Bragg, Alvin

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      Why Police Accountability Is Personal for This Manhattan D.A. Candidate

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      Alvin Bragg has had encounters with the police both in the streets and in the courts. He wants to change the system from within.The first time Alvin Bragg began thinking about police accountability was not long after an officer put a gun to his head, when he was a 15-year-old in Harlem in the 1980s.Nearly 30 years later, as a prosecutor at the state attorney general’s office in 2017, Mr. Bragg found himself confronting the same issue, overseeing the case against Officer Wayne Isaacs, who was off duty when he killed Delrawn Small in the early morning in Cypress Hills, Brooklyn.The officer was charged with murder and manslaughter. Video of the shooting, prosecutors argued, appeared to contradict the officer’s account. The jury acquitted him anyway.“I felt dejected, demoralized, really upset for the family,” Mr. Bragg recalled. “I felt like our system had not worked.”Now, the issues of police accountability and public integrity that Mr. Bragg confronted as a prosecutor are at the center of his campaign to lead one of the most important district attorney’s offices in the country. Mr. Bragg, 47, a Democrat, is one of nine candidates vying for the office, and is among those seeking to balance concerns about public safety against a progressive push to make the criminal justice system less punitive.In seeking to position himself as the candidate most capable of changing the system from the inside, Mr. Bragg has leaned on his personal history — including both his street-corner and courtroom encounters with the police. And Mr. Bragg, who is the only Black candidate running, would be the first Black person to lead an office where, researchers have found, race continues to be a critical factor in nearly every part of the process.But his history leading the unit that tried Officer Isaacs — a unit charged with investigating police killings of unarmed civilians — undermines a record that sounds better than it looks, his opponents and their supporters charge. Under Mr. Bragg, the unit, then called the Special Investigations and Prosecutions Unit, investigated 24 cases and brought back zero convictions. (It has not fared any better since he left, three years ago.)Officer Wayne Isaacs, center, was found not guilty after a 2017 trial; Mr. Bragg said the verdict still troubles him.  Dave Sanders for The New York Times“The Manhattan district attorney needs to be able to manage the most complicated and difficult cases, and that includes holding police accountable,” said Lucy Lang, another candidate in the race, who at a debate last week attacked Mr. Bragg’s record on police accountability. “Unfortunately, in the 24 cases of police killings that came before him, Alvin wasn’t able to hold a single officer accountable.”Mr. Bragg said that his record leading the unit, now called the Office of Special Investigation, showed only that the law makes it extremely difficult to successfully prosecute police officers.Experts agree. Though there are exceptions, including the recent conviction of Derek Chauvin for the murder of George Floyd, Mr. Bragg’s record with the unit at the attorney general’s office is not unusual. It remains extremely difficult to charge, let alone convict, police officers.Peter Neufeld, head of the Innocence Project, which works to overturn wrongful convictions, said that Mr. Bragg was fighting within a system that was heavily weighted against him. (Mr. Neufeld endorsed Mr. Bragg last month.)“It doesn’t make sense when looking at somebody who is taking on an adversary with both hands tied behind his back to measure his win-loss record,” he said.Close to homeMr. Bragg grew up on 139th Street in the heart of Harlem. Born in 1973, on the cusp of the city’s fiscal crisis, he said he learned at an early age which blocks were safe and which were not, the places he could go and the places that were best avoided.His mother, a math teacher, kept a close eye on him and made sure he focused on school, drilling him on his multiplication tables on the M10 bus and asking him to stay within the confines of their block. His father, who worked for the New York Urban League, regaled him with stories about the Willis Reed-era New York Knicks and encouraged him to get outside.There could be trouble, even close to home. When Mr. Bragg was 10 years old, he had a knife put to his neck by some teenagers in the middle of the day, in what he described as a “hazing,” but a very scary one.And then there were the police. About five years later, he was walking with a friend when an unmarked police car began driving the wrong way on Adam Clayton Powell Boulevard, he said. Three officers emerged from the car. One put a gun to Mr. Bragg’s head. They asked if he was dealing drugs and started going through his pockets.“You didn’t need to go to law school to know this was unlawful,” Mr. Bragg said. His interest in criminal justice started there.He went to Harvard and Harvard Law School and clerked for the federal judge Robert Patterson Jr., where he first began to see the way that prosecutors could work on behalf of public safety. After several years working as a criminal defense and civil rights lawyer, he became a prosecutor at the New York attorney general’s office, looking at public corruption and white- collar crime. He later worked under Preet Bharara, then U.S. attorney for the Southern District, as a federal prosecutor in Manhattan, before returning to the attorney general’s office, where he focused on police misconduct.Mr. Bharara, who has endorsed Mr. Bragg, said that he had been set apart while a federal prosecutor by his concerns about police accountability and public corruption.“He’s not jumping on the bandwagon in connection with the race for office,” Mr. Bharara said. “He’s cared about these things for a long time.”Mr. Bragg, who met volunteers in Union Square this month, has sought to balance progressive ideas about the criminal justice system with public safety concerns.Andrew Seng for The New York TimesCivil Rights and Public SafetyMr. Bragg is one of nine candidates, eight Democrats and one Republican, running to replace Cyrus R. Vance Jr. as the chief prosecutor in Manhattan, a position that carries immense power to affect the criminal justice system in New York City.He has said that his overall focus will be on decreasing the number of people behind bars, that he will create a new unit to investigate police misconduct, move resources toward prosecutors investigating economic crime and overhaul the sex crimes unit. He has proposed a plan that would work to stem the flow of guns into New York from out of state.Many of Mr. Bragg’s ideas reflect the move to the left in prosecutorial elections in cities around the country in recent years — a shift that has ushered in a new breed of progressive prosecutor.Initially the race in Manhattan seemed to follow that pattern, as the majority of the Democratic candidates promoted lenient approaches to certain low-level crimes.But in recent months, as gun violence has continued to rise in New York City and another leading Democratic candidate, Tali Farhadian Weinstein, has stressed the importance of prosecuting crime, tension has grown between those pushing for leniency and those emphasizing public safety. (As of January, Mr. Bragg had raised more money than anyone other than Ms. Farhadian Weinstein and on Saturday, a racial justice organization, Color of Change, said it would spend $1 million promoting his candidacy.)Mr. Bragg has found a synthesis, based on his biography, that he hopes will persuade voters.“People care about both,” he said. “They want civil rights and public safety. Being safe is your first civil right, and we can’t have safety without community trust, which is based on civil rights.”And so he relies on his record — even when his opponents say it is unflattering. Under pressure from Ms. Lang during last week’s debate, he called the unit that has garnered zero convictions “the most transformative, transparent unit in this space in the history of this country.”Mr. Bragg has argued that the way his office worked with the victims’ families marked the beginning of a productive alliance between prosecutors and protesters, both pushing for justice. The unit was created after Eric Garner’s death in police custody in 2014; Mr. Bragg has been endorsed by Mr. Garner’s mother, Gwen Carr.Mr. Small’s brother, Victor Dempsey, said that Mr. Bragg had consulted him throughout the case against Officer Isaacs. He has endorsed Mr. Bragg’s candidacy.“Alvin has been a tremendous part in my advocacy work and my family’s advocacy work because he kind of gave us the impetus to keep fighting,” he said.But not all of Mr. Small’s family has backed Mr. Bragg. Victoria Davis, his sister, has endorsed Ms. Lang, who worked as a prosecutor under Mr. Vance.In a recent conversation, Ms. Davis said that she did not feel Mr. Bragg had done everything he could for her brother, who she said was demonized during the officer’s trial because of a tattoo. “I think he wasn’t humanized,” she said of her brother.Mr. Bragg still dwells on the acquittal of Officer Isaacs. He agreed with Ms. Davis that the defense team had successfully dehumanized Mr. Small, transforming him into what Mr. Bragg called a “Black boogeyman,” a tactic that predated the modern criminal justice system.“The part that is sad is that it works,” he said. “That racial imagery is a tie that binds throughout our history. Ultimately that’s the original sin, and we’ve got to address that.” More

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

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      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