Headline of the Day

Cy Vance Represents Everything Wrong with the Justice System

—The Outline

Of course, Paul Blest is referring to Manhattan district attorney Cyrus Vance, Jr., not his dad who was secretary of state.

Vance is almost certainly going to be reelected next year, but it now appears that he let the rich and powerful skate in exchange for campaign donations:

If you’re looking for an example of unequal treatment perpetuated in our criminal justice system, you should look no further than the decisions made by the Manhattan District Attorney’s office

Last week, as reports of Harvey Weinstein’s decades of sexual harassment and assault became public, news emerged that Manhattan District Attorney Cyrus “Cy” Vance Jr. had declined to prosecute Weinstein in March 2015 for misdemeanor sexual abuse, a charge that carries the maximum of three months in jail or one year’s probation, plus a $500 fine. It was later found that the prosecution was in possession of a recording from a sting operation, including the victim, where Weinstein had admitted he had committed the assault. Still, Vance declined to file the charges. Last week, the International Business Times reported one major conflict of interest regarding the case: Weinstein’s lawyer, David Boies, donated $10,000 to Vance in August 2015, four months after Vance declined to prosecute.

The case is emblematic of Vance’s time in the DA’s office. Throughout his two terms – and he’s likely to win re-election next month – Vance has shied away from prosecuting powerful people like Weinstein, even when the cases are solid, and he’s chosen repeatedly to go after less- influential people when the cases are suspect or the crimes committed didn’t hurt anyone. Beyond Vance’s own office, however, it highlights a more pressing, systemic issue: there are two different justice systems for two different Americas.

The Weinstein decision echoed another one made earlier in Vance’s career as DA, a position he was elected to in 2009. Dominique Strauss-Kahn, the former head of the International Monetary Fund, was accused in 2011 of sexually assaulting a housekeeper at a hotel in Manhattan. Vance also declined to bring charges in that case. “I look at the DSK case as a paragon,” Vance told the New York Times in a 2013 interview, “because we absolutely believed this poor woman should be believed over this powerful man, and when additional facts came out, we were willing to show them to the defense.” (Those “additional facts,” as Colorlines noted in 2011, didn’t have anything to do with the accuser’s account of her assault at the hands of Strauss-Kahn.)

And then there are Trump kids:

Apart from Vance’s miserable failure at doing either of these things, Ivanka and Donald Trump Jr. were, similarly to Weinstein, left untouched by Vance in 2012 even after Vance’s major economic crimes division recommended that he should bring charges of felony fraud against them for “misleading prospective buyers of units in the Trump SoHo, a hotel and condo development.” Less than six months later, ProPublica reported, the Trumps’ lawyer had donated and raised over $50,000 for Vance’s re-election. It was only after the ProPublica story came out that Vance — who is running for re-election unopposed — returned the donation. 

The most favorable interpretation is that Vance doesn't want to prosecute rich people because they hire armies of lawyers, but that interpretation seems to be rather naive given the juxtaposition of campaign donations.

I don't think that this is an isolated incident.