Q&A
Brooklyn Museum controversy and legal advice
1:09:04
·
3 min
Council Member Adams raises concerns about the Law Department's actions during the Giuliani administration, specifically regarding the Brooklyn Museum controversy in 1999.
- Adams cites the incident where the Corporation Counsel supported Mayor Giuliani's attempt to stop funding for the Brooklyn Museum over an offensive exhibit
- Mastro clarifies that he was not in city government during this incident and would have advised against such actions
- Mastro emphasizes his commitment to providing independent legal advice and standing up for what is right, even if it conflicts with the mayor's position
Adrienne E. Adams
1:09:04
Thank you, Mister Mastro.
1:09:05
I wanna delve more into how we can be assured that what happened with the load department during the Giuliani years will not happen under your watch.
1:09:14
One specific example that I would like you to address was when in 1999, the corporation counsel stood next to then mayor Giuliani and said that he had the right to stop duly appropriated funds from going to the Brooklyn Museum because he found an exhibit to be offensive.
1:09:35
This was contrary to the position taken by the Brooklyn borough president, the city council speaker, the public advocate, the city's cultural institution group, a former corporation council who represented the city's cultural groups and virtually every first amendment expert in the city of New York.
1:09:54
It also ended up being contrary to the position of the federal courts.
1:09:59
And to quote someone who is vouching for you today, Victor Covingner, the former corporation counsel who gave this quote before the 2019 charter revision, quote, I have to say, It was not the finest moment for the law department.
1:10:15
End quote.
1:10:17
How can we have confidence that the law department under your leadership would not take a legal position that is in conflict with the city's legal interests?
1:10:27
And a verse to every involved city official other than the mayor simply because the mayor wants the law department and the corporation counsel to take such a position.
Randy Mastro
1:10:39
I'm really glad you asked that.
1:10:42
You can have confidence in that because that was not my time in city home.
1:10:48
I was not in city government in 1999 when the Brooklyn museum incident occurred, and I like to think had I been there to counsel the mayor at that point in time that never would have happened, just as some other issues that arose earlier about art exhibits.
1:11:06
You know, he he did not take the kind of position that he took on the Brooklyn Museum.
1:11:12
And I think you can have confidence, people who know me, people who litigated with me and against me that your governor is here to speak today.
1:11:19
He's He's one of 5 corporation counsel going back over 4 administrations who have endorsed my candidacy.
1:11:26
And I did not agree with the book of Museum decision, and I would have counseled the mayor against it.
1:11:32
And as a corporation counsel, I will stand up for what I think is right and I will do the right thing.
1:11:37
And if I don't think a position the mayor is taking is one that is legally defensible, I will tell that to the mayor and we will not defend the mayor.
1:11:46
You have conflicts with the mayor.
1:11:49
And you have legislation where you have conflicts with the mayor.
1:11:52
I think historically, Corporation Council has tended to almost always agree with the mayor.
1:11:58
I will call the balls and strikes I will give it straight.
1:12:02
I will try to bring people together to see if we can find common ground.
1:12:06
I think corporation counsel should be much more proactive that way so you avoid litigation.
1:12:11
But I will call those balls and strikes, and I would not have advised the mayor or permitted the mayor to do what he did at the Brooklyn Museum.
1:12:20
It would have been against my counsel.
