A letter from former Councilman Daniel J. Halloran
Former NYC Councilman urges friends to support his application to SCOTUS for relief
I write this email by proxy, as many of you know, because I am in the custody of the Federal Bureau of Prisons while my appeal finally makes its way to the United States Supreme Court. Despite the very clear violations of state and federal common law and the intentional twisting of statutory law by the Obama Justice Department, the 2nd Circuit refused to allow me to remain out pending the hearing of my case before the Supreme Court, much like the 4th Circuit did with Governor McDonnell. And like the governor, a bail application has been made to the US Supreme Court on my behalf, we are awaiting their decision.
Instead of keeping me close to home to work with my legal team and see my family regularly, as they would with most inmates, the Obama DOJ chose to send me 700 miles away to Ashland, Kentucky, despite the availability of numerous camps much closer and less full at the time. One can only speculate at their motivations but the consequence of their action was clear: it made family and legal visits a virtual impossibility and slowed my appeals process to a crawl. But finally, the end is in sight and with the granting of certiorari by the Supreme Court, at long last, justice is at hand.
Like Virginia’s Governor McDonnell, the federal overreach and misapplication of legal principles by the Obama Justice Department has resulted in a witch hunt without basis in law or fact. As the FBI conceded at trial- there was NO predication to investigate me and they discovered NO ILLEGALITY but allegedly that which they themselves created during their “investigation”. Moreover, there was no federal jurisdiction except that which they created themselves through the use of an out of state cell phone by their own undercover agent.
The fact that a democratic party fixer, A.U.S.A. Alvin Bragg, was able to skirt ethics and disclosure rules only compounds the injury. Bragg mysteriously jumped from the NYC Council, as a staff attorney for Christine Quinn, to the SDNY US Attorney’s Office under Preet Bharara that was investigating her for her 2008 Slush Fund Scandal. After giving the democrat Quinn a pass, Bragg’s unit then took over handling Mark “Moses” Stern, the orthodox Jewish fraudster who committed a $126 Million dollar real-estate scam of Citibank, and who then turned Confidential Informant for the government. Despite Stern having concrete evidence of campaign and finance improprieties of numerous high ranking democrats, including US Congressman Elliot Engel, NYS Attorney General Eric Schneiderman, and State Senator Joe Addabbo, Bragg instead had him target Republicans in NYC, all without any basis to investigate the GOP.
Bragg and his team then concocted an elaborate sting involving the NYC GOP and the 2013 Mayoral Primary race wholecloth using arcane interpretations of state election law to cobble together an indictment. But on the eve of trial, Bragg departed the US Attorney’s Office, and in doing so, failed to disclose Stern’s true connections to the Democratic machine, and hundreds of hours of wire recordings of the government’s star infiltrator. Where did Bragg go? He became Deputy NYS Attorney General under Eric Schneiderman- the very man his unit gave a pass to during their debrief of Stern, thus turning a blind eye to the ongoing crimes of prominent democrats while targeting republicans suspected of no wrongdoing. This evidence began to surface mid-trial in the defense examination of an FBI Agent the government sought to have the defense stipulate to rather than put on the stand- and a massive Brady violation. Since then several reporters have dug deeper and discovered the rest of the story, connecting the dots and exposing hints of the truth in this selective prosecution sting.
The danger to the New York electoral system created by this prosecution is massive: if the government’s theory of liability in Honest Services Fraud extends to circumstances like our Wilson Pakula’s- the only means that the GOP, Conservative and Independence parties can fight a Democratic party candidate on the ballot in many parts of the Empire State- the fusion candidate for political office in New York City will disappear. If their interpretation of the law prevails, paying petitioners to gather ballot signatures or hiring political consultants and candidate advocates from within party ranks will be illegal. If the government has its way, the buying of seating at tables for party dinners or the hiring of campaign workers to staff a newly won elective office after a successful election will all be construed as quid pro quos and constitute the crime of bribery. This cannot stand.
My friends, I need your help to continue this fight to protect the 1st Amendment rights of our political parties to be free from government intrusion and to bolster the 10th Amendment protections that Federalism ensure constrain the unchecked powers of a national government. I need you to help me fight for the presumption of innocence and the principles of lenity and narrow construction of criminal statutes which are being obliterated by overzealous and politically motivated prosecutors. As the late Justice Antonin Scalia warned about this very same Honest Services Law, “…it is a dangerous slippery slope, that threatens to make lawful activity criminal, without defining what the criterion of guilt is….”
As you already know, my win in New York City as a Republican Councilman was a shock to the establishment. My fight for our 2nd Amendment rights, limited government, and against Bloomberg’s “nanny state” tactics caused an uproar. When I announced my run for US Congress the response of the democratic machine in New York was to target me and abuse the legal system. Please read the brief we have prepared and the accompanying article on my case. Share it. Comment and pass the word around. Don’t let the legacy of Obama’s Department of Justice last one day longer. Consider sponsoring or becoming an amicus brief party and send a message to Big Government that we won’t let them use criminal prosecutions to settle political scores.
Dan Halloran (R–New York City)
Member, New York City Council 2009-2014