Fasano Asks Attorney General Tong to Recuse Himself from Decision on Tweed Appeal

July 23, 2019

Senate Republican Leader Len Fasano (R-North Haven) today wrote to Attorney General William Tong requesting that he recuse himself from the decision making process surrounding whether the state should appeal the ruling by the U.S. Court of Appeals for the Second Circuit in Tweed-New Haven Airport Authority v. Tong to the U.S. Supreme Court.

“I am writing to you today to respectfully request that you recuse yourself from that decision making process,” Sen. Fasano wrote to Attorney General Tong. “After a closer review of the extent of your political involvement and connection to New Haven Mayor Toni Harp and her clear stance opposing an appeal in the Tweed case, I believe you are facing an irreparable conflict and therefore I am respectfully requesting that you remove yourself from any decision making process relative to this matter.”

Full text of Sen. Fasano’s letter is below.

Dear Attorney General Tong:

As you are aware, I co-authored a letter on July 16, 2019 requesting that your office appeal the ruling by the U.S. Court of Appeals for the Second Circuit in Tweed-New Haven Airport Authority v. Tong to the U.S. Supreme Court.

I am writing to you today to respectfully request that you recuse yourself from that decision making process. After a closer review of the extent of your political involvement and connection to New Haven Mayor Toni Harp and her clear stance opposing an appeal in the Tweed case, I believe you are facing an irreparable conflict and therefore I am respectfully requesting that you remove yourself from any decision making process relative to this matter.

My request for your recusal is based upon the following history of events, including an issue that came to my attention just last week:

1) On July 18, 2019, the New Haven Independent reported that you were making phone calls leading up to the New Haven Democratic convention last week on behalf of Mayor Harp in support of her candidacy as she was seeking the New Haven Democratic Party’s endorsement for her reelection campaign. (https://www.newhavenindependent.org/index.php/archives/entry/dems_endorse/)

2) On June 26, 2019 you were scheduled to host a fundraiser for Mayor Harp in Stamford, your home town, to raise money for her campaign for New Haven mayor. This event was only postponed after it was reported that the mayor’s administration is under a federal investigation. (https://www.ctinsider.com/news/nhregister/article/Harp-campaign-accuses-Elicker-s-wife-of-FBI-14054413.php)

3) During the 2018 Democratic Convention on May 19, 2018, Mayor Harp nominated you for Attorney General, which was reported to be a crucial benefit to your campaign by splitting the New Haven delegation and moving members away from another candidate. (http://www.courant.com/politics/elections/hc-pol-democratic-convention-live-story-20180518-story.html)

Based upon your political involvement with Mayor Harp and the extent of that involvement as recently as last week, paired with Mayor Harp’s outspoken opposition to appealing the recent ruling in Tweed-New Haven Airport Authority v. Tong, I believe it would be appropriate to remove yourself from the decision making process involving Tweed. After you recuse yourself, please let me know who will be making the decision on appealing the ruling in the Tweed case.

Thank you for your time and attention to this request.

Sincerely,
Len Fasano
Senate Republican Leader