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Archive for December, 2008

Padavan Election Recount heads to the Appellate Division

December 16th, 2008

Dan Halloran, NY City Council District 19 candidate.

Dan J. Halloran III

So, it seems that things are progressing negatively on the law front- not because of the lack of merit in Frank Padavan’s bid to be re-elected, but rather because the force of will and unity of the party has become a distant second seat to the divisive politics of inter-party agendas.

I am still awed by the success of the democratic party’s lawyers in bullying the GOP team in Court. Whether it was the replacement of our elections clerk, or the unanswered allegations of gerrymandering and discriminatory striking of ballots, the GOP team has been on its heels and in defensive posture from the outset- hardly the space to be in when the recount was started with Frank ahead at every turn of the recount screw.

Frank Padavan has been an honorable and gentleman’s gentleman every year in public office- it is hardly surprising he has consistently and patiently trusted in the system to vindicate him- and the fact that we are still in it despite the Obama Tsunami is a testament to this truly beloved public-servant.

But once this matter was brought into a courtroom the gloves needed to come off- not off Frank- but off the legal team. What was called for was an aggressive litigation team that had one mission, to dismantle the opposition utterly and unmercifully. No quarter should have been given, no stone left unturned, and more importantly, no elevation of the fight should have been eschewed. This whole fight has NEVER been about election law- lets face it – there is absolutely no precedent for restoring ballots struck by the BOE as invalid after the count is in. This has been from the outset a litigators struggle of will and courtroom domination.

One does not march into a state courthouse before a justice appointed by the very machine that is bringing the litigation to the crescendo and not talk recusal. One does not leave unanswered baseless claims of discriminatory ballot striking without threatening the specter of Federal Court, and one does not allow themselves to be bullied in the well of the Courthouse acceding to demands for replacing members of the team. PERIOD.

One of the most important lessons I learned as a trial attorney came in my first criminal trial after leaving the District Attorney’s office and becoming a private defense attorney. In a self-defense assault case, after my blistering cross examination of the People’s chief witness, where I had reduced his recollection to a puddle of incoherent and contradictory misstatements, and turned away to sit back at the defense table, the Judge sensing my overconfidence, looked down at me and said, “Mr. Halloran, I don’t suppose your done yet?”

Until that moment, I thought- yes I am- I am done- what more could there be? Then it dawned on me, the DA had a look of relief, like I had somehow missed the big question… I realized the opponent was down, but hardly out.

I grabbed a new yellow pad from the table as if all I was doing was starting round two, and began anew with the witness. When I finally sat down later the next hour, and several “confessions” from the witness later, both DA’s sat stone faced and despondent at their table, and the witness a teary-eyed wreck, in the cross hairs of the train wreck of their case.

The jury deliberated 17 minutes, to reach my client’s NOT GUILTY.

Never stop – never stop fighting until the fight is won…. here endeth the lesson.

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Opinion

19th CD Changes – GOP Must Adapt in NYC

December 16th, 2008

Last week I sat in disbelief at the Northeast Queens Republican party meeting listening to incumbent Frank Padavan outline the recount issues in his bid for reelection to the State Senate. Frank, an honorable and consistent servant of his constituents, was awash in the Obama Tidal wave… and fighting for his seat despite three decades plus of selfless-service.

Though he clings to a few-hundred vote lead in week three of the recounting, his victory is neither assured, nor is his worn away support comforting, to the other Republicans in Northeastern Queens….once a moderately conservative corner of the City.

It is time the party elders vest the fate of the new Republican Party in the hands of a younger generation; one to whom the Age of the Internet is accessible and which reflects the largest growing section of voters, the under 40, college educated, urbanite.

Since this is the age of internet information and educated urbanites- without our party addressing the issues that feed the information superhighway, we will never succeed in making inroads in the urban political scene. We must use the tools and talents of the day to make our voices heard.

What is it that the true Republican ideal speaks to? How about limited government? Or efficient programs designed to reach goals rather than perpetuate dependencies? Perhaps its as simple as reading the Constitution to mean what it says…. or better yet, holding public officials, police, and government accountable to standards of conduct, productivity, and compassion. Our party is about presenting the opportunity to succeed, not giving people a false guarantee of success. Republican ideals are centered about our self-responsibility and community awareness & involvement without which, we cannot effect positive changes.

As someone who thinks that the Party has strayed too far from its ideals and imperatives, I have decided to throw myself into the race in Queens for the City Council next year in my home district, the 19th. I grew up here, from birth to college I lived and learned here, and have now bought my first home, and it too is here in the district.

Perhaps if the people we choose to represent us actually lived life in the places they purport to represent, government would be more conscious of its awesome responsibility. Perhaps neighborhoods would mean more to us then, as would our neighbors, certainly a Republican Party that would count for something would be a good start….

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NYC Queens District 19

December 13th, 2008

Welcome to Dan Halloran’s District 19
City Council Candidate’s blog.

Among other things, I’m for a more limited government. In NYC the number of agencies and bureaucracies is staggering – right now there are no less than 65 agencies sharing essentially similar duties and overlapping authority – moreover there are numerous agency level authorities that are really properly sub-agency departments.

So what does that mean? For limiting government – well commissioners, staff, and duplication of efforts/costs/work are all overblown and misspent. Eliminating the top-heavy management and redundancy of resources and merging and coordinating will save billions each year.

There are many important issues requiring right action by your next City Council member, from issues of education and youth, public safety and quality of life, transportation and the infrastructure, senior citizens issues, and of course – taxes and spending.  The more we look at government waste and duplication of authority, jurisdiction and spending, the more it makes sense that providing real and useful services to the people relies upon cutting out the waste.  Better government means better, more efficient, and increased  services at lower cost.  Your comments and concerns are welcome here.

Daniel Halloran

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Opinion