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Andrew Cuomo with banks, the enemy, the NRA, is facing major legal test

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Andrew Cuomo is in contact with the Democratic party?

Washington Examiner-the chief correspondent, Byron York discusses the debate between New York Governor Andrew Cuomo, and actress Cynthia Nixon. Byron also weighed race on the Florida governor’s.

A campaign of New York democratic Gov. Andrew Cuomo to crack down on the National Rifle Association and similar groups, is facing its first major legal test, a Federal judge is expected to decide soon whether to go for a challenge forward.

Cuomo administration asked to throw judge Thomas McAvoy of the U.S. Northern District of New York, a First Amendment lawsuit by the National Rifle Association, claiming that the policy of restriction of financial activities, the pro-gun organizations amounts to viewpoint discrimination.

The judge heard arguments to dismiss the motion. Sept. 10. The decision, whatever it may be, will have far-reaching consequences for free speech and gun rights, the limits to the regulation of the financial markets, and possibly even the 2020 presidential campaign.

The case has an unusual Alliance. The liberal American Civil Liberties Union, in spite of his support for gun control, filed a friend of the court brief in defense of free speech, the rights of the NRA.

Earlier this month, Cuomo actress Cynthia Nixon, defeated in primary in the democratic Governor’s elections, and will likely coast to re-election to a third term in November. Although he said he will not run for the presidency, he is widely considered a potential contender for the 2020 democratic nomination, and go to the left of the most-maligned organisations could only contribute to the chase.

The case is more important than any political aspirations, said William Brewer, the lawyer for the NRA is not the case.

“This gives the power to a state to discriminate against entities based on the position,” brewer told Fox News.

“If the script was flipped and a conservative Governor of Kansas, was very pro-life, its administration could be added to planned Parenthood’s financial activities,” Brewer. “Or, if there is a other Governor, the management target could be the finances of the friends of the earth, or the Sierra Club.”

To encourage in April, Cuomo directed the state’s Department of Financial Services, insurance, banking and other financial services companies licensed in the state of New York, to check whether the business would be of inter-actions with the NRA and “similar organizations” to “reputational risk.”

“New York can be the strongest gun laws in the country, but we need to take a step further to ensure that gun safety is a top priority for every Person, company and organization doing business on the state,” Cuomo said at the time.

New York Financial Services Superintendent Maria T. Vullo, said the Agency “calls on all insurance companies and banks doing business in New York, to the company, which is already set, their agreements with the NRA.”

In may, the Department hit Lockton affinity, with a $7 million fine and Döbeln AG. with a 1.3 million Dollar fine for their involvement with the NRA, the “Guard” insurance for gun owners, that the use of a firearm in self-defense, but the face of the costs of civil or criminal liability. Both companies left the NRA. The Second Amendment group claims to have now, it is effort, corporate insurance, because the companies fear a state investigation, while the banks have refused to provide financial services for the organization.

Cuomo, the fellow governors, requested in August in a letter to ban Bear Guard, the NRA, the insurance, the “provision of illegal insurance is protection to gun owners for the intentional criminal conduct.”

To dismiss In the motion, the New York Attorney General Barbara Underwood argued, “Both the management letters and press releases are classic government speech, they are an expression of the attitude of the government in the public gun control debate, that is entirely permissible.”

However, Cuomo may have undermined Underwood ‘ s argument, when he gleefully tweeted in August, “If the @NRA goes bankrupt, because the state of New York, they are thoughts in my and prayers. I ‘ ll see you in court.”

If the @NRA goes bankrupt, because the state of New York, you will be in my thoughts and prayers.

I ‘ ll see you in court. https://t.co/9en4Xmu2qD

— Andrew Cuomo (@NYGovCuomo) 4. August 2018

New York has used the state power, which was attended far beyond the dispensing position, Brewer argued.

“The state measures taken in the management letter,” brewer told Fox News. “Connect the dots. The Governor sent a press advisory, Superintendent Vullo monitoring not only the NRA, but other pro-Second Amendment groups. Shortly after, within a few days, the Department of money issued met.”

The New York Department of Financial Services, referred to Fox-News-April-announcement on the political and, when asked if someone could speak to the policy, a spokesman said: “unfortunately, no, not at this time.”

Neither Cuomo’s office nor Underwood ‘ s office responded to inquiries for this report.

The program is similar to the spirit of the Obama administration’s operation choke point, trying to get the banks provides financial services to “high risk” customers – which included short-term lenders and firearms dealer. The Trump-Ministry of justice, later the program ended.

The liberal ACLU and the conservative Texas Public Policy Foundation filed friend of the court letter in the New York case, which, together with the NRA the ability to move for discovery.

The ACLU letter in August, said in New York “is undeniably targeted the NRA and similar groups based on their ‘gun action” advocacy.”

“It is important to note that, as controversial as it may be, “gun promotion” is core political speech, entitled to the same constitutional protection as the speech, reproductive rights, marijuana legalization, or financial deregulation,” the ACLU brief continued. “The Central questions are, whether the management letters threatened adverse action against the banks and insurers that make a connection with the NRA or other ‘gun action” advocacy groups, and whether this threat was motivated by the Federal government’s hostility to ‘gun action “point of view”.

Fred Lucas is the White house correspondent for the Daily Signal. Follow him @FredLucasWH.

 

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