The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
That Time Governor Cuomo Called Me
"Hello, this is Governor Andrew Cuomo."
A few moments ago, I blogged about Governor Cuomo's press conference. His administration will force numerous Jewish schools in Brooklyn and Queens to close. Cuomo promised, several times, to talk to leaders of the Orthodox community to ensure compliance. Cuomo offered a preview of the conversation: "I'm going to say to the orthodox community tomorrow if you don't agree then we will have to close down your religious institutions."
I can relate. I was on the receiving end of such a phone call from Governor Cuomo. Yes. It's true. I wrote about the incident in an article about my 3D-printed gun litigation.
Here is the setup. I had just finished litigating four TROs in five days. The first three TROs were denied, but a federal judge in Seattle granted a nationwide TRO in the fourth case. Here is an excerpt from the article:
I barely had a chance to catch my breath when my phone rang. It was a restricted number. I expected that another Attorney General was threatening to sue Cody [Wilson]. This call would be very different. (The following quotations are paraphrases based on my recollection, written down shortly after the call.) "Hello, this is Governor Andrew Cuomo." At first I thought it was a prank. I said, "hello, Governor." He replied, "are you the lawyer for the gun guy." I said, "yes, I represent Cody Wilson." He replied, "you tell him to stop sending his gun stuff to New York." I asked if the Governor meant the "Ghost Gunner," which is used to manufacture firearms, or the 3D-Printed Gun files. Cuomo had no idea what he was asking "the gun guy" to stop doing. I said "could you have your lawyer send me a letter?" He replied he would have his counsel send something. Then I added, "governor, are you aware that 15 minutes ago, a federal judge in Washington entered a nationwide injunction, barring us from sharing the files online." He had no idea. I said, "your Attorney General sued us." Then the conversation took a turn for the bizarre.
He stated "in New York we have an independent Attorney General." He complained, "[S]he doesn't work for me." (At the time, Barbara Underwood was the acting Attorney General.) I replied, "I know, I'm from New York." He asked, "where are you from?" "Staten Island." "And where are you now?" "Houston, Texas." "Don't you miss New York—greatest place in the world." I said, "I love Texas, but I miss my family." "Are your parents still in New York." "Yes, still in Staten Island." I added, "Today is their anniversary." He beamed, "You tell your parents that Governor Cuomo wished them a happy anniversary."
Then it got weirder. He said, "are you parents going to vote for me?" (Cuomo was up for reelection the following November.) I replied that my parents would. A conversation that began as a vague cease-and-desist order from the Governor of the Empire State turned into a campaign pitch. We were on the phone for nearly 10 minutes! I never did get a letter from New York. After the Governor hung up, I called my parents to wish them a happy anniversary. I had been so busy all day, I hadn't had a chance to call. My parents, both lifelong New York Democrats, were thrilled with the Governor's greeting. Over the next few hours, I fielded many calls from print reporters, and gave the same, stock line: we were disappointed with the court's ruling, and were considering our next options.
Governor Cuomo engages in old-school, Tammany Hall style politics. I regret that I did not think to record this conversation. (Texas is a one-party state). I hope some of the rabbis record their conversations. (New York is also a one-party state).
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
I regret that I did not think to record this conversation.
I'll take "conversations that never actually happened" for $500, Alex.
That is a bizarre remark. Why would Blackman make up the story? The story — that Cuomo picked up the phone and called someone he something to talk to about — does not seem particularly unlikely on its face and there are no details that sound implausible.
It appears Prof. Blackman has abandoned all hope of getting out of South Texas — unless it’s for a spot at Liberty, Regent, or Ave Maria.
The interesting stories from representing a guy like Cody Wilson would involve the client entertainment activities.
Limitation periods might incline some discretion, though.
"I'm going to say to the orthodox community tomorrow if you don't agree then we will have to close down your religious institutions." - Governor Andrew Cuomo
Inside every progressive democrat is a totalitarian yearning to break free.
"Inside every progressive democrat is a totalitarian yearning to break freedom."
🙂
If I were at all likely to get calls that I might want to retain, and lived in a one party state, I think I'd probably just record them all. You'd never know until it was too late that you needed to do so, after all.
Sincere question: Is it considered acceptable to put paraphrases in (double) quotation marks?
It’s always been my understanding that it isn’t, and I try to make sure to only put actual quotes in (double) quotation marks with additions or changes properly noted through the use of square brackets.
Maybe my understanding is wrong or hasn’t kept up with changing conventions.
Sounds like Gov. Cuomo has been taking diction lessons from Joe Biden.
or Rev Kirkland
Sounds like a pretty dumb thing to try to form an opinion on based on paraphrase of a conversation he's remembering from two years ago.
Are you (Josh Blackman) sure it wasn't a prank?
Professor
You are correct that Texas is a one-party state, but if you’re a member of the Texas bar, there’s an ethics opinion that prohibits recording phone calls in most circumstances.