Capitol Confidential with Dan Clark

Capitol Confidential with Dan Clark

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Capitol Confidential with Dan Clark
Capitol Confidential with Dan Clark
Hochul blames judges for bail law back-and-forth

Hochul blames judges for bail law back-and-forth

They don't know how the law is supposed to be applied, Hochul said.

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Dan Clark
Aug 26, 2025
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Capitol Confidential with Dan Clark
Capitol Confidential with Dan Clark
Hochul blames judges for bail law back-and-forth
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Good afternoon — it’s Tuesday and Women’s Equality Day.

In today’s CapCon:

  • Gov. Kathy Hochul said Tuesday that judges still don’t know how the state’s bail laws are supposed to work and called for a fix.

  • But court officials have already responded to those claims, including after Hochul vetoed a bill that would’ve required more training.

  • All colleges and universities in New York will soon be required to have a Title VI coordinator. Here’s what that means.

  • Municipalities would have more power to protect their watersheds under a newly proposed bill.

  • New York may soon provide the right to an attorney in certain Family Court proceedings.

Names in today’s CapCon: Donald J. Trump, Kathy Hochul, Joseph Zayas, Anna Kelles, Robert Tembeckjian, Michelle Hinchey, Rachel May, Bill Weber

Hochul on Tuesday (New York Governor’s Office)

⚖️ Hochul spoke with Trump about bail laws, pins problems on judges

As I said yesterday, there are a lot of misconceptions about New York’s bail laws.

Some people just don’t know how the laws work, which is understandable. If you read them, you’ll be confronted with a barrage of legalese that resonates more closely with Wingdings than anything you or I would write.

If you want to give it a shot, here’s where you can read the section of those laws that determines if someone can be held on bail or must be released.

Those laws are now in the crosshairs of President Donald J. Trump, who signed an executive order Monday directing his administration to identify states that have eliminated cash bail and require defendants to instead be released before their trial.

Trump after signing the order Monday (Evan Vucci/Associated Press)

Gov. Kathy Hochul said Tuesday that she’s spoken to Trump in recent days about the state’s bail laws and argued that he’s misinterpreting them.

“He can misstate the facts, say what he wants to say, but he’s wrong,” Hochul said.

New York hasn’t eliminated cash bail entirely. It’s no longer allowed in most cases when someone’s charged with a misdemeanor or nonviolent felony. It remains an option for more severe charges.

But there are two groups of people who are supposed to be able to interpret the laws as they were intended by the state Legislature: attorneys and judges.

Hochul blamed the latter group Tuesday for the ongoing confusion over New York’s bail laws and accused those jurists of not knowing how they’re supposed to be applied from the bench.

“(Trump) gave this whole memo of all these examples — many of the cases were bail eligible, but guess what?” Hochul said. “The judge decided to do something different than what the prosecutors had asked for rightfully under the law.”

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