Rep. Adriano Espaillat Joins Federal Lawsuit Challenging President Trump’s Violation of Constitution’s Anti-Corruption Clause

Nearly 200 House and Senate Democrats File Suit to Stop Trump Accepting Unconstitutional Foreign Emoluments

  Congressman Adriano Espaillat (NY-13) and 200 Members of Congress have filed a federal lawsuit against President Trump for violating one of the Constitution’s critical anti-corruption provisions: the Foreign Emoluments Clause.  The emoluments clause prohibits the President from accepting foreign payments without seeking and receiving Congressional authorization.

“The Constitution’s Emoluments Clause is a vital protection against foreign governments’ corrupting influence.” said Rep. Espaillat.  “The American people should have total confidence that the President is serving their interest, not his own financial enrichment. President Trump’s refusal to disclose or seek Congress’s authorization for his sprawling foreign financial interests is a brazen violation of the Constitution, and a danger to our democracy itself.  From this lawsuit to legislation, I will use every tool I have to hold this President accountable to the Constitution and to the American people.  In addition to joining my colleagues in filing this federal lawsuit, I have been pushing legislation, for months, which would amend the Ethics in Government Act of 1978 to require the President to place any financial conflicts of interest into a genuine blind trust.”

From the beginning of his Administration, President Trump’s embrace of Russia, pandering to Saudi Arabia, and sudden weakness before China have raised urgent questions about his financial conflicts of interest. Since the lawsuit was filed in the U.S. District Court for the District of Columbia last week, public reporting has revealed that President Trump has received additional foreign benefits – including new trademarks in China – and is brokering business deals in Saudi Arabia and the Persian Gulf while regional tensions escalate.

The Emoluments Clause provides that “no Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

STATEMENT FROM MAYOR DE BLASIO ON THE DEPARTURE OF DEPARTMENT OF DESIGN AND CONSTRUCTION COMMISSIONER FENIOSKY PEÑA-MORA

   “I deeply appreciate Feniosky Peña-Mora’s extraordinary service to New York City. From his work awarding nearly $1.2 billion in M/WBE contracts, to instituting wide reforms that have already made the agency more responsive, to improving our response to Hurricane Sandy, he made our City a better place. He navigated the agency through a period of robust growth, overseeing more than 860 construction starts and completions valued at more than $9 billion – all while winning more than 80 design awards and helping 1,600 students participate in DDC engineering programs. This is impressive stuff. While I am sorry to see him go, we did know this day would come. Indeed, he put off his return to Columbia, where he is a tenured professor, for an additional year to continue to serve the city. As we search for an equally strong candidate to run this critical agency, I thank Feniosky Peña-Mora’s for his service.”

News From Assemblyman Jeffrey Dinowitz

Assemblyman Dinowitz and Senator Peralta’s Bill Requiring the MTA to Examine Lead Paints Levels at Elevated Subway Lines Passes Senate and Assembly 

  Assemblyman Jeffrey Dinowitz and State Senator Jose Peralta’s legislation requiring the Metropolitan Transportation Authority and the New York City Transit Authority to conduct a study relative to the amount of lead paint in elevated subway tracks passed both the State Senate and the State Assembly. The bill is now at Governor Andrew Cuomo’s desk, and who will decide whether or not to sign it into law. 

  

The bill was introduced by Senator Peralta and Assemblyman Dinowitz on May 1st. Under the proposal, the MTA will have to submit a written report offering recommendations to eliminate any possible exposure to lead paint by falling chips form the elevated tracks of the subway system.

 “I am pleased that both houses of the legislature passed this important public safety measure. This bill requires the MTA and the NYCTA determine and report which areas of the aboveground transit infrastructure are plagued with hazardous levels of lead paint and which parts of New York City’s aging transit system must be immediately remediated before the thousands of New Yorkers who rely upon city transit become sickened or poisoned. We cannot expect people to live and work while being forced to use subway platforms coated in flaking lead-paint chips that may increase their risk of lead poisoning,” said Assemblyman Jeffrey Dinowitz. “It is almost inconceivable in this day and age that people must put up with any lead-poisoning related dangers, yet this legislation will go some way toward ending this problem.”

“I am glad we were able to move this vital piece of legislation quickly through both houses of the legislature in order to protect New Yorkers. In a little less than a month and a half, it was possible for us to introduce and pass this bill in regards to the amount of lead paint in elevated subway tracks, including the 7 line. This subway line cuts across several hard-working communities in my district, and unfortunately lead paint chips are falling onto the streets and sidewalks,” said Senator Peralta. “We must ensure we remove hazardous lead paint from tracks, stations and trestles. The safety of New Yorkers comes first.” 

Assemblyman Jeffrey Dinowitz, Senator Marisol Alcántara Pass Bill Cracking Down on Illegal Non-Rental Fees

Bill Requires DHCR to Notify Rent-Stabilized Tenants of Which Non-Rental Fees Landlords can Legally Charge 

  The New York State Legislature passed legislation sponsored by Assemblyman Jeffrey Dinowitz and Senator Marisol Alcántara yesterday, the last scheduled session day, which cracks down on illegal non-rental fees some unscrupulous landlords use to pressure tenants out of their apartments or trick them into paying more than they owe. Pending the signature of the Governor, the DHCR will now be mandated to provide the full list of legally allowable non-rental fees on the lease rider it issues for all rent-stabilized tenants. The New York Times recently brought to light this issue, which affects many low-income tenants. Often, fees will appear on the monthly rent bill or other correspondence without any explanation, which leads many tenants to believe that they must pay these fees in order to stay in their housing, which is false. Rent-stabilized tenants deserve freedom from arbitrary and in some cases illegal charges that burden an already rent-burdened population in a city undergoing a housing crisis.

“As a result of unscrupulous practices by landlords who insert various non-rental fees into lease agreements and monthly rental bills, we have passed legislation that would put vital information on the legality of these fees into the hands of the tenants they’re targeted at. Recently, some landlords have been attempting to pressure tenants, who may not know their rights, into paying for various legal fees, late fees, and fees for background checks by putting those fees directly into the lease agreement and monthly rent bills. DHCR has called into question the legality of some of these fees, and has put out Fact Sheet #44 to help tenants know their rights. Landlords will no longer be able to bully tenants into paying for things that they are not obligated to pay for,” said Assemblyman Dinowitz. “It is my hope that the Governor will demonstrate his support of tenants’ rights by signing this into law.”

State Senator Marisol Alcántara said: “Rent-stabilized tenants have the right to know whether the fees their landlords charge are legal. This bill, which I urge the Governor to sign, will close a loophole that has allowed unscrupulous landlords to take advantage of their tenants. This will be especially helpful for low-income and immigrant tenants, who may be more unfamiliar with the state’s rent laws and who are at particular risk of tenant harassment such as the use of illegal fees.”

NEWS FROM cONGRESSMAN eLIOT ENGEL

Engel on Senate GOP's Version of Trumpcare

  Congressman Eliot L. Engel, a top member of the House Energy and Commerce Committee, released the following statement regarding Senate Republicans’ version of the American Health Care Act, or “Trumpcare”:

“For weeks, Senate Republicans have been careful not to let a single detail of their health care bill see the light of day. There have been zero hearings, zero committee reviews, and they’ve shown zero willingness to explain their plan, which will intimately affect millions of Americans and upset one-sixth of the nation’s economy.

“There is one thing, though, that Senate Republicans have claimed: their version of Trumpcare will be better for Americans than the House version that President Trump called ‘mean.’

“They’re not fooling anyone.

“Just like the House bill, the Senate’s Trumpcare still makes harsh cuts to Medicaid, still abolishes the Medicaid expansion that’s brought health care to millions, and still lets states gut the protections Americans rely on for quality coverage. It still lavishes tax cuts on corporations and the very rich, paid for on the backs of hardworking families. And it will still force Americans to pay more and get less.

“If Republicans want to lie to themselves about what they’re doing, that’s fine. But they need to stop lying to the American people.

“Just yesterday, the President promised that the Senate’s Trumpcare would be ‘a plan with heart.’ If this is ‘a plan with heart,’ I’d hate to see what Republicans think is a plan without it.”

Engel Cosponsors Voting Rights Advancement Act

Congressman Eliot L. Engel, a leading member on the House Energy and Commerce Committee, has cosponsored H.R. 2978, the Voting Rights Advancement Act (VRAA), legislation that would fully restore key aspects of the Voting Rights Act that were struck down by the Supreme Court in 2013.

In Shelby County v. Holder the Supreme Court struck down key provisions of the landmark 1965 law, including section 5, which required jurisdictions with a history of discrimination to seek pre-approval of changes in voting rules that could affect minorities. The Voting Rights Advancement Act would restore full protections to the Voting Rights Act and create a new coverage formula that would apply to states with repeated voting rights violations in the last 25 years.

“The Supreme Court got it wrong in 2013 when they struck down key elements of the Voting Rights Act. Its time Congress took action to correct that mistake,” Congressman Engel said. “In the last four years we have seen some states, emboldened by the Shelby decision, enact laws that are designed specifically to suppress minority voting populations. This cannot stand. Congress must act to ensure every American’s right to vote is fully protected under law, and that is why we must pass the Voting Rights Advancement Act immediately.”

In addition, Engel has introduced a Constitutional Amendment, HJ Res. 28, that deals with several election law issues including voting rights, gerrymandering, and the abolishment of the Electoral College.

Assembly passes Sepulveda bill to allow high school students to pre-register to vote; bill moves to Senate

  With voter turnout at record low numbers, a new bill that just passed in the closing days of the New York State Assembly session could very well go a long way to bringing out new voters.

 

Bronx Assemblyman Luis Sepulveda's "Young Adult Voter Registration Act" would require each public high school within the state to make voter registration forms available to students.

 

While the voting age in New York State is 18, students who are 17-years-old could pre-register before reaching legal voting age," said Sepulveda.

 

"This would also be a step in helping to educate youth about civic responsibility and having a voice in determining who will represent their interests as younger members of society," he added.

 

"Regretfully, far too few New Yorkers vote in local, state or national elections, and voter participation has been declining," he said.

 

In the 2016 general election, New York State ranked 41st in the nation for voter turnout, with just more than 57 percent of registered voters casting ballots, Sepulveda said, with just under 56 percent of New York City voters and 52 percent of Bronx voters turning out.

 

"Affirmative steps are necessary to encourage and increase voter participation in all elections," said the Assemblymember.

 

 He attributed the decline and lack of participation, in part, to the fact that voters find it difficult to register to vote.

 

"Although state law provides mechanisms for distributing voter registration forms by state agencies as part of agency-based voter registration programs, the Department of Education does not participate in such programs," he noted, "despite it being uniquely positioned in the state to enhance the participation of young people in the democratic process by distributing voter registration forms to potential young voters."

 

The measure now goes to the Senate, where Queens Senator James Sanders Jr. is its prime sponsor.

“We need to encourage more young people to take part in the democratic process by voting," said Sanders. "I am proud to support Assemblyman Luis Sepulveda and to be the sponsor of this bill in the senate."

"Since the next generation will shape the future of our country, they should be informed in order to make smart choices," Sanders added. "I hope that registering to vote will encourage them to be more active in politics and in learning about the role of government in their lives.”

Assemblyman Sepulveda represents the 87^th Assembly District covering Parkchester, Castle Hill, West Farms, Van Nest and Stratton Park.

COUNCIL MEMBER ANDY KING TO HOST CONSTITUENT NIGHT ON JUNE 27

  In order to better serve his constituents beyond the hours of 9-5, New York City Council Member Andy King and his staff will be hosting “Constituent Services Night” every other week in a different NYCHA housing development in the 12th Council District.

A Constituent Service Night Event will be held on Tuesday, June 27, 5:00 -7:00 p.m. at Boston Secor Houses, 3550 Bivona St., Bronx.. Services will include resources and solutions for housing, food stamps, immigration status and basic services. Representatives from Home Base/Catholic Charities Archdiocese of New York and Urban Justice Center will be in attendance to address constituents’ needs as well as provide information and resources.

There are five NYCHA housing developments in the 12th District. They are Gun Hill Houses, Baychester Houses, Boston Secor, Eastchester Gardens and Edenwald.

NYCHA residents can preschedule an appointment by calling the Office of Council Member Andy King at (718) 684-5509. Ask for Cee Lewis.

Community Education Council 8 Meeting

  What should have been a quick meeting under 30 minutes with less that 30 total attendees including the CEC members, district staff and few parents seemed to be like an old school board meeting where over 50 parents were in attendance. Another thing that reminded me of an old school board meeting was the heat in the new auditorium, and that the air-conditioning was not working, which schools did not have during the school board era.

  What little voice the CEC has is when it comes to zoning, the item on the agenda was titled 'Throggs Neck Rezoning' by the Office of District Planning/Division of Space Management. No schools were listed on the agenda for the meeting which was held at the old IS 192 building on Hollywood Avenue. The schools now listed on the agenda were MS 371, PS 392, and MS 467 at the Hollywood address. Having been a Citywide parent leader, when you see school numbers such as those it means that the original school was either closed or redesigned due to continued poor student performance. 

  As the evening went on the issue was about overcrowding and poor planning by the district and Department of Education. The superintendent of the District 8, I was told is in her second year and it seemed that parents and CEC members (half of whom are leaving as of July 1st) still had no answers as there was a power point presentation concerning the overcrowding at the area public schools. PS 14 and PS 71 will have the temporary transportable classrooms removed (as they should have been during the previous mayoral administration) and PS 14 is to get a 344 seat addition to the building by the beginning of the 2018 school year. PS 14 is currently at a utilization rate of 155 percent. PS 71 is currently at a utilization rate of 138 percent. Information asked for was to be posted online tomorrow, and the following chart was shown in which enrollment figures are missing for PS 14, PS 71, PS 72, PS 304, and PS 392.

Below were the reasons for rezoning.

The current Throggs Neck Zoning is divided into three zoned elementary schools, and two overflow elementary schools currently. 

The issue will be revisited in the fall with the new CEC or new school board in place to vote on, as this was an informational meeting only.

The members of CEC 8 with Superintendent Ames in the middle.

Also on the CEC agenda was a resolution to adopt the Superintendent's Evaluation for the school year 2016 - 2017. The resolution passed by a five in favor, zero opposed, and four abstentions.

Brooklyn Man Sentenced To More Than 20 Years In Prison For Murder Committed In Broad Daylight In January 2016

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Ashan M. Benedict, the Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and James P. O’Neill, Commissioner of the Police Department for the City of New York (“NYPD”), announced that RAYSHAWN DEMOSTHENE, a/k/a “Smooth,” was sentenced today in Manhattan federal court to a prison term of 244 months for the murder of Michael Morris in Brooklyn, New York, on January 11, 2016. DEMOSTHENE pled guilty before U.S. Magistrate Judge Barbara C. Moses on December 29, 2016, to murdering Morris. DEMOSTHENE was sentenced today by U.S. District Judge P. Kevin Castel.

Acting Manhattan U.S. Attorney Joon H. Kim stated: “In broad daylight, on a residential street in Brooklyn, Rayshawn Demosthene executed Michael Morris. Demosthene’s cold-blooded murder and utter disregard for a fellow human life was driven by greed, a desire to steal drug money. Thanks to the hard work and dedication of the SPARTA Joint Robbery Task Force of the NYPD and the ATF, Demosthene has been brought to justice and will serve a lengthy sentence for his crime.”

ATF Special Agent-in-Charge Ashan M. Benedict stated: “The defendant and his co-conspirators committed a cold-blooded, ambush murder of the victim in order to steal money the victim intended to use to purchase narcotics. In the process, they turned the streets into a shooting gallery, endangering the lives of any number of innocent bystanders. This investigation highlights the ever-present danger of violence that goes along with the narcotics trade, and how invariably that violence plays out on the streets. I would like to extend my gratitude to the ATF Special Agents and NYPD Detectives assigned to the ATF SPARTA Joint Robbery Task Force, and the U.S. Attorney’s Office for their outstanding work in ensuring that this killer faced the justice he so overwhelmingly deserved.”

NYPD Commissioner James P. O’Neill stated: “The individual involved in this case not only participated in the illegal drug trade but compounded his actions by engaging in the wanton murder of another human being for nothing more than his own greed. Murder, no matter what the circumstances, can never be tolerated in a civilized society.”

According to the Indictment and other documents filed in the case, as well as statements made during the plea and sentencing proceedings:

On the morning of January 11, 2016, RAYSHAWN DEMOSTHENE walked along a residential street in Brooklyn toward the car in which Michael Morris was sitting and opened fire. Morris, who was a resident of Virginia, had traveled to Brooklyn that day in the belief that he would purchase drugs in exchange for approximately $30,000 in cash. But the supposed drug transaction was a ruse. Unbeknownst to Morris, DEMOSTHENE and his co-conspirators had agreed beforehand to murder Morris and take his money. After Morris arrived in Brooklyn, DEMOSTHENE carried out the homicide by shooting Morris in the head and killing him.

In addition to his prison term, DEMOSTHENE, 24, of Brooklyn, New York, was also sentenced to five years of supervised release.

Mr. Kim praised the investigative work of the NYPD and the ATF, and in particular the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which is composed of agents and officers of the ATF and the NYPD.