Tuesday. The caucus, which is considered highly influential in the Council due to its sheer size, recently asked its 35 Democratic members to sign a ‘Statement of Principles’ in order to remain in the group.”

Adams, Bragg announce joint crackdown on unlicensed Manhattan weed sellers,” by amNY’s Ethan Stark-Miller: “Mayor Eric Adams and Manhattan District Attorney Alvin Bragg are making a new joint push to crack down on businesses illegally selling weed in the Big Apple, the pair announced Tuesday afternoon. The NYPD has filed complaints in Manhattan Supreme Court against the operators of four East Village storefronts they say they observed selling marijuana without a license, in several cases to underaged individuals, the mayor said. At the same time, Bragg said his office sent a letter to over 400 smoke shops throughout Manhattan his office believes to be selling unlicensed pot, warning them they could be evicted if they don’t halt the illicit sales.”

World’s tallest Holiday Inn booked solid by Eric Adams for NYC migrants,” by New York Post’s Bernadette Hogan and Bruce Golding: “New York City is converting the world’s tallest Holiday Inn hotel into the Big Apple’s sixth mega-shelter for its surging migrant population, Mayor Eric Adams announced Tuesday. The deal will supply 492 rooms for adult families and single women, Adams said in a statement.”

— Adams denied that his administration was “coordinating” to send migrants from the New York to Canada.

After banning ChatGPT, NYC Schools consider how to use it,” by City & State’s Sahalie Donaldson: “The New York City Department of Education hasn’t closed the door on ChatGPT. After initially banning use of the artificial intelligence-powered chatbot on school devices and Wi-Fi last month, education officials are reconsidering how to incorporate the technology in a way that enhances student learning while preventing cheating and plagiarism.”

 

JOIN POLITICO ON 2/9 TO HEAR FROM AMERICA’S GOVERNORS: In a divided Congress, more legislative and policy enforcement will shift to the states, meaning governors will take a leading role in setting the agenda for the nation. Join POLITICO on Thursday, Feb. 9 at World Wide Technology's D.C. Innovation Center for The Fifty: America's Governors, presented by Cisco, where we will examine where innovations are taking shape and new regulatory red lines, the future of reproductive health, and how climate change is being addressed across a series of one-on-one interviews. REGISTER HERE.

 
 
WHAT ALBANY'S READING

Lawmakers ponder mandatory training for judges in light of rollout of bail statute,” by Times Union’s Josh Solomon: “Democratic lawmakers on Tuesday expressed interest in requiring mandated training for judges, a proposal that is largely the result of the state’s changes to bail laws that have been the subject of heated debate across the state and in the Legislature.”

DIFIORE WATCH: Questions continue to cloud the expired tenure of former Chief Judge Janet DiFiore, especially surrounding perks she kept after resigning last year. Tamiko Amaker, the acting administrative judge for the Office of Court Administration, told lawmakers during the public protection hearing in Albany Tuesday, that DiFiore had faced threats, including in one case when a suspicious individual was found to have her photo and address. State Police did an assessment and provided her security detail that continued out of necessity, she said. “So as I said, in 2021, her entire family was threatened — there was a threat to kill her and her entire family — and so when she retired in (2022), at that point, the threat hadn’t subsided. The threat continued,” Amaker testified.

But few lawmakers are enthused about court operations at the moment, particularly at the Court of Appeals. Vocal DiFiore critic Senate Deputy Majority Leader Mike Gianaris blasted the state’s highest court as having “serious corruption” issues. More broadly, officials for the court system could not provide answers to basic questions about trainings and structure during the few minutes he’d listened to their testimony, he said. “I will just say this in closing; the court system has a real problem,” he said. — Joseph Spector

Kathy Hochul Bets Half a Billion on Horse Racing. Will the Industry Pay Her Back?,” by New York Focus’ Sam Mellins: “Governor Kathy Hochul’s proposed budget would guarantee a nearly half billion dollar windfall of public money to New York’s troubled horse racing industry. She says New York taxpayers will be reimbursed in full: Over 20 years, race track operators would pay off the $455 million loan to renovate the Belmont Park race track on Long Island, plus interest. But the industry is losing tens of millions of dollars every year. How will it pay the state back? With money the state gives it.”

Gov. Hochul wants New Yorkers to cover actor, director pay under film tax plan,” by WNYC’s Jon Campbell: “Gov. Kathy Hochul wants taxpayers to subsidize the pay of actors and directors who work on movies and TV shows that film in New York — all as part of ongoing arms race with New Jersey to attract the film industry to their side of the Hudson River. ... For the first time, Hochul said she wants the state to allow productions to claim the credit for so-called ‘above the line’ costs — things like pay for actors with speaking roles, performers, directors, composers and producers, subject to certain limitations.”

OPINION: “Does Carl Heastie want reporters around?” by Times Union’s Chris Churchill: “As the Legislative Correspondents Association noted in a letter sent last week to Assembly Speaker Carl E. Heastie, a Democrat, the restrictions on reporter movement were a reasonable limit during the pandemic. But it is unreasonable that they remain even as similar restrictions in the state Senate — and Capitol buildings around the country — have ended.”

— Heastie is refusing to take questions from the New York Post because he doesn’t want to be “disrespected.”

#UpstateAmerica:Inside the Syracuse zoo’s scramble to save a newborn elephant twin: ‘He’s not responding!’”

 

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TRUMP'S NEW YORK

Michael Cohen to meet with Manhattan DA amidst Trump grand jury, by POLITICO’s Mia McCarthy: Former Trump attorney Michael Cohen said he will be meeting with the Manhattan District Attorney Wednesday as a grand jury hears testimony regarding the former president’s involvement in a hush-money payment to porn actress Stormy Daniels. “It’s now the 15th time that I’m heading in to discuss this and several matters with the DA’s team and I am looking forward to it,” Cohen said Tuesday on his podcast Political Beatdown.

AROUND NEW YORK

— A bill in Albany would lower the legal blood alcohol limit for driving from .08 to .05.

— Mental health patients in New York spent a total of nearly 11,900 hours in restraints and 9,000 hours in seclusion while in psychiatric units in 2021.

— NYC public-sector unions want members reinstated with backpay if they were fired for refusing to get vaccinated against Covid-19 now that Adams has canceled the mandate.

— A police officer was hospitalized after an apparent suicide attempt inside a Bronx stationhouse.

— NYC Fire Commissioner Laura Kavanagh was booed by a small crowd of firefighters at a promotion ceremony in Brooklyn amid FDNY turmoil.

— City & State published a Cupid Day special: “City & Date: New York political singles looking for love.

 

DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOSDOWNLOAD FOR ANDROID.

 
 
SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Ted Koppel … Vox’s Zack BeauchampRodney Margolis Jonah Triebwasser Charles S. Cohen Robert S. Kapito Itzik ShmuliAlexandra BrodskySamantha Grosinger

MEDIAWATCH — Chad Day is returning to the AP as its new chief elections analyst. He most recently was a national political reporter at the WSJ.

MAKING MOVES — Joel M. Cohen has joined White & Case LLP as a partner in its white collar practice in New York. He most recently was co-chair of Gibson Dunn’s white collar defense and investigations group, and a member of the firm’s securities litigation, class actions and antitrust practice groups. Cohen is a trial lawyer and former federal prosecutor. … Ari Spinoza is now special assistant for Rep. Brandon Williams (R-N.Y.). He most recently worked on his transition team and is an RNC alum.

 

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Real Estate

Buyers Are Flocking to NYC’s Suburbs. Too Bad There Aren’t Many Homes to Sell,” by Bloomberg’s Jennifer Epstein and Prashant Gopal: “In the midst of the worst US housing slump in a decade, a wave of finance and tech layoffs and drumbeats of a potential recession, open houses in affluent New York suburbs are packed. Offers come in fast — sometimes for hundreds of thousands over asking. … The New York City region, a dense population center with many high-earning professionals and little room for new construction, is in some ways an outlier. But the area’s relatively strong real estate demand is also a bright spot in the US housing market as the key spring selling season approaches and underscores the vast disparities in different parts of the country.”

 

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