A Queens Republican operative fighting public corruption charges is hurting his own defense — and potentially violating conflict-of-interest laws — by continuing to use a law firm whose lead partner is running for Congress, the feds allege in new court papers.
Assistant US Attorney Justin Anderson asked Manhattan federal Judge Kenneth Karas on Monday to “conduct an inquiry” into the potential conflict over ex-Queens GOP Vice Chairman Vincent Tabone using a Mineola law firm partnered by Republican Grant Lally.
The Post reported in February that Lally was raising eyebrows in political circles by telling people he’s running for Democrat Steve Israel’s Congressional seat on Long Island.
In light of his campaign, Lally later handed over the assignment of representing Tabone — who is accused of pocketing $25,000 as part of a failed scheme to get state Sen. Malcolm Smith (D-Queens) on the 2012 GOP line for mayor — to other lawyers at his firm, including his wife Deborah Misir.
But the feds say that is still not enough to “protect Tabone’s constitutional right to conflict-free representation” and believe the firm must be replaced.
“The continued representation of Tabone by Lally & Misir, LLP, creates a possible conflict due to the risk that the interests of Tabone and his attorneys might diverge based on counsel’s belief that events occurring in Tabone’s case may assist or hinder Mr. Lally’s congressional bid,” Anderson wrote Karas.
Anderson also pointed out that Lally’s own “political interests could be undermined” if you believe the defense team’s own “logic” that key statewide GOP campaign strategies could be “exposed” unless the June 2 trial set for Tabone, Smith and other co-defendants is delayed until after November’s elections.
“Under counsel’s reasoning, it might be the case that calling a particular witness would be helpful to Tabone’s defense but cast Mr. Lally’s political party or his interests in an unfavorable light,” he noted. “Under that scenario, the decision to call such a witness might be influenced — consciously or unconsciously — by Mr. Lally’s concern for his electoral interests.
“That risk is underscored here, as Mr. Lally and Ms. Misir are also married and therefore Mr. Lally’s interest in his Congressional race is likely shared in considerable measure by Ms. Misir.”
Karas, a Republican appointed to the federal bench in 2003 by George W. Bush, has ordered the law firm to respond to the feds’ brief by April 7.
Misir, in a statement, said the motion by Manhattan US Attorney Preet Bharara’s office to “disqualify” a “Republican law firm from representing Republicans is obviously politically motivated and has no basis in law.”
She also accused the Democrat Bharara of “having insecurity with powerful women.”
“To ask that a female attorney be disqualified because she is ‘the wife’ of the Republican/ Conservative nominee for U.S. Congress is the worst form of misogyny and sexism, and fundamentally anti-woman, more appropriate in Saudi Arabia than the United States of America,” she said.