ALBANY - As the debate about exactly who has control of the state Senate continues Friday, attorneys representing Democratic senators Malcolm Smith and Pedro Espada presented their arguments to Justice Thomas McNamara.
The representatives of Smith and Espada argue the political coup filed by Republicans and the two dissident Senate Democrats was not against the law. A motion by Espada?s lawyers to dismiss the injunction filed by Senate Democrats caused Justice McNamara to adjourn the hearing to allow time for Democratic lawyers to prepare an argument over the weekend.
Members of the new political faction continue to argue that the overtaking of the Senate chambers on Monday was in fact legal, and did not need to be challenged through a court.
Judge McNamara expressed to both sides that while he is not ignoring his judicial duty to preside over the case, he urged both parties to take the weekend to resolve the matter within the Senate chambers, to avoid court interference.
Lawyers representing Senate Democrats gave the judge a book detailing Senate rules, that he will review over the weekend.