Aboushi, Tahanie

Subterms

    Latest story

    100 Shares159 Views

    Here Are the Democrats Running for Manhattan D.A.

    by

    Eight candidates are vying to take over the country’s largest local prosecutor’s office. The winner will inherit a potential Trump investigation.Eight Democrats are running to replace Cyrus Vance Jr. as Manhattan district attorney, jockeying to lead one of the most well-known and influential local prosecutor’s offices in the country at a time when views of the criminal justice system have shifted. The office is home to many high-profile investigations, including the ongoing inquiry into former President Donald J. Trump and his family business.The contenders — five of whom have been prosecutors before and three of whom have not — mostly agree on a basic tenet: The office needs to change. But they are divided over just how far they would push reform efforts. Polling in the race has been sparse, but a recent survey found that the fund-raising leaders, Tali Farhadian Weinstein and Alvin Bragg, are tied with the most support. Because the district attorney is a state election rather than a municipal one, voting will not be ranked choice, as it is in the citywide elections, and voters will select only one candidate.Here’s a list of the candidates with details on their vision for the office.Tahanie Aboushi, 35HarlemKisha BariMs. Aboushi’s candidacy is informed by her experience as a young teenager seeing her father convicted on federal conspiracy charges and sentenced to prison for more than two decades. As a result of that ordeal and its effect on her family, Ms. Aboushi says she has insight into the perspective of those who are and will be prosecuted by the office she hopes to lead, a striking approach in a prosecutorial race. In a race filled with calls for reform, Ms. Aboushi is the candidate most consistently focused on the system itself and on making it less punitive. She has pledged to cut the office by at least half, and she has stressed the need for alternatives to incarceration wherever possible. Alvin Bragg, 47HarlemMr. Bragg, a lifelong resident of Harlem, has called for a balanced approach between civil rights and public safety. A graduate of Harvard Law School, he peppers his public appearances with stories about his personal life, frequently focusing on his and his family’s fraught encounters with the criminal justice system.He said he first thought about being a prosecutor while clerking for a federal judge and seeing the way prosecutors could protect the public through major investigations. After serving as a civil rights lawyer, Mr. Bragg became a federal prosecutor, focusing on issues like police misconduct and public corruption. He led a unit in the New York attorney general’s office that investigated police killings of unarmed civilians, and later became a chief deputy state attorney general.Liz Crotty, 50Union SquareLiz Crotty for Manhattan District Attorney“I bring a breath of reality to the race,” Ms. Crotty said in an interview. The longtime resident of Lower Manhattan is the most traditional candidate in the race, more focused on public safety than on reform. That puts her out of step with most of her colleagues, who have campaigned in large part on the racial biases in the criminal justice system. While she acknowledges that such biases exist, Ms. Crotty has said that rather than directing the office to stop prosecuting entire categories of crime, she would assess matters on a case-by-case basis. She has been endorsed by multiple police unions.Ms. Crotty, who worked in the Manhattan district attorney’s office under Mr. Vance’s predecessor, Robert M. Morgenthau, has also pledged to strengthen the office’s investigations of white-collar crime.Tali Farhadian Weinstein, 45Upper East SideTali Farhadian Weinstein for Manhattan District AttorneyA Rhodes scholar, Ms. Farhadian Weinstein has a sterling résumé, having clerked for Merrick B. Garland (now the U.S. attorney general) and Justice Sandra Day O’Connor. She was also a lawyer for Eric Holder, when he was U.S. attorney general, and she later worked as a federal prosecutor.Ms. Farhadian Weinstein has raised more money than any of her competitors, including $8.2 million she gave to her own campaign. Early in the race, she frequently spoke about reform. But in recent months, she has been more direct in describing her plans for prosecution and has placed more emphasis on public safety. She said in an interview that there was one question that prosecutors should always ask themselves: “Is my intervention as an actor in the criminal justice system increasing public safety or not?”Diana Florence, 50Kips BayDiana Florence for Manhattan DAMs. Florence, a veteran of the Manhattan district attorney’s office, where she worked for 25 years, has spent much of her career prosecuting fraud and corruption cases. As the head of Mr. Vance’s Construction Fraud Task Force, she led cases involving worker deaths and wage theft. She has significant labor backing, with the endorsement of 20 unions.There is a shadow over Ms. Florence’s campaign. In 2020, she resigned from the office after a judge found that she had withheld evidence from defense lawyers in a major bribery case, which constitutes an ethics violation. A spokeswoman for Ms. Florence’s campaign has said the candidate has taken “full responsibility” for the mistake.Lucy Lang, 40HarlemNate BurdineMs. Lang, another veteran of Mr. Vance’s office, is the most policy-forward candidate in the race. She has released the outlines of her approach to dozens of issues, including hate crimes, police accountability and tenants’ rights. She has also emphasized her prosecutorial experience, including her investigation of a drug ring in East Harlem.A granddaughter of the philanthropist Eugene Lang, Ms. Lang became the director of the Institute for Innovation in Prosecution at John Jay College in 2018. In her view, prosecution should take a holistic view of the communities affected by crime: In East Harlem, for instance, she worked with a coalition of different groups — including the police and tenants — to revitalize the area and make it more welcoming to children.Eliza Orlins, 38ChelseaJuan Patino PhotographyThe views of Ms. Orlins (a two-time contestant on “Survivor”) were shaped by her decade working as a public defender. She sees the criminal justice system as racist, cruel and unjust, with outcomes that favor the rich and powerful, and has said she would work to “dismantle” it. She has pledged to cut the office in half, and to re-interview everyone working as a prosecutor there to ensure that their views align with her own.Ms. Orlins has said she would stop the prosecution of all but a handful of misdemeanors and redirect the office’s attention toward white-collar crime. She has also been politically outspoken on Twitter, speaking publicly against powerful figures like Mr. Trump and Gov. Andrew M. Cuomo.Dan Quart, 49Upper East SideDan Quart for Manhattan DAMr. Quart, a longtime state assemblyman, is the only candidate in the race with political experience. He has cited his record pushing for police accountability in the Legislature as evidence that he will be an effective reformer. “There’s no guesswork with me,” he said in an interview. “My 10 years in the Legislature should demonstrate to anyone who really wants reform in this office that I’ll be committed to it.”Though his progressive views are similar to those of Ms. Aboushi and Ms. Orlins, he has billed himself as the most pragmatic candidate on the race’s reformist wing. For instance, he has not pledged to cut the size of the office in half because, he said, it would be an unrealistic promise given the realities of the budget process. More

    More stories

    • 150 Shares99 Views

      in Elections

      In the Manhattan D.A. Race, Arguing for a Fresh Point of View

      by

      [Want to get New York Today by email? Here’s the sign-up.]It’s Tuesday. Weather: Clearing as the day goes on, but periods of showers or storms. High around 80. Alternate-side parking: In effect until Saturday (Juneteenth). Sarah Blesener for The New York TimesOne of the candidates for Manhattan district attorney, Eliza Orlins, has been a public defender for at least a decade. Another candidate, Tahanie Aboushi (above, center), has been a civil rights lawyer. A third candidate, Dan Quart, is a state assemblyman.None of the three has any experience being a prosecutor. And that, they say, is a good thing.Ms. Orlins, Ms. Aboushi and Mr. Quart have argued that true change in the criminal justice system — making it less punitive, for example, or less racist — can only come from someone who hasn’t been tainted by the establishment.But they are having trouble raising money, and distinguishing themselves from one another and even other candidates with prosecutorial backgrounds.[Over the past 45 years, the two men who have led the Manhattan district attorney’s office have come from the establishment. Some candidates say such experience is a bad thing.]The raceThere are eight Democratic candidates vying to replace Cyrus R. Vance Jr., the district attorney, who is not running for re-election. Aside from Ms. Orlins, Ms. Aboushi and Mr. Quart, they are all former prosecutors.Among the leading candidates, Alvin Bragg has been a prosecutor in the state attorney general’s office, and Tali Farhadian Weinstein has been a federal prosecutor and general counsel for the Brooklyn district attorney’s office.Mr. Bragg has pledged to reform the Manhattan district attorney’s office, saying he will work on reducing the number of people behind bars, create a unit to investigate police misconduct and overhaul the sex crimes unit. While Ms. Weinstein has staked out more moderate positions than other candidates, she has championed changes including forming a specialized unit to address gender-based violence.The outsider candidatesMs. Orlins and Ms. Aboushi have both said they will cut the size of the district attorney’s office in half and decline to prosecute many low-level crimes.Ms. Orlins has also spoken in favor of decriminalizing the buying and selling of sex. (Mr. Vance stopped prosecuting prostitution this spring.)Mr. Quart has taken a more moderate position and recently emphasized his commitment to public safety.From The TimesIs Bill de Blasio Secretly Backing Eric Adams for Mayor?Adams Attacks Garcia as Poll Shows They Lead Mayoral FieldYou Can’t Find a Cab. Uber Prices Are Soaring. Here’s Why.A Brooklyn Landmark Holds Its Head High Again‘C Is for Code Switching’ and Other LessonsWant more news? Check out our full coverage.The Mini Crossword: Here is today’s puzzle.What we’re readingA dead black bear with a large open wound was found in a parking lot on Staten Island, which has no known population of wild bears. [ABC 7]People who had been moved from homeless shelters into hotels during the pandemic are protesting a return to the status quo. [Gothamist]Eight years after Maya Wiley was tapped by Mayor Bill de Blasio to bring broadband to low-income neighborhoods, the program is still struggling. [The City]And finally: A trove of art in a humble apartmentThe Times’s Sandra E. Garcia reports:Observers of the art market have referred to the rising demand for work by contemporary African American artists in recent years as, among other things, a “furor” or “surging,” and the work itself as “a hot commodity.” Ten years ago, it was relatively rare to see a Black artist’s work set a record at auction.Now, such sales are routine, boosted by numerous high-profile lots, perhaps most famously Kerry James Marshall’s 1997 painting “Past Times” (purchased by the rapper and music producer Sean Combs for $21.1 million at a Sotheby’s sale in 2018) and, more recently, Jean Michel-Basquiat’s “In This Case” (1983), which sold at Christie’s in May for $93.1 million — an astronomical price, but still only the second-highest ever paid for a Basquiat.Given the hype surrounding such figures, it’s surprising that one of the more interesting collections of contemporary African American art is housed inside a fairly humble Manhattan two-bedroom apartment on Madison Avenue.It belongs to Alvin Hall, 68, a broadcaster, financial educator and author who, through good timing, taste and a bit of luck began collecting in the 1980s and has been able to buy masterpieces by artists whose work is now worth much more. At a time when art — and Black art in particular — has been inflated and commodified to the point of a quasi bank transaction, Hall is a model of best practices for non-billionaires hoping to amass a world-class collection. His apartment also illustrates some of the realities of how to live with art when you only have a minimal amount of space: He owns 377 works, 342 of which are in storage.It’s Tuesday — stop and look.Metropolitan Diary: Hardware Dear Diary:Walking up University Place toward Union Square, I saw a man coming out of a hardware store.As I walked by, a gray-haired woman holding a dog approached the man and asked whether he worked there.He tapped a cigarette out of a pack and nodded.“If I brought in a machete,” she said, “Could you sharpen it?”— Cindy AugustineNew York Today is published weekdays around 6 a.m. Sign up here to get it by email. You can also find it at nytoday.com.What would you like to see more (or less) of? Email us: nytoday@nytimes.com More

    • 125 Shares129 Views

      in Elections

      No Prosecutorial Experience? These D.A. Candidates Say That’s an Asset.

      by

      Tahanie Aboushi, Eliza Orlins and Dan Quart are running behind a broad rethinking of how the criminal justice system should work.The only two men who have led the Manhattan district attorney’s office over the last 45 years were scions of the establishment, leading the country’s most prominent local prosecutor’s office with a traditional emphasis on fighting crime.Yet Eliza Orlins, Tahanie Aboushi and Dan Quart, three candidates running to be the next district attorney, have consistently argued that if voters want the criminal justice system to change, they should be wary of anyone who has ties to the establishment — or any experience at all as a prosecutor.In cities around the country, a wave of prosecutorial candidates has won elections by pledging to do less harm to defendants who commit low-level crimes. The nonprosecutorial candidates in Manhattan have taken up that argument, and advanced it, adding that only a leader whose perspective is unblemished by a history of putting people behind bars can make the system less punitive and less racist.But with a week to go in the race, the trio of candidates have lagged in the fund-raising battle and in available surveys. They have had a hard time distinguishing themselves from one another, and from former prosecutors like Alvin Bragg and Lucy Lang, who have also pledged to help end mass incarceration while arguing that their experience will help them enact change.Some observers say that the trio’s unilateral criticism of prosecutors has been detrimental to the public’s understanding of the race. Zephyr Teachout, the anticorruption activist, has said that just because Mr. Bragg, whom she has endorsed, has been a prosecutor does not mean that he is not a reformer.“Some people want to say basically that if you’re a prosecutor you have no business here,” said Ms. Teachout. “This is just nonsense.”All three candidates have sought to claim the mantle of one of the country’s most prominent progressive prosecutors, Larry Krasner, who when he was first elected Philadelphia district attorney in 2017, had never charged anyone with a crime.But many of Mr. Krasner’s peers around the country who are considered progressive prosecutors — Kim Foxx in Chicago, Rachael Rollins in Boston, George Gascón in Los Angeles and others — had experience charging crimes before they were elected.Miriam Krinsky, the executive director of Fair and Just Prosecution, an organization that calls for shrinking the criminal-legal system and increasing transparency, accountability, and fairness, said in an interview that it had become increasingly common for those without any experience to be elected as prosecutors. She cautioned against drawing hard rules about candidates’ past experiences, no matter what they were.“Just as I would be reluctant to embrace the view that you have to have prosecutorial experience to run a prosecutor’s office, I similarly would reject the view that you can’t achieve reform and run a reform prosecutor’s office if you have been a prosecutor,” she said. “It’s the person. It’s their philosophy. It’s their vision that we should look at.”‘Rage at Injustice’Eliza Orlins has said she would halve the size of the office she is seeking to lead. Sarah Blesener for The New York TimesMs. Orlins, 38, has more criminal courtroom experience than Ms. Aboushi and Mr. Quart. A celebrity on Twitter thanks in part to her appearances on the show “Survivor,” she has been a public defender for the last decade.Born and raised on the Upper East Side of New York with stints in Hong Kong and Washington, D.C., Ms. Orlins has wanted to be a lawyer since she was a small child. She went to Fordham Law School, graduating in 2008, and joined Legal Aid as a staff attorney the following year.In her early years with the organization, she said, she was appalled at the machinery of the criminal justice system, which she saw as harshly punitive, particularly toward Black people. Her perspective has not changed.“I’m fueled by rage at injustice,” she said in an interview. “People say you can’t be motivated by anger and I’m like, ‘Oh yeah? Watch me.’”Starting in 2016, Ms. Orlins began to vent that anger at Donald J. Trump, then a candidate for president and now a subject of a major investigation within the district attorney’s office. “I DETEST TRUMP!!!!!!!!” she wrote on Twitter in March of that year.She blasted his supporters online, too, and in October 2016 dressed up as one of them for Halloween, complete with a red Trump campaign hat that she embellished so that it said “Make America White Again.” In August of last year, when she had already announced her campaign, she tweeted threateningly at Ivanka Trump.Asked about her tweets, Ms. Orlins has said that she does not regret them and will evaluate evidence against the Trump family without prejudice. But legal ethicists have said that her past statements could threaten Ms. Orlins’s ability to lead any potential prosecution of Mr. Trump were she to be elected.She has vowed to cut the district attorney’s office in half and said that she would decline to prosecute the vast majority of misdemeanors. She has been particularly outspoken about decriminalizing certain forms of sex work: When the district attorney’s office recently announced it would stop prosecuting prostitution, Ms. Orlins took partial credit for pushing them on the issue.She was narrowly supported by the Working Families Party chapter in Manhattan. But Ms. Aboushi won the group’s overall endorsement, which carries significant weight in New York, although arguably less in Manhattan than other boroughs.A Life TransformedTahanie Aboushi has said she would stop prosecuting certain low-level crimes.Sarah Blesener for The New York TimesMs. Aboushi grew up in the Sunset Park neighborhood of Brooklyn, the sixth of ten siblings. When she was 13, her father was found guilty on federal conspiracy charges. Two years later, he was sentenced to 22 years in prison. Ms. Aboushi said that his conviction grants her an understanding of the justice system that other candidates do not share.“You try not to be defined by that, but it’s literally the center of your world,” she said.She sped through high school and college, and was 20 when she started law school at Syracuse University. She graduated in 2009 and a year later, started her own law firm.Through her firm, Ms. Aboushi has taken on more than two dozen civil rights cases. In 2012, she sued the New York Police Department for making a teenage girl take her hijab off after she was arrested. The suit eventually compelled a shift in the Police Department’s patrol guide. She also successfully sued the Fire Department on behalf of Black firefighters in 2018.Like Ms. Orlins, Ms. Aboushi has said she would cut the district attorney’s office in half and decline to prosecute a number of low-level crimes. Along with the Working Families Party, she has been endorsed by well-known local progressives including Cynthia Nixon and Jumaane Williams, as well as Senator Bernie Sanders of Vermont.Former prosecutors have expressed frustration with Ms. Aboushi, who has never tried a criminal case, for the way she has characterized her father’s prosecution. They say that because he was convicted on multiple counts related to leading a violent truck hijacking ring and never claimed the conviction had been wrongful, it was misleading for Ms. Aboushi to suggest he was a victim of injustice.“If you look at the evidence presented in the trial and the charges of which he was convicted, it was a very serious case,” said Daniel R. Alonso, who worked in the prosecutors’ office that charged Mr. Aboushi but was not involved in the case.Ms. Aboushi said recently that she had never asked her father whether he was involved in a conspiracy but that she knew him to be innocent.“It’s not a conversation that we have to have,” she said.The AssemblymanDan Quart has emphasized his commitment to public safety in recent weeks.Sarah Blesener for The New York TimesMr. Quart, 49, is the only white man running as a Democrat to lead an office that has only ever been led by white men. He is also the only candidate who has been charged with a crime, for smoking weed at a Phish concert in 1995.He grew up in Washington Heights and graduated from the law school at St. John’s University in 1997. In 2000, he caught the politics bug after helping a friend with an unsuccessful State Senate campaign. Eleven years later, he won a seat in the State Assembly that he has held since.Shortly after taking office, he was told by a constituent that young people were being arrested by the thousands for possessing small blades known as gravity knives. Mr. Quart took the issue on, and after seven years of fighting for it, the bill that criminalized the possession of such knives was repealed.Mr. Quart has not picked up many flashy endorsements like Ms. Aboushi, nor does he have the visible online support of Ms. Orlins. But he has been endorsed by a number of elected officials from Manhattan, as well as several Democratic clubs. He argues that his name recognition and proven support on the Upper East Side is a greater asset than Ms. Orlins’s Twitter army or Ms. Aboushi’s political allies.The most moderate of the trio, he has emphasized his commitment to public safety in recent weeks. Mr. Quart has limited experience in the criminal courtroom, something that his opponents have used against him.“There is no world in which he is qualified to be D.A.” Ms. Orlins said. “He shows such a deep misunderstanding of the law.”A campaign spokeswoman, Kate Smart, disagreed, making reference to Mr. Quart’s work in the Assembly.His “deep knowledge of the law helped him write and pass the only two changes to New York’s penal code in the past two decades,” she said. More

    • 200 Shares159 Views

      in Elections

      A Trump Case Awaits the Next Manhattan DA. Who Is the Best Prosecutor for the Job?

      by

      Some candidates for Manhattan’s district attorney are agents of change who want to cut the police budget. Others are very comfortable with long-established established power networks.During its 20 year run, “Law & Order” cast five different actors in the role of Manhattan district attorney, a rate of turnover that feels like science fiction given that, in reality, four people have been elected to the office in 83 years. For the past 46 of them, the position, one of the most important prosecutorial posts in the country, has been held by two people, each an aristocrat born to a political dynasty: First, Robert M. Morgenthau, son of Henry Morgenthau Jr., who served as treasury secretary under two presidents (and who was himself the son of the United States ambassador to the Ottoman Empire); and since 2010, Cy Vance, son of the former secretary of state for whom he is named.In three weeks, Manhattanites will have the opportunity to vote for someone new at a pivotal moment in the history of race and social reform, during a period when leading prosecutors around the country — in Philadelphia, San Francisco, Chicago, Boston — have been on the vanguard of the movement to reduce incarceration. The stakes would suggest a certain amount of heat, but engagement with the election has been strikingly low. In a recent poll of likely Democratic voters living in Manhattan, 44 percent said that they did not know whom they would vote for among the eight available D.A. candidates.The contender who has received the most attention is the one who has spent the most money to get it. Tali Farhadian Weinstein, a highly qualified prosecutor, leads the field in two areas: financing, having raised close to $4.5 million, an astonishing sum for a race of this kind, and the elite credentials that often make that possible. A graduate of Yale and Yale Law School, a Rhodes scholar who clerked for Merrick B. Garland and Sandra Day O’Connor, Ms. Farhadian Weinstein has been, among other things, a chief adviser to Eric Gonzalez, the Brooklyn district attorney known for his reform work around bail, juvenile justice and diverting low-level drug offenders from the prison system.With the exception of Elizabeth Crotty, who is running a campaign so traditionally focused on public safety that police unions can’t stop endorsing her, everyone else has produced a platform that lands somewhere along the spectrum of a contemporary progressive mandate. (There is a single Republican candidate, Thomas Kenniff, but Manhattan has not elected a Republican D.A. since Thomas E. Dewey in 1937.)The issue with Ms. Farhadian Weinstein is not that she lacks the sensitivities this particular moment is calling for; rather, she offers no break in the long and dubious tradition of handing the office over to those who live at the top of an intricately knit network of wealth and power, far from the ordinary realities.The wife of hedge-fund manager Boaz Weinstein, with whom she bought a $25.5 million Fifth Avenue apartment formerly belonging to the copper heiress Huguette Clark, Ms. Farhadian Weinstein has raised tens of thousands of dollars from her husband’s friends and colleagues on Wall Street. (Among them is the billionaire Ken Griffin, who built his own stunning relationship to New York real estate when he bought a condominium on Central Park South for $238 million, at the time the most expensive home ever sold in the United States.)Throughout her campaign, Ms. Farhadian Weinstein has argued that none of these connections would impede her judgment, that she would prosecute financial crime fearlessly. When asked in a debate earlier this month about whether she would recuse herself from prosecuting cases involving donors to her campaign, she said that she would not. But what about all the other potential conflicts — and appearances of conflict — that could arise from her position as the spouse of a famous and hugely successful investor? When you elect a gifted lawyer to run an influential office, the hope is that she’ll be available, game in hand, to advise on the biggest and most sensational cases.The chief criticism of the Vance era is that his office kowtowed to the moneyed class over and over. It laid bare the danger that comes from intimacy with the opposition and revealed the high costs of recusal. A decade ago, for instance, when Dominique Strauss-Kahn, the former managing director of the International Monetary Fund, was arrested on charges of sexually assaulting a housekeeper in a Midtown hotel, he retained the counsel of Marc Agnifilo. As it happened, the lawyer was married to someone high up in Mr. Vance’s office — the chief of the trial division, who ordinarily would have supervised the case.Given that Karen Friedman Agnifilo had a lot of experience in sex crimes, her involvement would have been invaluable. Instead she was forced to tuck herself away. Eventually the charges against Mr. Strauss-Kahn were dismissed under a case that famously collapsed. During the preceding 18 months, the Agnifilos had found themselves in similarly entangled situations two dozen times.In his acclaimed 2017 book, “The Chickenshit Club,” the Pulitzer Prize winning journalist Jesse Eisinger begins with the question of how it came to pass that virtually no one was prosecuted in regard to the 2008 financial crisis. He determines that a growing sense of coziness and collusion between the business and legal professions, emergent since the beginning of the current century, have limited both the ability and commitment of prosecutors to tackle corporations and the people who run them. Several years ago, Eric Holder, who has endorsed Ms. Farhadian Weinstein (she worked for him in the Obama Justice Department), briefly embraced the idea that certain banks are “too big to jail.”Tahanie Aboushi, a civil rights lawyer who is essentially a dismantlist, sits at a very different end of the continuum. She is in favor of cutting the budget of the police department by 50 percent, and her antipathy to incarceration extends to a refusal to prosecute a long list of offenses, including harassment in the second degree, which, as Ms. Farhadian Weinstein astutely pointed out in the most recent debate, would include shoving a person on a subway platform out of bias.Even the Five Boro Defenders, a group of lawyers and social justice advocates deeply sympathetic to Ms. Aboushi’s worldview, pointed out in their voting guide that they found it “concerning” that “she frequently lacked a clear understanding or vision” for accomplishing her objectives. Some opposed to Ms. Aboushi’s approach resent her inclusion in a race that they worry could detract from the other leading progressive, Alvin Bragg, the only Black candidate in the field. Nonetheless, Ms. Aboushi has the support of the influential Working Families Party.A native of Harlem, the son of a math teacher and a father who worked in social welfare, Mr. Bragg has a long and impressive résumé, having served as a federal prosecutor under Preet Bharara (who has endorsed him) and in various top positions in the state attorney general’s office. There he oversaw an investigation into the Police Department’s stop-and-frisk program and found that only one-tenth of 1 percent of stops, over a period of three years, resulted in convictions for a violent crime. He also worked to repeal 50-a, the law that shielded the misbehaviors of the police from the public for so long.“The thing about Alvin is that you don’t have to worry about his sincerity as a reformer,” Zephyr Teachout, the legal scholar who challenged Gov. Andrew M. Cuomo from the left in the Democratic primary six years ago. “He has done the work.”Whoever becomes the next D.A. will inherit the case against the Trump Organization and all the major legacy potential that comes along with it. In the eyes of many New Yorkers, Manhattan’s next district attorney will either be the one to finally bring Donald Trump to account — or be remembered as the one who failed to do so. For the moment at least, there is no evidence that anyone running would need to back away from the challenge of that. More

    • 150 Shares179 Views

      in Elections

      A Trump Case Awaits. Who Is the Best Prosecutor for the Job?

      by

      Some candidates for Manhattan’s district attorney are agents of change who want to cut the police budget. Others are very comfortable with long-established established power networks.During its 20 year run, “Law & Order” cast five different actors in the role of Manhattan district attorney, a rate of turnover that feels like science fiction given that, in reality, four people have been elected to the office in 83 years. For the past 46 of them, the position, one of the most important prosecutorial posts in the country, has been held by two people, each an aristocrat born to a political dynasty: First, Robert M. Morgenthau, son of Henry Morgenthau Jr., who served as treasury secretary under two presidents (and who was himself the son of the United States ambassador to the Ottoman Empire); and since 2010, Cy Vance, son of the former secretary of state for whom he is named.In three weeks, Manhattanites will have the opportunity to vote for someone new at a pivotal moment in the history of race and social reform, during a period when leading prosecutors around the country — in Philadelphia, San Francisco, Chicago, Boston — have been on the vanguard of the movement to reduce incarceration. The stakes would suggest a certain amount of heat, but engagement with the election has been strikingly low. In a recent poll of likely Democratic voters living in Manhattan, 44 percent said that they did not know whom they would vote for among the eight available D.A. candidates.The contender who has received the most attention is the one who has spent the most money to get it. Tali Farhadian Weinstein, a highly qualified prosecutor, leads the field in two areas: financing, having raised close to $4.5 million, an astonishing sum for a race of this kind, and the elite credentials that often make that possible. A graduate of Yale and Yale Law School, a Rhodes scholar who clerked for Merrick B. Garland and Sandra Day O’Connor, Ms. Farhadian Weinstein has been, among other things, a chief adviser to Eric Gonzalez, the Brooklyn district attorney known for his reform work around bail, juvenile justice and diverting low-level drug offenders from the prison system.With the exception of Elizabeth Crotty, who is running a campaign so traditionally focused on public safety that police unions can’t stop endorsing her, everyone else has produced a platform that lands somewhere along the spectrum of a contemporary progressive mandate. (There is a single Republican candidate, Thomas Kenniff, but Manhattan has not elected a Republican D.A. since Thomas E. Dewey in 1937.)The issue with Ms. Farhadian Weinstein is not that she lacks the sensitivities this particular moment is calling for; rather, she offers no break in the long and dubious tradition of handing the office over to those who live at the top of an intricately knit network of wealth and power, far from the ordinary realities.The wife of hedge-fund manager Boaz Weinstein, with whom she bought a $25.5 million Fifth Avenue apartment formerly belonging to the copper heiress Huguette Clark, Ms. Farhadian Weinstein has raised tens of thousands of dollars from her husband’s friends and colleagues on Wall Street. (Among them is the billionaire Ken Griffin, who built his own stunning relationship to New York real estate when he bought a condominium on Central Park South for $238 million, at the time the most expensive home ever sold in the United States.)Throughout her campaign, Ms. Farhadian Weinstein has argued that none of these connections would impede her judgment, that she would prosecute financial crime fearlessly. When asked in a debate earlier this month about potential conflict of interest, she said that she would recuse herself in any instance where she had ties to the accused. But that is a solution to a problem that shouldn’t exist in the first place. When you elect a gifted lawyer to run a hugely influential office, the hope is that she’ll be available, game in hand, to advise on the biggest and most sensational cases.The chief criticism of the Vance era is that his office kowtowed to the moneyed class over and over. It laid bare the danger that comes from intimacy with the opposition and revealed the high costs of recusal. A decade ago, for instance, when Dominique Strauss-Kahn, the former managing director of the International Monetary Fund, was arrested on charges of sexually assaulting a housekeeper in a Midtown hotel, he retained the counsel of Marc Agnifilo. As it happened, the lawyer was married to someone high up in Mr. Vance’s office — the chief of the trial division, who ordinarily would have supervised the case.Given that Karen Friedman Agnifilo had a lot of experience in sex crimes, her involvement would have been invaluable. Instead she was forced to tuck herself away. Eventually the charges against Mr. Strauss-Kahn were dismissed under a case that famously collapsed. During the preceding 18 months, the Agnifilos had found themselves in similarly entangled situations two dozen times.In his acclaimed 2017 book, “The Chickenshit Club,” the Pulitzer Prize winning journalist Jesse Eisinger begins with the question of how it came to pass that virtually no one was prosecuted in regard to the 2008 financial crisis. He determines that a growing sense of coziness and collusion between the business and legal professions, emergent since the beginning of the current century, have limited both the ability and commitment of prosecutors to tackle corporations and the people who run them. Several years ago, Eric Holder, who has endorsed Ms. Farhadian Weinstein (she worked for him in the Obama Justice Department), briefly embraced the idea that certain banks are “too big to jail.”Tahanie Aboushi, a civil rights lawyer who is essentially a dismantlist, sits at a very different end of the continuum. She is in favor of cutting the budget of the police department by 50 percent, and her antipathy to incarceration extends to a refusal to prosecute a long list of offenses, including harassment in the second degree, which, as Ms. Farhadian Weinstein astutely pointed out in the most recent debate, would include shoving a person on a subway platform out of bias.Even the Five Boro Defenders, a group of lawyers and social justice advocates deeply sympathetic to Ms. Aboushi’s worldview, pointed out in their voting guide that they found it “concerning” that “she frequently lacked a clear understanding or vision” for accomplishing her objectives. Some opposed to Ms. Aboushi’s approach resent her inclusion in a race that they worry could detract from the other leading progressive, Alvin Bragg, the only Black candidate in the field. Nonetheless, Ms. Aboushi has the support of the influential Working Families Party.A native of Harlem, the son of a math teacher and a father who worked in social welfare, Mr. Bragg has a long and impressive résumé, having served as a federal prosecutor under Preet Bharara (who has endorsed him) and in various top positions in the state attorney general’s office. There he oversaw an investigation into the Police Department’s stop-and-frisk program and found that only one-tenth of 1 percent of stops, over a period of three years, resulted in convictions for a violent crime. He also worked to repeal 50-a, the law that shielded the misbehaviors of the police from the public for so long.“The thing about Alvin is that you don’t have to worry about his sincerity as a reformer,” Zephyr Teachout, the legal scholar who challenged Gov. Andrew M. Cuomo from the left in the Democratic primary six years ago. “He has done the work.”Whoever becomes the next D.A. will inherit the case against the Trump Organization and all the major legacy potential that comes along with it. In the eyes of many New Yorkers, Manhattan’s next district attorney will either be the one to finally bring Donald Trump to account — or be remembered as the one who failed to do so. For the moment at least, there is no evidence that anyone running would need to back away from the challenge of that. More

    • 150 Shares169 Views

      in Elections

      Wall Street Is Donating to Tali Farhadian Weinstein. Is That a Problem?

      by

      Tali Farhadian Weinstein built up a $2.2 million war chest with help from hedge fund managers, far more than her rivals in the Manhattan district attorney race. Even had she not raised more money than her rivals, Tali Farhadian Weinstein would be a formidable candidate in the nine-way race to become the Manhattan district attorney, perhaps the most high-profile local prosecutor’s office in the country.She was a Rhodes scholar, has an elite legal résumé and is the only candidate who has worked for both the Justice Department and a city prosecutor’s office. And while most of the candidates are campaigning as reformers intent on reducing incarceration, Ms. Farhadian Weinstein, 45, has staked out a slightly more conservative position, expressing concerns about guns and gangs.But what most sets Ms. Farhadian Weinstein apart from the field is her fund-raising. As of January, she had raised $2.2 million, far more than her competitors, hundreds of thousands of it from Wall Street, where her husband is a major hedge fund manager.Her opponents, legal ethicists and good government advocates have raised questions about that support, pointing out that the Manhattan district attorney, by virtue of geography, has jurisdiction over a large number of financial crimes.“It’s very difficult to see how a Manhattan D.A. candidate can accept really large and numerous donations from people who are involved in industries who could easily be the subject of that office’s attention,” said Susan Lerner, the executive director of Common Cause New York, a government reform group.Ms. Farhadian Weinstein, who is married to the wealthy hedge fund manager Boaz Weinstein, says the donations will not influence her judgment on prosecuting cases. She notes she has not received large sums from criminal defense attorneys.“Judge me on my record,” she said. “I’ve gotten every job I’ve ever had on my own and I’ve never done a favor for anyone.”Much of Ms. Farhadian Weinstein’s campaign war chest came from a small group of donors in the hedge fund industry. The founder of Pershing Square Capital Management, William A. Ackman, and his wife have contributed $70,000 to her. Kenneth Griffin, who founded Citadel, gave Ms. Farhadian Weinstein $10,000, and his colleague Pablo Salame, the head of global credit at Citadel, donated $35,000.She also received $70,800 from the founder of PointState Capital, Zach Schreiber, and his wife, as well as $55,000 from Michael Novogratz, formerly of the Fortress Investment Group, and his wife.Ms. Farhadian Weinstein, left, speaking to voters Friday on the Upper West Side of Manhattan. Opponents and good government advocates have raised questions about her donors.Sara Naomi Lewkowicz for The New York TimesThe flood of money from financiers into Ms. Farhadian Weinstein’s coffers has been reported by other news outlets, most recently Gothamist. It gives her a significant advantage in the race, which is likely to be decided by a narrow margin during the Democratic primary in June.She has plastered Upper Manhattan with expensive mailers and has hosted high-profile guests on a podcast to promote her candidacy, including the author Malcolm Gladwell and two U.S. senators — Cory Booker of New Jersey and Kirsten Gillibrand of New York.The heavy support from New York’s ultrawealthy in finance has surprised longtime campaign consultants watching the race, including some working on behalf of her opponents.George Arzt, a onetime adviser and campaign spokesman for Robert M. Morgenthau, who was Manhattan district attorney for decades, said he had “never seen such eye-popping numbers for individual donations in a D.A.’s race.” Mr. Arzt is currently working with another candidate, Liz Crotty. “Whatever happened to the sheriff of Wall Street?” he added.‘She was not a shrinking violet’Ms. Farhadian Weinstein came to the United States in 1979 as a 4-year-old, the daughter of Jewish parents from Iran who fled the revolution and applied for asylum.The uncertainty she felt as a young person, knowing the government could change her life at any moment, affected her career path, she said. “I think now there was always an impulse to be on the other side and to be a decision maker,” she said.After graduating from Yale Law, she was offered clerkships with Merrick B. Garland, who was then a judge on the U.S. Court of Appeals for the D.C. Circuit, and with Justice Sandra Day O’Connor on the Supreme Court. At the U.S. Department of Justice, she worked as a counsel under Attorney General Eric H. Holder Jr., who remembers her as a fierce debater.“She had really good judgment and the guts to challenge people at the Justice Department,” said Mr. Holder, who has endorsed Ms. Farhadian Weinstein. “She was not a shrinking violet.”Ms. Farhadian Weinstein’s courage was tested when, as a federal prosecutor pregnant with her third child, a defendant charged with murder threatened to hire someone to kidnap her and cause her to lose the pregnancy.For weeks, federal marshals had to escort her. She was told she could come off the case, if it would make her more comfortable, but she stayed on until the baby was born.Later, Ms. Farhadian Weinstein served for several years as the general counsel to the Brooklyn district attorney, Eric Gonzalez, one of the most progressive local prosecutors in the country.Ms. Farhadian Weinstein with the Brooklyn district attorney, Eric Gonzalez, in 2019. She is the only candidate who has worked for both the Justice Department and a city prosecutor’s office.Desiree Rios for The New York TimesStill, she has tacked to the right of her competitors in the race for Manhattan district attorney. She has been less prone than several of her rivals, for instance, to pledge that she would not prosecute certain categories of low-level crime.“It’s very easy and simplistic to insist on bright-line rules,” she said. “The hard work of prosecutorial discretion is having policies but also allowing for discretion to do justice in individual cases.”The possibility of conflictsThe Manhattan district attorney’s office has long overseen many investigations into wrongdoing in the worlds of finance, real estate and other lucrative industries based in the borough. Mr. Morgenthau, the predecessor of the current district attorney, Cyrus R. Vance Jr., was known for taking a particularly tough line against white-collar crime.Under Mr. Vance, the office’s reputation for taking on the powerful lessened, in part because of criticism he drew over donations from lawyers for Harvey Weinstein and former President Donald J. Trump, who were under investigation. Mr. Vance eventually decided to stop accepting donations from lawyers with pending cases.For her part, Ms. Farhadian Weinstein has declined to accept donations of more than $1 from defense lawyers, firms with a defense law practice or lawyers who work at firms with a defense law practice, saying that donations from lawyers who appeared before the district attorney’s office created the most potential for conflicts of interest. She brushed off the suggestion the donations from people in finance might create such conflicts if she were to win.“Anybody is a would-be witness or target or a subject of an investigation,” she said. “That’s diffuse.”Some of her opponents disagree. “By running a campaign that’s so tied to Wall Street, Ms. Farhadian Weinstein has put herself at a real political and frankly ethical disadvantage,” said Jamarah Hayner, the campaign manager for Tahanie Aboushi, who is running on a platform to shrink the size and power of the district attorney’s office.Stephen Gillers, a law professor at New York University and an expert in legal ethics, said in an interview that while Ms. Farhadian Weinstein had violated no ethics rule, she should not have accepted the donations.“The fact that this is the Manhattan D.A. and Manhattan is the financial capital of the country if not the world says to me that this candidate should not be raising large sums from hedge fund interests,” he said.All told, Ms. Farhadian Weinstein has received at least 21 donations of $30,000 or more. (The maximum allowable is about $38,000.) Her opponent Alvin Bragg, who was the runner-up in the money race in January, when candidates last filed disclosures, had received only two donations of that size. Ms. Aboushi had received only one similarly hefty donation, from the professional basketball player Kyrie Irving.Leaders at her husband’s fund, Saba Capital, have collectively given Ms. Farhadian Weinstein more than $105,000.In 2020, Mr. Weinstein gave the maximum allowable donations to Ritchie Torres and Adriano Espaillat, two congressmen who have endorsed Ms. Farhadian Weinstein. Mr. Weinstein has also donated thousands of dollars in past years to Senators Booker and Gillibrand, who appeared on Ms. Farhadian Weinstein’s podcast, “Hearing.”Ms. Farhadian Weinstein bristles at questions about her husband’s influence on her, calling them “deeply disappointing and sexist.” To answer critics, Ms. Farhadian Weinstein asked Judge Jonathan Lippman, the former chief judge of New York State, to advise her on what conflicts might arise because of her husband’s business. (Broadly speaking, Mr. Weinstein trades highly complex financial instruments.)Judge Lippman said in an interview he did not anticipate Mr. Weinstein’s business would create conflicts of interest, but he laid out steps she could take to ensure any potential investigation would remain independent. He did not look closely at Ms. Farhadian Weinstein’s fund-raising, but said he did not find it unusual or concerning. “It goes with the terrain of running for public office,” he said.Zephyr Teachout, a lawyer and former candidate for governor who has worked extensively on public corruption matters, said the Wall Street money Ms. Farhadian Weinstein had amassed “raises all kinds of red flags.”“It’s really problematic and distorting to have so much Wall Street cash in this race because the D.A. is responsible for enforcing white-collar criminal law in Manhattan,” she said. “We are talking about an enormous amount of money that common sense tells you has the power to shape judgment.” More