A judge turned down a request by former state Sen. Hiram Monserrate (D-Queens) to halt his expulsion from the legislative body, but the disgraced politician isn't giving up his fight. Though the federal judge declined Monserrate's bid for an immediate stay on his senate expulsion and on Gov. David Paterson's call for a special election, Monserrate will continue the legal battle in which he has cast himself as a victim whose civil rights have been trampled.
According to court documents obtained by the Times Union, Monserrate and civil rights lawyer Norman Siegel claim his expulsion "raises substantial questions concerning what a constitutional democracy is all about." The politician—who was booted following his conviction on misdemeanor charges for abusing his girlfriend—told NY1: "I've always been very clear that the proper course should be that the voters decide. If the voters of my district decide that they want me to represent them or not, I would respect, obviously, that decision."
But Senator Eric Schneiderman insists that the Senate has the right to "police its own house," noting: "At the end of the day, someday, he's got to take a look in the mirror. The person who's responsible for his situation is Hiram Monserrate ... The rest of us didn't assault someone. The rest of us didn't lie about it. It's a tragic situation, but the fact that he continues to portray himself as the victim isn't helping him, isn't helping us and won't help him in court."
If a court upholds his expulsion, NY1 reports Monserrate might run in the March 16 special election for his now-vacant seat. "What is occurring here is much greater than just me, it's much greater than me," he said.
