consider ny const art 1 sec 3?
Trump trashes Cuomo, Letitia James for probing his businesses & chasing the wandering dago food truck
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(From left) Donald Trump, Letitia James and Andrew CuomoGetty Images; AP; Matthew McDerm
President Trump on Monday ripped Gov. Andrew Cuomo and New York’s current and former attorneys general — complaining that they were investigating his businesses only “to make me look as bad as possible.”
“It is very hard and expensive to live in New York. Governor Andrew Cuomo uses his Attorney General as a bludgeoning
tool for his own purposes. They sue on everything, always in search of a crime. I even got sued on a Foundation which took Zero rent & expenses & gave away more money than it had,” the president wrote in the first of a series of tweets.
tool for his own purposes. They sue on everything, always in search of a crime. I even got sued on a Foundation which took Zero rent & expenses & gave away more money than it had,” the president wrote in the first of a series of tweets.
“Going on for years, originally brought by Crooked Hillary’s [state] Campaign Chair, [former] A.G. Eric Schneiderman, until forced to resign for abuse against women. They never even looked at the disgusting Clinton Foundation,” the commander-in-chief fumed before turning his attention to current Attorney General Letitia James, whose office is scrutinizing the Trump Organization.
Wandering Dago, Inc. v. Destito, No. 16-622 (2d Cir. 2018)
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Justia Opinion Summary
WD filed suit against OGS, alleging that defendants violated its rights under the First Amendment, the Equal Protection Clause, and the New York State Constitution by denying WD's applications to participate as a food truck vendor in the Lunch Program based on its ethnic-slur branding. The Second Circuit reversed the district court's grant of summary judgment for defendant, holding that defendants' action violated WD's equal protection rights and its rights under the New York State Constitution. In this case, it was undisputed that defendants denied WD's applications solely because of its ethnic-slur branding. In Matal v. Tam, 137 S. Ct. 1744 (2017), the Supreme Court clarified that this action amounted to viewpoint discrimination and, if not government speech or otherwise protected, was prohibited by the First Amendment. The court rejected defendants' argument that their actions were unobjectionable because they were either part of OGS's government speech or permissible regulation of a government contractor's speech.
“Now Cuomo’s A.G. is harassing all of my New York businesses in search of anything at all they can find to make me look as bad as possible. So, on top of ridiculously high taxes, my children and companies are spending a fortune on lawyers. No wonder people and businesses are fleeing New York in record numbers!”
James’ office has sought the Trump Organization’s banking and financial records as part of its probe into his real estate empire and other business dealings.
The suit was initiated by Schneiderman — who resigned in disgrace over allegations of physical and sexual abuse — and resulted in the forced closure of the Trump Foundation.
The charity was accused by then-Attorney General Barbara Underwood of “functioning as little more than a checkbook to serve Mr. Trump’s business and political interests” and of “a shocking pattern of illegality.”
But the president tweeted a defense of his defunct charity, which once paid $10,000 for a portrait of the president, his lawyers acknowledged in court.
“That’s right, The Trump Foundation gave away 100% plus, with Zero rent or expenses charged, and has been being sued by Cuomo and New York State for years — another part of the political Witch Hunt. Just in case anyone is interested — Clinton Foundation never even looked at!” he wrote in a fourth tweet.
Cuomo responded during a conference call with reporters, saying he hadn’t “seen the president’s tweet, but let me say this: Nothing that man can say can surprise me or the people of this country. He says the most absurd things.”
And he blamed Trump’s tax cuts — which in many cases resulted in tax hikes for residents of high-tax states like New York because of cuts in deductions for state and local taxes — for the state’s high taxes.
“If he’s complaining about the tax increase, the only tax increase is the Trump tax increase. He raised taxes in the state. So if he wants to blame someone for high taxes in New York, it’s not Andrew Cuomo, who lowered taxes,” the governor said.
He rejected Trump’s contention that James was a “tool” at the governor’s disposal while suggesting that Trump’s own AG, Bill Barr, might fit that description.
“The president doesn’t understand the way government works. In his administration, he appoints the attorney general. So his expression of ‘it’s a tool,’ maybe his attorney general is his tool,” he said.
“In New York, the attorney general is separately elected. I don’t appoint an attorney general. So his suggestion that it’s my attorney general is just incorrect.”
And he speculated that the president was worried about what the state’s probe might uncover.
“I think if anything, the fact that law enforcement is looking into a corporation, if he has nothing to hide, he has nothing to worry about. But I think the tweet shows that his paranoia is once again getting the best of him.”
Stop scratching on holidays
Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.
Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.
Claude Solnik
Long Island Business News
2150 Smithtown Ave.
Ronkonkoma, NY 11779-7348
Home > LI Confidential > Stop scratching on holidays
Stop scratching on holidays
Published: June 1, 2012
Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.
James responded on Twitter with a dig at the commander-in-chief.
“As the elected AG of NY, I have a sworn duty to protect & uphold state law. My office will follow the facts of any case, wherever they lead.
“Make no mistake: No one is above the law, not even the President,” she tweeted, adding a snarky rejoinder to Trump, who did not name her in his Twitter blast.
“P.S. My name is Letitia James. (You can call me Tish.),” James wrote.
James last month also said New York would not cooperate with Trump’s since-delayed ICE raids aimed at rounding up illegal immigrant families this weekend.
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