Judge William H. Pauley of the United States District Court in Manhattan, as widely expected, has rightly upheld Monserrate's expulsion from the Senate:
Judge Pauley decided that two of the main arguments made by Monserrate's lawyers did not hold water. He determined that Monserrate's right to due process was not violated by the expulsion process, since the senate gave the him fair warning that expulsion might be an option when it created a special committee to investigate the incident. The committee gave Monserrate amply opportunity to testify or otherwise defend himself through his lawyers. Monserrate declined to participate.
Further, Judge Pauley says "the power of a body to determine the fitness of its members is embedded in American democracy."
Monserrate's legal argument in this case was extremely tenuous and this ruling was widely expected in the legal community, but it's nice to have this seemingly obvious issue settled. Monserrate's lawyers will probably appeal, but I don't expect the outcome of the appeal to be any different.
However, this is not the end. The Slasher is going to run for the special election against Assemblyman Jose Peralta, so Peralta needs all our support. He is having a free meet-and-greet tonight:
Friday, February 19
6:30pm-8:30pm
DL21C welcomes
Jose Peralta
NYS Assemblyman and candidate for NY State Senate (D-Corona, Jackson Heights, Queens)
Mr. Dennehy's Pub (lower level)
63 Carmine Street (at Houston; 1 to Houston; B/D/F/V/A/C/E to W 4th)
This event is free!
RSVP HERE
I'd be there but I'm leaving for a vacation in the Caribbean tonight. But if you can make it, Peralta needs you. Can you imagine the horror if Slasher wins his old seat back? I just might quit politics if that happens.
Poll after the jump. |