Why this former Special Counsel to the Moreland Commission supports Zephyr Teachout

[hrmjustin]

janosnation

When I joined the Commission to Investigate Public Corruption ("the Moreland Commission&quot as special counsel during the summer of 2013, I knew Albany's history of corruption, and relished the opportunity to investigate it and offer ideas for reform. Like many of those who participated in or followed our work, I found hotbeds of scandal, apathy and mediocrity beyond even my low expectations. The person who disappointed me most during my time on the Commission was Governor Andrew Cuomo.

The opportunity that has been lost by the Commission's neutering, then disbandment, is more significant than most people realize, and the level of the governor's interference more pervasive than press accounts suggest. And while ethics may seem like a single issue in a large and complicated state, what I observed showed me what little regard Governor Cuomo and his senior staff have for the press, the public, and people with integrity who work in government. Their disdain for ethics colors the way they govern the entire state.

Let me begin by describing my experience on the Commission in as much detail as I feel is appropriate during U.S. Attorney's Bharara's ongoing investigation. The Executive Order under which the Commission operated directed us to investigate corrupt activity that was permissible under the New York's weak campaign finance and lobbying laws, not necessarily uncover crimes. (This being Albany, the Commission could not help but discover potentially illegal activity along the way.) While U.S. Attorney Bharara is in possession of the Commission's files, he is unlikely to pursue non-criminal investigations, which comprised much of our work.

http://m.dailykos.com/story/2014/09/05/1327323/-Why-this-former-Special-Counsel-to-the-Moreland-Commission-supports-Zephyr-Teachout#

[ABCin2014]

1. This should be required reading

for all registered voters. I think we may see an October surprise courtesy of Preet Bharara.

http://blog.timesunion.com/capitol/archives/219939/former-moreland-lawyer-economist-for-teachout/

[hrmjustin]

2. He is not allowed to indict before an election.

[ABCin2014]

3. Technically,

The US Attorney never indicts. The Grand Jury does. The U.S. Attorney presents the evidence to the Grand Jury, which may return indictments if it finds probable cause to believe that crimes were committed. Instead of indicting, a federal Grand Jury also can issue a public report about official misconduct that doesn't reach the level of criminality.

My bet is that the Grand Jury will not indict, but will issue a scathing report.

Why do you think indictments cannot issue now?

[hrmjustin]

4. Us attorneys are told in their handbook not to indict politicians

that are up for an election within 60 to 90 days.

[ABCin2014]

5. This may be a general practice,

but I don't believe it is an ironclad rule. I'd think it depends on how compelling the evidence is and the seriousness of the alleged offense.

[hrmjustin]

6. It is not a law and if the grand jury indicts it indicts but he is supposed to seal

it tillafter the election.

But I doubt he would.