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'The matter is closed': NY county clerk shuts down Texas AG's attempt to punish doctor

A county clerk in New York once again rebuffed Texas’s efforts to enforce a six-figure civil judgment against a local physician, reinforcing New York’s protections for abortion providers.

Texas Attorney General Ken Paxton pushed New York courts to honor a roughly $100,000 civil judgment rendered in Texas against Dr. Margaret Carpenter, who is based in Ulster County and is accused of prescribing abortion-inducing medication via telemedicine to a Texas patient, according to the Associated Press.

New York is one of eight states with shield laws designed to block enforcement of out-of-state penalties against providers in jurisdictions that have abortion restrictions.

Acting Ulster County Clerk Taylor Bruck, who announced the decision Monday, had earlier declined to file the judgment in March, citing New York’s shield law.

Last week, Paxton’s team contended that New York civil procedure mandates the filing and insisted Bruck had no legal choice. Bruck upheld his position Monday, stating that the office’s refusal remains final.

“While I’m not entirely sure how things work in Texas, here in New York, a rejection means the matter is closed,” Bruck wrote in a letter to Texas officials.

This legal standoff is one of two cases involving Carpenter that could challenge the boundaries of shield laws.

Earlier this year, New York Governor Kathy Hochul invoked the state’s shield protections to deny Texas’s request and a Louisiana extradition attempt related to separate allegations: Louisiana accuses Carpenter of prescribing abortion pills to a pregnant minor.

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'Embarrassing': Trump administration fires its own lawyers for 'legal malpractice'

The New York Times reports the Trump administration is firing its own attorneys over alleged incompetence.

The U.S. Department of Transportation on Thursday made the peculiar move of replacing its federal lawyers defending it in a lawsuit over New York City’s congestion pricing program, allegedly because the lawyers undermined the department’s case.

New York wants to impose a $9 entrance fee to Manhattan to reduce gridlock, cut pollution and fund critical transit projects — but Trump called the program "illegal," and has demanded the state halt the plan or risk the White House slashing federal funding and approval for transit projects. U.S. Secretary of Transportation Sean Duffy wrote a letter to New York Gov. Kathy Hochul warning she has until May 21 to explain why his department should not withhold federal funding, with a promise to begin penalizing the state May 28.

New York sued the U.S. government over the threats in federal court, but yesterday the Manhattan U.S. attorney’s office reported it had mistakenly filed a confidential memo that criticized the department’s legal strategy.

Strategy arguments are usually limited to client/attorney discussions and do not find themselves publicly submitted in court. Nevertheless, the court faced an 11-page letter suggesting the federal department build a stronger case by terminating the federal government’s approval of the tolling program “as a matter of changed agency priorities” rather than questioning the legality of the toll — which could be a difficult argument to establish in court.

The Department of Transportation raised the possibility of sabotage by its own attorneys in a statement today, calling the filing “legal malpractice.”

“Are S.D.N.Y. lawyers on this case incompetent or was this their attempt to RESIST?” a federal spokeswoman wrote, according to the NY Times.

U.S. attorney’s office spokesman Nicholas Biase assured the filing “was a completely honest error and was not intentional in any way,” but New York University Law School professor Roderick M. Hills Jr called the filing “a gigantic, obvious, objective blunder.”

“Oh my god — very embarrassing,” Hills told the NYTimes.

Read the full NY Times story here.

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'Not how you handle children': Sheriff under fire after 11 year-old girl put in handcuffs

One county sheriff in upstate New York is now battling criticism from his community after defending deputies who handcuffed an 11 year-old girl after mistaking her for a suspect.

NBC News reported that Onondaga County Sheriff Tobias Shelley said it was "reasonable" when deputies briefly cuffed a young girl for seven minutes on Monday and questioned her about a car theft in the area. In a video of the incident obtained by local news outlet WSTM, deputies can be heard telling the girl that someone wearing "the exact same thing you’re wearing just stole a car," as both the suspect and the girl were wearing a puffy pink jacket and camouflage pants. But the suspect and the girl are also Black.

When the kids told the officers "we can't drive," one officer pushed back, saying: "What do you mean? Most kids can't drive and they're still out here stealing cars."

Deputies didn't notify the girl's parents that she had been detained, and Shelley said that he would change department policy to make sure officers will "notify a parent or guardian of any juvenile who is detained for criminal investigative purposes, no matter how brief the encounter is." He defended officers' behavior as "reasonable" and said their actions were "lawful, within policy and common practice in law enforcement." But the New York Civil Liberties Union said it was "extremely disturbed by the aggressive treatment of an 11-year-old Black child at the hands of Syracuse Sheriff’s deputies, and their failure to notify the child’s parents."

"This mistreatment raises serious concerns about implicit racial bias, which too often leads law enforcement officers to perceive children of color as a threat. It also raises questions about appropriate training and protocols in the Sheriff’s office,” the group stated. “The Onondaga County Sheriff’s Office must engage the community in dialogue and make further changes with community input.”

The girl's mother, who has not been publicly named, told WSTM that the video of her daughter being handcuffed was difficult to watch.

"Even if it wasn’t my child, I wouldn’t be able to finish watching the video because that’s not how you handle children," she said.

Watch WSTM's video below, or by clicking this link.

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Trump lawyers made this 'colossal mistake' after judge denied bid to delay sentencing: expert

Despite his best efforts, President-elect Donald Trump is still scheduled to be sentenced for his 34 felony convictions this Friday in New York.

Trump was hoping to push his sentencing date past his January 20 inauguration date, after which any sentencing is unlikely given that it would interfere with his duties as commander-in-chief. But on Tuesday, Justice Ellen Gesmer of the First Judicial Department's Appellate Division in New York denied the president-elect's motion to delay his January 10 sentencing date.

In a thread posted to Bluesky, former assistant U.S. attorney Mitchell Epner explained that Trump will now have to appeal Gesmer's decision to the New York Court of Appeals, which is the Empire State's highest court. Judges on that court could then either deny Trump's appeal, or not rule at all, which would mean his sentence would still be handed down on January 10.

However, if the New York Court of Appeals upholds Gesmer's ruling, Trump would then have to hang his hopes on the Supreme Court of the United States. While the Court has a 6-3 conservative supermajority, New York is part of the 2nd Circuit Court of Appeals, which is under Justice Sonia Sotomayor's purview. It's not likely that Sotomayor — who President Obama appointed to the Supreme Court in 2009 — would side with Trump.

"NY law is quite clear that a case can go forward without the defendant in attendance, if they refuse to show up," Epner wrote. "Once the sentence of "unconditional release" is imposed, it will be up to Trump whether to pursue an appeal of the underlying 34 felony convictions during his Presidency."

Former Watergate prosecutor Jill Wine-Banks called Justice Gesmer's decision "good news" in the wake of U.S. District Judge Aileen Cannon's "crazy" ruling on Tuesday. Cannon — a Trump appointee — blocking the release of Department of Justice special counsel Jack Smith's final report summarizing his two investigations into the president-elect. Northeastern Illinois University political science professor William Adler wryly observed that Cannon would block Trump's sentencing, adding: "yes I know it's a NY state case and she's in Florida, you think she cares?"

Historian Varad Mehta observed that while Trump could have filed motions in the federal judiciary to delay his sentencing, he may not have enough time to do so given that his sentencing date is just three days away.

"Onto the NY Court of Appeals," Mehta tweeted. "And while they're at it, Trump's lawyers should finally be filing in federal court to stop this. It's a colossal mistake for them not to have done so already, but better late than never."

After Trump was found guilty on all 34 felony counts of falsifying business documents last May, Merchan was initially planning to hand down his sentence in July. However, he pushed back his sentencing date to September in order to review how the Supreme Court's decision to grant Trump absolute broad criminal immunity for all official acts applied to his convictions. Sentencing was pushed back once again to after the November election, before being moved to January 10, 2025.

Merchan has signaled that he will hand down a sentence of unconditional release, meaning Trump won't actually face any jail time or fines despite being convicted of 34 felonies and facing a maximum sentence of 20 years in prison. However, assuming the January 10 sentencing date moves forward, Trump will officially be the first convicted felon to serve as president of the United States.

Click here to read Justice Gesmer's 19-word ruling.

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'Barbaric violence': Video of inmate being beaten to death sparks call for 'immediate action'

On Friday, the Office of New York Attorney General Letitia James released body camera footage from the night that Marcy Correctional Facility inmate Robert Brooks was beaten to death. Now, calls are mounting for those involved to be held criminally accountable.

Politico reported that both New York Democratic Governor Kathy Hochul and New York state senator Julia Salazar — who chairs the senate's Crime Victims, Crime and Correction Committee — are both demanding answers and justice. The video shows several officers standing around Brooks, who had just arrived at Marcy after being transferred from the Mohawk Correctional Facility in Oneida County, taking turns beating him while he was restrained in handcuffs and leg shackles. Just six hours after the beating, Syracuse.com reported that Brooks died from his injuries at Wynn Hospital in Utica.

While officers hadn't turned on their body cameras, the video footage was obtained via "standby" mode that captures video without accompanying audio. While there are 13 officers and one nurse involved, none have yet been charged with a crime. Hochul has called for all of those involved in Brooks' fatal assault to be fired. And in a public statement, she seemingly suggested that additional action beyond termination could follow.

"Like all New Yorkers, I was outraged and horrified after seeing footage of the senseless killing of Robert Brooks," Hochul stated Friday. "The State of New York has zero tolerance for individuals who break the law, and I am committed to holding everyone involved fully accountable."

Sen. Salazar posted a statement to X condemning the "unconscionable violence" displayed by the officers in the body camera footage. She noted that while some of those involved have already been suspended without pay and others have resigned, she noted that she "fully expect[s] all officers involved to be criminally charged for their respective roles in enabling and committing barbaric violence against Robert Brooks, ultimately killing him." She also called Brooks' death a "profound policy failure that demands immediate action."

"Marcy Correctional Facility cannot remain open. The brutal killing of Robert Brooks would be more than enough to demand the closure of Marcy," Salazar stated. "However, there have been additional, previous reports of unconscionable violence against incarcerated individuals by staff at Marcy and at other [Department of Corrections and Community Supervision] facilities. My office has received these reports, and I have urged those with power to investigate these reports to do so."

Brooks was serving a 12-year sentence for stabbing his girlfriend several times. At the time of his transfer to Marcy, Brooks had served seven years of that sentence. Those involved are Officers Mathew Galliher, Nicholas Anzalone, David Kingsley, Nicholas Kieffer, Robert Kessler, Michael Fisher, Christopher Walrath, Michael Along, Shea Schoff, David Walters, Anthony Farina, Michael Mashaw, Glenn Trombly and Nurse Kyle Dashnaw.

Click here to read Politico's full report, and click here to view the body camera footage posted to Attorney General James' website (some of the footage is graphic and may be upsetting to some viewers.)

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New York judge refuses to marry same-sex couple 'because of her religious beliefs': report

A civil judge in Syracuse, New York recently refused to officiate a wedding between two women, in an apparent violation of anti-discrimination laws.

That's according to a Wednesday article in the Syracuse Post-Standard, which reported that Judge Felicia Pitts Davis walked out of her chambers on November 16 as soon as a same-sex couple walked in. The couple — 33 year-old Shawntay Davis and 29 year-old Niccora Davis — were left alone in the chambers until another city court judge, Mary Anne Doherty, came in and officiated their wedding.

"The way [Pitts Davis] got up and left the courtroom was rude, then all of a sudden another judge came in, and that’s when we got married,” Shawntay Davis told the Post-Standard. “It was real weird.”

Pitts Davis had officiated a wedding of a heterosexual couple just prior to the Davises, and reportedly even cried during the ceremony. The Post-Standard cited two unnamed sources who said Pitts Davis told Doherty that she didn't want to marry the two women due to her "religious beliefs."

Syracuse city court spokesperson Al Baker told the paper that the court was "aware of the allegation and have referred the matter to the State Commission on Judicial Conduct." Pitts Davis was elected to her 10-year term in 2020, in the wake of the Black Lives Matter uprising that swept the nation after former Minneapolis Police Department officer Derek Chauvin murdered George Floyd. She told the paper at the time that she recalled watching her mother work until she was almost 90 years old, and grew uo hearing stories about racial discrimination and lynchings.

"As a Black woman, what I’ve always been taught – what I’ve fought for – has relied on the protections of the Constitution, and I had to learn how to make those real," she said.

AlterNet has reached out to Pitts Davis' office for comment, and will update this article in the event of a response.

Click here to red the Post-Standard's article in its entirety.

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'Extreme racism': Swing district GOP rep ripped for blackface photo and 'massive non-apology'

The New York Times recently reported that Rep. Mike Lawler (R-New York) — who represents a hotly contested district — donned a blackface Michael Jackson costume as a 20 year-old college student. Now, the freshman lawmaker is battling accusations of racism just weeks before a close election.

In his article, Times reporter Nicholas Fandos found that Lawler dressed as the King of Pop in 2006, wearing his signature red leather jacket from the "Beat It" video, along with a layer of makeup aimed at making his skin look darker. Fandos wrote that Lawler "described himself as an ardent Jackson fan" going back to his early childhood.

The New York Republican didn't deny the photo after it emerged. However, he insisted that the costume was "truly the sincerest form of flattery," and "a genuine homage to my musical hero since I was a little kid trying to moonwalk through my mom’s kitchen."

Lawler apologized for the photo, telling the Times: “I am a student of history and for anyone who takes offense to the photo, I am sorry,” he said, adding: “All you can do is live and learn.” Multiple commentators, writers and political experts seized on that statement in reacting to the report.

"[A]t first I thought you were complete weirdo, but apparently you’re a complete disgrace," tweeted André M. Richardson, who is a senior advisor to House Minority Leader Hakeem Jeffries (D-New York). "You represent ~30k Black folks of voting age and you offer a goofy non-apology of[sic] 'if anyone was offended'? A 'student of history' would know the racist origins of blackface."

"When he says student of history, does he know the history of blackface?" Tweeted Massachusetts housing policy expert Cylas Martell-Crawford. Democratic pollster Will Jordan noted that Lawler's "I am a student of history" remark "will stick with me as blackface damage control statements go."

"I'm a student of history too Mike," tweeted Garrett Petersen, a Democratic Party activist in Islip Township, which is in Lawler's district. "[A]nd you know what, that gets expressed by reading books not by doing racist s— but maybe I'm built different."

More Perfect Union producer Jordan Zakarin opined that Lawler made a "weird statement," and that he should have been well aware that "wearing blackface has long been an act of extreme racism." Writer and labor activist Talia Jane called Lawler's explanation a "massive non-apology."

Others commented on the fact that 2006 was not that long ago, and that it would be easy for a white person donning a contemporary costume of Michael Jackson — who had the autoimmune disorder vitiligo, which causes skin to lose its pigmentation — to not use makeup. Comedy writer Chandler Dean tweeted: "You really gotta wanna do blackface if you do it for your *2006 Michael Jackson costume*."

Lawler is in a tight reelection battle against former Rep. Mondaire Jones (D-New York), who was redistricted out of his old district after the 2020 Census. He has not yet commented on his opponent's blackface scandal, though Andrew Giambrone, who writes for the New York-based outlet Gothamist, called it "an October surprise for the books."

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'The cult will break': Ex-federal prosecutor says this legal strategy will be Trump’s downfall

Roy Cohn – who was the mob-connected personal attorney for Donald Trump when he was a New York real estate mogul — played a major influence in shaping the former president's relationship with the legal system. But one legal expert thinks Trump's adherence to Cohn's strategies could be his undoing.

According to an interview that former assistant U.S. Attorney James Zirin conducted with Slate's Andrea Bernstein, the ex-president is currently deploying Roy Cohn's playbook in his multiple ongoing criminal prosecutions. As an example, Zirin noted that one cornerstone of Cohn's philosophy was to try cases in the press, which Trump did on a daily basis during his Manhattan criminal trial. Even though a jury found the former president guilty on all 34 felony counts of falsifying business records, he nonetheless politicized the result by fueling a narrative that he was the victim of a politically motivated "witch hunt."

Zirin noted that Trump's strategy in Manhattan in 2024 was almost the exact same one he used when he was accused of racially discriminating against tenants in his apartment buildings several decades ago. While several of Trump's confidants urged him to settle with the city in exchange for a "slap on the wrist," Cohn instead encouraged Trump to fight. Zirin explained that Trump "liked [Cohn's] advice" the most.

"These charges of 'witch hunt' that Trump hurls, he first used in the housing discrimination case," he said. "This is what Trump did in the criminal case in New York this spring — leaking stories to the right-wing press to create a public atmosphere that was hostile to the state of New York (the plaintiff in the case) and favorable to Trump."

"[I]n the New York case, he attacked the judge, even the judge’s daughter. He attacked members of the prosecution staff. According to Trump they were all left-wing Trump-haters, and the whole prosecution was being conducted for political purposes. There was the big lie that the prosecution was being directed by Joe Biden, even though it was a state prosecution, and even though the Justice Department had absolutely nothing to do with it," he continued. "It was just total nonsense, but people believe it."

But while it has aided him in the past, Zirin opined that Trump follows the Cohn playbook at his own peril. One of Cohn's axioms was: "No public man can indefinitely survive in the center of controversy." Zirin told Bernstein that should the former president continue to place himself at the epicenter of political and cultural issues, it could be his undoing.

"The media built him up, and as we saw in the Roman colosseum, the thumbs-up can quickly turn to thumbs-down," he said. "The cult will break apart and people will go on with their lives."

The former president is currently due in court to be sentenced for his 34 felony convictions in two weeks on September 18. His attorneys have attempted to use the appeals process to push back the sentencing date, though those efforts have so far fell flat.

Judge Juan Merchan could sentence Trump to as many as 20 years in prison. However, class E felonies do not require jail time, and Trump is a 78 year-old first-time offender. If he doesn't succeed in pushing back his sentence, it's likely the ex-president will be sentenced to a combination of home confinement, probation and fines.

Click here to read Bernstein's full interview with Zirin in Slate.

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AG James may start 'collection efforts' to seize Trump’s assets in coming days: lawyer

Former President Donald Trump and his legal team are reportedly running out of time to post the bond for appealing his civil fraud trial verdict before New York Attorney General Letitia James starts seizing his assets, according to a prominent real estate attorney.

Attorney Paul Golden, who is a partner at the New York-based law firm Coffey Modica, told Newsweek on Tuesday that if he doesn't have a satisfactory bond by Monday, April 15, James' office could begin the asset seizure process as soon as next week. James previously threatened to use the legal authority of the state to satisfy the $464 million judgment against Trump that Judge Arthur Engoron handed down in February.

"Presumably, if the motion fails, the Attorney General will take the position that the bond is without effect and that the Attorney General may start to take collection efforts," Golden said. "Of course, if for whatever reason a court rules the bond is without effect, then Trump would likely appeal that decision as well, and possibly seek a stay in the context of that separate appeal too."

While New York state law requires that appealing a judgment requires a litigant to post bond equal to the judgment itself plus 9% interest, an appeals court stepped in at the last minute and allowed Trump the ability to post a much lower bond of $175 million. The former president was able to get a bond secured by Knight Specialty Insurance Company (KSIC) in order to prevent James' office from seizing his assets.

However, James filed a motion last week to impose a 10-day deadline on KSIC to meet state regulations for bond guarantors, or else she would deem the $175 million bond to no longer be in effect. According to Axios, the bond paperwork Knight submitted was incomplete, and Knight was not registered with the New York Department of Financial Services, which is a requirement for any guarantor of a bond within the Empire State. It also didn't include a corporate financial statement that showed the guarantor has the resources necessary to pay the bond.

Golden said if the bond were indeed deemed to no longer be in effect, James would effectively be in uncharted legal waters.

"There is little case law on this particular subject, so it becomes hard to predict what factors a court would consider when deciding if KNIC was truly solvent, and could ultimately afford to pay off $175 million," he told Newsweek.

KSIC is chaired by billionaire Don Hankey — a longtime Trump supporter who built his wealth in the subprime auto loan industry and has a long history with both Trump and his real estate empire. One of Hankey's companies, Westlake Services, was sued by the Department of Justice during the Trump administration for illegally repossessing 70 debtors' cars.

"That's all a part of the game to Hankey, who carved out his $7.4 billion fortune through those kinds of predatory practices, targeting low-income customers with high-interest auto loans," the New Republic's Ellie Quinlan Houghtaling wrote. "Hankey's Knight Specialty Insurance Company is the group that underwrote Trump's bond for his civil fraud trial, but it’s not Hankey's only investment in Trump's financial situation. "

"Hankey is also believed to be the largest shareholder in Axos Financial, according to MSNBC’s Lisa Rubin — a financial institution that, in 2022, refinanced more than $50 million of Trump's loans on Trump Tower and Trump National Doral Miami, according to documents filed with the Office of Government Ethics," she added.

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'They can go after any assets': AG James to seize Trump’s bank accounts before real estate

New York Attorney General Letitia James has made it clear that if the courts don't intervene in her plans to seize former President Donald Trump's assets, she will begin that process as soon as Monday. And it's likely she'll start with his cash.

In a Friday report, Politico's Erica Orden broke down how James would begin with her asset seizure. Assuming Trump's appeal for a last-minute stay is unsuccessful, the New York Attorney General's office would then seek Judge Arthur Engoron's approval to access the former president's bank accounts.

"In order to seize a defendant’s bank accounts, a judgment creditor typically first goes through a discovery process to identify where they are. Then the creditor asks the banks to freeze the accounts — and asks a judge to have the money in the accounts turned over," Orden explained, adding that the typical process for asset seizures involves "a brief hearing and then a decision within about a week."

The appeal is not likely to yield results in Trump's favor. Former federal prosecutor Mitchell Epner told Politico that defendants after adjudication usually have "extraordinarily limited appeal rights" that he's "never seen anybody pursue."

But because the ex-president has already essentially admitted that he doesn't have the cash to cover the judgment, James' seizure of Trump's bank accounts is just the beginning. At that point, she would then file a lien against any property she deems necessary to satisfy the judgment, and then the court would appoint someone to oversee the sale of the property with all proceeds going toward the State of New York. But James isn't limited to just seizing New York properties, and Trump owns multiple pieces of valuable real estate in several US states.

"They can go after any assets anywhere," New York-based criminal defense attorney Adam Konta told Politico.

However, in order to seize an asset out of state — like Trump's casino hotel in Las Vegas, Nevada, for example — James' seizure would have to be "domesticated" by a judge within that state. And former Manhattan prosecutor Diana Florence said that James isn't likely to be able to seize Mar-a-Lago in Florida, as it's Trump's primary residence.

If James wants to seize any asset to satisfy the judgment, creditors overseeing the process would deputize local sheriffs to physically take any property, including buildings, vehicles, golf resorts or even Trump's private jet. Sheriffs would likely coordinate with the former president's Secret Service detail to ensure they have access to properties affected by the judgment.

And while Trump is likely to net a multibillion-dollar windfall from his Truth Social platform's initial public offering (IPO), he's unlikely to use the cash from that deal to pay the judgment. According to language from the IPO, Trump is prohibited from actually using the cash from his shares in the company as collateral or judgment payment for six months.

The alleged billionaire has been fighting tooth and nail to prevent James from seizing his properties, including pleas to his supporters asking for their money. In a recent email appeal entitled "Keep your filthy hands off Trump tower," Trump complained that "Insane radical Democrat AG Letitia James wants to SEIZE my properties in New York," including "the iconic Trump Tower."

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NY civil judgment against Trump now accumulating $111K in interest every day: legal expert

Former President Donald Trump is digging himself into a progressively deeper financial hole with each passing day.

According to NBC News, a New York clerk has officially entered into the record that the total sum Trump owes the State of New York is now roughly $464 million, when taking both Judge Arthur Engoron's penalty imposed earlier this month along with pre-judgment interest into account.

The ex-president has 30 days to file his appeal, though that reportedly won't stop the continued accumulation of interest on the judgment itself. MSNBC legal analyst Lisa Rubin told host Katy Tur that the daily compounding interest on the judgment exceeds six figures.

"The judgment that was entered today incorporated actual dollar amounts for all that pre-judgment interest, therefore the total judgment itself has now been raised by almost $100 million for Donald Trump alone," Rubin said. "Now, after today, it will continue to accrue 9% interest annually, and we estimate that thats around $111,000 per day, starting today."

"Does it pause for the appeal or is it just ongoing now?" Tur asked.

"So it continues to accrue, thats my understanding, until he obtains a stay," Rubin said.

In order to obtain a stay from the court, Rubin explained that Trump would not only have to file a notice of appeal, but would have to post what's known as an "undertaking." That means Trump will have to set aside the judgment amount plus interest, or have a third party put that up for him, and enter into a separate agreement with that third party that could entail a down payment and possible loan collateral.

Watch the clip of Rubin's analysis below, or by clicking this link.

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