Dan Goldman talks trust in the justice system

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Dec 10, 2024 View in browser
 
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By Emily Ngo, Jeff Coltin and Nick Reisman

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Attorney Dan Goldman addresses supporters on the evening of the Democratic primary election Tuesday, Aug. 23, 2022, in New York.

Democratic Rep. Dan Goldman was lead counsel in Trump’s first impeachment. | Craig Ruttle/AP

Donald Trump’s legal challenges took a backseat to everyday Americans’ economic struggles this election, and he will return to the White House in January despite being impeached twice, indicted four times and convicted once by a Manhattan jury on 34 counts. The president-elect has denied wrongdoing and labeled the cases political witch hunts.

Rep. Dan Goldman (D-N.Y.), lead counsel in Trump’s first impeachment and a former Southern District prosecutor, spoke with Playbook about wavering trust in the American justice system and his party’s election losses this year.

This interview was edited for length and clarity.

What does special counsel Jack Smith’s dropping of the election subversion and classified documents cases against Trump say about the Justice Department?

Donald Trump benefits from a longtime DOJ policy that has never been challenged, much less affirmed by a court, that says you cannot indict or prosecute a sitting president. It is by no means an absolution of his conduct, but it is the reality of a Justice Department under President Biden that follows the law and follows the rules and regulations.

Why did voters back Trump despite those charges — and the state cases in New York and Georgia?

It’s a travesty. I wish it was more obviously disqualifying because I am very worried about where our country is going to go. And what was clear in this election is that Americans were far more concerned about the day-to-day issues that impact them than they were about Donald Trump’s legal problems. The risk, though, is that Donald Trump will dismantle our democracy and our federal government to such a degree that that will have a much, much more dramatic and devastating impact on working Americans.

Did voters look beyond his impeachments then, too?

I think you have to separate the impeachments. The first impeachment (over allegations Trump improperly sought 2016 election help from Ukraine) did have an impact on the 2020 election, and Joe Biden won in a landslide. But in terms of Jan. 6, that impeachment, those prosecutions, I am concerned that any impeachment no longer is a pathway to true accountability, because it is almost impossible to get a conviction in the Senate in our partisan environment, and the reality is that I think hypothetical concerns just impact Americans much less than actual, day-to-day concerns.

Does President Joe Biden’s pardoning of his son, Hunter, hurt credibility in the legal system?

I don’t think it should, because I think this was a very unique circumstance that was not a politicization of the Biden Justice Department but was instead political interference in an ongoing criminal prosecution by Republican members of Congress. And when you combine that with Donald Trump’s threats of retribution and retaliation and using the Department of Justice as a political wrecking ball, this is a very unique case that was politicized by Republicans, not by Democrats. — Emily Ngo

IT’S TUESDAY: Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.

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WHERE’S KATHY? In Albany.

WHERE’S ERIC? Traveling to San Juan, Puerto Rico where he will deliver remarks at Puerto Rico Blockchain Week.

QUOTE OF THE DAY: “I’m looking forward to some of the forums and some of the debates. I'm looking forward to them because I have something to run on — not just a dollar and a dream.” — Mayor Eric Adams, committing to joining some mayoral candidate events after skipping several.

ABOVE THE FOLD

Manhattan District Attorney Alvin Bragg holds a binder.

Manhattan District Attorney Alvin Bragg's office failed to secure a conviction in the Daniel Penny trial yesterday. | Seth Wenig/AP

NOTHING TO BRAGG ABOUT: Monday was a great day for the newly appointed police commissioner, Jessica Tisch. Not so much for Alvin Bragg, the Manhattan district attorney.

The fatal shooting of a healthcare CEO in broad daylight on the streets of Manhattan provided an early test for Tisch, whom the mayor tapped last month in the hopes of ending three years of chaotic leadership at the department.

For days, it appeared the NYPD had lost their man. Then Monday morning a McDonald’s worker in Altoona, Pennsylvania, made a crucial call to local law enforcement, allowing Tisch to hold a congratulatory press conference alongside the mayor and giving her an early measure of credibility at the outset of her tenure.

“This apprehension is thanks to the tireless work of the greatest detectives in the world and, of course, the strong relationships we have with our local law enforcement partners on every level: local, state and federal,” she said Monday.

And then there’s Bragg, whose office failed to secure a conviction in the Daniel Penny case, which similarly captured nationwide attention, albeit in a far more partisan and bitter way.

Republicans crowed Monday at Penny’s acquittal for criminally negligent homicide in connection to his placing Jordan Neely in a chokehold on the subway last year. And GOP leaders, who loathe Bragg for his left-leaning stances on crime and his prosecution of President-elect Donald Trump, used it as another opportunity to demand the Manhattan Democrat’s ouster. — Joe Anuta

 

REGISTER NOW: As the 118th Congress ends, major decisions loom, including healthcare appropriations. Key focus: site neutrality. Can aligning hospital and clinic costs cut federal spending, reflect physician costs, and lower patient expenses? Join policymakers and providers to discuss.

 
 
CITY HALL: THE LATEST

NEW YORK, NEW YORK - JUNE 20: NYC Comptroller Brad Lander speaks during a rally against proposed cuts to the NYC budget at City Hall on June 20, 2024 in New York City. Various organizations, elected officials and community members gathered for a rally led by The People’s Plan on the steps of City Hall calling on the City Council to hold firm in their negotiations regarding Mayor Eric   Adams' proposed cuts in the upcoming budget. The mayor has already made seven cuts to the city budget that have affected education, libraries and cultural institutions. (Photo by Michael M. Santiago/Getty Images)

The city’s three public library systems previously got funding restored after running big campaigns with celebrity boosters and City Council backing. | Michael M. Santiago/Getty Images

FIRST IN PLAYBOOK: Public libraries are getting their own political action committee, LibraryPAC, with a plan to endorse and donate to city candidates who won’t cut their funding.

The city’s three public library systems faced major budget cuts in the last two cycles but got funding restored in the final deal both years after running big campaigns with celebrity boosters and City Council backing.

“In addition to the possibility of cuts derailing planning and derailing hiring, the libraries have to spend a lot of energy on this,” said LibraryPAC Chair David Woloch, a former spokesperson for the Brooklyn Public Library. “So hopefully having another voice in the mix will be helpful to the overall cause.”

The grassroots group said they don’t have a major backer yet, but they plan to endorse candidates for mayor and other races ahead of the primaries.

The PAC won’t just be focusing on the budget dance, said founding Library PAC member Jen Manley, a former Queens Library lobbyist. They’ll also be asking candidates to support “true values of inclusivity and access” in opposing book bans and supporting programs like drag queen story hours. — Jeff Coltin

ANOTHER MARTE CHALLENGER: Ultra wealthy attorney Elizabeth Lewinsohn, a former director of policy and plans for the NYPD Counterterrorism Bureau has launched her campaign against City Council Member Chris Marte.

Litigator Jess Coleman also recently launched his campaign in the Democratic primary for the Lower Manhattan seat, planning to challenge Marte on his NIMBY policies opposing development. Marte was the only Manhattan member to vote no on the City of Yes for housing last week. Lewinsohn also plans to make an issue of Marte’s vote.

“I’ll bring people together and work collaboratively towards progress instead of just saying no,” Lewinsohn said in a statement.

Marte told Playbook he looks forward to an active discussion leading into the primary. — Jeff Coltin

More from the city:

Adams will meet with cryptocurrency billionaire Brock Pierce in Puerto Rico, in his latest effort to appeal to Trump. (POLITICO Pro)

John Chan was a Chinatown gangster before remaking himself into a powerful force in New York politics — one closely aligned with the Chinese Communist Party. (New York Times)

Adams has turned Roosevelt Avenue into a 'hunting ground' for immigrant street vendors. (Hell Gate)

 

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NEW FROM PLANET ALBANY

A woman in a blue jacket stands at a podium

Gov. Kathy Hochul faces potential challengers from both parties in 2026. | Don Pollard/Office of Governor Kathy Hochul

HOPE FOR HOCHUL: Gov. Kathy Hochul’s weak poll numbers have modestly improved, according to a Siena College Research Institute poll released this morning. Hochul was viewed favorably by 39 percent of respondents and unfavorably by 49 percent, up from 36-51 in October and 34-54 in September.

Siena also polled on two of Hochul’s potential challengers, both largely unknown. Democratic Rep. Ritchie Torres was viewed favorably by a margin of 19-13, while Republican Rep. Mike Lawler came in at 17-20. Lt. Gov. Antonio Delgado polled at 17-15.

Torres and Lawler have been aggressively going after Hochul in recent weeks over her handling of congestion pricing, which pollsters found was backed by 29 percent of registered voters and opposed by 51 percent. Voters also said by a 54-35 margin that they’d like the state to support the Trump administration’s promised efforts to deport migrants living in New York illegally.

“A majority of voters from the City, 51 percent; upstate, 54 percent; and the downstate suburbs, 58 percent; want the State to support the Feds efforts,” Siena spokesman Steve Greenberg said in a statement. “Supporting the Feds also has majority support from white and Black voters, and a plurality of Latino voters, 47-36 percent.”

Siena surveyed 834 registered voters last week, and the numbers have a margin of error of 4.1 points. View the crosstabs here. — Bill Mahoney

GEAR UP FOR AVR: New York is poised to launch a system of automatic voter registration, adding about 2 million people to the rolls.

Lawmakers approved a bill in 2020 that would register anybody doing business with certain agencies such as including the DMV and the city’s public housing authority — that doesn’t actively opt out. That was due to be phased in starting Jan. 2023, but distractions such as the pandemic-era election legislation put it on the backburner.

The state Board of Elections approved a resolution Monday that’ll get the registrations started as soon as it goes through the rule-making process. That will mark the latest in a long string of major changes to the state’s election law in recent years.

“Between early voting, vote-by-mail, automatic registration, and many other policies, we have made great strides in making it easier for New Yorkers to vote since taking the Senate majority,” said Senate sponsor Mike Gianaris, a Queens Democrat. — Bill Mahoney

BENNETT SUIT DROPPED: Charlotte Bennett has dropped her federal sexual harassment lawsuit against ex-Gov. Andrew Cuomo and his former top advisers.

The move comes at a crucial time for Cuomo, who is considering a political comeback as either a candidate for mayor or governor.

Bennett’s attorney Debra Katz on Monday afternoon announced a separate lawsuit against the state of New York would continue. That suit was filed in state court.

The decision came as Bennett was due to be deposed in the case. Cuomo’s attorneys late last week requested in a filing that Bennett’s lawyers be blocked from publicly discussing the former governor using a state law that allows taxpayers to foot his legal expenses.

So far, New York taxpayers have shelled out $28 million to defend Cuomo in various cases following his 2021 resignation after a state attorney general report concluded he sexually harassed 11 women, which Cuomo has denied.

The former governor has leveraged the case to issue subpoenas and seek depositions from women who have accused him of wrongdoing. One judge has called the effort a “scorched-earth” tactic to gain information; Cuomo’s attorneys have insisted he is defending himself.

In a statement, Bennett said she was withdrawing the suit after Cuomo used her lawsuit “to harass me and my family.”

“Throughout this extraordinarily painful two year case, I’ve many times believed that I’d be better off dead than endure more of his litigation abuse, which has caused extraordinary pain and expense to my family and friends. I desperately need to live my life. That’s the choice I am making today,” Bennett said.

Bennett has said Cuomo sexually harassed her while she was working in his office; Cuomo has denied any wrongdoing after initially issuing a public apology.

Cuomo attorney Rita Glavin in a statement called the decision to drop the suit “a complete capitulation” by Bennett.

"After falsely smearing Governor Cuomo for years, Ms. Bennett suddenly withdrew her federal lawsuit on the eve of her deposition to avoid having to admit under oath that her allegations were false and her claims had no merit,” Glavin said. — Nick Reisman

More from Albany:

The Legislature released its 2025 calendar. (New York State Assembly)

Outgoing state Sen. Kevin Thomas said he was offered a job if he dropped out of the congressional race — which could violate the law. (City & State)

NYSUT is turning up the pressure to limit student cellphone use during school hours. (Rochester First)

Advocates and state lawmakers are urging Hochul to prevent migrant evictions in Albany. (CBS 6)

KEEPING UP WITH THE DELEGATION

Rep. Elise Stefanik (R-N.Y.) is pictured at a meeting.

House Republican Conference Chair Elise Stefanik, Trump’s nominee for U.S. ambassador to the United Nations, had $8.7 million cash on hand as of late November. | Alex Brandon/AP

POST-GENERAL CA$H: With election season wrapped, so too is the financial accounting of how much congressional candidates raised and spent.

Playbook’s look at campaigns’ post-general election filings to the Federal Election Commission reveals, unsurprisingly, that party leaders and big names are flush with cash while battleground contenders who left it all on the field had little left in their coffers.

House Republican Conference Chair Elise Stefanik, Trump’s nominee for U.S. ambassador to the United Nations, had $8.7 million cash on hand as of late November. House Minority Leader Hakeem Jeffries had $5 million. Democrat Rep. Ritchie Torres had a whopping $11 million. And Rep. Alexandria Ocasio-Cortez, who is running to be the top Democrat on the House Oversight Committee, had $3.9 million.

A filing by newly elected Democrat Josh Riley, who unseated Rep. Marc Molinaro upstate, showed he was $44,000 in the red, but his campaign spokesperson blamed a software glitch and said he planned to file an amendment showing $125,000.

Incoming House member John Mannion, a Syracuse-area Democrat, had about $200,000 cash on hand and his soon-to-be fellow freshman Laura Gillen of Long Island had $87,000 left in her campaign war chest. — Emily Ngo

More from Congress:

New York House Republicans wade into the controversial reshuffling of a popular Medicaid program, CDPAP. (Times Union)

Senate Majority Leader Chuck Schumer’s bid to add the Antisemitism Awareness Act to the NDAA defense bill fails. (Jewish Insider)

House Minority Leader Hakeem Jeffries named the new co-chairs of the Democrats’ powerful Steering and Policy Committee. (POLITICO)

 

Billions in spending. Critical foreign aid. Immigration reform. The final weeks of 2024 could bring major policy changes. Inside Congress provides daily insights into how Congressional leaders are navigating these high-stakes issues. Subscribe today.

 
 
NEW YORK STATE OF MIND

A former Rensselaer County elections official has been sentenced to a year of probation for identity theft charges. (Spectrum News)

Bridges and tunnels on Long Island are at a “critical point” but many have no scheduled repairs. (Newsday)

Gambling addiction is taking its toll as apps become more popular among young users. (Times Union)

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SOCIAL DATA

Edited by Daniel Lippman

MAKING MOVES: Michael Twomey is now assistant general counsel at the city Department of Transportation. He was previously counsel to the City Council Finance Committee … Alex Spyropoulos has joined Tech:NYC as director of government relations. He ws regional policy manager for the Northeast for the Computer and Communications Industry Association and is a Kasirer alum … Ben Furnas, former executive director The 2030 Project: A Cornell Climate Initiative and a de Blasio alum, is joining Transportation Alternatives as executive director…

— Adams appointed Kate Smith as executive director of the Mayor’s Fund to Advance New York City. She was previously executive director at Runway of Dreams and worked at the American Red Cross … Jaclyn Rothenberg has joined Avoq as a senior vice president in their New York office. She was previously director of public affairs at FEMA.

MEDIAWATCH: NBC 4 New York/WNBC has named David Ushery the new co-anchor of “News 4 New York at 6 PM,” starting Monday. Ushery succeeds legendary journalist Chuck Scarborough.

WELCOME TO THE WORLD: Zoe Chace, producer/reporter for “This American Life,” and Lizzy Berryman, chief of staff for contracts at the MTA Capital Program, on Nov. 26 welcomed Elias Edward Berryman-Chace, who joins big brother Maximo. Pic ... Another pic

HAPPY BIRTHDAY: Reporter Erin Durkin, former New York Playbook co-author … Sabrina Rezzy, comms director for the New York State Trial Lawyers Association (h/t Austin Weihmiller) … Democrats for Education Reforms’ Jacquelyn MartellBill Baroni … NYC DOT’s Rami Metal … OCM’s Anne Kadamani Symone Sanders-TownsendMarc Mezvinsky ... NBC’s Andrea Canning … Fox News’ Mike EmanuelMisha Belikov Lucy BuckmanJasper Craven Mitchell Rubenstein (WAS MONDAY): Jeffrey Wilpon Eric Wachter

Missed Monday’s New York Playbook PM? We forgive you. Read it here.

 

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