Poll

Will Hiram Monserrate survive and be re-elected to the NYS Senate?

Yes
2 (13.3%)
No
13 (86.7%)

Total Members Voted: 15

Author Topic: Monserrate Trial and Expulsion  (Read 33051 times)

Offline Chuckster

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Re: Might we be rid of Monserrate after all?
« Reply #210 on: February 19, 2010, 12:28:21 PM »
According to today's New York Times City Room blog,

Judge Denies Monserrate Bid to Stay in Senate
The Chuckster has spoken!

Offline StevenGrey

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Re: Might we be rid of Monserrate after all?
« Reply #211 on: February 19, 2010, 12:42:20 PM »
Having quickly read through the PDF of the judge's decision, his reasoning seems sound and I think it should hold up to Monserrate's appeal...
Now let's all go to the polls on March 16th and make sure we get a new state senator who'll do the right thing for our community!

:rockon:

Offline carrefour_ny

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Re: Might we be rid of Monserrate after all?
« Reply #212 on: February 19, 2010, 01:11:14 PM »
Montserrate's argument is totally arrogant, which is basically the Judge's position as well. I also hope that it should hold up to in appeal.


Offline jimbo in jhts

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Re: Might we be rid of Monserrate after all?
« Reply #213 on: February 19, 2010, 01:13:06 PM »
It's high time that Hiram HITS THE ROAD.........Let's vote in a senator who has the community's best interest at heart....I know it's tough to find one as the political game itself is full of vipers.  If any of you who are running for the Senate seat are reading this, the best you can do to keep your job is work for the community and your constituents wll resounding vote you back in.....

Offline earbears

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Re: Might we be rid of Monserrate after all?
« Reply #214 on: February 19, 2010, 02:00:48 PM »
Judge Allows Monserrate NY Senate Expulsion
(CBS)


The Judge has rejected an attempt to temporarily block the expulsion of a New York state lawmaker.

Colleagues voted to remove Hiram Monserrate because of a misdemeanor assault conviction.

Judge William Pauley refused Friday to block the Democrat's expulsion.

Offline divanatrix

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Re: Might we be rid of Monserrate after all?
« Reply #215 on: February 19, 2010, 02:19:06 PM »
 :rockon: :rockon: :rockon: Bye asshole!!!  :rockon: :rockon: :rockon:

Offline divanatrix

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Re: Might we be rid of Monserrate after all?
« Reply #216 on: February 19, 2010, 06:17:06 PM »
I stand corrected!  ;D

Offline dssjh

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Re: Might we be rid of Monserrate after all?
« Reply #217 on: February 19, 2010, 10:18:38 PM »
monster rat's most hilarious moment -- delivered by KKK advocate Norman Siegel.

only the voters can remove monster rat

so we must not have an election to remove it.

lolololololl!

Offline JMV

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Re: Might we be rid of Monserrate after all?
« Reply #218 on: February 20, 2010, 12:07:15 AM »
THIS IS FOR ALL OF THOSE WHO DREAMED WITH HIRAM'S VICTORY ONCE UPON A TIME...!!   :2funny:


Judge Declines to Reverse Monserrate’s Expulsion From the State Senate
By JEREMY W. PETERS
Published: February 19, 2010

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A federal judge on Friday refused to reinstate former Senator Hiram Monserrate, the first member of the New York State Legislature removed from office since the 1920s, rejecting Mr. Monserrate’s claims that his expulsion was unconstitutional.

Writing that a legislative body’s power to expel its members is “embedded in American Democracy,” Judge William H. Pauley of United States District Court in Manhattan denied Mr. Monserrate’s request to have his removal blocked and the special election to replace him halted.

The decision about who should represent Mr. Monserrate’s former district in Queens should be left to the voters and not to the courts, Judge Pauley said.

The ruling marked the first decision in what could be a lengthy appeals process for Mr. Monserrate. Judge Pauley’s order applied only to Mr. Monserrate’s most immediate request to the court: to block his expulsion so he could return to the Senate when it reconvenes on Monday.

The case is expected to proceed in Judge Pauley’s court, though lawyers for Mr. Monserrate said they were strongly considering an appeal to the United States Court of Appeals for the Second Circuit.

Norman Siegel, one of Mr. Monserrate’s lawyers, said the judge’s ruling “opens the door to arbitrary and unfettered decisions that violate the rights of duly elected officials and their constituents.”

But Judge Pauley rejected Mr. Monserrate’s argument that the people of his district were disenfranchised, writing that the impediment to voting rights was “gossamer.”

“The burden here,” Judge Pauley wrote, “is no greater than the occasional vacancies due to death or resignation.”

Attorney General Andrew M. Cuomo, whose office is defending the Senate in the case, said he was gratified by the decision. “The time for changing the culture of Albany is long past due,” Mr. Cuomo said in a statement. “Today’s ruling is a step in that direction.”

The ruling raised numerous questions about the merits of Mr. Monserrate’s legal claims and indicated that the court would ultimately decide against him if he pressed on with the case. Judge Pauley was especially skeptical of the arguments that Mr. Monserrate’s rights were violated under the 1st and 14th Amendments.

His lawyers alleged that the expulsion process was not only unfair and unconstitutional, but was also political payback for Mr. Monserrate’s role in a leadership coup last summer and his critical public comments about the Senate’s investigation into his conduct.

Mr. Monserrate’s lawyers said his ouster was an unlawful coup, a choice of words the judge said he found to be “an ironic twist.”

Judge Pauley was also not persuaded by Mr. Monserrate’s claims that he was denied due process by the special Senate committee that recommended his expulsion. The judge noted that the former senator refused to testify before the committee or present evidence in his favor.

Mr. Monserrate’s lawyers also argued that the provision of state law the Senate relied on to expel him was too vague. But the judge was not persuaded.

The law, he wrote, is a “short and plain” statement that is “neither standardless nor so unclear that a person of reasonable intelligence could not understand its meaning and application.”

The Senate removed Mr. Monserrate by a vote of 53 to 8, citing his conduct in a violent confrontation in 2008 that left his female companion with a deep gash on her face. A judge acquitted him of felony assault charges but convicted him of a misdemeanor for dragging her down a hallway — an act caught on videotape.

State law provides for the automatic expulsion of any legislator convicted of a felony, but it is silent with regard to misdemeanors. The judge said that simply because the law did not spell out every circumstance under which a legislator might be expelled “does not make the statute vague or overbroad.”
A version of this article appeared in print on February 20, 2010, on page A11 of the New York edition.

Offline pipman

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Re: Might we be rid of Monserrate after all?
« Reply #219 on: February 20, 2010, 09:26:53 AM »
I can't wait until the time I come to this site and do not have to see his name again.
Monsta Rat - go back to the hole where you came from.  Hopefully we will get good representation in JH.

[Many similar threads combined by moderators]
« Last Edit: March 03, 2010, 07:19:36 AM by toddg »

Offline JMV

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Re: Monserrate Trial and Expulsion
« Reply #220 on: March 07, 2010, 01:34:40 AM »
THIS IS ONE OF THE PETTY ATTACKS HE'S USING AGAINST OUR NEXT SENATOR. IT SHOWS THE LACK OF REASONING HE'S USING TO WIN THE RACE.


Monserrate’s questions why Peralta silent on the paterson scandal: http://thebuffalopuertoricanpress.wordpress.com/

Former Senator Hiram Monserrate new line of defense is”Peralta’s lack of public comment on whether he supports Gov. David Paterson,” reported in the City Hall news on Tuesday.

In talking with reporters Monserrate said, “I’ve had disagreements with him on policy—the Senate most certainly has at different times—but I believe that he can continue to do the basic job of being governor until the next election, which is a few months away.”

Hm? Whatever happened to accusations Governor Paterson issued about Monserrate when he issued a statement to the press that he got off too easy, a slap in the wrist in his own case of domestic violence earlier that catapulted his ouster from the Senate.

In fact in the NY Daily News article on February 13, the governor , “…unloaded on the Queens Democrat, saying the deposed legislator was lucky he didn’t get slapped with felony charges for pressuring girlfriend Karla Giraldo to change her story about the night her face was sliced with a broken glass.”

While Assembly Peralta responded to Mr. Monserrate rightfully by saying, “The accusations against Governor Paterson are deeply troubling,”  ( and)  “Domestic violence is a serious issue and any attempt to intimidate or manipulate a victim of domestic violence is a grave matter. I am confident that Attorney General Cuomo will investigate this matter fully and quickly so that the voters of the State of New York can know all of the facts.”

Although, the ouster  of Monserrate was wrongful more so in the wake of the governor’s own domestic violence scandal, its disappointing that he is vocal about a governor few are rallying around any longer while using Peralta’s silence as a campaign issue.  Assemblyman Peralta is correct in issuing the statement about the governor and Monserrate’s position is a very troubling one.

Offline Marlene

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Re: Monserrate Trial and Expulsion
« Reply #221 on: March 07, 2010, 06:11:45 PM »
Petty Politics at it's best!!!!  And the "tele-novela" continues!!!!

Jackson Heights Life

Re: Monserrate Trial and Expulsion
« Reply #221 on: March 07, 2010, 06:11:45 PM »