Squadron Leaves Voters in the Lurch + Brooklyn DA Race

Local News

• Mayor De Blasio has proposed a “millionaires tax” to  fund improvements to the subway system. The proposal is being interpreted as both a maneuver against Governor Cuomo, who would have veto power over the plan in Albany, and an attempt to avoid criticism from the left over the Mayor’s failure to support a “Fair Fares” bill, which would provide discounted MetroCards to lower income New Yorkers. Republican State Senators made it clear that they would be unlikely to support the Mayor’s proposal.
• Four of the five NYC District Attorneys (not Staten Island) dismissed 644,000 open summonses on years-old violations.
• The non-profit Anti-Discrimination Center is suing Mayor de Blasio, charging that an affordable housing policy known as “community preference” reinforces segregation. De Blasio is attempting to keep secret a report on the racial breakdown of affordable housing lotteries and bar questioning of Deputy Mayor Alicia Glen.
• City Limits takes a deep dive into Mayor de Blasio’s affordable housing plan, arguing that the preservation component of the plan is largely overlooked.
• Governor Cuomo is reportedly exploring congestion pricing — a tolling mechanism on congested downtown streets and East River bridges — as a means of funding the MTA.
• Drug policy experts object to the Mayor’s plan to combat opioid use with an increase in police funding.
• A formal bill (Int 1652) has been introduced to the City Council by Council Member Rafael Espinal (D-Bushwick, East New York) to repeal the 1926 Cabaret Law that bans social dancing.

Elections

• Daniel Squadron, State Senator for New York’s 26th District (Lower Manhattan, Brooklyn), made a surprise resignation announcement on Wednesday. In an op-ed published in the Daily News, Squadron cited corruption and a growing political divide as key reasons for his departure. Squadron also referenced plans to start an organization aimed at bringing change on a national level, but did not offer details. Assemblyman Brian Kavanagh (D-Manhattan) announced he will be running in November’s special election to fill the seat, and Assemblywoman Yuh-Line Niou is also rumored to be running. But the nominee will be chosen by Democratic Party bosses, not voters, in an all-too-common feature of NYC politics.
• The Mayor is quietly helping Council Member Laurie Cumbo (District 35, Crown Heights) in her re-election campaign in Crown Heights by urging union endorsement and arranging volunteer support and operational advice. And Rep. Hakeem Jeffries, whose congressional district includes District 35, has endorsed Cumbo in her Democratic Primary for City Council. Cumbo’s actions on the Bedford-Union Armory featured heavily in Jeffries endorsement.
• Sal Albanese has raised and spent enough money to officially qualify for the mayoral primary debates.
• In an interesting twist of fate, Republican Mayoral candidate Nicole Malliotakis will likely not receive matching funds from the Campaign Finance Board through the September primary due to all potential opponents either dropping out or being removed from the race after challenges from Malliotakis supporters.
• Voter registration deadlines are swiftly approaching. The deadline to register to vote for the September 12th primaries is August 18th (it is unfortunately too late for already registered voters to change party affiliations to vote in a specific party’s primary). The deadline to register for the November 7th general election is October 13th. Further information can be found here.

In-Depth: The Brooklyn DA Race

There will be seven names on the ballot for the Brooklyn DA in the upcoming Democratic primary, but one name that won’t be on it may be the most important. Ken Thompson, who died suddenly last October after only 33 months in office, casts a long shadow over the race, with all seven candidates championing his legacy. When Thompson defeated Charles Hynes in 2013, he became the first candidate to unseat an incumbent Brooklyn DA in over a century, and he did so with an explicitly reformist message. Hynes, who held the office for 24 years, was known for corruption, including politically-motivated prosecutionsand alleged embezzlement, and Thompson was seen as a refreshing alternative.

Thompson still drew criticism in the role, particularly for his decision not to seek jail time in the case of Peter Liang, the NYPD officer who killed Akai Gurley in 2014. However, Thompson established a reformist reputation following Hynes’ despicable tenure thanks to accomplishments in vacating wrongful convictionsand clearing outstanding warrants. All seven candidates this fall claim to be Thompson-esque reformers, despite almost all working for Hynes at various times in their career.

Eric Gonzalez, the frontrunner in the race, has perhaps the most obvious connection to Thompson. He was Thompson’s designated successor, serving in the role since October, and as a result has received most of the endorsements from the City’s mainstream Democratic figures. He has touted his role in Thompson’s Conviction Review Unit, as well as the steps he has taken to protect undocumented New Yorkers under Trump. Nevertheless, Gonzalez has spent his entire career in the Brooklyn DA office, which has some wary of his “reform” credentials. And he has stopped short of calling for the elimination of cash bail for low-level offenses.

Ama Dwimoh, one of the challengers in the race, also worked in the Brooklyn DA’s office for 21 years, all under Hynes (who suspended her for being mean to interns), but is similarly claiming to be a reformer. She currently works for Brooklyn Borough President Eric Adams, and she has called for reforms to prevent prosecutorial misconduct, including holding prosecutors accountable for wrongful convictions. While under Hynes, she served as chief of the Crimes Against Children Bureau, and has made support for the Child Victims Act a centerpiece of her campaign.

Marc Fliedner has been perhaps the most vocal critic of the Brooklyn DA’s office, resigning last year after claiming that Thompson had “lost focus” and inserted political operatives into legal decisions. Fliedner also prosecuted Liang and his partner, as well as other cops accused of wrongdoing, and has been endorsed by Akai Gurley’s family. He’s also accused Gonzalez of refusing to pursue casesagainst the NYPD. Along with Dwimoh and two other challengers, Fliedner has advocated eliminating cash bail in cases where the DA doesn’t seek jail time. Fliedner would also be the first openly gay Brooklyn DA.

Patricia Gatling left the Brooklyn DA’s office in 2002 to serve as chair of Mayor Bloomberg’s Commission on Human Rights—a position she was removed from in 2015 after Public Advocate Letitia James called the agency “moribund.” Gatling has also championed reform as part of her candidacy, calling for the end of cash bail for low level offenses, but her ties to the Bloomberg Administration and the legacy of stop-and-frisk may dog her candidacy. She also lived in Manhattan for the last 18 years, only changing her residency to Brooklyn in December.

Vincent Gentile, City Councilmember from District 43 (Bay Ridge), is the only candidate who’s never worked in the Brooklyn DA’s office. While he did work in the Queens DA’s office before being elected to the State Senate and then City Council, he has characterized himself as Thompson’s true heir because he is the only one who never worked under Hynes (Gentile endorsed Hynes in 2013). Despite his conservative voting record while in the State Senate and on City Council (he opposed the Community Safety Act, for example), he’s highlighted his support for the Right to Know Act as a credential in the DA race.

Anne Swern, who left the DA’s office to work for Brooklyn Defender Services, has touted her experience with treatment courts, including time at the head of the Drug Treatment Alternative-to-Prison Program. Citing the recently-signed “Raise the Age” bill, Swern sees more opportunities for such courts, as alternatives to more punitive measures. She has also criticized Gonzalez for continuing to prosecute marijuana cases.

John Gangemi is a longshot candidate. A 78-year-old former Republican and fan of Nelson Rockefeller, Gangemi has practiced law in Bay Ridge since 1970. He previously served on the City Council, and challenged Eric Adams for Brooklyn Borough President in 2013.

Overall, the Brooklyn DA race showcases the state of criminal justice reform in New York City and around the country, with candidates tripping over themselves to be seen as reformers, but with few truly bold ideas or candidates outside the traditional breeding ground of prosecutors’ offices. That every candidate in the race echoes Thompson, yet they cannot even agree on policy changes as modest ending cash bail for minor offenses, or ending criminal prosecutions for marijuana possession, shows that the terms of debate have changed far more than actual policies have.