Dominick L. DiCarlo -- The Last Really Good Politician


Dominick L. DiCarlo, 1928-1999

Introduction

My father Dominick L. DiCarlo was the last really good politician because:

Parents and Early Years


An American Family
--(clockwise from top left) Jim, Mae, Dominick, Rose, and Anna DiCarlo



Land of Opportunity
Jim, James, Rose, Anna, and Mae in the family's grocery store.

My father's grandfather Cipriano arrived in the United States by boat, I think in about 1917, with his wife Anna and 17 year old Vincenzo, who was generally called Jim.  Jim is more American, right?  The family story is that Jim went into business with a partner selling hot dogs from a hot water cart under the boardwalk at Coney Island behind Nathan's.  As the story goes, Jim was struck by a young woman who bought a hot dog, but he failed to get her name or telephone number.  She did not come back that summer, and Jim spent the next year regretting his lack of initiative.  Finally, the following summer he saw her again, approaching the cart for another hot dog.  Struck dumb with fear, Jim reached into the water for a hot dog.  His partner, to whom he had confided his infatuation, held his arm and whispered urgently in his ear, "Not that one; it's been in the water all day.  Get her a fresh one."  The spell was broken, and Jim finally discovered that the name of his enamorata was Mae, which she generally used informally instead of Michelina.  More American, right?

Jim and his partner must have done pretty well on the overflow business from their better-known neighbor, because by the time Jim was ready to ask Mae to marry him, he was able to tell her that he had enough money either to buy either an engagement ring or a delivery truck for his business.  When he asked Mae whether he should get the ring or the truck, she did not hesitate a moment: "Get the truck."  Eventually, Jim and Mae opened two grocery stores which supported, and provided employment for, their growing family.  Dominick DiCarlo was their first child, followed by Anna, Rose, Vincent, James, Constance, Michael, and John.  As a result, there were never any labor shortages in the family stores.

All Dominick's brothers, and some of his sisters or their spouses, went into the food business at one time or other.  Those businesses included, among others,  Uncle Danny's Ravioli Store, in Mastic Beach, Long Island, Wickers Restaurant, in Hicksville, Long Island, DiCarlo Foods in Holtsville, Long Island, and Foodies Gourmet.  This family connection with the food business actually goes back to Italy.  Cipriano and Anna DiCarlo had come from a small town outside Naples called Santa Maria la Fossa.  For as long as anyone remembers, the main product of the town has been buffalo milk mozzarella, which is made from the milk of water buffaloes raised on surrounding farms.  When he was still living in Italy, Jim DiCarlo apparently learned to make fresh mozzarella and, when he opened his grocery store in Brooklyn, he made it there with curd from cow's milk, and taught his children to do the same.  Most of my generation also eventually learned to make mozzarella.  We still occasionally make it fresh for family parties.  When I visited Santa Maria la Fossa several years ago, the mozzarella factories were still operating on the main street of the village.  After I told the workers at one of them how the craft had been passed on down through the generations in America, they invited me to make mozzarella with them, which I gladly did, though my skills were clearly a little rusty.

Marriage and Family

Esther Hansen
Esther Hansen

Dad was going to Saint John's Law School at night and driving a cheese delivery truck during the day when he met my mother, then Esther Hansen, the daughter of Norwegian immigrants who lived in the Park Slope neighborhood of Brooklyn.  Esther had recently returned from two years in Hollywood, where many pretty girls apparently went in the hopes of getting into the movies.  Mom considered dad a bit of a pest at first, and I think dad was, in fact, more than a little irritating, probably based on his often-stated theory that "dislike is closer to love than indifference is."  I don't think mom's father, Carl Yohan Holter Dreyer Hansen from Tromso, Norway, whose father, Soren Hansen, kept a lighthouse and who ran away to sea at 14, ever got over his suspicion that the dark Italian from Dyker Heights who picked his daughter up with a mozzarella truck simply had to be in the mafia.  Carl died about a year before mom and dad married in 1953, the year dad graduated from law school.  Mom and dad had four children--Vincent, born in 1954, who is writing this, Carl, born in 1955, Robert, born in 1957, and Barbara, born.....well, let's just say much later.

Starting Out in Law

When dad graduated from Saint John's night law school, he was ranked first in his class, but was unable to find work as a lawyer, so he and two of his friends from Saint John's got jobs as insurance adjusters.  Dad got an LLM. from NYU in 1957 and, in 1959, and appointment as an Assistant United States Attorney for the Eastern District of New York where, as Chief of the Organized Crime and Racketeering Section, he got what he believed to be the first conviction ever for counterfeiting in a case where none of the counterfeit money was ever offered in evidence, and gained a reputation for formidable trial skills.  Dad's special appointment ran out in 1962.  By then he was involved with what later became the Seergy club, and got a job as counsel to Angelo Arculeo, another member of the club, who had been elected to the city council.  Dad was elected to the state assembly in 1965, filling the seat that had been held by Luigi Marano, who was also a member of the club.

The Edmund G. Seergy Republican Club

My father could not have been the kind of politician he was without the Edmund G. Seergy Republican Club, or without Ed Seergy, after whom the club was named, Virginia Mallon, its co-founder, and many other men and women who created and sustained it.  Some of these were elected to office or party positions.  Others were unsung heroes, like Lawrence Mattiello, my father's campaign manager, John Walsh, his trusted friend and adviser, Nicholas Silletti, his occasional strategist and copywriter, and Tony Palazzolo, tireless block captain extraordinaire.  I used to say you could guarantee control of  the Republican party in Brooklyn if you could only get 25 Tony Palazzolos.  The clubhouse, which was financed largely on its annual dinner-dances, including advertisements for a book that was distributed to those who attended, and an annual card party, provided a place to work, a force of block captains who canvassed door to door, and the all-important phone banks for the get-out-the-vote campaign.

The Seergy Club became a powerhouse in Brooklyn, and came to be known as the mighty 49th.  It covered the 12th assembly district and, after reapportionments in 1965 and 1966, the 49th assembly district, which included most of what had been in the 12th.  The club was founded in 1955 and, with the election of William Conklin to the state senate in 1957, it started electing Republicans from an area in which registered Democrats outnumbered Republicans by two or three to one, during a time when voting a party ticket was common and made easy by voting machines that allowed you to cast such a straight party vote by pulling a single lever.  At one point, the state assemblyman, state senator, and city councilman from this heavily Democratic district were all Republicans.  The reason its city councilman had the august title of minority leader was that he was the *only* Republican city councilman in the whole city of New York who was elected from a district, as opposed to the at large members, of whom there were then two from each borough, a Democrat and a Republican.

My father knew that you can't take big money from someone and remain your own man. The problem was how to win elections without much money, the answers were organization, issues, and ingenuity.  The expenses of my father's individual campaigns were, from today's perspective, when it is not unusual to see several million dollars spent to win a seat in the state legislature, almost unbelievably low. I recall that the campaign budget for DiCarlo for Assembly in 1965, my father's first race, was about $5,000. Some of that money was spent on about 50,000 palm cards, which was our basic campaign literature.

One of the largest expenditures of the campaign was for pizza and soda to feed the friends and family who turned out on Saturdays to distribute the palm cards from house to house. My father also bought two large speakers for a sound truck that cruised the district with a tape recording of him asking people to vote for him and the rest of the Republican ticket and, when money was available, fliers with pictures of our family, and ads in the Home Reporter and the Spectator, two neighborhood newspapers. The money for the campaign was raised by another dinner-dance, for which there seemed to be a greater appetite back in those days before the internet replaced physical social interaction.

What the campaign lacked in money, it made up in personal involvement. During the campaign season, the block captains, armed with voter registration lists, went door to door to talk to their neighbors, ask for their votes, distribute literature, and record their opinions concerning whether the voters in the house were for us or against us. On Saturdays, squads of kids went door to door delivering palm cards. Every workday, my father was up at 4 a.m. and went to a subway stop, where two associates would hand commuters a palm card and funnel them toward the candidate for a handshake.

Because there was no money for paid political consultants, my father and his associates had to exercise their own ingenuity and knowledge of their district to develop their issues and methods. I remember my father and his associates sitting at the dining room table agonizing over the wording and design of our palm card, which was a great improvement over what other local candidates were using at the time, and was later adopted by others.

The loudspeakers that were being used then on the sound trucks of the other candidates were about a foot long and made a distorted and indecipherable noise. My father wanted none of that. He found some honking big horns of the kind you've seen in movies of fights at big arenas that could be heard loud and clear for blocks. Rather than let the drivers improvise, he used a looping tape of his own resonant baritone voice with short, repetitive, punchy messages that could be heard from start to finish as the cars carrying the loudspeakers drove slowly down each block. Fifty years later, old timers from the neighborhood will still smile when I imitate my father saying "This is YOUR assemblyman Dominick DiCarlo...."

The Abortion Controversy

During the 60s, my father led the opposition in New York to efforts to legalize abortion, a fight which began long before Roe v Wade was decided in 1973. I disliked talking about abortion, and I'm sure my father did too but, believing as he did that aborted children were human beings with the same right to life that he had, it was a battle he could not decline. For a while it seemed as if the only time we ever got to see dad on television was when he would debate Al Blumenthal on abortion. Dad's efforts, and those of the colleagues he rallied to the fight, managed to stave off the legalization of abortion in New York until 1970, three years before the Supreme Court discovered a constitutional right to abortion. According to New York Magazine, during those three years, 350,000 abortions were performed in New York state on nonresidents who traveled into the state to obtain them and, according to statistics compiled by William Robert Johnston, 304,000 were performed on residents, for a total rate of 218,000 per year. Assuming that about 10% of those would have occurred even if abortion had not been legalized, and that my father's perennial fight postponed legalization by even one year, it seems reasonable to estimate that there are about 200,000 Americans in their 40s today whose lives were saved by my father and those who stood with him. That's more than Schindler, more than Wallenberg, more than Schweitzer, and more than a lot of other heroes whose memories are justly celebrated.

Girls Matter More than Feminist Ideology

During the 70s my father often (ok, almost always) found himself opposing groups like the National Organization for Women.  The thing is, he generally opposed them because he thought their proposals hurt women.  Every year, these self-appointed spokesmen for women rated state legislators based on how they voted on the legislation they were promoting.  We got pretty used to seeing dad identified as their least favorite assemblyman in New York.  One year, another assemblyman tied dad for last place.  I didn't realize dad was a little annoyed to have company at the bottom until the following year, when he was clearly pleased to regain solitary possession of the lowest place.  He had voted against a bill to lower the minimum age for girls to deliver newspapers from 16 to 14.  He didn't want any 14 year old girls out before daylight delivering newspapers, and it didn't matter that the minimum age for boys was already 14.

The Most Unsuccessful Political Campaign

Even though he advised others that "only suckers bet on longshots," my father never himself seemed to shirk a noble but lost cause.  When, in 1969, conservative State Senator John Marchi unexpectedly defeated liberal incumbent mayor of New York John Lindsey in a Republican primary, everyone knew that Marchi had no chance of winning the general election.  After all, registered Democrats outnumbered Republicans in New York City by three to one.  As a result, the campaign had no money and no paid staff to speak of.  But Marchi was the Republican nominee, a conservative, and a good man, so of course my father agreed to serve as his campaign manager and help lead the charge of this doomed light brigade.

On weekends, when I was able to visit campaign headquarters, the atmosphere seemed anything but glum.  Kieran O'Doherty, the founding president of the New York State Conservative Party, was especially full of enthusiasm, and I remember him triumphantly bringing and singing to us our campaign song, to the tune of Margie, to which he had somehow obtained the rights.  The tune was so catchy I still remember the words, more or less:

Marchi--the people will remember Marchi,
The fourth day of November.
He's the man who's taking a stand.
To put it broader, he will fight for law and order.
Marchi--he speaks for all the people,
Not for just the few.
He's creating all the talk, the next mayor of New York.
Oh Marchi, Marchi, it's you, you, you!
Marchi, Marchi it's you!

The headquarters seemed full of Catholics, from the candidate on down.  I remember once joining what seemed like the whole campaign in trooping down to Mass at Saint Patrick's Cathedral more or less in a body.

In spite of the catchy song, on the fourth day of November only about 23% of the people did in fact remember Marchi, though that was not bad considering the circumstances.  Moreover, it showed New York conservatives that they could defeat a liberal Republican incumbent in a primary and, in a statewide multi-candidate race, might even win the general election.  That is just what happened the following year, when James Buckley beat recently appointed liberal incumbent Republican Charles Goodell in the Republican primary and went on to win election to the U.S. Senate with about 39% percent of the vote in a six-way race, and then happened again in 1980, when Alphonse D'Amato defeated liberal Republican incumbent U.S. Senator Jacob Javits and went on to win the following three-way general election.

The Terror of the Floor Debates

My father's floor debates in the New York State Assembly became legendary.  As one former Democratic assemblyman has written, and many others have observed, or learned to their chagrin, my father "was possessed of the sharpest mind and debating skills in the House.  I knew enough to be frightened by DiCarlo...."  Peter Stavisky wrote in the New York Times in 1973 that he was "a man with a reputation as a brilliant debater or verbal thug, depending on the point of view" and went on to give an example:

“Will the gentleman yield for a question?” [DiCarlo] asked in tones that suggested an invitation to he the featured player at a funeral. Mr. Stavisky agreed he would.

“Mr. Stavisky.” Mr. DiCarlo asked lugubriously, “is a lobster an animal?”

Mr. Stavisky ducked. “It's a crustacean,” he replied.

Mr. DiCarlo with weary patience, continued, as to child: “But is it an animal?” Mr. Stavisky agreed that a lobster was an animal.....

“Mr. Stavisky, if Julia Child wanted to make movie about cooking that involved boiling a live lobster, would she have to go to New Jersey to do it under your bill?”

New York legislators are sensitive about anything, from bond brokers to the New York Giants, leaving for New Jersey, but Mr. Stavisky had to concede that Mrs. Child would have to take her doomed lobster there, too. As he continued, Mr. Di Carlo sounded as though the world's problems rested on his shoulders:

“Mr. Stavisky, if someone wanted to make a movie called ‘Coney Island,’ and the movie involved opening a clam, would that he illegal under your bill, too?”

"Mr. Stavisky had had enough. He withdrew his bill to amend it."

I think one reason dad was so good at debate was that he was constantly practicing on us at home.  He would start an argument just for the fun of it and then, when he had soundly defeated us, switch sides and win for that side, too.  Other men have coming of age memories of the first time they defeated their fathers at arm-wrestling, handball, a footrace, or the like.  I remember winning my first debate.  Those legislators who faced dad in the assembly had it easy.  At least they only had to get into the ring with him once in a blue moon.

The Codes Committee

When it came to the law, my father was no respecter of persons--a good idea was a good idea, and a bad idea was a bad idea, whether it came from a Republican or a Democrat, and he was happy to work with his colleagues across the aisle, regardless of which party was in control.  As a result, some of his former Democratic colleagues still tell stories about his fair treatment of their legislative proposals when, from 1971 to 1974, they were in the minority and he was the chairman of the Codes Committee, which was responsible for criminal legislation.

My father often spoke admiringly of Peter Preiser, a distinguished lawyer with whom he was honored to work while on the Codes Committee and who I believe was responsible for many improvements in New York's criminal statutes, but seems to be so modest that I am so far unable to give him proper credit.

The Governor and the Pipsqueak

In 1972, Nelson Rockefeller, the governor of the state of New York, one of the richest men in it, and certainly the most powerful, wanted to be president.  I mean, he *really* wanted to be president.  He had wanted it for over a decade, and had made unsuccessful bids for the Republican nomination in 1960, 1964, and 1968.  But he had a problem.  He was notorious nationally as a liberal Republican, in a party that was, nationally, conservative.  In fact, he was so well known as a liberal Republican he had given his name to the liberal wing of the party, whose members were commonly called "Rockefeller Republicans."  Rockefeller apparently decided that the way to look enough less liberal finally to win the Republican nomination for president was to get famously tough on crime.  So, he proposed the most insane, draconian, disproportionate, and counterproductive criminal drug laws in the nation's history.  None of his fellow Republicans in the legislature, who held the majority in both houses that year, would dare to oppose him, right?  Wrong.  My father, who had built his career on being tough on crime, and who was the chairman of the Codes Committee, which had jurisdiction over the governor's proposal, was not about to stand aside while the criminal justice system in New York was ravaged to serve the governor's ambitions to become president.

Imagine Nelson Rockefeller as Henry VIII being opposed, not by his lord high chancellor Thomas More, but by some shabby unknown country magistrate.  Henry...I mean Nelson, was not pleased.  Dad was not content to cast his vote against Rockefeller's monstrosity and call it a day.  He proposed a sensible alternative bill and found enough Republicans brave enough to risk the governor's wrath to keep the governor's bill bottled up in his committee.  Rockefeller cajoled and threatened to no avail.  He was forced to amend his bill until enough of the worst of its provisions were omitted that dad's Republican allies could no longer continue to stand with him in opposition to the governor.  In the end, my father was the only Republican assemblyman who voted against the bill.  After the vote, he was given a standing ovation by both the Democrats, who had all voted against the bill, and the Republicans, all the rest of whom had voted for it.

Dad's favorite part of the whole fight was when, at one point during the struggle, he read in a newspaper that Rockefeller was complaining that his drug bill was being held up by the entrenched political establishment.  Dad was so tickled he wrote a letter to the governor saying how proud he was to be living in a country where a Rockefeller could call a DiCarlo the entrenched establishment.  He kept a copy of that letter, and the clipping that had provoked him to write it, until his death.

Rockefeller's drug law, even after it was amended, was in fact a disaster, and was not finally repealed until 35 years later.

Leadership and Frustrated Ambition

Like every politician, Dominick DiCarlo was always ready to run for president. But first he had to become governor. And before that he had to become the minority leader of the New York State Assembly. It was in that last race that he suffered his greatest career disappointment. After having been considered the favorite simply because everyone knew he was head and shoulders above anyone else in the legislature, he lost that race to a man who did later run for governor.

After his loss, dad was exiled by the new leadership.  He was replaced as chairman of the Codes Committee, he had no prospects for legislative action, and his plans lay in ruin, with no apparent path forward.  He had been politically crushed.  I had never seen him so down in the dumps.

The Wheel of Fortune

As happens to so many, my father's loss of what he wanted most led to another door opening. Lacking much to do as a defeated candidate for leadership in the assembly, in 1979 or early 1980 dad agreed to act as Ronald Reagan's New York State co-chairman, when even Reagan's nomination was considered unlikely.  I reminded my father of the Goldwater debacle in 1964, and the Marchi campaign of 1969.  I told him that, while there was no harm in his joining Reagan's campaign to have some fun, Reagan was too much of a right-winger to have any chance at all in the general election, even if he did manage to win the nomination.  When I was proved spectacularly wrong by the Reagan landslide, another man, Alphonse D'Amato, whose campaign manager, John Zagame, had sat in the New York State Assembly at the desk next to my father's, was swept into the United States Senate along with Reagan. As a result, dad had the opportunity to be appointed assistant Secretary of State for International Narcotics Matters, and then to the U.S. Court of International trade. So turns the wheel of fortune.

DiCarlo's War

In 1981, my father was appointed Assistant Secretary of State for International Narcotics Matters by Ronald Reagan.  His mission was to eradicate the worldwide production of opium that was ending up being supplied to heroin addicts in the United States and he pursued this seemingly impossible goal with a determination that some, including Washington Post columnist Jack Anderson, considered excessive.  Undeterred, dad pressed on and, in May 1982, apparently managed to convince Thailand to undertake a military action that drove notorious opium warlord Khun Sa out of the country, at least for a while.  Dad left the state department in 1984 after being appointed to the United States Court of International Trade.  If Khun Sa was not finally put out of the opium business until at least 1996, and the international trade in narcotics is still with us, it wasn't because Dominick DiCarlo didn't give it his best try.

A Judge's Judge

Dominick DiCarlo was nominated by President Reagan to the United States Court of International Trade in 1984.  Before his confirmation hearing in the senate, we talked about how he might answer a question about why he wanted the job.  I suggested that the best answer might be because it would make him happy in the Aristotelian sense of making the best use of his greatest abilities.  As usual, dad wisely refrained from quoting Aristotle to the committee, and was confirmed without incident.

Once on the bench, dad proved to be an outstanding judge.  He really loved the law, believed in it, and applied everything he had to serving it faithfully.  He had a horror of deciding cases based on his own biases or personal opinions, and was happiest when he believed he had found a sound legal basis for a ruling, even when the law was not as he would have wished.  He knew he was not infallible.  Therefore, he tried to decide issues as narrowly and carefully as possible, based on the clearest applicable legal principles, and he loved jury trials in part because he preferred deciding the law to finding the facts.  He relished a good legal argument or discussion, and sometimes called to talk about evidence or procedure.

As I recall, a year or two after dad's appointment to the Court of International Trade, he was asked whether he would be willing to be nominated to the Court of Appeals for the Second Circuit, and we discussed the question over lunch.  I pointed out that, once on the Second Circuit, he would be an obvious candidate for the Supreme Court and that the country needed someone like him at our highest.  This was before the appointments of Scalia, Kennedy, or Thomas, so I also pointed out that the traditional "Catholic seat" on the bench was or might soon become available.

Dad was not moved.  After all he had done, he was no longer interested in prestige or power.  He loved his job, he said.  Due to a shortage of district court judges in the Eastern District, whose courthouse in near City Hall was next to his, he frequently presided over motions and trials there, as well as in his own court.  He liked the variety and knew that the job on the Second Circuit would be a never-ending grind of nothing but reading memoranda and writing opinions.  Finally, he said that, no matter who you or where you were, the Supreme Court could never be anything but a longshot, and "only suckers bet on longshots."  He declined the nomination.

After six years at the Court of International Trade, in 1991 dad became the chief judge of the court.  With his characteristically disinterested sense of duty, one of the first things he did was set a term limit for himself as well as future chief judges to ensure some fresh blood in the position at least every five years.  In 1996 he took what the federal judges fondly call "senior status," which is a kind of flexible semi-retirement that allows them to work as much or as little as they like.  Dad liked to work, and handled many interesting cases, including one in which he permitted the release of financial records belonging to Ferdinand Marcos, former ruler of the Philippines.  As usual, he based that decision, not on broad subjective policy considerations that didn't need to be reached, but on solid technical legal grounds.

Dad liked his colleagues in the courthouse, and they seemed to like him.  So, seemingly, did the trade bar.  As of 2016, the John J. Marshall School of International Law was still holding a memorial lecture in his honor. 

Death and Legacy

My father died suddenly but not unexpectedly when one of his coronary artery bypass grafts failed just as he was about to charge the jury in a celebrated case alleging that the CIA had caused a man to kill himself by spiking his drink with LSD.  Friends who spoke with dad in the weeks before his death said he seemed not to be expecting to live long and to be at peace with himself and with God.  Several hundred people attended his three-day wake, including many of his former political opponents.  Many of those who came seemed eager to tell me about times my father had helped them in some way, or inspired them simply by being what he was:

--a politician who took no money from special interests, could not be bullied or bought, chose defeat rather than dishonorable victory, steadfastly upheld what he believed to be right, and told the truth in politics,

--a civil servant who lived on his salary and did his best to accomplish an impossible mission, and

--a judge who ably and honestly applied the law.

Dad, admirable though he was in many ways, was not perfect, and he was not always right.  When I think of his faults, known and unknown, I like to remember the words of the late great Congressman Henry Hyde, speaking of all who, like dad, defended children from abortion,

"When the time comes, as it surely will, when we face that awesome moment, the final judgment, I've often thought, as Fulton Sheen wrote, that it is a terrible moment of loneliness. You have no advocates, you are there alone standing before God -- and a terror will rip your soul like nothing you can imagine. But I really think that those in the pro-life movement will not be alone. I think there'll be a chorus of voices that have never been heard in this world but are heard beautifully and clearly in the next world -- and they will plead for everyone who has been in this movement. They will say to God, 'Spare him, because he loved us!'"

May you rest in peace, my dear father, and may we meet again where "[a]ll shall be well, and all manner of thing shall be well."  In nomine domini nostri Jesu Christi.

Corrections and Additions

Corrections and contributions of additional material for this page are welcome, and may be sent to the author at vdicarlo at the domain that hosts it (ending in .com).

Bibliography

Wikipedia Article "Dominick L. DiCarlo"

Nomination to be Assistant Secretary of State

Obituary in New York Times

Biography Directory of Federal Judges

The Black Silent Majority and the Politics of Punishment, by Michael Javen Fortner

The Power of Culture: Critical Essays in American History by Richard Wightman Fox, University of Chicago Press, 1993

Mandatory Sentence Proposed For 2d‐Felony Drug Offenses, William Farrell, NY Times, April 5, 1973, p.49

Legislators Get Women's Ratings, Linda Greenhouse, September 5, 1974

Dominick L. DiCarlo Recreation Area