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

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

October 28, 2007

"Technical Difficulties"

Esteemed blog readers - commentors and lurkers alike.

I have received a number of e-mails this weekend about people trying to post comments and receiving an error message that informs them they've been blocked or locked out.

This is not, in fact, the case.

No one has been locked out by myself or anyone else.

As far as I know, this is a technical problem, about which the technies have been alerted.

More information as I get it.

Thanks for your patience.

Liz

Posted by Elizabeth Benjamin on October 28, 2007 10:18 AM

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

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Thanks for posting that message, EB ....

Letting us know some background facts ...

Especially when the communications seemed to go down when we were talking about the specter of censorship on the BLOGS ....

And Eliot Spitzer was having his picture taken as the DOMINENT ONE next to a very cowed and submissive Michael Chertoff, who had his hands in the air in surrender to Eliot Spitzer and his plan to give aid and comfort to foreign nationals not in this country legally ....

And so ....

Posted by: John Galt | October 28, 2007 6:14 PM

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

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

October 28, 2007

"Driver's License Fallout Continues"

Gov. Eliot Spitzer issued another statement on his tri-level driver's license deal with the feds, again using the word "endorsed" to describe Michael Chertoff's opinion of New York's plan despite the fact that the US Homeland Security czar specifically stated yesterday that he does "not endorse" or "think it's a good idea" to give undocumented immigrants IDs of any kind.

"The plan the Department of Homeland Security has endorsed is a secure, practical and workable solution to our pressing safety and security concerns," Spitzer said.

"Our program which the nation’s Homeland Security Chief called 'among the most secure in the country' will enhance New Yorkers’ safety and security, address practically the problems caused by Washington’s failed immigration policy, and accommodate the airline travel mandates the federal government will impose on us in the coming years."

"The comprehensive plan we have developed makes our state more secure by bringing more people into the system and provides the greatest number of people with the greatest amount of security possible."

"As Governor, that is my number one priority."

It seems Spitzer has jumped out of the frying pan and into the fire, with the GOP continuing to slam him because the three-license plan still enables immigrants to qualify, albeit for a clearly-marked, less secure ID that can't be used for travel, while Democrats, immigrant advocacy groups and others that were supporting him furious because they feel he sold them out.

The one person who has yet to comment publicly is Assembly Speaker Sheldon Silver, who was supporting Spitzer and even went so far as to have his members block a GOP attempt to force a vote on legislation that would have rescinded the licenses-for-illegals part of the plan - even though a number of Democrats were reluctant to take that vote.

Assembly and Senate Democrats feel betrayed by the governor on this and are fuming over the fact that they didn't get the heads up about his negotiations with Chertoff, which Spitzer admits began weeks ago.

If that was the case, the Democratic line of reasoning goes, then there was no reason for anyone to go out on a limb in an effort to protect the governor on this extremely contentious issue, particularly at a time when local elections are looming.

Posted by Elizabeth Benjamin on October 28, 2007 4:16 PM

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

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

After looking at the set of photographs which accompanied the AP story in yesterday's on-line TU entitled "Feds strike ID deal over NY licenses" by DEVLIN BARRETT, Associated Press, last updated 5:12 p.m., Saturday, October 27, 2007, Spitzer looked anything but defeated ....

And in fact, I would say that Spitzer looked in that set of photographs like THE MASTER OF THE UNIVERSE ....

A "WORLD LEADER" in his own right, thanks to Chertoff's CAPITULATION to Spitzer yesterday on the specific issue of Spitzer making New York State into a harborage and safe haven for foreign nationals entering the United States of America illegally ....

Which CAPITULATION by Chertoff now sets New York State out from the other states of the former union as being a separate "NATION-STATE" on the world stage in its own right on a direct par with such other nation-states as Mexico, Mynmar, Sri Lanka, Indonesia, Thailand, China, South Korea, Germany, France and Saipan in the Mariana Islands ...

Eliot Spitzer has in fact scored a WORLD-CLASS COUP here ....

He has publicly won the right from the federal government of American President George W. Bush to advertise and make New York State into a safe haven for foreign nationals entering the soil of the United States of America illegally ....

AND THERE IS NOTHING AT ALL THAT MICHAEL CHERTOFF AND THE VAUNTED HOMELAND SECURITY OF THE UNITED STATES OF AMERICA CAN DO ABOUT IT!

ELIOT SPITZER HAS MADE FEDERAL IMMIGRATION LAW INOPERATIVE HERE IN NEW YORK WITH RESPECT TO HARBORING ILLEGAL ALIENS IN THE USA, JUST AS HE ADVERTISED TO ALL THE CANDID WORLD THAT HE WOULD ....

AND THANKS TO THE MIRACLE OF THE INTERNET, THE ENTIRE CANDID WORLD GOT TO SEE PHOTOS OF SPITZER, THE DOMINANT ONE, THE MASTER OF HIMSELF AND THE SITUATION, NEXT TO A COWED, WEAK, HUMBLE AND SUBMISSIVE MICHAEL CHERTOFF, BALD PATE SWEATING, WITH HIS HANDS IN THE AIR IN SURRENDER TO SPITZER, IN THE PAGES OF THE ELECTRONIC ALBANY TIMES UNION JUST YESTERDAY ....

And so ....

Talk about a picture being worth a thousand words ....

Those pictures spoke volumes to all the candid world about the true relationship between the ASCENDENT WORLD LEADER Eliot Spitzer, and the DECLINING FORTUNES of present-President George W. Bush, who is more and more weak and powerless with each passing day, as he is on his way out the door of the White House in Washington, headed to the political obscurity which awaits him as a failed and incompetent world leader ...

Who had Michael Chertoff make a very public admission to the candid world on behalf of Bush that Bush's HOMELAND SECURITY DEPARTMENT under Chertoff is ABSOLUTELY WORTHLESS to us here in America, because its DIRECTOR, Chertoff, has admitted that he is powerless against the onslaught of illegal immigrants coming into this country ....

SO SURRENDER!

PUT YOUR HANDS IN THE AIR, MICHEAL, LIKE YOU DID YESTERDAY, AND SURRENDER!

And since you did yesterday, today, you should follow that up by resigning ....

IF YOU CAN'T STOP ELIOT SPITZER FROM HARBORING FOREIGN NATIONALS IN THE USA ILLEGALLY, THEN YOU ARE WORTHLESS TO US HERE IN AMERICA ....

SO WE DON'T NEED YOU ...

And so ...

Posted by: John Galt | October 28, 2007 6:21 PM

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

[Livyjr]

"Housing slump likely to worsen"

By MARTIN CRUTSINGER, Associated Press

Last updated: 4:34 p.m., Friday, October 26, 2007

WASHINGTON -- The current housing slump, which began in late 2005, probably has another year to go before things turn around.

Before it is over, home prices -- which had soared during the boom years -- will probably have fallen by the largest amount of any downturn in the post World War II period.

The problems in housing have been a serious drag on the overall economy -- slashing more than a full percentage point off growth in some quarters.

And those adverse effects will get worse in coming months, many private economists believe, reflecting the fallout from the severe credit crunch that hit in August.

In a new report, the Joint Economic Committee estimates there will be 1.3 million foreclosures from mid-2007 through 2009 in subprime mortgages, loans provided to borrowers with weak credit histories.

Those foreclosures will wipe out an estimated $71 billion in housing wealth directly and another $32 billion indirectly by lowering the values of neighboring homes, according to the report by the JEC's Democratic staff.

The report predicts that will end up costing states $917 million in lost property tax revenue through the end of 2009.

The states of California, New York, New Jersey and Florida are expected to be among the biggest losers.

"Spitzer budget office warns of lower revenues"

By MICHAEL GORMLEY, Associated Press

Last updated: 2:42 p.m., Sunday, October 28, 2007

ALBANY -- Believe it or not, you should care about whether a Wall Street trader gets a big bonus in December.

In good years, a Wall Street trader or investment banker can pocket well over $100,000 in a year-end bonus.

The bonuses, based on financial performance, can add up to more than $20 billion industrywide and that can result in hundreds of millions of dollars in state tax and fee revenue.

But this year's forecast is getting gloomier.

"I think, unfortunately, it does appear to be getting worse and I don't believe we have hit bottom," said Paul Francis, budget director for Gov. Eliot Spitzer.

Francis will detail that view Tuesday in the Spitzer administration's report for the middle of the 2007-08 fiscal year.

Francis had previously projected a $3.6 billion budget gap for the 2008-09 budget due April 1.

He would not say last week how big the revised budget could be.

"It is going to reflect lower revenues and a significant factor in that will be an estimate of lower revenue from Wall Street," Francis, the former CFO of Priceline.com, said Friday.

State Comptroller Thomas DiNapoli, in a routine cash report, underscored the concern.

"Revenue performance has been steady, but we're seeing some cautionary signs that could indicate tougher times lie ahead for the state," DiNapoli said Friday.

One of the possible early warning signs: Business tax revenues for the first half of the fiscal year were $93 million below forecast levels.

The current state budget totals about $80 billion in state operating funds alone, or about $120 billion when all funds including federal money and capital borrowing are included.

Francis had said in September he wants to keep state spending growth to about 5.3 percent, which his Division of Budget sees as the rate of personal income growth in New York.

Inflation is about 3 percent.

About 20 percent of the state's total revenues come from the myriad taxes and fees generated by Wall Street.

And the national subprime lending crisis is forcing huge tax write-offs from losses by Citibank, Merrill Lynch and other major lenders and firms, he said.

Some marquee firms are talking about thousands of layoffs.

The housing slowdown in New York is also slowing down the statewide economy and cutting into tax revenues.

Further, consumer confidence will likely be hurt as New Yorkers see more of their neighbors lose their homes to foreclosure.

Thousands statewide can no longer afford their subprime, adjustable rate mortgage payment as interest rates rise.

For New Yorkers, the bad news still won't likely mean a state tax increase, which Gov. Eliot Spitzer and the Republican-led Senate already promised to avoid.

That's partly because the concern is over reduced growth in revenues, not a reduction of revenues.

But it could mean reduced state funding in areas that can quickly mean higher local taxes.

It can also mean reduced services that are dependent on state aid, including health care facilities.

Gloom has long been a tool for chief executives in crafting their budget proposal to the Legislature.

That's an early bargaining chip for governors in Albany's annual poker game with legislative leaders.

The result of the contentious bargaining is usually about $1 billion added to the governor's budget by the Legislature.

During the Pataki administration, the Republican governor would project the lowest level of revenues, the Democrat-led Assembly the highest, and the Republican-controlled Senate was usually closest to the final figure.

Francis maintains this isn't posturing.

He said revenues have exceeded projections every year over the last 12 years, except for the two fiscal years following the 2001 terrorist attacks.

"I think that has led to a kind of complacency that revenue will always be higher than the budget division's projections," Francis said.

"Unfortunately, this isn't one of those years."

------

On the Net:

http://www.state.ny.us

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

After looking at the set of photographs which accompanied the AP story in yesterday's on-line TU entitled "Feds strike ID deal over NY licenses" by DEVLIN BARRETT, Associated Press, last updated 5:12 p.m., Saturday, October 27, 2007, Spitzer looked anything but defeated ....

And in fact, I would say that Spitzer looked in that set of photographs like THE MASTER OF THE UNIVERSE ....

A "WORLD LEADER" in his own right, thanks to Chertoff's CAPITULATION to Spitzer yesterday on the specific issue of Spitzer making New York State into a harborage and safe haven for foreign nationals entering the United States of America illegally ....

Which CAPITULATION by Chertoff now sets New York State out from the other states of the former union as being a separate "NATION-STATE" on the world stage in its own right on a direct par with such other nation-states as Mexico, Mynmar, Sri Lanka, Indonesia, Thailand, China, South Korea, Germany, France and Saipan in the Mariana Islands ...

Eliot Spitzer has in fact scored a WORLD-CLASS COUP here ....

He has publicly won the right from the federal government of American President George W. Bush to advertise and make New York State into a safe haven for foreign nationals entering the soil of the United States of America illegally ....

AND THERE IS NOTHING AT ALL THAT MICHAEL CHERTOFF AND THE VAUNTED HOMELAND SECURITY OF THE UNITED STATES OF AMERICA CAN DO ABOUT IT!

ELIOT SPITZER HAS MADE FEDERAL IMMIGRATION LAW INOPERATIVE HERE IN NEW YORK WITH RESPECT TO HARBORING ILLEGAL ALIENS IN THE USA, JUST AS HE ADVERTISED TO ALL THE CANDID WORLD THAT HE WOULD ....

AND THANKS TO THE MIRACLE OF THE INTERNET, THE ENTIRE CANDID WORLD GOT TO SEE PHOTOS OF SPITZER, THE DOMINANT ONE, THE MASTER OF HIMSELF AND THE SITUATION, NEXT TO A COWED, WEAK, HUMBLE AND SUBMISSIVE MICHAEL CHERTOFF, BALD PATE SWEATING, WITH HIS HANDS IN THE AIR IN SURRENDER TO SPITZER, IN THE PAGES OF THE ELECTRONIC ALBANY TIMES UNION JUST YESTERDAY ....

And so ....

Talk about a picture being worth a thousand words ....

Those pictures spoke volumes to all the candid world about the true relationship between the ASCENDENT WORLD LEADER Eliot Spitzer, and the DECLINING FORTUNES of present-President George W. Bush, who is more and more weak and powerless with each passing day, as he is on his way out the door of the White House in Washington, headed to the political obscurity which awaits him as a failed and incompetent world leader ...

Who had Michael Chertoff make a very public admission to the candid world on behalf of Bush that Bush's HOMELAND SECURITY DEPARTMENT under Chertoff is ABSOLUTELY WORTHLESS to us here in America, because its DIRECTOR, Chertoff, has admitted that he is powerless against the onslaught of illegal immigrants coming into this country ....

SO SURRENDER!

PUT YOUR HANDS IN THE AIR, MICHEAL, LIKE YOU DID YESTERDAY, AND SURRENDER!

And since you did yesterday, today, you should follow that up by resigning ....

IF YOU CAN'T STOP ELIOT SPITZER FROM HARBORING FOREIGN NATIONALS IN THE USA ILLEGALLY, THEN YOU ARE WORTHLESS TO US HERE IN AMERICA ....

SO WE DON'T NEED YOU ...

And so ...

Posted by: John Galt | October 28, 2007 6:21 PM[/size]

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

D. Alien Smuggling Felonies under Immigration and Nationality Act Section 274(a)

Immigration and Nationality Act (INA) section 274 (Bringing in and Harboring Illegal Aliens) encompasses a range of crimes associated with illegal immigration under the rubric of "alien smuggling."

The four major crimes under section 274(a) of INA ('bringing in,' transporting, harboring, and 'inducing' illegal aliens) are described separately below.

Together they form a comprehensive definition of the federal crime of alien smuggling that prosecutors and police can use to attack the economic basis of illegal alien settlement in local jurisdictions, as well as related support activities, from the conspiracy and preparation stages in the sending country to illegal operations within the United States.

It is well established that "any person" is subject to criminal liability for section 274 felonies and that the term is to be construed broadly.

Section 274 clearly reaches public officials and government employees.

The courts have rejected claims that section 274 felonies apply only to professional smugglers or operators of sweatshops.

The crime typically thought of as alien smuggling, "bringing" illegal aliens to the United States, makes it a felony for any person to (i) knowingly bring to or attempt to bring (ii) an alien, regardless of immigration status, (iii) to the United States "in any manner whatsoever" (iv) at any place other than a designated port of entry.

A separate misdemeanor offense criminalizes bringing or attempting to bring an alien to the United States "knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to enter or reside in the United States" regardless of where or how the alien entered U.S. territory.

First, section 274(a)(1)(A)(iii) of INA makes it a felony for any person to (i) "conceal, harbor, or shelter from detection" (ii) any alien (iii) in any place, including any building or means of transportation, (iv) knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the U.S. in violation of law."

"Harboring" includes any conduct that tends to substantially help an alien to remain in the United States unlawfully.

There is no requirement that the felonious conduct be part of a process of smuggling aliens into United States or directly connected with an alien's illegal entry.

Providing housing for illegal aliens, assistance in obtaining employment, coaching aliens to claim legal status or to use a false name, and attempts to prevent detection by the authorities have all been held to constitute harboring.

The government does not need to show intent to evade federal immigration enforcement officials, but only that the defendant's conduct "tended directly or substantially to facilitate an alien's remaining in the United States in violation of law."

Taking actions that "facilitate" an alien's employment have been held to constitute acting "in reckless disregard" of a worker's illegal status.

Criminal liability for harboring or sheltering could arise from acceptance of a Mexican matricula consular - which, presented without proper immigration documents, is prima facie evidence of illegal alien status - by a local government agency that, for example, provided housing or utility assistance, made referrals to a public or private job assistance program, or detained matricula presenters for violation of city ordinances and released them without verifying their immigration status with the U.S. Immigration and Customs Enforcement.

Second, section 274(a)(1)(A)(ii) of INA makes it a felony for any person to (i) transport, move, or attempt to move (ii) an alien (iii) within the U.S. (iv) by means of transportation or otherwise (v) knowingly or recklessly disregarding the fact that the alien has come to, entered, or remains in violation of law and (vi) "in furtherance of such violation."

Intent to further the alien's presence in the U.S. is a required element, but may be established by indirect evidence.

An offer of employment plus voluntary transportation, or payment for transportation plus lodging or other arrangements, assistance in loading aliens into vehicles driven by other defendants, or providing one leg of an illegal alien's travel within the U.S. will satisfy the furtherance element.

Third, section 274(a)(1)(A)(iv) of INA makes it a felony for any person to (i) encourage or induce(ii) an alien (iii) to come to, enter or reside in the U.S. (iv) knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of law.

This statute is intended to criminalize a broad range of activities that assist illegal aliens in the United States.

"Encourage" means to knowingly instigate, help, or advise.

"Induce" means to knowingly bring on or about, to effect, cause, or influence an act or course of conduct.

"Encouraging" includes actions that permit illegal aliens "to be more confident that they could continue to reside with impunity in the United States," or actions that offer illegal aliens "a chance to stand equally with all other American citizens."

To prove that an official or employee of a Georgia state or local government "encouraged or induced" illegal Mexican aliens, all that a prosecuting party needs to establish is that such persons knowingly helped or advised the aliens.

U.S. v. He, 245 F.3d 954, at 957-59 (7th Cir. 2001).

Specific actions found to constitute encouraging include counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors or omissions.

The fact that the illegal alien may be a refugee fleeing persecution is not a defense to this felony, since U.S. law and the United Nations Protocol on Refugees both require that an alien claiming asylum must report to immigration authorities "without delay" upon entry to the U.S.

Fourth, it is a felony to conspire to commit any of the bringing in, harboring, sheltering, transporting, or encouraging felonies under section 274(a)(1)(A) of INA.

Indictments for section 274(a) of INA smuggling crimes can include conspiracy as a separate offense.

The three elements of criminal conspiracy are (i) an agreement by two or more persons to engage in illegal activity, (ii) an overt act by at least one person taken in furtherance of the agreement, and (iii) intent to commit the illegal activity.

Even if the conspiracy fails to achieve its aim, it is often punished separately and as severely as the single offender crime, because a group having some illegal purpose is more dangerous than an individual who has the same purpose.

The distinction between principals and accessories in alien smuggling crimes has been eliminated by the section 274(a)(1) of INA aiding and abetting statute.

Aiding and abetting an alien smuggling offense may apply to conduct before or after the alien has entered the U.S.

The statute allows conviction for an alien smuggling felony even if not all of the elements of the alien smuggling crime are proven.

Indictments for both an alien smuggling crime and for aiding and abetting that crime are permissible.

Defendants convicted of aiding and abetting or conspiracy to commit section 274(a)(1) of INA alien smuggling felonies are subject to the same fines and prison sentences imposed for the primary offenses.

Persons indicted for section 274(a) of INA criminal alien smuggling offenses may also be indicted under the generic federal aiding and abetting 124 or accessory after the fact statutes.

Generic aiding and abetting is not a lesser-included offense for a conviction under section 274(a)of INA, but is implicit in all alien smuggling indictments.

No policy or humanitarian argument has been identified by the courts that would negate the criminal mens rea of reckless disregard for the fact that aliens are present in the United States in violation of law.

Neither sanctuary nor humanitarian concern is a valid defense to either civil or criminal violations of the Immigration and Nationality Act.

It is illegal for non-profit, religious, or civic organizations to knowingly assist in the commission of an alien smuggling felony, regardless of claims that their members' convictions may require them to assist aliens.

The First Amendment does not protect actions that aid illegal aliens to remain in the United States.

Illegal aliens are not a suspect class entitled to Fourteenth Amendment-based strict scrutiny of any discriminatory classification based on that status, nor are they defined by an immutable characteristic, since their status is the product of conscious unlawful action.

Identity is not a constitutionally protected privacy right, and an illegal alien has no expectation of privacy from another person's knowledge of his or her immigration status.

University of the District of Columbia Law Review, Fall, 2004

8 D.C. L. Rev. 83 (32098 words)

IN THE AFTERMATH OF SEPTEMBER 11: DEFENDING CIVIL LIBERTIES IN THE NATION’S CAPITAL: The Treatment of Immigrants: THE CHIMERA AND THE COP: LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAW

Michael M. Hethmon, Staff Attorney, Federation for American Immigration Reform (FAIR). J.D., University of Maryland School of Law, M.I.M., Thunderbird Graduate School of International Management, B.A., UCLA.

Posted by: John Galt | October 25, 2007 5:09 PM

http://www.nydailynews.com/blogs/dailypoli...he_day_132.html

"Chertoff consulted on license plan - Gov. Spitzer said conversations with his old friend, the U.S. Homeland Security chief, spurred proposal"

By MICHAEL GORMLEY, Associated Press

First published: Monday, October 29, 2007

ALBANY -- Gov. Eliot Spitzer said Sunday that his new plan to make it easier for illegal immigrants to get driver's licenses while creating one of the most secure licenses in the nation is the result of conversations with an old friend, U.S. Homeland Security Secretary Michael Chertoff.

"There is enormous support from those who understand these are the objectives and these have been the objectives," Spitzer told The Associated Press.

"There is also opposition from fringe on the other side who simply don't want to give the immigrant community any rights."

Early reaction to the new plan found that it didn't satisfy Spitzer's critics and it may have angered immigrant advocates who supported Spitzer's original plan.

New York will create three types of driver's licenses: a traditional state license; an "enhanced driver's license" that will be as secure as a passport; and a license that meets new federal standards of the Real ID Act -- a national and secure identification that would make it much harder for terrorists to get licenses.

But the license will be marked that it is not proof of legal residency in the United States, and it could lead police and officials to suspect the holder may be an illegal immigrant.

"It's about time that Gov. Spitzer is understanding of the fact that giving licenses without the requirement of a Social Security number is flawed," said Republican state Sen. Martin Golden of Brooklyn.

But he said the Senate's Republican majority will still seek to alter Spitzer's plan to make sure illegal immigrants can't get any version of the license.

Spitzer said he has known Chertoff for more than 10 years, going back to Spitzer's life as a prosecutor and before, when Chertoff's wife went to Harvard Law School with Spitzer.

Spitzer said long, collegial conversations with Chertoff over several weeks led to the change in policy.

[Livyjr]

"Livyjr, can you give us an update as to what is going on down at the New York Daily News Daily Politics BLOG?"

"ARE PEOPLE STILL BEING BLOCKED FROM POSTING COMMENTS ON THAT BLOG, DO YOU KNOW?"

LIVYJR RESPONDS: As of this morning, yes, whatever problem exists down there still exists ....

We have been in communication with Elizabeth Benjamin, the person whose BLOG that is, and from what we can tell from her, this problem is beyond her control, and she has had no definitive answers herself from "management" as to what is going on down there ....

The collective thought right now is that someone(s) is trying to sabotage her BLOG by manipulating the filters to block out people trying to comment on her BLOG ...

Two days before communications went down, this following was posted on her BLOG:

Please slay the monster that is John Galt...

I'm begging you!

Posted by: Eric Hill, October 25, 2007 9:27 PM

http://www.nydailynews.com/blogs/dailypoli...#comment-203591

Whether some HACKER answered this call, or someone in the DN WEBMASTER answered it, we don't yet know ...

But right now, as it stands, the Daily News Daily Politics BLOG remains dead in the water as far as public access to make comments on matters of public importance to NYS citizens ....

And so ...

[Livyjr]

"Spitzer new driver's license plan safer, still controversial"

By MICHAEL GORMLEY, Associated Press

Last updated: 2:22 p.m., Sunday, October 28, 2007

ALBANY -- Gov. Eliot Spitzer said Sunday that his new plan to make it easier for illegal immigrants to get driver's licenses while creating one of the most secure licenses in the nation is the result of conversations with an old friend, U.S. Homeland Security Secretary Michael Chertoff.

"There is enormous support from those who understand these are the objectives and these have been the objectives," Spitzer told The Associated Press.

"There is also opposition from fringe on the other side who simply don't want to give the immigrant community any rights."

Spitzer's new plan is aimed at protecting the state's border with Canada from terrorism as well as easing cross-border economic growth of northern communities from Buffalo to Plattsburgh.

But early reaction found that it didn't satisfy Spitzer's critics and it may have angered immigrant advocates who supported Spitzer's original plan.

Under Spitzer's new administrative order, New York will be the fourth state to agree on federally approved secure licenses, following Arizona, Vermont and Washington.

New York will create three types of driver's licenses: a traditional state license; an "enhanced driver's license" that will be as secure as a passport; and a license that meets new federal standards of the Real ID Act -- a national and secure identification that would make it much harder for terrorists to get licenses.

But the license will be marked that it is not proof of legal residency in the U.S., and it could lead police and officials to suspect the holder may be an illegal immigrant.

"The plan we have created in conjunction with the federal government is one that accomplishes multiple objectives," Spitzer said.

"It's about time that Gov. Spitzer is understanding of the fact that giving licenses without the requirement of a Social Security Number is flawed," said Republican state Sen. Martin Golden of Brooklyn.

But he said the Senate's Republican majority will still seek to alter Spitzer's plan to make sure illegal immigrants can't get any version of the license.

"Regardless of it being a one- or two-tier system, the law requires Social Security Numbers to obtain a driver's license in New York State and can not be changed without legislative action," Golden said.

New York Conservative Party Chairman Michael Long agreed, saying Spitzer "still doesn't get it."

The advocacy group New Yorkers Against Driver's Licenses for Illegal Aliens also finds the new plan "fatally flawed" because illegal immigrants could still get a driver's license.

Spitzer had originally proposed no longer requiring a Social Security number for applicants and for those seeking renewals of driver's license.

Critics in Albany and nationwide argued that the plan would eliminate the U.S. residency requirement for a driver's license and allow illegal immigrants -- and terrorists among them -- to obtain an important document that could lead to other documents and access to targets.

Spitzer had argued he wanted to license the hundreds of thousands of illegal immigrants "living in the shadows" to make traffic safer, reduce auto insurance premiums by insuring more drivers, and bolster public security by identifying more immigrants.

He said he loses none of his objectives in the new plan.

But he also said he's unsure how many illegal immigrants will now seek licenses and said the reaction from the immigrant community to the plan is mixed.

The New York Immigration Coalition, which had applauded Spitzer's first plan, is outraged by the new policy.

The group says a tiered system will have a "devastating" impact on immigrants.

"I think the statement from the secretary of Homeland Security that we now have among the most secure license in the nation is important," Spitzer said.

"The first objective is security ..."

"It is perhaps stronger now that we have the acknowledgment of the director of Homeland Security."

Spitzer said he has known Chertoff for more than 10 years, going back to Spitzer's life as a prosecutor and before, when Chertoff's wife went to Harvard Law School with Spitzer.

Spitzer said long, collegial conversations with Chertoff over several weeks led to the change in policy.

That's something that wasn't happening in Albany, where Spitzer was pilloried by Republicans and some Democrats to the point that CNN commentator Lou Dobbs made the issue a nearly regular feature on his nightly program.

Spitzer's record-high poll numbers also tumbled as more than 70 percent of New Yorkers in a Siena College poll said they opposed giving licenses to illegal immigrants.

But Spitzer said his change of heart on this issue doesn't signal a new approach to policy and politics in Albany.

"This was a consequence of many conversations and much working back and forth on good issues," Spitzer said.

"At times we disagreed, but we worked our way through them."

"Gov. Spitzer is still not listening to the millions of New Yorkers, and their elected representatives from both sides of the aisle, who want him to pull the plug on his ill-advised plan, not just make some changes," said Senate Republican leader Joseph Bruno.

[Livyjr]

"Report: NY's Medicaid payments to doctors nearly last in nation"

By VALERIE BAUMAN, Associated Press

Last updated: 2:12 p.m., Sunday, October 28, 2007

ALBANY -- Dr. Nancy Gadziala believes everyone, no matter how poor, has a right to health care.

And her conviction is costing her.

A new report shows that while New York's Medicaid program is one of the richest for patients in the country, it's second to last when it comes to the amount it pays doctors and other health care providers.

That can be bad news not just for doctors who treat Medicaid patients, but for patients who may find limited Medicaid-paid care, especially in rural areas.

Since some Medicaid patients aren't able to see the same doctor with each visit, it can also be more likely that dangerous symptoms and health changes won't be spotted.

"There has to be a balance," Gadziala said.

"No one can provide an office and provide medical care and lose money constantly -- they just can't stay in practice."

While New York has generously spent more per Medicaid enrollee -- $7,500 -- than nearly every other state, it performed poorly when evaluated for payments to health care providers, according to the report by Public Citizen, a nonprofit interest group.

For example, at Gadziala's practice, Blue Cross Blue Shield reimburses $2,979 for a PET scan -- which is similar to an X-ray -- while Medicaid pays only $1,970.

For a CT scan of the sinus, Blue Cross Blue Shield reimburses $275, while Medicaid pays only $120.

A CT scan is a method of making multiple X-ray images and using a computer to construct cross sectional views from those images.

"It's a huge problem, because what happens is private physicians can't afford to see Medicaid patients," said Maxine Golub, senior vice president of the Planning and Development Institute for Urban Family Health.

The Spitzer administration on Thursday proposed an increase in the Medicaid reimbursements paid to doctors in the 2008-2009 budget.

The goal is to make it more financially attractive for more doctors to accept Medicaid patients.

The proposal is going to the Legislature.

Jeffrey Hammond, a spokesman for the Department of Health, said Medicaid patients in certain rural areas, particularly smaller communities upstate, were more likely than others to have difficulty accessing care.

The study found only New Jersey ranked lower than New York for reimbursing health care providers for the cost of Medicaid.

In particular, dental care, mental health care and specialists are the most difficult to access.

Gadziala is a partner with The Borg and Ide Group, a radiology and diagnostic imaging private practice in Rochester.

She said her group accepts Medicaid, even though the difference in compensation between that and private insurance can be dramatic.

Her practice sets no limits on the amount of Medicaid or Medicare patients they accept, but the cost is making some doctors think twice.

Some may decide to relocate to areas where more people have private insurance, or even leave the field.

"It's one of the pressures people feel about seeking early retirement," Gadziala said.

Nonetheless, health care "should be a basic right for everyone," she said.

New York scored big points in the Medicaid report for the quality of care, scope of services and eligibility.

Overall, the Public Citizen report ranked the state eighth in the nation.

Massachusetts topped the list, followed by Nebraska, Vermont, Alaska, Wisconsin, Rhode Island and Minnesota.

"The quality has actually improved and I think the coverage has improved," said Anne Erickson, executive director of the Empire Justice Center, a statewide, multi-issue nonprofit law firm helping poor and low income families.

"It's just really doing what I think Medicaid should be doing."

Mississippi ranked the lowest overall for Medicaid programs, followed by Idaho, Texas, Oklahoma, South Dakota, Indiana, South Carolina and Colorado.

New York spends heavily on Medicaid -- $40.7 billion is projected for fiscal year 2007-2008, about 34 percent of the total state budget, according to the Department of Health.

State law sets the reimbursement rates.

Medicaid spending in New York increased by 42 percent between 2000 and 2005, and enrollment including the family health plus program grew by 54 percent during the same period, Hammond said.

New York state Medicaid serves 4.1 million people.

The study was limited because it only looked at payments made under fee-for-service systems, Erickson said.

Those plans pay per visit to the hospital, unlike managed care systems that pay a monthly fee.

Nonetheless, low reimbursement is an important issue in New York that should be evaluated, she said.

New York Medicaid is expensive because of expansive eligibility and because the state has a robust benefit package, said Denise Soffel, coordinator for Medicaid Matters New York.

"There are services covered here in New York that are not covered in other places," she said.

"I would argue that that's a strength of our program, but it does make it more expensive."

------

On the Net:

Public Citizen: http://www.citizen.org

Empire Justice Center: http://www.empirejustice.org/

NYS Department of Health: http://www.health.state.ny.us/

[Livyjr]

"HEY, KID!"

"C'MERE, KID!"

"HOW'D YA LIKE TO BE A MILLIONAIRE, KID?"

"HERE, KID!"

"HERE'S A LOTTERY TICKET, COURTESY OF THE STATE OF NEW YORK!"

"MAKE YOURSELF A MILLION, KID, YOU'LL BE THE ENVY OF YOUR NEIGHBORHOOD!"

And so ...

"Allure of gambling hooks 1 youth in 5 - Number of adolescents with betting problems called an 'epidemic'"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Friday, October 26, 2007

ALBANY -- Almost 300,000 New York adolescents -- one out of every five youths in grades 7 through 12 -- have gambling problems, according to a state study.

The findings, detailed in a report by the Office of Alcoholism and Substance Abuse Services, concludes that an alarming number of kids are gambling addicts or are betting so frequently they are "at risk."

"Twenty percent is an epidemic," said James Maney, executive director of the New York Council on Problem Gambling.

"If it were 20 percent of our kids had cancer, or 20 percent of our kids had a learning disability, or 20 percent of our kids have a drinking problem, it would be front page news all the time."

The OASAS report, disclosed by Commissioner Karen Carpenter-Palumbo during a budget hearing Thursday, comes as the agency is calling for funding for continued prevention programs and more research on how and why people gamble.

The report is based on surveys of young people from the spring of 2006.

OASAS staff trained school personnel at 49 randomly chosen public and private schools, allowing young people to submit anonymous responses to questionnaires.

Two of the schools were in the Capital Region, but OASAS would not reveal which ones.

Of the 5,800 students surveyed about gambling behavior, key findings emerged:

10.1 percent of those surveyed are pathological -- they said yes to at least two of the 14 questions, such as, "Have you lied about your gambling?" or "Have you committed illegal acts to gain gambling money?"

That works out to 141,055 youths statewide.

10 percent, or 139,137 statewide, are considered at risk because they answered yes to at least one of the questions.

Of the pathological young people who gambled at least 20 days in the past year, most played cards -- 33 percent -- compared with 28 percent betting on their own games, such as a bowling outing and other games of skill.

Also, 24 percent said they rolled dice; 22 percent bet on sporting events; and 19 percent played Lottery games.

Maney said he isn't surprised by the findings, because he often visits middle schools to discuss gambling issues and finds that betting is widely accepted.

"I ask how many kids are drinking; not one kid raises their hand because they're fearful of saying they drink."

"But when I ask how many kids gamble, every hand goes up, because they're proud of it," he said.

How youngsters can play Lottery games when Lottery tickets are supposed to be sold only to those 18 and over is a "good question," said Dianne W. Henk, OASAS' communications director.

Carpenter-Palumbo said the Division of the Lottery has provided $500,000 to help OASAS pay for public service announcements and radio spots to discourage underage gambling.

OASAS plans to expand its problem gambling prevention program and consolidate its addiction and gambling help lines, she said, adding that the full report on underage gambling will be released at a conference on problem gambling Nov. 7-8 in Hauppauge, Suffolk County.

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.

[Livyjr]

"Owens Corning to lay off up to 160 people"

By LARRY RULISON Business reporter, Albany, New York Times Union

Last updated: 1:10 p.m., Monday, October 29, 2007

Owens Corning in Bethlehem says that it could lay off 140 to 160 workers in the near future.

The facility, which makes insulation, will shut down one production line, said spokesman Jason Saragian.

The layoffs are being blamed on weakening demand for building materials in the United States.

[Livyjr]

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

ITEM: A pair of western NY county clerks, first noted in the Buffalo News, say they will report illegal immigrants seeking licenses to law enforcement.

JOHN GALT RESPONDS: As well they should …

SINCE THAT IS WHAT THE EXISTING LAW IN THE UNITED STATES OF AMERICA REQUIRES THEM TO DO, DICTATOR ELIOT SPITZER’S VIEWS THAT HE CAN SET ASIDE FEDERAL LAW HERE IN NYS, NOTWITHSTANDING …

And with that said, as an American citizen residing in NYS, I would like to call on Hillary Clinton to be a lot more forthcoming about her own position in this matter of giving NYS driver’s licenses to foreign nationals not in this country lawfully, in light of Hillary Clinton’s present position as an elected federal official here in NYS …

In a prior statement, Hillary Clinton is alleged to have said Spitzer’s plan made sense ….

But she never indicated how that might be ….

AND IN LIGHT OF EXISTING FEDERAL LAW, WHICH HILLARY CLINTON SHOULD BE AN EXPERT AT, GIVEN THAT SHE IS A LAWYER, A U.S. SENATOR AND A PRESIDENTIAL CANDIDATE, CAN SPITZER’S PLAN TO GIVE AID AND COMFORT TO FOREIGN NATIONALS NOT IN THIS COUNTRY LAWFULLY REALLY BE SAID TO MAKE SENSE?

OR DOES IT ENCOURAGE CONTEMPT FOR THE LAW, HERE IN NYS?

AND DOES IT PLACE NYS MOTOR VEHICLES CLERKS IN JEOPARDY OF VIOLATING FEDERAL LAW WITH RESPECT TO HARBORING OR INDUCING ILLEGAL ALIENS?

"NY Senators mum on Spitzer's ID plan for immigrants"

By DEVLIN BARRETT, Associated Press

Last updated: 5:43 p.m., Monday, October 29, 2007

WASHINGTON -- New York's plan to create three types of driver's licenses, including one for illegal immigrants, has everyone talking -- everyone except the state's Democratic senators, Hillary Rodham Clinton and Charles Schumer.

New York Gov. Eliot Spitzer, a fellow Democrat, announced over the weekend that he had struck a deal with federal homeland security officials to create a three-tiered state system of licenses.

In doing so, New York agreed to adopt Bush administration goals on tighter identification security, but Spitzer stuck to his much-criticized plan to allow illegal immigrants to get licenses.

The license debate, hard-wired to issues like immigration, terrorism, and civil liberties, may simply be too radioactive for either a presidential candidate like Clinton or a powerful senator like Schumer.

For years, Clinton and Schumer seemingly couldn't stop talking about the government's looming border ID rules.

Now it's different.

"She's running for president, and this is a land-mine no matter what you do," said Doug Muzzio, a professor of politics at Baruch College in New York.

"The best strategy for her is to do what she's doing: keep quiet, because whatever you said, you will tick off constituencies, whether it's in the primary or the general election."

For Schumer, the danger is less obvious, but still very real to the third-ranking Democrat in the U.S. Senate.

Also, Spitzer's popularity among New York voters is sinking fast, lashed to the political dead weight of his license plan.

"Spitzer himself has become toxic," said Muzzio.

"It's not only the message, it's the messenger."

Under Spitzer's plan, one card which will be as secure as a passport and would be valid to get the user across the Canadian border, another will be good enough for domestic air travel, and a third won't be acceptable for air travel but will be available to illegal immigrants and others.

"The plan we put forth makes perfect sense," Spitzer said in a teleconference from Portugal while attending an environmental conference of government leaders.

"This is the structure that squares security, maximizes participation, and permits law enforcement to know who in the state is driving, and that is the series of objectives we laid out."

Sen. Clinton has spent years urging the Bush administration to scale back plans to require passports to cross the U.S. border into Canada, saying that would be too costly and cumbersome for communities like Buffalo.

She has also rejected the suggestion that better driver's licenses could be used instead, noting they wouldn't be available to children.

On Monday, her spokesman Philippe Reines said she continues to review Spitzer's plan.

"Sen. Clinton strongly believes that a federal solution is needed to our immigration crisis," said Reines.

"She is still studying the governor's most recent proposal, but understands the impetus behind his plan -- that federal inaction on comprehensive immigration reform has created conditions where states feel compelled to act on their own."

The usually loquacious Schumer was even more cautious.

His spokesman did not immediately comment Monday on the license plan.

Spitzer has yet to say how much the various licenses will cost the average driver.

Currently, a license renewal costs $50 in New York state.

Aides to the governor said it is too early to say how much more an air travel-valid ID, usually called a "Real ID" license, would cost.

They expect a border-crossing driver's license, called an "enhanced driver's license" to cost about $20 above the regular license price.

That would be a significant discount from the previous cost estimate put on border passcards, which Washington had estimated would cost $35 for children and $45 for adults.

A new passport now costs about $100.

In striking the deal with Homeland Security Secretary Michael Chertoff, both sides stuck to some dearly held positions, and capitulated on others.

Spitzer got to keep his plan to offer driver's licenses to illegal immigrants, although he agreed to have such licenses clearly marked as not valid federal ID.

Homeland Security officials backed off past resistance to allowing driver's licenses to cross the border when the new rule goes into effect next year.

------

Associated Press Writer Mike Gormley in Albany, N.Y., contributed to this report.

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

"A Note From Liz"

An update re: Ongoing technical difficulties ...

I checked in on the commenting situation earlier today and was told by the techies that it was working at that moment.

However, whatever was causing people to be falsely told they had been blocked has not been diagnosed.

So, if you continue to have problems, please let me know.

Thanks for your patience.

Posted by Elizabeth Benjamin on October 29, 2007 1:41 PM

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

[Livyjr]

"Downs, ups of house market - Sales drop in region, but realty agents say rising prices are positive sign"

By CHRIS CHURCHILL, Business writer, Albany, New York Times Union

First published: Tuesday, October 30, 2007

The pace of home sales in the Capital Region fell dramatically in September, according to statistics released Monday.

But homeowners looking for bargains may be disappointed: Median sale prices rose during the month.

Most counties saw a staggering drop in the number of homes sold, compared to the same month a year ago.

Schenectady County saw the steepest drop, with sales of single-family homes falling 40 percent.

The numbers from the Greater Capital Association of Realtors Inc. hammer home the continuing slowdown of the area's housing market: The Colonie-based trade association said Monday the pace of home sales is the slowest here since 2002.

But James Ader, the association's chief executive, said Realtors and homeowners alike can take solace in the fact that housing prices are not sliding.

During the year's first nine months, the median sale price in Saratoga County climbed 13 percent, the region's biggest increase.

In Albany County, the year-to-date price has risen 3 percent.

Rensselaer and Schenectady counties saw rises of 2 percent and 4 percent, respectively.

Realtors said the increases show the stability of the market here and are in contrast to the national picture.

"If the prices were really plummeting, you'd have concern that the market was in a free-fall," said Robert Blackman, vice president at RealtyUSA and a longtime local Realtor.

The numbers released Monday show a far larger drop in home sales than those released last week by the New York State Association of Realtors.

That group reported a 22 percent drop in Schenectady County sales, for example, rather than the 40 percent drop reported by the Capital Region association.

But the statewide group includes only existing homes in its report, while the local group includes new and existing homes.

And when the state association released the numbers, it said they were preliminary.

Most Realtors agree new homes are a particularly soft part of the market.

That's because new homes tend to be more expensive, and home builders are less willing to negotiate down the price of a home.

Also, Realtors noted that new homes tend to have higher property tax assessments, another downside for buyers.

Despite Monday's rather grim statistics, Realtors say the housing market in the Capital Region is healthy.

They stress that the decline is from years of red-hot sales.

"If you price a house right, it will still sell," said Anthony Gucciardo, a Realtor in Latham.

"It's all about the pricing."

Still, Gucciardo said the slowing market is taking a toll on some Realtors, especially young agents who entered the industry in recent years.

"A lot of them have left the business," he said.

"It's unfortunate, but I go into restaurants and I see them waiting tables."

Chris Churchill can be reached at 454-5442 or by e-mail at cchurchill@timesunion.com.

Rise and fall

Homes sold in September dropped across the Capital Region, as prices mostly climbed

County///Sept. 07///Sept. 06///% change///median sale price///% change from Sept. 2006

Albany///192///244///-21%///$193,000///+1%

Rensselaer///92///130///-29%///$184,200///+10%

Saratoga///199///263///-24%///$265,000///+9%

Schenectady///113///189///-40%///$159,000///+1%

Source: Greater Capital Association of Realtors Inc.

[Livyjr]

"All politics not necessarily local - Despite conventional wisdom, state and national issues color voters' views"

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

First published: Tuesday, October 30, 2007

There's a trickle-down effect in this year's local races and candidates aren't quite sure how to handle the phenomenon.

It starts at the top, with Gov. Eliot Spitzer's controversial plan to issue driver's licenses to illegal immigrants.

With polls showing some 72 percent of New Yorkers opposing the Democratic governor's plan, Republicans are hoping the backlash will help them compete on the local level, as they try to link Democrats seeking town and county offices with the governor.

While it's unclear how effective that strategy will be, it represents the latest example of a long-term trend of statewide and national issues filtering down to the local level.

That was apparent last year, when Democrats took control of the U.S. House of Representatives and Senate, as well as a majority of governorships, amid widespread discontent with how the Bush Administration was doing in Iraq.

The Iraq War still comes up even in local races, said David Bosworth, co-chairman of the Albany County Democrats and an incumbent seeking re-election to the Guilderland Town Board.

As he knocks on doors, Bosworth said, the first question many voters have is: "Where do you stand on the war and where do you stand on Hillary?"

No matter that a single town board member has little impact on either Iraq or who runs for president: Voters are thinking about those big issues.

Adding to that mix has been Spitzer's driver's license plan.

Local races are at least being colored by anger over the plan.

Spitzer's plan, announced in September, initially sparked an outcry among Republicans, but as local Democrats grasped the extent of anger over the plan, they, too, joined in the condemnation.

Spitzer sought to defuse the tension on Saturday, unveiling a three-tier plan that would differentiate between licenses available to U.S. citizens and others.

But it still includes a class of licenses for illegal immigrants, and the uproar has intensified.

Republicans remain opposed, and immigrant groups and civil libertarians are angry over what they view as a watering-down of the concept.

The issue has led to various political scenarios:

In Schenectady, after some initial hesitation by the Democrat-controlled County Legislature, two Democratic candidates, Robert Godlewski and Anthony Jasenski, have mailed petitions people can sign opposing the license plan.

The rest of the legislature's Democratic delegation has also spoken against the plan.

Bill Sherman, chief of staff to Schenectady Assemblyman James Tedisco, and a player in county politics, said the mailers initially went to Republicans.

"It's a classic Democratic attempt to take the issue away from us," said Sherman, who has previously run for County Legislature.

And Carolina Lazzari, a Republican candidate for County Legislature, has been reminding voters that the license plan came from a Democrat.

"Everywhere I go people are upset," she said.

In Erie County, Democratic Clerk Kathleen Hochul, who Spitzer appointed after her predecessor, David Swarts, was tapped as state motor vehicles commissioner, is working with her Republican counterpart in Niagara County on a system to have illegal aliens arrested and deported if they come in for licenses.

While Spitzer said it had no bearing on his announcement to create a three-tier system, observers wonder if it triggered his change.

Suffolk County, Long Island, candidates in both parties have been railing against the plan.

"All of our candidates made it very clear that they oppose the governor's proposal," said county Democratic Committee Chairman Richard Schaffer.

"It's the litmus test," agreed Suffolk Republican Chairman Harry Withers.

How voters will react, however, is a matter of debate.

"It's sort of a politically tone-deaf thing for the governor to do before the election, but I don't think it matters for most people," said Tim Hunter, a Democrat running for Ulster County Legislature.

When he campaigns, he hears people complaining about pocketbook issues like the economy and rising property taxes.

Moreover, some counties, including Schenectady and Erie, have such large Democratic majorities that the balance of power would be hard to change on one issue.

In Schenectady, for instance, Democrats maintain an 11-4 edge.

Democratic County Clerk John Woodward, is unopposed and can thus support the plan with little immediate consequence.

Sherman doesn't expect Republicans to take power in Schenectady, but they do hope to make a dent.

"Every seat helps because it's the farm team for the state Assembly and Senate," he said.

Suffolk County, where Democrats have a 10-8 edge in the County Legislature, could see a real contest.

That close margin may have sparked resentment among local Democrats over what they say was a poorly timed and ill-considered announcement from Spitzer.

"It shows a complete lack of consideration because even if he is serious about the proposal, it was not vetted correctly," complained Schaffer.

"Politics 101 says you send all of your assistants or department heads out to visit with county clerks, community groups, police departments and security people and you vet the proposal."

"None of that was done."

Other local politicians, who are feeling a bit whipsawed by the whole driver's license issue, agree Spitzer's timing was bad.

"Any time an issue is raised after Labor Day and before the elections, the Republicans have a chance to exploit it," said Erie County Democratic Chairman Len Lenihan.

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

[Livyjr]

"Supervisor's budget called illegal - Challenger says North Greenbush incumbent hid a $300,000 deficit"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

First published: Tuesday, October 30, 2007

NORTH GREENBUSH -- The incumbent supervisor's political challenger is alleging that the town leader hid a more than $300,000 town deficit in order to craft an election year town budget that may show a slight tax decrease.

Joshua A. Sabo, the current town attorney who is running for supervisor on the Greenbush Party line, said Monday that Conservative Supervisor Mark A. Evers' budget is illegal.

"Last week, the supervisor justified the fact that his budget shows a starting fund balance of zero instead of being in the red by hundreds of thousands of dollars by claiming that he took fund balance surpluses that our water and sewer districts had in 2002-2005 to balance the budget," Sabo said.

"In my role as town attorney, I contacted the state comptroller's office to see whether such a move is legal."

Sabo said the state told him the move was not legal, but the comptroller's office refused to verify that claim or comment on the matter Monday.

Evers countered saying Sabo is wrong.

"We can go back and make prior year adjustments to balance a current budget," Ever said.

The allegations came on the eve of a public hearing on the $9,959,345 2008 budget that was held Monday night in Town Hall on Main Avenue, Wynantskill.

At that hearing, resident Charles Smith challenged Evers by demanding to know what the town's deficit is this year, and, if it's been erased, how.

Town Council member Richard Fennelly asked Evers to provide that information in writing by next week.

Evers said figures representing the town's actual expenditures through September will be available next week, and will give an idea of whether the town is running a deficit or surplus.

The budget has a tax decrease of 12 cents per $1,000 of assessed valuation, making the total general fund and highway bill $10.85 per $1,000 of assessed valuation.

A resident with a home assessed at $40,000 will see about $4.80 less in their bill than in 2007.

Evers said that as officials were crafting the 2008 budget, they discovered a $334,000 deficit.

"We also noted that the utility taxing districts for several years had not been paying their obligations back into the general fund," Evers said.

Water, sewer and lighting districts in town are separate taxing districts from the general fund, but use general town services such as Town Hall and garages in their daily operations.

As such, the utilities are required to contribute to the town's general fund every year.

Evers said officials adjusted the books retroactively to 2003 to note those contributions in the 2008 plan which helped eliminate the deficit.

It has been a contentious election year in the town, with legal maneuverings and infighting within both the Democrat and Republican parties leading to an extended slate of candidates with cross endorsements everywhere.

In an 11th-hour move, some candidates who felt they were sidelined decided to form a new party, the Greenbush Party, and field a slate of candidates resulting in seven people on the ballot for two four-year council seats.

Staff writer Dan Higgins contributed to this report.

[Livyjr]

"Republicans rally against Spitzer's latest driver's license plan"

By MICHAEL GORMLEY, Associated Press

Last updated: 5:13 p.m., Wednesday, October 31, 2007

ALBANY -- Senate Republicans promised Wednesday to delay or derail Gov. Eliot Spitzer's new plan to make it easier to issue driver's licenses to illegal immigrants.

Meanwhile, Republicans in the Assembly's minority said they will file a lawsuit Thursday to stop Spitzer's "illegal plan," which was announced Saturday.

Assembly Republican leader James Tedisco of Schenectady said it would "make our state and nation a less secure, less safe place."

While the GOP-led Senate said it will continue trying to block the license program through legislation, and may deny funds in the 2008-09 budget, the Democrat-led Assembly has no plans to oppose the Democratic governor's plan.

Republican senators had just as many objections to the new plan for three levels of licensing as they did to a single-license plan announced in September, but their latest arguments focused on national security.

"I don't like options when it comes to security of the state and of this nation," said Sen. Martin Golden, a Brooklyn Republican.

"We're not talking about immigrants."

"Immigrants built this nation and continue to build this nation."

"We are talking about illegal aliens ... nobody is going to take the terrorist aspect of this lightly."

"Sen., I don't want you to put words in my mouth," said state motor vehicles Commissioner David Swarts after three hours of questioning.

"I am as concerned about the security of this nation as you are ... we are going to make it better."

The issue was also part of Tuesday night's presidential debate.

Democratic Sen. Hillary Rodham Clinton said giving licenses to illegal immigrants "makes a lot of sense," but she made it clear she wasn't endorsing the idea.

Instead, she said immigration is a federal problem Washington has failed to fix.

State Republican Chairman Joseph Mondello pounced on that Wednesday:

"Is Hillary Clinton's response indicative of an inability to make clear decisions on vital issues?"

"And, is she is capable of decisively functioning, during an era of great international turmoil, at the President's desk where the buck stops?"

"I think what you saw across the board was an agreement that the issue we're facing, we're facing because of a failed federal policy," Spitzer said in response to Clinton's comment.

"The consequence of that is that I as a governor, I have a very real issue I have to confront."

The new license plan worked out with federal homeland security officials will offer three types of driver's licenses in 2008, based on New Yorkers' needs.

It will also create what the federal officials said will be one of the most secure licenses in the country.

New anti-fraud scanners will detect bogus documents and verify foreign passports, Swarts said.

"We will have three separate and secure licenses all used for different purposes -- one to cross the New York-Canadian border, one to fly on planes domestically and one for driving and identity purposes," Swarts said at the second Senate hearing on the issue.

Without it, federal regulations would soon require New Yorkers to get passports, costing about $100, to board planes and enter federal buildings.

"This is what the federal government has mandated," Swarts said.

"New York's current license will eventually serve both undocumented immigrants and lawful residents."

In Wednesday's debate, GOP senators criticized the department's plan to withhold data on suspected illegal immigrants from police and federal officials without a court order.

Swarts said the department arrested 900 people last year for trying to use fraudulent records.

He said 500 have been arrested so far in the Spitzer administration's first year and arrests are made if a document is immediately determined to be fraudulent.

If there is a question -- such as if the passport or other document is torn -- it is confiscated and evaluated, with the applicant allowed to leave until there is a decision to prosecute.

Applicants trying to get a license without traditional documents or a foreign passport will be turned away.

They will not be reported to DMV investigators, federal agencies that have replaced the Immigrant and Naturalization Service, or police, Swarts said.

"You don't feel an obligation, sir?" said Sen. Thomas Libous, a Broome County Republican.

"I'm not an INS officer," Swarts said.

------

Associated Press Writer Valerie Bauman contributed to this report from Schenectady.

[Livyjr]

"Spitzer under fire changes administration"

By MICHAEL GORMLEY, Associated Press

Last updated: 4:43 p.m., Thursday, November 1, 2007

ALBANY -- Gov. Eliot Spitzer, criticized for his policies and scandal from Republicans and some Democrats, is changing his 10-month old administration.

Spitzer is appointing Bruce Gyory, an attorney with a major Albany lobbying firm, as senior adviser.

Gyory was deputy appointments officer under former Gov. Hugh Carey, a longtime supporter and Spitzer confidant.

Gyory will be paid $168,000.

Gyory will report to Rich Baum, secretary to the governor, according to Anderson.

Spitzer is also promoting press secretary Christine Anderson to director of communications.

She will fill the void created when longtime aide, Darren Dopp, left the senior position amid scandal.

She will be paid $175,000.

Spitzer is also promoting former Newsday capitol bureau chief Errol Cockfield Jr. to press secretary.

Cockfield left the Long Island newspaper this year to be the spokesman for the Empire State Development Corp., part of state government.

He will be paid $150,000.

The administration came into office Jan. 1 with record high popularity, but quickly was snared in conflict and scandal with the Legislature that Spitzer had vowed to tame as part of his reform of Albany.

The latest statewide polls also show some decline in his once lofty numbers.

Two officials close to Spitzer said former Assembly Majority Leader James Tallon of Binghamton has been counseling Spitzer and his top aides in recent months.

Tallon represented the southern tier for 19 years and is respected by fellow Democrats and Republicans, an increasing rarity in Albany.

He has been a state Regent since 2002 and is president of the United Hospital Fund of New York.

Anderson confirmed that Tallon confers with Spitzer regularly as a "close outside adviser."

Gyory has worked in the Hinman, Straub law firm, a major lobbying firm in Albany.

Since 1983 he worked there in government relations and administrative law.

Anderson replaces Dopp, who has served as Spitzer's director of communications through eight years as attorney general and in his first six months as governor.

Anderson was Spitzer's campaign spokeswoman last year.

She was a deputy press secretary on the Kerry-Edwards presidential campaign and had worked as a producer for ABC's "Good Morning America."

Senate Republican leader Joseph Bruno has accused Dopp and another Spitzer aide of using state police to track his travels when using state aircraft on days he mixed meetings with lobbyists and GOP fundraisers in Manhattan.

Attorney General Andrew Cuomo's review found Dopp and the other aide, William Howard, acted improperly in compiling and re-creating travel records for release to a newspaper report who requested them.

Spitzer temporarily suspended Dopp without pay and demoted Howard in July.

A September review by Albany County District Attorney P. David Soares, however, found no misconduct nor any evidence of a plot to smear Bruno.

Dopp has since left the administration to work as a public relations executive for the former top aide of Democratic Assembly Speaker Sheldon Silver.

The state Public Integrity Commission continues to investigate.

After a fast start with some landmark reforms in budget writing, ethics and business regulations, Spitzer has been in conflict with the Legislature over selection of a new comptroller and several policy issues.

On Thursday, the Assembly's Republican minority sued Spitzer to stop him from implementing a policy that would make it easier for illegal immigrants to get driver's licenses.

The Republican-led Senate is trying to block Spitzer's policy through legislation.

[Livyjr]

"Big hitch in Spitzer promises - Money not a sure thing for big-ticket projects in struggling upstate cities"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Thursday, November 1, 2007

ALBANY -- The millions of dollars Gov. Eliot Spitzer is promising as he unveils big-ticket economic development projects for struggling upstate cities has one hitch: the money is not a sure thing.

The state does have the $5 million Spitzer pledged to General Electric on Wednesday, but in other cases, he still needs to negotiate the funds with the Legislature.

That includes, said Budget Director Paul Francis, $50 million Spitzer promised earlier this month to help redevelop Rochester's Midtown Plaza and $20 million for Syracuse's "Connective Corridor" project.

Negotiations to complete that deal have been stalled, Francis said.

The projects are tied up in a package of at least $900 million proposed to be split among the Senate, Assembly and Spitzer for economic development.

A tentative agreement fell apart in June before the Legislature broke for the summer.

At the time, Spitzer called Senate Republican capital project proposals pork "dripping with fat."

And talks since then have been nearly nonexistent, Capitol officials say.

Spitzer, who estimates he's got a $4.3 billion deficit to fill heading into the new fiscal year, may not know for sure if he'll be able to deliver the economic development funds until the conclusion of the 2008-2009 budget.

That budget is unlikely to be put together with the Legislature before March 31.

"I'm concerned about what that deficit could mean for economic development," said Brian McMahon, president of the New York State Economic Development Council.

He said he hopes a capital deal comes together by the end of the year.

Sisa Moyo, a spokeswoman for Assembly Speaker Sheldon Silver, said the $20 million for Syracuse's project is supposed to be split between the governor and Assembly.

"Both are contingent upon a capital deal," she said.

She had no update on talks on capital projects but said one of Silver's priorities is to fund the Connective Corridor in Syracuse.

The project involves developing a transit system connected to Syracuse's major educational and medical institutions with arts and cultural organizations, and businesses downtown.

In fact sheets accompanying the news releases, the governor said state funding for that project and Rochester's depends on "legislative negotiations."

Spitzer would need a lot more to achieve his economic development vision.

The chiefs of the state Empire State Development Corp., for example, want to set up an Investment Opportunity Fund that would provide grants to help projects of at least $20 million in value.

The strategic plan calls for the state to invest no more than 25 percent toward such projects, but the fund must be part of the state budget negotiated with the Legislature.

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.

[Livyjr]

"Reassigning issue's origin - DMV chief says driver's license challenge inherited from Pataki administration"

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

First published: Thursday, November 1, 2007

ALBANY -- As Republican senators on Wednesday kept up their criticism of Gov. Eliot Spitzer's plan to grant driver's licenses to illegal immigrants, Department of Motor Vehicles Commissioner David Swarts told them the issue predates this administration.

"We inherited a complex tangle of ... security challenges," Swarts said at a Senate hearing Wednesday that focused on anti-fraud technology the state plans to use to scan license applicants' photographs and authenticate their identifications.

Among the challenges, Swarts said, were federal mandates for more secure driver's licenses, an issue that was on the horizon during the Pataki administration.

"It would have been nice if the administration in 2006 had made this technology available to us," he said.

Swarts' testimony came as civil libertarians said they were concerned that the state chose Harlem and the Bronx to test the technology for detecting fraudulent documents.

"The guinea pigs for this massive tracking system are going to be, overwhelmingly, people of color -- African-Americans and Hispanics," said Donna Lieberman, executive director of the New York Civil Liberties Union.

DMV has been testing the machines in those locations for two years, officials said this week.

Both Harlem and the Bronx have large black and Hispanic populations.

Under Spitzer's new plan, Lieberman said, documents submitted to get a driver's license, such as birth certificates and passports, will be kept on file for eight years.

That, she said, raises privacy concerns, which are compounded by the fact that under the federal Real ID proposal, other states would be able to access some of that data, too.

Associate DMV Commissioner Gail Tyner-Taylor said the machines were tested between 2005 and 2006 under the Pataki administration, and the Bronx and Harlem were chosen because they have high volumes of first-time license applicants.

Discussion of Real ID loomed large during Wednesday's morning-long hearing.

Among the questions to Swarts was whether county clerks have the ability to securely store the machines, and if the added duties will mean longer lines at DMV offices, which in most areas of the state are run by local county clerks.

"They are quite busy as they are currently configured," said Sen. Vincent Liebell, R-Patterson.

"You are asking these same clerks to pick up an additional task."

"Don't underestimate the ability of county clerks and their employees to learn how to do complicated things," replied Swarts, a former Erie County clerk.

Last month, Spitzer said driver licenses would be issued to illegal aliens, sparking a statewide outcry.

Then, over the weekend, he unveiled a three-track plan with a "basic" license available to illegal immigrants, an "enhanced" document that would be available to citizens and allow them to cross borders without a passport, and a Real ID license that would include verification with a Social Security number.

Under the Real ID plan, states by 2013 will have to offer licenses that meet federal standards.

Without those licenses, people would need a passport to board planes and enter federal buildings.

In other developments on Wednesday, Assembly Minority Leader James Tedisco said he had put the finishing touches on a lawsuit he intends to file against the Spitzer administration today, contending Legislative approval is needed to change driver's license rules.

Washington, D.C.-based Judicial Watch, which describes itself as a conservative public interest group, also said it would file a lawsuit against Spitzer, Swarts and the DMV in state Supreme Court in Suffolk County.

It says the state must require a Social Security number -- which illegal immigrants can't get -- and that the policy has caused illegal and unconstitutional uses of state funds.

It also says Legislative approval is needed.

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