Candidate Answers to JOLDC: Tahanie Aboushi for Manhattan District Attorney
Candidate Name: Tahanie Aboushi
Office Seeking Election for: Manhattan District Attorney
1. Response to crimes of violence
There is widespread consensus that low-level, non-violent crimes do not belong in the criminal justice system. But what about violent crimes? Do you think that people accused of violent crimes should be dealt with in the criminal system? How should these cases be handled?
I do not believe in locking people up and throwing away the key. In order to secure a safe and stable society, we must invest resources to prevent crime by addressing its root causes. While reimagining accountability we must include voices traditionally cut out of the process such as victims of crime. Focusing on the needs of those harmed allows us to respond to those that have done harm in a way that rehabilitates behavior and supports successful reintegration.
2. Police accountability
How will you hold the police accountable for misconduct? Does the DA have a role in cases where the conduct does not rise to the level of a crime?
The DA’s office must be independent of law enforcement and must ensure that no one is above the law- including police. I am the only candidate that has held law enforcement accountable for misconduct and violence. As the Manhattan District Attorney, I will create a Police Accountability Unit that will be tasked with prosecuting criminal misconduct by law enforcement. Under my leadership, the Manhattan DA’s office will conduct its own independent investigations, protect witnesses and victims impacted by the misconduct, and maintain an open line of communication to ensure the victim’s participation in the decision-makingprocess. The unit will also track and release data to support reforms and repeals in the criminal justice system.
3. Community engagement
A lot of DAs talk about working with the community in dealing with issues of public safety. But in many cases, those most impacted by the criminal justice system do not trust law enforcement and don't wantto be engaged. First, do you believe community engagement is important to public safety, and if so, how do you intend to overcome the community's distrust of law enforcement?
I believe we cannot have public safety without public participation. As District Attorney, I will work with community organizations to build trust by giving them a seat at the table, holding law enforcement accountable without exception, and championing transparency. I will also establish a coalition of voices from diverse backgrounds including social work, youth groups, teachers, and community-based organizations to decide where the funds from civil forfeiture will be distributed. I will then partner with these organizations, following their lead in addressing social inequities that plague our city.
4. DA's role in shaping the future of policing
There is a lot of talk about re-shaping the police department, even defunding or replacing the PD. And Governor Cuomo has called on cities to submit plans for how there are re-imagining policing. Do you believe the police department should be defunded? Reformed? What do you think is the DA's role in these conversations?
We must move away from relying on law enforcement to address social inequities. The criminalization of everyday struggles have only made bad situations worse and hundreds of thousands of dollars are spent on meaningless prosecutions. When we think of public safety we must consider budget justice.
The pandemic has forced us to come to terms with issues that our leadership has tried to shove into the shadows of society like homelessness, substance use disorder, and poverty. We must invest resources into our communities and prioritize funding education, summer youth employment programs and access toemployment opportunities. We must also get police out of our schools and homeless shelters. The role of the police should not be to enforce public health directives and respond to mental health crises. We must then invest funds in creating first responder units made up of a team of multidisciplinary professionals that are specifically equipped to handle these various needs. The DA has a crucial role in declining to prosecute cases in favor of diversion programs. The only way this will work is to divert cases instead of prosecuting- not after.
5. Increase in shootings
After years of declines, shootings and homicides have spiked this year. What do you think are the causes of this spike, and how will you drive these shootings down and restore a sense of safety to the community?
The pandemic has shed light on issues shoved into the shadows of society and we are now forced to reckon with communities long stripped of resources. Tens of thousands have lost their jobs. Housing insecurity and food insecurity have increased. We’ve seen the most privileged of our society weather the storm or leave. Meanwhile, the most vulnerable among us have had their everyday stresses exacerbated.Instead of providing more resources, we are taking them away from the people that need them the most.Now more than ever we need to invest in communities. Partnering with CURE violence groups that have been a community solution with tremendous success in reducing gun violence.
6. Culture change
Candidates talk about the reforms they want to implement, but reform cannot happen unless the ADAs in the office is willing to go along. How will you manage culture change in the DA's office knowing that there are people working there who may disagree with your policies, and in some cases may actively try to sabotage your efforts at reform?
I am only the candidate who has a record of changing the culture of institutions. Many of my opponents were already given this opportunity as prosecutors and instead of making necessary changes, they have instead chosen to conform and continue the copy and paste protocols of their bosses. I believe there areAssistant District Attorneys within this organization who do want change, they just need leadership.Ultimately, if a prosecutor is unwilling to advance my vision of an office that is transparent, accountable and collaborative, they will be terminated. Also, we must hire people who have walked in the shoes of thosewho come before my office. That includes those formerly incarcerated, victims of crimes, community leaders, counselors, teachers, and families impacted by the prosecution system.
7. Ethics
What is your view of the ethical obligations of prosecutors? Do they go beyond the ABA rules? How will you set ethical standards for the DA's office and how will you ensure that they are internalized and adhered to by your ADAs?
Those who hold positions of public trust must be held to the highest standards of integrity. The culture of the Manhattan DA’s office has been one of prosecuting at all costs without regard to evidence, truth, orjustice. As a defense attorney, I have had trials where prosecutors manipulated or withheld evidence and often sprung this information during trial before a jury to escape responsibility or accountability. As prosecutors, we are the difference between a person’s freedom and incarceration and we can single-handedly impact the future of families for generations to come. I will not tolerate unethical behavior, especially behavior that has such grave and damaging effects. My office will pursue justice based onevidence and truth. Anyone that engages in unethical behavior will be terminated and their caseload reviewed.
8. Shrinking the criminal justice system
Many advocates argue that the criminal justice system has become too large, costing too much money and playing too large a role in responding to society's problems. Do you agree? If so, does this mean that the role of prosecutors should also be smaller? Should prosecutors' offices be defunded?
Manhattan has had four district attorneys in the last century. Each District Attorney has continued to throw police and prosecution at social inequities and it has resulted in the criminalization of Black and brown communities. I intend to shrink the footprint of the District Attorney’s office in our communities and reorient it as a hub of resources to build up families instead of tearing them down.
9. Race and the DA's office
Racial justice advocates believe that DA's offices should be reflective of the communities they serve, and that it is crucial that the DA's office have attorneys of color, as line ADAs, as supervisors and at the highest levels of leadership. Do you agree, and if so how will you insure that the DA's office is one that attracts, retains and promotes people of color at every level?
We must hire people of color and also prioritize people touched by the criminal justice system- like myself. Hiring people who have walked in the shoes of those who come before this office ensures real representation and supports the culture of change we are bringing to this office.
10. Post-conviction justice
Do you believe the DA has a continuing obligation to do justice in cases where someone has been convicted and sentenced? What would you do as DA in such cases?
Our commitment to truth and justice continues well beyond a case as we remain responsible for the safety and stability of society. The Manhattan DA’s office has a conviction integrity unit that has been largely dormant. I will revive that unit and commit to the timely review of requests for reconsideration. Furthermore, I will create the Elder and Health Compromised Sentence Review Unit to be proactive in identifying and advocating for the release of incarcerated people who suffer from health conditions that could lead to their death.
11. Decriminalization of Sex Work
Do you favor decriminalization of sex work? Do you support the legislation sponsored by State Senators Julia Salazar and Jessica Ramos (A8230/S6419)
I support the full decriminalization of sex work and I support this legislation.
12. Nordic Model
Will you actively oppose legislation that would implement the dangerous Nordic model instead of the decriminalization of prostitution?
Yes.
13. Record Relief Legislation
Do you support the Record Relief legislation which would expand the relief available to survivors of human trafficking? (A06983/S04981 and A9040/S2144)
Yes, I support this legislation.
14. Walking While Trans
Do you support Walking While Trans legislation in the state legislature? (A00654/S02253)
Yes. The underlying law is discriminatory against trans people as well as sex workers. It has resulted in police profiling, unjust arrests, police harassment and police violence. This has overwhelmingly been directed at LGBTQ, Black and Brown, and immigrant communities.
15. Supervised Consumption Spaces
Do you support the establishment of supervised drug consumption spaces?
Yes. I fully support safe consumption and overdose prevention services. They save lives and we have a moral obligation to act. My only concern is that the sites are proportionally distributed in eachneighborhood/area according to the need as opposed to saturated low-income neighborhoods with these sites where people come from other counties and states. For instance, East Harlem, from 125th street to about 137th street, is inundated with safe consumption sites and statistics show the people are coming from Connecticut, Bronx, and Staten Island to use these services, although Staten Island has about 65% of opioid users.
16. Elder Parole
Do you support the “elder parole” legislation which provides seniors 55 years and older, who have served 15 years in prison, the right to apply for parole? (A9040/S2144
Yes. I am against the death penalty and that includes death by incarceration. I have also committed to not seek sentences longer than 20 years and to offer opportunities for release at ten years.
17. Hiring Practice
Will you affirmatively seek to hire formerly incarcerated individuals?
Yes, I am fully committed to hiring formerly incarcerated individuals. As a member of the community directly impacted by the criminal justice system, I know first hand that those closest to the problem should be closest to the solution. We must bring humanity to the District Attorney’s office and envisionthe office as a partner in alleviating social inequities and building up families.
18. Demonstrations and Protests
a. Have you participated in any demonstrations or protests in relation to the issues of clemency and parole?
I have joined VOCAL, Communities United for Police Reform, and HALT in their calls for clemency. My participation in those efforts is what inspired me to create the Elder and Health Compromised Sentence Review Unit. Governor Cuomo mercilessly allowed incarcerated people to become infected with COVID-some of whom had died, in a stubborn refusal to meet the needs of the moment. As District Attorney, I will not waitfor the governor to take action but will instead take the initiative to reduce the prison and jail population. I have also signed on in support of the Less is More Act which seeks to close the loophole of excessive and unnecessary incarceration from parole conditions such as not updating an address or missing an appointment.
b. What press conferences, demonstrations, rallies and protests in support of LGBT issues, pro choice legislation, criminal justice issues and the Resist Trump Movement have you attended?
As a member of the impacted community and a civil rights attorney, I have remained on the front lines of defending our civil liberties with various organizations. I have joined dozens of protests, marches calls to actions and press conferences led by community-based organizations in support of equal rights, immigration rights, and criminal justice reform. In 2016, when Trump issued the Muslim Ban, I co-led the legal team at JFK airport in filing petitions in federal court to release people detained by the customs and border patrol. I stayed in the airport for 4 straight days until every last person was released to their families. I have served as a legal observer for many Balck Lives Matter protests since June of this year.Most recently, I joined the protest in defense of black trans lives in Brooklyn and the National Action Network’s March on Washington in response to the murder of black people at the hands of lawenforcement.
19. Solitary Confinement
Do you oppose solitary confinement? Do you support the HALT Solitary Confinement Act (S. 1623/A.2500)
Solitary confinement is torture. Experts in the United Nations have called upon countries to ban this tacticas it causes severe mental and emotional damage. My father served over 15 years in prison and there were days we did not hear from him only to find that he was placed in the SHU- special housing unit. No calls, no visits, and no support. This does not serve any purpose other than to irreparably harm individuals.
20. Sanctuary City
What proposals will you advocate for to protect immigrants and further New York as a Sanctuary City?
As the daughter of Palestinian immigrants, I am well versed in the struggles immigrant communities face in our city. NYC’s district attorney should not partner or work with ICE. I will hire immigration attorneys to assess the impact on immigration statuses before charging and during plea negotiations. I will ensure that people- victims and accused alike, can navigate the circumstances handled by my office without fear of deportation or family separation.
21. Determinations of Parole
Do you believe sincere remorse, risk of reoffending and actions taken while incarcerated should be considered over the original crime in determinations of parole? Will you have a general policy of writing letters of support to the Parole Board for people convicted in New York County when they become eligible for release from prison?
I am against the death penalty and that includes death by incarceration. I pledge to limit sentences to 20years and create opportunities for release at ten years. We know that prison culture is violent and causes harm. We must ensure that individuals coming home from prison or jail have what they need to succeed. This means supporting initiatives and programs during incarceration that equip people with the skills and education to have a productive and stable life upon reentry.
22. Visiting Correctional Facilities
Do you commit to visit constituents who are incarcerated in state prisons such as Bedford Correctional Facility to assist in bids for parole?
Yes. I spent over 15 years visiting my father in prison so it is something I’ve very familiar with. Even as District Attorney, I will continue to do this.
23. Law Enforcement Contributions
Will you reject all campaign contributions, endorsements, and outside spending from organizations that exclusively represent police, correction, and/or court officers.
Yes.
24. Real Estate Contributions
Will you reject all contributions from the real estate industry?
Yes.
25. New York State District Attorney Association
Do you commit to not becoming a member of the District Attorneys Association of New York State?
Yes.
26. Defense Attorney’s Contributions
How will you handle contributions from defense attorneys with active matters before the Manhattan District Attorney's Office?
Transparency and independence are cornerstones of public trust. I will not accept contributions from defense attorneys with active matters before the Manhattan DA’s office.
27. LGBTQ Support
a. Do you consider yourself a member of the LGBT community?
I do not identify as LGBTQ but I am a staunch ally and fully commit to standing against the oppression and unjust treatment of anyone based on their sexual orientation or gender identity.
b. Will you commit to hiring a member of the LGBT community to serve as a liaison to the community?
Yes. This person will report directly to myself, to ensure our policies and procedures are meeting the needs of the community.
c. What LGBT organizations have you been involved with, either on a volunteer basis or professionally?
Jim Owles Club and Stonewall Democrats. I also served on the board of the New York Civil Liberties Union and supported efforts to advance LGBTQ issues.
d. Have you marched in Pride? Which marches and for approximately how many years?
Yes, I have marched in several Pride parades. Most recently, I participated in the March for Black Trans Lives in Brooklyn in June.