Blakeman's deposition in militia case sidelined for now

Daily Point

Unusual legal maneuvers delay Democrats' questioning of Blakeman on militia

County Executive Bruce Blakeman will yet again avoid answering questions about his controversial and opaque decision in 2024 to create a Nassau County program allowing private citizens with gun licenses to act as provisional sheriff's deputies during emergencies.

Thanks to another round of hardball and procedurally unusual legal maneuvering, Blakeman's scheduled May 27 deposition is sidelined for now.

Blakeman, who currently is running for governor, also escaped being forced to answer questions last fall about what Democrats call his private militia when he was running for reelection as county executive. Democratic legislators Debra Mulé and Scott Davis in their capacity as private citizens are suing Blakeman, contending the county executive has no power to create such a program.

Nassau state Supreme Court Justice Gary Carlton had set May 27 as the date the attorneys for Mulé and Davis could question Blakeman under oath about the many unknown details of the program.

According to court documents, Carlton originally had set the deposition dates for Blakeman for May 27, Sheriff Anthony LaRocco on June 2, Undersheriff Thomas Sullivan on May 19 and Mulé and Davis this week. He told the parties he would be away on vacation the week of May 4.

But on May 7, Blakeman attorneys Joshua Liebman and William Birney filed a motion demanding that Carlton, who has been hearing the case for more than a year, recuse himself because he is a partisan Democrat. The motion said Carlton "had a one-sided approach to this politically charged case," noting that he was a Democratic district leader before ascending the bench.

The court's case-tracking system indicated that the motion was assigned to Carlton, which would be the usual practice. Carlton was to be back on the bench Monday.

However, late on Friday another judge, Christopher McGrath, issued a stay of any action in the case — specifically the taking of any depositions — until Carlton decides whether to recuse himself.

But here's the funny part. McGrath, who somehow got assigned the case, is a very close Blakeman ally and served as the head of his transition team in 2021, placing GOP political appointees in more than 300 county jobs. The two have served in the trenches of Nassau GOP politics for a long time.

A January 2024 Facebook post by Blakeman has a photo of the county executive sitting behind McGrath during his swearing-in ceremony. Blakeman wrote, "Congratulations to newly-elected NYS Supreme Court Justice Christopher McGrath of Hewlett, who's induction we celebrated last week. A private practice attorney for nearly 40 years, he served as Chairman of my Transition Team and as an adjunct special professor of law at Hofstra University's Maurice A. Deane School of Law. We're lucky to have him on the bench!"

A letter dated Monday to Carlton from Joshua Kelner, the lawyer for Mulé and Davis, accused Blakeman's lawyers of an "ongoing history of attempting to delay the case through baseless motions and procedural machination." He added the latest one was "the most brazen" and a "calculated attempt" to derail the deposition.

Carlton, who returned from vacation this week, told the parties he would rule on the recusal motion by May 27.

There are 110 workdays between now and Election Day. The prediction markets can have some fun figuring out how much more legal jiujitsu can take place to stall Blakeman's day of reckoning on his mysterious militia. 

— Rita Ciolli rita.ciolli@newsday.com

Pencil Point

Going nowhere

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Final Point

Driscoll hits the ground running in CD4 after GOP stumble

Her campaign launch may have had to overcome a few hiccups and a slight delay, but Republican Jeanine Driscoll's election effort — complete with a website — is up and running.

Driscoll, the Hempstead Town receiver of taxes, is the GOP pinch-hitter in the CD4 election after the ploy of nominating former Valley Stream Mayor John DeGrace, who predictably backed out at the last minute, let Republican Party leaders handpick their candidate du jour to go up against incumbent Democrat Laura Gillen. The move skirted the primary process and led to Driscoll's nomination when it became clear that former Rep. Anthony D'Esposito wasn't leaving his role as inspector general of the U.S. Department of Labor to run for his old seat.

Notably, however, Republican Marvin Suber Williams' primary campaign is still active. He's been taking out full-page campaign ads in the Five Towns Jewish Times for months, one running as recently as May 6.

Despite the inside baseball maneuvering that caused a significant delay in the GOP getting started in the CD4 race, Driscoll is the party-backed candidate, and the faithful are lining up behind her. Spearheaded by former Rep. Pete King, a host of local officials are firmly in Driscoll's camp. Her campaign website features lots of social media posts showing support from Republicans and community groups, and highlighting her stances on the issues, like being against congestion pricing.

Driscoll's social media feed has been active, including a post Tuesday of a campaign reelection event for Long Island's Rep. Andrew Garbarino with Nassau County Republican Party chair Joe Cairo and House Majority Leader Steve Scalise. Another Driscoll Facebook post shows her beside D'Esposito at a Long Beach City event last week supporting law enforcement.

But her first public appearance after being dubbed the GOP's candidate for CD4 came April 29 on Sid Rosenberg's "Sid and Friends In The Morning" show, a safe harbor for Republicans. With King on air, Rosenberg introduced listeners to Driscoll while she knocked softball questions out of the park, one by one.

Rosenberg said he "became aware" of Driscoll because of lobbying by King and D'Esposito to book her on the show, adding Driscoll is "our hope."

"… and here she is, Mrs. Driscoll, welcome to 'Sid and Friends In The Morning,' " Rosenberg says on the show. 

After a brief exchange, Rosenberg tells listeners that King and Nassau GOP chair Joe Cairo are behind Driscoll because she can win.

"… they know talent, they know talent, and they really believe in their heart of hearts that you are the next congressman out of that area," Rosenberg says. "Anthony is not gonna run, but they love your chances against Laura Gillen. Tell these folks why you are the obvious choice."

In her pitch, Driscoll explains how she connects with Nassau voters in her role as Hempstead's receiver of taxes, but the reason she is running is to protect President Donald Trump from impeachment.

"… I am really, really worried about the midterms," Driscoll says. "It keeps me up at night. I have a big family. I worry about my kids. Where are they gonna live? How are they gonna survive? So, my number one priority is to make sure that the president's agenda continues and that this man is not impeached and that this wonderful agenda that really is helping us does not come to a grinding halt."

After Rosenberg "enthusiastically, enthusiastically" endorses Driscoll's campaign, she adds: "But I'm so happy to be doing this. I really feel like I'm giving back and I wanna help the president. President Trump's doing a great job and I just can't see a bright future if we lose the midterms. We have to flip as many seats as we can."

But did the convoluted selection process flip any chance of that happening in CD4?

— Mark Nolan mark.nolan@newsday.com

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