Reforming the Police Department

Gov. Andrew Cuomo has challenged the cities and counties of New York State to enact laws reforming (or perpetuating) their police agencies by April 1, 2021 or lose state funding. For New York City, which has the largest, and arguably most troubled, force in the state, this mandate poses an enormous challenge and grand opportunity.

I propose that the city amend its charter to create a new agency empowered and charged to administer the policing function. This Police Commission, if you will, should be comprised of men and women representing the key stakeholders affected by the exercise of the police power. It must include public members appointed by community boards, police officers chosen by the rank and file of their unions and public officials selected by the mayor and presiding justices of the court. The commission should have nine unpaid members, five of whom must be named by a consensus of the community board in each borough, two by the police union membership and one each by the mayor and presiding justice.

This body must be invested with the authority to set and oversee policing policies and practices, disciplinary procedures and range of punishment, hiring and training standards, budget formulation and equipment requirements and prohibitions. The commission must be provided with a paid, full-time staff, headed by an executive director of its choosing, to carry out the policies adopted by the commission and, with the aid of subpoena power, to investigate and report on instances of abuse and corruption. The commission should have authority to refer the findings it accepts to the state's attorney-general for prosecution when appropriate or to initiate disciplinary proceedings.

The commission should meet regularly and hold frequent public hearings. It should propose further legislation delineating areas of public concern better removed from the policing function and delegated, instead, to other agencies best suited to address the needs of affected individuals.

The police force would continue to be managed on a day to day basis by its hierarchy of ranking officers answerable to a police administrator chosen by, serving at the pleasure of and subject to the directives of the Police Commission.

Gleeson Charges Justice Department With Gross Abuse In Flynn Case

Some in the media are mischaracterizing the role of former federal judge John Gleeson, who just filed a brief in opposition to the DOJ's motion to dismiss the case against Michael Flynn. Mr. Gleeson is not a "neutral arbiter" charged with assessing the merits of the DOJ's motion. He was appointed to act as an advocate for upholding Flynn's conviction, a role the DOJ abandoned when it joined forces with Flynn's defense team.

What is significant about Mr. Gleeson's brief, is its assertion that the DOJ's motion to dismiss is pretextual and is, in fact, a politically motivated, corrupt attempt to spare an ally of President Trump from bearing the consequences of his confessed crimes. The sentencing judge, Emmet G. Sullivan, should deny the DOJ's motion to dismiss, impose an appropriate sentence and initiate an inquiry into the circumstances of the DOJ's misrepresentations to the court.

New York Should End the Curfew

Imposing a curfew in New York City was a mistake and it should be ended forthwith. The curfew has been counterproductive in several respects. It has increased violent confrontations between police and protesters, diverted police manpower that could be better utilized to prevent looting and has punished innocent persons who have business being on the street at night.
Instead of using thousands of officers to trail after, and ultimately entrap, protesters, a fraction of that force could be far more effectively deployed protecting businesses likely to be vandalized. The rest could be given much needed time off and the city budget would be spared the enormous cost of this unnecessary operation.

Barr Gave The Order

William Barr has been masquerading as Attorney General of the United States. Now he can be seen in his true role; President Trump’s Roy Cohn and Bull Connor in one person.
In his guise as Attorney General he has done everything his client, Mr. Trump could have wished for. He corruptly misdescribed the Mueller Report, falsely gave credence to Trump’s claim of FBI spying, initiated reinvestigation of the investigators, interfered to lighten the sentence facing Roger Stone and is attempting to clear an admitted felon, Michael Flynn.
Now he has taken charge of the defense of the White House against the threat posed by those protesting police brutality.
Leaving the “vicious dogs” in their pound, and without donning a police chief’s uniform, Mr. Barr directed an indefensible assault on peaceful protesters in order to clear a path for Mr. Trump to stride fearlessly through Lafayette Park for a photo op in front of a church he never attends holding a bible he never reads.

Trump Threatens Executive Order to Regulate Social Media

Free expression is a bedrock of American democracy. Testing the truth of official pronouncements is the highest exercise of that fundamental right. The ability to hold accountable the powerful, without fear of retribution, is the hallmark of true liberty.

President Trump's vilification of the media, branding it "the enemy of the people", is a trademark of autocrats throughout history. His verbal abuse of and disdainful response to journalists has become commonplace. To the extent that his assault on the media has gained traction with a significant bloc of the populace, and is echoed and amplified by a sycophantic element of cable news, it is increasingly dangerous.

Now, Mr. Trump threatens to issue an executive order to prevent such platforms of expression as Facebook and Twitter from alerting their readers to the presence of misinformation or blatant falsehoods published by posters who have no regard for truth or propriety, our president being a prime offender.

We must hope that better judgment by those having any sway with this president will prevail or, failing that, the courts will swiftly strike down this latest threat to a free society.

Trump Attacks Obama

President Trump has taken to attacking his predecessor for leaving him with a cupboard bare of pandemic related stores.
Never mind that the corona virus did not exist in January, 2017. Put aside that the Obama administration prepared for and schooled the incoming Trump administration about an elaborate “play book”  for dealing with a pandemic and had put in place a fully staffed pandemic response agency. The Trump administration ignored the plan and disbanded the agency.
If, as Mr. Trump claims, it was crucial to replenish supplies, why did he do nothing about it for three years despite repeated warnings from public health experts? Did he even open the cupboard?

Retired Judge Appointed In Flynn Case

In appointing former federal judge John Gleeson to present the facts and the law upholding the criminal conviction, by guilty plea, of Michael Flynn, Judge Emmet Sullivan acted judiciously and in the best interests of the rule of law. Attorney- General William Barr's unscrupulous abandonment of his duty to act as a fair-minded representative of the government's case made it necessary and appropriate for Judge Sullivan to appoint a public advocate. Now, Mr. Barr's corrupt and patently political intervention will be fully exposed and publicly aired.

Of course, this development has unhinged Sean Hannity, the chief media champion of Mr. Flynn and all things Trump. Mr. Hannity posted a large photograph of Judge Sullivan, who is black, as he attacked the Judge's action and motives, called him "idiotic", demanded that he recuse himself and declared him unfit to remain on the bench. This outrageously disrespectful and dangerous rant should be promptly condemned by Chief Justice John Roberts and by Mr. Hannity's employer, Fox News.