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Friday, February 19, 2010

Hint of Integrity from 2nd Circuit; Return to Good 'Ole Days?

Judge OKs Monserrate Expulsion
NBC 4 - NY- February 19, 2010

Sorry, Hiram. Looks like you may be out of a job. A federal judge rejected an attempt to temporarily block the expulsion of embattled lawmaker Hiram Monserrate. Colleagues voted to remove the Queens Democrat because of a misdemeanor assault conviction. Monserrate filed a civil rights lawsuit last week asking Judge William Pauley to reverse the lawmaker's removal and stop a March 16 special election to replace him. Monserrate and his attorneys have said the Senate didn't have the legal authority to kick him out. The ousted pol says the state Senate denied him due process and his constituents their right to representation. He's backed by the New York Civil Liberties Union. Judge Pauley let the motion stand. Monserrate's lawyers are expected to immediately appeal the ruling, reports The New York Times. Attorney General Andrew Cuomo commended the decision and said his office would continue to represent the Senate in the matter. "We are gratified that the Court has confirmed our position that the Senate had the authority to expel Mr. Monserrate," Cuomo said in a statement. "The time for changing the culture of Albany is long past due. Today's ruling is a step in that direction."

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Judge Declines to Block Monserrate's Ouster
The New York Law Journal - February 22, 2010

A federal judge has declined to issue a preliminary injunction against the state Senate's expulsion of Hiram Monserrate. The Senate voted, 53-8 on Feb. 9 to oust Mr. Monserrate, who had been convicted of recklessly assaulting his girlfriend. Mr. Monserrate and several of his former constituents appealed, claiming that the former senator had been denied due process of law and the voters disenfranchised. However, Southern District Judge William H. Pauley III concluded after a hearing yesterday that he had no legal basis to block the Senate's action in a decision released today. Moreover, he held that a scheduled March 16 special election to select Mr. Monserrate's replacement would protect the voters of the 13th District in Queens "more effectively than judicial intervention." The Senate is scheduled to return to Albany Monday.

15 comments:

albany insider said...

Keep dreaming. The decision comes for one reason, maybe two. The light is on the rats, and the federal judges are finally, and rightly, feeling some long-overdue pressure to do the right thing, for a change, and not just rule via kneejerk or crony-phone call.

Also, it's important to realize that the corruption in Albany really couldn't get much worse... so something UNcorrupt was bound to happen sooner or later.....

Anonymous said...

Maybe it'll take a federal judge to get a federal monitor. I don't think Preet Baharrara will come thru.

Anonymous said...

Bernadette E. Lupinetti, Esq. is a criminal with a license to destroy families and enslaved children. This criminal is pro pedophiles, pro violence, pro prostitution of minors and pro the rape of minors. This crimnal is up to her ears in crminals activities a true corrupt monster.

Anonymous said...

HEY !! Like Wow. Check out what I just found.
http://ordinaryinjustice.com/

Anonymous said...

We want a Federal Monitors and many of them!

Anonymous said...

and he thinks his right to due process has been denied...

Anonymous said...

curious why the blog had no comments on conflicts of interest in the AG representing the Senate given not only the investigations of the senators but the ag stayed out of the fray allegedly based on conflicts in the Judicial payraise lawsuit ?

this looks like the AG selecting one person to go after while letting others thru the door or by the door or in the back door and none of it is correct or good for change and all a smokescreen window dressing

so curious why the Blog post didn't present those sides to what is going on?

maybe monsserrate should have been expelled but did this body have the right to do so given all the problems with the senate body? looks rather selective

Anonymous said...

The 2nd circuit is just like every other court in NYS.
The only reason Hiram didn't get what he wanted, is becuase the power brokers don't want him back.
It doen't matter if he was right or wrong, he couldn't win.
Don't expect justice from the 2nd, they too are connected with the corrupt mess that is NY politics.

Anonymous said...

Don't expect the Federal court to address any of the corruption or case fixing that is going on in NY.
They have no intention of making any changes to what goes on in NY.

Anonymous said...

Cumo should talk.
Especialy with his wheeling and dealing. The only reason why they threw senator out was because he was to big of a joke. If it was on page 6 and tv did not show that video clip from the lobby they would have let him stay. This was 2 much front page news for 2 long.

Anonymous said...

Is Cuomo going to act on the corruption of Chief Judge Lippman and Judge Ramos; is the Pope..? The rat pack will sacrifice one rat, Hiram, to appease the NY NOW femifacists and protect their reelections in the NY Senate. Cuomo panders for the femifacist NOW endorsement. Is there honor among NY lawyer/politicians? Does a rat change his nature when relocating at the 2nd Circuit?

Anonymous said...

If Andy Cuomo had a "pair" he would go after the fraud Lippman/Silver but if he did that he would never stand a chance of being you know what! Bottom line Cuomo does NOTHING! The FEDS DO NOTHING! NOTHING FROM NOTHING! That's the way it is, read it and weep folks we are all getting screwed and not enjoying it! When do we screw them?

Anonymous said...

When we organize and demand justice let's take the criminals by their balls and ovaries and don't let go until we get justice.

Anonymous said...

Saint Andrew, Patron Saint of Crooked Lawyers and Judges,calms his beneficiaries with his assurance to sleep well because the NYT works as his disciple. Saint Andrew assures, "you have nothing to fear except, not contributing to his campaign." Saint Andrew asks you, "when has the 2nd Circuit in his times acted against judicial corruption?"

Eliot Bernstein said...

I kinda laugh at New Yorkers of late, you know the pansies afraid of trying the guys who supposedly bombed them, laugh more when I hear they want to clean corruption. John Stewart says it all about what a pathetic state the People of New York now live in, actually afraid of Justice or Injustice disguised as Justice @ http://www.thedailyshow.com/full-episodes/tue-february-9-2010-newt-gingrich . I mean really New York, if you know these guys are corrupt then throw the bums out and try them, demand justice like a New Yorker would, ya know pre 9.11 pansies.
Bat Out of Hell

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