Sunday, September 21, 2008

Brooklyn Dem's Judicial Convention is a Much More Serious Sham

Sunday, September 21, 2008
The Brooklyn Optimist

Last week, The Optimist went inside the Kings County Democratic County Committee meeting and exposed it as bad theater. Unfortunately, he didn't know in time about the one-night-only comedy extravaganza that County staged the following evening.

I'm talking, of course, about the Brooklyn Democratic Party's judicial convention, the backroom bonanza where Vito Lopez doles out seats on the bench to his kowtowing cronies. One Optimist reader with intimate knowledge of the event wrote us to say that if only they had had a video camera to record last Tuesday's spectacle then many a Brooklyn jurist would have had to forfeit their seats in shame the next morning when the tape surfaced to the public.

The Daily News wasn't there live, but they did write a damning editorial on Friday, denouncing the event as "a glimpse into the odious nature of how the political bosses make judges in New York". For even more on this sham, check out Oneshirt's post on Room Eight here.

Seriously, people, when is Brooklyn going to get its act together? We have far too many talented artists to keep churning out such drek. Long time Brooklyn reformers had hoped that the U.S. Supreme Court would finally bring an end to this fiasco, but unfortunately the Roberts Court (surprise, surprise) shamelessly sided with corruption as usual. Super scumbag Justice Scalia was brazen in his majority opinion: "Party conventions, with their attendant 'smoke-filled rooms' and domination by party leaders, have long been an accepted manner of selecting party candidates."

Justice Stevens, in a concurring opinion, stated his reasons for upholding Brooklyn's codified cronyism in a slightly less infuriating manner: "I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws.'"

So, that's where we are. I can't fault Vito. The ball is in the court of our State's legislators. As long as they refuse to act on behalf of the people and change our "stupid laws", Brooklynites will continue to suffer injustice.

Friday, September 19, 2008

Judicial Sausage Factory Continues, Almost Nobody Noticed

Judicial Sausage Factory Continues, Almost Nobody Noticed
view edit
posted by Oneshirt
Fri, 09/19/2008 - 11:10am
After the former county leader goes to jail for corruption connected with judicial elections, a U.S. Federal Judge Gleeson calling them unconstitutional - fixed - and extensive condemnation by the city’s newspaper editorial pages, the charade called the Brooklyn Judicial Convention continued like nothing ever happened. In fact like a wounded animal or king the situation has grown grave and depraved.


Nothing has been learned by the experiences of the past 5 years a delegate whispered into my ear when boss Vito was not looking. Something very bad is happening to our way of life and culture. Our system of democracy, separation of powers, built in political party conflict has failed and nobody cares. The business as usually continuation of the convention is proof that our culture has changed so much that exposure and shame which used to be enough to cause reform has been replaced by a get over society, where morality or doing what is right does not matter. What is even more frightening, if it was up to the press there would be no record. Only the Manhattan gadfly a modern day Thomas Paine made sure there was a public record.



Today's Daily News Editorial

“For a glimpse into the odious nature of how the political bosses make judges in New York, we direct your attention to a letter in Friday's Voice of the People by veteran court watcher Alan Flacks. On Tuesday, Flacks dropped in on the Brooklyn Democratic Party's ceremony for elevating faithful lawyers to the bench. The party calls it a convention. It's not. It's a charade, currently directed by boss Vito Lopez.” – September 19, 2008.


U.S. Judge John Gleeson Rules Judicial Conventions Unconstitutional
"The highly unusual processes (judicial convention - the lone state in the nation to elect judges this way) by which that extremely important office (Supreme Court Judge) is filled perpetuate local political party leaders control and deprive the voters of any meaningful role," the judge wrote in the decision. "The result is an opaque, and undemocratic selection procedure that violates the rights of the voters and the rights of candidates who lack the backing of local party leaders."


The Flacks letter to the Daily News Which Resulted in Today’s Editorial:



Sausage Factory Floor

Manhattan: I attended the Kings County Democratic judicial nominating convention Tuesday. It was orchestrated "Soviet-style." Short, sweet, lady- and gentleman-like, the script called for the eight candidates to be designated or redesignated without opposition, even for supposed "open" seats. Before adjournment, each judge candidate got up and gave a short thank-you speech. Every one of them expressed gratitude to the party district leaders for their support, and they also expressed effusive thanks to and praise of County Leader Vito Lopez (photo). One "re-up," John Leventhal of the Appellate Division, Second Department (after inquiring if the press was present) thanked now-imprisoned county leader Clarence Norman as well, and another called Lopez "the greatest county leader ever." After adjournment, I spoke with a number of delegates who voted "automatically" and didn't seem to know for whom they were voting. They didn't know, and were just told for whom to vote.

Alan Flacks




Brooklyn District Attorney says the Supreme Court election system corrupts
Charles Hynes: Amicus Curiae Brief in Judge Lopez Torres vs. NYS Board of Elections:

“New York’s uniquely constructed and statutorily- mandated nominating process for the state Supreme Court, which in effect places ultimate control over who becomes a state Supreme Court justice in the hands of powerful county political party leaders, creates and sustains a breeding ground for corruption and malfeasance and undermines the public’s confidence in the judiciary."



Feldman and his Friends Play the System
“Similarly unseemly was the role played at the convention by Jeff Feldman, a one-time party honcho who was indicted with Norman but won dismissal of charges. No longer exiled from the convention, Feldman helped run Tuesday's show.” -– NY Daily News Editorial, September 19, 2008.



Judge Gleeson, U.S. District Court Cited Jeff Feldman’s action in the decision
“Beginning in March of 2003, then candidate for Supreme Court Lopez Torres wrote repeatedly to the Kings County Democratic Committee to learn three basic things; (1) the date, time and place of the convention; (2) the names of the delegates, so she could lobby them; and (3) whether she could address the delegates at the convention. She did not hear from its Executive Director, Jeffrey C. Feldman until September 4, 2003, after she once again requested the information. Feldman response is difficult to reconcile with the defendants' gauzy characterizations of a democratic process open to all party members who seek the office of Supreme Court Justice. He began by mocking the request for a list delegates to lobby: "AI erroneously believed that a learned jurist, such as yourself, would be well aware that Delegates and Alternate Delegates to the Democratic Judicial Convention stand for independent elections in the Primary Election, yet to be held. Thus no such list existed "anywhere in the world," Feldman helpfully added. As for Lopez Torres's inquiry about addressing the convention, Feldman wrote as follows: "I suffer from the innocent belief that the floor of the Convention is open, only, to elected Delegates and their successors.” - Judge Gleeson, U.S. District Court

Besides the press also missing, from this year Judicial Convention, were most of the reformers who in the past protested actions at the convention. Only Central Brooklyn Independent Democrats president Chris Owens and past president Josh Skaller stood alone in opposing this year’s convention, handing out a newspaper to every delegate outlining needed changes to the way New York “elects” Supreme Court Judges.



U.S. Supreme Court Justice John Paul Stevens said Judicial Conventions are bad, declaring that :

“The Constitution Does Not Prohibit Legislatures From Enacting Stupid Laws.”



Since the U.S. Supreme Court ruling that the courts did not have the constitutional right to change the way New York chooses it Supreme Court Judges not one elected official has spoken out about changing the STUPID LAW. In fact the good groups which conspired with the elected officials before the U.S. Supreme Court ruling to allow Judicial Conventions to continue at the same time allowing candidates to petition there way onto the ballot are like the press missing action on this issue. In fact like the elected officials the good government groups have not commented on the STUPID LAWS.


For more information on the proposed changes proposed by Owens:

www.voteowens.com


For more information about the Judicial Convention, efforts to change it and a record of judicial corruption over the past 5 years:

http://jefffeldmanisback2008.blogspot.com/

Tuesday, September 16, 2008

"Farce": A Review of Last Night's Brooklyn Democratic County Committee Meeting

Tuesday, September 16, 2008
The Brooklyn Optimist

Last night, 181 Members of the Kings County Democratic County Committee huddled in an auditorium at St. Francis College in downtown Brooklyn to participate in the theatre of the absurd.

Move over Samuel Beckett, Vito Lopez in the hizzy.

Despite my unflappable optimism, I can't say I was surprised at how the night went. Though this was the first time I had attended the notorious affair, I had been warned in advance as to how these performances go. Basically, a bunch of elected officials and party loyalists take turns literally reading from a script to dutifully enact whatever agenda Vito Lopez has decided upon, and then call the meeting to a close as quickly as possible, so that its members don't get a headache from too much democracy all in one night.

Except for a few hiccups, that's precisely how last night played out. Taking every opportunity to eschew debate and neutralize dissent, the officials cast by Vito to read the script handed out to them earlier in the day did so as quickly as possible and then exited stage left.

The only people in the chorus who seemed to have missed the director's notes were Councilman Charles Barron, political blogger David Michaelson (a.k.a. mole333) and his wife Joy Romanski (corresponding secretary of the Central Brooklyn Independent Democrats), and the 50+ newly elected members of the County Committee from the New Kings Democrats political club.

Charles Barron, who incidentally is a far better actor than any of the extras sent by Central Casting to play Vito's goons, began his sparkling performance by challenging the largely ceremonial adoption of the Committee's rules on the grounds that he had not been given a chance to review them in advance. The fact that someone dared to disrupt the show early on palpably unnerved the crowd, which suddenly had to confront the possibility that the airy musical they had come to see had been surreptitiously replaced by the complete works of Ibsen.

Councilman Lewis Fidler, playing a toned-down version of Councilman Lewis Fidler, took it upon himself to calm the crowd, arguing that were the County Committee not to adopt the rules that the meeting would not be officially convened (bad), the Kings County Democratic Party would not be a legally sanctioned body and thus incapable of appointing judges (very bad), and that the globe would go flying off its axis and plunge into the sun (maybe not so bad if McCain gets elected).

A few eventful scenes later, Charles Barron again took the stage and delivered the evening's only noteworthy monologue. Unfortunately, I couldn't scribble it down fast enough in my program, but it began: "This is ridiculous! I've never been to a more scripted meeting in my whole life! This is insulting!" His eloquent soliloquy was saluted with scattered enthusiastic applause and then promptly dismissed as a rant.

The rest of the evening's sound and fury was left to the members of the New Kings Democrats, who tried their best in the role of "Reformers", but were overshadowed by Vito Lopez and the 670 Proxies. Every time the night's Chairman State Senator Marty Connor would call a vote on any proposal not in the script, if the yeas and the nays sounded even (NKD's members made up a vocal third of the audience), Connor would dispense with the pageantry and remind the crowd that there was a superstar with 670 votes to his name waiting in the wings ready to make a surprise cameo at any time. Since this one man was worth over three times the value of those in attendance (despite all the electeds there), Connor's forthright observation always settled the issue conclusively.

Speaking of Connor, this reviewer would be remiss in not acknowledging that he was genuinely moved by the veteran's performance as "Broken Man in Twilight". Now I can't claim to have seen Connor in his heyday, but as last night's Richard III, he brought an unexpected candor to the proceedings. He appeared not as a grand Senator, but as a mere man in need of a horse, beset with the anguish that comes when the realization that he will never again be king.

As for the rest of the ensemble, Vito Lopez was captivating, but unbelievable, in the role of "The Gentle Giant" (seriously, that guy is towering).

Assemblywoman Annette Robinson and District Leader Olanike Alabi were disappointing as "The Early Adjourners". For those critics who will allege that the New Kings Democrats didn't accomplish anything last night, I would point to the bit parts read by this duo as the reason NKD didn't get more of a chance to shine. By ushering the show to a close before any new business could be proposed, Robinson and Alabi cheated a good portion of the audience out of the cost of admission. I was particularly dispirited by Alabi's role. Usually, one of the only truly progressive District Leaders, she could have made something of her part, but instead preferred to mail it in. I know she could have done better.

Equally disappointing were "The Electeds". And I mean all of them, except for Charles Barron. Not a single one of them in attendance last night (District Leaders included!), has any chance of being cast in 2009's much-anticipated blockbuster release "Brooklyn's Real Reformers". Of course, their agents and acting coaches will try to convince you otherwise next September, but don't believe the hype.

Last, but not least, The Optimist found himself unexpectedly the central figure in one of the night's only moments of true levity. I attended the meeting not yet knowing of the outcome of the primary race I ran last week to represent my tiny swath of Greenpoint as its Democratic County Committee Member. The good people at NKD took it upon themselves to nominate me for appointment to the committee on their slate of candidates for the 50th Assembly District. When Chairman Connor read the competing slate of candidates, it turned out that in the 93rd Election District Morgan Pehme's opponent on the competing slate was none other than "Morgan Pehme".

I stood up in the meeting, announced that I happened to be "Morgan Pehme", and said that the reason NKD had nominated me was because I did not yet know the outcome of the primary. Chairman Connor smiled and said, "Apparently, you won. Congratulations. Everyone seems to like you." My victory was greeted with perhaps the warmest and only non-controversial round of applause of the night.

I wonder if I'm still going to be as universally well-liked after you read my review of last night's show?

As always, I will remain optimistic.

Monday, September 15, 2008

Vito’s Bad Days Go Unreported

Room 8 Mon, 09/15/2008

By reading the political blogs and newspapers you would never know that Brooklyn Democratic County Leader Vito Lopez lost most of the important contested contests over the past few years.


This year Lopez backed Senator Martin Connors and lost. More importantly his power block of voters in Williamsburg is clearly split, with the new Satmar faction headed by Rabbi Glanz/UJCARE, followers of Rabbi Aaron Teitelbaum winning over a third of the vote for Squadron. Connor received 90.86 percent of the Chassidic vote when he ran against Diamondstone two years ago, but only 64.83 percent to Squadron's 35.17 percent on Tuesday. Vito and his Williamsburg faction of Rabbi Niederman/UJO, followers of Rabbi Zalman Teitelbaum, no longer have the field all to themselves. A bigger problem for Lopez with Connor’s defeat was that Squadron is a Schumer backed candidate. Our senator has a long memory; part of that remembrance is Lopez heading up Democrats for D'Amato. Will the emerging Schumer machine defeat Vito’s smoke and mirrors operation?


The county leader also lost the only contested judicial race in Brooklyn. Devin Cohen besides having a tax problem beat Vito’s candidate Roger Adler. Lopez also lost in the 40AD where Inez Barron beat his candidate Earl Williams easy.


In the boroughs other contested races, Lopez were busy playing all the candidates in their private discussions that- I am really with you game. Vito endorsed State Senator Parker the winner, but also was involved in both of his opponent’s campaigns. Councilman Stewart told election lawyer Mitch Alter that he would have problems with Vito if he hired him or consultant Gary Tilzer. If you look at the over half million dollars his other opponent Felder spent you would see that most of them consisted of a lot of Vito supporters and contributors. Since Vito supported Republicans in the past (D’Amato, Pataki and Giuliani) many in Brooklyn felt he was involved with the effort against Malcolm Smith to split the black vote in the 21st Senate District to elect Felder and to keep Republican control of the State Senate.


Even with the re-election of Parker and Silver there are signs in the few competitive judicial races that occurred, that voters are much more willing to vote against the machine. Despite the public growing signs of disgust with their dysfunctional government, the growing crime wave among their elected offices and most importantly the dismal won/loss record of county leaders, 2009 citywide candidates seem more and more willing to listen to the dictates of the county leaders in efforts to get their support. Perhaps that says more about their governing abilities and intelligence then they think.


The 2007 victory of now Surrogate Court Judge Johnson against Vito’s machine, he only beat her by less than 100 votes in his home district (53AD) is all but forgotten. So was Surrogate Court Judge Lopez Torres victory against the Brooklyn machine in 2005 in what can only be described as a collective mental block by the 2009 mayoral, controller, public advocate candidates and even the media. There has never been an analysis by any of the press of how independent coalitions were put together to block the machine for the first time in 100 years from the Brooklyn Surrogate’s Court. It is time for the media to understand that independent candidates and consultants give the voters a real voice against the thugs in this town who control campaigns, elective and party office.



And it does not help that the line between the reform clubs in Brooklyn and Vito judicial picks becomes increasingly more blearily, as the clubs endorsed more and more of his judicial candidates, ignoring the fact that while they might be good candidates it is the political system of control which causes the corruption and lack of reform.


Perhaps Lopez should learn a lesson in control from the Queens Democratic leaders, who buy off their endorsed candidates opponents before the voters have a chance to go to the polls. Both Senator Sabini and Assemblymen Lafayette got new jobs to make way for this year’s parties endorsed candidates. After petitioning and getting on the ballot, Baldeo who decided not to campaign in this year primaries for a Senate seat, for which he received 49% of the vote two years ago, had been in talks all summer with the leaders of the Queens machine.


Vito is not the only county leader who had a bad day on Tuesday. In the opening battle of the racial charged Bronx Civil War the Rainbow Revels defend the party organization and Chairman Jose Rivera attacked on Assemblymen Heastie, Ruben Diaz Jr. and Michael Benjamin by party-supported candidates. In addition, the Civil Court candidate the revels backed, Liz Taylor, had a big win (54 percent) against her challengers, Maria Matos (the party candidate) and Verena Powell. In Manhattan the county organization lost all three of their contested judicial races.

Vito’s Bad Days Go Unreported

By reading the political blogs and newspapers you would never know that Brooklyn Democratic County Leader Vito Lopez lost most of the important contested contests over the past few years.


This year Lopez backed Senator Martin Connors and lost. More importantly his power block of voters in Williamsburg is clearly split, with the new Satmar faction headed by Rabbi Glanz/UJCARE, followers of Rabbi Aaron Teitelbaum winning over a third of the vote for Squadron. Connor received 90.86 percent of the Chassidic vote when he ran against Diamondstone two years ago, but only 64.83 percent to Squadron's 35.17 percent on Tuesday. Vito and his Williamsburg faction of Rabbi Niederman/UJO, followers of Rabbi Zalman Teitelbaum, no longer have the field all to themselves. A bigger problem for Lopez with Connor’s defeat was that Squadron is a Schumer backed candidate. Our senator has a long memory; part of that remembrance is Lopez heading up Democrats for D'Amato. Will the emerging Schumer machine defeat Vito’s smoke and mirrors operation?


The county leader also lost the only contested judicial race in Brooklyn. Devin Cohen besides having a tax problem beat Vito’s candidate Roger Adler. Lopez also lost in the 40AD where Inez Barron beat his candidate Earl Williams easy.


In the boroughs other contested races, Lopez were busy playing all the candidates in their private discussions that- I am really with you game. Vito endorsed State Senator Parker the winner, but also was involved in both of his opponent’s campaigns. Councilman Stewart told election lawyer Mitch Alter that he would have problems with Vito if he hired him or consultant Gary Tilzer. If you look at the over half million dollars his other opponent Felder spent you would see that most of them consisted of a lot of Vito supporters and contributors. Since Vito supported Republicans in the past (D’Amato, Pataki and Giuliani) many in Brooklyn felt he was involved with the effort against Malcolm Smith to split the black vote in the 21st Senate District to elect Felder and to keep Republican control of the State Senate.


Even with the re-election of Parker and Silver there are signs in the few competitive judicial races that occurred, that voters are much more willing to vote against the machine. Despite the public growing signs of disgust with their dysfunctional government, the growing crime wave among their elected offices and most importantly the dismal won/loss record of county leaders, 2009 citywide candidates seem more and more willing to listen to the dictates of the county leaders in efforts to get their support. Perhaps that says more about their governing abilities and intelligence then they think.


The 2007 victory of now Surrogate Court Judge Johnson against Vito’s machine, he only beat her by less than 100 votes in his home district (53AD) is all but forgotten. So was Surrogate Court Judge Lopez Torres victory against the Brooklyn machine in 2005 in what can only be described as a collective mental block by the 2009 mayoral, controller, public advocate candidates and even the media. There has never been an analysis by any of the press of how independent coalitions were put together to block the machine for the first time in 100 years from the Brooklyn Surrogate’s Court. It is time for the media to understand that independent candidates and consultants give the voters a real voice against the thugs in this town who control campaigns, elective and party office.



And it does not help that the line between the reform clubs in Brooklyn and Vito judicial picks becomes increasingly more blearily, as the clubs endorsed more and more of his judicial candidates, ignoring the fact that while they might be good candidates it is the political system of control which causes the corruption and lack of reform.


Perhaps Lopez should learn a lesson in control from the Queens Democratic leaders, who buy off their endorsed candidates opponents before the voters have a chance to go to the polls. Both Senator Sabini and Assemblymen Lafayette got new jobs to make way for this year’s parties endorsed candidates. After petitioning and getting on the ballot, Baldeo who decided not to campaign in this year primaries for a Senate seat, for which he received 49% of the vote two years ago, had been in talks all summer with the leaders of the Queens machine.


Vito is not the only county leader who had a bad day on Tuesday. In the opening battle of the racial charged Bronx Civil War the Rainbow Revels defend the party organization and Chairman Jose Rivera attacked on Assemblymen Heastie, Ruben Diaz Jr. and Michael Benjamin by party-supported candidates. In addition, the Civil Court candidate the revels backed, Liz Taylor, had a big win (54 percent) against her challengers, Maria Matos (the party candidate) and Verena Powell. In Manhattan the county organization lost all three of their contested judicial races.