Dennis Vacco
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Dennis C. Vacco (born August 16, 1952) is an American lawyer and
Republican Party Republican Party is a name used by many political parties around the world, though the term most commonly refers to the United States' Republican Party. Republican Party may also refer to: Africa * Republican Party (Liberia) *Republican Party ...
politician. He graduated with a B.A. from
Colgate University Colgate University is a private liberal arts college in Hamilton, New York. The college was founded in 1819 as the Baptist Education Society of the State of New York and operated under that name until 1823, when it was renamed Hamilton Theolog ...
in 1974, a J.D. from the
University at Buffalo Law School The University at Buffalo School of Law (also known as State University of New York at Buffalo Law School, or SUNY Buffalo Law School) is a graduate professional school at the University at Buffalo. Founded in 1887 and affiliate with Niagara Univ ...
in 1978, and was admitted to the
New York State bar The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. The mission of the association is to cultivate the science of jurisprudence; promote reform in the law; facilitate the administration of justice; ...
in 1979. He is to date the last Republican to serve as
New York Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government o ...
.


Background

Vacco was born in
Buffalo, New York Buffalo is the second-largest city in the U.S. state of New York (behind only New York City) and the seat of Erie County. It is at the eastern end of Lake Erie, at the head of the Niagara River, and is across the Canadian border from Sou ...
, and was raised in the western region of upstate
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
.


Political career


As Erie County Assistant District Attorney

Vacco was an Assistant
District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a ...
of
Erie County, New York Erie County is a county along the shore of Lake Erie in western New York State. As of the 2020 census, the population was 954,236. The county seat is Buffalo, which makes up about 28% of the county's population. Both the county and Lake Erie w ...
from 1978 to 1988, and
United States Attorney for the Western District of New York The United States Attorney for the Western District of New York is the chief federal law enforcement officer in seventeen New York counties: Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, O ...
from 1988 until the beginning of the
Clinton administration Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following a decisive election victory over ...
in 1993.


As Attorney General of New York

Vacco was the
Attorney General of New York The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government ...
from January 1, 1995 to December 31, 1998.


1994 election

In 1994, Vacco defeated
Karen Burstein Karen S. Burstein (born July 20, 1942) is an American Democratic Party politician, attorney, civil servant, and former judge from the State of New York. She served in the New York State Senate, worked in the administration of Gov. Mario Cuomo, ...
, the Democratic nominee. One week before the election,
Staten Island Staten Island ( ) is a Boroughs of New York City, borough of New York City, coextensive with Richmond County, in the U.S. state of New York (state), New York. Located in the city's southwest portion, the borough is separated from New Jersey b ...
Borough President
Guy Molinari Gaetano Victor Molinari (November 23, 1928July 25, 2018) was an American lawyer and Republican politician from New York city. He represented Staten Island in the United States House of Representatives for four terms (1981–1989) and then ...
announced that Burstein was not qualified to serve as
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
because she was a
lesbian A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
. The combination of Molinari's remarks, a strong national Republican showing, and the win of
George Pataki George Elmer Pataki (; born June 24, 1945) is an American lawyer and politician who served as the 53rd governor of New York from 1995 to 2006. An attorney by profession, Pataki was elected mayor of his hometown of Peekskill, New York, and went on ...
in the governor's race, led to Vacco narrowly defeating Burstein. ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' called Molinari's remarks, "gutter politics."


Selected cases

Vacco brought national attention through a series of prosecutions brought against
internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise priva ...
s, including
Dreamscape Online Dreamscape Online, LLC. is an ISP operating out of upstate New York state. It was founded in the mid-1990s in the form of the Dreamscape BBS by Scott Brennan. In 1996, Northland Communications acquired Dreamscape Online to become an integrated com ...
, for distributing
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a ...
. The principal defendant, Buffnet, eventually pleaded guilty to a charge of fourth degree facilitation of a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
and was fined $5,000. Vacco played a prominent role in
New York City Mayor The mayor of New York City, officially Mayor of the City of New York, is head of the executive branch of the government of New York City and the chief executive of New York City. The mayor's office administers all city services, public property ...
Rudy Giuliani Rudolph William Louis Giuliani (, ; born May 28, 1944) is an American politician and lawyer who served as the 107th Mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 19 ...
's attempt to require
Time Warner Cable Time Warner Cable, Inc. (TWC) was an American cable television company. Before it was acquired by Charter Communications on May 18, 2016, it was ranked the second largest cable company in the United States by revenue behind only Comcast, opera ...
to carry the
Fox News Channel The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is ...
. An attempt by Vacco to bring an
anti-trust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust ...
violation charge against Time-Warner failed. As attorney general, Vacco also argued the landmark
assisted suicide Assisted suicide is suicide undertaken with the aid of another person. The term usually refers to physician-assisted suicide (PAS), which is suicide that is assisted by a physician or other healthcare provider. Once it is determined that the p ...
case ''
Vacco v. Quill ''Vacco v. Quill'', 521 U.S. 793 (1997), was a landmark decision of the Supreme Court of the United States regarding the right to die. It ruled 9-0 that a New York ban on physician-assisted suicide was constitutional, and preventing doctors from a ...
'' before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. He successfully defended the state's ban on the practice, winning the case by a 9–0 vote.


1998 Election

In 1998, Vacco was defeated in his bid for re-election by Democrat
Eliot Spitzer Eliot Laurence Spitzer (born June 10, 1959) is an American politician and attorney. A member of the Democratic Party, he was the 54th governor of New York from 2007 until his resignation in 2008. Spitzer was born in New York City, attended P ...
, by a margin of approximately 0.6% of the votes cast.Vacco, Dennis
''Our Campaigns'', 1998 & 1994, Retrieved 8 January 2014.
He was the first attorney general in New York since 1925 to not be re-elected to a second term.


Electoral history

Vacco's electoral history has been tracked, online, at ''Our Campaigns'', and it has been reflected here. , - *Vacco also ran on the
Conservative Party of New York The Conservative Party of New York State is an American political party founded in 1962 following conservative dissatisfaction with the Republican Party in New York. Running on the Conservative Party line, James L. Buckley won election to the U ...
ticket in this election. , - *Nancy Rosenstock also received 13,416 votes (0.29%) for the Socialist Workers Party in this election. *Vacco also ran on both the
Conservative Party of New York The Conservative Party of New York State is an American political party founded in 1962 following conservative dissatisfaction with the Republican Party in New York. Running on the Conservative Party line, James L. Buckley won election to the U ...
and Tax Cut Now tickets in this election.


Post-political career

Less than two months after he concluded an antitrust settlement with
Waste Management, Inc. Waste Management, Inc., doing business as WM, is a waste management, comprehensive waste, and environmental services company operating in North America. Founded in 1968, the company is headquartered in the Bank of America Tower in Houston, Tex ...
, a waste disposal conglomerate, as one of his last acts before leaving his position as attorney general, Vacco joined Waste Management as a senior lobbyist and vice president for government affairs for their operations in New York, New England, and Canada. In response to questions about the settlement and the job offer, Vacco said: "Any interpretation or suggestion that this settlement - which included the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
- was connected to my employment by Waste Management - is preposterous and false." As a lobbyist in New York State, Vacco was identified as having made inconsistencies in required filings. In April 2006, after a six-month investigation, Vacco was cleared of allegations that he violated lobbying regulations. The investigation "centered on whether Vacco’s firm had an illegal contingency-fee contract with a Rochester businessman in exchange for helping him win a casino deal with an Oklahoma tribe." In October 2005, Vacco’s lobbying firm agreed to pay the state $50,000 in connection with the questionable contract, but it was not required to admit wrongdoing." Vacco is currently a partner in the Buffalo, New York law firm of Lippes Mathias Wexler Friedman, LLP.Watchdog report: Vacco's work on LDCs costs $167k
''Democrat and Chronicle.com'', Buffalo, N.Y.: Gannett, 8 November 2013, Riley, D., Retrieved 11 November 2013
In 2017, Vacco unsuccessful defended controversial Buffalo School Board member, Carl Paladino after his employment was terminated for misuse of confidential information and making what many called racist comments about former president
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
during a magazine interview. After a hearing before the New York State education committee, it was determined that the Buffalo School Board had the right to terminate Carl Paladino’s employment, no further legal action was taken by either parties involved.


References

{{DEFAULTSORT:Vacco, Dennis 1952 births Living people United States Attorneys for the Western District of New York New York State Attorneys General New York (state) Republicans Politicians from Buffalo, New York Colgate University alumni University at Buffalo Law School alumni Lawyers from Buffalo, New York