New York, Seth Barrett Tillman, Cuomo discussed on Opening Arguments
Hold and enjoy any public office of honor trust or profit under the state but the party impeach shelby liable to indictment and punishment according to law noticed by the way that is the exact same language that is in the federal constitution. Ten years later rate so might Have an interesting discussion back and forth with our good friend. Seth barrett tillman about the definition of public office of honor. Trust or profit under this state Because it clearly means governor in new york. I think that's another good piece of evidence that contemporaneous -ly it would have meant president applied in the us constitution. But that's a topic for another day. So do you notice what was missing in section twenty four probably not. What was missing was any standard. Like high-crime right. Right right so which i it seems like they cut to the chase of like. Yeah that is whatever they decided is already like i used to. You know i was gonna mention it a minute ago when you said they don't have to have cause or whatever the cause can just be and my first thought was what does it matter if it says you have to have caused like in the end. What seems to decide these things. Is the people deciding it. So does it add even anything to a law to to constitution to whatever to say four high crimes and misdemeanors if the same people who are alleging them are also deciding if they are high crimes so look the answer to that is an asterisk. And here's why because you. Thomas have come at the law from a very very realist. Perspective right Nineteen thirties Approach to the law. That says you know what. Let's not pretend that these high minded theories carry the day the law is ultimately whatever the lawmakers and those who interpret that. Say that it is if you're asking does it. Provide additional substantive protections. I think the answer is no for the reason that you've does. does it. Change the technical procedures it certainly does right and could you argue then that that may have an effect in terms of the difference between Signing onto our their hypothetical. I suppose it also sets norm kind of like from the beginning. You know like okay. This is kind of what we intend by allowing this impeachment ability and that does while i guess once we hit twenty twenty or twenty two eventually might fall apart but like for the time being. This is the norm or setting. That's exactly right. So that's how you impeach indra cuomo in new york and let's talk about procedurally how that will take place. I told you it would be before the court for the trial of impeachment and the correction of errors that court for the correction of errors was abolished by the state constitution in eighteen. Forty six. And so that jurisdiction. I just think it's amazing that initially this impeachment court that consists of the senators plus. The supreme court initially did two things. They presided over impeachments and they served as the highest appellate court in which you could challenge various new york supreme court which would their state trout court opinions. That seems insane at eight. Hundred forty-six new yorkers got together amended their state constitution took out the correction of errors and created. The new york court of appeals but initially right the senators of the state of new york for seven years also were the state's highest judicial body. That seems bizarre to me. Anyway but now what you have is what you have left over. Is the court for the trial of impeachments and since eighteen. Forty seven That is the lieutenant governor although not in this case because the governor is a subject being beach the chief judge of the new york court of appeals the associate judges of that court and the members of the senate so procedurally. How does that work. I you get a resolution coming out of the assembly. The new york state assembly. That is one hundred fifty measures that only has to pass by one. Vote right so seventy six to seventy four or seventy five to seventy four. If somebody sits out right that is the equivalent of of the house of representative passing a resolution of impeachment. That would mean injure cuomo is impeached. And he would go to that high court of impeachment. I did the math and if everybody sits who is allowed to sit that would be sixty nine. People the senators and judges and of those sixty nine. You would need two thirds or forty money out dak to convict if convicted. Lieutenant governor kathy hotel. Who has run with cuomo twice. Not sexually harassing may i. She seems fine. So let's you know kathy hotel would would Succeed to the governorship and She would have the power to appoint a new lieutenant governor so you might recall that that happened when david patterson succeeded eliot spitzer in two thousand and eight eliot spitzer resigned. Resignation of course is also on the table for for cuomo but so far. He's ruled that out. As we read the punishment of impeachment would Bar cuomo from holding any office of profit or under the state of new york that is interpreted as a statewide political office But he could run for non statewide office again. We're Including running for the new york state assembly. That has happened The the last time in fact that a new york governor was impeached. He turned around and ran for the state assembly and won that seat so it would prohibit cuomo from ever serving statewide again would not prohibit from running for congress running for either the house or the senate or for the state legislature or for any local office. But he couldn't be attorney. General or lieutenant governor governor again. So that's what's index for andrew cuomo in new york couple of thoughts. Yeah yeah for. I you know. I hope he's in. He needs to be be short. I think maybe he would eventually resign. Possibly although he's certainly not showing any indication that he wants to. But what are you. Predicting is happening here. I share your predictions right. Like i think that there is right now. Considerable energy being devoted behind the scenes to tell governor. Cuomo look you. You've you've got to resign. Otherwise is we have the numbers to proceed to To each you. Okay final thoughts. This guy's a create any sucks and also. He harassed the victims into not coming forward. You know there's all there's a lot coming out we haven't gone into in-depth on it but he sucks. My vote is for impeachment. If i get a vote. I didn't hear if i did and the rules but i also didn't hear you tell me i don't get a vote in the promptly. I taught in seventeen forty. Okay well then. Let's move on to california. So i think this is a great kind of book ended precautionary tale because of you sitting here thinking like if the state legislature is bought and paid for by the cuomo machine in new york right. And that's and maybe. I should have taken that up as the. You know as a devil's advocate position. That says look you know. The cuomo family is Incredibly politically powerful in new york. Maybe they can intimidate the state legislature in silence. And maybe nothing happens. And if that's the case people will be very very mad and rightfully so you and i will be mad at that end. New york has on three separate occasions in a bipartisan. Way moved to add a recall. Measure to its state constitution and since new york. I think demographically In terms of being a deep blue large state can draw some lessons from california. Maybe we should look to see what recall has done in california as kind of a blueprint for would this be a good idea. In new york in nineteen eleven voters approved the california constitution and section two Which has a seven subsections that are devoted to recall elections since one thousand nine hundred thirteen. The i recall attempt was in nineteen thirteen. It was successful Since then there have been one hundred and seventy nine recall. Attempts fifty five governor fifty at the state senate fifty in the state assembly And then a smattering of others..