Padavan Election Recount heads to the Appellate Division
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.
