THE PEOPLE FIGHT BACK...

Intervening
on behalf of the People of the State of New York
& the Public Interest
for a Declaration
of Unconstitutionality, Etc.
vs Commission to Investigate Public Corruption

click here for:
Justice Schlesinger's letter
scheduling December 3rd oral argument -- 3 p.m.
 Supreme Court-New York County
60 Centre Street, Manhattan 10007 -- Room 222

PRESS RELEASE
from CJA Director Elena Sassower

 December 3rd Oral Argument
in the NYS Legislature's Declaratory Judgment Action
vs the Commission to Investigate Public Corruption 

On Wednesday, December 3rd,  at 3 p.m., Supreme Court Justice Alice Schlesinger will be holding oral argument in the declaratory judgment action brought by New York’s Legislature against the Commission to Investigate Public Corruption, in her courtroom, Room 222, Supreme Court, 60 Centre Street, Manhattan.  If she is true to the law and her oath of office, her decision will clean up New York’s corrupt government, once and for all.

Have you examined the record of the case?   

I did – and concluded that the reason Governor Cuomo shut down the Commission was because – based on the record – he was going to lose – and especially once the Legislature struck out his funding appropriation for the Commission in the budget for fiscal year 2014-2015.  Indeed, I concluded that the Legislature was entitled to summary judgment on the critical constitutional, separation of powers issues, but that a question existed as to whether the Senate and Assembly were actually parties and, further, that Temporary Senate Presidents Skelos and Klein and Assembly Speaker Silver had no standing to assert the separation of powers causes of action for the Senate and Assembly based on the true facts about the genesis of the Commission, concealed by their complaint.  That is why, on April 23, 2014, I brought an order to show cause to intervene as a plaintiff, on behalf of the People of the State of New York & the public interest – including for purposes of challenging that the declaratory action was mooted by the Governor’s shuttering of the Commission. 

Initially, Justice Schlesinger dismissed the declaratory judgment action as moot, denying intervention for that reason.  However, on June 17, 2014, I made a motion for reargument/renewal and vacatur for fraud.  It is this dynamite motion that Justice Schlesinger had the courage to schedule for oral argument.   

The record of the case is accessible from the hyperlinks below. 

Over and beyond reporting on the December 3rd oral argument, the state of the record in this far-reaching case warrants an investigative expose.   This includes as to the absence of ANY Senate and Assembly resolutions authorizing the declaratory judgment action and the absence of any Senate and Assembly contracts with ANY of the law firms for this or other litigations, and no approvals by the Comptroller – the consequence of which is that the plaintiffs are not properly plaintiffs and that the untold hundreds of thousands of taxpayer dollars paid to the law firms are illegal, if not unconstitutional, expenditures.   These are the explosive threshold issues, detailed and documented by my September 26, 2014 reply affidavit (at ¶¶2-3, 7-33) and by my September 26, 2014 reply memorandum of law (at pp. 1-2, 4-8), both in further support of my June 17, 2014 reargument/vacatur for fraud motion, directly accessible here:  June 17, 2014 MOTION FOR REARGUMENT/RENEWAL, VACATUR & OTHER RELIEF .  Surely, you can easily turn to constitutional scholars and legal experts to assist with the record analysis. 

Please share this e-mail with your editors and fellow journalists. This is a MAJOR STORY, whose ramifications reach to U.S. Attorneys Preet Bharara and Loretta Lynch – and, as to the latter, establish her unfitness for the office of U.S. Attorney General, to which I have already alerted the U.S. Senate Judiciary Committee.   The Commission invited both these U.S. Attorneys to be its honored opening witnesses at its September 17, 2013 public hearing in Manhattan –  and then and thereafter covered up the documentary and testimonial evidence before it of their collusion in systemic corruption of NYS  government, involving the highest public officers of all three government branches.  This is particularized by my April 23, 2014 affidavit in support of my order to show cause to intervene (at ¶¶62, 65, 73-75) and by my April 23, 2014 proposed verified complaint (at ¶¶24-25, 29, 59, 66, 71, 93, 99, 123, 124).  Here’s the direct link to the webpage for those documents – on which, additionally, is a link to the September 17, 2013 public hearing: April 23, 2014 ORDER TO SHOW CAUSE

I am available to be interviewed and to answer your questions, anytime – and I am reachable by e-mail (elena@judgewatch.org), phone (914-421-1200); cell & text (646-220-7987). 

Thank you. 

Elena Sassower, Director
Center for Judicial Accountability, Inc. (CJA)

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