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THE AG's ROLE
Relevant NYS Constitutional &
Statutory Provisions
Public
Officers Law §17
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Attorney
General's Public Integrity Bureau Attorney General Appeals & Opinion Division *************************** O ctober 25, 2018"NY AG Candidate Questionnaire: Letitia James, Democrat, New York City Public Advocate" New York Law Journal (Dan Clark) How would you organize and staff the office and secure proper resources and authority to reflect your priorities? Should the powers of
the Attorney General’s Office be expanded? Are there any areas where the
tools afforded by the Legislature to the AG are too limited? Are there any
bureaus of the Attorney General’s Office that you think are currently
underutilized? ...doubling down on rooting out public corruption in Albany... We will both boost the resources dedicated to the “Operation Integrity” anti-corruption task force with the Comptroller’s Office and explore new ways to use existing powers under Executive Law 63(12), the False Claims Act, and the attorney general’s broad oversight of nonprofits to take on legislators, businesses, and charities involved in self-dealing. ...What is the proper scope of the attorney general’s
power to punish and deter public officials’ misconduct? Does the office need
broader grants of authority to stamp out corrupt practices in Albany? Yes. Unequivocally. When I am in office, I will
push the Legislature to give the attorney general original jurisdiction over
public corruption—but I won’t wait for them to act. I will explore creative
ways to use existing powers to tackle corruption, including beefing up the
“Operation Integrity” anti-corruption task force with the Comptroller’s
Office and using Executive Law 63(12), the False Claims Act, and the
attorney general’s oversight of nonprofits.
OTHER ARTICLES OF
INTEREST --
May 18, 2017
August 30, 2018
August 30, 2018
September 1, 2018 -------------------
May 21, 2018 https://law.justia.com/cases/new-york/other-courts/2013/2013-ny-slip-op-23366.html
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CJA's August 5, 2013 letter to the Commission
to Investigate Public Corruption --
"...concealing that
New York’s Attorney General has
always
had the power and duty to safeguard against public corruption was part of
the run-up to the creation of this Commission. For instance, this
April 18, 2013 news report:
'Attorney General Eric Schneiderman says he’d
love to have more authority to pursue public corruption cases, which even in
the face of recent scandals, no one is pushing to give him.
It appears that the Commission is also
concealing the Attorney General’s powers and duties by its website and
letterhead, wherein it calls itself 'Moreland Commission to Investigate
Public Corruption'. This is not
the Commission’s name. The Governor’s Executive Order #106 creating
the Commission could not be clearer in announcing that the Commission is 'to
be known as the Commission to Investigate Public Corruption' (at ¶I).
This is understandable as the Commission’s sweeping power to investigate
public corruption in all three government branches actually comes
not
from the Moreland Act (Executive Law §6), but Executive Law §63 pertaining
to the 'General duties' of the Attorney General [fn].
Tellingly, the Commission’s website
neither posts Executive
Order #106, nor Executive Law §6, nor Executive Law §63. Clear from Executive Law §63 is that the Attorney
General is an essential safeguard to ensuring governmental integrity in this
state. Is that essential safeguard functioning? Such must top
the Commission’s investigative agenda. Examining how
Attorney General Schneiderman and prior Attorneys General ACTUALLY discharge
their powers and duties under Executive Law §63 was the subject of a
proposal for scholarship embodied in a November 5, 2012 letter that I
personally delivered to Professor Briffault on that date at his comfortable
office at Columbia University Law School and which he personally received
from me, in hand. It identified that CJA, et al. v.
Cuomo, et al.
was the perfect case for such scholarship, that
it arose “from the official misconduct
of a succession of New York State Attorneys General – the most recent being
State Attorney General Eric Schneiderman, a named defendant.
(at p. 1); and that it is 'a powerful case study for explicating and
resolving critical issues at the core of the state attorney general’s
function' (at p. 3). The letter stated: 'CJA v. Cuomo
is illustrative of what happens time, after time, after time, at the
New
York State Attorney General’s office. Citizens turn to the Attorney
General with evidence of unlawful, if not unconstitutional, state government
action, which he ignores. This then burdens the citizens with taking
legal action as ‘private attorneys general’, suing the state and/or its
culpable officials and agencies – at which point the Attorney General
defends the state, etc. by dismissal motions, including dismissal motions
that are frauds on the court, being based on knowing falsification and
material omission of fact and law, thereupon granted by a biased and/or
self-interested judiciary. In such fashion,
our state’s highest law enforcement officer
functions not as a safeguard of government integrity and constitutional
governance, as he was intended to be – but as a perpetuator of governmental
corruption and abuse,… [Here
demonstrated is how the Attorney General’s] misfeasance, malfeasance, and
nonfeasance have facilitated an ongoing parade of horribles: (1) the brazen
theft of tens of millions of taxpayer dollars in fraudulent judicial pay
raises this year and over the next two years, in perpetuity: (2) an
unconstitutional court-controlled attorney disciplinary law, utilized to
retaliate against judicial whistle-blowing attorneys; (3) a corrupt
Commission on Judicial Conduct, dumping the very complaints the law requires
it to investigate; (4) violative and unconstitutional state judicial
selection processes, including to the Court of Appeals; (5) obliteration of
state remedies against official misconduct provided by Article 78 and
motions for judicial disqualification and disclosure. All are
chronicled, with substantiating documentary proof, by the CJA v. Cuomo
lawsuit record.' (at pp. 4-5, underlining in the original). Our follow-up January
24, 2013 letter further reinforced this scholarship proposal and identified
that CJA v. Cuomo establishes the necessity of crafting legislation
to not only rectify the perversions wrought in Executive Law §63, but for
developing 'a powerful qui tam statute to protect the People from the
Attorney General’s derelictions and misfeasance' (at p. 6). See CJA's referred-to:
November 5, 2012 letter-proposal --
"RE: (1)
Building Scholarship:
Assessing the Performance of State
Attorneys General in Ensuring Government Integrity & Constitutional
Governance
– Beginning with the New York State Attorney General and the case
Center for Judicial
Accountability, Inc., et al. v. Cuomo, et al. (NY Co. #401988/2012)
Click here for:
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CJA Ho
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