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Brian Lehrer: It's the Brian Lehrer Show on WNYC. Good morning again, everyone. With me now is one of the few Republican elected officials in New York City, New York State Assemblymember, Nicole Malliotakis of Staten Island, and nearby South Brooklyn, who is now running for the House of Representatives in an overlapping district against the currently sitting Democratic Congressman Max Rose. She's been a member of the state assembly since 2010. Some of you will remember she was the Republican mayoral nominee in 2017 and lost big to Mayor de Blasio, but she carried the areas in this congressional district easily.

This district's lines have changed a few times, but basically, the same district more or less has gone back and forth between the party's in the last decade. Democrat Michael McMahon, Republicans Michael Grimm, and Dan Donovan, now Democrat Max Rose. In presidential politics, Trump won the district with 53% of the vote in 2016 but then in 2018, in the congressional race, the Democrat Rose defeated the incumbent Republican.

Now, Rose is seeking to defend and my guest Assemblywoman Malliotakis is seeking to unseat him. We will have Max Rose by the way on tomorrow's show as the incumbent candidate. Demographically, the district as I said, voted 53% for Trump in 2016 that makes it unique in the city. The next highest congressional district voted only 36% for Trump. As of the 2010 census, the stats that I've read the district was 73% white, 16% Latinx, 13% Asian-American, 8% Black. As I say, we're hosting both candidates. Max Rose tomorrow, Nicole Malliotakis today. We'll talk about campaign issues and also some local issues pertinent because she is in the state assembly. Assemblywoman, thanks for doing this and welcome back to WNYC.

Nicole Malliotakis: Great to be with you, Brian. Thanks for having me today.

Brian: Just on the breaking news and as a representative of your district in Albany, what do you think of that school's delayed opening and testing agreement that was just announced?

Nicole: Look, I think this is something that we have been pushing for a long time to get the mayor to actually come forward with a plan. I think that my conversations with local principals is they feel that the school should have the autonomy to be able to put forward a plan for their particular school because every school has different population, they have various needs and I think the principal knows the students and the teachers that work their best.

I do believe that shouldn't necessarily be a cookie-cutter approach. The reason we're delaying schools opening is because the mayor never had a plan to begin with. Despite the governor pushing this administration to come forward, this assembly Education Committee has requested repeatedly to meet with the Chancellor, to meet with the State Education Department to hammer out a plan, and they refused to do so.

It's no surprise that now, they're pushing schools further. I think what has been most troubling for the parents that I represent, is there's no consistency. The schedule that has been provided to parents where it would be three days, one week, one day, the next week, another two days the following week. All different days by the way. Not even a consistent schedule on a weekly basis or on a monthly basis. Was extremely problematic particularly for those families who need to work full time and then provide childcare.

It is a very complicated situation. Look, it's good that at least a deal has been worked out, but hopefully, we're not going to continue to push the goalpost as we've been seeing happening throughout the course of the last few months.

Brian: What's your position on restaurants reopening for indoor dining? I see that congressman Rose has now come out in favor of restaurants reopening, being allowed to reopen for indoor dining.

Nicole: I have been one of the leaders and pushing for our restaurant industry to reopen. We meet the metrics like every other municipality in the state. These guidelines that were set by the governor, metrics that were supposed to lead to phases of reopening. However, we've been left behind despite meeting those metrics. It is very problematic. We have 200,000 people who work in the restaurant industry who are unemployed right now and for what reason? We can reopen safely. The governor has set guidelines. If you go to Long Island, you can certainly eat in the restaurant of your choice. You go upstate or Western New York, you can do so but you can't do so here in New York City.

Our restaurant industry is dying and this is beginning-- As I talk to restaurant owners, it is particularly dire in these days. They can't hold on any longer. I have initiated or about to initiate a class-action lawsuit with over 125 restaurants from around the city. My colleague Councilman Steve Matteo and local attorneys [unintelligible 00:05:22] as well as Mark Fante are leading that. I'm proud to have joined them. Actually take real action because people can say they want the restaurants to be open, but this point, we have no other recourse than to initiate a lawsuit because New York City is being discriminated against. These restaurants are going to be dying and closing for good unless they start to reopen safely now.

Brian: You and Congressman Rose are on the same page on that. Mayor de Blasio is on a different page. One more just in this thread. The couple suing the state so they can have 150 people at their wedding. Do you support that lawsuit?

Nicole: [chuckles] Look, I think that people's freedoms are being taken away. I think if it's an outdoor wedding and they're going to abide by social distancing and set the table six feet apart, and of course, I'm assuming they're going to be putting families at these tables. Look, I think that if you're going to be taking the temperature, we should be able to proceed with larger events at this point.

I encourage individuals who are trying to take back their freedoms and rights from an overzealous administration. I believe that the governor has outdone his welcome in terms of extending these executive orders. I've been pushing actually the state legislature to now sunset those powers and allow us to have a role as we were duly elected in the future of our state. We have a lot of work to do to rebuild our economy, to restore public safety, to get American jobs back on track. Giving the governor sole authority without any input from the legislature, I think is misguided. That's my view and I think that a lot of people out there agree with it.

Brian: You're running for Congress. Now, New York City Republicans aren't always Trump Republicans, are you?

Nicole: I support the president. I think that the president is doing a good job and he has done a good job in terms of our economy. I was proud to work with him and garnering support from New York entities and my colleagues in the state legislature for the US-Mexico-Canada Agreement, which will bring in billions and create thousands of jobs. I like what he's doing for our veterans. I like what he is doing to secure our borders. I like that he's putting America first and pushing back against those who are trying to move as more towards socialism.

I also appreciate that the New York City PBA has endorsed both the president and I in this race. We are working very hard to restore law and order to the streets of New York City. This is a real major issue right now. There can't be more of a contrast between Max Rose and me when it comes to these policies, whether it be eliminating bail or closing Rikers Island, or releasing convicts from federal prisons, or giving amnesty to gang members. There is a major contrast which is why the Police Benevolent Association is supporting me. I think President Trump is a law and order president. He's trying to work hard to support our men and women in law enforcement and we need more elected officials to join him in that.

Brian: You're touting your PBA endorsement. You know the PBA is increasingly controversial these days for the language and the tone of its leader Pat Lynch. Let me play one short clip of something he said at the Republican Convention on Thursday night.

Pat Lynch: The violence and chaos we're seeing now isn't a side effect. It isn't an unintended consequence. It's actually the goal.

Brian: Do you support that interpretation of the protests for racial justice that the violence isn't an unintended consequence? It's actually the goal?

Nicole: I don't believe he's speaking about the protest for racial justice. I think he's speaking about the anarchy and the riots and the lootings that we're seeing on our streets. I think they are very separate issues. I do agree with him that there is a movement to move us more towards socialism, creating anarchy, creating lawlessness, and division is a part of that. It's a means to the end.

I think he was right on the mark with his speech. Of course, let's differentiate between peaceful protest, which all of us support, and then rioting, looting lawlessness and some of the offensive videos we have seen across the country, whether it be elderly people being attacked, whether it be stores being broken into, looting taking place, police vehicles being put on fire including right here in the city of New York. That to me is something that should not be tolerated. What really is offensive, what really is controversial, are the remarks that we're seeing from some of our local elected officials who are really being so disrespectful to the men and women who put their life on the line to protect our city.

Brian: When he says the violence and chaos we're seeing now isn't a side effect. He couldn't be saying the violence isn't a side effect of itself. He says it's actually the goal. The goal of what?

Nicole: As I said, there is an underlying move in this country to move us more towards socialism. Anarchy and lawlessness is a part of that. It is a means to the end. There's no mistake that we saw a hammer and sickle spray-painted onto the walls of the Supreme Court building in lower Manhattan right across from city hall. We need to be able to differentiate between peaceful protest and anarchy and lawlessness that is trying to destroy this country from within. There is a difference and I think it's very clear that there is a difference.

I think that people when they see the footage from around the nation of people attacking police officers and throwing bottles at them and burning police vehicles and attacking individuals who are senior citizens. Just innocent people who are walking on the street or walking out of, let's say the president's acceptance speech the other day. There is a difference there. Let's be clear about that.

Brian: Let me play you something that Vice President Pence said at the convention last week.

Mike Pence: Joe Biden says that America is systemically racist. That law enforcement in America has "An implicit bias against minorities."

Brian: Pence suggests that there is not systemic racism in this country or implicit bias in police departments. How much do you agree as a candidate for Congress that systemic racism is not much of a problem in the United States or implicit bias in law enforcement?

Nicole: We should all be working to combat racism. I believe strongly that there is a movement to do that. I appreciate it. I'm certainly part of that movement to eradicate racism in our nation. What I also know though, is that these attempts to defund our police. That is not something that's supported by the African-American community. A matter of fact, about a month ago I marched with members of the African-American community and police officers together in what was a very peaceful way of expressing that we support out NYPD. We need them more than ever right now.

Brian: Let me keep you on point there. There are obviously definitely different views within the African-American community about whether and how much to defund police, but on the Pence clip, apparently, the Trump-Pence ticket is running on the idea that there is not systemic racism in this country or implicit bias in police departments. Is that your view?

Nicole: I can only speak for the NYPD. I know that the work that they do is great work. They are the best-trained police department in the nation. I do believe that other police departments can learn from them. They've done the best work in terms of building relationships with their various programs. The NYPD Cops and Kids Boxing Program, for instance, is one that builds relationship between the NYPD and underprivileged youth in our community regardless of what their race is.

Brian: Forgive me.

Nicole: They have [crosstalk]

Brian: Is that a yes or a no? Good program, but is that a yes or a no on implicit bias in the NYPD?

Nicole: I don't believe that there's bias in the NYPD.

Brian: You don't. To be clear--

Nicole: Yes, I don't know how many times I have to answer the same question. I have been telling you from the very beginning since the first question that you've asked me that I believe that the NYPD has been doing a great job and the African-American community that I marched with over the Brooklyn Bridge a couple of weeks ago, believes that they're doing a great job as well and they want more police, not less. What we're seeing happening across the street in New York City is a travesty. It's a travesty that our mayor is actually defunding the police. That we have people like Max Rose, who are marching alongside those holding signs that they defund the police and other offensive slogans.

That, meanwhile, we have people who are dying in the city every single day due to gun violence, and due to other crimes that are taking place. They are begging for more police on their streets. They want the police presence. I don't think that they agree with what you're saying. Do there need to be some reforms? Absolutely and I think NYPD leads the way in making those changes.

They've made significant strides and changes since the Eric Garner incident and they have really developed good community relationships and they've worked very hard. We passed a series of legislation in Albany, that would also have some oversight. I think that's very important but I don't think that we should be looking to point fingers at the men and women who do their job and they do it well every single day.

Brian: What would you support in terms of additional legislation if you were elected to Congress to reduce racial inequality and systemic racism in this country, which I think you've said you believe does exist outside the NYPD? 56 years after the Civil Rights Act was passed, we see the low paid essential workers and who they are disproportionately, for example, white to Black savings accounts and personal wealth are like 10 to 1 in a stat I saw this summer. All this inequality. Is there any specific legislation to address it that you would support?

Nicole: We've passed a number of series of bills in Albany that I supported that do address these issues. Sure. Some of those policies should be taken nationally. I think that we need to work as a society and make sure that everyone has the same opportunity. When we talk about, for example, education. Making sure that all our children have access to education and all have education choices. Their families have choices and making sure they have the best opportunities available to them.

I'm a daughter of immigrants myself. It was not easy for me growing up. My parents didn't speak the language and I had to do the best I could in school myself. I know what it's like to be at a disadvantage in terms of not having parents that speak the language, that can help you with your homework, but I succeeded because I worked hard. I was very focused. I was fortunate I come from parents who did provide for me as best as they could and worked multiple jobs to do that. I still had challenges because I came from a immigrant background.

I think that we need to help everyone have those same opportunities and that's why I am running for Congress because I want to preserve the American dream for future generations. That's what really this race is about in the end of the day. It is about, "Are we going to preserve this nation and the American dream, its unlimited potential and opportunity," or are we going to move down a path of socialism? I know that we don't want-- The silent majority and the majority in general of this nation do not want to have socialism.

Look, that's the reason why my parents came here by the way. To escape that. My parents came here to flee that as millions of immigrants did. I believe that we're the greatest nation in the world. We need to preserve that. It's about giving people opportunity, about giving people chances and I have been one of the biggest advocates of that during my time as a state legislator and beyond.

Brian: We should say by way of context since you brought it up a couple of times. I believe one of your parents is Greek, one of your parents is Cuban by birth.

Nicole: Yes, my father is from Greece and my mother is a Cuban refugee.

Brian: We're almost out of time. Let me do a checklist of a few other issues that you would need to take a position on. If you were in Congress today, would you support federal aid to state and local governments as part of the next virus relief package? Considering the needs in your district and everywhere else for reopening schools safely, for funding mass transit with revenue so depleted because of the virus, and supporting more money for hunger relief, state and local government funding in the virus relief bill. Would you be for that or against that?

Nicole: I'm for bringing more money to my city. I've actually written to those of my own party asking for support through our transportation system following the COVID crisis. We have to make sure that this mayor is going to use it wisely because he seems to have just waste money left and right. There needs to be some conditions and restrictions when giving New York City funds.

Brian: Would you support the $25 billion the Democrats won for the postal service to ensure that all ballots that are mailed can be delivered on time to be counted. They say that that money is needed for that.

Nicole: I'm not sure that $25 billion is the amount but I do support ensuring that our Postal Service has adequate funds for mail and to provide absentee ballot to those who need them.

Brian: Would you advocate for more federal action of any kind regarding the virus?

Nicole: I think that the one thing that's glaring here is how do we learn from the flaws of our health care system? I think that that is a real larger discussion that needs to take place in Washington to ensure that we have the resources to care for the population, particularly here in New York City. Our hospitals were overcrowded. Staten Island does not have a public hospital. We need to ensure that funding gets to our private hospital.

Also, I thought one of the things that was glaring here was how he handled the nursing homes. The fact that we had the US Navy comfort ship here in the Javits Center and South Beach Sykes facility set up to take COVID positive patients and that the governor still put COVID positive patients after those facilities were set up into nursing homes with the most vulnerable was a horrific mistake. Which is why I've been leading and I have led and now they're doing it. An investigation from the Department of Justice into that decision.

I think there are some certain there needs to be a review done of our entire health care system. I'm looking forward to being a part of that to make sure that we give consumers more choice. We have more care that these facilities where we have large populations like right here in New York City can accommodate during an emergency. Those are all things that need to be reviewed and addressed.

Brian: Last thing since your opponent, the incumbent congressman from the district, Democrat Max Rose is going to be on. What would you say and we have only one minute left. Make this your last answer and any closing thing you want to say. What would you say is your single biggest issue difference with Max Rose and a question that you would like to hear him ask tomorrow?

Nicole: [laughs] First of all, what I would say is that the biggest difference is how we approach public safety. Max Rose supports de Blasio's plan to close Rikers, build jails in communities, I don't. I believe that we should be retrofitting those buildings making them safer and more habitable for individuals that are working there and also being kept there. Max Rose supported eliminating cash bail, I didn't. In fact, I fought and led the fight over the last seven months to fix what was the broken botched law and restore crimes, the list in which a judge can use discretion, and to stop repeat offenders from being released.

Max Rose voted to release federal convicts, support amnesty for gang members. I would vote against those pieces of legislation. Lastly, Max Rose marched with those who were chanting and holding signs demanding to defund the police which Bill de Blasio ended up doing. I oppose that. We have six demonstrations in support of our police, he has not attended one of them. The question really should be, why and how can you find the time to march with those who are defunding the police, but couldn't find the time to show up and support our men and women in blue at the sixth rally that-- at least one of the six rallies that took place in his district.

Brian: Republican Assemblywoman, Nicole Malliotakis from Staten Island and part of South Brooklyn. Now, running for Congress from that district. We will have the incumbent Democrat Max Rose on tomorrow's show. Assemblywoman, we always appreciate your time. Thank you so much.

Nicole: Thank you, Brian. Those who can look me up on my website nicoleforny.com.

Brian: Brian Lehrer on WNYC.

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