Two leaders of the New York State Legislature have been indicted this year, Dean Skelos and Sheldon Silver.
Why the indictment was by the feds, and not by the New York State Attorney General?
The answer is very clear - because the NYS Attorney General REPRESENTS the State officials, even when they are sued for fraud and corruption.
So, if you have a corrupt legislator - NYS Attorney General defends him and will raise issues of various judge-created "immunities", "deferences", "comities" and what not - and will ask the federal court, likely successfully, to punish the victims of fraud who dared to file a civil rights action, with paying attorney's fees to the corrupt governmental official, for the inconvenience of being sued for corruption, and represented for free by the New York State Attorney General.
Yet, the New York State Attorney General ALSO has, as one of his duties, to protect people of the State of New York, voters who elected him, from fraud. The NYS AG makes this pledge before every election.
Yet, when it comes to doing his job, when it comes to investigating and prosecuting corruption in the New York State government, the NYS AG's status as the attorney for the corrupt public officials prevents him from doing the job he was elected for.
I bet the public did not vote to have the NYS AG oppose civil rights lawsuits targeting misconduct of governmental officials, on behalf of those officials whose misconduct is the subject of those civil rights lawsuits.
It is time to change the law and eliminate the position of the NYS AG, or to legislatively prohibit NYS AG to represent public officials sued for misconduct in office - because committing misconduct in office is not part of their public duties, and while 80% of taxpayers cannot afford their own attorney, those same taxpayers should not be forced to pay for the legal defense of fraudsters.
As we have it now, the New York State Attorney General is a sworn public official who violates his oath of office as a matter of discharging his duties.
That means - people of the State of New York cannot take care of corruption in their own state government and must ask the feds to do it for them?
A change in the law is overdue.
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