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

[Livyjr]

The related caudillismo is a cultural phenomenon that first appeared during the early 19th century in revolutionary South America, as a type of militia leader with a charismatic personality and enough of a populist program of generic future reforms to gain broad sympathy, at least at the outset, among the common people.

Effective caudillismo depends on a personality cult.

Typically, the caudillos took it upon themselves to attain power over society and place themselves as its leader.

Caudillos were capable of commanding large numbers of people and holding the attention of large crowds with growing excitement.

In the late Roman Republic men like Gaius Marius, Julius Caesar and Octavian were populist commanders who had strong personal ties with their soldiers, and imagery of revived Roman values is often brought to bear in support of caudillismo.

Retrieved from "http://en.wikipedia.org/wiki/Caudillo"

"State spending tracks motto, 'Excelsior' or always upward"

By MARC HUMBERT, Associated Press

Last updated: 12:22 p.m., Saturday, February 3, 2007

ALBANY -- The Spitzer budget proposal, with its call for a hefty increase in spending, caught some observers by surprise, given the message he had been sending out as he had called for overhauling the state's education and health care systems.

"And because we cannot make any of these changes without making hard choices, now is the time to rein in spending and exhibit fiscal restraint, so we can afford these long-term investments for our future," he had said in his State of the State address to the Legislature in early January.

Some heard a different message Wednesday.

Under a "Gov. George E. Spitzer" headline, the New York Post editorialized Thursday that "judging from the triple-the-rate-of-inflation spending hikes Gov. Spitzer proposed in his initial budget yesterday ... George E. Pataki might just as well have been starting a fourth term."

In an accompanying op-ed piece for the newspaper, a senior fiscal analyst with the conservative Manhattan Institute noted, however, that even the former governor never started from such a position of largess with taxpayer dollars.

"This is larger than any of the spending increases that George Pataki proposed in his last eight years as governor," wrote E.J. McMahon.

"In fact, it's the biggest proposed hike since Pataki ended three years of tight fiscal austerity with an election-year budget blowout in 1998."

"Spitzer takes budget to public; Albany girds for fight"

By MICHAEL GORMLEY, Associated Press
Last updated: 12:03 a.m., Monday, February 5, 2007

ALBANY -- Now state lawmakers know what it was like for Wall Street CEOs to have heard Eliot Spitzer was on line 1.

This week, the former crusading attorney general who whipped reforms into Wall Street will, as he assured lawmakers, take his $120.6 billion proposed budget on a statewide tour.

He will seek support from the public that gave him a historic share of the vote in November, armed with laminated palm cards of how his budget is "New York's Turning Point."

Purple bar graphs make it clear how much he would curb Albany's notorious overspending, while still providing property tax cuts and "fully funding" schools.

"I was elected with a mandate to change the direction of Albany -- and I am saying right here, right now, we are going to defend the principles of this budget," Spitzer said Wednesday in presenting his budget.

"I will not become, under any circumstances, one more in the voices of the status quo paradigm that is destroying our economic future."

Back in the paradigm, the Legislature will begin its budget hearings in Albany.

Every element of the budget will be picked apart with an eye toward how lawmakers will try to change it.

That's when a rocky start is expected to turn ugly.

The tensions will likely rise because Tuesday is the special election in the Senate in which a Democrat -- supported by Spitzer -- tries to take a vacant Republican seat on Long Island from the narrowing Republican majority of Senate leader Joseph Bruno.

Soon after, Democratic Assembly Speaker Sheldon Silver is expected to decide whether to fully buck Spitzer by choosing a state comptroller from among his members, none of whom were recommended by a panel created and agreed to as part of Spitzer's reform.

"He seems not to back away from a fight, in fact he seems to relish it," said Assemblyman William Parment, a 25-year veteran of the Legislature and a Democrat, like Spitzer.

"He's up front and in your face."

"And you know, that's all right, but that will engender confrontation."

"You can't draw lines in the sand," said Republican Sen. Thomas Libous of Broome County.

"Where the governor wants to reform, I think he's got some good ideas."

"But everybody has their own ideas on reform."

Now, lawmakers and lobbyists are trying to find a way to turn back, or at least veer, Spitzer and his aggressive administration.

Some lobbyists are calling it "the cult of Eliot."

There is no shortage of fights.

Spitzer is taking on the Senate's Republican majority by trying to direct more school aid to the neediest schools, close $499 million in business tax loopholes, and expand the bottle law.

He's taking on the Assembly's Democratic majority by trying to expand charter schools, create a private school tax break for parents, and freezing Medicaid payments to hospitals and nursing homes.

In addition, Spitzer is taking on both chambers by carrying out an independent commission's recommendation to close costly, underused hospitals.

Powerful advocates and lobbyists for education and health institutions are already lining up with the Legislature.

Spitzer's "proposals will undermine the goal he has articulated and most of us are working toward in the first place," said Carl Young, president of the New York Association of Homes & Services for the Aging.

He said Spitzer's tone was "unnecessarily aggressive."

"It feels as though the Legislature has been put in the position of choosing between children and the elderly," Young said.

"I just don't think that's good policy."

But there are many goals, if not methods, shared by Spitzer and the Legislature.

Among them are billions of dollars in property tax breaks and billions more for schools.

"I think the goals are almost uniformly accepted," said state Sen. Stephen Saland, a Poughkeepsie Republican who's been in the Legislature since 1980.

"It's how you get there."

[Livyjr]

UNITED STATES SUPREME COURT

GARCETTI et al. v. CEBALLOS

certiorari to the united states court of appeals for the ninth circuit

No. 04-473. 

Argued October 12, 2005--Reargued March 21, 2006--Decided May 30, 2006

When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom.

http://caselaw.lp.findlaw.com/scripts/getc...mp;invol=04-473

And to further "flesh that out" .....

THE ALLEGATION THAT NEW YORK STATE HAS A PROBLEM WITH CORRUPTION .....

Let us go ....

For the moment .....

To ARTICLE 460 ....

Of the New York State Penal Law ....

Which is entitled ENTERPRISE CORRUPTION ...

That ARTICLE OF LAW being a part of TITLE X of the New York State Penal Law ....

Entitled ORGANIZED CRIME CONTROL ACT ....

And the relevant part of that state law which pertains directly to this discussion in here ....

Is as follows:

S 460.00 Legislative findings.

The legislature (of the State of New York) finds and determines as follows:

Organized crime in New York state involves highly sophisticated, complex and widespread forms of criminal activity.

The diversified illegal conduct engaged in by organized crime, rooted in the illegal use of force, fraud, and corruption, constitutes a major drain upon the state's economy, costs citizens and businesses of the state billions of dollars each year, and threatens the peace, security and general welfare of the people of the state.

Organized crime continues to expand its corrosive influence in the state through illegal enterprises engaged in such criminal endeavors as the theft and fencing of property, the importation and distribution of narcotics and other dangerous drugs, arson for profit, hijacking, labor racketeering, loansharking, extortion and bribery, the illegal disposal of hazardous wastes, syndicated gambling, trafficking in stolen securities, insurance and investment frauds, and other forms of economic and social exploitation.[/size]

The money and power derived by organized crime through its illegal enterprises and endeavors is increasingly being used to infiltrate and corrupt businesses, unions and other legitimate enterprises and to corrupt our democratic processes.

end quotes

SO!

THE MONEY AND POWER OF ORGANIZED CRIME IN NEW YORK STATE IS BEING USED TO CORRUPT OUR DEMOCRATIC PROCESSES HERE IN NEW YORK STATE!

WHICH IS ONE BIG PART OF WHY THIS THREAD IS RUNNING IN HERE ....

And that statement by the New York State Legislature about OUR DEMOCRATIC PROCESSES HERE IN THE STATE OF NEW YORK BEING CORRUPTED then leads us to this following question:

IN THE STATE OF NEW YORK, BY ITS OWN LAWS, CAN "GOVERMENT" ITSELF BE CONSIDERED AN ENTERPRISE THAT CAN BE "CORRUPT"?

"The GOVERNMENT EMPLOYER AS A CRIMINAL ENTERPRISE, Livyjr ..."

"IF IT IS THE 'POLICY' OF THE 'GOVERNMENT' TO HAVE IT BE SO ..."

"AS THIS SUPPRESSED F.B.I. RECORD IN THIS CIVIL RIGHTS CASE INDICATES WAS THE CASE WITH RENSSELAER COUNTY BETWEEN 1978 AND 1988 ..."

"WHEN YOUR PLAINTIFF 'BLEW THE WHISTLE' ON THE CRIMINAL ENTERPRISE ..."

"AND HAD HIS LIFE DESTROYED, IN RETALIATION ..."

"And as this record clearly shows ...."

"God help the hapless American citizens who go to work for that criminal enterprise ...."

"Who like your PLAINTIFF ..."

"Are forced against their wills to have to take part in it ..."

"To be silent about it ..."

"TO DO AS THEY ARE TOLD ..."

"Or the CRIMINAL ENTERPRISE will break them ..."

"STRIP THEM OF ALL CITIZENSHIP RIGHTS ..."

"AND CRUSH THEM ..."

"BECAUSE THEY ARE A 'GOVERNMENT EMPLOYEE' ..."

"WHICH IS SOMETHING MUCH LESS THAN AN AMERICAN CITIZEN ..."

"ACCORDING TO THE UNITED STATES SUPREME COURT, ANYWAY ....

"And because of that SECOND-CLASS STATUS ....."

"OR THIRD-CLASS, PERHAPS, IN THE CASE OF YOUR PLAINTIFF ..."

"The COURTS ..."

"Which are simply agents of that same government ..."

"Will protect this CRIMINAL ENTERPRISE ..."

"Against those who would rebel against it, and expose it ..."

"As your PLAINTIFF clearly did ..."

"SEVERAL TIMES ..."

"Or based upon the evidence in here, that is how I read these words above here from this May 30, 2006 United States Supreme Court decision in GARCETTI et al. v. CEBALLOS, anyway:"

When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom.

("The government as employer indeed has far broader powers than does the government as sovereign").

See, e.g., Waters v. Churchill, 511 U. S. 661, 671 (1994) (plurality opinion)

"THE GOVERNMENT ...."

"AS EMPLOYER ..."

"INDEED ..."

"HAS FAR BROADER POWERS ...."

"THAN DOES THE GOVERNMENT AS SOVEREIGN ..."

"AND FROM THE FEDERAL SECOND CIRCUIT COURT OF APPEALS DECEMBER 2005 SUMMARY ORDER IN THIS CASE ..."

"THE PSYCHIATRIC TAKE-DOWN AND FORCED INCARCERATION OF THESE RETALIATION TARGETS IN SECURE MENTAL FACILITIES BASED ON NOTHING MORE THAN FALSE DIAGNOSES BY WILLING AND COMPLICIT MEDICAL DOCTORS IS ONE OF THEM ..."

"And so, Livyjr, and so ...."

"First Amendment Sometimes Left at Workplace Door"

By Stephen Barr

Thursday, June 1, 2006; Page D04

The Supreme Court's ruling on freedom-of-speech rights of public employees has created a stir across the government, in part because of the way Justice Anthony M. Kennedy, writing for the 5-to-4 majority, framed the issue:

"When public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline."

In Tuesday's ruling, the court found that a district attorney's office did not violate Ceballos's freedom of speech by allegedly demoting him after he wrote supervisors about his concerns that a sheriff's deputy had lied to get a search warrant.

Sen. Daniel K. Akaka (D-Hawaii), with bipartisan support, is pushing for legislation that would permit a federal whistle-blower to be protected for disclosing information learned on the job or in the course of job duties.

The Justice Department has opposed taking that step, and at least one senator has placed a hold on Akaka's bill, according to congressional aides.

"Court ruling cited in whistle-blower's firing - A lawsuit tied to alleged abuse of ex-Willowbrook residents is affected"

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

First published: Monday, February 5, 2007

New York state is using a new but little known U.S. Supreme Court ruling to uphold the firing of a woman who contends that some developmentally disabled victims of the 1970s Willowbrook scandal are still being neglected.

Under the legal precedent handed down by the court in May of last year, Susan McLaughlin might have done better blowing the whistle publicly, rather than taking her concerns to her bosses at the state Office of Mental Retardation and Developmental Disabilities.

"Their response was to attack me," McLaughlin said of how state officials reacted when she began alleging poor treatment of adults who were living in special group homes that are overseen by OMRDD's Sunmount Developmental Center in Tupper Lake.

Her story also raises questions about what has happened to the hundreds of people who, decades ago, lived in the infamous Willowbrook State School on Staten Island.

Willowbrook was the site of a scandal in 1972, exposed by TV reporter Geraldo Rivera and local newspapers, in which mentally retarded children were found to be abused and neglected.

As part of the settlement from a lawsuit generated by the scandal, the state created the Willowbrook Consumer Advisory Board, funded by OMRDD, to ensure that former residents who had no family or guardians were properly cared for after Willowbrook was emptied out.

McLaughlin, 55, was already a veteran OMRDD worker when she was hired by the Advisory Board as a program associate in 1989.

She was asigned a roster of between 87 and 125 former Willowbrook residents living in northern New York.

After a few years, McLaughlin contends, she found problems in the way her clients were being cared for.

She began complaining to her bosses at the Consumer Advisory Board and OMRDD.

Among her allegations:

One client was given too much Serental, a psychoactive drug (she later died, although it's unclear whether the drug was involved.)

Another didn't get radiation treatment for bladder cancer, while still another wasn't properly checked for cancer when she developed an ovarian cyst.

A resident was sexually abused, while another had his fingernails trimmed to the quick, putting him in constant pain.

He died in 2005.

McLaughlin said these and other complaints fell on deaf ears, so she started writing directly to then-OMRDD Commissioner Thomas Maul and Ann Nehrbauer, chair of the Willowbrook Consumer Advisory Board.

In one letter, she said she had "minimal supervision ... vague direction, and no performance standards or evaluations," during her 15 years with the board.

By July 2005 McLaughlin said she was fired via a "one-line letter."

She sued in federal court, seeking reinstatement.

OMRDD spokeswoman Deborah Sturm-Rausch said she couldn't comment on the pending lawsuit.

As to McLaughlin's allegations of mistreatment, Sturm-Rausch said, "we take any complaint we receive very seriously and fully investigate all allegations."

McLaughlin's lawsuit has been winding its way through the system, and recently lawyers for OMRDD have adopted a new legal tactic, sparked by a U.S. Supreme Court decision handed down last May in Garcetti v. Ceballos.

Richard Ceballos was a Los Angeles County, Calif., assistant district attorney who had alleged that a sheriff's officer may have lied on a search warrant affidavit.

Ceballos said he suffered retaliation when he raised that concern, and he sued former District Attorney Gil Garcetti.

The case made it to the Supreme Court where justices, in a 5-4 vote, ruled that Ceballos' right of free speech didn't apply when he was exercising that speech as part of his job.

The court decided that when "public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline."

That's a "radical departure" from past whistle-blower protections, according to Stephen M. Kohn, chairman of the National Whistleblower Center.

The decision, made with little fanfare, could create an impediment to government employees who use internal channels to expose problems or wrongdoing, said Christopher Dunn, associate legal director of the New York Civil Liberties Union.

"The one thing that will potentially get you into trouble is if you go to your public employer," Dunn said, adding that whistle-blowers may now be better off by taking their concerns to the media or people outside of their jobs.

McLaughlin's case is still open, and the defense's request to dismiss the suit based on Garcetti v. Ceballos is before U.S. Northern District Judge Thomas McAvoy.

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

[Livyjr]

"Misdemeanor charges in Ethan Allen sinking - Warren County DA lays blame on state for tragedy"

By LEIGH HORNBECK, Staff writer, Albany, New York Times Union

Last updated: 11:52 a.m., Monday, February 5, 2007

QUEENSBURY -- Shoreline Cruises and the captain of the Ethan Allen will face misdemeanor charges in the deaths of 20 people when the boat capsized on Lake George 15 months ago, Warren County District Attorney Kate Hogan announced this morning.

Hogan laid the blame on the state for the tragedy.

"A lot of preventive measures that could have been undertaken on the part of New York state hampered the safety of the passengers," Hogan said.

The grand jury issued a report urging legislative changes pertaining to the crew, stability, and breath tests for alcohol.

The law speaks to facts, not what could have been or should have been, Hogan said.

Because the events of Oct. 2, 2005, were not foreseeable, the grand jury had no cause to indict either Shoreline Cruises or the boat captain for criminal negligence, Hogan said.

The captain, Richard Paris, 74, and a representative of Shoreline Cruises will appear in Warren County court Feb. 14.

The grand jury's report will be released only after Judge John Hall sees it.

The misdemeanor charges, pertaining to the failure to have the correct number of crew members on board, are punishable by 15 days in jail, a fine of $250, or both.

The grand jury investigation was the third into the tragedy.

The National Transportation Safety Board recommended changes in state laws and federal guidelines in an attempt to prevent future accidents.

The Warren County Sheriff's Department found no reason to file criminal charges in the accident.

Twenty civil suits have been filed in federal court, naming the boat's owner, Shoreline Cruises Inc.; Shoreline Travel & Tours Inc., an unrelated company that booked the trip for senior citizens visiting from Michigan; the Lake George Steamboat Co., which has been accused of causing a wake that caused the Ethan Allen to capsize; and Scarano Boat Building Inc., which altered the top of the boat.

[Livyjr]

In this corner .....

"EL CAUDILLO" .....

Eliot Spitzer ....

And in the other corner .....

The man they call .....

"THE IRON DUKE" .....

Joe Bruno .....

At the sound of the bell .....

"LI Senate race heads to finish line"

By FRANK ELTMAN, Associated Press

Last updated: 3:23 p.m., Monday, February 5, 2007

BELMONT, N.Y. -- Down the stretch they come.

One presidential contender visited the hometown of the world famous Belmont Park racetrack to campaign while a second was planning a glad-handing session at a Long Island Rail Road station.

Neither Sen. Hillary Rodham Clinton nor former New York Mayor Rudolph Giuliani were the headliners in this contest, however.

Both were seeking votes Monday on behalf of a pair of candidates running in a special election for a state Senate seat.

Although both were clearly the stars on the eve of the election, their official role was that of surrogates.

The race for the 7th Senate district seat -- which covers northwest Nassau County -- is considered a possible opening for Democrats, who hold a slight edge in voter registration.

The monthlong campaign, created when Democratic Gov. Eliot Spitzer named incumbent Republican Michael Balboni his Homeland Security chief, has not been your typical legislative election.

Calling the race an early test of his ambitious reform agenda, Spitzer himself has come to Long Island a number of times to support the Democratic candidate, county legislator Craig Johnson.

Sens. Charles Schumer, Clinton and other high-profile Democrats have also made appearances on behalf of Johnson.

A Democratic victory also could bring Spitzer's party one seat closer to controlling the Legislature, where the GOP holds a slim 33-28 advantage in the 62-member Senate following the departure of Balboni.

O'Connell, meanwhile, has received financial backing from New York Mayor Michael Bloomberg, who wrote a $75,000 check to the state Republican organization on her behalf.

A victory by O'Connell would maintain the GOP's domination of all nine Long Island senate seats and could solidify Senate Majority Leader Joseph Bruno's grip on power in Albany.

Because voters in the district supported the Spitzer for governor last November, but backed the Republican Balboni for re-election, political observers believe the outcome of the special election may be too close to call.

Turnout, as is the case in most special elections, is expected to be low.

Nassau Democratic leader Jay Jacobs on Monday predicted only 10-15 percent of registered voters would brave frigid early February temperatures to cast their ballots.

Both sides also poured millions into television commercials and a barrage of mailings, making it potentially the most expensive legislative races in state history.

A week before balloting, the campaigns had spent more than $1.5 million, combined.

Clinton, making her first public appearance on Long Island since announcing her plans to run for president, hewed the party line in promoting Johnson's candidacy before about 300 supporters at an American Legion hall.

"The governor has a plan for lowering property tax costs and Craig will be there, working to make that happen," she said in a brief stump speech.

"No place in the state will get more out of passing that reform measure than Long Island."

Later Monday, Giuliani was scheduled to join O'Connell at a Long Island Rail Road station to greet commuters heading home and the pair had a joint appearance scheduled later at a church in the senate district.

Earlier in the day, Giuliani's campaign filed a so-called "statement of candidacy" with the Federal Election Commission.

The move is seen as moving the former mayor a step closer to officially joining the race for the Republican nomination for governor.

[Livyjr]

"Bloomberg and others chime in on New York state budget"

By MARK JOHNSON, Associated Press

Last updated: 3:33 p.m., Monday, February 5, 2007

ALBANY -- New York City Mayor Michael Bloomberg complained Monday that Gov. Eliot Spitzer's $120 billion budget proposal will cost the city $660 million over the next two years and warned that the new governor's plan to close business tax loopholes could damage the state's economy.

Bloomberg led a number of local officials who traveled to the Capitol to weigh in on Spitzer's first budget plan.

Meanwhile, state Conservative Party Chairman Michael Long said Democrat Spitzer doesn't do enough to control spending.

"To propose a budget that has a growth rate of 7.8 percent when inflation is at 2.6 percent is Eliot's way of telling New Yorkers that he believes in big government programs and if we don't, it really does not matter," said Long.

The appraisals of Spitzer's spending plan came as the new governor began a public promotion effort to boost the budget.

He held a pep rally of sorts Monday afternoon at the state Capitol with education advocates who like his proposal.

Bloomberg's testimony had been much anticipated as he had, until Monday, been tightlipped about the Spitzer proposal that would increase state aid for schools by $3.2 billion by 2010-2011 while boosting rebates on city property tax and personal income tax.

Nonetheless, Bloomberg said the city was going to lose almost $330 million in the current fiscal year and another $330 million in the city's fiscal 2008 year starting July 1 under Spitzer's proposal.

The money equals the combined budgets of the city's Parks and Recreation, Aging and Juvenile Justice Departments, he said.

The city already contributes $11 billion more to the state's coffers than it gets back in funding for services.

Adding to that would hurt the entire state's economy, Bloomberg said.

Spitzer, however, said the extra aid in other areas, including another $639 million for education in 2007-2008 and a savings of $343 million from the cap on Medicaid spending, would put the city ahead.

"I wouldn't expect anyone to come to Albany ... and say this is wonderful."

"Everybody wants more and I understand that," he said.

"When you look at the net, the city of New York comes out extraordinarily well, as it should," Spitzer said.

Long's criticism echoed that of other conservatives and state Senate Majority Leader Joseph Bruno, a Republican who has said the governor's plan fails to cut business taxes and would raise some by closing tax loopholes.

Bloomberg said the revenue the city will gain from closing the "loopholes" would not offset the loss from reduced revenue sharing and would only put higher taxes on businesses that officials are "trying to keep from leaving our city."

"He promised taxpayers that on day one everything would change," said Long.

"What he didn't tell us is that once elected he would steamroll the voters with his increased spending of their money."

Long's use of the term "steamroll" is meant to remind New Yorkers of a report last week that Spitzer had a heated conversation with state Assembly Republican Minority Leader James Tedisco.

Spitzer was quoted as saying he was a "steamroller, and I'll roll over you and anybody else" who opposes his plans.

Spitzer, meanwhile, invited advocates of higher spending on schools to join him at the Capitol.

"We will finally invest in our educational infrastructure the way we need to," Spitzer told a group of parents and advocates.

"This is everything we have fought for 13 years," said Geri Palast, executive director of the Campaign for Fiscal Equity, a group that led the successful legal effort to force the state to spend more on its schools.

------

Associated Press Writer Marc Humbert contributed to this story.

[Snuffysmith]

We’re not a democracy. It’s a terrible misunderstanding and a slander to the
idea of democracy to call us that. In reality, we’re a plutocracy: a government
by the wealthy.” : Ramsey Clark, former U.S. Attorney General

=

[Livyjr]

"We’re not a democracy ....."

"It’s a terrible misunderstanding ...."

"And a slander ...."

"To the idea of democracy ...."

"To call us that ....."

"In reality ....."

"We’re a plutocracy ...."

"A government ...."

"By the wealthy .....”

- Ramsey Clark, former U.S. Attorney General

Well said in the spirit of this thread, Snuf .....

Well said, indeed .....

WE, THE PEOPLE ....

Are happenstance ...

GOVERNMENT ....

Of .....

By ....

And FOR ....

The PEOPLE ....

Was a thought ....

That never became a reality ...

Or if it did ....

It was lost along the way ....

From there ....

To here ....

And so ....

[Livyjr]

Well ....

IF it was the intent of POWER-HOUSE REPUBLICAN LAWYER AND MOUTH-PIECE F. STEWART JONES to rally the troops up here .........

He sure has succeeded .....

If the talk around the various coffee shops up here is any indication .....

"THAT OLD 'EFF', WHY HE SURE IS GOING TO GIVE THEM FEDERAL BOYS WHAT-FOR, ALRIGHT, FOR MESSING AROUND WITH BIG JOE BRUNO, AND ALL HIS MONEY, YESSIRMARIEBOB ..."

"WHY THAT OLD 'EFF', HE'S GOING TO KICK THEM FEDERAL BOY'S BUTTS RIGHT UP AROUND THEIR SHOULDERS, AND THAT'S A FACT, JACK!"

And that pretty well sums up the feelings of what is known up here as "THE IRON DUKE'S LEGION" .....

The army of political "soldiers" that the "IRON DUKE" relies on to maintain HIS "LAW" on the populace up here .....

A "LAW" that is not really written down in any books anywhere .....

Since it need not be ....

As it comes out of the heads of people like F. Stewart Jones AS NEEDED ......

"HERE'S WHAT THE LAW SAYS, BUT HERE IS WHAT WE ARE GOING TO DO, INSTEAD ..."

And people know that people like "OLD EFF" .....

That being this HOT-SHOT REPUBLICAN LAWYER F. STEWART JONES ......

Know where to put a dollar .....

So that it goes to its best use ....

Maintaining "THE LAW" of the "IRON DUKE" .....

And towards that end ....

And this is hearsay, of course .....

Because I have never been admitted that close into the shrouded murkiness of the "LAW OFFICES" of F. Stewart Jones, myself .....

But they say up here ......

That when F. Stewart Jones sneezes .....

And reaches into his pocket for a handerchief .....

That when he pulls it out to blow his nose into it .....

That he is likely to spill out a couple of federal judges onto the floor at the same time .....

And so ....

But as I say .....

I have never myself been admitted into the shrouded murkiness of F. Stewart Jones' "LAW OFFICES" myself to actually see that happen for myself ...

And so ...

For the moment .....

Since he is running his mouth big-time here .....

Making his threats against these federal prosecutors .....

Who are snooping around in "BIG JOE THE IRON DUKE" Bruno's financial and BID-NESS arrangements ....

We'll just have to take these OLD BOYS and WAGS up here who say that they have witnessed these federal judges come spilling out of F. Stewart Jones' pocket at their word .....

BECAUSE WHY WOULD THEY NEED TO LIE ABOUT SOMETHING LIKE THAT?

And so ....

"Livyjr, in the light of the past experience that people up there where you are have had with the Federal Bureau of Investigation, and the Office of the United States Attorney, and this Senator Joseph Bruno, and a federal Hobbs Act investigation that was apparently suddenly terminated by the Office of the United States Attorney for the Northern District of New York when the name of this Senator Joseph Bruno came into it in connection with questionable practices in the Rensselaer county Department of Health which were having an adverse impact on the lives, health and property of the people of Rensselaer County in New York State ....."

"Could you tell us how people up there feel ..."

"When they see this Rensselaer County lawyer E. Stewart Jones openly and blatantly threatening these federal prosecutors with retaliation against themselves and their employment in the pages of the Albany, New York TIMES UNION newspaper ..."

"And when they see this Senator Bruno himself, in the pages of the same Albany, New York TIMES UNION newspaper ..."

"Calling this alleged federal investigation a MEDIA EVENT ..."

"DO PEOPLE UP THERE THINK THAT SOMEONE IS GAMING THE SYSTEM HERE?"

HHHhhhmmmm .....

GAMING THE SYSTEM .....

Joe Bruno calls a BIG press conference ...

BIG FBI INVESTIGATION, FOLKS .....

BUT IT'S NOTHING .....

And then ....

SHADES OF 1989 .....

The Office of the United States Attorney comes forward and says, "well, how about that, we took a really, really hard look, but there was nothing there ...."

That is what people are expecting, actually .....

Some with GLEE ....

Joe Bruno's PARTISANS ....

And they are many, actually ....

And the rest .....

Well ...

I would say with TREPIDATION .....

And this brings us to what many see as E. Stewart Jones' TRUMP CARD ......

Which is the fact that in December of 2005 .....

Just a short year ago .....

The federal Second Circuit Court of Appeals in New York City .....

PUT ITS SEAL OF APPROVAL .....

ON THE GRANTING OF "PROTECTED PERSON" STATUS HERE IN THE STATE OF NEW YORK ...

BY ELECTED OFFICIALS UP HERE IN RENSSELAER COUNTY ....

WHICH IS JOE BRUNO'S COUNTY .....

AND IF JOE BRUNO IS IN FACT DOLING OUT FAVORS AND PROTECTION HERE .....

IT IS NOT INCONSISTENT WITH WHAT THE FEDERAL SECOND CIRCUIT COURT OF APPEALS HAS ALREADY APPROVED ...

CONDUCT THAT THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK ITSELF HAD NO PROBLEMS WITH BACK IN AUGUST OF 2001 .....

THAT BEING THE INTIMIDATION AND REMOVAL OF WITNESSES IN THE STATE OF NEW YORK ....

BY THE "STATE" ITSELF ....

ON BEHALF OF ITS "PROTECTED PERSONS" .....

WHO GET THAT WAY .....

BY PROCURING PROTECTION .....

FROM ELECTED OFFICIALS IN NEW YORK STATE ...

And so ....

GIVEN ALL OF THAT PRIOR HISTORY ....

PEOPLE UP HERE HAVE ABSOLUTELY NO FAITH OR TRUST WHATSOEVER .....

IN EITHER THE FEDERAL BUREAU OF INVESTIGATION ....

OR THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK .....

And if people up here saw E. Stewart Jones returning from Washington, D.C. with an apologetic Alberto Gonzales in tow .....

To personally apologize to Joe Bruno .....

I DON'T THINK THAT THERE IS A SOUL UP HERE WHO WOULD BE SURPRISED ...

And I actually think that many are expecting exactly that .....

STARTING WITH THE PARTISANS OF JOE BRUNO ....

Who are many ....

And very powerfull .....

And so .....

Yes, indeed .....

This powerful REPUBLICAN lawyer F. Stewart Jones ......

Can openly, blatantly and publicly make this threat .....

To these federal prosecuutors .....

Who are nosing around the finances of POWERFUL REPUBLICAN NEW YORK STATE SENATOR JOSEPH "BIG JOE" BRUNO ....

Because F. Stewart Jones ......

Lovingly known up here in the CORRUPT EMPIRE of New York by his street name "EFF" .....

"EFF" HOLDS A TRUMP CARD ......

That being a December 2005 decision by the federal Second Circuit Court of Appeals in New York City ......

That makes it plain as day .....

That the SELLING OF PROTECTION .....

By elected public officials in New York State .....

IS ACCEPTABLE .....

TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA .....

And what makes this a real TRUMP CARD for F. Stewart Jones in this case ......

Where "BIG JOE" Bruno is allegedly under investigation by the FBI .....

IS THAT THIS "ARRANGEMENT" WAS ACCEPTABLE ......

TO THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK .....

At the time the federal Second Circuit Court of Appeals in New York City made its ruling on this issue ......

Upholding the right of elected public officials in the State of New York to confer upon certain individuals the status of "PROTECTED PERSON" .....

And so .....

It is our expectation ......

That right now .....

As we are speaking in here .....

F. Stewart Jones .....

The REPUBLICAN lawyer who holds the TRUMP CARD for Joe Bruno ......

Is working his contacts diligently ......

Using this TRUMP CARD from a federal district court judge appointed to that position by none other than REPUBLICAN George W. Bush ....

To get a federal judge .....

To squash this investigation of REPUBLICAN New York State Senator Joseph "BIG JOE" Bruno .....

On the grounds .....

That "BIG JOE" Bruno .....

Is only engaging in conduct ......

That has already been approved .....

By the federal Second Circuit Court of Appeals in New York City ....

And so ....

"Judicial conduct standard revised - State official quits Bar Association panel, saying obscure change will make it harder to discipline judges"

By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union

First published: Tuesday, February 6, 2007

ALBANY -- A quiet move by a national lawyers panel will make it harder to discipline judges, a judicial watchdog said Monday.

For 83 years, "avoiding impropriety and the appearance of impropriety," has been gospel in the Model Code of Judicial Conduct, said Robert Tembeckjian.

But an American Bar Association panel looking at code revision inserted language in a remote section of the text that makes such behavior advisable -- but not mandatory.

And, said Tembeckjian, chief counsel of the state Commission on Judicial Conduct, nobody knows about it, least of all the 500-plus delegates who will vote on it next week in Miami.

"You'd need the equivalent of a literary GPS to figure out this road map," said Tembeckjian, who resigned the ABA advisory committee to protest what he considers to be a dilution of standards.

"Judges are public officials, performing a unique and vital role in our constitutional democracy."

"Their independence and integrity must be beyond reproach for the public to have faith in the administration of justice."

The ABA, after three years of public hearings, posted potential code revisions in October.

Late last month, the ABA code commission inserted the changes on propriety.

Nothing was done in secret, said Attorney Mark I. Harrison, of Phoenix, Ariz., chairman of the commission.

Tembeckjian is generally unfamiliar with House of Delegates procedures, Harrison said, and, as a non-voting member of the advisory commission, "doesn't have ultimate responsibility for recommendations to the House of Delegates."

"This has been a process that was incredibly transparent," Harrison said.

Tembeckjian is known for holding New York's judges to high standards and, when appropriate, pushing for their censure or removal.

He recently sparred with state Supreme Court Justice Thomas Spargo of Berne, who, after a 4-year legal battle, was unseated for his behavior on and off the bench.

E. Stewart Jones, who represented Spargo during much of his fight to retain his judgeship, said the rule change would allow judges to exercise discretion, without concern that everything they do subjects them to discipline.

"Currently, there is no allowance for areas of gray," Jones said.

"And Mr. Tembeckjian sees everything in black and white."

"For a long time it was sacrosanct judges could do as they please."

"Now the pendulum has swung too far to the other side."

Anything that dilutes absolutism is a plus, Jones said.

The ABA says the "impropriety" clause is constitutionally vague, and the group had removed similar language governing lawyers' behavior in 1969.

But Cynthia Gray, director of the American Judicature Society's Center for Ethics in Des Moines, Iowa, said efforts to water down the code for judges are "inexplicable, unnecessary and confusing."

"Judges should be held to a higher ethical standard than lawyers," said Gray.

"There is no basis in case law for the change."

"And while it is not a provision that gets used a lot, sometimes you need a principle to hang your hat on."

Chief Administrative Judge Jonathan Lippman of the state Office of Court Administration said he also was surprised by the move.

"Avoiding impropriety and the appearance of impropriety has been the centerpiece of the judicial conduct system," said Lippman.

New York has 1,300 state judges and 2,300 town and village justices who collectively handle 4 million cases a year.

"The judges understand and, I believe, overwhelmingly support the code," Lippman said.

"We don't want to lower the bar."

The idea to soften the impropriety standard was first floated in May 2004, but after significant negative public reaction, the code commission backed off.

Next week, the ABA House of Delegates will meet in Miami to adopt the model code.

It will then be sent to the states, which can adopt all or part of it.

In New York, the code is promulgated by Lippman with the approval of the Court of Appeals.

That's when it becomes binding not only on state judges, but on the Judicial Conduct Commission, which enforces it.

Morgan Bolton can be reached at 434-2403 or by e-mail at mbolton@timesunion.com.

[Livyjr]

"Spitzer takes budget to public; Albany girds for fight"

By MICHAEL GORMLEY, Associated Press
Last updated: 12:03 a.m., Monday, February 5, 2007

ALBANY -- That's when a rocky start is expected to turn ugly.

The tensions will likely rise because Tuesday is the special election in the Senate in which a Democrat -- supported by Spitzer -- tries to take a vacant Republican seat on Long Island from the narrowing Republican majority of Senate leader Joseph Bruno.

Soon after, Democratic Assembly Speaker Sheldon Silver is expected to decide whether to fully buck Spitzer by choosing a state comptroller from among his members, none of whom were recommended by a panel created and agreed to as part of Spitzer's reform.

"He seems not to back away from a fight, in fact he seems to relish it," said Assemblyman William Parment, a 25-year veteran of the Legislature and a Democrat, like Spitzer.

"He's up front and in your face."

"And you know, that's all right, but that will engender confrontation."

Now, lawmakers and lobbyists are trying to find a way to turn back, or at least veer, Spitzer and his aggressive administration.

Some lobbyists are calling it "the cult of Eliot."

"Comptroller’s Election Nears"

February 6, 2007 at 11:13 am by Rick Karlin

Albany, New York Times Union

From the remarks of Assembly Speaker Sheldon Silver and Senate Majority Leader Joe Bruno, who both addressed a public employee breakfast this morning, the state Legislature is all but set to elect Assemblyman Tom DiNapoli as comptroller - possibly on Wednesday.

Silver was first up in the usual press scrum after addressing the public employees.

He reiterated his opinion that having a three-person panel made up of former state comptrollers H. Carl McCall and Ned Regan and former NYC Comptroller Harrison Goldin forward a list of finalists, none of whom are in the Assembly, didn’t work very well.

“Clearly it was a flawed process,'’ Silver said, noting that for two days and through 17 interviews, the panelists sat “like bumps on a log, not asking one question, not one question.'’

He went on to question the motivation of some of the panelists, making an oblique reference to some buzz/column items that McCall was interested in the job himself.

“It raises suspicions,'’ said Silver, wondering aloud if the process was like VP Dick Cheney heading a vice-presidential search committee and then settling upon himself as the best candidate.

Next came Bruno, who agreed ‘’the process is flawed, so we’re going to start going back to the constitution, going back to the legislative process.'’

The state Constitution leaves it to the Legislature to choose the new comptroller, although Spitzer, Silver and Bruno agreed to create the panel for this selection process.

When asked about DiNapoli, a Long Island Democrat said to be gaining steam in his campaign for the job, Bruno said:

“I like Tom DiNapoli a lot.'’

As to when a legislative vote on comptroller would take place, Bruno said “we’re prepared tommorrow.'’

[Livyjr]

From p.104 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl .....

1883

Although he was the (New York State) Assembly minority leader, (Teddy) Roosevelt began his second term as he had ended his last, CAREFULLY CULTIVATING THE ROLE OF OUTSIDER.

Even his choice of Albany lodgings attempted to show that he was beyond the sphere of influence of both the STALWARTS and the BLACK HORSE CAVALRY (powerful Republican cliques in Albany politics at that time).

"Bloomberg and others chime in on New York state budget"

By MARK JOHNSON, Associated Press

Last updated: 3:33 p.m., Monday, February 5, 2007

ALBANY -- "He promised taxpayers that on day one everything would change," said Long.

"What he didn't tell us is that once elected he would steamroll the voters with his increased spending of their money."

Long's use of the term "steamroll" is meant to remind New Yorkers of a report last week that Spitzer had a heated conversation with state Assembly Republican Minority Leader James Tedisco.

Spitzer was quoted as saying he was a "steamroller, and I'll roll over you and anybody else" who opposes his plans.

If "EL CAUDILLO" .....

Eliot Spitzer .....

Lord Cornbury ....

The ROYAL GOVERNOR ....

Up from New York City ....

To view his possessions and holdings ....

In upstate New York .....

Including the colonial legislature .....

Presided over by the "IRON DUKE" Joe Bruno ....

And Sheldon Silvers .....

Were to have been governor .....

Back when Teddy Roosevelt was the New York State Assembly MINORITY LEADER ....

OR ....

If Teddy Roosevelt were to be New York State Assembly MINORITY LEADER today .....

Instead of that Jim Tedisco who is in there now .....

And "EL CAUDILLO" Spitzer ....

Were to make that "I'M A ****ING STEAMROLLER, BABY, AND I'LL ROLL ALL OVER YOU" comment to old Teddy Roosevelt .....

It is my thought ....

And my bet ....

That unlike Jim Tedisco ....

Old Teddy Roosevelt would have looked at his watch .....

And said to "EL CAUDILLO" .....

"YOU KNOW WHAT, I'VE GOT SOME TIME, SO I THINK I'LL JUST TRY ON SOME OF THAT STEAMROLLER STUFF ..."

And then ....

Old Teddy Roosevelt would have waded right on into "EL CAUDILLO" ....

And old Teddy Roosevelt would given "EL CAUDILLO" Spitzer some "what for", alright ....

That would have left "EL CAUDILLO" whimpering in a heap ....

And old Teddy Roosevelt saying, "STEAMROLLER, MY *** ...."

As he walked away .....

A TRUE PROTECTOR .....

OF GOVERNMENT ....

OF ....

BY ....

AND FOR ....

THE PEOPLE ....

AS OUR NEW YORK STATE CONSTITUTION INTENDED .....

And so ....

[Livyjr]

In this corner .....

"EL CAUDILLO" .....

Eliot Spitzer ....

And in the other corner .....

The man they call .....

"THE IRON DUKE" .....

Joe Bruno .....

At the sound of the bell .....

And the winner is ....

"Spitzer's Senate choice wins - Victory in Nassau County for governor's handpicked candidate is a blow to Bruno"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Wednesday, February 7, 2007

ALBANY -- Gov. Eliot Spitzer's handpicked candidate appeared to have won a tight Long Island special election Tuesday that could affect the balance of power in the Republican-controlled state Senate and enhance the new governor's political clout.

With all precincts reporting in Nassau County's 7th Senate District, Republican Maureen O'Connell trailed Democrat Craig Johnson, 22,929 votes to 26,452.

As results were tallied, the lead flipped at least three times.

More than 3,000 absentee ballots were mailed out for this race, according to Nassau County elections officials, but even if O'Connell took them all she could not overcome Johnson's lead.

Republicans have held the seat for about a century, according to Democrats.

"As Democrats, we are on our way to a new majority in the state Senate -- a cause that was advanced tonight that continues starting now ... and as New Yorkers we will help Eliot Spitzer finish the job of changing state government so it works for all of us, not just the well-connected few," Johnson said in prepared remarks.

Spitzer called Johnson's success "a reaffirmation of the public desire to move our reform agenda forward."

The election, which became necessary in late December when Spitzer tapped former Republican Sen. Michael Balboni to serve as his deputy secretary for public safety, holds high stakes for both the Democrats and the Republicans, but particularly for the governor and for Senate Majority Leader Joseph L. Bruno, R-Brunswick.

Spitzer, a Democrat, made it clear early on that he considered the special election a referendum on his agenda to reform Albany.

He had a hand in selecting Johnson, a Nassau County legislator, to be the Democratic candidate, appeared with him in a television ad and helped him raise money.

Douglas Muzzio, a Baruch College political science professor, said it appears "round one goes to Eliot."

"Clearly, he put in all that effort staked to his early reputation and it looks like he's walking out a winner, particularly coming the day before they're going to name the comptroller," Muzzio said.

"At the end of the day, he's going to win one and lose one, but this is a big win."

Spitzer is at war with the Assembly Democratic majority over selecting a replacement for former state Comptroller Alan Hevesi, who resigned in December after pleading guilty to a felony charge of defrauding the government after using state employees as aides to his wife.

The Assembly Democrats are poised to defy Spitzer's wishes today by rejecting three comptroller candidates selected by a screening panel and making one of their own members the state's top auditor.

"There could be no more fundamental dichotomy than the clear voice of the public calling out for reform and the failure of certain leaders to heed that call," Spitzer said Tuesday night.

"I am here as the voice of the people...and my patience with leaders who fail to heed that call has run its course."

Asked whether he meant that there would be repercussions for the Assembly Democrats if they go ahead with their comptroller plans, Spitzer said he had just been "making an observation."

Spitzer also faces resistance to his first state budget in the Republican-controlled Senate, which is particularly critical of his plan to channel more school aid to poor, urban districts at the expense of wealthy downstate suburbs.

Bruno has been serving under a cloud since he lost a seat last fall to a Spitzer-backed Democratic candidate and then revealed that his outside business interests are under investigation by the FBI.

Losing yet another seat would whittle his Republican majority to just two seats and could embolden those who covet his leadership post.

Bruno spent more than $650,000 from Senate Republican coffers on O'Connell's campaign.

A former state assemblywoman, O'Connell is now Nassau County clerk.

Bruno also received assistance from labor unions, including the powerful health care workers union SEIU/1199, which is gearing up for a battle with Spitzer over Medicaid spending cuts and reforms in his proposed executive budget.

Senate Democrats transferred more than $244,000 from their campaign committee to Johnson and also took out a $300,000 loan to help pay for the race.

The labor-backed Working Families Party was one of Johnson's biggest supporters.

The party received $165,000 from Johnson's campaign and $60,000 from Spitzer's own campaign committee to run Johnson's field operation.

Democratic Senate Minority Leader Malcolm Smith, D-Queens, said last weekend that a win by Johnson could hasten the Democrats' efforts to wrest control of the Senate from the GOP by convincing as many as two Republican senators to switch sides.

But Bruno rejected that idea Tuesday, saying he had received personal assurances from the two senators considered prime candidates to switch -- Joseph Robach, a former Democrat from Rochester, and John Bonacic of New Paltz -- that neither plans to change allegiance.

The Democratic and Republican parties are on track to spend more than $5 million on this one-month campaign, making it the most expensive legislative race in state history.

Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.

[Livyjr]

"Spitzer's Senate choice wins - Victory in Nassau County for governor's handpicked candidate is a blow to Bruno"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Wednesday, February 7, 2007

ALBANY -- Spitzer is at war with the Assembly Democratic majority over selecting a replacement for former state Comptroller Alan Hevesi, who resigned in December after pleading guilty to a felony charge of defrauding the government after using state employees as aides to his wife.

The Assembly Democrats are poised to defy Spitzer's wishes today by rejecting three comptroller candidates selected by a screening panel and making one of their own members the state's top auditor.

"There could be no more fundamental dichotomy than the clear voice of the public calling out for reform and the failure of certain leaders to heed that call," Spitzer said Tuesday night.

"I am here as the voice of the people...and my patience with leaders who fail to heed that call has run its course."

Asked whether he meant that there would be repercussions for the Assembly Democrats if they go ahead with their comptroller plans, Spitzer said he had just been "making an observation."

"It’s Done"

February 7, 2007 at 4:00 pm by Elizabeth Benjamin

Albany, New York Times Union

Assemblyman Thomas DiNapoli is getting a standing ovation in the Assembly chamber, as Sen. Frank Padavan, R-Queens, cast the 107th deciding vote in favor of making the Long Island Democrat the new state comptroller.

Now a receiving line is forming at DiNapoli’s seat as lawmakers queue up to congratulate him - including those who voted in favor of NYC Finance Commissioner Martha Stark, a number of whom went out of their way to praise DiNapoli and say that their votes weren’t so much against him as they were in support of “reform” and “the process” championed by Gov. Eliot Spitzer.

[Livyjr]

"Warning the Legislature - Picking a fellow lawmaker over three more qualified candidates for comptroller would be an act of audacity"

Albany, New York Times Union

First published: Wednesday, February 7, 2007

The issue facing the 211 members of the state Legislature today, especially those 107 Assembly Democrats, is that Assemblyman Thomas DiNapoli -- a Democrat, naturally, from Long Island -- is not the right choice for state comptroller.

He doesn't measure up to any of the three indisputably qualified candidates suggested by a screening committee of former comptrollers, from whose recommendations the job was supposed to be filled.

Picking any legislator would mean shunning the candidacies of New York City Finance Commissioner Martha Stark, Nassau County Comptroller Howard Weitzman and investment banker William Mulrow.

Though Mr. DiNapoli is, by some reports, the front-runner, Assemblymen Richard Brodsky of Westchester, Joseph Morelle of Rochester and Felix Ortiz of Brooklyn also are seeking the post.

If a majority of the Legislature really thinks Mr. DiNapoli or one of the other lawmakers should be comptroller -- on merit, that is, not simply because he's one of their own -- let's hear them say so when they convene to vote for a successor to Alan Hevesi.

Have them stand up, one by one, and say just that.

Make them say, for the record, that the best candidate for the job was a legislator who didn't make the final cut when the screening committee named three entirely qualified potential comptrollers.

When that roll call is finished, New Yorkers will have a very good idea where the real obstacles are to reforming the dysfunctional Legislature, starting with Assembly Speaker Sheldon Silver, followed by Senate Majority Leader Joseph Bruno.

They'll have an invaluable insight into what future showdowns might be like, who the good guys are and who the bad guys are, even after almost 70 percent of the voters last fall demanded change.

Selection of Mr. DiNapoli, an able legislator but an altogether unprepared candidate for comptroller, or one of the other lawmakers will amount to a declaration that the Legislature is stuck in the past.

It will mean that both its leaders and the membership that follows them think political spoils are more important than careful management of the state's $145 billion state employees pension fund.

It will mean war with a governor who wants to change the inbred culture of Albany.

If credentials and qualifications mattered so little, then Christopher Callaghan might as well have been elected comptroller last November.

He was the alternative -- honest, eager but still unsuitable -- to Mr. Hevesi, who since has pleaded guilty to a felony in connection with using state employees as household help.

Yet Mr. Hevesi was re-elected over Mr. Callaghan, by voters who thought they could count upon the Legislature to choose a comptroller of unimpeachable qualifications if he was forced out of office.

It is Mr. Silver's obligation especially to ensure as much.

The job that's still vacant is of course a critical one in state government.

But more is on the line as the Legislature prepares to fill that job, namely how far New Yorkers can trust it and what lengths they might have to go to fix it when the 2008 elections come around.

[Gabrielle]

"During those 200 years, these nations always progressed through the following sequence:

1. From bondage to spiritual faith;

2. From spiritual faith to great courage;

3. From courage to liberty;

4. From liberty to abundance;

5. From abundance to complacency;

6. From complacency to apathy;

7. From apathy to dependence;

8. From dependence back into bondage ...

What happens after bondage? Seems maybe we've been back to bondage and into spriritual faith again. Maybe great courage is where we're headed next. Maybe the cycle just repeats itself, AB.

[Livyjr]

Maybe the cycle just repeats itself, AB.

Ah, THE GREAT UNKNOWN .....

Which is what makes life so interesting, after all ....

At least to me .....

And no one can prove ...

That that "cycle" has any "absoluteness" associated with it .....

Although a study of history across the board seems to lend some credence to it ......

TOO MUCH CREDENCE, PERHAPS, TO MAKE ONE REJECT THE THEORY OUT OF HAND .... ....

AND HERE, IT MUST BE SAID .....

THAT HISTORY ....

IS A STUDY OF PEOPLE ....

WHETHER THEY ARE NAMED ....

OR NOT ....

Since dogs and cats and squirrels and such do not busy themselves being out there conquering other countries and such ....

Setting up EMPIRES ....

And all that seeming balderdash ...

Or I have never read of it, if they do ....

And so ...

HISTORY IS DIRECTLY RELATED TO HUMAN PSYCHOLOGY ....

WHAT SOME PEOPLE WILL DO TO OTHERS ....

WHAT SOME PEOPLE CAN STAND ....

BEING DONE TO THEM ....

BY OTHERS ....

And it must be considered ....

Especially in here where we are talking about CONSTITUTIONAL GOVERNMENT VERSUS "DEMOCRACY" ....

That at the time that statement was being made ...

1787 .....

The thirteen "United States of America" had just defeated the WORLD SUPERPOWER of that time .....

Great Britain ....

With the aid of France, of course ....

And back then ...

The demographics of the American population were much different than they are now ....

Especially with respect to the divisions in society as to wealth .....

Back then, America did not really have a lot of "rich" people ....

It had planters with a lot of land .....

People like Thomas Jefferson .....

But these people carried a lot of debt, as well ....

And so were not what could be called "independently wealthy" ....

1787, of course, was the year that the PEOPLE of the United States had determined that government under the ARTICLES OF CONFEDERATION was no longer sufficient to "govern" OUR affairs over here ....

And so ...

The CONSTITUTIONAL CONVENTION was held in Philadelphia to remedy the shortcomings in the ARTICLES OF CONFEDERATION ....

And OUR present form of federal government was then born ...

And the point that I make ..

And have made before in response to this "CYCLE" business ....

Is that in the Philadelphia Constitutional Convention .....

The delegates were largely classically trained .....

So that they knew this history as well as this Scottish professor did .....

And they knew that for OUR America to be enduring ....

In the face of this cycle ....

We needed a form of government different from all those which had come before .....

Because the lesson of history to them was ....

That governments of "men" fail for the same and predictable causes .....

At least related to the personality types that come up next on the wheel ....

So they did their best to give us today a form of government, CONSTITUTIONAL GOVERNMENT SOMEWHAT INSULATED FROM THE POPULAR WHIMS OF THE MOMENT, anyway ....

THAT COULD ENDURE THROUGH THOSE "MOMENTS" ....

WITH A MINIMUM OF DISRUPTION .....

TO THE LIVES OF PEOPLE WITHIN THE SOCIETY UNDER THAT FORM OF GOVERNMENT ....

WHICH I BELIEVE IS WHY "CONSERVATIVES" TRY TO "FREEZE" THE WHEEL WHERE IT IS ....

WHEN IT FAVORS THEM .....

As you likely know, Gabrielle ....

Human behavior is like a CONSTELLATION ....

Psychologists predict the behavior of groups ....

But the behavior of individuals is an entirely different equation .....

So that forces imposed by one group ....

Say the Romans in the times of Jesus ....

Spawn further forces .....

That sometimes might enhance a society ...

Or a civilization ....

But at the same time ....

Might also engender its downfall ....

At least in the case of Rome ....

Which exists in city form today, and that is all ....

I posted that bit about the cycle ....

Because I saw that e-mail as mindless fear-mongering ....

TO ME ....

But the fact that that e-mail is still going around out there ....

I have actually received it a couple of times now, from different directions ....

Always with the title "SCARY" ....

Indicates that someone at least is "AFRAID", perhaps ......

"HOW LONG DO WE HAVE?"

And my answer is always, "THE REST OF OUR LIVES ..."

For who is really going anywhere before that time is up?

I don't know if there is a "WE", Gabrielle .....

I see myself as a human being .....

Then as a citizen of America ....

And being a citizen of America is supposed to allow me LIBERTY OF CONSCIENCE .....

TO BE ALL THAT I CAN BE .....

As a human being ...

A "SOCIAL UNIT", if you will ....

"ONE" out of a society of "MANY" ....

WITHIN THE LAWS ENACTED FOR ALL OF OUR WELL-BEING ....

Things like not extending one's fist into the space of another individual ....

Not doing to others that which I would not tolerate being done to myself ....

And so .....

If "I" am part of a group called "WE" .....

Then those others in that same group ....

Would be like-minded ....

And so ...

There could be harmony among us ....

AT THE SAME TIME, HOWEVER ....

POLITICALLY .....

"WE" COULD BE DISENFRANCHISED ....

AND SUBJECT TO PERSECUTION AS A MINORITY ....

AND DISCRIMINATION ....

From some other group ....

And this takes us back to CONSTITUTIONAL GOVERNMENT ....

As opposed to DEMOCRACY .....

IF WE FIND OURSELVES BEING DISENFRANCHISED BY ANOTHER GROUP ....

AND BEING PERSECUTED .....

LIKELY WE ARE IN A DEMOCRACY ....

(See Heart of Darkness by Joseph Conrad, for example)

And when the pressure of that becomes too great ....

A rebellion occurs ....

Sometimes violent ....

Sometimes not .....

Viet Nam was an internal social revolution that was made into a war by the military intervention of the United States of America to re-impose a "class structure" on the people of Viet Nam who themselves were trying to escape from the bondage of French IMPERIALISM and the FEUDAL SYSTEM that French IMPERIALISM had imposed upon Vietnamese society .....

And then .....

The "cycle" starts anew ....

Or at least an observation of history indicates that it does ....

And so ....

[Livyjr]

And then .....

The "cycle" starts anew ....

Or at least an observation of history indicates that it does ....

And so ....

"Spitzer already having difficulties with Legislature"

By MARC HUMBERT, Associated Press

Last updated: 2:02 p.m., Wednesday, January 31, 2007

ALBANY -- If this is the honeymoon, just imagine what Gov. Eliot Spitzer's marriage with the New York Legislature is going to be like once they get the bags unpacked.

Already, Democrat Spitzer, who took office New year's Day, is at war with state Senate Republican Majority Leader Joseph Bruno over a special election on Long Island and with Assembly Speaker Sheldon Silver, a fellow Democrat, over the selection of a new state comptroller.

If that weren't enough, on the morning of his budget presentation, the New York Post reported that Spitzer recently had a heated conversation with state Assembly Minority Leader James Tedisco during which the governor, using an obscenity, called himself a "steamroller" who would "roll over you and anybody else."

Meanwhile, Spitzer and Silver are at odds over who the Legislature should elect to fill out the almost four-year term of Democrat Alan Hevesi as comptroller

Silver wants a Democratic Assemblyman to get the job while Spitzer wants one of three candidates -- all non-legislators -- recommended by a special panel.

"It's a battle of titans," said state Sen. Serphin Maltese, a Queens Republican who said it looks like whatever honeymoon the new governor had is effectively over.

"It's natural that it was going to happen eventually."

"I'm just amazed that it was so early."

"The bloom is off the rose," Tedisco told Albany's WROW-AM radio when asked about the Spitzer-Silver battle.

"One or the other is going to lose, big-time."

Democratic strategist Hank Sheinkopf, who helped run Spitzer's first successful campaign for state attorney general in 1998, said the tension between the governor and the Legislature shouldn't have come as a surprise, given the events and Spitzer's personality.

"There is more at stake earlier and, because of those events, the governor doesn't have a honeymoon and the Legislature has to do what it has to do to make sure it stays relevant with a highly popular governor," Sheinkopf said.

Sheinkopf said Spitzer will have to adjust.

"There's always a learning curve when you're a former prosecutor becoming an elected official who is not a prosecutor," he said.

"The facts are, in New York state government, you've got to deal with the Legislature."

"There's a built-in system of checks and balances the same way there is in the federal government."

"The president can't always get his way and the governor can't always get his way."

And by way of some official history, here .....

From the Archives of the State of New York ....

On who the governor of the State of New York is really supposed to be .....

According to OUR New York State Constitution ...

EXECUTIVE BRANCH

Office of Governor

Current Functions.

The governor, as chief executive officer of the State, is responsible for ensuring that the laws of the State are carried out.

The governor exercises executive power and authority over the administrative machinery of State government, including all departments, divisions, offices, bureaus, and commissions established by constitutional provision or by statute.

Organizational History.

New York's first constitution in 1777, and subsequent constitutions of 1821, 1846, and 1894, vested supreme executive power and authority in a governor.

Colonial precedents for a governor as executive officer were the director general, who administered New Netherland under the Dutch from 1624 to 1664; and the royal governor, who administered the colony under the British until 1776.

In April 1777, the Convention of Representatives of the State of New York (renamed the Fourth Provincial Congress) adopted the first State constitution, and two months later George Clinton was elected first governor of New York State.

New York's constitution of 1777 created the office of governor "to take care that the laws are faithfully executed" and "to transact all necessary business with the officers of government."

Executive power was restricted by means of a system of checks and balances, including the legislature, a Council of Appointment, and a Council of Revision.

"Spitzer prepares to take over after 12 years of Republican rule"

By MARC HUMBERT, Associated Press

Last updated: 11:02 a.m., Saturday, December 30, 2006

ALBANY -- Calling himself "the new CEO of the state," Eliot Spitzer says he has a "sense of excitement and anticipation" as he prepares to take over as New York's 54th governor on New Year's Day.

"There's an enormous amount to be done, so we'd better put on our body armor," he said.

"The stakes are big and the battles will be tough."

Spitzer faces the same divided state Legislature that the last Democratic governor, Mario Cuomo, and Pataki dealt with -- a Republican-led Senate and a Democratic-controlled state Assembly.

The notoriously gridlocked Legislature in 2004 earned the title of the nation's most dysfunctional.

Spitzer said he believes he can work with Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver, but he also says he will reach beyond them to rank-and-file lawmakers to move his agenda.

"All elected officials deserve to be heard," Spitzer said.

While there has been speculation Spitzer's ascendancy could lead to the ouster of Bruno or Silver -- or both -- the governor-elect said he won't assist any overthrows in the short term.

"There is a new CEO of the state and I'm going to run the state with my partners."

Nonetheless, Spitzer made it clear he plans to be the senior partner, saying he would "certainly do what a governor is supposed to do, which is to take the helm and say here are the priorities."

From pp.198,199 Dereliction of Duty - Lyndon Johnson, Robert McNamara, The Joint Chiefs of Staff, AND THE LIES THAT LED TO VIET NAM by H.R. McMaster .....

When (U.S. Ambassador Maxwell) Taylor returned to Saigon (December 1964), he undertook LBJ's charge to straighten out the South Vietnamese government seriously AND WITH ALL THE SUBTLETY OF A COLONIAL GOVERNOR.

Taylor invited a score of senior South Vietnamese commanders, including a group of influential officers whom Washington officials called the "Young Turks", to General Westmoreland's residence for a steak dinner, AT WHICH HE TOLD THEM THAT THE UNITED STATES COULD NO LONGER SUPPORT SOUTH VIETNAM IF THE MILITARY CONTINUED TO ENGAGE IN POLITICAL INTRIGUE.

He exacted from the generals a pledge to support the fledgling civilian government of Prime Minister Tran Van Huong and his interim legislative body, the High National Council.

Separately, Taylor notified Huong that if the South Vietnamese government demonstrated "minimum" effectiveness, the United States would consider commencing a program of "DIRECT MILITARY PRESSURE" on North Vietnam.

In the meantime the United States would monitor the government's progress and take military actions directed toward "REDUCING INFILTRATION AND WARNING THE GOVERNMENT OF NORTH VIETNAM OF THE RISKS IT IS RUNNING."

GENERAL WESTMORELAND'S STEAK DINNER PROBABLY GAVE THE SOUTH VIETNAMESE GENERALS A BAD CASE OF INDIGESTION.

ALTHOUGH THEY DEPENDED ON U.S. SUPPORT, THE YOUNG TURKS AND THEIR COMMANDER-IN-CHIEF, NGUYEN KHANH, WERE PAINFULLY AWARE OF THEIR COUNTRY'S HISTORICAL STRUGGLE AGAINST COLONIAL DOMINATION.

THESE PROUD MEN RESENTED ANY IMPLICATION THAT THEY HAD BECOME "PUPPETS" OF THE AMERICAN GOVERNMENT, SOMETHING THAT, IN ADDITION TO A PERSONAL AFFRONT, WOULD BE A BOON TO COMMUNIST PROPAGANDISTS AND AN OBSTACLE TO GAINING POPULAR SUPPORT.

Continued from pp.227 of War Comes to Long An - Revolutionary Conflict in a Vietnamese Province by Jeffrey Race .....

On the other hand, REVOLUTIONARY WAR (how OUR America came into being after 1776), AS AN ALTERNATIVE FORM OF ORGANIZED SOCIAL CONFRONTATION, differs from CONVENTIONAL WAR in several respects, all derived from two fundamental differences:

REVOLUTIONARY WAR IS A MEANS OF BRINGING ABOUT A DECISIVE SHIFT IN THE POWER RELATIONSHIP BETWEEN TWO FORCES, DIFFERENTIATED BY SOCIAL CLASS AND DRAWING UPON THE SAME TERRITORIAL BASE OF SUPPLY, WITH THE PHYSICAL CONFRONTATION OCCURRING WITHIN THE TERRITORIAL BASE FROM WHICH BOTH PARTIES DRAW THEIR PERSONNEL AND THEIR LOGISTIC SUPPORT.

These two pivotal differences - THE ONE SOCIAL, THE OTHER PHYSICAL - lead to a significant difference in the relative feasibility of attacking THE THREE TARGETS described in the preceding paragraph, as well as IN THE MEANS OF ATTACKING THESE TARGETS.

AS NOTED ABOVE, THE UNDERLYING ASSUMPTION OF CONVENTIONAL WAR IS THAT THE POPULAR ALLEGIANCE TO EACH SIDE WITHIN ITS TERRITORIAL BASE, AND THUS THE MOTIVATION OF ITS OPERATIVES, IS SUBSTANTIALLY UNCHALLENGED AND UNCHALLENGEABLE EXCEPT THROUGH PHYSICAL DESTRUCTION, WHICH THUS BECOMES THE PRINCIPAL MEANS OF ATTACK.

IN CONTRAST, THE UNDERLYING ASSUMPTION OF REVOLUTIONARY WAR - WE MIGHT CALL IT THE FIRST PRINCIPLE - IS THAT POPULAR ALLEGIANCE IS PRECISELY WHAT IS AT ISSUE.

"Spitzer's Senate choice wins - Victory in Nassau County for governor's handpicked candidate is a blow to Bruno"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Wednesday, February 7, 2007

ALBANY -- [u[Spitzer is at war with the Assembly Democratic majority over selecting a replacement for former state Comptroller Alan Hevesi, who resigned in December after pleading guilty to a felony charge of defrauding the government after using state employees as aides to his wife[/u].

The Assembly Democrats are poised to defy Spitzer's wishes today by rejecting three comptroller candidates selected by a screening panel and making one of their own members the state's top auditor.

"There could be no more fundamental dichotomy than the clear voice of the public calling out for reform and the failure of certain leaders to heed that call," Spitzer said Tuesday night.

"I am here as the voice of the people...and my patience with leaders who fail to heed that call has run its course."

Asked whether he meant that there would be repercussions for the Assembly Democrats if they go ahead with their comptroller plans, Spitzer said he had just been "making an observation."

EXTRA, EXTRA, EXTRA .....

READ ALL ABOUT IT ....

FIRST TRIUMVERATE CRUMBLES!

CIVIL WAR THREATENED!

SIDES ARE BEING TAKEN .....

LINES ARE BEING DRAWN ....

AS EL CAUDILLO SPITZER ....

GIRDS HIS LOINS ....

TO TAKE DOWN THE "IRON DUKE" OF RENSSELAER COUNTY ....

AND "POMPEIUS MAGNUS" SILVER ....

OF THE NEW YORK STATE ASSEMBLY .....

And speaking about EMPIRES .....

And "COLONIAL GOVERNORS" ....

And "GROUPS" .....

Or "CLIQUES" .....

AND WAR .....

And "spoiled children" .....

In positions of GREAT POWER AND AUTHORITY ....

Over US ....

WHO AM SOCIETY ....

We have ....

THE THINGS SPOILED AND PETULANT CHILDREN DO ....

WHEN THEY ARE GIVEN GREAT POWER ....

OVER THE LIVES OF OTHERS ....

IN A DEMOCRACY ....

WHERE THE CONSTITUTION IS BUT A FORGOTTEN VESTIGE ....

OF A PRIOR TIME ....

A JOKE IN OUR TIMES TODAY ....

WHERE WE IN FACT ARE RULED BY CAUDILLOS .....

INSTEAD OF BEING "GOVERNED" .....

BY MEN AND WOMEN OF REASON ....

AND SOBRIETY .....

INSTEAD OF PETULENCE ....

AND FITS OF PIQUE ....

AND MINDLESS RANTING AND RAVING .....

AND POWER-GRABS ....

And so ....

"Snub draws Spitzer's ire - Legislature's choice of DiNapoli for comptroller is a major defeat for governor that marks "turning point" in ties"

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

First published: Thursday, February 8, 2007

ALBANY -- Lawmakers chose one of their own as the new state comptroller Wednesday, defying Gov. Eliot Spitzer as they named Assemblyman Thomas P. DiNapoli, a Long Island Democrat, to be New York Stae's top fiscal watchdog.

DiNapoli defeated New York City Finance Commissioner Martha Stark by a 150-56 vote margin.

DiNapoli, of Great Neck, was not on the list of three Spitzer-backed finalists.

In electing him, lawmakers dealt the governor a major defeat barely a month after he took office with the promise to reform Albany.

Moreover, Assembly Democrats appear to have ignited a war with the governor.

The vote, Spitzer charged, "showed a stunning lack of integrity that is deeply troubling."

"You have just witnessed the insider game of self-dealing that unfortunately confirms every New Yorker's worst fear and image of all that goes on in the Legislature of this state," said Spitzer, who said the vote marked a "turning point" in his relationship with the Legislature.

Spitzer wouldn't rule out the possibility of campaigning against incumbent lawmakers two years from now if "reform candidates" he likes are running.

When asked if he would try to mount a specific challenge against legislative leaders or those who voted against him, Spitzer said now is not the time for such discussions.

Assembly Speaker Sheldon Silver, D-Manhattan, whose members overwhelmingly supported DiNapoli, downplayed any conflict with Spitzer, saying "I hope we can move on."

Because Assembly Democrats make up 106 members of the 212-seat Legislature, their votes greatly influenced the final outcome.

DiNapoli, who was sworn in an hour after the vote, said he just wants to get started in his new job.

The post has been vacant since the Dec. 22 resignation of Alan Hevesi.

The former comptroller, also a Democrat, quit after pleading guilty to defrauding the state in a scandal involving his use of state employees as aides for his ailing wife.

"This is an office that has been battered and needs to be repaired and that's what I've got to focus on," DiNapoli said, adding he wants to "hit the ground running."

While the contest to replace Hevesi had its share of issues, the overwhelming theme had become the battle between Spitzer and Silver.

The trouble started a few weeks ago, after the panel chosen by Spitzer, Silver and Senate Majority Leader Joseph L. Bruno, R-Brunswick, forwarded a list of three finalists: Stark; Nassau County Comptroller Howard Weitzman; and financier and Spitzer friend William Mulrow.

Five assemblymen vying for the job were not on the list.

Silver immediately labeled the panel a sham, saying the members -- former state Comptrollers Ned Regan and Carl McCall, and former New York City Comptroller Harrison Goldin -- asked no questions of the applicants and sat like "lumps on a log," during the two-day interview process.

Silver also said the original plan was to forward a list of five candidates, not three.

Spitzer's camp, though, said they were to forward "up to" five candidates.

The governor then started framing the issue in terms of his reform efforts versus an entrenched, self-serving Legislature.

As this war of words escalated, DiNapoli, who is popular among Democrats and Republicans, began building support in anticipation of a vote by the full Legislature.

The Legislature has the authority under the state Constitution to fill such vacancies.

While DiNapoli's support came from the Assembly and many Senate Republicans, Stark, an African-American, had the backing of the 28-member Senate Democratic minority, which had sided with Spitzer.

She also drew 25 votes from Assembly Republicans, two from Assembly Democrats, and three from Senate Republicans.

DiNapoli drew 104 votes from Assembly Democrats, 17 from Assembly Republicans, and 29 from Senate Republicans.

"We agreed on a process ... when we make agreements we will keep those agreements," said Senate Minority Leader Malcolm Smith, D-Queens.

The two Assembly Democrats who voted for Stark were Joan Millman of Brooklyn and Paul Tonko of Amsterdam.

Tonko is said to be Spitzer's possible choice to head the state Energy Research and Development Authority.

Some lawmakers initially said Rochester-area Assemblyman Joseph Morelle had an edge due to his status as an upstater.

They noted that all Democratic statewide officeholders -- Spitzer, Lt. Gov. David Paterson and Attorney General Andrew Cuomo -- were from New York City, and an upstater would balance the ticket in the 2010 election.

DiNapoli is not from upstate, but he is a suburban lawmaker, which could help ease the concerns about a government dominated by New York City figures.

As comptroller, DiNapoli is responsible for producing audits of state and local government units, and he approves public contracts.

The comptroller is also the sole trustee of the state's $145.7 billion public employee pension fund.

DiNapoli said he planned to be impartial.

"I'm going to call the shots as I see them," he said.

"I don't intend to be anybody's lapdog."

"I intend to be a watchdog."

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

Thomas P. DiNapoli, 53 Great Neck, Nassau County

Last job held: Assemblyman, Democrat; until Wednesday represented the 16th District on Long Island.

Was chairman of the Environmental Conservation Committee; elected to the Assembly in 1986 Legislative accomplishments: laws banning MTBE gas additive, and efforts to protect pine barrens and other open space on Long Island and other locations.

EDUCATION: Graduate of Mineola high school; Hofstra University, history degree.

Has a masters in human resource management from The New School University.

end quotes

"You have just witnessed the insider game of self-dealing that unfortunately confirms every New Yorker's worst fear and image of all that goes on in the Legislature of this state," said Spitzer, who said the vote marked a "turning point" in his relationship with the Legislature .....

NO, EL CAUDILLO ......

ACTUALLY ....

YOU ARE MISTAKEN ....

WHAT WE HAVE JUST SEEN ....

IS AN EXERCISE IN GOVERNMENT ....

HERE IN THE STATE OF NEW YORK ....

THAT WAS IN STRICT CONFORMANCE ....

WITH WHAT OUR CONSTITUTION CALLS FOR .....

A CONSTITUTION THAT YOU HOLD TO BE A MOCKERY .....

AS YOU TRY AND SET YOURSELF UP AS "OUR LEADER" ....

"THE VOICE OF THE PEOPLE"

WHICH IS A USURPATION OF THE FUNCTION OF OUR STATE ASSEMBLY, ACCORDING TO OUR HISTORY AND CONSTITUTION .....

WHEN ALL YOU REALLY ARE ....

IS THE GOVERNOR ....

ACCORDING TO THE CONSTITUTION ....

AND THE LAW ....

And so ...

[Livyjr]

"Newsmaker: Lobbying chief wants to head new state ethics agency"

By MARK JOHNSON, Associated Press

Last updated: 2:23 p.m., Thursday, February 8, 2007

ALBANY -- The state's top lobbying watchdog said Thursday he wants to run the far-reaching new ethics agency being championed by Gov. Eliot Spitzer and agreed to by legislative leaders.

Lobbying Commission Executive Director David Grandeau, who has investigated lobbyists in high-profile cases involving Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno, made his pitch for the job on the same day he announced a new "lobbyist tracker" on the commission's Web site.

"It's what I've devoted my career to," Grandeau told The Associated Press.

"I've been doing this for 12 years."

"I have not been doing this to make friends in the political establishment."

"In fact, the exact opposite has happened."

Spitzer spokesman Darren Dopp said the board overseeing the new agency would likely conduct a search for an executive director.

"We would advocate that he (Grandeau) would be considered ... he'd be a formidable candidate based on what he's done over the last decade," Dopp said.

Grandeau, who has had public disagreements with Spitzer in the past, told the AP he is a "fan" of the governor and supports his efforts to reform Albany.

"I get a kick out of people that are willing to come forward and say what they think," he said.

"I like when people kick ass and take names and the fallout will be the fallout."

Last month's ethics agreement will create a new Commission on Public Integrity to enforce rules governing lobbyists and employees in the executive branch.

The agreement also calls for a ban on gifts to lawmakers and quadruples the penalties for violating ethics laws.

The new commission will include 13 members, seven of whom will be appointed by the governor.

While the legislation to create the commission still has to be approved by the Legislature and signed by Spitzer, support from the leaders of the Senate and Assembly virtually guarantees passage.

Lawmakers will not be subject to the new commission's oversight, but instead will come under a Legislative Ethics Commission including five "independent" New Yorkers with no ties to the Legislature or lobbying for at least five years.

The current Legislative Ethics Committee has been criticized by good-government groups as ineffective and secretive in handling complaints against lawmakers.

Grandeau said he told the Spitzer administration before it announced the new agency that it would work better if it included all organizations policing ethics in Albany, including the Legislative Ethics Committee, the state Inspector General's office and the Board of Elections.

"Anytime you're dealing with public integrity, if it's worth having a little fight, it's worth having a big fight," Grandeau said.

"Maybe next time you'll get legislative ethics included.

"Having said that, consolidating two is better than not consolidating at all," he said of the eventual compromise.

Separately, Grandeau said the new online "lobbyist tracker" and "procurement tracker" databases on the Lobbying Commission's Web site will allow users to follow the contacts made between lobbyists and state officials.

Grandeau sent letters to legislators and all state agencies asking them to let the lobbying commission know when a lobbyist comes calling.

Grandeau said he doesn't expect more than a handful of lawmakers to cooperate.

"My guess is at the end of the day they won't," he said.

They have "no problem with unfunded mandates to other people, but they don't like additional burdens."

----------

On the Net:

State Lobbying Commission: http://www.nylobby.state.ny.us/

[Livyjr]

"Minority leader sees new Senate - Queens Democrat insists Republicans may soon be switching to his party"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Thursday, February 8, 2007

ALBANY -- In the wake of a Long Island special election victory that added a seat to his conference, Senate Minority Leader Malcolm Smith reiterated Wednesday that several Republican senators may soon switch parties, potentially tipping the Senate into Democratic hands.

Smith, a Queens Democrat, refused to name names or say exactly how many majority members he has spoken to.

But he insisted that "we are in the zone" of a potential agreement with them.

Last weekend, Smith predicted that if the Democratic candidate in Tuesday's 7th Senate District special election, Craig Johnson, was successful, at least two Senate Republicans might switch sides.

Johnson defeated his Republican opponent, Maureen O'Connell, whittling the Republican Senate majority to 33-29.

If two senators joined the Democrats, the chamber would be tied.

The tiebreaker would be Lt. Gov. David Paterson, the former Senate minority leader.

Senate Majority Leader Joseph L. Bruno, R-Brunswick, released a statement congratulating Johnson on Wednesday, but noted:

"We still have the majority in the Senate, and our conference will go forward, strong and united and committed to ensuring accountability, providing checks and balances, and delivering results for our constituents."

Earlier this week, Bruno dismissed the idea that any of his members might be lured away by the Democrats -- a tactic he has employed himself in the past in an effort to bolster his conference.

Bruno said he had spoken to the two senators whose names are most-often mentioned as potential flippers and received assurances they have no plans to defect.

They are Joseph Robach, a Democrat-turned-Republican from the Rochester area, and John Bonacic, of the Hudson Valley, the only senator to call for Bruno to relinquish his leadership role after he revealed his business interests are under FBI investigation.

Robach and Bonacic broke with fellow Senate Republicans on Wednesday to side with Gov. Eliot Spitzer in the state comptroller vote and supported New York City Finance Commissioner Martha Stark over former Assemblyman Thomas DiNapoli, a Long Island Democrat.

Sen. George Maziarz, R-Lockport, also voted for Stark.

Robach said Wednesday that he is proud to be a member of the Senate majority, adding: "That is where I am staying."

Bonacic, who met privately with Spitzer in recent weeks, said last Friday that he has no intention of switching sides.

Elizabeth Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.

[Livyjr]

EXTRA, EXTRA, EXTRA .....

READ ALL ABOUT IT ....

FIRST TRIUMVERATE CRUMBLES!

CIVIL WAR THREATENED!

SIDES ARE BEING TAKEN .....

LINES ARE BEING DRAWN ....

AS EL CAUDILLO SPITZER ....

GIRDS HIS LOINS ....

TO TAKE DOWN THE "IRON DUKE" OF RENSSELAER COUNTY, "BIG JOE" BRUNO ......

ALIAS "CRASSUS" .....

AND "POMPEIUS MAGNUS" SILVER ....

OF THE NEW YORK STATE ASSEMBLY .....

And so ....

If "EL CAUDILLO" .....

Eliot Spitzer .....

Lord Cornbury ....

The ROYAL GOVERNOR ....

Up from New York City ....

To view his possessions and holdings ....

In upstate New York .....

Including the colonial legislature .....

Presided over by the "IRON DUKE" ....

"BIG JOE" Bruno ....

And Sheldon Silvers .....

Were to have been governor .....

Back when Teddy Roosevelt was the New York State Assembly MINORITY LEADER ....

OR ....

If Teddy Roosevelt were to be New York State Assembly MINORITY LEADER today .....

Instead of that Jim Tedisco who is in there now .....

And "EL CAUDILLO" Spitzer ....

Were to make that "I'M A ****ING STEAMROLLER, BABY, AND I'LL ROLL ALL OVER YOU" comment to old Teddy Roosevelt .....

It is my thought ....

And my bet ....

That unlike Jim Tedisco ....

Old Teddy Roosevelt would have looked at his watch .....

And said to "EL CAUDILLO" .....

"YOU KNOW WHAT, I'VE GOT SOME TIME, SO I THINK I'LL JUST TRY ON SOME OF THAT STEAMROLLER STUFF FOR SIZE ..."

And then ....

It's my bet, anyway ...

That old Teddy Roosevelt would have waded right on into "EL CAUDILLO" ....

And old Teddy Roosevelt would given "EL CAUDILLO" Spitzer some "what for", alright ....

That would have left "EL CAUDILLO" whimpering in a heap ....

And old Teddy Roosevelt saying, "STEAMROLLER, MY *** ...."

As he walked away .....

A TRUE PROTECTOR .....

OF GOVERNMENT ....

OF ....

BY ....

AND FOR ....

THE PEOPLE ....

AS OUR NEW YORK STATE CONSTITUTION INTENDED .....

And so ....

EL CAUDILLO RULES!

VIVE EL CAUDILLO!

"Governor unleashes on lawmakers - Comptroller showdown sparks heated denunciations from Spitzer as he visits Assembly members' home districts"

By MICHAEL COOPER and DANNY HAKIM, New York Times

First published: Friday, February 9, 2007

ALBANY -- The battle between Gov. Eliot Spitzer and state lawmakers erupted into an all-out war on Thursday, as the governor began to visit the districts of fellow Democrats in the Legislature to assail their decision to make one of their colleagues the state's top financial officer.

During a swing through Syracuse that was originally scheduled for the governor to promote his budget priorities, Spitzer denounced a local assemblyman, William B. Magnarelli, for reneging on the agreement that the Legislature had made to select a comptroller from a list of candidates put forward by a screening committee.

"Bill Magnarelli is one of those unfortunate Assembly members who just raises his hand when he's told to do so, and didn't even bother to stand up and say, 'Who's interest am I representing?' " he told The Post-Standard of Syracuse on Thursday.

It was, by Albany standards, a shocking breach of etiquette for a sitting governor to lambaste a colleague from his own party in his home district.

The governor canceled a getting-to-know-you lunch with Assembly Democrats next Monday, as well as a $10,000-a-head fundraiser next week for the Democratic Assembly Campaign Committee that he was headlining.

And several stops on his budget tour were scheduled for the districts of Assembly Democrats who had sided with the Assembly speaker, Sheldon Silver, in the comptroller battle -- including some who hold seats in swing districts where the Republicans could be expected to make inroads.

The governor's bellicosity has stunned lawmakers.

"The tone of the governor's comments are just awful," said Assemblyman Richard L. Brodsky, a Westchester County Democrat who was in the running for the comptroller post.

"It is one thing to have an argument, but to attack Billy Magnarelli personally -- it isn't politics."

"It is absolutely possible to agree or disagree with the governor or the speaker without being morally inferior," he said

"We will listen with respect to the governor when he speaks respectfully to us, and we will do what we have to do to serve the public's interest."

Trying to break the hold that Silver has on his Assembly members, aides to the governor began reaching out Thursday to individual Assembly members, defying the usual protocol for negotiating only through the leadership.

The aides were telling lawmakers that the governor could have unilaterally appointed a comptroller before the Legislature went into session on Jan. 3, but chose not to, said one aide who was making calls.

They also told lawmakers that Spitzer had asked for permission to directly address the Democrats in the Assembly about the comptroller selection, but was refused by Silver.

And they told members that the Assembly was blocking several of their proposals.

[Livyjr]

And speaking about the "IRON DUKE" ......

"New subpoenas suggest Bruno inquiry widening"

By MIKE McINTIRE, New York Times

First published: Friday, February 9, 2007

A federal grand jury investigating the business dealings of Joseph L. Bruno, the New York state Senate majority leader, has issued subpoenas to two more companies that had been affiliated with an Albany businessman who is his friend and business associate, according to documents filed with securities regulators.

The subpoenas were received on Monday by Motient Corp. in Illinois and its subsidiary, TerreStar Networks, a Virginia provider of mobile satellite communications services, Motient disclosed in papers submitted to the Securities and Exchange Commission on Thursday.

The Albany businessman, Jared E. Abbruzzese, resigned as chairman of TerreStar last month and had previously been a consultant to Motient.

The scope of the subpoenas, which sought documents related to Bruno, Abbruzzese and other unidentified people and companies, suggested that the federal investigation of Bruno's business activities is widening.

Although the nearly yearlong inquiry is believed to have focused on a consulting business the senator ran out of his home -- whose clients included Abbruzzese -- an array of Bruno's financial activities have also come under scrutiny in recent months.

The grand jury has issued subpoenas for information on Bruno's financial records and real estate investments; a consulting arrangement he had with an Albany-based investment firm; his dealings with a veterinarian with whom he owned racehorses; a $500,000 state grant he directed to an upstate company, Evident Technologies, in which Abbruzzese was an investor; and records of a state lobbying commission's inquiry into Bruno's use of airplanes provided by Abbruzzese.

Bruno has denied any wrongdoing.

His spokesman had no comment on the subpoenas Thursday.

A message left for Stephen R. Coffey, a lawyer for Abbruzzese, was not answered.

Attempts to reach Abbruzzese were unsuccessful.