Weekly Member Update - October 5, 2026

Written By Indivisible Albany Team

To the surprise of absolutely no one, adjudicated sexual abuser Donald Trump has expressed sympathy for the seven men accused of drugging and raping their Cornell classmate in October 2024, openly lamenting that the men “won’t get a fair shake.”

When last week began, there was every reason to believe that there would never be a real reckoning or true accountability at Cornell University in the wake of allegations that seven Cornell frat brothers had sexually assaulted an incapacitated woman for seven hours at a frat party two years ago. Matthew Van Houten, the Tompkins County District Attorney who hasn’t faced an election opponent in a decade, issued a highly unusual nine-page statement last Monday explaining that, in the wake of the alleged assault, he had been provided with signed six-page statement which Jane Doe had provided to The Cornell University Police Department. In Van Houten’s telling, Jane’s statement to the CUPD looked nothing like the allegations in the detailed 594-paragraph civil complaint that she filed in New York County on September 16th; according to Van Houten, Jane Doe “did not allege that she was drugged against her will or gang raped. On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual.” Van Houten did not explain why a 20-year-old woman would go to the police to report her own “voluntary, conscious, and consensual” sex and drug use, of course, but he was sure to explain his own inaction in the most sanctimonious way possible, while making sure to victim shame where necessary. Van Houten even told the New York Times that it wasn’t “even a close call” to not pursue charges because, even though “everybody across the world agrees that what happened was wrong, it was morally wrong, it was disgusting,” the allegations made by Jane Doe did not rise to a crime under state law. Finally, although Van Houten had already made his “legally correct” decision to not pursue charges against Jane Doe’s alleged assailants, because the Ithaca “community” had “asked,” Van Houten would grudgingly revisit his decision to not file charges in light of the allegations in Jane Doe’s civil complaint.

In the wake of Van Houten’s decision to reopen the case, the floodgates opened. First, the Ithaca Police Department revealed that Jane Doe’s assault had inexplicably never been reported to them by the CUPD. Then, Cornell released a statement contradicting Van Houten’s assertion that he had not been made privy to the already infamous Snapchat group text inviting other fraternity members to participate in Jane’s assault. And then, on Wednesday, Van Houten admitted that he had never seen the full transcript of the interview Jane Doe had given to CUPD wherein she had stated, “I can say with 100% confidence I was raped,” that she had given in to her assailants’ “coercion", that she was “completely and totally incapacitated” during the assault and that she “was being hit at the same time. Physically hit very, very hard.” Although there have been suggestions that it was Cornell’s decision to only send Jane Doe’s anodyne six-page statement to the District Attorney, later reporting has suggested that Van Houten’s office was aware of additional evidence in the hands of CUPD, but declined the opportunity to review it. And then came the revelation that the seven accused men had given divergent accounts of the night in question to Cornell investigators. Accordingly, by midweek, it was clear to legal observers, and anyone else with a brain for that matter, that prosecution of the Cornell 7 had been doomed to fail from the start, and that it was likely to go nowhere once again.

The case desperately needed a reset and, fortunately, Governor Kathy Hochul did the right thing and intervened, taking the case out of Van Houten’s hands and appointing the formidable Attorney General Letitia James as Special Prosecutor. Hochul has also committed to working with the Legislature to close the “voluntary intoxication” loophole in New York law that Van Houten cited in support of his decision to not pursue the case in 2024. Definitely another positive step. As for Van Houten, the voters of Tompkins County can have their say about him in 2028, assuming that the Commission on Prosecutorial Conduct doesn’t get to him first.

But, lest you think that all of the attention on the Cornell 7 has given those men an opportunity to reflect and consider the repercussions of their actions, you’ll probably be disappointed. Thanks to the intrepid investigation of @morewithmj, it’s now been revealed that one of the seven sued Cornell back in March, complaining that Cornell had found him guilty of “attempted sexual exploitation” in connection with his participation in the Snapchat group text and had made him write an essay, among other wrist-slaps, as punishment. A State Supreme Court Judge recently dismissed the lawsuit but, undeterred, the man has appealed to an appeals court here in Albany. The privilege and entitlement of these men is seemingly limitless.

Nineteen people sorta watch Donald Trump speak during a campaign rally in Mobile, Alabama. Jessica Koscielniak/Reuters.

So why do we bring up Donald Trump when discussing the Big Red scandal enveloping Cornell? Because Donald Trump and the Republican Party he lords over are the biggest impediment to meaningful change on this front (and many other fronts). Don’t get us wrong, there are plenty of despicable Democrat sex pests — just ask Monica Lewinsky, Lindsey Boylan or any woman who had the misfortune of crossing paths with Eric Swalwell — but, as Jamelle Bouie recently observed, the Trump “administration is indifferent to concerns around sexual violence against women [and] the movement around [MAGA] glorifies a kind of aggressive and predatory and domineering masculinity.” The Trump Administration has intervened to help the vile Tate Brothers, it has put an end to sex-based federal civil rights investigations and crippled title IX protections altogether, and it continues to cover up a massive pedophile sex trafficking ring run by Trump’s best pal, Jeffrey Epstein. Commerce Secretary Howard Lutnick is an Epstein Island visitor, and the oh-so-manly Defense Secretary Pete Hegseth has been credibly accused of sexual assault. Two-thirds of MAGA voters would support a GOP candidate accused of sexual assault and, as we speak, the Regime’s media allies, like Albany Law alumna Megyn Kelly, are rallying in defense of the Cornell 7 and hoping to unmask Jane Doe. So, while sexual assault, harassment and misogyny are undoubtedly a bipartisan problem, it is singularly the MAGA Republican Party and its media echo chamber which seeks to protect, if not glorify, the abusers and gleefully impugns the credibility of victims with holier-than-thou piety. Diminishing women (and anyone who is not a caucasian man) and toxic gender politics is the lifeblood of MAGA and its authoritarian project, and it is therefore utterly hopeless to pursue meaningful justice for all of the Jane Does while Republicans hold considerable power. Simply put, if we want the kind of societal change necessary to make stories like the Cornell 7 unthinkable instead of commonplace, the American public must first universally reject Donald Trump and the corrosive ideology of those that follow him. The Cornell 7 is at its core another example of the impunity of elites that animates so much of the Trump era; if we want a chance to fix that problem, removing Trumpist Republicans from power everywhere is a necessary first step.

Which brings us to No Kings: Vote Early. As you may have heard, the latest installment of No Kings will be a departure from the mass protests which have been a hallmark of the movement to date. Instead, Saturday, October 17 will be a day of action centered on our right to vote and driving early voter turnout in order to fight back against efforts to undermine our elections. National Indivisible is undertaking a three-pronged approach — door-knocking, phone banking and election protection efforts — and volunteer opportunities abound in battleground states and districts across the country. In order to support that effort locally, we here at Indivisible Albany will be channelling our resources into actions all over the 518. Our website will be updated regularly to keep you informed about street actions and canvassing efforts throughout the Capital Region on October 17 and, as always, this space will keep you informed about other goings on in the lead-up to the start of early voting on October 24 (which is also the deadline to register to vote in the General Election) and Election Day itself in 29 days. To that end, here are a few things to put on your calendar:

The Week in Flock

In a landmark ruling this past week, a federal judge in Oklahoma has ruled that a police officer’s use of Flock data as part of a drug investigation was in violation of the suspect’s Fourth Amendment rights against an unlawful search and seizure. If you don’t want to read the ruling yourself, Law Commentary has an excellent synopsis, but the facts are pretty straightforward. Tulsa Deputy Freddie Alaniz was parked on a highway observing traffic when Melisa Kyle’s Mazda SUV passed by bearing California license plates. Alaniz decided to follow the Mazda “for no apparent reason other than the fact that it had a California license plate” and as he did so, he ran the plate through the Flock system and was able to quickly determine that the car had travelled in the view of at least 50 Flock cameras across several states over the preceding month. Then, after observing Kyle engage in a few minor traffic violations, Alaniz pulled the vehicle over, ran the vehicle registration and engaged with Kyle briefly. Ultimately, Alaniz elected to not issue Kyle a traffic ticket, but instead subjected the Mazda to a canine search which revealed a quantity of narcotics inside.

Upon Kyle’s motion to suppress the evidence against her, Federal District Judge Sara Hill — a Biden appointee who previously served as Attorney General of the Cherokee Nation and who was endorsed by both then-sitting Republican Oklahoma Senators, including current DHS Secretary Markwayne “Two Names” Mullin — determined that Alaniz’s use of Flock was an unconstitutional warrantless search and, in so doing, Judge Hill rebutted the all-too-familiar refrain we hear continuously from the ALPR fan club, that “a person travelling in an automobile on public thoroughfares has no reasonable expectation of privacy in his (or her) movements from one place to another.” Acknowledging the advanced technology now in the hands of law enforcement and that people have a constitutionally protected “reasonable expectation of privacy in the whole of their physical movements,” and characterizing ALPRs as “indiscriminate mass surveillance,” Judge Hill crystalized the problem as follows:

“Think about it this way. We might reasonably expect our friends and family to tell us something like: ‘Hey, I saw you out driving by the store last week.’ But we do not expect people we know — let alone strangers, and especially not law enforcement — to randomly approach us to say: ‘Hey, I have been following your car for the last 30 days, and here is a detailed log of every place your vehicle has been with supporting photographic evidence. I am also going to share this information with law enforcement throughout the country so they know your whereabouts, too.’ Freedom from persistent, dragnet-style surveillance while in public is not a foreign concept in our society, and it is a reasonable expectation that society already accepts. This is the same expectation of privacy that the Supreme Court has continued to recognize in cases like Carpenter and Chatrie. Cell phones also move in public places where people can see you in plain view. But it becomes constitutionally problematic when law enforcement can indiscriminately and passively catalog your whereabouts over an extended period of time and then use that information for any purpose whenever convenient.”

Kudos, Judge Hill, we couldn’t have said it any better ourselves. Now, bear in mind, Judge Hill’s order is not necessarily binding on other courts who will be confronted with the ALPR issue, and as Judge Hill herself acknowledged, other courts have gone the other way in similar cases. But, Judge Hill’s opinion is a well-reasoned application of Supreme Court precedent — including the Court’s 6-3 liberal/conservative consensus opinion in Chatrie earlier this year — and should carry considerable persuasive weight even as the decision winds its way through appellate courts. The legal tide on ALPRs is turning.

Taste of Italy Is No More

Sadly, it looks like the Capital District won’t have Frank and Alyssa Cappello to kick around anymore. The notoriously bigoted “restauranteurs” have seemingly fled the 518, proving once again that hate doesn’t stand a chance against a coordinated campaign of relentless activism and hilarious online trolling. Although the Cappellos’ new Grazie venture on Northern Boulevard still has a website depicting fictitious, AI generated staff and trumpets a July 2026 grand opening, according to State Liquor Authority records, their on-premises liquor license No. 0340-26-246927 is no longer active. Now comes word from the Times Union’s Steve Barnes that the Cappellos’ flagship Taste of Italy storefront in Latham has closed and has been replaced by La Famiglia Pizza & Pasta, an operation run by, fittingly, an immigrant family from Armenia. We congratulate the new proprietors on getting the contents of Taste of Italy for “a very low price” (LOL) and wish them all the luck in the world. According to new owner Ervin “Vini” Dalipaj, La Famiglia will be a welcoming place for everyone, and, according to Dalipaj himself, the pizza will be “way, way better” than the slop that Frankie Fresh delivered. Meanwhile, the ever-classy Alyssa Cappello penned an unhinged goodbye letter to the Capital Region (or, as she calls it, “the stank ass 518”), in which she took the opportunity to double down on her Islamophobia and hate. We’re not sure what new part of the Country the Cappellos are now going to be contaminating with their presence, but we sure are proud of the Stank Ass 518 for showing them the door and driving them away. Good work, y’all.

Oh Albany!

Here in our own fair City, despite questions about his involvement in a $19,000 lobbying contract which the Administration of Albany Mayor Dorcey Applyrs entered into earlier this year, the nomination of Albany Democratic Machine scion John Reilly Jr. to become the City’s next Corporation Counsel has moved forward. We greatly appreciate the dissenting votes on this nomination by Common Council members Deirdre Brodie and Meghan Keegan; the Junior Reilly has been a member of the New York bar for barely more than two years and, if confirmed, he would be called upon to participate in virtually every aspect of the City’s official business. It seems to us that, in a City chock full of lawyers, there has to be someone more qualified for this significant post than young Mr. Reilly. After all, he only marginally exceeds the qualifications for the civil service lawyers who will be working beneath him.

One would also think that the Applyrs Administration would be looking to avoid accusations of cronyism and other controversy given the ongoing firestorm concerning the City’s fiscal crisis. Earlier this week, the State Comptroller issued a scathing report which concluded that “that significant revenue and expenditure estimates in the City’s fiscal year 2025 and 2026 adopted budgets were not reasonable. City officials did not prepare budgets using realistic estimates based on historical trends, actual results and the most current and accurate information available. In addition, City officials relied on nonrecurring revenues to fund recurring expenditures.” As the Times Union’s Chris Churchill has pointed out, the Comptroller’s report is a damning indictment of the budgetary practices of former Mayor Kathy Sheehan, but Applyrs — herself the former City Auditor — and other City officials can hardly escape criticism here. It’s also not lost on us that, as the Times Union has pointed out, some people — including Karl Urich from the estimable Albany Data Stories — saw this coming and told the Common Council as much last year. On Thursday, Applyrs unveiled her proposed fix to the $26 million budget deficit the City is currently facing — and $35 million deficit it faces next year; a $257 million spending plan that hikes property taxes by 15% and eliminates 44 City jobs. Ooof.

The Albany Common Council has scheduled a series of meetings, hearings and work sessions over the next month concerning the 2027 Albany Budget, and we encourage all Albanians to not just attend as many of these sessions as possible, but to make their voices heard in terms of the City’s path forward. For instance, off the top of our heads, we know how the City could save at least $40k per year; just terminate the City’s Flock contract! But, even more significantly, it’s noteworthy that the State Comptroller identified spiraling health care costs for the City as one of the biggest drivers of the current budget deficits. While we wait for Medicare for All on the federal level, New York has the New York Health Act just sitting there waiting for the necessary legislative and gubernatorial support to bring single payer healthcare to New York State and potentially bring millions in municipal health care savings along with it. To that end, our friend, Professor Ashley Fox is planning to press the Common Council on tonight to call upon their state government allies and Governor Hochul to enact the NYHA during the next Legislative Session, and we encourage others to join in efforts to encourage passage of the NYHA; not only is heath care a human right, the NYHA is also a potential mechanism to assist Albany in solving its budget crisis.

Indivisible Albany Team
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Weekly Member Update - September 28, 2026