THE "PORK" IN NEW YORK, Thoughts of an older American on Constitutional Government in the USA Options

[Livyjr]

"GOP consultant tied to threatening call ousted - Roger Stone denies he left obscenity-laced message for Spitzer's father"

By JAMES M. ODATO and DAN HIGGINS, Staff writers, Albany, New York Times Union

First published: Thursday, August 23, 2007

ALBANY -- Senate Republicans ousted controversial political consultant Roger Stone on Wednesday, following allegations he left an obscene, threatening phone message for the elderly father of Gov. Eliot Spitzer.

Democrats want an apology and called for an investigation by a Senate panel, but no apology was offered by Senate Republicans or Stone, who continued to deny any involvement in the message left Aug. 6 for Bernard Spitzer at his office.

Senate Majority Leader Joseph L. Bruno said the Senate Republican Campaign Committee, which Bruno controls, was paying Stone $20,000 monthly.

He said Stone resigned at Bruno's request.

Bruno said he would not let the episode deter Republicans in their push to find out whether the Democratic governor and his chief of staff knew of efforts to gather damaging information about Bruno's use of state aircraft and State Police drivers.

Political sources said some advisers wanted to keep Stone, and he may end up working for individual senators in the coming months.

But Bruno abruptly cut Stone free after discussions with advisers, and amid calls from Democratic leaders for Stone's ouster.

Since late June, Stone has been advising the Senate majority, conducting conferences with Republican members and campaign committee chairmen and offering ideas on how to attack Spitzer and retain control of the Senate next year.

Republicans hold a two-seat majority.

In an interview Tuesday and in a statement released Wednesday, Stone, 55, a veteran of 35 years of political operations, denied wrongdoing for alleged misdeeds and stayed on the offensive.

"The guy who makes threatening phone calls to people is Eliot Spitzer, not Roger Stone," the Miami-based consultant said.

Stone claimed he was at the theater that night, but New York magazine reported that the play he claimed to have attended, Frost/Nixon, was closed that evening.

Bruno said he is unsure if Stone made the threatening call to the governor's father.

Bruno told reporters at an event at Saratoga Race Course that Stone "agreed to resign and end his relationship with us at our request."

"We are not going to allow this incident to become a distraction or to be used as an excuse to hamper people from getting at the truth."

Bruno, however, did not confirm or dispute Stone's account of the matter.

Someone left an obscenity-laced message for Bernard Spitzer, 83, telling him he would be forced to testify before the Senate Investigations committee, and possibly arrested, in connection with his financial help in his son's 1998 campaign for attorney general.

"I'm not second-guessing anybody," Bruno said.

"Roger says he didn't do it; he says somebody got into his apartment ... I did everything in my power I have control of."

"We asked him to resign."

Bruno called the allegations "serious" and "despicable," but said he doesn't think it's important whether he believes Stone's story -- that someone, likely Spitzer allies, got into his Manhattan apartment and placed the call, somehow imitating his voice.

What's important, Bruno said, is figuring out if Spitzer and his secretary, Richard Baum, abused executive power to go after Bruno.

He said the two issues are "totally unrelated."

However, Democratic leaders sought to link the two.

Earlier in the day, state Democratic Party Chairwoman June O'Neill and Co-chairman Dave Pollak called on Senate Republicans to fire Stone and apologize for his alleged actions.

And Sen. William Stachowski, D-Buffalo, a member of the Senate Investigations Committee, wrote to Bruno demanding an investigation into the Stone affair.

Stachowski said the public should learn who in the Senate majority knew about Stone's actions.

Stone worked most closely with Bruno and key central staff members such as Ed Lurie, executive director of the Senate Republican Campaign Committee, and Senate communications director John McArdle, according to a person apprised of his business dealings.

Stachowski was later backed by Senate Minority Leader Malcolm Smith, D-Queens, who called for an inquiry into how much Stone was involved in the Senate majority's government business.

Senate Investigations Committee Chairman George Winner said an investigation by his panel is highly unlikely.

"If this wasn't the silliest thing I ever heard of."

"To what advantage would someone have to harass an 83-year-old man?" said Winner.

He said he can't consider Stachowski's letter and Smith's news release on the matter "serious."

"It's a complete smoke screen," he said.

"What possible offense was committed here?"

"The only offense was the making of a call."

He said he has no idea if Stone made the call and said he does not know Stone and has never talked with him.

Some former colleagues of Stone say they have little doubt that he made the call.

"If it walks like a duck and quacks like a duck," said John Zogby, a Utica-based polling company operator who worked with Stone on the 2002 gubernatorial campaign of Tom Golisano.

"I was told from the beginning to watch out for Roger Stone, and while I felt that I worked well with him, I did come to see that he would favor tactics that I considered to be problematic," Zogby said.

"I don't think I would work with him again."

Stone has worked on dozens of campaigns and public affairs jobs since the 1970s.

Republicans have been his speciality, including Presidents Richard M. Nixon and Ronald Reagan, and Connecticut Gov. John Rowland.

He was part of George W. Bush's team in Florida in 2000.

He has served wealthy political aspirants like Donald Trump and B. Thomas Golisano.

He's no stranger to controversy.

In 1996, news reports highlighted ads for mate-swapping that featured Stone and his wife.

He claimed a "sick and disgruntled" person must have posted his picture and ad on Internet sites, even though his credit card was used to pay for the spots.

More recently, he was found by the Temporary State Commission on Lobbying to be part of a conspiracy behind an ad campaign to smear the St. Regis Mohawk Tribe, using a front group to place ads portraying the tribe as criminals.

An investigation in 2000 ended with $250,000 in civil penalties against various parties including Trump Hotel and Casino Resorts.

His penalty was $100,000.

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com. State Editor Jay Jochnowitz contributed to this report

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"GOP consultant tied to threatening call ousted - Roger Stone denies he left obscenity-laced message for Spitzer's father"

By JAMES M. ODATO and DAN HIGGINS, Staff writers, Albany, New York Times Union

First published: Thursday, August 23, 2007

ALBANY -- Senate Republicans ousted controversial political consultant Roger Stone on Wednesday, following allegations he left an obscene, threatening phone message for the elderly father of Gov. Eliot Spitzer.

Democrats want an apology and called for an investigation by a Senate panel, but no apology was offered by Senate Republicans or Stone, who continued to deny any involvement in the message left Aug. 6 for Bernard Spitzer at his office.

Bruno called the allegations "serious" and "despicable," but said he doesn't think it's important whether he believes Stone's story -- that someone, likely Spitzer allies, got into his Manhattan apartment and placed the call, somehow imitating his voice.

What's important, Bruno said, is figuring out if Spitzer and his secretary, Richard Baum, abused executive power to go after Bruno.

He said the two issues are "totally unrelated."

However, Democratic leaders sought to link the two.

Senate Investigations Committee Chairman George Winner said an investigation by his panel is highly unlikely.

"If this wasn't the silliest thing I ever heard of."

"To what advantage would someone have to harass an 83-year-old man?" said Winner.

He said he can't consider Stachowski's letter and Smith's news release on the matter "serious."

"It's a complete smoke screen," he said.

"What possible offense was committed here?"

"The only offense was the making of a call."

THE NEW YORK TIMES

Editorial

"Curiouser and Curiouser"

Published: August 23, 2007

New York State politics has become an arena best entered through the looking glass.

First, Gov. Eliot Spitzer’s team tried to reveal the bad transportation habits of his chief Republican opponent by pushing state troopers to reveal all.

Then came the investigations of his administration’s bad habits in using state troopers for political purposes.

And now there is The Phone Call.

Bernard Spitzer, Mr. Spitzer’s father, has reported receiving a threatening, at one point obscene, phone call traced to Roger Stone, a prominent Republican operative.

Mr. Stone, who has been working with state Republicans in recent months, has denied making the call.

He has suggested that somebody entered his apartment and used his phone for a dirty trick.

Alternatively, he surmised that his enemies fabricated the voice mail from taping his many appearances on television.

One thing is certain, whoever called from Mr. Stone’s phone was full of late-evening venom — accusing the 83-year-old real estate developer of “shady” campaign loans and calling his son a “phony” and a “psycho.”

A touch of obscenity (the kind not normally heard on political TV shows) was added for emphasis.

Senator Joseph Bruno, the state’s lead Republican politician and target of the Spitzer crew’s original attack, fairly quickly decided the phone call was enough of a “distraction.”

Yesterday, he severed the party’s relationship with Mr. Stone.

That might be a very good move for everybody.

After Mr. Stone, who once did political work for Richard Nixon, began meeting with Senate Republicans earlier this year, the party and its friends have been issuing a ream of press releases about Mr. Spitzer and his staff.

An associate of Mr. Stone has put out a daily e-mail trying to make the whole thing look like Watergate.

Now that Mr. Stone, the phone call and the caller’s charges are official distractions, we’d like to add to that list of sideshows all the breast-beating in Albany these days about the Spitzer administration.

Whatever the new governor’s administration did wrong, it is now just the latest excuse for legislators to avoid doing the hard stuff, like cleaning up brownfields or the scandalous way campaign dollars control politicians in New York State.

http://www.nytimes.com/2007/08/23/opinion/...amp;oref=slogin

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THE NEW YORK DAILY NEWS

Exclusive

"Ex-demolition boss: I warned of safety lapses"

By ALISON GENDAR
DAILY NEWS STAFF WRITER

Thursday, August 23rd 2007, 5:33 PM

Workers at the toxic former Deutsche Bank tower drank, smoked and ignored basic safety rules on the job - and the company doing the $177 million demolition project never reined them in, a whistleblower told the Daily News.

"The firefighters - they didn't stand a chance."

"They walked into a deathtrap, a booby trap a year or more in the making," said the 52-year-old asbestos-removal supervisor, who worked at the Ground Zero job site for a year.

The supervisor met with FDNY marshals Tuesday, telling them he saw a slew of safety violations in the toxic tower.

He said the 29th floor was casually known as "Teddy's Tavern" because of the vodka and other booze regularly consumed in that floor's decontamination unit, where men cleaned up and ate meals.

The 29th floor has since been demolished.

The whistleblower also said work crews smoked heavily and ran live power lines along floors where asbestos removal was being done - a dangerous lapse.

He said the demolition subcontractor, John Galt Corp., hired one electrician to monitor 10 floors, instead of the required two per floor.

He charged that some workers set up transformers on work floors and failed to safeguard the red-hot electrical generators.

Galt was hit with a "Notice of Default" yesterday from Bovis Lend Lease, the general contractor.

The notice axed Galt from the project, citing numerous safety violations at the demolition site and "the failure to properly maintain all required site safety precautions."

The whistleblower worked at the job site from May 2006 until Memorial Day 2007, when he said he had a blowup with his boss at John Galt over an unpaid bonus.

The whistleblower said he quit and took a better job.

He said he came forward so what happened to the doomed firefighters at the former Deutsche Bank building doesn't happen to another firefighter.

"My son is FDNY, a firefighter."

"It could have been my son going into that deathtrap," he said.

"The people in charge of that site knew there were problems."

"They were told there were problems, and they did nothing."

FDNY marshals interviewed the whistleblower as part of their ongoing probe into the cause of Saturday's deadly blaze.

The whistleblower said the violations he saw turned his stomach.

"Mayor Bloomberg said that the city was lucky that these guys [Galt] took the job?"

"Not so lucky," he said.

The Ground Zero project was Galt's first demolition of a tower and its first major asbestos job - and it showed, he said.

He said the company fired an asbestos supervisor around last Christmas because he was routinely drunk, but then rehired him in the spring to run the 17th floor, which is where the FDNY believes the fire ignited.

"He was a drunk."

"Everyone knew it."

"For whatever reason they let him back on thejob this spring, and now everyone's looking at the 17th floor," the whistleblower said.

The asbestos supervisor singled out by the whistleblower acknowledged he was in charge of the 17th floor, but said he never drank on the job, and didn't allow anyone else to drink.

He said he left several hours before Saturday's fire erupted.

"I wasn't there when the fire broke out."

"I left at noon."

"I had to go to New Jersey," the man said, adding his employer told him "not to say anything to the press."

A cordial but tight-lipped Greg Blinn, Galt's president, said outside his mansion overlooking the Hudson River in Valley Cottage, Rockland County, "According to my contract with Bovis and the city, I'm not allowed to talk."

"I wish I could, but I can't."

An employee at Galt's Manhattan headquarters answered the phone with, "I have no comment," then hung up as a reporter listed the whistleblower's allegations.

Attempts to reach lawyers for Galt were unsuccessful.

A spokeswoman for Bovis said she could not comment about a Galt employee.

The whistleblower said all the problems went unchecked even as the site was crawling with city, state and federal inspectors.

"The inspectors were good about the air and cleanup and making sure dust didn't get out in the neighborhood."

"But how the site was run - nobody was looking at that," he said.

"It wasn't their responsibility."

The whistleblower said he knows he will be scrutinized now that he has come forward, and volunteered that he served prison time for drug possession in the late 1980s.

"I'm a street guy, I admit it," he said.

"What I did was stupidness."

"But what I saw at that construction site was wrong, and now, we find out, deadly."

The whistleblower also said the water standpipe - dismantled and useless to the firefighters who needed water on the upper floors to battle Saturday's blaze - appeared in good shape when he left in May.

Fire marshals are looking into whether employees dismantled the standpipe to run compressed air through the pipes to upper floors to power their tools, sources said.

The ex-boss said he complained to higherups at Galt about the smoking, drinking and safety violations.

"No one listened," he said.

agendar@nydailynews.com

With Ethan Rouen

http://www.nydailynews.com/news/2007/08/23...safety_lap.html

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"Upstate NY sheriff and 5 underlings accused of misconduct"

By BEN DOBBIN, Associated Press

Last updated: 5:33 p.m., Tuesday, August 28, 2007

WATERLOO, N.Y. -- A sheriff and his former top deputy in a rural upstate county tried to pin crimes on at least four people who criticized them in an Internet forum, a prosecutor said Tuesday as six officers were charged with misconduct ranging from theft to falsifying business records.

Leo Connolly, 65, who took over as sheriff of Seneca County in 2004, told his undersheriff, James Larson, to slap the private residents "with whatever violation of law he could" in retaliation for their political attacks on a popular Web site in the Finger Lakes region, prosecutor R. Michael Tantillo said.

Nobody was ever ticketed or arrested, however, because sheriff's deputies "directed to target these individuals took it upon themselves not to follow those orders," Tantillo said.

After a seven-month grand jury investigation, Connolly, Larson, three sheriff's deputies and a former deputy appeared in Seneca County Court to plead not guilty to misconduct complaints dating to January 2005.

Connolly, a former FBI agent who is not seeking re-election in the fall, was accused of official misconduct for targeting his Internet critics with "selective enforcement" and offering a sheriff's deputy overtime pay to carry out his orders.

He was also charged with lying to the grand jury about a drug investigation and defrauding the county by claiming four officers attended a diver-training program in Florida when they were actually on vacation.

After his arraignment, Connolly took a "personal leave" from his job, the sheriff's department said without elaborating.

If convicted, he could draw a maximum 28 months to seven years in prison.

"Obviously, it's improper for any law enforcement or public official to target for retaliation someone else who is doing nothing more than exercising a protected right, that being a right of speech," said Tantillo, a district attorney brought in as a special prosecutor from adjoining Ontario County.

Larson, who resigned in March 2006 a few months after misconduct complaints surfaced, was accused of stealing a colleague's shotgun along with thousands of dollars worth of sheriff's department equipment, ranging from uniforms, handcuffs and ammunition to a soft drink machine, Tantillo said.

Most of the items were recovered in a raid on Larson's home, he added.

Larson was also charged with official misconduct for targeting the Internet critics and using official diving equipment to carry out paying jobs for two lakeside homeowners.

If convicted, he could be sentenced to as much as 16 months to four years.

In addition, four sheriff's deputies -- one a part-time employee who was fired last year and three suspended without pay Tuesday -- were charged with misdemeanors for stealing either tires, boats or other official equipment.

Charges against two of them, Christopher Constable and Scott Buck, are expected to be dropped because they cooperated with authorities.

"There are a lot of good officers in this county who take their job very seriously and try very hard to do a good job, and in fact are as chagrined as anybody else in this county," Tantillo said.

Connolly's attorney, Robert Napier, blamed Larson for the debacle.

"Sheriff Connolly was the victim of a systematic effort on the part of a rogue and now disgraced undersheriff to prevent the free flow of information from members of the department to the sheriff himself for the purpose of attempting to conceal the criminal and immoral activity of the undersheriff," he said.

"Once Sheriff Connolly became aware of this conduct, he acted swiftly and decisively to restore discipline and integrity within the sheriff's department," he said.

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July 18, 2005

"New York Medicaid Fraud May Reach Into Billions"

By CLIFFORD J. LEVY and MICHAEL LUO

It was created 40 years ago to provide health care for the poorest New Yorkers, offering a lifeline to those who could not afford to have a baby or a heart attack.

But in the decades since, New York State's Medicaid program has also become a $44.5 billion target for the unscrupulous and the opportunistic.

Nursing home operators have received substantial salaries and profits from Medicaid payments, while keeping staffing levels below the national average.

One operator took in $1.5 million in salary and profit in the same year he was fined for neglecting the home's residents.

New York's Medicaid program, once a beacon of the Great Society era, has become so huge, so complex and so lightly policed that it is easily exploited.

"It's like a honey pot," said John M. Meekins, a former senior Medicaid fraud prosecutor in Albany who said he grew increasingly disillusioned before he retired in 2003.

"It truly is."

"That is what they use it for."

State health officials denied in interviews that Medicaid was easily cheated, saying that they were doing an excellent job of overseeing the program.

"This continues to be an area where we think that we have made substantial progress," said Dennis P. Whalen, executive deputy commissioner of the State Health Department.

"Joining Spitzer's "get-it done" set - Mix of associates, outsiders are named to key administration posts"

By MICHAEL GORMLEY, Associated Press

First published: Saturday, December 16, 2006

ALBANY -- Gov.-elect Eliot Spitzer says "a get-it done attitude that state government desperately needs" is shared by the people he tapped Friday for top level jobs in his administration.

When Spitzer won the office in November by a historically large margin, he promised to bring experts to government offices, not political "cronies."

Other appointments included Dennis Whalen, who has served in Pataki's Health Department.

He will be Spitzer's deputy secretary for health and will report to the governor.

Whalen has been a widely respected executive deputy commissioner since 1996.

He isn't a physician, so can't be named commissioner, but his deputy secretary role appears to be above the commissioner's level.

"Hospital CEO up for state health job - Spitzer nominee Richard Daines would have task of carrying out Berger plan"

By CATHLEEN F. CROWLEY, Staff writer, Albany, New York Times Union

First published: Friday, January 19, 2007

Gov. Eliot Spitzer Thursday nominated a New York City hospital CEO with a reputation for improving patient care as the state's next health commissioner.

Dr. Richard Daines, 55, the CEO and chief medical officer of St. Luke's-Roosevelt Hospital Center, received strong support from the medical community and his colleagues, who called him a thoughtful team builder.

Daines, a Republican, will serve in the Democratic administration under Dennis Whalen, Spitzer's choice for the new position of deputy secretary for health.

"Comptroller says NY paid $10 million for services not provided"

By RICHARD RICHTMYER, Associated Press

Last updated: 3:53 p.m., Tuesday, August 28, 2007

ALBANY -- New York state paid nearly $10 million in Medicaid claims over five years for home care and transportation services for patients who were either in the hospital or had died, according to an audit.

Comptroller Thomas DiNapoli blamed the state Department of Health for not detecting the overpayments, a problem also identified in past audits.

The comptroller's office reviewed records for a five-year period that ended in April 2006 and found the state paid $5.7 million for home care while Medicaid recipients were in the hospital or had died.

Most of those overpayments were for hospitalized patients.

Roughly $14,000 was paid for the care of patients who had died.

A separate audit of medical transportation providers during the same period found about $4 million in payments for trips that probably never happened because the patients were already in the hospital.

The state paid just under $1 billion in Medicaid claims for home care and about $338 million for transportation in 2004, the most recent information available, according to the health department.

DiNapoli said the audit findings underscore a problem with the state's Medicaid claims processing system, which is administered by the health department.

Claire Pospisil, a health department spokeswoman, pointed out that the comptroller's audit covered Medicaid billing during former Gov. George Pataki's administration.

Since Gov. Eliot Spitzer took office in January, the agency has beeen upgrading the system to "stop and detect fraudulent billing and close the cracks," Pospisil said, although she could not provide details.

In written responses in April, the health department questioned the comptroller's findings, saying that at least some of the data or its interpretation was flawed.

The agency said the comptroller's report overstated the possible home care overpayments by more than $2 million.

The health department said it was already investigating $2.4 million in questionable home care claims when it received the comptroller's report in the spring.

The agency said it is reviewing the $4 million in transportation payments the comptroller's audit identified.

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"Spitzer aide gets pay as GOP fumes - Darren Dopp, a Bruno flight scandal figure, still suspended, but cashes accruals; status unclear"

By JAY JOCHNOWITZ, State editor, Albany, New York Times Union

First published: Tuesday, August 28, 2007

ALBANY -- Republicans on Monday blasted the Spitzer administration's decision to let a key figure in the Troopergate scandal start collecting a paycheck again.

Gov. Eliot Spitzer's communications director, Darren Dopp, remains suspended, but will be allowed to cash in vacation and other excused time he amassed over his career in state government, according to Lloyd Constantine, deputy secretary to the governor.

"He's being allowed to spend down his accrued leave time," Constantine said.

Dopp has six to eight weeks of such leave at his disposal, he said, but was unable to discuss other details of Dopp's job status.

A leading Senate Republican said the move showed poor judgment on Spitzer's part.

Deputy Majority Leader Dean Skelos, R-Rockville Center, said the Democratic governor should wait until various investigations into the matter play out, and have everyone involved come forward.

"By returning Darren Dopp to a high-paying position within his administration before the ongoing investigations are completed and the matter is thoroughly resolved, Gov. Spitzer would be making another poor decision and further compromise both the integrity of his administration and the public trust," Skelos said.

Skelos used Dopp's return to the payroll to call for Spitzer to provide all e-mails related to the scandal to investigators, and direct his staffers to testify under oath.

The Senate Investigations Committee, State Ethics Commission, and Albany County District Attorney David Soares are looking into the matter.

Matt Walter, spokesman for the state Republican party, also assailed the move, saying in a prepared statement that returning Dopp to the payroll "is arrogant and an insult to the people of this State ...."

"There simply is no place in government for Mr. Dopp after the things he has done."

In a somewhat unusual move by a local party leader, Albany County Republican Chairman Peter Kermani also weighed in, using the occasion to criticize Soares, a Democrat, who is still looking into the matter but is said to have found no evidence of criminality.

Kermani, who compared the controversy to the Watergate scandal that brought down President Richard Nixon, rapped Soares for "quickly wrapping up the investigation into the 'Spitzergate' scandal without a thorough investigation."

Although a source close to Soares said earlier that he has found no criminal behavior, Soares last week said he isn't done with the probe and that he intended to respect the process and not become enmeshed in the "political theater" surrounding the scandal.

Dopp was suspended without pay following the July 23 release of a report by Attorney General Andrew Cuomo that concluded he and former homeland security deputy William Howard hatched a plan to gather information about Senate Majority Leader Joseph L. Bruno's use of state aircraft and State Police drivers, and release it to the media.

The report found Dopp and Howard improperly used State Police to create the reports on Bruno, which showed he flew to New York City at taxpayer expense on three occasions this year when he had political fundraisers.

Cuomo's report said Bruno didn't violate any laws because he also did at least some public business on the trips, although neither Bruno nor Cuomo have provided details.

The Ethics Commission has since tightened the rules on use of state aircraft to require, among other things, that government business be the primary purpose of the trips and that politicians pay a share of the cost to cover any political use.

Jay Jochnowitz can be reached at 454-5424 or by e-mail at jjochnowitz@timesunion.com. James M. Odato contributed this report.

[Livyjr]

"Spitzer aide gets pay as GOP fumes - Darren Dopp, a Bruno flight scandal figure, still suspended, but cashes accruals; status unclear"

By JAY JOCHNOWITZ, State editor, Albany, New York Times Union

First published: Tuesday, August 28, 2007

ALBANY -- Republicans on Monday blasted the Spitzer administration's decision to let a key figure in the Troopergate scandal start collecting a paycheck again.

In a somewhat unusual move by a local party leader, Albany County Republican Chairman Peter Kermani also weighed in, using the occasion to criticize Soares, a Democrat, who is still looking into the matter but is said to have found no evidence of criminality.

Kermani, who compared the controversy to the Watergate scandal that brought down President Richard Nixon, rapped Soares for "quickly wrapping up the investigation into the 'Spitzergate' scandal without a thorough investigation."

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

ITEM: WFP Executive Director Dan Cantor rejected Caputo's allegations, saying: "This is a Republican attack."

"David Soares is a man of great principle and he certainly has shown his independence - just think back to the Hevesi investigation."

JOHN GALT RESPONDS: Actually, I find myself more in agreement with what was written about P. David Soares and his role in the TROOPERGATE FIASCO by DN writer Michael Goodwin in THE NEW YORK DAILY NEWS story "Albany DA joins mess", Wednesday, August 22nd 2007, 4:00 AM, as follows:

Walking in Albany could be hazardous to your health.

All the BS is turning the sidewalks slippery and reputations of the high and mighty are falling like trees in a hurricane.

Be careful or you could get mushed and crushed.

Albany District Attorney David Soares is the latest contributor to the Eliot Mess.

First he discredited his investigation into how Gov. Spitzer's office used the state police for a political hit job, then compounded the offense with a howler of doublespeak.

Add him to the list of problems that includes the ethically compromised inspector general, Kristine Hamann.

He tried to backpedal yesterday, but only made the goof worse with an unbelievable statement that claimed, "no findings have been made."

"To draw any conclusions before reviewing all evidence would directly contradict the principles of our process."

He should look in the mirror and repeat that good advice a million times a day.

Problem is, Soares can't put the genie back in the bottle, and neither can we.

He has disqualified himself from being trusted to carry out a thorough investigation.

Like Hamann, he's new to Albany - he was elected in 2004 - and the heat might be getting to him.

His patrons, especially the Working Families Party, have belittled the dirty-tricks issue.

One way to read Soares' interviews is that he was reassuring top Democrats, including Spitzer, not to worry.

That would seem unnecessary - unless Spitzer has something to hide.

http://www.nydailynews.com/opinions/2007/0...joins_mess.html

There's where I'm coming from, myself, but the DN's Michael Goodwin says it better ....

And so ...

Posted by: John Galt | August 28, 2007 6:40 PM

http://www.nydailynews.com/blogs/dailypoli...s.html#comments

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"2 admit Medicaid scheme - Operators of home care agency employed uncertified aides"

Associated Press

First published: Tuesday, August 28, 2007

ALBANY -- Two operators of a Brooklyn-based home care services agency have pleaded guilty in a $12 million Medicaid fraud scheme, Attorney General Andrew Cuomo announced Monday.

The operators of Immediate Home Care Inc. were charged with stealing from Medicaid by employing unqualified, uncertified home health aides.

Medicaid was also billed for services that weren't provided.

Nachem Singer, 43, pleaded guilty Monday to third-degree grand larceny and Ervin Rubenstein, 43, pleaded guilty to fourth-degree grand larceny.

In a separate plea, their company pleaded guilty to second-degree grand larceny and was ordered to pay $12.5 million in restitution.

The convictions stem from "Operation Home Alone," the state's industrywide crackdown on fraudulent Medicaid home care providers.

Immediate Home Care was licensed in 1994 to provide home care services and its revenues increased from about $3 million to more than $52 million between 2003 and 2006.

The agency has employed at least 2,000 people, including 10 who have been convicted of working with phony certifications.

The agency also recruited aides from training facilities where false certifications could be purchased with little or no training provided.

Medicaid requires home health care aides to successfully complete a program licensed by the state.

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

In 1969, Student, the PEOPLE of NYS, myself included, voted to amend OUR NYS Constitution to add section 4 to ARTICLE XIV, entitled Conservation ...

Section 4 states in relevant part as follows:

§ 4. The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

end quotes

There, Student, better than 30 years ago, now, is the BIRTH of the "green" movement in NYS, long before SILDA and her witless yammering on the subject today, as if we were all sitting out here in a benighted state of ignorance about environmental concerns, waiting for SILDA to come and enlighten us ....

That constitutional amendment then led to the adoption of TITLE 1 of the NYS Environmental Conservation Law, DECLARATION OF POLICY, which is stated as follows:

Section 1-0101. Declaration of policy.

S 1-0101. Declaration of policy.

1. The quality of our environment is fundamental to our concern for the quality of life.

It is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being.

end quotes

There, Student, is the "teeth" of the "green" movement in NYS, and that, Student, is in 1970!

S 1-0101(2) of the NYSECL further states:

It shall further be the policy of the state to improve and coordinate the environmental plans, functions, powers and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations and the concerned individual, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

end quotes

1970, Student ...

37 years ago, now ...

THAT THE STATE MAY FULFILL ITS RESPONSIBILITY AS TRUSTEE OF THE ENVIRONMENT FOR THE PRESENT AND FUTURE GENERATIONS ...

Why is SILDA just picking up on this now, do you think, Student?

And more to the point, perhaps, why aren't you aware of this vital NYS history?

What kinds of teachers did you have, anyway, Student?

Why did they deprive you of a sound education, especially in light of NYSECL Article 8, which states:

S 8-0101. Purpose.

It is the purpose of this act to declare a state policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the state.

S 8-0103. Legislative findings and declaration.

The legislature finds and declares that:

1. The maintenance of a quality environment for the people of this state that at all times is healthful and pleasing to the senses and intellect of man now and in the future is a matter of statewide concern.

2. Every citizen has a responsibility to contribute to the preservation and enhancement of the quality of the environment.

end quotes

EVERY CITIZEN HAS A RESPONSIBILITY, Student, according to OUR NYS laws ...

But if you check up on the record of SILDA's husband the "STEAMROLLER", while he was state AG, you will find that he spit on this section of law and made a mockery of it ....

Which makes SILDA's words today on the subject ring hollow ...

And so ...

Posted by: John Galt | August 29, 2007 7:31 AM

http://www.nydailynews.com/blogs/dailypoli...nd_ends_77.html

[Livyjr]

THE NEW YORK POST

"ELIOT'S STAFF IN DARK - CHAMBER OF SECRETS"

August 27, 2007 -- Gov. Spitzer and a handful of aides have erected a "fierce firewall" of secrecy that has denied other members of his staff details of the explosive dirty-tricks scandal, administration insiders say.

The secrecy has left members of the governor's senior staff confused, demoralized and uncertain about the administration's future, the insiders agree.

"They're not talking to anybody within the [executive] chamber, they don't want to answer any questions from even the people who work there," said a Spitzer administration official.

"They're running the clock on the investigations, a small group of them who have created a fierce firewall around the details."

A senior Spitzer administration official said an atmosphere of secrecy has settled over the executive chamber.

"The people at the very top are acting like they have a lot to hide, like they're intent on covering things up," the official said.

"Where once there was friendliness and openness, now everyone seems to have hunkered down."

Another source said Spitzer and his aides are "saying their prayers" that three ongoing investigations of the scandal "don't subpoena the private e-mails that are out there" dealing with the plot.

Those e-mails were not disclosed to Attorney General Andrew Cuomo, who in late July issued a bombshell report on the scandal - in which senior Spitzer aides used the State Police to gather supposedly damaging information on Senate Majority Leader Joseph Bruno (R-Rensselaer).

The plot is being investigated by the state Ethics Commission, Albany County District Attorney David Soares and the Senate Investigations Committee.

While Soares - who has strong political ties to fellow Democrat Spitzer - denied a report last week claiming he had already concluded no crimes had occurred, he has confided to friends that his office will take no action, said sources familiar with the scandal.

Meanwhile, the GOP-controlled Senate Investigations Committee may decide as soon as today whether to issue a subpoena to Inspector General Kristine Hamann to force her to testify at a hearing.

Hamann, a Spitzer-appointee whose own purported "investigation" of the dirty-tricks scandal may, Senate investigators say, have been used to cover up key details, has refused to say if she will accept an "invitation" to the hearing.

fredric.dicker@nypost.com

http://www.nypost.com/seven/08272007/news/...aff_in_dark.htm

[Livyjr]

THE NEW YORK POST

"ELIOT'S STAFF IN DARK - CHAMBER OF SECRETS"

August 27, 2007 -- Gov. Spitzer and a handful of aides have erected a "fierce firewall" of secrecy that has denied other members of his staff details of the explosive dirty-tricks scandal, administration insiders say.

The secrecy has left members of the governor's senior staff confused, demoralized and uncertain about the administration's future, the insiders agree.

A senior Spitzer administration official said an atmosphere of secrecy has settled over the executive chamber.

"The people at the very top are acting like they have a lot to hide, like they're intent on covering things up," the official said.

"Where once there was friendliness and openness, now everyone seems to have hunkered down."

Another source said Spitzer and his aides are "saying their prayers" that three ongoing investigations of the scandal "don't subpoena the private e-mails that are out there" dealing with the plot.

http://www.nypost.com/seven/08272007/news/...aff_in_dark.htm

THE NEW YORK POST

"DON'T LET THE GOV SLIDE - IF HE DOES, ALBANY WILL GET WORSE"

August 27, 2007 -- SOME signs last week suggest that Gov. Spitzer may skate past charges that he knew of his office's plot to smear Senate Majority Leader Joe Bruno.

That he'll avoid having to pay a steep price.

That New Yorkers may never learn the full story. '

That, in time, the whole affair might fade into history.

Would it matter?

Absolutely.

Not so much because of any unpunished harm to Bruno, per se.

But because of the plot's corrosive impact on Albany's notoriously corrupt political culture.

Reports last week claimed that Albany County DA David Soares had concluded that no one committed any crime in the affair.

Soares denied it, but it's easy to see how he might soon announce just that, given the difficulty of uncovering and proving criminal violations.

Similarly, the Ethics Commission is likely narrowly focused on whether any specific ethics laws were violated - and not necessarily on producing a full account of what happened.

Any Senate investigation, meanwhile, will be discounted as partisan, and its subpoenas can be tied up in court.

So it's reasonable to think Spitzer may suffer no major consequences.

Yet accountability here is more vital than ever.

Let's face it: Albany's problem is its hubris - the sense of entitlement among state officials.

For New York pols, the public, the law and ethical conduct come last.

Spitzer was elected to change all that, to break pols' cynical me-first mentality.

No one expects him to do that now.

But if he allowed aides to use State Police to gather dirt on Bruno, then lied about it - and winds up paying no more than a small political price, it will only make matters worse.

Indeed, corrupt pols may be emboldened.

And why should anyone have any faith in state government?

Unfortunately, the probes are all ill suited to unveil the truth.

The worst possible criminal violations - "unauthorized exercise" of official duties with the "intent to obtain a benefit," for example - may not seem terribly egregious and, again, may be hard to prove beyond a reasonable doubt, giving Soares an excuse to bow out.

The Ethics Commission may focus on its meat and potatoes, violations of the state's Ethics Law.

And the most it could do if it finds any ethical wrongdoing is refer it to the Legislature, which isn't likely to do much.

Meanwhile, Spitzer has sought to portray the plot merely as a case of overzealous staffers looking to expose waste or corruption.

Or that it was all done for some even nobler cause: "We were fighting so hard for what we believed was right that we let down our guard and allowed our passion to get the best of us," the governor said two weeks ago.

That may be a hard line for New Yorkers to swallow; half of them already think the governor lied about his role.

But, as Fred Dicker reports today, at least one Spitzer administration official says the gov's inner circle is "running the clock on the investigation."

Time has a way of burying over unproven suspicions, and any historical revisionism by the governor may well stick.

In a narrow sense, it would be understandable if New Yorkers let Spitzer slide.

After all, his chief transgression - looking to smear a political foe - isn't exactly a new trick in politics.

Plus, his defenders say his office was merely looking to monitor Bruno's use of taxpayer-funded helicopters.

Shouldn't they be applauded for that?

And suppose the governor did lie about his role.

Well, so what?

Fibs, even whoppers, are also part and parcel of politics.

Spitzer vowed to curb state spending, then hiked it by $7 billion the second he took office; isn't that as deceptive as any falsehood he may have told in Operation Bruno-Slam?

But the bigger point is this: Some minimal degree of trust in government is a key thread in the state fabric.

And such trust can come only from a full accounting of Spitzer's role in his office's shenanigans.

Albany is at an ethical crossroads.

If folks think the gov is getting away with something, New Yorkers can only hope that fabric doesn't begin to unravel.

abrodsky@nypost.com

http://www.nypost.com/seven/08272007/posto...lide.htm?page=0

[Livyjr]

THE NEW YORK SUN

OPINION

"Recipe for a Deal"

By JACOB GERSHMAN

August 27, 2007

The worst appears to be over for Governor Spitzer — at least for now.

The extent of the governor's involvement in the state police scandal is a mystery, but the chances of blockbuster disclosures emerging from the ongoing investigations are slim.

It's unlikely that the district attorney of Albany County, David Soares, will determine that the governor's office committed a crime in the course of its scheming against the Senate majority leader, Joseph Bruno.

It's harder to predict the outcome of the New York State Ethics Commission's inquiry.

Judging by the incompetence with which the commission had conducted its "preliminary" investigation — its bizarre subpoena of a Times Union reporter doesn't instill confidence — one shouldn't expect much from it beyond the findings of Attorney General Cuomo's report.

Senate Republicans are planning to convene hearings on the scandal, but they risk over-playing their hand.

The Spitzer administration made a mistake by politicizing the state police, but Mr. Bruno essentially used the executive chamber air fleet as his personal chauffeur.

It's hard to say who deserves more blame.

The longer the Republican probe drags on the more their search for truth starts to look like petty bickering.

That their political guru, Roger Stone, is accused of taunting Bernard Spitzer, an 83-year-old man with Parkinson's disease, doesn't help their cause.

It's an awkward moment for Mr. Spitzer.

Humbled by the worst scandal of his administration, Mr. Spitzer has pledged to be less combative and reach out to lawmakers whom he has alienated.

That's not going to be easy given that Mr. Bruno intends to provoke Mr. Spitzer at every turn.

The Spitzer administration sought to damage Mr. Bruno for a reason.

That they failed once doesn't mean they don't have an incentive to try again.

Mr. Spitzer's relationship with Mr. Bruno is beyond repair.

In the spring, é detente may have been possible.

Now, there's too much bad blood.

The number of personal insults, obscenities, and accusations that the two men have lobbed at each other is an embarrassment to the offices they hold.

The governor can little afford to hesitate by waiting until next year's November elections to try to remove Mr. Bruno from power and allowing another 14 months to be wasted by childish squabbling.

The gamble is too risky.

A Republican victory extending the party's control of the Senate for another two years would destroy the governor's chances for a productive first term.

A Democratic victory could backfire on Mr. Spitzer by giving birth to a united and emboldened Legislature armed with more leverage over the governor during budget negotiations.

The more urgent concern for Mr. Spitzer then is not what to do about the Senate Republicans but what to do about Mr. Bruno.

The 78-year-old Senate leader would seem to be at the peak of power, flush with the vindictive glory of Troopergate.

The shaming of the governor, however, does not make for a long-term strategy.

Republicans may be patting themselves on the back for outsmarting Mr. Spitzer but one scandal does not change the demographic reality in New York: the Republican base is shrinking.

They may survive 2008 but then they have to worry about 2010, 2012, and on.

Combined, the long-term trends for Republicans and the short-term needs for Mr. Spitzer are a recipe for a deal.

The governor calls off his war on the party as long as he's governor in exchange for a new Senate leader, a legislator who's on friendly terms with Mr. Spitzer and who could bring the two sides together.

The top candidate for the job is Thomas Libous, a Republican from Binghamton who has eyed the majority leader post for a long time.

Mr. Libous is one of the few Republicans in the conference who get along with Mr. Spitzer.

His Web site blog features a giant photo of the two men chatting in his district.

"In my role as a senior senator, we'll be able to work together very easily with the new governor on behalf of the Southern Tier," Mr. Libous told the Press and Sun-Bulletin in November.

"Why?"

"My constituents are also Eliot Spitzer's constituents."

"We'll have a mutual interest in helping people."

Republicans and Mr. Spitzer both have a choice.

Republicans can stick with Mr. Bruno now and live in perpetual electoral fear, or they can buy time by making peace with Mr. Spitzer.

The governor can sacrifice the next year in the hopes of a Democratic triumph in 2008 or he can forge a relationship with a party that is naturally closer to him on a number of fiscal policy issues than he is to the left-leaning Democratic conference.

Senate Republicans are a loyal bunch and would not casually betray a man who has led them ably for 13 years.

The question remains: Does Mr. Bruno represent their future or their past?

http://www.nysun.com/article/61334?page_no=1

[Livyjr]

THE NEW YORK TIMES

"Rethinking Bold Style, Spitzer Gets New Advice"

By DANNY HAKIM

Published: August 26, 2007

ALBANY, Aug. 23 — Acknowledging his problems navigating the turbulent waters of Albany, Gov. Eliot Spitzer in recent weeks has reached out to a diverse group of prominent figures for advice in putting his scandal-marred administration back on course.

Members of the informal group, who come from a wide range of professional and political backgrounds, include Robert E. Rubin, the treasury secretary under President Clinton; Jerry Speyer, a real estate developer who has advised governors since Hugh L. Carey; and Abraham M. Lackman, a Republican and former top aide to the governor’s chief political rival, the Senate majority leader, Joseph L. Bruno.

Seeking help from outside advisers is something of a departure for Mr. Spitzer, who during two terms as attorney general and as governor has relied on the same close-knit circle of aides, among them Richard Baum, his secretary; Darren Dopp, his communications director; and David Nocenti, his counsel.

His new strategy reflects, in part, Mr. Spitzer’s recognition that his aggressive approach to the Legislature has been less than effective and has created dissension, some of his new advisers said.

“He has a very good sense of his missteps so far — not that it would take a genius to see that — and how he has to change,” said Mr. Rubin, who met with the governor over breakfast recently, along with Mr. Speyer.

But Mr. Spitzer’s hand may also have been forced by scandal: His discussions with the outside advisers began shortly after the release of a report by Attorney General Andrew M. Cuomo last month that said some of Mr. Spitzer’s closest aides had misused the State Police in an attempt to discredit Mr. Bruno.

Both Mr. Baum and Mr. Dopp have been implicated in the scheme.

Mr. Dopp has been suspended; Mr. Baum has said he did not know anything improper was taking place.

The political atmosphere in Albany was further inflamed when lawyers representing the governor’s father, Bernard Spitzer, accused a top consultant to the Senate Republicans, Roger J. Stone Jr., of leaving a threatening voice mail message.

Mr. Bruno forced Mr. Stone, who has denied the charge, to resign.

In a recent interview, the governor said, “I’m clearly reaching out to individuals in both the private sector and in government who have a depth of experience in crafting, both structurally and ideologically, administrations I have admired.”

He added, “I’m trying to garner from them whatever wisdom I can about how you go through it.”

A half-dozen people contacted by the governor in recent weeks described many aspects of their conversations and advice.

The group also included Marc V. Shaw, who used to be Mayor Michael R. Bloomberg’s first deputy mayor; Elizabeth Moore, former counsel to Gov. Mario M. Cuomo and the first head of the State Ethics Commission; and James R. Tallon Jr., the former majority leader of the State Assembly.

The discussions seemed to dwell to a large extent on process, and many of the advisers said they encouraged striking a different and more productive tone with lawmakers, while others said their discussions were more focused on rethinking the governor’s policy agenda.

All said they had had both personal meetings and phone conversations — generally one on one — and had been asked to play a recurring informal role.

“We talked basically about what had transpired over the last seven or eight months, a lot of it being very good, obviously, and some of it imperfect,” Mr. Speyer said.

“And we really talked about the imperfect piece, and how some of that could be handled in a different way going forward.”

Many of the conversations appeared to reflect the governor’s acknowledgment that his hard-charging style was at times getting in the way of his policy agenda, though there has been widespread skepticism in the political world that the governor can temper his personality or his political style.

“Psychology books say people don’t change 10 percent from the date of birth to the date of death,” said Joseph Mondello, the chairman of the state Republican Party.

“For this guy in a few weeks to go from Mr. Tiger to be Mr. Pussycat, I don’t see it.”

In his choice of outside advisers, Mr. Spitzer seemed to be looking for a range of talent and experience.

Mr. Lackman, a Republican, knows Mr. Bruno well.

Mr. Rubin, in his years with President Clinton, saw from the inside how an administration deals with turmoil and scandal.

Mr. Tallon, a Democrat from Binghamton who is president of the United Hospital Fund, is intimately familiar with the Legislature and upstate politics.

“The idea is to have a candid conversation with him about the bigger picture, the process,” said Mr. Tallon, who has been an important health policy adviser to the administration.

“Obviously, the events of the last month in Albany have put a focus on things, but the truth is, this is a conversation every administration has to have as it goes from post-campaign mode to governing mode.”

Mr. Lackman, who served from 1995 to 2002 as Mr. Bruno’s top budget adviser, expressed hesitation about offering advice to the governor.

“I have an extraordinary amount of affection and admiration for Senator Bruno,” he said, adding that it had “been an enormously disappointing summer.”

“This is as bad as I’ve ever seen it,” he said.

“I believe at such a difficult moment, to the extent I can do something that might make it better, whatever trepidation I have is worth the risk,” he said.

“If there’s one thing I hope will come out of the next 12 months, it’s a return to civility.”

Mr. Lackman, who is now the president of the Commission on Independent Colleges and Universities, a private policy group, once served as Mayor Rudolph W. Giuliani’s budget director.

Mr. Shaw once worked for the State Senate’s finance staff and, in his days as first deputy mayor, spent many days in the Capitol.

He was recently appointed by the governor to the 17-member commission studying Mayor Bloomberg’s congestion pricing plan for Manhattan.

Mr. Shaw said the governor had called him about three or four weeks ago, “when this stuff was reaching a head in the press.”

“Look, he’s obviously going through a tough time and the state is going through a tough time,” he said.

“He’s a very smart guy and he realizes something has gone amiss and he’s trying to figure out how to get it back on track.”

Mr. Shaw’s advice?

Strike a closer relationship with Assembly Speaker Sheldon Silver, a Democrat who often clashed with Gov. George E. Pataki but has become something of a middleman between Mr. Spitzer and Mr. Bruno.

“Shelly has been through it before,” Mr. Shaw said.

Ms. Moore said she had talked to the governor about management issues, namely making sure the executive agencies were carrying out his policies.

“It’s a perfect time to take stock of what’s been working,” she said, adding that she had also offered advice on honing the governor’s message.

Mr. Rubin, now a Citigroup executive, said he had done the same reaching out when he was treasury secretary.

“There’s always a risk that groups of people develop thought patterns, and you want to reach outside of that and see what people thought, and President Clinton certainly did that,” he said.

There was little talk of policy with Governor Spitzer, he said.

“I think the discussion was more about how do you make a transition from attorney general to a governor,” he said.

“There have been plenty of governors who have been forceful, but the question is how do you do it and get results."

"What he said himself is, ‘How do you make the transition?’ ”

http://www.nytimes.com/2007/08/26/nyregion...mp;ref=nyregion

[Livyjr]

THE NEW YORK POST

"DON'T LET THE GOV SLIDE - IF HE DOES, ALBANY WILL GET WORSE"

August 27, 2007 -- Let's face it: Albany's problem is its hubris - the sense of entitlement among state officials.

For New York pols, the public, the law and ethical conduct come last.

Spitzer was elected to change all that, to break pols' cynical me-first mentality.

No one expects him to do that now.

But if he allowed aides to use State Police to gather dirt on Bruno, then lied about it - and winds up paying no more than a small political price, it will only make matters worse.

Indeed, corrupt pols may be emboldened.

And why should anyone have any faith in state government?

http://www.nypost.com/seven/08272007/posto...lide.htm?page=0

THE NEW YORK DAILY NEWS

"Spitzer's scandal aide back on the job"

BY JOE MAHONEY, DAILY NEWS ALBANY BUREAU

Tuesday, August 28th 2007, 8:27 AM

ALBANY - A key figure in the effort by Gov. Spitzer's aides to smear Senate GOP Leader Joe Bruno goes back on the state payroll today - a move sure to keep the scandal alive.

Darren Dopp, who was the governor's communications director, helped engineer the plot to hurt Bruno with a negative news story on the senator's use of state-owned aircraft, a July 23 report from Attorney General Andrew Cuomo said.

Spitzer spokesman Jeff Gordon said Dopp would begin drawing vacation pay today based on his $175,000 annual salary.

Spitzer, who insists he had no knowledge of the effort to embarrass Bruno, punished Dopp in response to the Cuomo report by suspending him without pay.

Gordon would not say whether Dopp would again be part of Spitzer's inner circle or be reassigned to a state agency outside the Capitol.

Republicans reacted swiftly, contending Dopp's head belongs on the chopping block.

"Using the police to track and punish a political rival is against everything this country stands for, and there simply is no place in government for Mr. Dopp," said state GOP boss Joe Mondello.

In a related development, Inspector General Kristine Hamann agreed to appear before the GOP-led Senate Investigations Committee next week.

Hamann stopped probing the Troopergate scandal after e-mails revealed her boss, Spitzer confidant Richard Baum, was told of the plot.

Sen. George Winner (R-Elmira), who heads the committee, said he was pleased Hamann would testify Sept. 6, but said Spitzer "is as lawyered up as he was in the beginning" and has yet to testify under oath about the misuse of state police resources.

Spitzer has said he would "love" to testify before the state Ethics Commission, which is conducting its own inquiry into the scheme, as is Albany District Attorney David Soares.

Independent polls have shown most New Yorkers believe Spitzer knew his aides were gunning for Bruno.

jmahoney@nydailynews.com

http://www.nydailynews.com/news/2007/08/28..._the_job-1.html

[Livyjr]

THE NEW YORK POST

"ELIOT'S STAFF IN DARK - CHAMBER OF SECRETS"

August 27, 2007 -- Gov. Spitzer and a handful of aides have erected a "fierce firewall" of secrecy that has denied other members of his staff details of the explosive dirty-tricks scandal, administration insiders say.

The secrecy has left members of the governor's senior staff confused, demoralized and uncertain about the administration's future, the insiders agree.

"They're not talking to anybody within the [executive] chamber, they don't want to answer any questions from even the people who work there," said a Spitzer administration official.

"They're running the clock on the investigations, a small group of them who have created a fierce firewall around the details."

"The people at the very top are acting like they have a lot to hide, like they're intent on covering things up," the official said.

"Where once there was friendliness and openness, now everyone seems to have hunkered down."

Another source said Spitzer and his aides are "saying their prayers" that three ongoing investigations of the scandal "don't subpoena the private e-mails that are out there" dealing with the plot.

http://www.nypost.com/seven/08272007/news/...aff_in_dark.htm

THE NEW YORK POST

"SILENCE FOR SALE?"

August 28, 2007 -- Former gubernatorial mouthpiece Darren Dopp is headed back to the state payroll after 34 days' suspension - even though his full role in the Spitzer administration's dirty-tricks scandal remains unexplained.

Premature?

You bet.

Consider this:

Dopp has yet to even be questioned, let alone cleared, by the state Ethics Commission regarding his role in the dirty-tricks scandal.

And Albany County DA David Soares' criminal probe into the manipulation of the State Police to smear Spitzer foe Sen. Joe Bruno is incomplete.

State Attorney General Andrew Cuomo determined that Dopp, in concert with other ranking Spitzer aides, recruited the State Police to gather information on Bruno's use of state aircraft.

This is no small matter.

The use of police officers to damage political foes is not, to put it mildly, the American way.

So why the rush to restore Dopp's $175,000-a-year paycheck?

State Sen. Martin Golden (R-Brooklyn) understandably wonders whether the press aide's return to an unspecified post - announced late yesterday by the governor's office - is "part of the coverup, getting Darren Dopp to be quiet so that he doesn't divulge any information that would be detrimental to the governor."

Dopp, along with Spitzer chief of staff Richard Baum, refused to speak with Cuomo's investigators.

Unfortunately, the AG lacks the legal power to compel testimony from either one.

Soares has talked to Dopp - but the Albany DA reportedly declined to put his witnesses under oath, so who knows if what they said is true?

Especially Dopp - whose lawyer, Terence Kindlon, seemed to be sending a very pointed message to Spitzer when he complained that his client "has got a kid who is a sophomore in college, with the usual tuition bills."

"He's got a mortgage."

"He's got a commitment to his family, and everybody is suffering terribly."

Message: Darren Dopp needs money.

Kindlon, however, reminded everyone that "Darren is very supportive, loyal and dedicated to the governor."

Further message: Support, loyalty and dedication don't pay the rent.

It's not hard to read between those lines.

Dopp needs to be questioned under oath by competent investigators - maybe even criminal prosecutors.

After that, there may be a proper place for him on a public payroll.

But how Spitzer - Mr. Ethics in Government - could permit his return under current circumstances is a puzzlement.

Or maybe not.

Silence can be golden - but it rarely comes cheap.

http://www.nypost.com/seven/08282007/posto...e_for_sale_.htm

[Livyjr]

"$1B bid to help buildings go green - State Dormitory Authority advances energy-efficient construction"

By BRIAN NEARING, Staff writer, Albany, New York Times Union

First published: Wednesday, August 29, 2007

ALBANY -- The state's construction arm -- responsible for about a billion dollars of libraries, classrooms and other public buildings each year -- is going green.

Starting next year, construction by the state Dormitory Authority will meet energy-efficiency standards of the U.S. Green Buildings Council, a step expected to provide a major boost to suppliers of green building technologies.

As part of Tuesday's announcement by First Lady Silda Wall Spitzer, the state also plans to offer an incentive of up to $10,000 for homeowners who either build or renovate homes to the council's Leadership in Energy and Environmental Design standard.

She touted the programs as a way to reduce energy consumption and help fight global warming by reducing emissions of greenhouse gases.

"The science is clear."

"New York's climate is already being impacted by global warming," said Environmental Conservation Commissioner Pete Grannis.

"The choices individuals make today will determine the nature of the world that we leave for future generations."

New York joins 23 other states such as California, Massachusetts, Connecticut, Rhode Island, Michigan, Florida, Arizona, Colorado, New Mexico and Washington that require LEED standards in some or all state projects.

LEED addresses energy efficiency, water conservation, land use, indoor air quality, renewable energy, not-toxic landscaping practices and recycling.

Buildings are ranked in ascending order as certified, silver, gold or platinum depending on how well standards are met.

According to the council, a LEED-certified commercial building reduces energy use by about a third compared to the national average.

In 2001, then-Gov. George Pataki issued an executive order suggesting, but not requiring, that state projects meet LEED standards.

The state Department of Environmental Conservation headquarters on Broadway in Albany reached "silver" status, which will be the minimum requirement under the new Dormitory Authority rules.

"We think this will be a real shot in the arm for people who manufacture what you need for green construction and the state's growing ranks of 'green-collar' workers," said authority Executive Director David Brown.

Following LEED standards could add "1 or 2 percent" to the cost of construction projects, but "this will be more than paid for by energy savings in the new construction," he said.

In Albany, the dormitory authority is handling the city library rebuilding project.

Brown said projects like Albany's that are already underway will not be bound by the new rules.

"This is huge and exciting," said Tracie Hall, executive director of the Green Buildings Council New York Upstate Chapter.

"The authority does construction projects in every part of the state."

"This a growing trend and the shape of things to come."

Under the residential program announced by the First Lady, an incentive would be available from the state Energy Research and Development Authority from 2009 through 2013.

The program would require approval from the Legislature.

A LEED-certified home consumes from 25 to 60 percent less energy than an average home, according to the council.

"This legislation offers an economic incentive to everyday New Yorkers who would like to make their homes more energy efficient, but are concerned about higher construction costs," said Wall Spitzer.

Nearing can be reached at 454-5094 or by e-mail at bnearing@timesunion.com.

[Livyjr]

"$1B bid to help buildings go green - State Dormitory Authority advances energy-efficient construction"

By BRIAN NEARING, Staff writer, Albany, New York Times Union

First published: Wednesday, August 29, 2007

ALBANY -- As part of Tuesday's announcement by First Lady Silda Wall Spitzer, the state also plans to offer an incentive of up to $10,000 for homeowners who either build or renovate homes to the council's Leadership in Energy and Environmental Design standard.

She touted the programs as a way to reduce energy consumption and help fight global warming by reducing emissions of greenhouse gases.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Student: The First Lady's announcement about making green initiatives a reality surely looks very promising ...

JOHN GALT RESPONDS: Student, I hate to pop a bubble for you, but "green" has been around now for better than 30 years!

"GREEN" has been in the NYS Building Code since the 1990's, at least ....

SILDA appears to be just discovering it now ....

Which makes her look damn foolish when she gets going on one of her inane riffs about "going green" and "green initiaitves" ....

Where has she been all these years, Student?

Why is she just now discovering something that has been common practice here in NYS for years?

And so ...

Posted by: John Galt | August 29, 2007 6:32 AM

http://www.nydailynews.com/blogs/dailypoli...7.html#comments

This post has been edited by Livyjr: Aug 30 2007, 04:45 PM

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

In 1969, Student, the PEOPLE of NYS, myself included, voted to amend OUR NYS Constitution to add section 4 to ARTICLE XIV, entitled Conservation ...

Section 4 states in relevant part as follows:

§ 4. The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

end quotes

There, Student, better than 30 years ago, now, is the BIRTH of the "green" movement in NYS, long before SILDA and her witless yammering on the subject today, as if we were all sitting out here in a benighted state of ignorance about environmental concerns, waiting for SILDA to come and enlighten us ....

That constitutional amendment then led to the adoption of TITLE 1 of the NYS Environmental Conservation Law, DECLARATION OF POLICY, which is stated as follows:

Section 1-0101. Declaration of policy.

S 1-0101. Declaration of policy.

1. The quality of our environment is fundamental to our concern for the quality of life.

It is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being.

end quotes

There, Student, is the "teeth" of the "green" movement in NYS, and that, Student, is in 1970!

S 1-0101(2) of the NYSECL further states:

It shall further be the policy of the state to improve and coordinate the environmental plans, functions, powers and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations and the concerned individual, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

end quotes

1970, Student ...

37 years ago, now ...

THAT THE STATE MAY FULFILL ITS RESPONSIBILITY AS TRUSTEE OF THE ENVIRONMENT FOR THE PRESENT AND FUTURE GENERATIONS ...

Why is SILDA just picking up on this now, do you think, Student?

And more to the point, perhaps, why aren't you aware of this vital NYS history?

What kinds of teachers did you have, anyway, Student?

Why did they deprive you of a sound education, especially in light of NYSECL Article 8, which states:

S 8-0101. Purpose.

It is the purpose of this act to declare a state policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the state.

S 8-0103. Legislative findings and declaration.

The legislature finds and declares that:

1. The maintenance of a quality environment for the people of this state that at all times is healthful and pleasing to the senses and intellect of man now and in the future is a matter of statewide concern.

2. Every citizen has a responsibility to contribute to the preservation and enhancement of the quality of the environment.

end quotes

EVERY CITIZEN HAS A RESPONSIBILITY, Student, according to OUR NYS laws ...

But if you check up on the record of SILDA's husband the "STEAMROLLER", while he was state AG, you will find that he spit on this section of law and made a mockery of it ....

Which makes SILDA's words today on the subject ring hollow ...

And so ...

Posted by: John Galt | August 29, 2007 7:31 AM

http://www.nydailynews.com/blogs/dailypoli...7.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And these "green" laws in NYS, Student, are supposedly, in her own words, anyway, the "work" of Ms. Judith Enck, the self-professed and proclaimed "QUEEN OF THE ENVIRONMENT" in NYS who is now the SPITZER-ITE UNDER-CZAR OF THE ENVIRONMENT here in NYS ...

And while Eliot "BAD DAWG" Spitzer was making a hollow mockery of these "green" laws while he was state AG, Ms. Enck was right in there with him in the AG's Office as one of his top environmental policy advisors ...

And in that role, she chose to turn her own back on her own laws, so as to further Eliot Spitzer's political career ...

And her own, of course ...

Since for Eliot Spitzer to actually become governor, he need to appease the polluters and "anti-green" interests in NYS so that they in turn would pump the huge sums of money into Spitzer that he needed to buy up the office of NYS governor with ...

And so ...

Out here in the countryside, Student, that is called RANK HYPOCRISY ...

While down there in ALBANY, where SILDA is now performing her act, it is called BID-NESS AS USUAL, the selling out of OUR Constitution and OUR laws by the very people we have "entrusted" to "take care that the laws are faithfully executed" ....

And so ....

Posted by: John Galt | August 29, 2007 8:05 AM

http://www.nydailynews.com/blogs/dailypoli...7.html#comments

[Livyjr]

"Troopergate called unethical but not criminal - Cuomo calls probe of scandal involving Spitzer aides adequate despite limitations"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Friday, August 31, 2007

COLONIE -- Attorney General Andrew Cuomo said Thursday that even if his office had subpoena power in its investigation of the Troopergate scandal, and even if all of Gov. Eliot Spitzer's top aides had testified under oath, no criminal behavior would likely have been found.

And Cuomo does not expect ongoing investigations by Albany County District Attorney David Soares or the State Ethics Commission to find criminal behavior, either.

Cuomo however, reiterated his office's findings that the aides' behavior was "improper, unethical," and said that the use of State Police by both Spitzer's office and Senate Majority Leader Joseph L. Bruno raised concerns in people's minds, and are part of Albany's reputation for dysfunction.

Cuomo stressed that, hypothetically speaking, the ability to subpoena witnesses or documents could reveal information that he's unaware of.

But, based on what he knows now, Cuomo said he does not expect any finding of illegality.

Animosity between Bruno and Spitzer -- already fierce political rivals who are fighting for control of the state Senate, the Republicans' last stronghold in state government -- exploded last month following revelations that Spitzer's communications director, Darren Dopp, and homeland security deputy official, William Howard, had the State Police create travel records detailing Bruno's trips to New York City using a state helicopter and State Police drivers.

On three of those trips, the Brunswick Republican attended political fundraisers, but also said he conducted legitimate state business.

The trips were the subject of a Times Union story earlier this summer.

Following that story, Bruno charged that Spitzer's top aides were engaging in "political espionage," prompting Cuomo to investigate.

Cuomo's report July 23 concluded that there was no real surveillance or criminality, but that Dopp and Howard had acted improperly by having police create the records on Bruno's movements and involving them in a political matter.

After Cuomo's report was released, it was revealed that Dopp and Spitzer's secretary, Richard Baum, refused to be interviewed by the attorney general's office, instead sending in written statements.

But Thursday, Cuomo stressed that even if Dopp and Baum had testified, he's confident his investigation would have still found no criminal violations, either in Troopergate or in Bruno's use of state helicopters and police drivers, which triggered the whole affair.

"I don't think it changes the ultimate outcome of criminality," said Cuomo.

Since Cuomo's report, which led to Howard's demotion and a monthlong unpaid suspension for Dopp, the Senate Investigations Committee, State Ethics Commission, and Soares have started their own inquiries.

The State Commission on Investigation is also weighing an investigation.

Cuomo added that the itineraries State Police created after-the-fact for Bruno's trips contained errors regarding details of the senator's travels.

"Because they were done from memory ... the information in some instances was wrong," said Cuomo.

Those itineraries outlined the meeting places, including a Sheraton Hotel, various restaurants in New York City, and Aqueduct Racetrack in Queens.

Troopergate has dominated much of the political discussion this summer in Albany, which Cuomo said is probably for the best, despite the slings and arrows that seem to be flying in all directions.

"The use of police is an issue that troubles people," Cuomo said.

In addition to Dopp and Howard's misuse of State Police to create the travel records, Troopergate also highlighted what Cuomo has described as vague, lax rules about the use of state aircraft and cars to transport politicians.

He said the rules were so loose, allowing any amount of public business to justify the entire trip on taxpayer-funded aircraft, that it would be all but impossible to violate them.

"It's all about the Albany dysfunction," he said.

"This is a conversation that we should have had 15 years ago."

Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.