Elizabeth Holtzman (photo: Holtzman campaign)
Max Politics Podcast: Elizabeth Holtzman Runs for Congress in the New NY-10
Recorded July 26, 2022
Listen to the audio here, or at Max Politics wherever you get podcasts.
Democratic primary day: August 23, 2022
District: Lower Manhattan & parts of Brooklyn (see map here)
Transcript:
Ben Max: [Longer intro…] Elizabeth Holtzman, thank you very much for being here and taking the time. How are you today?
Elizabeth Holtzman: I'm fine. Thanks for having me.
Ben Max: Alright. So let's hear the broad strokes. We'll get into a lot of the details of your past and your vision for representing this district in Congress in the future, but the broad strokes in terms of what drew you to this race. Why are you running for Congress here in 2022?
Elizabeth Holtzman: I'm running for Congress because these are very dangerous times. We have a right wing out of control Supreme Court trying to take our rights away. We have a former president trying to get reelected as president through fraud and deceit. We have a MAGA Congress of Republicans threatening economic rights and climate and so forth, and enabling the out of control Supreme Court and our former president. In this time, when a new district was created, I live right in I think the geographical center of the district, I said to myself, ‘I'm not a sidelines person. This country is in danger, and I have the background, the skills, the know how, the guts to take these dangers on and try to defeat them.’ And that's what distinguishes me from my colleagues, and that's the motivation.
If we were in normal times, I wouldn't be running for Congress now. I'd be on some kind of vacation. But the fact of the matter is, I don't want to look at myself in the mirror as we go downhill towards authoritarianism and worse, and say to myself, ‘I did nothing about it.’ And the fact of the matter is what I bring to this is eight years of experience in Congress. I was chair of a subcommittee, I got many bills through.
Most importantly, I took on Nixon, and I took on the anti-democratic forces at that time. I was also Brooklyn District Attorney, the first woman in New York City ever to be elected district attorney. And I took on all kinds of issues dealing with crime and violence against women. I was comptroller of New York City, where I helped to finance affordable housing, took on issues of climate, to gun issues, to pollution. So I come with a lot of experience and know how, but most importantly, I'm a practical person, and I want to get things done. I don't want to go to Congress to issue press releases, to stand in front of press conferences. I want to get things done for the people of this district and for the country.
Ben Max: You mentioned having been in Congress during the Watergate scandal, taking on Nixon in the Judiciary Committee. Are there lessons that the country learned then that have been forgotten now in this Trump era. Obviously, two impeachment of Donald Trump where he was acquitted by the Senate both times, but trying to undermine the election results of 2020, a number of scandals, obviously, and you mentioned some of those attempts and some of those forces. Your experience during the Nixon years, are there lessons the country learned that had been forgotten that people need to be reminded of, or are we looking at very different situations here?
Elizabeth Holtzman: Well, in some respects, the situations are very similar. You had presidents out of control. But we had an advantage, which was in part that the Department of Justice, actually through a special prosecutor, was moving against the president. Now we do not have that, and as you know, the Mueller investigation, when he wrote his report, was basically maligned and mischaracterized by Attorney General William Barr, who said that Robert Mueller, the special counsel, had exonerated Trump. That was a lie. That wasn't true. And a judge said that it was misleading as well. So here we had the public being told by the Justice Department that Trump did nothing wrong, that he was exonerated in connection with the Russia matter, and then after that, there's been no investigation of him, and there's been no investigation of his conduct in connection with the insurrection.
Merrick Garland has to read history. If he can't remember it, he has to read about it. The Constitution explicitly allows for the prosecution of someone who leaves office for misconduct or criminality in office. You can’t ignore that. You can't say, ‘Oh, maybe this is not good for the country. Oh, maybe we have to have healing. Oh, maybe you have to be nice to Republicans.’ That's not what the framers said. The framers said, ‘A president does something bad, the president’s a criminal, the president is open to prosecution.’ So why are we ignoring that, aAnd why are we ignoring what the Nixon process taught us? Which is that when Nixon left office, he basically never came back. Why? Because every one of his top aides was put in jail because he himself was named as an unindicted co-conspirator. Because the criminal justice process worked against him, as well as the congressional process. The smoking gun tape came from a grand jury subpoena. Where are those subpoenas today? Merrick Garland has to wake up.
Ben Max: It'll be very interesting, obviously, to see what the Department of Justice does here, especially as we continue to watch these hearings.
Elizabeth Holtzman: All I'm saying is that the insurrection took place on January 6. Our impeachment Inquiry was basically over and the smoking gun tape was released only a few days from now in 1974, almost 50 years ago. So, where’s Merrick Garland? That's what I'm saying, By this time, where are the top aides that have been indicted? Really. I mean, finally, we get someone who's in contempt, but those people Haldeman, Ehrlichman, Mitchell, were prosecuted and convicted and sent to jail for substantive crimes, not for refusing to testify.
Ben Max: This speaks to one of the pitches you're making and the reason you said you're running here for Congress, which is unique times and your unique background, as you said just a minute ago. If it weren't the current circumstances, you'd be on vacation somewhere. Say more about what makes you unique and what your pitches to voters here in this crowded competitive primary. You have a number of accomplished colleagues running, competitors running, people who are currently in office, both in Congress, City Council, State Legislature. What sets you apart?
Elizabeth Holtzman: Well, with all due respect, I mean the City Council is not the U.S. Congress, and neither is the State Legislature in Albany. So nobody aside from one candidate who is from upstate New York, and who is in his first term in Congress has any experience with the U.S. Congress. I was in Congress for eight years. I had a huge record of legislative accomplishments. So that's one thing I can bring. I would not be in this race if I didn't think I had something special to contribute, and that's what people are telling me on the streets, that's why they're supporting me, because they know my record, not just of standing up and speaking out, but of getting things done. Hust take my first term in the U.S. Congress, I brought a lawsuit to stop the Cambodia bombing. It was a landmark lawsuit and we won in the lower court and we won from Justice Douglas. President Nixon had proposed a State Secrets Act. My very first bill stopped that act from going into effect. If it had gone into effect, maybe we never would have found out about Watergate. I uncovered the presence of Nazi war criminals in the United States and started a decades-long action to bring them to justice. That's just in my first two years of Congress. So I'm just saying that there's a record of accomplishment that is really unmatched, and I'm just bringing it to the people of my district, of this district, hope to be my district, because we we need somebody who can take on this court, who's not just going to grandstand, but who actually has a record of accomplishment and knows how to get things through Congress and knows how to go outside the Congress. And so that's what I bring.
Ben Max: Say more about what that would look like, take us forward now. You're elected, let's say for the sake of this discussion you're part of a Democratic majority. That's obviously not a given and is a pretty uphill battle. But let's say you're in the majority, what does that look like? What are the ways in which you would be able to exercise that experience, that creativity? What can you tell people that would be sort of top of the agenda and the ways that you would follow through on that pitch?
Elizabeth Holtzman: OK, well, not necessarily in order, but one of the things that people are very concerned about is gun violence, and I've been concerned about it since the first time it was in Congress and as DA. Because you put a gun in someone's hand, all of a sudden, they're no longer a coward, they're a killer, and we've suffered too much with that. And it's the kind of chain that goes or tunnel or pathway that goes from the south is driving all these illegal guns into our city. We've got to do something to stop it.
One of the things I want to see, I mean, even with the Democratic majority, we may not be able to get any legislation through Congress on this issue. Of course, I would support a ban on assault weapons, large magazines, excess handguns, and also requiring gun manufacturers to become liable. In fact, the first bill that was introduced, one of the first bills in the country holding gun manufacturers liable, was one that I introduced when I was comptroller. But what I think needs to be done, aside from if you can get legislation through, great, I don't think so, but I'm going to fight like hell to get that done. But we need to start asking the federal government and state governments that buy billions of dollars in munitions from gun manufacturers to start saying the gun manufacturers, ‘Hey, wait a minute. Don't sell assault weapons. You want our business? Don't sell assault weapons,’ or if they don't manufacture assault weapons, ‘Hey, you want our business? Do not sell so many guns into the illegal channels that will get to New York City and kill people.’ That that kind of thing is actually happening in a private lawsuit. In connection with that gun slaughter that took place in Connecticut several years ago. The gun manufacturers agreed to have the gun to monitor the sales of guns. So why can't the federal government do that? We don't need legislation to make them do that. You just need someone who has that smart idea and says, ‘Let's do something about this.’ And so let's use our power, the leverage of all these purchases, to get gun manufacturers to change their behavior. That would be one of the top items on my agenda, as well as legislation in that area.
The second thing I'd want to do is deal with affordable housing because I had some experiences, comptroller in that area. We financed, when I was comptroller, tens of thousands of units of affordable housing using the city's pension funds without any risk to those funds. We could try to replicate that not only around the country, but also enhance and broaden those programs in places like New York. That's something I'd like to do because I haven't experienced doing it, and because it works. And we need to repair our existing housing stock of affordable housing, and we need to create additional affordable housing.
And the third area I'd like to work on is the environment. I mean, I'm an avid kayaker, and I know when I see the trees that are dying on the shoreline, that's a direct result of climate change because of the rising sea levels and the salt that now gets into the roots of these trees that were able to live on the shoreline 10, 12, even five years ago. So we don't have to go to Greenland and we don't have to go to the North Pole to find the consequences of these rising water levels here right in New York. So I want to take on that issue and try to get the president to take actions himself and also legislation if it's at all possible to reduce the subsidies for the fossil fuel companies to audit. This doesn't require legislation to audit whether those fossil fuel companies are paying the federal government the proper share of royalties that they owe the government. No one really audits them, it's kind of a self regulating system that never in my judgment works properly. But that's the kind of thing if we got money from those programs, if we could stop the subsidies or reduce the subsidies and get more money from the audits, we could use that money, for example, for mass transit. We can use that money for charging stations for electric cars. So there are things that we could do right now.
Ben Max: You expressed some frustration with the Department of Justice, Attorney General Merrick Garland. There's been a lot of frustration directed in that same direction, but also at Democratic leadership at the national level. President Joe Biden, Majority Leader Chuck Schumer who obviously is from your neck of the woods in Brooklyn and I'm sure you know quite well, House Speaker Nancy Pelosi. Those three, the three major Democratic leaders right now. What do you make of their leadership and how they're approaching issues like the filibuster, like using more executive powers to respond to the Supreme Court rulings on Roe and other issues? What do you make of the Democratic leadership at the national level right now? And what would your message to them be if you are in the next Congress?
Elizabeth Holtzman: Well, I need to be a little bit cautious. First of all, with regard to President Biden, we came to Congress at the same time, so I've known him and we've known each other for a very, very long time. I’ve known him probably before his wife met him. So he's a very decent person, he's a caring person, and this country owes him a debt of gratitude that can never be erased no matter what he does when he beat Donald Trump, denied Trump another term of office. He saved this country from fascism. So I'm just very indebted to Joe Biden.
Is their messaging proper? No, I think Biden has done some important things. Could he do more? Could he have gotten his act together more quickly, for example, on when the Supreme Court decision on abortion came out? They should have had a to do list ready and had all the things they were going to do. They didn't, OK, but they're gonna get it ready, and he will act appropriately about that. So I mean I'm not really frustrated. The president's got a lot on his mind. He's got a war going on in Ukraine. He's got China breathing down his neck and Taiwan, and he's got Joe Manchin saying first he's gonna help on some bills and then changing his mind. I mean, it's been tough. Plus he’s got a mess that was left to him by Trump, so I'm not going to attack him, certainly not yet. And as far as Chuck Schumer, Chuck Schumer took my seat in the House when I ran for Senate, and I think he's been trying to do a good job in the Senate. People say, ‘Well, he hasn't ended the filibuster.’ Well, you need votes, you need votes for that. And you don't even have all the votes on the Democratic side, so how are you going to do that? You can't just wave a magic wand and then all of a sudden, things happen. It doesn't happen that way. Nancy Pelosi, you have to give her an enormous amount of credit. Actually, if you go back to the Affordable Care Act that Obama proposed, if it hadn't been for her leadership and her stewardship, that legislation may have never passed the House of Representatives. We owe that to her. She's a very effective, very savvy person. Do I agree with her 100% of the time? I don't necessarily agree with myself 100% of the time. I’m not going to criticize her leadership. I think we have a lot to be thankful for.
Ben Max: There are Democrats who sort of are miffed that Biden and Schumer particularly haven't been able to sort of figure out what to give Joe Manchin to get him on board with some some version of the Build Back Better agenda, even if it's extremely slimmed down, you know, some major climate action and some other things. He's obviously shifted the goalposts numerous times it seems, and Manchin seems particularly challenging to negotiate with. But are you of that mind that you sort of are a little bit miffed as to how the president and the Senate Majority Leader haven't been able to sort of figure out what to just give Manchin to get something big done on another set of policy priorities here?
Elizabeth Holtzman: Well, that may mean nothing to give Manchin. I mean, I'm sure they're trying. It's very easy to sit on the outside and poke holes in what people are doing, but you don't know all the offers that have been made. We don't know that, and I feel reluctant to criticize the president for that because I just don't know enough about what Manchin has been offered and what he's turned down. And he's been a very slippery person. It seems to me, some people might even say he's trying to get publicity every time he turns the president down, leads him on and then turns him down. So I think it's a very dicey situation.
The real problem here is that not enough Democrats turned out in the presidential election to vote for the lower ranks of candidates, and so we got, you know, a 50/50 split in the Senate and a very narrow majority in the House. And we've got to do better. Democrats who care about it. I mean, it's one thing to attack Biden, but you really want to do something about it? Elect more Democrats to office. Make contributions, even if it's $1, or two, or five, or 20. Let's get Democrats elected — That's the way you're going to give power to Schumer and to Biden and to Nancy Pelosi to get through an agenda that we really need on climate, on guns, on women's rights.
Ben Max: Let's come back to your decision to run in this race and how the race is shaping up. There's obviously some limited polling out there and some of it shows that you've got a solid start here. And with just a few weeks to go, the largest percentage in all the polls we've seen is undecided. What do you make of the lay of the land in the race and what's your thinking on your path to victory? And I mean that in terms of there's probably some solid constituency who has known you in the district for a long time and remembers your work in Congress and perhaps as Brooklyn district attorney and New York City Comptroller. And then you obviously need to grow from that. Who are the Elizabeth Holtzman voters that you're particularly trying to appeal to, and how do you see your path to victory here over the next few weeks?
Elizabeth Holtzman: Well, given the expected low turnout in this district, I don't know that it'll be low turnout, but if there's a very low turnout, I might be able to win just with the people who voted for me in the past. I wouldn't discount that or minimize that, and not only that, but I'm joking a little bit. But the truth of the matter is, I have been so surprised and energized by the response I'm getting from voters on the street. People who know my record, who know what I stand for, are so enthusiastic about my candidacy. It's really great. Sometimes people even scream when they meet me, ‘Oh, my goodness,’ it's wonderful, it's a little embarrassing. So I think the first thing we have to do is to make sure that everybody in the district knows I'm running, and those people who support me know that I'm running, and we have to make sure that they vote — that's the critical thing.
Second thing is, of course, to expand that base of support to other people. People who know my record are very impressed by it. For example, I'm the only one in this race who Gloria Steinem is supporting. She's not a politician, she's not supporting me because she's going to be working with me next year in the City Council or in the State Legislature or in Congress or whatever. She's supporting me because of all of my decades of work of fighting for women's rights and never giving up. She knows me, and I'm really so honored by her endorsement. So I really think that when people know the record, they know that, for example, when I was DA, I was the only district Attorney in america, not just in New York City, in America, to call on the Supreme Court to ban racial discrimination in jury selection. Nobody would join with me in that. But we were able to persuade the U.S. Supreme Court to ban that and the Supreme Court acknowledged the work of my office in a footnote in their decision banning the use of peremptory challenges on a racial basis. So I mean, that's the kind of person I was, I mean, when I was in Congress, I mentioned it earlier.
In my very first year, I found out that there were Nazi war criminals living in America and spewing out their hatred and their vitriol, not to mention making an example of their criminal conduct. So nobody wants to deal with that problem. Nobody cared. Not only did I expose a problem, I didn’t just have a press conference. I worked on the problem until there was a new law that strengthened our ability to deport these people, and also got a special unit set up in the Department of Justice. When I was New York City Comptroller on climate, the mayor, who was a Democrat, proposed building nine new polluting incinerators. I worked with all the major environmental groups in New York, we got together, I organized them together, and we took on this proposal. We put an end to the proposal and that in and of itself led to the shutdown of every single polluting incinerator, municipal incinerator, New York City. That's my record, it's right out there. If people don’t want that, don't vote for me. But if people want someone who knows how to get things done, is prepared to stand up to no matter who, and is prepared to take on bad guys. That's me.
Ben Max: I see in some other interviews you're getting a version of this question. And one of the sort of criticisms you're getting in running this race is you had this accomplished career. There's a bunch of young, dynamic, Democratic progressive candidates in the race. Why potentially block one of them if you're able to be successful?
Elizabeth Holtzman: Excuse me? Why should they block me? And why should they block, no, just turn that question right around. You can’t just say I’m blocking them. They're blocking each other. They're running against each other. I'm just bringing something different from all of them in this race. I think the voters should have a choice, and the idea that someone of my age can't do the job. Well, there's some people when I ran for DA, there was a bias about women in office. I remember going campaigning when I was running for DA for the first time in Brooklyn, first time in New York City that a woman was running, voters came to me said ‘Liz, you know we love you. Great record in Congress, and we voted for you for Congress. And so forth the Senate, blah, blah. But this is not a job for a woman.’ They thought it was too tough for a woman to be DA. Well, after I was DA, they said ‘Do you know something? Women can be a DA.’ That question never came up again, never came up in Brooklyn, and didn't really come up in New York City because that preconception went out the window.
I think as soon as people see that I've got the energy and the guts, the intellectual ability, and the physical ability to do this job, then they're not going to judge me on basis of how many years pass by chronologically, how tall I am, how much I weigh, the color of my eyes, no. They're going to try to assess, am I someone who's going to fight for them? When the chips are down, am I going to fight for them? And is anyone going to buy me off or stop me from doing that? And am I going to fight for them, not just stand up and fight for them, but fight in a way that's going to produce results? That's what people want, and I think that's how people are going to vote.
Ben Max: Just to be clear, I was not questioning your ability to do the job. It was more a question about the decision whether or not to sort of say, ‘OK, the next generation is coming up and I'll you know let the next congressperson be from the next generation’ or something along those lines. But point taken.
Elizabeth Holtzman: But maybe if we weren't in this emergency time, that point would resonate. But it's not resonating with me now because I know how close we're coming to fascism in this country. And everybody basically knows that except the MAGA Republicans, and so we can't go around with business as usual. That's not what's needed now, and I think people in this district understand tha, and that's why I'm running. And I don’t need on the job training.
Ben Max: Do you get a sense of ageism in some of the criticism you're getting?
Elizabeth Holtzman: No, not from the voters. When I go out on the streets, when people see me in the middle of that hot sun, campaigning, handing out leaflets, talking to people, walking around. She can can do the job now.
Ben Max: What about from your competitors?
Elizabeth Holtzman: Well, none of my competitors have said that to me to my face. I don't know what they say behind my back.
Ben Max: No, no, I haven’t heard anything. I’m just not at every forum or every block party or wherever you might bump into some competitors or be on the stage with them. Alright, so say a little bit about what you've been doing since leaving elected office. I You've been involved in some appointed positions, but you've also been in some private practice. Tell folks just a few highlights of sort of that private sector work and what you've been up to in the recent decades?
Elizabeth Holtzman: Well, as people may know, I'm a lawyer. I was one of the women in a very small group of women admitted to Harvard Law School when I went there. There was a quota on the admission of women when I went to Harvard Law School. Anyway, so I've been practicing law, but people just won't let me practice law quietly, so I've been asked to be on several commissions, federal panels. President Clinton appointed me to a panel dealing with secret classified U.S. records on Nazi war criminals. The U.S. government had worked with Nazi war criminals. It was a secret and ugly history, and that required declassifying documents in the possession of the CIA and other intelligence agencies. And I was one of three members on a panel overseeing that declassification effort — one of the biggest in this country's history.
Then I was asked more recently to serve on two panels dealing with sexual assault in the military. That was very interesting. We had to deal with reviewing the military code of justice. We had to review different kinds of procedures that were in the military, some of which did not protect victims properly, and they were trial procedures that were not, in some cases, adequate. So we had to review the entire way in which sexual assault victims were treated, and the process took place, and write reports on it, and make recommendations. That was a lot of work, and I was very privileged to be part of that. I hope we made a difference. And then of course here in New York, I was asked to serve on the transition committee for the Attorney General Tish James and then also for Ken Thompson who became DA in Brooklyn and sadly died not too long after he took office. So I've kept my hand in government, not so much in politics since then.
Ben Max: You could probably list 20 of these, but name one very sort of hyper local issue in the 10th congressional district that you would really pay close attention to. Obviously, listeners here and I heard you speak broadly about climate and housing and gun violence. Those are obviously broad, sweeping issues, but in terms of like a local issue of concern to one of the communities in this NY-10 district, what's something sort of top of mind that you would look to take on in Congress, whether it's securing more funding for something or it's changing regulation, or whatever it might be sort of a hyperlocal neighborhood community issue that's top of the agenda for you?
Elizabeth Holtzman: Well, not hyperlocal, but pretty local is the cleanup of the Gowanus Canal, which it's a toxic site. It's one of the most polluted areas in the country, and that pollution is something that doesn't stay right in the canal. It affects the surrounding neighborhoods. There's a lot of development going on in connection with that, and there's a cleanup of the canal. There's some environmentalists and local activists who were concerned about that. I want to understand the issues in depth. I want to deal with, if a cleanup is not proper, you can be sure I'm going to fight tooth and nail. I mean, that's one of the reasons that we fought that incinerator plan. We actually went out, my office actually went out, and tested the burn temperatures of the existing incinerators and we saw that the burn temperatures were too low to burn off dioxin, which meant that dioxin was being released right into our own communities in New York City. Wll, we publicized that, and we got that plant shut down,and we got those incinerators shut down. And that's the kind of thing I'm going to do. I'm going to find out the facts. I'm going to meet with the community. And I'm going to try to make sure that whatever cleanup that takes place there is thorough and proper and broadly acceptable scientifically and environmentally.
Ben Max: You're listening to Max Politics here with Ben Max. We're in our last few minutes with Elizabeth Holtzman who's running for Congress in the new 10th congressional district in New York, which includes a large section of Lower Manhattan and a swath of Brooklyn, including neighborhoods in downtown Brooklyn, Gowanus, Park Slope, Red Hook, Sunset Park, Borough Park, and more. Just a few last questions here. A couple of sort of short answer questions I'm asking all the NY-10 candidates that I'm talking with are these following a few. Do you think it's time for the Rikers Island jail complex to be under a federal receivership? There's a monitor, there's some debate with the Adams administration about how much time they should have to enact their reform plans and whether there will be a federal takeover of the jails. Do you think it's time for that, or do you think more time for the Adams administration to turn things around is warranted?
Elizabeth Holtzman: I think it's long past time for the federal government to have taken over Rikers Island. I'm sure that the mayor is doing this in all good faith, even though the Corrections Department and they're committed to do the right thing, someone after the court denied a federal takeover, someone else died. I mean, that's unacceptable. We cannot have people dying because corrections officers or this system in the jails is not adequate to provide proper medical care. We cannot have that happen. That's unacceptable, and it's been going on too long. So as far as I'm concerned, something's wrong with what happened with the monitor. The monitor should have been out there screaming and yelling. I don't know why the federal government wasn't more insistent. Maybe they should have thought about appealing the order of the judge, but I think it's an emergency situation when people are dying, and unnecessarily so. And I don't know what the city government is doing about it. Maybe they ought to be taking some more action with the City Council and state government, where were they in all of this? So I really just think that the action should have been taken before, and it's too late. I mean, it's not too late. It's delayed. It should have been done, and it still can be done and should.
Ben Max: The New York City Housing Authority, public housing, obviously, there's a federal monitor there as well. There's tens of billions of dollars that have been part of different drafts of the Build Back Better plan that we were discussing earlier. There's a lot of hope that somewhere in the neighborhood of $30 to $40 billion would be heading to NYCHA from the federal government for much needed capital repairs. But short of that type of immense funding, is there a NYCHA revenue-generating strategy that you support? There's a variety of methods that are either partly underway right now or that have been long debated. Is there anything to bring revenue in for NYCHA repairs that you're particularly supportive of that isn't just the federal government sending an immense amount of aid?
Elizabeth Holtzman: Well, I mean, I have to study the various proposals further. I think they should be reviewed. But I think one of the things that has to also be examined very carefully is how the money that they're already getting is being spent and how those repairs are being done right now. I mean there is maintenance going on right now, but it's apparently quite horrible and totally inadequate. So a lot has to be done with regard to public housing.
Years ago, public housing was a gem, not just for New York City, but for the country, providing safe, clean, affordable housing to people in need in New York, and that's what it has to be and it's been neglected for too long. It's going to be something that I will pay attention to, and if I can be helpful, you bet I will be. I think we can look for new sources of money, that's important, but we also have to make sure that the monies that we're spending are being spent properly. I mean, what I mentioned to you before about auditing oil company royalty payments. Right now, we're subsidizing the oil industry in many ways, and one of the ways that we may be subsidizing them is they pay a certain royalty on the gas and oil they withdraw from federal lands, but nobody's auditing them. So how do we know that they're telling us the truth? I mean there could be billions involved there. We can't just let money go without checking and that's the kind of thing I think we need to be doing because you've got that money, you could then use it for mass transit, you can use it maybe for non-climate cleanups things, such as housing.We need the money and we can use it, we can put it to very good news. But we got to make sure also that the money is used properly when it gets to the object.
Ben Max: I mentioned in the introduction that former Mayor de Blasio dropped out of this race recently. You've seen a lot obviously in your time and in your government tenure and since. What do you make of what happened to his prospects and his political standing? This was obviously someone ushered into office as a progressive response to the Bloomberg years. He had eight years as mayor, which until the covid crisis, he had many advantages in a robust economy and low crime. And now he enters this congressional race and drops out after receiving so little support in an area that includes his original political home base in Park Slope. Any sort of takeaways that you have of that arc for him and what sort of went so wrong for him?
Elizabeth Holtzman: I don't really want to comment about Mr. de Blasio. I like to talk more about questions about what can be done in the district and what needs to be addressed. I mean one of the other issues that has come up has to do with this new park that's going to be created on the Lower East Side that apparently is designed to be very resilient. In the process, 500 trees were cut down. I mean to me, cutting down trees, why are we doing that?
Ben Max: I think most, if not all, were being moved as part of the construction process.
Elizabeth Holtzman: No, no, no, no, no. You can’t replace old trees with new trees. Read a book called “The Hidden Life of Trees” and that'll tell you that it's not a substitute. And I just remember when I was a congresswoman and the Department of Transportation, U.S. Department of Transportation, wanted to give us money to repair Ocean Parkway, which is a beautiful street design by one of the great designers in our country's history. He designed Central Park and Prospect Park. They said, ‘Oh, well, we're going to put up jersey barriers and we're going to cut down the trees. And guess what? I said, ‘You're going to do the highway and you're going to repave Ocean Parkway and make it a beautiful street, but you're not cutting down one tree.’ And that's what happened. So if you put your foot down about cutting down trees, you can succeed.
Ben Max: Your understanding is that a major resiliency project there could have been done without cutting down trees.
Elizabeth Holtzman: I don't know that it could have been. All I know is that if I were a congressperson, and somebody came to me with a project that involved cutting down 500 trees, I'd look at it not once and twice. I'd look at it 100 times before I went ahead with something like that. And I'll tell you something, if you tell people they can't cut down the trees, they can always figure out another way to do it.
Ben Max: Alright, well, we will leave it there. Interesting thoughts from Elizabeth Holtzman, my guest today. Thank you for taking the time. Elizabeth Holzman is of course a former member of Congress, former Brooklyn District Attorney, former New York City Comptroller and now a candidate for Congress again in the new 10th congressional district of New York spanning parts of Manhattan and Brooklyn. Thank you for the time and be well.
Elizabeth Holtzman: Thank you very much.
***
by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Dan Goldman (photo: @dangoldmanforny)
Max Politics Podcast: Dan Goldman Runs for Congress in the New NY-10
Recorded July 8, 2022
Listen to the audio here, or at Max Politics wherever you get podcasts.
Democratic primary day: August 23, 2022
District: Lower Manhattan & parts of Brooklyn (see map here)
Transcript:
Ben Max: [Longer intro…] Dan Goldman, thank you very much for being here and taking the time. How are you today?
Dan Goldman: I'm great, Ben, thanks so much for having me on.
Ben Max: So explain just a little bit of your background and resume, we can get to other pieces in a moment. But those are the big and broad strokes of your recent high-profile work. Start us off with your brief overall pitch here in terms of your rationale, why you're running for Congress in this new 10th district of New York, and why you want to represent the district in the House of Representatives.
Dan Goldman: Well, Ben. The threats that we are facing around the country and within the city to our basic foundations of democracy, our free and fair elections, did not end in 2020. And in fact, January 6 was just the beginning, not the end of the Republican efforts to change laws around the country to allow Donald Trump to steal the next election. It is not a joke. There are laws that are being put forward in many states, which will allow the state legislatures to overrule the vote of the people if there are allegations, just mere allegations of fraud. So this is very, very serious. It's far more serious than I think a lot of people recognize. And as someone who has been on the frontlines in Congress, fighting to defend and protect our democracy in leading the impeachment investigation, I am uniquely qualified to take on this very, very important fight to protect and defend our democracy because without our free and fair elections and without our democracy, we cannot put forward, we cannot move forward on any of the policy goals that so many of us in this Democratic primary share.
And so I want to get down to Washington to be the bulwark against Trump and the Republican Party, which are not only undermining our democracy, but undermining our fundamental rights. And I think we need new and fresh voices with creative ideas for how to tackle long-standing problems where the same old playbook has not worked. I used some of that same creativity in proving the case against Donald Trump as part of the impeachment, and I'm hopeful of getting the support of the voters in the district to go back to Washington and use that creativity to defend our democracy, protect our fundamental rights, and move forward, actually make some achievements to make the lives of the families and the constituents in the district better.
Ben Max: Let's say you're elected here and you take office in January, and let's say, which it’s definitely not a given, but let's say Democrats remain in the majority in the House and you're part of that House majority. What kind of tools would you try to use to do what you just outlined in terms of trying to not let Republicans subvert election results and to preserve the democratic process in the United States? What are some of the specific ways that that can be done?
Dan Goldman: Well, one thing that I would want to initiate is some sort of public hearings on disinformation and false misinformation that Republicans are spreading about the elections in this country that appear to be their very thin basis for passing many of these laws. There is very, very extensive statistical data that shows that voter fraud is not a thing. To the extent that voter fraud happens, it happens so sporadically and individually that there is no fear of voter fraud leading to any uncertainty in elections. But that is the basis for these Republican legislators to pass these laws, and it is bogus. So the best way to spread that news, to explain that to the American people, is to do it publicly through Congress, through hearings, and so that is one thing that I would call for is. Let's lay it all out.
Donald Trump initiated an election integrity commission or something led by Kris Kobach right when he took office. It disbanded within a few months without producing anything because there is nothing. Well, let's actually have some Democratic hearings that will expose the fraudulent misrepresentations, the disinformation, that the Republicans are putting forward in order to justify these laws. The American people need to understand in a way that they don't right now that voter fraud is not a thing and it's not a foundation, or it doesn't need correcting by any laws. So that's one example.
There are other examples I have for other different areas. Gun control, for an example. We have for too long begged our Republicans in the House and the Senate to come together to do gun control legislation. It hasn't worked. We got a little bit this most recent time because the Republican talking points failed. There wasn't a mental health issue with a Buffalo shooter, he was just a raging antisemite and racist. The school in Uvalde was well secured by armed officers, and that didn't work because they were afraid of a semiautomatic weapon. The Republicans were backed in a corner and they had no explanation for why they weren't going to do anything, so they did something, but it's not enough. So let's investigate the gun manufacturers and the gun dealers who have so much control over Republicans in Congress. Let's see what they know about what their marketing and advertising does in relation to these mass shootings. Let's see if they're targeting 18 to 22 year olds, who are young with these semiautomatic weapons, which are the most profitable for them. Are they putting profits over people's lives? This is the kind of creative thinking that we need in Congress because we can't continue to operate as if the Republicans are good faith actors when they're not. They act in bad faith these days, so we have to figure out alternative ways to put pressure on them to bring them to the table.
Ben Max: The hearings, you mentioned on misinformation and election integrity, would those be in Washington, D.C.? Could you foresee a strategy where you try to take those on the road in some way and actually go to places in the country where you know Donald Trump's hold on the electorate seems very strong and try to actually go into people's communities and present more facts locally? Do you think enough gets out there from Washington? These hearings on the January 6, 2021 insurrection seem to be getting a lot of attention. They're getting a lot of viewership. It's not, of course, always clear who that is and if it's all Democrats basically watching, but is that one way to potentially break through? Do you have any sort of strategies as to how you reach this segment of the population that seems to really operate in a different media ecosystem, operating under a different set of quote unquote alternative facts here? Any thoughts on how to really break through on that?
Dan Goldman: I think you've hit one of the biggest problems right on the head because so many Americans are not getting the truth. And it's not just about as you point out voter fraud, it's about the 2020 election. The number of people in America who believe that it was a fraudulent election is startling, it is disconcerting, and it is a reflection on the fact that Democrats, I think, need better messaging, need better messengers, but need I agree with you — different tactics and a little bit more creativity. We have to go to the people themselves, we have to reach them. And I think that we should use some of your creative ideas about engaging state legislators. That's something that I've mentioned before is getting state legislators on the Democratic side involved and trying to help them bring information. I frankly think that we should use paid advertising in some of these states just to provide information because people are living in a very, as you point out, a very narrow Fox News-driven media ecosystem with these right wing alt-right websites. They're concealing the facts. They are absolutely misinformation vehicles that are concealing what is actually happening, and if we don't all agree on the facts, it's very hard to move forward. So we're in a very unusual and unprecedented time where we're not arguing about the same facts and which way to use those facts to improve lives of Americans. We're arguing about the facts, and if we don't agree on the facts, then we can have a discussion about the best way forward.
Ben Max: As a former lead counsel in an impeachment inquiry of a president, as former assistant U.S. attorney, you must have unique perspective on what the Department of Justice is and isn't doing related to the January 6 interaction, related to the outcomes of some of these Supreme Court rulings, related to a number of issues. Do you think that the Department of Justice, there's a lot of criticism coming from Democrats that the Department of Justice and Attorney General Merrick Garland seem to not really be taking an aggressive approach on a whole number of issues. What are your thoughts on that criticism of DOJ and what's your sort of message to the general public really about how to look at this issue?
Dan Goldman: My message is pretty simple, which is be patient, which is very hard to do, especially as we're watching these incredibly compelling and powerful hearings from the January 6 committee in Congress. And it looks so bad and it looks so obvious that there were many crimes committed and how come Merrick Garland has taken so long. What I have stressed and what I would stress from my 10 years of prosecuting, not obviously cases like this but sophisticated and complex cases that, always standing up to the mafia bosses, to the powerful to the corporate fraudsters.
I spent my career standing up to the powerful, including Donald Trump when I was down in D.C. But what is so important to understand is in order to make any case, and especially a case like this, that is a sprawling, massive, widespread conspiracy, it takes an incredible amount of work. You need to interview all of these witnesses because even if they might not have information that is especially helpful to you, you need to know that and you won't know that until you interview them. You need to know what they know and what they don't know and what the defenses would be so you can anticipate a defense because you have to understand the whole picture in order to actually indict someone and charge them and potentially take away their freedom. It's an incredibly important and awesome responsibility to indict someone, to charge them with committing a crime, where the ultimate punishment could be that they go to jail. That is not a laughing matter and that is not something that anybody should take lightly. So I would say, as I watched these hearings, the evidence is really powerful. But it is something that the Department of Justice is going to have to methodically work through, and that's not going to happen before the November elections. I think the best case scenario is the decision is probably made in spring of 2023.
Ben Max: And when you say the decision, you mean whether to charge Donald Trump?
Dan Goldman: Well, look, I think there are other people who are in the crosshairs. There's no question Rudy Giuliani and Mark Meadows and John Eastman should be in the crosshairs of the Department of Justice. But again, any of these witnesses that we've seen and even some of them that we haven't seen, but the people who were involved in this what appears to be a pretty widespread conspiracy, they could cooperate with the Department of Justice at any time. Well, that would be a great break for the prosecution. It would help them to really understand the inner circle and what was going on, but that will also take a lot of time to vet and to understand. So if John Eastman decides that he is actually going to cooperate, well you're going to spend days and days with John Eastman been going through every detail, and then that will lead to additional witnesses, and you'll need to talk to those witnesses.
And that's why when everybody talks about prosecutions, and this really is similar to organized crime prosecutions that I did when I was in the U.S. Attorney's Office, you really do need to sort of work your way, maybe not from the bottom, but certainly from the middle on up to the top because Donald Trump doesn't email, he doesn't text. You need witness testimony most likely in order to be able to convict him. Obviously, there is some good witness testimony that we've seen. There's some recordings with Raffensperger, that's very powerful evidence, but you need to fill in all the gaps.
Ben Max: Alright, we could talk January 6 and the committee and DOJ and other things for hours, but I want to move on to a few other things. Some of your commentary about new approaches, creativity, a number of challenging issues that are of course facing the country and facing Democrats who are in control right now of the White House and both houses of Congress, obviously, very narrowly in both houses, really. Some of what you're saying seems to be an indictment of leadership on the federal level. Speaker Pelosi, Majority Leader Schumer, President Biden. Is this generation of leadership, are you among those who think they are really sort of missing their opportunity here to be more creative and aggressive and that this generation of Democratic leadership really needs to figure out a way to either allow some new ideas and approaches in or sort of step out of the way?
Dan Goldman: No, I don't think this is a leadership issue. I think the leadership is trying to corral a very diverse caucus, especially in the House. And I think that there's a lot of pressure from a lot of different sides. I worked closely with Nancy Pelosi when I did the impeachment. She is one of the very few most impressive people that I have ever worked with. She is brilliant, and she just is managing so much. I actually think it's more a problem with a broader swath of Democrats and the approach that they take, which is I think a very sort of ideological approach that is not based in pragmatism or realism in some cases.
And I think what you'll find as you look at the race, Ben, is that a lot of the policy views that the candidates have, including me, are not so different, but what is very different is the approach. And I read that one of my opponents made a comment about Build Back Better that the House passed it, now it's up to the Senate and the White House to do it. And that is not the way that I would approach things. In order for something to actually get passed and into law, you need the House, you need the Senate, and you need the president, and everybody should be operating from that perspective. If you truly do want to move the ball forward and get something done, even if it's not everything that you believe, but it is better than what exists, then the House and the Senate need to be coordinating. And I think there's a breakdown of coordination, a breakdown of trust. I've seen some sort of nasty insults fired away from House members to Democratic members of the Senate. The infighting is counterproductive, and one of the things that I would want to do when I go down there, is I would want to be a voice of reason and a voice of pragmatism, and I would want to get my House colleagues together with our Senate colleagues to try to figure out something that can work given the current dynamics, whatever they are.
I think that one of the problems we run into in politics these days is we were just talking about with DOJ. Everybody expects everything to happen tomorrow. Well, what we have learned in watching the Republicans slowly take over the judiciary branch and the Supreme Court, that was a decades-long operation strategy where they just incrementally floated some of these far right extremist legal theories. And they floated up through the lower courts, and then they were rejected, but then they had more people buying into them, and then more and more, and now you have this incredibly extremist radical Supreme Court that is rolling back fundamental rights for the first time in our history. That did not happen overnight, and I think what we Democrats need to understand is there needs to be a longer-term strategy. Not just go as hard as we can right now, insist that everything gets done right now, and if not, we're going to throw up our hands. So one of the things I want to bring down is not only creative thinking, but more strategic thinking, more tactical thinking, more game theory. Let's game out how this is going to go, what is the first step we need, the second step we need, the third step. We're going to go from A to Z, but we can't skip all the letters in between and I think that's what's missing. And so I think leadership has a very difficult time managing so many different approaches, which are often not consistent with each other.
Ben Max: So obviously, you're running somewhat on the resume that I mentioned and you have a different background than a number of the other candidates who have been in local elected office or are currently in local elected office. The flip side of some of that is the sort of connections in the communities and the neighborhoods of this district. Do you have those? Have you been active in any of the communities of this district? I know you live in Lower Manhattan and you're a parent, but what are your sort of ties on the ground? Or is it that you've been doing this, this other important work, and that's just not a way you’ve been able to spend your time? What's the sort of pitch on the local level here to voters in this district in terms of your connections to the communities of the district?
Dan Goldman: I’ve lived in this district now for more than 15 years. I'm raising my five children in the district, some of whom go to school in the Lower Manhattan portion of the district, and some have or currently do go to the school in the Brooklyn part of this district. So I actually have great familiarity with both sides of the river as part of this district. I also worked at the U.S. Attorney's Office in the district for 10 years, and part of my requirements there is that I could not engage in political activity outside of the office. So I am relatively new to sort of the political world, but I'm not new to these issues. Before I was in the US Attorney's Office, I worked very closely in law school with Michelle Alexander and I contributed to her book, “The New Jim Crow,” which is a seminal work on inequities in the criminal justice system. I have been a lifelong champion of social justice, of civil rights.
I've invested a lot of my time and energy in anti-poverty organizations in the city, as well as early childhood education and early childhood development, which are areas that along with criminal justice reform, I bring a real expertise about and that I will push very hard when I get to Congress. So I think what is important for those in the district to understand is I served as a lawyer, I am a lawyer, but my only client as a lawyer has been the United States of America, and I've tried to do my very best to represent the United States and in every aspect that I've done. And I am an incredibly hard worker, and I think I've had success in representing the United States as a lawyer. Now, I want to represent the constituents of this district as a United States congressperson. And in many of the same ways, I would expect to understand and learn all of the community issues, many of which I have already been speaking extensively about and have very good relationships with a number of the community members, and I will represent them very well. And I recently got an endorsement from Park Slope Assemblyman Robert Carroll, whose district is in a significant portion of this district, and I think what Bobby said about why he ultimately endorsed me over two of his colleagues in the state Assembly is that we're just in a different time period right now where the threats to the country that we've known, the existence of this country as we've known it, are greater than ever before. And what we need right now is somebody with the skills and experience to take on those fights, to preserve, defend our democracy, and then someone else who can be really creative and thoughtful in moving forward on the local issues that matter so much to the constituents. And that's something that I've done all my life, and I would be very excited to do as a member of Congress.
Ben Max: You're listening to Max Politics here with Ben Max from Gotham Gazette. I'm joined by Dan Goldman, a Democratic candidate running in the primary that will occur in August for the new NY-10, the 10th congressional district of New York, including large portions of lower Manhattan and a big swath of Brooklyn, including a whole bunch of neighborhoods from downtown Brooklyn to Gowanus to Park Slope, Red Hook, Sunset Park, Borough Park, and more. Dan Goldman, just a few more minutes with you here, a couple more questions. In that similar vein, it seems like you've been looking for an opportunity to jump into politics in elected office. When New York Attorney General Letitia James was running for governor briefly, you among others jumped into the attorney general primary that wound up then everyone being vacating for Tish James, when she decided not to run for governor. Say a little something about sort of that turn of interest and how should people understand then turning your attention to a congressional race? A run for New York Attorney General obviously seems to suit your background, obviously, of course, being in the House also, you can use some of that experience and skills. But in terms of the shift to elected office in politics, what's the sort of background there of your thinking and how that shift is going for you?
Dan Goldman: Well, as you pointed out, I've always worked in public service and a big part of the reason that I decided to sort of throw a complete monkey wrench in my family and commute down to Washington for almost a year and a half to work for Adam Schiff and the Intelligence Committee and ultimately lead the impeachment investigation is because I recognized what a threat to our country Donald Trump was, and I wanted to do everything that I could to be a check and a balance and push back against him. And unfortunately, even after he lost the election, he has not gone quietly into the good night.
And so part of the reason why I was interested in running for Attorney General is very consistent with why I'm interested in running for Congress right now, is that these threats from Donald Trump and the Republican Party that he controls, and let's not mistake this — he still controls the Republican Party. Those threats are not gone, and what we're seeing is a rollback of our rights, significant existential threats to our democracy, our elections. There is a a very concerted effort now, even recently in the Supreme Court, not only overturning Roe, but preventing states from passing laws to keep guns off the streets to keep the citizens safe, including in this particular instance, New York State and rolling back the the ability of the EPA to monitor climate change and to reduce climate change. Everything that we care about is going in the wrong direction, and I happen to have skills and experience that I think are very relevant to the issues facing New Yorkers and Americans today. And it is very consistent with my personal desire to have done public service, but this is what I think we all need to move forward, and this is a crisis that we're facing. And so the reasons I jumped in the AG race are very consistent with the reasons I'm jumping in here is I want to get back on the front lines to fight for the people of New York, to fight for Democrats around the country, to fight for patriots and Americans who believe in democracy and believe in individual rights and freedoms. That's what this country is all about. That's what has given so many of us such incredible opportunities, and I feel compelled to fight for that until I cannot fight any longer.
Ben Max: Alright, in closing, we could talk about each of these for 10 minutes each, but give me a quick answer on each of these. One of your opponents in the race is former Mayor Bill de Blasio. What's your sort of quick headlines on what you think of his record as mayor of New York City?
Dan Goldman: Well, the good thing about Bill de Blasio is that he has close to 100% name ID, and that means that everybody knows him and everybody has an opinion about. And so I welcome each voter to make their opinion about him known on election day.
Ben Max: Alright. Do you think that the Rikers Island jail complex should be brought under a federal receivership?
Dan Goldman: I think Rikers Island jail complex should be shut down. I do think there needs to be greater oversight of it from the federal government. But I think the biggest priority right now is to end Rikers, and we need to move forward on an alternative situation so that we can close Rikers down.
Ben Max: The New York City Public Housing Authority is in need of tens of billions of dollars in repairs, as I'm sure you know. There was a recent movement with a state bill to create a new preservation trust to raise some of that money, but there's big gaps. Other than tens of billions of federal dollars just being sent to NYCHA to address those major capital needs, which again, is always potentially possible in something like Build Back Better. But other than that, is there a specific strategy you favor for raising more money for public housing repairs in New York City? There's a variety of other strategies that are out there, controversial ones. Any specific strategy you think that NYCHA needs to move forward on in the absence of those billions of federal dollars?
Dan Goldman: I will push incredibly hard and will work incredibly hard to get federal dollars for NYCHA. I think that the community trust that was established by the state is a very good vehicle, and I think it actually could be a hook to try to get federal legislation. But the affordable housing problem in the city is not just with the disrepair of NYCHA buildings, which is just not something that we can allow for anymore. It is a function of a lack of housing and a lack of good housing more broadly. And I do have some serious ideas about how we can create more and better housing. One example is that I believe 5 World Trade Center should be 100%, affordable housing, and that it should be available first to the survivors of 9/11, as well as those who have lived in the community, post-9/11, and who endured so much of the the effects of the cleanup. But that is one way where I do believe that the community should receive some further benefits from all of the development that we've had downtown.
And I will work very hard to work with real estate developers to make sure that they are incentivized to continue development, while also requiring them to give back more, especially in the way of affordable housing, because I think the best way for us to create more and better housing is to allow the experts in that area to do it while insisting that government incentives yield greater results for the community, and where it's been lacking in a lot of these rezonings and these development is that there is not enough required of the developers to make the rezoned areas, to improve them for the communities, whether that's parks, schools, daycares, medical facilities, mass transit, and of course and most importantly, affordable housing.
Ben Max: Last two. I saw your campaign. You tweeted a photo going to vote in the primaries we just had last month in June. Were you a Kathy Hochul, Jumaane Williams, or Tom Suozzi voter in the governor's race?
Dan Goldman: I proudly voted for Kathy Hochul. I think she was dealt a very difficult hand without any transition period, and she's gotten on her feet very well. She is navigating some very tricky waters, but I've generally been very impressed with the job that she's done.
Ben Max: And lastly, I've heard you talk about this in other interviews. We didn't really get into this this time, but maybe in the future we will. Public safety, you've prosecuted gun trafficking cases you've noted. Just give us one thought on a strategy that you would pursue in Congress to help reduce the flow of guns that's realistic, that's something that if you are let's say in a House Democratic majority, but you're facing the current Senate dynamics or even a Republican Senate, something sort of realistic, but that is a specific strategy that you would look to take at the federal level related to guns in the United States and in New York.
Dan Goldman: Well, I think there are lots of different ways that we need to approach this. The first thing I would say is that I think we can have justice and fairness. I think we can improve the fairness of the criminal justice system. We can reduce the number of people going to jail by diverting first-time nonviolent offenders out of the system and into either educational or vocational training, and so that they don't become these recidivists that I think so many of us are frustrated to see. And we also need to improve funding for mental health treatment to allow for experts to deal with domestic violence and homeless problems that the NYPD spends way too much time on. We ought to try to have the NYPD focus on what they are good at, which is fighting crime, and part of that is fighting gun crime.
So a couple of things that I would do. One is II would reinitiate a program that I was a part of when I was in the Southern District of New York, which was called the Trigger Lock Program, where basically, a lot of gun possession charges in the state should go to go federally, because the laws are a little bit easier to prosecute and some of the punishments are more severe. I draw a significant divide between violent crime and gun crime and non violent crime, and I think that what we have to do is be very, very strong on violent crime. We cannot allow for people to be afraid to walk down the street or go on the subways, and so we need to aggressively combat violent crime. So that's one area. I would also include ghost guns and would update the gun trafficking laws to make them easier to prosecute. And I would also strengthen some of the penalties for failure to register a gun and failure to abide by the general gun laws. So we've got to stop this iron pipeline, and part of the way to do that, I think, is to increase penalties. And part of the way to do that is to be a little bit more thoughtful about how we investigate these crimes.
Ben Max: [Longer outro…] Dan Goldman, thanks very much for all the time and be well.
Dan Goldman: Thank you so much, Ben. It was really great to be with you. Thank you.
***
by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Voters on the move (photo: Edwin J. Torres/Mayoral Photo Office)
There are less than three weeks until primary day, August 23, and the deadline for voters to request an absentee ballot is Monday, August 8. In New York’s 10th and 12th congressional districts, where there are heated Democratic primary contests underway, absentee ballots may play a particularly significant role under the peculiar circumstances of the election.
“Absentee ballot organizing is likely to be the single most important factor in determining the winner of these races,” Neal Kwatra, founder of Metropolitan Public Strategies, told Gotham Gazette. “It’s of paramount importance in both races.”
Absentee voting played a very limited role in most New York elections until the COVID-19 pandemic, but since rules were loosened under emergency order in 2020, the significance of vote-by-mail has been far greater. But many campaigns have always made sure to have so-called absentee ballot programs in order to reach out to those who typically vote absentee. Those efforts have only intensified in recent years, becoming an absolute necessity in any close or unpredictable race.
The state’s chaotic redistricting process this year led to a judge ordering new maps for State Senate and U.S. House of Representatives districts and for the primaries for those seats to be held in August rather than June. (State leaders decided to leave the statewide and Assembly primaries in June.)
New York has never held a primary in August before and turnout is expected to be low as the temperature climbs and many New Yorkers leave the city for annual vacations, especially among the many wealthier communities of both districts. The two districts are also home to the areas of the city with the highest voter turnout in every election.
The newly drawn 10th District, which covers Lower Manhattan and parts of Brooklyn, has drawn a crowded field of a dozen candidates. The leading contenders include Assemblymembers Yuh-line Niou and Jo Anne Simon, City Council Member Carlina Rivera, Representative Mondaire Jones, former Representative Elizabeth Holtzman, and attorney Dan Goldman, a former federal prosecutor who led the first Trump impeachment trial.
In NY-12, longtime Democratic congressional Reps. Jerry Nadler and Carolyn Maloney have found themselves at odds in a new district that combined the East and West Sides of Manhattan, from roughly 13th Street to 110th Street, with variation on each side of Central Park. A third candidate, Suraj Patel, who twice previously ran unsuccessfully against Maloney, coming close in the 2020 primary, has also emerged as a strong rival in the race.
Experts like Kwatra, a political consultant who advised former Mayor Bill de Blasio's NY-10 campaign until he ended it in July, agree that absentee-ballot programming is of utmost importance for these two races. Candidates and campaigns say likewise, and some said their campaigns are carrying out robust programs to encourage as many voters to cast a ballot as possible. There are a number of other competitive races taking place for State Senate and Congress in the city and beyond where absentee balloting will play an important role, but the 10th and 12th congressional district primaries will likely see the most such votes cast and they are perhaps the most-watched given their special circumstances including, respectively, a rare open seat and a race featuring two 30-year incumbents.
In January this year, Governor Kathy Hochul and the state Legislature approved a measure that would allow anyone to request an absentee ballot for fear of contracting covid, an extension of the pandemic-era executive order first approved in 2020. Previously, voters could only request an absentee ballot if they expected to be out of state on the day of the election or if they had an illness, physical disability, or if they were the primary caregiver for someone who is ill or has a disability, among other reasons.
In the November 2020 general election in New York, a record 662,314 absentee ballots were cast citywide, compared to just under 67,000 in the pre-pandemic 2018 general election. Absentee voting is harder to compare in primaries in those years. In 2020, there was a presidential primary and a consolidated state and congressional primary, while in 2018, separate primary elections were held for congressional and state races in June and September respectively.
The Legislature also passed bills last year and this year to expedite the process of counting absentee ballots and to protect ballots from being improperly invalidated when the express intent of a voter is clear.
“Obviously [absentee ballots] are very important in an August 23 primary,” said Bob Liff, a spokesperson for the Maloney campaign, in a phone interview. “Having an August primary is not something anybody is used to and it's something we have to deal with. And yes, we're doing extensive early voting and absentee ballot outreach.”
Without offering too many details, Liff said the campaign is sending out mailers, advertising, conducting door-to-door outreach, and reaching out through political clubs.
Liff noted that voters in the 12th district are among the most motivated Democrats in the city who tend to turnout in higher numbers in every election. “We're gonna have a significant turnout. We always do in this district,” he said.
Indeed, in the June primary, Assembly districts covering the Upper East Side and Upper West Side of Manhattan were the top four of 13 districts in Manhattan in terms of total numbers of absentee ballots requested and returned by Democrats. Assembly Districts 67 and 69, which span the Upper West Side, accounted for 2,968 absentee ballots returned and Districts 73 and 76 covering the Upper East Side accounted for 3,440 absentee ballots. A total of 12,702 absentee votes were cast by Manhattan Democrats.
But he conceded that an August primary is “uncharted territory” and is hard to compare with previous elections.
“I think regardless of any differences any of the campaigns have, every single campaign would come together and agree that August 23rd is the absolute worst possible day you could have for a primary election,” said Julian Gerson, Nadler’s co-campaign manager, in a phone interview. Besides the crushing heat of the summer, he expected that many voters would be out of the city or just not used to voting in late August. “So I think it would be malpractice almost to not have an active and dynamic absentee program,” he said.
Gerson said the campaign is sending out absentee ballot applications with mailers to make it as easy as possible for voters. Their field and phone teams also help voters plan to vote through absentee ballots, and the campaign website directs voters to the necessary resources.
He also expects turnout to be extremely low, relatively speaking, considering there was a significant drop in voters in even the June primary, which had statewide races on the ballot. Nonetheless, in Nadler’s Upper West Side base, he said, Democrats “vote early and often as the cliche goes.”
“So maybe absentee outreach goes further here because people are desperate to vote,” said Gerson. “They don't miss a cycle, they don't want to miss a cycle. So they hear about it and they want the options to do so.”
A spokesperson for Patel’s campaign said they are taking absentee balloting "very seriously" and engaging with voters in a variety of ways. "We don't have to win the East Side or the West Side, we just have to come in second in both," Patel said during a recent appearance on Gotham Gazette's Max Politics podcast, where he also discussed his ability to connect with younger voters on social media.
The three campaigns expect a close race and know that every vote will count, potentially making absentee ballots particularly decisive. A poll released on Monday by Patel’s campaign, the only made public so far in the race, found Nadler and Maloney tied at 31% of the vote while Patel got 24%, with 12% undecided (though campaigns' internal polls often show the client candidate in stronger position than other polls).
In the 10th district, polls have shown Rivera, Niou, and Goldman toward the front of the pack, though no candidate has had a commanding share of the vote and there has been a plurality undecided in every poll that’s been made public. With so many candidates in the field, the race could easily be very close and absentee ballots could prove critical.
“We've been focusing on absentee voters, obviously in both boroughs,” said Assemblymember Simon, who currently represents Assembly District 52 covering the Brooklyn neighborhoods of Dumbo, Brooklyn Heights, Cobble Hill, Boerum Hill, Carroll Gardens, Gowanus, and parts of Park Slope. Her district covers a significant cross-section of the Brooklyn half of the new 10th congressional district, and is home to some of the highest voter-turnout areas of the city.
Simon’s Assembly district accounted for the most absentee ballots requested and returned by Democrats in Brooklyn in the June primary; 906 absentee votes were cast from that district out of 7,816 in total by Brooklyn Democrats, according to the city Board of Elections. And her campaign has been making concerted efforts to reach out to those voters as well as the broader base through texts, emails, physical mailers and phone banking. Simon even carries absentee ballot applications with her so she can hand them to voters personally on the street, she said.
Simon echoed the other campaigns in her concerns about low turnout. “Who remembers to get an absentee ballot for a primary in August? We’ve never had one,” she said. “This is off the radar screen of so many people.”
There’s also the fact that the district is new and includes many voters who might be unaware that there is a competitive race in their backyard or know the contours of the new district. “People have in their head a very different thing, a very different map,” she said.
One minor factor that Simon said could possibly cause confusion at the polls is a change in election law enacted by the Legislature this year. Voters who have been issued an absentee ballot for an election can no longer cast a ballot on a voting machine at their local poll site. If they choose to vote in person, they will instead have to use an affidavit ballot, which will be counted or not depending on whether their absentee ballot has also been submitted.
“Any change is likely to cause some confusion among voters. I think that that is a given,” she said. “I think that it's like a combination of things for this primary in August, which itself is so confusing to people. So it kind of exacerbates the confusion, or the potential confusion factor.”
Three of the other four leading campaigns (Jones, Rivera, Niou) did not respond to requests for comment.
"We want to encourage as many voters as possible to participate in the electoral process in whichever way is easiest for them - voting absentee is a safe and easy way to do so,” said Simone Kanter, a spokesperson for Goldman’s campaign. “Dan is running to protect our democracy, expand the right to vote, and eliminate barriers to the fundamental right to free and fair elections.”
Assembly District 66 covers the western side of the Manhattan part of the 10th Congressional District, including the neighborhoods of Tribeca, SoHo, Hudson Square, the East Village, Greenwich Village, and West Village. In the June primary, that Assembly district had more than twice as many absentee ballots cast than neighboring District 65, currently represented by Niou and including Chinatown, Little Italy, the Lower East Side, Two Bridges, and parts of the Financial District.
Voters can fill out an absentee ballot application online, request one in person at their local county Board of Elections office, or designate a third party to deliver their application in person and receive their ballot.
For the August 23 primary, a voter can cast an absentee ballot by:
– mailing it to the State Board of Elections with a postmark no later than August 23
– bringing it to a local BOE office in person no later than 9 pm on August 23
– bringing it to an early voting site in person in their county between August 13-21
– bringing it to their local poll site in person on August 23 by 9 pm
For more information visit the State Board of Elections website.
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette