Tag Archives: DiPietro

Guns and Fun Unter dem Totenkopf

6 May

Waffen und Spaß!




Shown above are three images from Assemblyman David DiPietro’s (R-Gunhug) recent gunapalooza fundraiser. A supporter posted them to Twitter, and they seem to have been taken during the “free gun” portion of the event.

Note the skull & crossbones – the Totenkopf – behind DiPietro.  Reading “2nd Amendment 1789 America’s Original Homeland Security”, that flag is as ugly and ominous, and makes believe we still live in a postrevolutionary frontier. Our original homeland security was made up of state militias, well-regulated.

It must be so horrible to live a life so perpetually in fear of imminent danger and violence that you feel the need to arm yourself to the teeth, and then tell people it’s all about “sportsmen”.  Then, when Cuomo says a sportsman doesn’t need 10 bullets to kill a deer, you mock that. Because it’s isn’t about sportsmen or target shooting or hunting, it’s about protecting yourself from Obummer and Hitlery Klintoon and il Duce Cuomo.

I don’t have a problem with legitimate sportsmen or people who want to keep a gun in their home for protection. I do have a problem with the paranoid freaks who demand the right to own an arsenal so they can kill all the people. I have a problem with nuts like the guy in Minnesota who, sick of break-ins, sat in the dark, with tarps at the ready, to shoot and kill the next people to do so. Now, he only used one gun that he purportedly kept in his house for “protection”. If you listen to the nauseating audio of the actual double murder, towards the end he gives a speech.  In it, he regurgitates all the NRA propaganda he can muster. You get a window into what it’s like when the gun lobby takes a legitimate self-defense right and turns it into a license to murder.

Thankfully, the prosecutors and the jurors saw through this and convicted this ignorant monster of murder. As a society, we’re trying to make it more difficult for unhinged lunatics to commit mass-murder. We’re trying to make it more difficult for the criminals and the insane to obtain, own, and possess firearms and ammunition. I frankly don’t understand why the DiPietroite gun nuts and the gun lobby are standing in the way of those goals.


How to Be Horrible at Government

14 Feb

A tipster directed me to the Facebook page for Assemblyman David DiPietro, to review this:


I realize that anti-toll activist, perennial candidate, and Paladino chauffeur/flunky Rus Thompson wrote the text shown above, ignoring as it does science and logic to suggest that first and second graders – 6 and 7 year olds – have some need for contraception, despite being half a decade out from puberty. But he gets other details wrong, too – it doesn’t allow under-17s to get the morning after pill over the counter.

When I took a look at the bill, I saw that it amended a current law to allow doctors, midwives, and nurse practitioners to prescribe Plan B – the “morning after pill” – to girls who are not their patients and are, in effect, victims of statutory rape and sexual abuse. In fact, if one’s aim is to reduce the number of abortions, this law would be ideal – because Plan B’s efficacy is dependent on the speed with which it is administered, girls under the age of consent who become pregnant through statutory rape and abuse need quick access to this high-dose contraceptive. Plan B is not an abortifacient, and the age of consent in New York is 17.

Why would Assemblyman DiPietro want to limit victims’ access to a drug that would avoid pregnancy and possible abortion?

Assemblyman David DiPietro (R,C-East Aurora) has come out against legislation, Assembly Bill 420, known as the Unintended Pregnancy Prevention Act. The legislation would allow minors, including those in elementary and middle school, to obtain morning after contraception in an effort to avoid pregnancy without consulting their parents or physicians. Instead, the assemblyman is pushing for adoption to be promoted instead of morning after contraceptives.

“A minor should not be making the life-altering decision of terminating the potential for human life, let alone be making that decision without parental or medical consultation. I find this piece of legislation to be without merit,” said DiPietro. “These children have to be made aware of their actions, their repercussions and the full spectrum of their options. Adoption is an underutilized service in New York State and the country in general.”

Statutory rape is a construct of the law, which deems that girls under a certain age are not capable of consent to sexual activity – just like you’re not capable of entering into a contract before the age of 18. If a girl under the age of consent gets pregnant due to a criminal act, discretion and compassion are of primary importance – worry about the 15 year-old child, not the possibly fertilized egg cell.

It’s never a good idea for middle-aged men to be legislating how girls and young women protect themselves from the physical and emotional after-effects of sex abuse.

He also opposes a law that would educate the children of “illegal immigrants” living in New York. Because, you know, ignorant and uneducated undocumented aliens are somehow better for the society than educated, productive ones.

If only “no” votes could be given catchy names, like the bills being voted on. DiPietro’s vote could be the “Statutory Rape and Sexual Abuse Pregnancy Protection Vote”.

Buffalo Talk Show Host: al Qaeda better than the Government

29 Jan

On January 24th, during the 11am hour, Entercom’s WBEN talk show host Tom Bauerle and his guest, Assemblyman David DiPietro (R-147), discussed what they consider to be constitutional jurisprudence, the supposed coming confiscation of all guns, how Obama has destroyed America, and the fact that armed citizens must be ready and willing to assault and murder law enforcement when they come to take your guns. All of this semi-informed nonsense culminated with Tom Bauerle exclaiming, “I regard the [US] government as a greater enemy than al Qaeda”. Because? Because guns. 


Tom Bauerle and al Qaeda: besties.  This guy is a never-ending compendium of lowest-common denominator derp. 

Buffalo’s ultra-right wing is always lurching from manufactured outrage to conspiratorial fever-dream, and has WBEN’s morning host Tom Bauerle to act as its lurcher-in-chief, spokeschampion, and ur-patriot. Last week’s outrage involved the New York State gun legislation that was recently passed by overwhelming state senate and assembly majorities. Signed by Governor Cuomo, New York’s gun regulations rank among the toughest in the United States, and people who take issue with them promise to fight them through litigation. 

That is, after all, how our system of laws; our representative democracy with its checks and balances, is intended to work. 

It’s the sort of thing that gets a particularly uninformed and ignorant part of the community angry and riled up. These are people who bastardize Martin Niemoller’s famous quote about encroaching fascistic tyranny into, “first Hitler came for the Germans’ guns” and “then Stalin came for the Russians’ guns” and they were just given up willingly, and so Europe endured genocide and war. This is all part of the “fight tyranny” falsehoods that people have built into the 2nd Amendment, whose true purpose was to ensure that the United States – which did not have a standing army at the time – could call up militias who would already be armed, in order to defend the country against its foes. Nothing in the Constitution, nor in the case law, nor in the vast volumes of statutes of the United States gives citizens the right to take up arms against the government. 

Being the constitutional scholars that they purport to be, one would expect Mr. Bauerle and Assemblyman DiPietro to be somewhat familiar with the 5th Amendment’s Taking Clause and its interplay with the 14th Amendment’s Due Process Clause, which together stand for the proposition that the government cannot arbitrarily take one’s private property without due process. Instead, derp. 

At one point, Assemblyman DiPietro alleged that his legislative colleagues have no respect or understanding for the constitution; that they consider it to be a nuisance. Such inflammatory talk from someone who is himself so fundamentally ignorant of Constitutional jurisprudence is despicable. Perhaps the 5th and 14th aren’t taught as part of the BBA program at Wittenburg University, nor must they make up part of the communications or history curriculum at UB, however this doesn’t mean they don’t exist. Derp. (Hey, what part of “shall not be infringed” does Antonin Scalia not understand, AMIRITE?)

Turning to the radio program in question, lest anyone think I heard it live, here’s how I found out about it on Thursday, January 24th: 

Here is the clip, within its context, with Assemblyman DiPietro’s comments immediately preceding it: 

Bauerle and al Qaeda: Besties

And this wasn’t some fluke: 

183 people like that. Several more left encouraging comments, (all [sic]) like Richard Wheeler, who suggests that this is “counterrevolution. The dems drew first blood”. Laurel Krupski thinks it was “Well said !!” Kale Crum says, “The one thing thats preventing a full on revolution is the air cover the US military currently has. The only way thats mitigated is if there is a secession and the leaving states claim ownership of airbases and military equipment in state. I see it coming and hopefully can get a shot in before i myself am taken out. Snipers Unite!!!!” At least one commenter, Jim Walczak, brought up a discredited, false quote from Josef Stalin. Because guns go with derp. 

Here we have a talk-show host, employee of a multimillion-dollar public corporate entity, taking to the publicly owned airwaves and to a corporate-sponsored Facebook page to talk about armed insurrection, and to favorably compare al Qaeda to New York and the United States. Wow. 

I know that Bauerle is a conspiratorial birther, but I have yet to see the proposal to turn America into a part of al Qaeda’s global caliphate.

In fact, Obama comes under much criticism for maintaining a “war on terror” policy whereby unmanned drones are used to target suspected al Qaeda terrorists. I am not, however, aware of any government policy encouraging or permitting the deliberate or indiscriminate targeting of civilian non-combatants. When you see Governor Cuomo or Hillary Clinton post a video to the internet wherein he and some cabinet henchmen behead a captive, you let me know. When the state sets up a paramilitary training camp to train terrorists to mass murder civilians, you let me know. When Shelly Silver hijacks a plane or three to hurl it into some landmarks, you give me a holler. When Harry Reid or John Boehner dons a suicide bomb and detonates it in a crowded shopping area, text me. 

As for Assemblyman DiPietro, he was perfectly content to stay on the line and talk with Bauerle through another several segments after Mr. Bauerle expressed his comparative admiration for al Qaeda. But he didn’t hear that; Mr. DiPietro released this statement: 

I was interviewed via telephone Thursday by WBEN’s Tom Bauerle. I have a great deal of respect for Mr. Bauerle and I am a fan of his show. I did not hear him compare the New York State government to al Qaeda. As a legislator, I am a member of the New York State government and I do not believe we are the moral equivalent to the world’s most dangerous terrorist organization.

There you have it – a sitting Assemblyman appearing on a radio program in Buffalo, NY, having to issue a statement disavowing the radio host’s statement that the United States is a terrorist organization? These sorts of discussions didn’t, interestingly enough, take place when, e.g., the government made up stories about Iraq developing weapons of mass destruction and nuclear weapons in order to start a war.

You can disagree with the new gun laws the state passed. You can protest them. You can move to another state. You can file a lawsuit to challenge it. You can do just about whatever you want, within the law. You can even go on the publicly owned, privately licensed airwaves to favorably compare al Qaeda to New York State, if you’re a complete mental defective who spends time on the radio advocating secession and civil war, riling up every gun nerd with a micropenis and an AM radio. 

Indeed, to the extent Bauerle’s political speech doesn’t make the shift into armed insurrection or outright treason, he has every right to say or write whatever idiocy he wants to. But you can’t get away with saying it in a vacuum, and I – you – have every right to expose it, criticize it, and hate it. And frankly, his speech is perilously close to the kind of speech that is expressly prohibited by Article III, section 3 of the Constitution

It comes full circle – the people who remained silent during the run-up to the Iraq war tainted anyone who opposed it with the “treason” brush. But now, with a duly elected Democratic government, treason and armed insurrection is all the rage. 

I don’t quite understand why Entercom (ETM) or WBEN thinks it’s a good idea to have its commentators make stuff up about confiscation (as if Albany was going to pass a law to reimburse people for the confiscation of their guns), but Bauerle and his corporate parent Entercom are whipping gullible, already angry gun owners into a much bigger frenzy.  If they keep it up, I fear one of them will hurt someone. Maybe a cop. Maybe you. 

Nary a word was spoken about the fact that a lunatic stole his mother’s militaria in order to massacre almost two dozen first graders. Mssrs. Bauerle and DiPietro make stuff up about the Constitution and denigrate the patriotism of those who think that gun violence is a problem in this country, but they cavalierly reject any notion that people – that parents – have a right to be free from gun violence that is at least equal to their right to arm themselves against some fantasyworld. Assemblyman DiPietro argued that humans have always been violent; after all, Cain killed Abel. 

Constitutional questions should rarely be settled with allusions to Biblical allegories. 

In the meantime, who will protect us from the tyranny of the angry, violent, and misinformed 2nd amendment revisionists? 

Tea Party Factionalism and Exclusion

8 Apr

We’ve enjoyed endless schadenfreude over the last couple of years, watching the local tea party factionalize and bitterly fight over stupid crumbs. (The root of the rift seems to center around last year’s crowded race in SD-59 to replace Dale Volker). One wing features libertarians and birthers, while the other wing features Palinists and birthers. One would think they could at least find common ground on Obama being an Indo-Kenyan Communist usurper.

The glibertarian tea party is run by characters such as Jim Ostrowski and David DiPietro. They claim doctrinal purity, outsiderishness, and expressing hatred at some “political class,” which they are both firmly members of.

The Palinist tea party is run by tricorner-clad Rus Thompson. They are more closely aligned with the Republican establishment, but tend to skew more right-wing and somewhat less pragmatic than the GOP committees. The Ostrowski wing denounces the Thompson wing as “TeaGOP”.

Meanwhile, 99.9% of western New Yorkers couldn’t give a crap about far-out glibertarian thought, nor about fringe wingnut theory.

Yesterday, the Ostrowski wing held an event at Brennan’s Bowery Pub to announce that it was endorsing Jack “I hate the browns” Davis for congress in NY-26. If you’re wondering how that may have come about, you should know that both DiPietro and Ostrowski are on the Davis campaign payroll. They claim to have abstained from the vote (results of which aren’t revealed), but really?

At the same time, the Thompson-led group held a “candidate’s forum” near Niagara Falls within the 26th district. It was an event in a public hall, openly advertised as being open to all candidates and prospective voters. Except Ian Murphy from the Green Party. He was not permitted to speak, and instead was left handing literature out in the parking lot. The only candidate to show up and speak to this collection of political misfits was, of course, Jane Corwin. Miraculously, she got their endorsement!

Wow! You can feel the excitement at the Corwin campaign as she dives headfirst into a stupid feud and panders to people driving 15 year-old Oldsmobiles defending the rights of billionaires to not pay taxes. And you can imagine the high-fives and sheer joy at Davis HQ when it was revealed that Davis’ own campaign staffers endorsed him! Wow! This politics thingy is fun!

Corwin went so far as to Tweet her thanks for being endorsed by a bunch of conservative Republicans.


Jack Davis’ Twitter feed seems to be filled with pandering to the gun fetishist vote.

But what we’ve established is that the Palinist wing of the local tea party is fundamentally undemocratic and exclusionary. By excluding the Green Party candidate for being not “serious” they’ve betrayed the democratic process they so claim to defend and love. Ian Murphy may be using humor to run for office, but he’s also talking more substantively about issues than any of the other candidates right now, who rely on carefully crafted, focus-grouped messages designed to be sound and fury, but signify nothing.


Meet Cynthia Appleton #SD59 #NYSenate

28 Sep

Now that Jim Domagalski, Pat Gallivan, and David DiPietro will all be battling to split the right-of-center vote three ways in Volker’s SD-59, Wyoming County nurse Cynthia Appleton is uniquely positioned to give the Dems a pick-up in the state senate.

Meet Cynthia Appleton.


Contribute via ActBlue


DiPietro Back on the November Ballot

27 Sep

Judge Drury rules that David DiPietro qualifies for the November general election on the Tea Party line in SD-59.


DiPietro’s Poll and Unintended Consequences

8 Jul

Yesterday morning, David DiPietro – Tea Party candidate for State Senate SD-59 – sent an email to an unknown number of people, including me. There was no text or other explanation for why I received a grammatically incorrect, poorly spelled poll report that showed DiPietro trailing Pat Gallivan.

DiPietro has never before seen fit to send me an email or otherwise correspond with me in any way, and although the complete list of recipients was hidden in a bcc block, I imagine I wasn’t the only one to get it.

So I printed it, and simultaneously emailed him back a list of questions about the sourcing of the poll. We discussed it yesterday afternoon on Brad Riter’s radio show on WECK 1230. Today I discovered why I received it.

From Allen Coniglio from the Ostrowski wing of the local Tea Party:

In any case, in recent days, pressure has been put on Dave DiPietro to leave the 59th district senate race. Polls show Domagalski far behind, gathering only single digit support, while Dave and the pension padding Gallivan are neck and neck. Dave refuses to get out of the race and this is really upsetting the folks at the TeaGOP machine as Domagalski is their major line of support within the Republican machine. Langworthy, who as you may already know, is the guy who was appointed by Domagalski to replace him when he stepped down to run in the 59th race, is an errand boy who will find nothing to support him when Domagalski, TeaGOP, and the Republican machine inevitably crash and burn. Langworthy should do the honorable thing and step down now but he won’t as he has no honor. Thus, TeaGOP is in a very difficult situation. They cannot release their endorsements as the 59th race is a true burden for them. Remember, it is the fact that Rus Thompson tried to force Domagalski in as the tea party candidate in the first few days of April and Jim Ostrowski’s and my refusal to go along with such an obviously phony candidate, that caused the original breakup of the TPC. And, it was from this thwarted move that RT said to Langworthy 10 days later that he has a plan to take us out at the knees. Why take us out at the knees? Because we were in his way and he needed us destroyed so that he and the GOP could control the tea party in Buffalo and Western NY. You have seen much of their work right here on ReformNYS as they tried to blacken our names and they have done the same thing on other blogs as well. Well, they are still busily at work, trying to thwart the will of the people and trying to establish the TeaGOP machine as a subsidiary of the Republican machine.

Notice how “subtle” these people are. In printing Dave DiPietro’s request for petition help on their TeaGOP newsletter, they took the special step of misspelling Dave’s name in order to send a very clear and compelling message. It is copied and pasted below for you to see. Instead of writing “DiPietro”, they wrote “DiePietro”. The subliminal intent is quite clear and as crude as everything else they do. “Die Pietro”.

So, DiPietro is being pressured to leave the race so that what – Domagalski has a shot against Gallivan? Stepping gingerly through Coniglio’s self-righteous conspiracy theories, that’s what seems to be going on. That would explain why DiPietro would send an unsolicited email showing one poll answer from a greater poll.

But commenter Fat Tony says – not so fast.

…now that DiPietro publicly released these results to you, state Election Law requires that he release the full poll, including all questions and results, cross tabs, sample size, demographics, margin of error, etc. The law is in place to specifically prohibit what he is trying to do, which is selectively release information. For all we know, the preceding questions leading up to the one he sent you might have been pushes to kill Domagalski Furthermore, I doubt the question was open-ended as it appears in what he sent you so how they identified each person really matters.

The question would normally be: there are three Republican candidates running in a primary election for State Senate: former Erie CountySheriff Patrick Gallivan, former East Aurora Supervisor David DiPietro and former Erie County Republican Chairman Jim Domgalski. If the election were held today, for whom would you be voting.

I looked into it and confirmed that Election Law Section 3-106 requires the BOE to set up a “Fair Campaign Code” as part of their rules. Rule 6201.2 of that Fair Election Code applies here.

Click to enlarge

So, 24 hours down, 24 hours to go for DiPietro to release the poll – in its entirety – to the Board of Elections. If he doesn’t, there is a complaint procedure to follow.

In the words of political philosopher Ke$ha, Tick tock.

The Republican Race in SD-59 So Far

7 Jul

Republican candidate for SD-59 (the Volker seat) David DiPietro emailed this result from a poll of unknown provenance. It explains why the Independence Party endorsed Pat Gallivan. They figure he’ll win, and he can provide them some J-O-B jobs.

Bear in mind, DiPietro’s been in this race forever, and Gallivan’s been in it for about 2 minutes. Notably, Domagalski is nowhere. Also notably, “undecided” is doing pretty well, too.

I emailed DiPietro these questions:

Who commissioned this poll?
Who conducted the poll?
When was it conducted?
How was it conducted?

When I hear back, I’ll update this post.

SD-59. Crowded.

5 May

Yesterday, former Erie County Republican Committee chairman Jim Domagalski announced his candidacy for what has for 40 years been Dale Volker’s state senate seat. In that 40 year period, WNY and Volker’s district has rapidly declined despite his – and senate Republican – “leadership”. It’s safe to say that no matter who wins, the people of that zig-zagged gerrymandered district may be better off.

Of course, I don’t think we need a state senate. And if you thought about it, you’d reach the same conclusion. Last year, we asked Bill Stachowski and Antoine Thompson why we needed a state senate, and the reply was comically free of substance. Yesterday, WNYMedia.net asked Domagalski essentially the same question, but we rephrased it to use the term “bicameral legislature”. Here’s Domagalski’s response:


Good answer, and he’s technically right that the Senate acts as a de facto check on the more populous Assembly.

But a unicameral legislature doesn’t mean abolish the Senate and leave the Assembly as is. Unicam means abolishing both legislatures in their current form, and creating something completely new out of whole cloth. Everyone out, nonpartisan redistricting based rationally on population, and nonpartisan election with no party caucusing. See Nebraska. If you couple that with the Brennan Center’s recommended reforms to ensure that there is freedom to propose bills and free debate, then you have an opportunity to genuinely return the government to the people.

Across-the-board tax and spending cuts address the symptoms, not the disease.

Also entering the race is a lone Democrat, Chris Sasiadek. You can check out Chris’ Facebook page here.

The war within the local Republican party is embodied by the apparent entry in this race by former Erie County Sheriff Pat Gallivan. It’s rumored that a faction of the local GOP loyal to Tom Reynolds (rolleyes) is upset at Domagalski for the way in which Volker was allegedly pushed out of the race by the former party chairman, and Gallivan is their revenge.

In addition, there is a genuine birther in the race. David DiPietro primaried Volker last time around, and won in Erie County. DiPietro hosts a weekly radio program where he takes phone calls only from his good friends in the Tea Party movement. If you want to know what radio shows sounded like in dictatorships, that’s your show. He has since become a leader in the fractured local tea party movement (he is aligned with the Paulist Ostrowskiite faction), and his name popped up in the group of Paladino emails WNYMedia.net received last month.

Check out that idiotic, ignorant birther email. “Heeza Muzlim”, for God’s sake. One glance tells you it’s false. Snopes confirms it. As a matter of fact, Snopes counts 47 urban legends being created about George W. Bush. For seekrit kenyan muzlim frum indoneezha Barry Soetoro, there are now 87. Of those, 43% of the Bush rumors were true. Only 9% of the Obama rumors are true. The birther movement is a particular strain of xenophobic, ignorant conspiracy mongering, and its adherents don’t deserve to be treated seriously.

Primary Challenge founder Len Roberto had earlier decided that his annual run for office would be for Volker’s district, but he’s since decided to run for Congress against Brian Higgins (NY-27). Roberto belongs to the rival, Palinist wing of the local tea party movement.

There has also been a rumor spreading about former IP chairman Tony Orsini running as a Democrat. That would be humor of epic proportions.

Open Senate seats only pop up in this case once every two generations. It’ll be interesting to see if the campaigns rise above the angry pablum that seems to be in vogue now (See Paladino, Carl) and actually begins discussing serious ways to fundamentally change how Albany does business.

Karma is a Bitch for Volkeristas

27 Oct

Recall, if you will, the fact that Volker Chief of Staff Harry Wahl told a DiPietro supporter the following some time ago:

“I was at a fundraising event one night [May 31st] with my wife Laura and a man who I didn’t know approached me and said ‘I don’t know if you’ve heard but Dave DiPietro is running against [Dale] Volker for State Senate'”, explains Gunner. “I said yeah, I heard something about that.” Gunner said Wahl then told him “If you help DiPietro you will become my enemy. And if your wife supports him you will become my enemy.”

Gunner went on to detail more of the conversation. “He told my wife, ‘If you are friends with Theresa DiPietro you should start saving her moving boxes, because when I am done with her husband, she will be divorced. He will lose his house and his business.’ Then he told us he had the resources available to make it happen.”

Initially he thought it was a joke, but soon found out it was not.

Who was the man that approached him? Gunner said it was Harry Wahl. Wahl is husband of Town of Aurora councilmember Kelly Wahl and an Aurora resident. He is also the Chief of Staff / Director of District Operations for State Senator Dale Volker according to his page on LinkedIn. Wahl was also part of an investigation that led to the guilty plea for intentionally failing to report expenditures of the committee called the “Friends of Terry Yarnall”.

Isn’t that charming? Volker is so proud of the record of FAIL in his three decades in the State Senate, that he and his hacks have resorted to outright threatening those who might oppose him.

Well, karma’s a bitch for overpaid Volker goon Harry Wahl, because evidently his wife recently filed for divorce in Erie County Supreme Court. I guess he ought to, you know, “start saving [his] moving boxes.”

Normally, I wouldn’t give a crap if some two-bit hack’s wife dumped him, but given the intimidation and scare tactics that this Republican pissant engaged in with respect to the DiPietro campaign, it is relevant, and it serves him right.