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

[Livyjr]

"Spitzer continues fight over NY comptroller as Hevesi sentenced"

By MARK JOHNSON, Associated Press

Last updated: 4:24 p.m., Friday, February 9, 2007

ALBANY -- As the state comptroller who was forced to resign over an ethics scandal was sentenced Friday, the battle over his successor raged on between Gov. Eliot Spitzer and Assembly Speaker Sheldon Silver.

Former Democratic Comptroller Alan Hevesi resigned in disgrace in December after pleading guilty to a felony charge of defrauding the government by using state employees as drivers and personal assistants for his wife.

Under a plea deal with Albany County prosecutors, Hevesi, 66, was sentenced Friday to pay a $5,000 fine but received no jail time or probation for the crime.

He has repaid the state more than $206,000 for use of the employees.

That closes the Hevesi case, but fallout from the controversy has led to a schism between Democrats Spitzer and Silver that threatens to derail reforms Spitzer promised during his campaign.

On Wednesday, the state Legislature filled the comptroller vacancy by appointing Assemblyman Thomas DiNapoli to the $151,500-a-year position.

The move angered Spitzer, who said the Legislature's rejection of three finalists chosen for the job by a panel of former state and New York City comptrollers showed "a stunning lack of integrity that is deeply troubling."

Spitzer said lawmakers had reverted to "the Albany status quo," leaving campaign finance and legislative redistricting bills out of reach.

The next day, Spitzer said DiNapoli was "thoroughly and totally unqualified for the job."

And on Friday, the Spitzer camp turned the heat still higher when an aide said the governor canceled a lunch with Assembly Democrats he had planned to attend Monday at the state Capitol and won't headline a fundraiser Thursday in New York City for the Assembly Democrats.

Spitzer spokeswoman Christine Anderson said the cancellations were "self explanatory."

During a stop in Syracuse on Thursday, Spitzer tore into one of Silver's Assembly allies who voted for DiNapoli for comptroller, according to The Post-Standard newspaper.

"Bill Magnarelli is one of those unfortunate Assembly members who just raises his hand when he's told to do so, and didn't ever stand up and say, 'Whose interest am I representing?'" Spitzer said of the Syracuse Democrat.

Silver struck a conciliatory note Friday, saying he wanted to move beyond the fight over the comptroller's job and work with Spitzer on the state budget and other issues.

He noted his longtime support for Spitzer.

"One of the attractive things about him is his passion, his intensity," Silver told The Associated Press.

"That's what I think you're seeing playing out now."

"I hope to have that energy, that passion to join him and resolve the real issues that face this state."

Spitzer and Silver's disagreement over the comptroller's job goes back to the October state Ethics Commission report that said Hevesi violated the law when he used staffers to chauffeur his wife.

Silver questioned the motives of the Ethics Commission and its chairman -- Paul Shechtman, an appointee of Republican Gov. George Pataki -- for releasing the report shortly before the November election.

Silver's criticism came as then-Attorney General Spitzer's office was preparing its own report, which reached many of the same conclusions as the Ethics Commission.

Spitzer withdrew his support for Hevesi a few days after the Ethics Commission's report was released, while Silver did not.

On Friday, Hevesi appeared in Albany County Court nearly two months after he resigned.

Judge Stephen Herrick told Hevesi that his actions were "totally unacceptable" and led to his becoming "a symbol, an icon" for government reform in Albany.

"Your fall from grace has been total and from a very great height," Herrick said.

It was "your ongoing, flagrant violation of the rules of ethics that have caused you to be removed from your position."

Before being sentenced, Hevesi apologized to his family, his former staff and the people of New York state for his actions.

"I'm culpable."

"I'm responsible."

"I apologize," Hevesi told the judge.

After sentencing Friday, Hevesi gave DiNapoli a vote of confidence.

"I think Tom will be excellent," he said.

Hevesi's resignation and guilty plea ended a political career that included 22 years in the state Assembly, eight years as New York City comptroller and four years as state comptroller.

He had faced a maximum penalty of 1 1/3 to four years in prison.

[Livyjr]

"Spitzer continues fight over NY comptroller as Hevesi sentenced"

By MARK JOHNSON, Associated Press

Last updated: 4:24 p.m., Friday, February 9, 2007

ALBANY -- As the state comptroller who was forced to resign over an ethics scandal was sentenced Friday, the battle over his successor raged on between Gov. Eliot Spitzer and Assembly Speaker Sheldon Silver.

That closes the Hevesi case, but fallout from the controversy has led to a schism between Democrats Spitzer and Silver that threatens to derail reforms Spitzer promised during his campaign.

On Wednesday, the state Legislature filled the comptroller vacancy by appointing Assemblyman Thomas DiNapoli to the $151,500-a-year position.

The move angered Spitzer, who said the Legislature's rejection of three finalists chosen for the job by a panel of former state and New York City comptrollers showed "a stunning lack of integrity that is deeply troubling."

Spitzer said lawmakers had reverted to "the Albany status quo," leaving campaign finance and legislative redistricting bills out of reach.

The next day, Spitzer said DiNapoli was "thoroughly and totally unqualified for the job."

THE CONSTITUTION OF THE STATE OF NEW YORK

As Revised, with Amendments Adopted by the Constitutional Convention of 1938 and Approved by vote of the People on November 8, 1938.

As Amended and in Force January 1, 2002, but with November 2003 results included

ARTICLE V - Officers and Civil Departments

Section 1. The comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV.

The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general.

No election of a comptroller or an attorney-general shall be had except at the time of electing a governor.

The comptroller shall be required:

(1) to audit all vouchers before payment and all official accounts;

(2) to audit the accrual and collection of all revenues and receipts; and

(3) to prescribe such methods of accounting as are necessary for the performance of the foregoing duties.

The payment of any money of the state, or of any money under its control, or the refund of any money paid to the state, except upon audit by the Comptroller, shall be void, and may be restrained upon the suit of any taxpayer with the consent of the supreme court in appellate division on notice to the attorney-general.

In such respect the legislature shall define the powers and duties and may also assign to him or her:

(1) supervision of the accounts of any political subdivision of the state; and

(2) powers and duties pertaining to or connected with the assessment and taxation of real estate, including determination of ratios which the assessed valuation of taxable real property bears to the full valuation thereof, but not including any of those powers and duties reserved to officers of a county, city, town or village by virtue of sections seven and eight of article nine of this constitution.

The legislature shall assign to him or her no administrative duties, excepting such as may be incidental to the performance of these functions, any other provision of this constitution to the contrary notwithstanding.

http://www.senate.state.ny.us/lbdcinfo/senconstitution.html

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NEW YORK STATE EXECUTIVE LAW - ARTICLE 4 - DEPARTMENT OF AUDIT AND CONTROL

S 40. Department of audit and control; comptroller.

There shall continue to be in the state government a department of audit and control.

1. The head of the department of audit and control shall be the comptroller.

He shall be paid an annual salary of one hundred fifty-one thousand five hundred dollars.

2. The organization of the department of audit and control is continued until changed by or pursuant to law.

The comptroller may establish such divisions, bureaus, sections and units in the department as he may deem necessary and may consolidate, alter or abolish any of them.

3. The functions of the comptroller, and his powers and duties pertaining thereto, shall be exercised and performed in the department of audit and control by the comptroller and by such divisions, bureaus, sections, units and officers in the department as he may designate.

S 41. Deputies and assistants; undertakings. 1. The comptroller shall appoint eight deputies, one of whom shall be the first deputy comptroller.

Such deputies shall receive annual salaries to be fixed by the comptroller within amounts appropriated therefor.

Each of such deputies may perform any of the powers or duties of the comptroller.

2. The comptroller also may appoint such other officers, assistants and employees as he may deem necessary for the exercise and performance of his powers and duties and those of the department.

Such officers, assistants and employees shall receive such compensation as may be fixed by the comptroller within the amounts appropriated therefor.

S 41-a. Deputy comptroller for the city of New York.

In addition to the deputies otherwise authorized by law, the comptroller shall, by and with the advice and consent of the senate, appoint a deputy comptroller for the city of New York.

Such deputy may be removed or replaced by the comptroller and shall receive an annual salary to be fixed by the comptroller within the amounts appropriated therefor.

Such deputy may perform any of the powers or duties of the comptroller and he shall assist the New York state financial control board created pursuant to section five of the New York state financial emergency act for the city of New York in carrying out and exercising the responsibilities assigned and powers granted to such board.

S 42. Supervision of money paid into court.

The comptroller shall have power, at any time, to examine the books, papers, records and accounts of any public office or officer of the state, or of any
subdivision of the state in anywise relating to moneys or securities paid into court or ordered by any court of record or required by statute to be so paid.

S 43. Examiners.

1. Whenever the comptroller may deem it necessary to enable him to perform the duties imposed upon him by law with regard to the inspection, examination and audit of the fiscal affairs of the state or of the several officers, departments, institutions, public corporations or political subdivisions thereof, he may assign the work of such inspection, audit and examination to any examiner or examiners appointed by him pursuant to law.

2. The comptroller is authorized to employ such examiners as he may deem necessary to carry out the provisions of law in relation to his duty as to money paid into court.

S 44. Records and data in aid of audit; destruction of certain papers.

1. Where powers and duties of the comptroller relate to moneys, funds or securities of the state, or to state appropriations, or to funds and securities administered under state supervision, or to obligations of the state or of state agencies, the comptroller, except as provided in subdivision two of this section, shall preserve all data and records pertaining to his acts and proceedings in the exercise and performance of such powers and duties, and of his transactions with other public officers, and with corporations and individuals, in connection therewith, to the end that the necessary information acquired by him through such acts, proceedings and transactions may be at all times available as an aid to the comptroller and his successors in exercising the functions of audit of vouchers, official accounts, accrual and collection of revenues and receipts, and of prescribed methods of accounting.

2. Notwithstanding any other provision of this article, the comptroller may destroy any of the following described papers now or hereafter in the custody of the department of audit and control after they have been in such custody six years or more:

a. Estimates and requisitions of state departments, commissions, boards, bodies, officers and institutions;

b. Working papers;

c. Unsuccessful bids;

d. Any other papers which, in the judgment of the comptroller, are not and will not be of use in connection with audits, accounts and accountings, accrual and collection of revenues and receipts or payments of moneys from the state treasury or from any fund or funds in his custody.

The comptroller shall not destroy any papers which in his judgment might be of historic value without first submitting a description thereof to the commissioner of education and obtaining his consent to their destruction.

This subdivision shall not authorize the destruction of any papers the preservation or production of which shall have been directed by a court or judge for the purposes of an action or proceeding.

S 45. Authority to represent the state as owner of abutting property.

Whenever by law owners of property abutting upon a street or highway, or any number or percentage thereof, are authorized to petition or otherwise initiate any proceeding respecting the use, occupation or improvement of such street or highway, or the consent of such owners or of any number or percentage thereof is a prerequisite to the use, occupation or improvement of a street or highway, the comptroller in behalf of the state, upon the approval of the attorney-general, is authorized to join in any petition, take any action or consent to the use, occupation or improvement of such a street or highway, affecting the property of the state abutting upon such street or highway, with the same force and effect, and subject to the same limitations and conditions, as the owners of other property abutting upon such street or highway.

[Livyjr]

"Regrets? We have a few - Like so many New Yorkers, we foolishly believed that real reform had come to Albany"

Albany, New York Times Union

First published: Friday, February 9, 2007

We were wrong.

Terribly wrong.

To every reader who took our advice last November and voted for Alan Hevesi, we owe a huge apology.

What we predicted then -- namely, that elected state officials would choose a qualified replacement for Mr. Hevesi, who was forced to resign for misusing state funds -- could not not have been more off the mark.

As it turned out, the new state comptroller, Democratic Assemblyman Tom DiNapoli of Long Island, is hardly the most qualified among those who had sought the post, and not even close to the three finalists chosen by an independent screening panel.

We do beg our readers' forgiveness on one point, however.

We believed that a new era was dawning in Albany, as Gov. Eliot Spitzer rode into office with a huge voter mandate for reform.

For some brief shining moments -- all of about six weeks -- it appeared that way.

Certainly there was reason for hope when Gov. Spitzer, Assembly Speaker Sheldon Silver, D-Manhattan, and Senate Majority Leader Joseph Bruno, R-Brunswick, agreed to abide by a list of comptroller nominees submitted by the panel.

The legislative leaders did not have to agree to such a process, of course, because the state constitution gives the power to appoint an interim comptroller to the Legislature.

Nonetheless, in a welcome spirit of reform, Mr. Silver and Mr. Bruno agreed to put politics aside and agreed to a selection process based on merit alone.

Or so it seemed.

The minute the panel came up with a list of three qualified applicants, Mr. Silver began to renege on his word, ostensibly because the list did not include five names, as he insisted the agreement specified.

But that was a smoke screen.

His real objection was to the lack of any member of the Assembly on the list and, in particular, the absence of Assemblyman DiNapoli's name.

All of a sudden, the mask of reform came off, revealing the ugly face of politics as usual.

And now, in defiance of Mr. Spitzer and in total disregard for its duty to appoint a highly qualified comptroller, the Legislature has chosen Mr. DiNapoli, who has a good record on environmental issues but whose financial expertise, so essential to managing a state pension fund of $145 billion, is thinner than that of Christopher Callaghan, Mr. Hevesi's Republican opponent last fall.

And what if Mr. DiNapoli surprises us and proves to be an effective, independent comptroller?

It could happen, of course.

But nothing he does in office will erase the fact he owes his post to clubhouse politics.

Which is to say, he will never be seen as the face of reform.

[Livyjr]

"Now, it's Spitzer the statesman who needs to step forward"

Fred LeBrun, Political Analyst, Albany, New York Times Union

First published: Friday, February 9, 2007

Spitzer got himself politically bloodied Wednesday over the Legislature's choice of a new comptroller.

The governor had it coming.

If you're going to play the bully -- and Spitzer has with the Legislature over this -- you better have the muscle to back it up, as in the votes.

He didn't.

His persuasive charm was not enough.

Eliot Spitzer, it seems, has a lot to learn about effective governing.

Primarily, that he can't do it alone, nor should he.

He must learn to play well with others.

We like our state constitution with its separation of powers.

Frankly, Spitzer makes a lousy Louis XIV, as in "I am the state."

For another, he needs to leave behind the professional attitude of his old job as an eternally arrogant, in-your-face prosecutor and take on a more conciliatory, statesman-like demeanor.

Otherwise nothing will get done during the budget negotiations ahead and we will have the latest budget passage in state history.

And worst of all, because of his confrontational posture and ham-fisted tactics, the best chance in memory for genuine reform in the way Albany does business will be diminished or lost.

And for still another, he has to learn to hold his tongue when he doesn't get his way.

After his candidate, New York City Finance Commissioner Martha Stark, was beaten by the Assembly's preference, Tom DiNapoli, 150-56, Spitzer lost it.

The vote, he said, "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 fears and image of all that goes on in the Legislature of this state."

Translation of this totally unfair tirade:

"How dare you defy me."

How dare you, governor, try to steer the process for picking your own auditor?

The truth is, it was Spitzer who screwed this up big time by publicly ridiculing and disparaging the entire block of legislators as unfit for the job of comptroller.

I have never seen legislators as a group as viscerally angry as they have been with the governor over this back-handed dismissal.

And it wasn't Assembly Speaker Shelly Silver versus the governor on this, either, as some in the media have portrayed it.

The rank and file members of the Democratic conference are the ones who insisted on exercising their constitutional obligation without interference.

I believe if it were up to Silver, he would have found a way to give Spitzer what he wanted so they could move on to pressing budget matters with at least some sense of collegiality.

But Silver's conference absolutely would not let him do that.

There would have been an open revolt if Silver had tried.

In this instance, at least, the pejorative image of three men in a room doesn't fit what happened.

Silver wasn't directing what the Assembly would do; he was merely the messenger of their collective intentions, and a rather subdued messenger at that.

In the end, the Legislature made the best of a bad deal and they are to be commended for it, not vilified.

It would have been far easier to buckle to the governor than defy him, so they did not take the easy path.

But preserving the separation of powers is important -- critical -- regardless of what reforms need to take place.

The governor would leap right over that separation to achieve what he sees needs doing.

Those who agree with him, those who feel the Legislature should have kowtowed to his wishes, fall into the oldest trap there is: that the ends justify the means.

Tom DiNapoli will make a fine comptroller.

He has undisputed integrity and promises to be a diligent fiscal watchdog over the governor and his agencies.

He's smart and diplomatic, and knows his way around Albany's halls of power, which is essential for the job.

He's respected on both sides of the aisle.

If anything, Eliot Spitzer could learn a thing or two from Tom DiNapoli.

LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.

[Livyjr]

"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."

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."

And while we are on this subject .....

Of alleged REFORM ....

In New York State government .....

Let's look at some previous history .....

Of alleged REFORM .....

In the CORRUPT EMPIRE ....

Of New York ....

Gotham Gazette - http://www.gothamgazette.com/article//20050704/202/1472

"Surrogate's Court And Why It Should Go"

by Gary Tilzer

04 Jul 2005

Last week, Brooklyn Surrogate's Court Judge Michael Feinberg was removed from the bench because he committed misconduct by improperly awarding nearly $9 million in fees to attorney Louis R. Rosenthal, his long-time friend.

The fees in question were taken from the estates of Brooklyn's dead, their widows and orphans.

In a unanimous decision, the state's highest court upheld Feinberg's ouster by the Commission on Judicial Conduct and ruled that his actions "debased his office and eroded public confidence in the integrity of the judiciary."

Feinberg never denied he gave the money to his friend -- in fact he freely admits he did -- but said the payments were justified and in keeping with long-time practice in Brooklyn Surrogate's Court.

Surrogate Feinberg was among a small group of judges, lawyers and politicians who make their living from a court that for over 100 years has been at the center of judicial, legal and political corruption in New York City.

Yet it has survived many attempts to eliminate it.

If anything, today's politicians are more shameless than ever.

On June 24, the entire New York State government acted to ensure that the Brooklyn Surrogate's Court will continue to benefit politicians and politically connected lawyers.

In the middle of the night, both houses of the legislature passed a bill to create 21 new judgeships throughout the state -- including a second Surrogate's Court judge in Brooklyn.

The bill was submitted by Governor George Pataki and passed later the same day -- without any hearings or public discussion.

Since the law will take effect August 1, after the filing date for the September primary, Brooklyn's political leaders -- the very same people who selected Feinberg -- will get to choose another judge.

This latest episode and the disclosure of Feinberg's abuses should serve as an impetus finally to eliminate the court that Senator Robert Kennedy called "a political toll booth exacting tribute from widows and orphans."

Once informally known as "the widows and orphans court," the Surrogate's Court handles estates from people who die without a proper will.

In doing this, it funnels millions of dollars a year to lawyers who serve as guardians.

The prospect of appointing lucrative guardianships has motivated generation after generation of machine politicians and establishment lawyers to capture a Surrogate spot for one of their trusted judges, who then spreads the largesse among the party faithful.

Often the fees they charge eat up substantial assets.

For example, reclusive tobacco heiress Doris Duke, who died in 1993, wanted her estate of $1.2 billion to go toward the improvement of humanity.

But a dispute over the estate in Manhattan Surrogate's Court became what one lawyer called the "world series of litigation," with big name law firms vying for a piece of the pie.

The political establishment and media seem to have lost past generations' moral outrage at the corruption there.

Even the well-informed tend to see Surrogate Feinberg's misconduct and other similar incidents as isolated problems.

This year three candidates are vying for a rare open seat on Manhattan Surrogate's Court, but the campaign has not featured any debate over the way the court works.

A CULTURE OF PATRONAGE AND SYSTEMIC CORRUPTION

Earlier this year, political consultant Norman Adler told the New York Observer that politicians cherish the court for "the same reason Willie Sutton robbed banks:

That's where the money is."

And the well-connected ones get it.

"The courts are so political that almost nothing is decided purely on the merits," wrote the late journalist Jack Newfield in 2001, one of the few consistently outraged critics of the court.

The examples establish a clear pattern.

The Commission on Judicial Conduct found that the attorney-friend appointed by Surrogate Feinberg was so entrenched that he prepared the Surrogate's decisions on fees awarded to attorneys in the form of Post-it notes.

Between 1997 and 2001, according to Newfield, the law firm of Queens Democratic Party leader Tom Manton received more than $400,000 in court patronage.

In 1987 a government investigation accused the Public Administrator for Manhattan Surrogate Renee Roth of using the court as a racketeering enterprise.

The administrator resigned after he was accused of stealing $1 million from three clients.

And a 1998 bar association report found that about two-thirds of Roth's guardianship appointments went to campaign contributors or to lawyers who worked for firms that contributed.

Some of the abuses have been even more blatant.

In 1987, Surrogate's Court investigators were captured on videotape stealing valuables from the apartments of the deceased; they had been hired to inventory the property.

The state regulates all aspects of Surrogate's Court -- except the public administrator that every Surrogate's Court judge appoints, who is under the city's purview.

This dual control has provided a convenient way out for auditors.

In 2002, the Daily News reported that, during his eight-year tenure, State Comptroller Carl McCall never audited the Brooklyn Surrogate's Court's Public Administrator.

McCall's office insisted he never took a look because then-city Comptroller Alan Hevesi was already auditing the Brooklyn court.

Hevesi did -- but never discovered that Judge Michael Feinberg was awarding excessive fees without proper documentation to his friend Louis Rosenthal.

The problems with Surrogate's Court go beyond individual instances of corruption; they are systemic.

UNNECESSARY AND INVULNERABLE

There is absolutely no reason to maintain a separate Surrogate's Court.

Under the New York State Constitution, the State Supreme Court already shares jurisdiction on anything the Surrogate's Court might handle -- estates, appointments of guardians and conservators, and adoptions.

And so, abolishing the Surrogate would not leave a sudden void in our judicial system.

In Supreme Court and Family Court, cases are randomly assigned to a stable of judges.

But there is only one Surrogate each for Queens, Staten Island, and the Bronx.

Manhattan has two, and now so will Brooklyn.

Putting the management of millions of dollars in assets under the purview of just one or two judges creates a recipe for patronage and corruption.

Abolishing the court, and dispersing its functions and cases among the many Supreme Court and Family Court judges in each county would go a long way toward breaking up the patronage mill.

But because of the big money involved and the powerful people who benefit from the court, every attempt to abolish or reform it in the past has ended in failure.

EFFORTS TO ELIMINATE THE COURT

In the 1930s, Mayor Fiorello La Guardia called Surrogate's Court "the most expensive undertaking establishment in the world."

He believed it was control of the Surrogate's Court of New York County, more than any other factor, that kept the Tammany Hall political machine alive through the lean years when he deprived it of city jobs and President Franklin Roosevelt denied it federal jobs.

In 1938, the New York Bar Association called for the merger of the Surrogate's Court and the Supreme Court to eliminate corruption.

In 1948, the Americans for Democratic Action called for a legislative campaign to reduce the patronage in the Surrogate Court.

In the 1950s a commission put together to end the abuses of Tammany Hall urged the elimination of the Surrogate's Court by merging its functions with the Supreme Court.

These recommendations came to naught.

The movement to abolish the court reached its peak in the 1960s.

Citizens Union urged the system of appointing special guardians be abolished and replaced by a staff of salaried public officials who could act for minors, widows and incompetents.

Robert Kennedy endorsed this idea, saying the salaried public guardians "would eliminate patronage from the Surrogate's Courts and dry up a major source of sustenance for the worst elements in our political parties."

But, almost as soon as Kennedy made the proposal, representatives of the bar association and many of the city's Surrogate judges attacked it.

And the senior Manhattan surrogate at the time, Samuel DiFalco, who had been elected with the help of the Manhattan Democratic machine, blocked reforms.

Ironically, calls for the elimination of the Surrogate's Court disappeared as reformers assumed power in the city.

In 1977, Edward Koch ran for mayor, attacking the Democratic machine.

Soon after his election, though, Koch did what most reform politicians do after defeating a machine: make a deal with it.

Though Koch set up panels to screen candidates for judgeships, presumably based on merit, as time went on, the erstwhile reformers became more and more dependent on contributions and support from the machine politicians and the law firms that benefit from Surrogate patronage.

Since then, Koch himself – along with other prominent politicians, including former Governor Mario Cuomo -- has been the beneficiary of the Surrogate's Court.

Koch, for example, received $77,000 for a guardianship in 2001 and 2002, according to the New York Observer.

"I'm on the list of people who are qualified," Koch told the Observer.

"They're very careful to prevent [the court] from being used as a trough."

Today, every candidate who runs for Surrogate pledges to make "reforms" and end the court's patronage.

Once elected, they do nothing.

This is so widespread that it hardly even counts as irony that a New York Times editorial in 1996 endorsed the now-fired Surrogate Feinberg with the words:

"Justice Feinberg has promised reforms ranging from a panel to screen appointments and recommend changes in how the place is run, down to keeping the office open at lunchtime as a convenience to the public."

THE BROOKLYN COURT

With Feinberg's removal, people interested in running for his seat will have two weeks to try to collect the 4,000 signatures to get on the ballot.

If two or more candidates qualify as Democratic candidates, there would be a primary contest for Feinberg's seat.

But this would not be the case for the second Surrogate's post the state government created last month.

Even veteran political observers were astounded by the addition of a second Surrogate's Court in Brooklyn in the middle of the removal process for the current Surrogate -- without giving citizens the right to vote in a primary.

That's right, there will be no primary for the new position.

Albany in effect gave Brooklyn Democratic leader Clarence Norman a big role in picking who will select the new Surrogate for that borough.

Norman awaits trial for extorting money from past judicial candidates and supported Feinberg for Surrogate's Court in 1998.

And whomever Norman and his cronies choose is virtually guaranteed to win the November general election, and serve 14 years before they have to run again.

The only chance of derailing this seems to lie in Washington.

Because Brooklyn comes under the federal voting rights act, the plan for a second Surrogate's judge might need Justice Department approval.

Ten years before Feinberg's removal, the same State Commission on Judicial Conduct that removed him censured his predecessor, Bernard Bloom.

Bloom's censure was one step short of removal.

Then the political machine that picked Bloom selected Feinberg.

Now that very same machine that chose the two discredited judges is likely to select at least one—and perhaps two - more Surrogates.

In setting the stage for this, Albany once again has provided evidence that, in a legislature where almost every incumbent gets re-elected, there are no consequences for taking the low road.

The government's action also sends the message that politics still trumps justice in New York.

Gary Tilzer is a political consultant whose articles have appeared in the New York Sun, the Village Voice and other local publications.

Editor's Note 8/9/05: Gary Tilzer began work June 30th, 2005 on the campaign of Margarita Lopez Torres, a candidate to replace Feinberg as Brooklyn Surrogate's Court Judge

http://www.gothamgazette.com/print/1472

[Livyjr]

In setting the stage for this, Albany once again has provided evidence that, in a legislature where almost every incumbent gets re-elected, there are no consequences for taking the low road.

The government's action also sends the message that politics still trumps justice in New York.

http://www.gothamgazette.com/print/1472

"Grandeau about to disappear?"

Fred LeBrun, Political Analyst

Albany, New York Times Union

First published: Sunday, February 11, 2007

Much is being made of the public war between Governor Spitzer and the Legislature over picking a state comptroller.

Behind the scenes, though, the governor's signature reform measure -- a sweeping and uplifting new ethics bill -- is sailing toward becoming law.

Assembly Speaker Shelly Silver says the omnibus bill, unchanged from the one hammered out privately by him, the governor and Senate Majority Leader Joe Bruno, will clear committees and be ready for a vote next week.

So any chance that the centerpiece of Eliot Spitzer's election campaign might be derailed by the comptroller spat seems unlikely.

Paralyzed government serves no one and the ethics package is a breathtaking leap forward in setting higher standards of deportment for elected officials.

There remains an aspect of this bill than makes us nervous, given Spitzer's behavior lately.

That is the creation of a Commission on Public Integrity.

In the process of creating the new commission, the independent state lobbying commission, with David Grandeau as executive director, would disappear.

No single elected official appoints the majority of Grandeau's commission.

Grandeau's nonpartisan independence has been shown time and time again.

But that would not be the case with the new Commission on Public Integrity, which would merely become an enhanced version of the existing State Ethics Commission -- controlled by the governor's appointments.

A brief overview of the past decade reveals how effective the lobbying commission has been under Grandeau, while the Ethics Commission has been less aggressive, and arguably less effective.

Not ineffective, but less effective.

In the rush to give Eliot what he wants, the Legislature is dodging its responsibilities here.

Bad enough that three men in a room created this new commission, without any input from outside sources, but now there will be no public hearings or opportunity to air concerns over this new concentration of power in the governor's hands.

Here we go again.

The process is being tortured and short-circuited to achieve a predetermined end.

This is not good government -- even if it is wrapped in the white robe of reform.

My suspicion is that David Grandeau will somehow be left behind when the dust settles over this new commission.

Grandeau, of all people, should not be the victim of a reform movement.

Frankly, all the evidence suggests there is no need to change his Temporary State Commission on Lobbying, except to make it permanent, and perpetually independent.

But sadly, that possibility is disappearing, along with the people's ability to express themselves on the issue.

Grandeau has publicly announced for the job of executive director of the new commission, which is encouraging.

But truthfully we are getting mixed messages as to what this administration thinks of Grandeau.

The governor's press secretary has called Grandeau good enough to be the front-runner for the job in the new agency.

Not exactly an endorsement, but close.

The governor himself, in an interview with the Syracuse Post-Standard after the proposed budget was announced, called Grandeau's lobbying commission "dysfunctional."

A dysfunction, noted the governor, that would be corrected when he appoints the majority of the new commission's members, and implicitly, replaces Grandeau as well.

A mindboggling double by Spitzer.

First, that he sees as dysfunctional the one state oversight agency that works, and secondly that only he, the imperial governor, can save the day.

Fred LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.

[Livyjr]

"Feeding off taxpayers no crime, lawyer says - Cronyism, big spending called usual government practice at Strevell trial"

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

First published: Thursday, January 18, 2007

ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.

William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.

Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.

Strevell is charged with nine counts of mail fraud and six counts of wire fraud.

The case before U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.

Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.

Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.

While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.

He also used institute funds to purchase clothing and trips for himself and family members.

The institute's activities, revealed by the Times Union, became an embarrassment for Republican leaders who had supported it, including Bruno, R-Brunswick, Gov. George Pataki and his administration, and former U.S. Rep. John Sweeney, R-Clifton Park.

Prosecutors say Strevell, a former state bureaucrat, manipulated the system to set up the nonprofit institute as an offshoot of state government.

He worked to improperly enrich himself and his family, the indictment says, receiving a base salary of $225,000 plus $24,000 for a housing stipend, trips for family members and merchandise for his personal use, including a $64,000 recreational vehicle.

Strevell also allegedly doctored the record of a board vote that resulted in his pay rising by $95,000.

Fanciullo said Strevell's management of the institute followed normal and accepted practices of government, including the hiring of kin, and that the salary vote was legitimate.

And while we are on the subject .....

Of Teddy Roosevelt ....

And the New York State Assembly .....

And the POLITICAL CULTURE ....

In Albany, New York ....

Where political loyalty can trump competence in the workplace ....

And where there is a rich tradition of retaliation for dissent .....

By way of a little background ....

And insight ....

Into the character ....

Of Teddy Roosevelt .....

A man Eliot Spitzer would have us New York State citizens compare him favorably with ....

When Teddy Roosevelt was in New York State government .....

Before he became president of the United States of America ....

We have ....

And going back in time ....

Into New York State's long history .....

Of bandying about ...

The empty topic ....

Of GOVERNMENT REFORM ....

In the State of New York ....

And why things never really change .....

Which ultimately ....

Is the fault of the PEOPLE, themselves ....

We have ...

From pp.69,70 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl .....

January 1882

If (Teddy) Roosevelt had come to Albany to take up his father's reformist efforts, he could not avoid his father's old foes.

As the new Republican assemblyman from the Twenty-First District, Roosevelt would come under the thumb of (Roscoe) Conkling, all-powerful boss of the New York State Republican machine.

There was a personal edge to Roosevelt's animosity toward the boss.

He blamed Conkling for destroying his father's political career before it got started and, in the process, contributing to his father's early death.

Revenge against the Roosevelt family's nemesis would not be easy.

Conkling stood six feet three inches tall and was powerfully built, "blond and gigantic as a Viking," according to a correspondent.

Alongside Conkling, Roosevelt looked like a pipsqueak and his position as a freshman assemblyman only exaggerated the political mismatch.

Conkling had a way of reducing the size of his adversaries even further with what Republican reformer George William Curtis called the "Mephistophelean leer and spit."

Conkling's squarish head made his face look as tough as a block of granite and his unruly mop of hair came to a point in a way that resembled a ship's prow splitting waves.

Conkling was born in Albany; POLITICS WAS THE FAMILY BUSINESS.

His father was a well-connected congressman, federal judge, and a leader of New York's Whig Party.

Conkling's wife, Julia Seymour, was the sister of New York Governor Horatio Seymour.

CONKLING ROSE IN THE U.S. HOUSE OF REPRESENTATIVES, WAS ELECTED TO THE U.S. SENATE, AND WAS REWARDED FOR HIS CAMPAIGN SUPPORT OF PRESIDENT ULYSSES S. GRANT BY BEING GIVEN THE REINS OF STATE PATRONAGE IN NEW YORK.

CONKLING TOOK GRANT'S BEQUEST AND BUILT IT INTO A MACHINE IN ALBANY THE OLD-FASHIONED WAY; BY DIVIDING THE SPOILS OF VICTORY AMONG HIS HAND-PICKED LIEUTENANTS, LOCAL BOSSES, AND WARD HEELERS, ALL ARRANGED IN A HIERARCHY LORDED OVER BY THE BLOND BEHEMOTH.

CONKLING WAS A TEXTBOOK REPUBLICAN STALWART, WHOSE GOAL WAS TO PRESERVE THE STATUS QUO AND THUS RETAIN HIS GRIP ON POWER.

He was a quarrelsome, surly, and vengeful boss who attacked reformers like the Roosevelts, senior and junior, by derisively labeling them "man-milliners" - men who make and sell women's clothing, a thinly veiled allusion to homosexuals.

James Garfield, who in his run for the presidency caught the brunt of the boss's fury, described Conkling as "a great fighter, inspired more by his hates than his loves."

GARFIELD ABSORBED CONKLING'S ASSAULT AFTER STEALING THE REPUBLICAN NOMINATION FROM CONKLING'S CRONY, FORMER PRESIDENT GRANT, IN THE PRESIDENTIAL CAMPAIGN OF 1880.

THE DEFEAT BEGAN TO ERODE THE FEAR FACTOR THAT HAD MADE CONKLING SEEM SO INVINCIBLE.

The wounding of his reputation deepened when Conkling was caught in a scandalous extramarital affair in 1881 with Mrs. William Sprague, a senator's wife, who happened to be the daughter of Chief Justice Salmon Chase.

LATER THAT SAME YEAR, NEWLY INAUGURATED PRESIDENT GARFIELD REJECTED TWO OF CONKLING'S TOP APPOINTEES TO KEY POSTS IN HIS CABINET, THUS SERVING NOTICE THAT CONKLING'S DAYS OF RUNNING THE EMPIRE STATE'S SPOILS SYSTEM AS HIS OWN PRIVATE BANK ACCOUNT WERE NUMBERED.

IN A FIT OF PIQUE, CONKLING RESIGNED FROM THE SENATE IN THE SPRING OF 1881 AND CONVINCED NEW YORK'S JUNIOR SENATOR, THOMAS C. PLATT. ALSO TO QUIT IN A NOSE-THUMBING ACT OF UNANIMITY AGAINST GARFIELD.

A political cartoon of the day showed Platt as a small boy sticking out of Conkling's pocket, with a card labeled, "Me, too!" in one of his hands.

THE PHRASE RESONATED AND ENTERED THE POLITICAL LEXICON AS A DEROGATORY LABEL PINNED ON LIBERAL REPUBLICANS FOR A LACK OF ORIGINALITY AND SPINE.

ROOSEVELT HAD NO USE FOR "ME,TOO!" REPUBLICANS OR ANY OTHERS AFRAID TO VOICE THEIR INDEPENDENCE.

THAT WAS NOT THE END OF IT, THOUGH.

IN THE SMALL, INCESTUOUS WORLD OF ALBANY POLITICS, PLATT AND ROOSEVELT WOULD SQUARE OFF IN A LATER ERA IN WHICH REFORMERS, STALWARTS, HALF-BREEDS, AND "ME, TOO!" REPUBLICANS WERE STILL VERY MUCH AT WAR.

[Livyjr]

And in the State of New York .....

So far as I know, anyway ....

Teddy Roosevelt is not at all controversial .....

And he is well thought of .....

Because he did really believe in the common people like myself ......

That we were really quite a bit more than just ignorant serfs .....

As the present ROYAL GOVERNOR sees us ....

LORD CORNBURY COME UP FROM NEW YORK CITY .....

TO VIEW HIS HOLDINGS ....

And so .....

A mindboggling double by Spitzer.

First, that he sees as dysfunctional the one state oversight agency that works, and secondly that only he, the imperial governor, can save the day.

From pp.69,70 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl .....

January 1882

Conkling was born in Albany; POLITICS WAS THE FAMILY BUSINESS.

His father was a well-connected congressman, federal judge, and a leader of New York's Whig Party.

Conkling's wife, Julia Seymour, was the sister of New York Governor Horatio Seymour.

CONKLING ROSE IN THE U.S. HOUSE OF REPRESENTATIVES, WAS ELECTED TO THE U.S. SENATE, AND WAS REWARDED FOR HIS CAMPAIGN SUPPORT OF PRESIDENT ULYSSES S. GRANT BY BEING GIVEN THE REINS OF STATE PATRONAGE IN NEW YORK.

CONKLING TOOK GRANT'S BEQUEST AND BUILT IT INTO A MACHINE IN ALBANY THE OLD-FASHIONED WAY; BY DIVIDING THE SPOILS OF VICTORY AMONG HIS HAND-PICKED LIEUTENANTS, LOCAL BOSSES, AND WARD HEELERS, ALL ARRANGED IN A HIERARCHY LORDED OVER BY THE BLOND BEHEMOTH.

CONKLING WAS A TEXTBOOK REPUBLICAN STALWART, WHOSE GOAL WAS TO PRESERVE THE STATUS QUO AND THUS RETAIN HIS GRIP ON POWER.

"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- So, the big question in Albany these days is, Is Eliot Spitzer brilliant, or just nuts?

The governor's very early record these first 40 days didn't lack for striking drama in a town whose gear shift has long been stuck in glacial.

Some say the Democrat's bold treatment of the Legislature shows he's a legislative newbie who, like so many past governors, will be snared in the clutches of the powerful and well-protected body.

Others say Spitzer is, as Rep. Charles Rangel once said in frustration, the "world's smartest man," plotting the only strategy that will shake things up.

Hanging in the balance are the reforms in government, ethics, spending, taxing and campaign financing that helped give Spitzer his record-setting election in November.

Those reforms require the Legislature's support, either by compliance or compulsion.

But as Spitzer said last week, those goals now "are simply not within our grasp."

The Spitzer era began with some startling selections for his cabinet and some reform of the budget process.

Even an insider said the administration seemed top heavy with aggressive Ivy League lawyers, many of them ex-prosecutors like Spitzer.

He also brought legislative leaders shoulder to shoulder on an ethics reform package they deemed historic but which good-government groups found tepid.

Soon after and again shoulder to shoulder, Spitzer and legislative leaders agreed to create an expert panel of former comptrollers to recommend highly qualified finalists for a state comptroller to replace Democrat Alan Hevesi, who resigned amid scandal.

But on Wednesday, Assembly Speaker Sheldon Silver -- as leader of a joint legislative session empowered by the constitution -- chose one of his own, apparently solidifying his power while snubbing Spitzer.

Spitzer called the Legislature's decision to choose an assemblyman -- Thomas DiNapoli -- a "stunning lack of integrity that is deeply troubling ... We have just witnessed an insiders' game of self-dealing that unfortunately confirms every New Yorker's worst fears and image of all that goes on in the Legislature of this state."

Also last week, the candidate Spitzer helped in a special election cut the slim Republican majority in the Senate further, angering Senate Majority Leader Joseph Bruno.

Weeks earlier, Spitzer's attempt to broker a deal on campaign finance reform -- which good-government advocates say is the reform most in need -- was a non-starter for legislative leaders.

But Spitzer has long insisted he isn't an Albany insider and won't play by their rules.

But students of Spitzer know his track as governor so far has a familiar feel.

As a two-term attorney general, Spitzer forced reforms on Wall Street, the insurance industry and in the environmental policies of the Bush administration that targeted concerns that languished for years.

Spitzer's method often began with serious research and the detailing of a strategy before publicly blasting his targets -- often CEOs -- until the boards of directors agreed to reforms in mostly amicable settlements.

Often, Spitzer then praised the company as a leader of best practices in the industry.

But as Spitzer's critics say now, he doesn't have subpoena power or the threat of putting the Legislature out of business.

But he still sees a board of directors: Last week he took his measures and reforms on a statewide tour.

He attracted support, like the New York Daily News editorial that said the Legislature used a "rigged process" to choose a comptroller who now is "a poster boy for Albany dysfunction."

"In some of this, I think he's right," said political science Professor Robert McClure of Syracuse University's Maxwell School.

"His position is a position that I think is considered and probably in the best interest of the state ... but his statements signal what I worry may be a serious character flaw, and perhaps a political flaw."

"His statements are over the top," McClure said.

"I have every reason to believe he's a very smart man."

"At some level, even if this is a brilliant Machiavellian strategy, I'm worried about the Machiavelli part of it."

McClure notes that major reform usually requires a huge "jolt."

Nationally, think Depression or a world war.

Perhaps, McClure said, Spitzer is trying to do that in Albany.

"Now you have everything dislodged and all the moving parts are in play," McClure said.

"The governor seems to think he is the center of things and he can make it happen."

"That may or may not be healthy or accurate, but I am doubtful of both."

So how does Spitzer fare from here?

More importantly, what happens to the reforms championed in his campaign?

The tactic didn't work in the early years of Republican Gov. George Pataki, where an attempt to erode Silver's support among more conservative Democratic assemblymen backfired and made Silver a powerful foe, said a former Pataki aide.

Some say Spitzer -- a Democrat in a Democratic state with lawmakers eager to share his popularity -- missed an opportunity.

He came to the table with all billiards balls hanging on the lip, but seems to have knocked them all back into a tight bunch, making it harder to run the table.

"Eliot Spitzer seems to have made this a public relations battle," said Roger Stone, former adviser to Independence governor candidate B. Thomas Golisano who had also promised to shake up Albany.

"Other than demonizing the Legislature, where does it get you?"

"I sometimes think the reason we have political figures shouting ... is because the forces arrayed against change are increasingly more formidable," said McClure.

"We yell at them in hopes that by raising the voice, we can budge 'em ... but my mother always said, `Bobby, there are things you can say in private and there are things you can say in public.'"

[Livyjr]

"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- So, the big question in Albany these days is, Is Eliot Spitzer brilliant, or just nuts?

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.

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."

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"

"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- But Spitzer has long insisted he isn't an Albany insider and won't play by their rules.

LUKE: So, Clem .....

What do you think about that city boy Spitzer becoming governor, then?

CLEM: Well, Luke ....

How I'll put it is like this .....

IT'LL BE JUST MORE GEORGE ...

JUST ANOTHER LOAD OF PATAKI .....

And that is that .....

JUST MORE GEORGE ....

LUKE: Well, Clem ....

How you figure that, then .....

CLEM: Well, Luke ....

Look at the constitution for a moment .....

[sounds of paper rustling as Luke takes out his copy of the New York State Constitution ...]

And tell me where in there you see anything about the New York State Attorney General being anything other than George Pataki's fancy lawyer ....

LUKE: No, Clem, I sure don't find anything in here, anyway ......

But I still don't see the point ....

CLEM: Well now, Luke .....

Get out your book of New York State Executive Law ....

And tell me what you see in there, then ....

About who Eliot Spitzer really does work for .....

Here in the State of New York ....

Look at section 63(2) of Article 5 there ....

And tell me what you see ....

(sounds of pages being turned as Luke opens up his book of New York State Executive Law and flips to the right section)

LUKE: Whenever required by the governor, attend in person, or by one of his deputies, any term of the supreme court or appear before the grand jury thereof for the purpose of managing and conducting in such court or before such jury criminal actions or proceedings as shall be specified in such requirement ....

CLEM: And how about section 63(3) of Article 5 of the New York State Executive Law .....

What about that, then?

LUKE: Upon request of the governor, comptroller, secretary of state, commissioner of transportation, superintendent of insurance, superintendent of banks, commissioner of taxation and finance or commissioner of motor vehicles, or the head of any other department, authority, division or agency of the state, investigate the alleged commission of any indictable offense or offenses in violation of the law which the officer making the request is especially required to execute or in relation to any matters connected with such department, and to prosecute the person or persons believed to have committed the same and any crime or offense arising out of such investigation or prosecution or both, including but not limited to appearing before and presenting all such matters to a grand jury.

CLEM: And section 63(7) of Article 5, there, Luke ....

What do you have there, then?

LUKE: He may with the approval of the governor retain counsel to recover moneys or property belonging to the state, or to the possession of which the state is entitled, upon an agreement that such counsel shall receive reasonable compensation, to be fixed by the attorney-general, out of the property recovered, and not otherwise.

CLEM: And then there is section 63(8), Luke ....

How about you read me back that, then .....

LUKE: Whenever in his judgment the public interest requires it, the attorney-general may, with the approval of the governor, and when directed by the governor, shall, inquire into matters concerning the public peace, public safety and public justice.

CLEM: So ....

Tell me then, Luke .....

BY THE LAW IN THE STATE OF NEW YORK .....

FOR WHOM DOES ELIOT SPITZER REALLY WORK?

BY THE LAW AS IT IS WRITTEN IN THE STATE OF NEW YORK, LUKE ..

WHOSE BIDDING DOES ELIOT SPIZER REALLY ANSWER TO?

LUKE: Why ...

It sure does look like George Pataki has been pulling his strings all this time ....

IF THE LAW IS CORRECT, ANYWAY .....

"Spitzer won't pull any punches - Governor expected to continue battles over comptroller vote, control of state Senate"

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

First published: Monday, February 12, 2007

ALBANY -- Gov. Eliot Spitzer will continue to wage a two-front war against the state Legislature this week, slamming Assembly members in their own districts for defying him in the comptroller vote and plotting to help his Democratic Senate allies wrest control of their chamber from Republican hands.

The Senate is the most immediate focus following the victory last week of a Spitzer-backed Democratic candidate in a Long Island special election that narrowed the Republican majority to just two seats.

The chamber is now split 33-29.

"There is an all-out effort to take the Senate," said a source close to Spitzer.

"In the next two weeks, all the pieces will be in place."

The governor and the Senate minority leadership are considering a myriad of options to tip the balance of power, including wooing Senate Republicans to switch parties or accept jobs in the administration.

If these plums fail to entice, Spitzer sources said, the Democrats are prepared to mount full-scale challenges against majority members deemed vulnerable --particularly those in districts with high Democratic enrollment -- starting this year, despite the fact that the next elections aren't until 2008.

Among senators named as possible party-switchers or recipients of appointed posts are Joseph Robach, a Democrat-turned-Republican from Rochester; John Bonacic of Orange County; and Serphin Maltese, a Queens lawmaker who almost lost his seat to a little-known Democratic challenger last November.

So far, all three senators have insisted they'll neither leave the Senate nor switch sides.

Spitzer and his supporters also are banking on possible midterm retirements by longtime Republican senators like Owen Johnson and Caesar Trunzo, both of whom hail from Long Island, where Democrats have been gaining power, and James Wright of Watertown.

Among the majority senators considered vulnerable by Spitzer and the Democrats are Hugh Farley of Niskayuna, Carl Marcellino of Nassau County and Vincent Leibell of Putnam County.

Taking control of the Senate is something Democrats have said they did not believe possible until the next general election.

Spitzer's willingness to get involved was first demonstrated by his selection last year of former Sen. Michael Balboni, a Republican, to serve as his deputy secretary of public safety.

That touched off Tuesday's special election won by Democrat Craig Johnson, which has emboldened the Senate Democrats and Spitzer.

John McArdle, spokesman for Senate Majority Leader Joseph L. Bruno, said the Senate Republicans' plan is to "focus on the budget and ignore the rhetoric" coming from the Democrats and the governor.

"Our focus is completely on the budget right now and how it impacts upstate, how it impacts the suburban areas and whether it's fair," McArdle said.

As for the Assembly, which is controlled by his fellow Democrats, Spitzer plans to continue to lambaste majority members for going against his wishes and making one of their colleagues, Thomas DiNapoli of Long Island, the new state comptroller.

This week, Spitzer will again take his $120.6 billion executive budget on the road in an effort to build public support for his spending and reform proposals.

The governor is scheduled to stop in Westchester, the Capital Region and western New York -- all home to lawmakers who sided with Assembly Speaker Sheldon Silver in the comptroller vote.

The day after the vote, Spitzer traveled to Syracuse to tout his budget.

While there, he criticized Assemblyman Bill Magnarelli, a Democrat who helped raise $100,000 for Spitzer's 2006 gubernatorial campaign, calling the legislator "one of those unfortunate Assembly members who just raises his hand when he's told to do so."

Prior to the vote, Magnarelli told his hometown newspaper that Spitzer "was meddling in the Legislature's duties and responsibilities" with his efforts to prevent lawmakers from giving the job of the state's top auditor to one of their legislative colleagues.

"It will not happen again," Magnarelli reportedly added.

Spitzer is scheduled to discuss his budget this morning at the home of Ivan and Cynthia Jimenez in Mamaroneck, Westchester County.

The town is represented by Assemblyman George Latimer, a Democrat who not only voted for DiNapoli, but told The New York Times that the screening panel championed by Spitzer after it selected three nonlegislative comptroller candidates "had a bias; it had a prejudice."

"If Abraham Lincoln had come before that screening committee, would they have found his qualifications for president sufficient?" Latimer said.

Asked Sunday whether it was likely that the governor would keep up his drumbeat of criticism against lawmakers like Latimer while visiting their districts this week, Spitzer spokeswoman Christine Anderson replied:

"Yes, very."

Spitzer will take his "Bringing the Budget Home" tour to Albany County Tuesday and to western New York on Wednesday.

Details about his schedule on those days have yet to be released.

All of Albany County's Democratic Assembly members -- Ronald Canestrari of Cohoes, Jack McEneny of Albany and Bob Reilly of Colonie -- as well as Independence Party member Tim Gordon of Bethlehem voted for DiNapoli for comptroller.

Bruno also voted for DiNapoli, as did Farley.

Assembly Minority Leader James Tedisco, R-Schenectady, cast his vote for New York City Finance Commissioner Martha Stark, one of three comptroller candidates recommended by the screening panel.

So did Assemblyman Paul Tonko, D-Amsterdam, who is in discussions to take a job in the Spitzer administration, and Sen. Neil Breslin, D-Delmar, who joined the entire Senate Democratic conference in backing Stark -- and the governor -- during the vote.

Following the comptroller vote, Spitzer left open the possibility that he would campaign against incumbent legislators in 2008, regardless of their party affiliation, if he believes "there is a better candidate" who supports his reform agenda.

A source close to Spitzer said he is likely to express displeasure with Assemblywoman Francine DelMonte of Niagara County for voting for DiNapoli when he travels to western New York later this week.

Last September, DelMonte was facing a stiff primary challenge from a fellow Democrat, Gary Parenti, who tried to claim the reform mantle and cast himself in campaign literature as a Spitzer ally.

But Spitzer, then poised to coast to victory against his own primary opponent, Nassau County Executive Tom Suozzi, swooped in days before the primary and endorsed DelMonte, saying she had been "an ally, a friend, a voice for reason in Albany," adding:

"She's going to be part of the team we want to build."

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

end quotes

LUKE: Well, Clem, what do you think of this city boy Spitzer now?

CLEM: Well, Luke, the boy sure can talk out of every side of his mouth all at once, is what I think .....

But then ....

THAT IS WHAT I HAVE THOUGHT OF HIM ....

SINCE THE BEGINNING ....

WHEN HE BOUGHT HIS WAY IN ....

TO BEING AN ALBANY INSIDER ....

IN FACT ....

YOU MIGHT SAY ....

THE ULTIMATE INSIDER ....

SINCE HE WAS THE LAWYER ....

FOR PATAKI, SILVER AND "BIG JOE" BRUNO ....

And so ...

[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 -- 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."

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 then ....

There is ...

The "IRON DUKE", himself ....

"BIG JOE" Bruno ....

Alias "CRASSUS" in the now-crumbled FIRST TRIUMVERATE of the young "Julius Caesar" .....

The CAUDILLO Eliot Spitzer ....

LORD CORNBURY, the ROYAL GOVERNOR ....

Up from New York City ....

To view his possessions ....

And holdings ....

Which is all of us up here ...

Plus the COLONIAL ASSEMBLY ...

WHICH IS HIS TO COMMAND ....

BY VIRTUE ....

OF HIS ROYAL AUTHORITY ....

OVER US ....

And so ...

"Bruno seeks fun in the sun once again"

Albany, New York Times Union

First published: Monday, February 12, 2007

For the second year running, Senate Majority Leader Joseph L. Bruno plans to head to the warmer climes of Florida to raise funds at Mar-A-Lago, Donald Trump's Palm Beach estate.

His trip there last year was noteworthy because it included Albany lobbyists and people connected to groups trying to win the bidding for the state horse racing franchise.

Bruno last year also flew down to Florida a few weeks before the Trump fundraiser with his good friend Jared Abbruzzese and two other buddies for some golfing and other activities, including a stop at Rachel's, an upscale strip club and steak house.

Bruno, who says he included some fundraising work on that trip, too, had his campaign war chest pay for lodging.

Abbruzzese picked up other expenses.

For several months, Bruno and Abbruzzese have been the subjects of an FBI and federal grand jury investigation of their business dealings.

The Feb. 21 Mar-A-Lago bash, a fundraiser for the state Senate Republican Campaign Committee, runs $3,000 a couple and $2,000 a person for the reception "honoring" Bruno, according to the invitation.

Business attire is required, meaning at least a jacket and tie.

No golf shirts.

Contributors: Capitol bureau reporter James M. Odato and State Editor Jay Jochnowitz. Got a tip? Call 454-5424 or e-mail jjochnowitz@timesunion.com.

end quotes

"BIG JOE" Bruno .....

IS BEING HONORED BY ALL OF HIS "CONSTITUENTS", ALRIGHT .....

HIS "CONSTITUENTS" DOWN THERE IN FLORIDA, THIS TIME ....

FOR WHOM HE HAS BEEN "DELIVERING RESULTS" ....

HERE IN THE STATE OF NEW YORK ....

EXCEPT ....

AS IS OBVIOUS FROM THE FACT THAT "BIG JOE" IS FLYING DOWN TO FLORIDA ....

BIG JOE'S "CONSTITUENTS" ....

DON'T LIVE HERE IN THE STATE OF NEW YORK ....

NOR ARE THEY CITIZENS OF THIS STATE ....

THEY JUST WANT A PIECE OF THE "ACTION" HERE ....

WHICH "BIG JOE" OWNS ....

OR CONTROLS ....

AS THE "EASY BOSS" OF THE CORRUPT EMPIRE OF NEW YORK ....

And so ....

[Livyjr]

It's not really another tax, of course ....

Just a fee .....

Or maybe an "assessment", as in this case ....

And so ...

"Health policies charge assailed - Plan to increase 'assessment' is called a tax by Spitzer critics"

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

First published: Tuesday, February 13, 2007

ALBANY -- Gov. Eliot Spitzer broke his promise not to raise taxes, and it may cost consumers more in their health insurance premiums, according to representatives of employers and insurers.

The governor plans to raise $850 million, up $75 million from this year, with a higher "assessment" on the health insurance industry.

The money helps pay for such health-related costs as graduate medical student education.

Spitzer is trying to reduce those costs as well.

Spitzer's budget director, Paul Francis, said the increased assessment on policies sold by health insurance companies -- called the "the covered lives assessment" -- is not a tax.

The companies, he said, have enjoyed robust profits and don't need to pass it on.

"They have the profit margins to sustain this," he said.

Robert Ward, research director for the Business Council of New York State, said that for consumers there is no difference between the assessment and a tax.

"The name is less important than the effect."

"It drives up the cost of health insurance, making it harder for both employers and individuals to afford coverage," he said.

E.J. McMahon, director of the Manhattan Institute's Empire Center, said Spitzer is hiding behind language, as Gov. Pataki and other executives did in their budgeting.

"Calling a tax an assessment -- and then denying that you're raising taxes when you raise the assessment -- is an old Albany dodge," he said.

"It's one of those things that didn't actually change on day one."

The amount of money raised from the assessments climbed to $775 million this year from $665 million in 1997 and is a factor in the overall cost of health insurance, industry representatives say.

"We recognize they're trying to spread the pain across the entire health care system," said Leslie Moran, senior vice president for the New York Health Plan Association.

Assembly Insurance Committee Chairman Alexander Grannis, D-Manhattan, said insurers almost always pass costs on, but they don't need to.

"You wouldn't want it to come out of your record profits," he said.

[Livyjr]

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.

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."

NOWHERE .....

IN OUR STATE CONSTITUTION ...

IS THERE A PROVISION ....

THAT CALLS FOR ...

THE GOVERNOR ...

OF THE STATE OF NEW YORK ....

TO ATTACK MEMBERS OF THE LEGISLATURE ....

WE USED TO HAVE THAT ....

BACK WHEN WE HAD ROYAL GOVERNORS ....

BUT THAT "SYSTEM" HAS BEEN GONE ...

FOR SOME TIME NOW ....

SINCE BURGOYNE TRIED TO COME SOUTH FROM CANADA ....

BACK IN 1777, TO BE EXACT ....

AND FAILED ...

TO CRUSH THE REBELLION HERE ....

AGAINST ROYAL GOVERNMENT ....

AND ROYAL GOVERNORS ...

LIKE SPITZER'S ROYAL PREDECESSOR, CORNBURY ....

And so ...

EL CAUDILLO SPITZER, HOW DOES YOUR ATTACKING THE MEMBERS OF OUR ASSEMBLY GO TOWARDS YOU SEEING THAT OUR LAWS ARE FAITHFULLY EXECUTED?

CAN YOU ANSWER THAT FOR US COMMON CITIZENS UP HERE, WHO ARE FOR THE CONSTITUTION AND THE LAW, AND SO, ARE PRESENTLY ALIGNED AGAINST YOU, AS THE BIGGEST THREAT WE SEE TO THAT CONSTITUTION, AND OUR LAWS WHICH FLOW FROM IT TO PROVIDE US WITH ORDER IN OUR LIVES UP HERE?

"Spitzer targets Reilly on own turf - Legislators criticize governor for attacking other Democrats over their comptroller votes"

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

First published: Tuesday, February 13, 2007

ALBANY -- Gov. Eliot Spitzer will take his criticism of Assembly members to Robert Reilly's district today and describe the two-term fellow Democrat as part of the problem in Albany rather than part of the solution.

Spitzer has told associates he will take Reilly to task in much the same way he has chastised other lawmakers who voted last week to name former Assemblyman Thomas DiNapoli as state comptroller.

Spitzer has lambasted lawmakers for bucking the recommendations of a panel of former state and New York City comptrollers that he and legislative leaders agreed would review applicants.

DiNapoli, a Nassau County Democrat, was supported by almost all the Assembly's Democrats.

Spitzer's aides say the governor may criticize Reilly -- whose constituents include many retirees and state workers concerned about the state pension plan -- for voting to place the retirement system in the hands of an unqualified investor.

The comptroller is the sole trustee of the pension fund.

"Bob can't call himself a reformer and denounce the governor when he objects to cronyism in the assembly," said Spitzer spokesman Darren Dopp.

Spitzer is blasting individual Assembly members in their districts as he promotes his $120.6 billion budget plan during stops across the state.

Already, he has sharply criticized Assemblymen William Magnarelli in Syracuse and George Latimer in Westchester County, questioning their commitment to reform.

Reilly, who spoke in favor of DiNapoli during the comptroller's vote, said he welcomes Spitzer's reform agenda, but "nevertheless I think it's very unfortunate ... that the executive deigned to insert himself into that process ... in a very inappropriate way."

The comptroller's post became vacant after Democrat Alan Hevesi resigned in December as part of a plea deal in which he avoided jail time for a fraud scandal in which he used state employees to chauffeur his wife and do personal chores for her.

Under the state Constitution, Spitzer could have appointed a comptroller between Jan. 1 and Jan. 3, when the Legislature was not in session.

Instead, he agreed with legislative leaders to use the selection panel, his aides say.

The panel, however, recommended none of the five Assembly members who sought the comptroller's job.

Silver said his members, including Reilly, will be working on improving health care and would not respond directly to Spitzer's attacks.

Bruno has said the governor should move on: "It's time to govern."

Reilly said he talked with a representative of the governor, who told him Spitzer could have filled the post.

Reilly maintains Spitzer is wrong to assert that DiNapoli is unfit for the job.

He noted that Spitzer has nominated Assemblyman Alexander "Pete" Grannis, D-Manhattan, for another high-level post as environmental conservation commissioner.

Grannis passed on the comptroller vote.

"To say that Pete Grannis is appropriate to manage the DEC, of which he would manage 2,000 people, and Tom DiNapoli is not is disingenuous," Reilly said.

Assembly Majority Leader Ronald Canestrari, D-Cohoes, said Spitzer's campaign of picking on lawmakers because of their vote is "a step backwards" and that the governor should focus on negotiating his budget.

"People know Bob Reilly and he will do what's best for his constituents," Canestrari said.

"He'll be proven right once again."

Asked if having a popular governor criticize him will hurt his re-election effort, Reilly suggested he may not run again.

"Who said there will be a re-election effort?" he said.

Assemblyman Joseph Lentol, D-Brooklyn, said Spitzer should not slam lawmakers who rose up against Silver's backroom deal with the governor.

"The reform I'm talking about is not abdicating my responsibility as a member of the Legislature and conceding that power to the executive," he said.

Spitzer, he added, seems to be going after members who are vulnerable to losing election.

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

[Livyjr]

"Spitzer won't pull any punches - Governor expected to continue battles over comptroller vote, control of state Senate"

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

First published: Monday, February 12, 2007

ALBANY -- Gov. Eliot Spitzer will continue to wage a two-front war against the state Legislature this week, slamming Assembly members in their own districts for defying him in the comptroller vote and plotting to help his Democratic Senate allies wrest control of their chamber from Republican hands.

The day after the vote, Spitzer traveled to Syracuse to tout his budget.

While there, he criticized Assemblyman Bill Magnarelli, a Democrat who helped raise $100,000 for Spitzer's 2006 gubernatorial campaign, calling the legislator "one of those unfortunate Assembly members who just raises his hand when he's told to do so."

EL CAUDILLO SPITZER, HOW DOES YOUR ATTACKING THE MEMBERS OF OUR ASSEMBLY GO TOWARDS YOU SEEING THAT OUR LAWS ARE FAITHFULLY EXECUTED?

CAN YOU ANSWER THAT FOR US COMMON CITIZENS UP HERE, WHO ARE FOR THE CONSTITUTION AND THE LAW, AND SO, ARE PRESENTLY ALIGNED AGAINST YOU, AS THE BIGGEST THREAT WE SEE TO THAT CONSTITUTION, AND OUR LAWS WHICH FLOW FROM IT TO PROVIDE US WITH ORDER IN OUR LIVES UP HERE?

"In spoiling for a fight, Spitzer shows his dysfunctional side"

Fred LeBrun, Political Analyst, Albany, New York Times Union

First published: Tuesday, February 13, 2007

What fantastic political theater we're being forced to watch.

Sweeney Spitzer, the demon barber of State Street, who makes tasty meat pies from legislators who dare oppose him.

Who knew he had it in him?

I suppose if we had read the book "Spoiling for a Fight" we would have known.

But we didn't know.

Now we do.

In the short term, Eliot Spitzer will rile up the general population that's heard for years how dysfunctional the state political process has become, and he will score a few cheap political points.

Like he did last week with Syracuse Democratic Assemblyman Bill Magnarelli, who had the nerve to vote his own mind for a new state comptroller -- defying the governor.

Magnarelli voted for Tom DiNapoli.

Spitzer was trying to steer the process to elect his choice, Martha Stark, New York City's finance commissioner.

So Spitzer, in a delightful bit of mean-spiritedness, bad-mouthed Magnarelli in the assemblyman's own district.

He called Magnarelli "one of those unfortunate Assembly members who just raises his hand when he's told to do so."

Ah, but talk about hypocrisy.

If you go back and look at the actual vote, every Democrat in the Senate voted as a bloc for Stark.

Because they were told to do so, in no uncertain terms.

By the governor's office.

Democrats are the minority in the Senate.

They depend on the governor's office, not on the majority Senate Republicans, for pork barrel largesse.

So, yes, we are witnessing hysterical, finger-pointing misdirection and hypocrisy at its most breathtaking during the governor's magical mystery tour promoting his budget.

Although it is barely about promoting his budget so much as it is about screaming "DYSFUNCTIONAL LEGISLATURE! DYSFUNCTIONAL LEGISLATURE!" over and over, and hoping it sticks.

But in the long term, all of this will become increasingly irritating and annoying, and not productive.

At the moment, Spitzer is all about outrageous style and spin, but woefully short on substance.

Eventually, that will show.

Remind me again, exactly how is the Legislature being dysfunctional?

Okay, we can argue over the choice of the replacement for the disgraced state comptroller, Alan Hevesi.

But show me where the Legislature didn't do its job.

Legislators picked a candidate, and a darned good one, quickly and decisively.

I would argue the dysfunction was totally in the governor's office for playing clumsy, arrogant politics that did not get the results Eliot Spitzer wanted.

What does he want?

To control the Legislature.

So how is that better than what we have now?

It's not.

The only thing worse than one-party rule is one-person rule.

You know what that's called.

Frankly, Eliot Spitzer can be thankful the Legislature gave him the measured, thoughtful, gentlemanly Tom DiNapoli as comptroller.

Just imagine if my first choice, Richard Brodsky, had prevailed.

On any given day, Richard can out-Spitzer Spitzer in terms of bombastic political theater.

Put the governor between Attorney General Andrew Cuomo and Comptroller Richard Brodsky, and we'd all have headaches.

Lost in the present Spitzer-generated malarkey, which is really about trying to destabilize the Legislature, is any meaningful discussion of the state budget before us.

Did you know, for example, that reformer Eliot Spitzer's proposed budget is nearly 5 percent higher than last year's, that it is higher than the consumer price index?

And that's before the Legislature adds anything to it?

Hello?

Can we get back to business here?

Fred LeBrun can be reached at (518) 454-5453 or by e-mail at flebrun@timesunion.com.

end quotes

When this Assemblyman Bill Magnarelli was "out there" ....

Raising $100 GRAND ......

For "EL CAUDILLO" Spitzer's 2006 GUBERNATORIAL BID ....

I wonder if he was then ....

"One of those unfortunate Assembly members who just raises his hand when he's told to do so ....."

By "EL CAUDILLO" Spitzer ....

"BILL, GET YOUR *** OUT THERE ON THE STREET, AND HUSTLE ME UP $100 GRAND, OR YOU'RE GONE!"

Just curious, of course ...

And so ...

[Livyjr]

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.

THE CONSTITUTION OF THE STATE OF NEW YORK

As Revised, with Amendments Adopted by the Constitutional Convention of 1938 and Approved by vote of the People on November 8, 1938.

As Amended and in Force January 1, 2002, but with November 2003 results included

ARTICLE V - Officers and Civil Departments

Section 1. The comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV.

The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general.

http://www.senate.state.ny.us/lbdcinfo/senconstitution.html

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 HERE IS A TASTE ....

OF WHAT HAPPENS ....

IN A CORRUPT EMPIRE ....

WHERE THE CITIZENS THEMSELVES ....

HAVE NO IDEA OF WHAT CONSTITUTIONAL GOVERNMENT IS OR MEANS ....

AND THEN GET WHIPPED UP ...

INTO A SNARLING FRENZY ....

BY A "CAUDILLO" ....

LIKE ELIOT SPITZER ....

THE SELF-PROCLAIMED "VOICE OF THE PEOPLE" ....

IN THE CORRUPT EMPIRE OF NEW YORK ....

WHICH IS ONE OF THE REASONS THIS THREAD IS RUNNING, TO BE TRUTHFUL ....

AS I PERSONALLY DO NOT LIKE LIVING IN A STATE OF "WAR" ....

HERE IN MY OWN HOME STATE .....

A WAR CAUSED BY EXPLOITATION OF IGNORANCE ....

BY "CAUDILLOS" LIKE ELIOT SPITZER ...

And so ....

"Letter threatens new comptroller - Police probe message that also mentioned Assembly Speaker Silver"

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

First published: Wednesday, February 14, 2007

ALBANY -- Less than a week after taking office, Comptroller Thomas DiNapoli on Tuesday received a threatening letter that named both him and Assembly Speaker Sheldon Silver, spokesmen for DiNapoli and State Police said.

A comptroller's office employee who opened the envelope discovered a white powder and immediately informed a supervisor, comptroller spokesman Dan Weiller said.

The supervisor called police just after 9 a.m.

Police determined the substance was not dangerous, Weiller said.

The comptroller's office was not evacuated, but the Albany Fire Department was called and removed the letter, State Police Sgt. Kern Swoboda said.

The letter, which carried an Albany postmark, was then given to police.

A transcript of the note referred to DiNapoli's election by the Legislature, rather than by the public.

"You weren't elected by the people," it said.

"I see you walking by the capitol."

"Forgive me, I'm so depressed."

"I'm going to give you the Huey Long treatment."

"Do you know who he was?"

"I was a marksman in the army."

"Two shots that's all."

"Please forgive me -- I'm so depressed."

"Silver has got to go too."

The threat comes during a political battle between Gov. Spitzer and lawmakers over the Legislature's election last week of DiNapoli, an assemblyman, as comptroller.

Spitzer and legislative leaders initially agreed to have a panel of former state and New York City comptrollers recommend finalists to lawmakers for the post.

But the panel's list contained none of the assemblymen who applied.

The Legislature, dominated by Assembly Democrats, elected DiNapoli over Spitzer's objections.

DiNapoli, a Democrat, replaced Alan Hevesi, who resigned in December.

Silver spokesman Charles Carrier said the Assembly Speaker's office was notified of the threat at about 11 a.m. by the comptroller's office and called State Police.

[Livyjr]

And pardon my absence in here yesterday ....

Had to deal with some snow ....

Which takes priority over just sitting here at the keyboard ....

If I want to get out of the driveway ....

And so ...

[Livyjr]

"New state health commissioner defends cuts - Once on the receiving end of budget reductions, former hospital administrator now advocates them"

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

First published: Wednesday, February 14, 2007

ALBANY -- The state's new health commissioner empathized with hospital leaders as he defended the governor's proposed health budget on Tuesday.

Dr. Richard Daines appeared at the joint budget hearing held by the Senate Finance Committee and Assembly Ways and Means Committee to present Gov. Eliot Spitzer's $48.2 billion health budget.

The budget is $1.2 billion lower than the state's health providers say they deserve.

Just a few weeks ago, Daines was a hospital president himself.

Daines, who has yet to be sworn in as health commissioner, was chief medical officer of St. Luke's Roosevelt Hospital Center in New York City.

"I know what it's like to be on the receiving end of an executive budget," Daines said.

Assemblyman Richard Gottfried said Daines had been on the receiving end of legislatively adjusted budgets, in which cuts had been restored.

Daines was flanked by two other Spitzer appointees who formerly advocated for state funding of human services.

Deborah Bachrach was a lawyer who specialized in public health insurance law and is now deputy commissioner of the new Office of Health Insurance.

Michael Burgess, the former executive director of the New York State Alliance for Retired Americans, is director of the state Office for the Aging.

"A few months ago, these are the people who would have been calling me up and asking what are we going to do (about these cuts)?" said Daniel Sisto, president of the Healthcare Association of New York State.

Instead, they defended the cuts.

Gottfried, who is chairman of the Assembly Health Committee, pressed Daines for a rationale for freezing the Medicaid inflation rate, as Spitzer has proposed.

Daines said the freeze would reduce the rate of growth of the Medicaid spending, but acknowledged the actual cost hospitals and nursing homes incur is unknown because of the cost-of-service formulas are outdated.

Hospitals, nursing homes and other providers said the cuts would be devastating on top of President Bush's proposed cutbacks, and asked legislators to reject Spitzer's budget until a complete package is crafted.

Daines said he opposed Bush's proposals.

[Livyjr]

"Now, it's Spitzer the statesman who needs to step forward"

Fred LeBrun, Political Analyst, Albany, New York Times Union

First published: Friday, February 9, 2007

Spitzer got himself politically bloodied Wednesday over the Legislature's choice of a new comptroller.

The governor had it coming.

If you're going to play the bully -- and Spitzer has with the Legislature over this -- you better have the muscle to back it up, as in the votes.

He didn't.

His persuasive charm was not enough.

Eliot Spitzer, it seems, has a lot to learn about effective governing.

We like our state constitution with its separation of powers.

Frankly, Spitzer makes a lousy Louis XIV, as in "I am the state."

"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- So, the big question in Albany these days is, Is Eliot Spitzer brilliant, or just nuts?

The governor's very early record these first 40 days didn't lack for striking drama in a town whose gear shift has long been stuck in glacial.

Some say the Democrat's bold treatment of the Legislature shows he's a legislative newbie who, like so many past governors, will be snared in the clutches of the powerful and well-protected body.

Others say Spitzer is, as Rep. Charles Rangel once said in frustration, the "world's smartest man," plotting the only strategy that will shake things up.

"In some of this, I think he's right," said political science Professor Robert McClure of Syracuse University's Maxwell School.

"His position is a position that I think is considered and probably in the best interest of the state ... but his statements signal what I worry may be a serious character flaw, and perhaps a political flaw."

"His statements are over the top," McClure said.

"I have every reason to believe he's a very smart man."

"At some level, even if this is a brilliant Machiavellian strategy, I'm worried about the Machiavelli part of it."

McClure notes that major reform usually requires a huge "jolt."

Nationally, think Depression or a world war.

Perhaps, McClure said, Spitzer is trying to do that in Albany.

"Now you have everything dislodged and all the moving parts are in play," McClure said.

"The governor seems to think he is the center of things and he can make it happen."

"That may or may not be healthy or accurate, but I am doubtful of both."

And of course .....

Through Theodore "Teddy" Roosevelt .....

Who started out his political career ....

As an Assemblyman in the New York State Legislature ....

William Randolph Hearst .....

And his Hearst Corporation newspapers .....

Play a somewhat prominent role ....

In both New York State history .....

And politics, as well ....

And this role is mentioned .....

In an excellent history ....

Of Teddy Roosevelt's early years in politics ....

Entitled I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl, himself a staff writer for the Albany, New York TIMES UNION .....

And one particular vignette from that book ....

Or perhaps INCIDENT is the better word ....

Involving William Randolph Hearst .....

AND THE MURDER ....

OR ASSASSINATION ....

Of a United States president ....

Might be ILLUSTRATIVE .....

Of how we citizens up here .....

View the Albany, New York TIMES UNION

As something to be wary of .....

In our midst .....

As a HEARST CORPORATION STALKING HORSE ....

And without further ado ....

From pp.368,369 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl ......

Roosevelt (Teddy Roosevelt, then vice president of the United States, September 1901) shared none of McKinley's (President William McKinley, who lay dying from an anarchist assassin's bullet) feelings of forgiveness toward the assassin.

"It was in the most naked way an assault not on power, not on wealth, BUT SIMPLY AND SOLELY UPON FREE GOVERNMENT, GOVERNMENT BY THE COMMON PEOPLE, BECAUSE IT WAS GOVERNMENT AND BECAUSE IT YET STOOD FOR ORDER AS WELL AS FOR LIBERTY," Roosevelt wrote.

Three days later, in a letter to Lodge (Henry Cabot Lodge), Roosevelt railed against the anarchistic climate of the times that led to the unthinkable act on the part of Czolgosz, whom he called a "Judas-like dog" and wanted to punish in the most severe way.

*****

Roosevelt expressed incredulity to Lodge about how "it did not seem possible that just at this time in just this country, and in the case of this particular president, any human being could be so infamous a scoundrel, so crazy a fool as to attempt to assassinate him."

ROOSEVELT ISSUED A CALL TO BATTLE AGAINST ANARCHY, THE AUTHORS OF ITS NIHILISTIC TRACTS, AND THOSE WHO SUPPORTED THE PHILOSOPHY OF LAWLESSNESS.

"WE SHOULD WAR WITH RELENTLESS EFFICIENCY NOT ONLY AGAINST ANARCHISTS, BUT AGAINST ALL ACTIVE AND PASSIVE SYMPATHIZERS WITH ANARCHISTS."

"MOREOVER, EVERY SCOUNDREL LIKE HEARST AND HIS SATELLITES WHO FOR WHATEVER PURPOSES APPEALS TO AND INFLAMES EVIL HUMAN PASSION, HAS MADE HIMSELF ACCESSORY BEFORE THE FACT TO EVERY CRIME OF THIS NATURE, AND EVERY SOFT FOOL WHO EXTENDS A MAUDLIN SYMPATHY HAS DONE LIKEWISE."

Roosevelt was alluding to Hearst's newspapers' relentless attacks on President McKinley's policies and on the politician personally.

HEARST'S JOURNAL REACHED A NADIR IN ITS BARRAGE AGAINST MCKINLEY IN APRIL 1901, SHORTLY BEFORE MCKINLEY'S SECOND INAUGURATION, BY EDITORIALIZING IN FAVOR OF POLITICAL ASSASSINATION.

"IF BAD INSTITUTIONS AND BAD MEN CAN BE GOT RID OF ONLY BY KILLING, THEN THE KILLING MUST BE DONE."

The scorn heaped upon Hearst was swift and overwhelming from Republican-affiliated newspapers, which blamed the publisher's editorials for spurring the assassin to pull the trigger against the president.

GROUPS BEGAN BOYCOTTING HEARST'S PAPERS AND THE PUBLISHER RECEIVED DEATH THREATS.

HEARST TRIED TO EXTRACT HIMSELF FROM THE MAELSTROM BY CLAIMING HE PULLED THE OFFENSIVE EDITORIAL AFTER READING IT IN THE FIRST EDITION - AN ASSERTION MADE LONG AFTER THE FACT AND UNVERIFIED.

IN ANY EVENT, HE HAD SENT AN EMISSARY TO APOLOGIZE PERSONALLY TO PRESIDENT MCKINLEY AFTER THE EDITORIAL GENERATED A CONTROVERSY.

BUT THE DAMAGE WAS DONE.

ONE MAGAZINE EDITORIALIZED, "AS FOR HEARST PERSONALLY .... HE WILL ALWAYS REMAIN THE DEGRADED, UNCLEAN THING THAT HE IS, SHUNNED BY EVERY HONEST CITIZEN, AND FOR WHOSE WANDERING FEET THERE SHALL BE NO RESTING PLACE WHERE THE AMERICAN FLAG RISES AND FALLS ON THE BREEZE."

THE SCANDAL FORCED HEARST TO RETREAT FROM ELECTORAL POLITICS AND DOGGED THE PUBLISHER THE REST OF HIS DAYS.

THERE WAS NO LOVE LOST ON THE PART OF ROOSEVELT, WHO HAD DESPISED HEARST SINCE HARVARD.

"HE PREACHES THE GOSPIL OF ENVY, HATRED AND UNREST," ROOSEVELT WROTE OF HEARST.

"HE CARES NOTHING FOR THE NATION, NOR FOR ANY CITIZEN IN IT ..."

"HE IS THE MOST POTENT SINGLE INFLUENCE FOR EVIL WE HAVE IN OUR LIFE."

AND HERE IS A TASTE ....

OF WHAT HAPPENS ....

IN A CORRUPT EMPIRE ....

WHERE THE CITIZENS THEMSELVES ....

HAVE NO IDEA OF WHAT CONSTITUTIONAL GOVERNMENT IS OR MEANS ....

AND THEN GET WHIPPED UP ...

INTO A SNARLING FRENZY ....

BY A "CAUDILLO" ....

LIKE ELIOT SPITZER ....

THE SELF-PROCLAIMED "VOICE OF THE PEOPLE" ....

IN THE CORRUPT EMPIRE OF NEW YORK ....

WHICH IS ONE OF THE REASONS THIS THREAD IS RUNNING, TO BE TRUTHFUL ....

AS I PERSONALLY DO NOT LIKE LIVING IN A STATE OF "WAR" ....

HERE IN MY OWN HOME STATE .....

A WAR CAUSED BY EXPLOITATION OF IGNORANCE ....

BY "CAUDILLOS" LIKE ELIOT SPITZER ...

And so ....

"Letter threatens new comptroller - Police probe message that also mentioned Assembly Speaker Silver"

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

First published: Wednesday, February 14, 2007

ALBANY -- Less than a week after taking office, Comptroller Thomas DiNapoli on Tuesday received a threatening letter that named both him and Assembly Speaker Sheldon Silver, spokesmen for DiNapoli and State Police said.

A transcript of the note referred to DiNapoli's election by the Legislature, rather than by the public.

"You weren't elected by the people," it said.

"I see you walking by the capitol."

"Forgive me, I'm so depressed."

"I'm going to give you the Huey Long treatment."

"Do you know who he was?"

"I was a marksman in the army."

"Two shots that's all."

"Please forgive me -- I'm so depressed."

"Silver has got to go too."

The threat comes during a political battle between Gov. Spitzer and lawmakers over the Legislature's election last week of DiNapoli, an assemblyman, as comptroller.

And from the editors at the HEARST CORPORATION'S Albany, New York Times Union ....

MORE INFLAMMATORY RHETORIC .....

SUCH AS THAT WHICH ALLEGEDLY SPARKED THE ASSASSINATION OF AMERICAN PRESIDENT, WILLIAM McKINLEY ....

"IF BAD INSTITUTIONS AND BAD MEN CAN BE GOT RID OF ONLY BY KILLING, THEN THE KILLING MUST BE DONE ......"

Which INFLAMMATORY RHETORIC from the HEARST CORPORATION EDITORS ....

Only serves to undermine OUR CONSTITUTIONAL FORM OF GOVERNMENT up here in the CORRUPT EMPIRE of NEW YORK ....

WHERE THE CONSTITUTIONAL FUNCTION OF THE GOVERNOR ....

OF THE STATE OF NEW YORK ....

IS TO SEE THAT OUR LAWS ARE FAITHFULLY EXECUTED .....

NOT TO BE PLAYING SILLY CHILDREN'S GAMES WITH THE LEGISLATURE ....

AS IF "EL CAUDILLO" SPITZER .....

WERE A ROYAL GOVERNOR ....

SPARRING WITH A FRACTIOUS COLONIAL ASSEMBLY ...

And so ....

"Stick to it, Mr. Spitzer - What's so dictatorial about a governor who stands up to the members of the Legislature?"

Albany, New York Times Union

First published: Wednesday, February 14, 2007

We knew Governor Spitzer was angry, and understandably so, over being double-crossed on the selection of a state comptroller who came from the ranks of the Legislature and not a list of three, more qualified but less politically connected candidates.

We knew the governor was even citing individual legislators by, horrors, name in an apparent breach of the protocol of the coziness of the Albany culture.

What we didn't know was how that in any way resembled tyranny.

Yet here's state Senate Majority Leader Joseph Bruno's take on the more aggressive governor that we thought the people of New York clearly preferred, judging by the November election results.

"People who dictate, people who are tyrannical, they don't get results," Mr. Bruno said Monday.

On Tuesday, he called the governor a "bully" who was having a "tantrum."

Ah, just what did Mr. Spitzer do to invoke such comparisons, not to mention a crass political threat, besides get his back up when Mr. Bruno and Assembly Speaker Sheldon Silver backed out of a deal that a panel of former comptrollers would determine which candidates might replace the disgraced Alan Hevesi?

What's wrong with the governor expressing dismay that certain legislators -- all Assembly Democrats, so far -- he thought were all for reforming state government instead embraced politics that ought to be obsolete by now by treating a critically important position as political booty?

All this, and Mr. Spitzer hasn't even gotten to Mr. Bruno or any other Republican senator.

What sort of accusations and comparisons will be coming from Mr. Bruno if the governor starts prodding them -- again, by name -- to cease being the biggest obstacle of all to campaign finance reform and to taking the power to draw legislative districts out of legislators' hands?

The Legislature might actually be an even bigger problem than Mr. Spitzer makes it out to be.

The resistance to a governor calling them as he sees them, and putting its members on record, is unsettling, especially when relatively little about state government gets fixed without the Legislature's consent.

Listen to the howls of protest about how audacious and crass Mr. Spitzer is when he declines to let legislators hide behind their leaders.

The reform measures that will bring about competitive elections can't be passed soon enough.

Oh, there's something that smacks of tyranny in Albany, all right.

It's the arrogance of a political culture that's caught so indignantly off guard by the very notion of accountability.

Mr. Spitzer has the perfect antidote to that. Just listen:

"There are maybe some votes they can win because they have the votes."

"But it is going to be a very temporary win because the public understands there is a fundamental problem and the status quo at the end of the day will give in to the argument we are making that things have to change."

Tyrannical?

No, logical.

[Livyjr]

"IF BAD INSTITUTIONS AND BAD MEN CAN BE GOT RID OF ONLY BY KILLING, THEN THE KILLING MUST BE DONE ......"

- HEARST CORPORATION NEWSPAPER EDITORIAL CALLING FOR ASSASSINATION OF AMERICAN POLITICAL LEADERS, circa 1900

From pp.368,369 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl ......

ONE MAGAZINE EDITORIALIZED, "AS FOR HEARST PERSONALLY .... HE WILL ALWAYS REMAIN THE DEGRADED, UNCLEAN THING THAT HE IS, SHUNNED BY EVERY HONEST CITIZEN, AND FOR WHOSE WANDERING FEET THERE SHALL BE NO RESTING PLACE WHERE THE AMERICAN FLAG RISES AND FALLS ON THE BREEZE."

"HE PREACHES THE GOSPIL OF ENVY, HATRED AND UNREST," ROOSEVELT WROTE OF HEARST.

"HE CARES NOTHING FOR THE NATION, NOR FOR ANY CITIZEN IN IT ..."

"HE IS THE MOST POTENT SINGLE INFLUENCE FOR EVIL WE HAVE IN OUR LIFE."

And as the OUT-OF-STATE HEARST CORPORATION continues ....

TO PREACH THE GOSPIL OF ENVY, HATRED AND UNREST .....

HERE IN THE CORRUPT EMPIRE OF NEW YORK ....

DICTATING to us ....

THE CITZENS OF THIS STATE ....

How OUR government here in the CORRUPT EMPIRE of NEW YORK MUST FUNCTION ....

IN ITS VIEW, ANYWAY ....

DESPITE OUR STATE CONSTITUTION ....

We have ....

"Mr. Silver's olive branch - He reaches out to an angry Gov. Spitzer, but his deeds must match his words"

Albany, New York Times Union

First published: Tuesday, February 13, 2007

Assembly Speaker Sheldon Silver sure sounds magnanimous, and puzzlingly so, for someone who's been on the receiving end of some extremely harsh, if generally justified, remarks by Governor Spitzer.

Rather than return fire, after the governor said he lacked integrity, Mr. Silver says he's determined to work with his adversary.

"I think together as partners we can accomplish a lot," Mr. Silver said last week in the aftermath of a showdown in which the Assembly and the rest of the Legislature defied Mr. Spitzer and saw to it that one of its own members, Thomas DiNapoli of Nassau County, was selected as the new state comptroller.

What gives?

What's missing in this script of political maneuvering?

One approach is to skip trying to read the tea leaves and simply take Mr. Silver at his word -- and hold him to it.

There's still a state government to fix, more urgently so than ever.

If Mr. Silver is implying that the gamesmanship of the comptroller's election shouldn't be a barrier to reform of a Capitol culture that's deteriorated even further, let him be among those who lead the way.

Mr. Silver was talking about what an intensely committed governor Mr. Spitzer is last week.

He could stay on the high road, then, and demonstrate a commitment of his own.

It's no mystery what needs to be done to make state government more representative and accountable.

A speaker so eager to work with the governor would of course be an ally of equal intensity in the quest to turn the power to draw legislative district lines over to a nonpartisan commission.

He'd be as insistent as the governor in reforming the state's campaign finance laws.

To be fair, Mr. Silver has been supportive of both causes in the past -- more so, certainly, than Senate Majority Leader Joseph Bruno.

But it's the failure, year after year, to get such measures enacted that makes for a Legislature that treats such a critically important and specialized position like state comptroller as an object of political spoils.

Legislators who can't be quite so assured of re-election every two years might have thought again before insisting that the vacancy in the comptroller's be reserved for political reward.

A Legislature where reform is measured more by deed and less by rhetoric would be a very different and very welcome place.

There'll be little reason to parse Mr. Silver's statesmanlike words and tone when he's talking about genuine accomplishments on his and his colleagues' part, rather than declining to get into a public war of words with a very blunt and angry governor.

The speaker's words of admiration for the governor will mean a lot more when Mr. Spitzer is inclined to stand at Mr. Silver's side to receive such praise, instead of continuing to attack him.

Mr. Silver needs, in other words, to see to it that last week's stunt isn't repeated, and that the Assembly is above such cronyism.

When that's the case, his magnanimity will be so refreshing that it leaves no suspicion.

Your move, Mr. Silver.

[Livyjr]

Friday, December 12, 2003:

"Fund-raiser nets Spitzer $2 million - luncheon for likely gubernatorial candidate attracts hedge fund managers, lawyers"

by Matthew Cox, Bloomberg News:

New York State Attorney General Eliot Spitzer collected more than $2 million at a political fund-raiser, with hedge fund managers and lawyers among the big donors, and said HE COULD ACCEPT CAMPAIGN FUNDS FROM THE INVESTMENT COMMUNITY WITHOUT COMPROMISING HIS ENFORCEMENT ROLE.

Spitzer, the leader of investigations into Wall Street conflicts of interest and mutual fund trading, has said he is interested in running for governor in 2006.

Though he hasn't officially declared his candidacy, Thursday's fund-raiser was Spitzer's biggest ever.

His investigations of "certain aspects of the securities market doesn't mean there can't be or shouldn't be contributions from anybody within that sector, any more than it would mean because we bring consumer-type cases, no consumer manufacturer could contribute," Spitzer told reporters.

He said his campaign committee has "a very careful vetting process" to avoid accepting gifts from donors under scrutiny by his office.

A Spitzer campaign aide who declined to be identified said hedge funds, lawyers AND THE REAL ESTATE INDUSTRY were among his LEADING SOURCES of campaign MONEY.

The luncheon at the Sheraton New York Hotel drew hedge fund manager Daniel Nir of Gracie Capital LP, who with his wife, Jill Braufman, donated $50,000 in June; Cablevision President James Dolan; Miramax Film Corp. co-chairman Harvey Weinstein, and Melvyn Weiss, one of several lawyer donors who has sued securities firms for investors based on Spitzer's investigations.

"There are a lot of hedge funds that have not been trading the way the naughty ones have," said Roy Smith, a professor of finance at New York University.

"THEY WOULD LOVE TO HAVE MR. SPITZER INVESTIGATE ALL THEIR COMPETITION that's been too aggressive."

Spitzer's investigative work "gives investors a sense that someone's keeping an eye on what's in their best interest," said donor George Fox, founder of Titan Advisors, a hedge fund consultant.

Cynthia Darrison, managing director of the Spitzer campaign committee, said that the event attended by nearly 700 people generated more than $2 million.

"This is meant as a preemptive strike" with 35 months to go until the election, said Douglas Muzzio, professor of public affairs at Baruch College in New York.

"He's saying 'I can raise huge amounts of money.'"

end quotes

Yes, he certainly can.

But by "selling" what?

Or "who", perhaps?

HURRY! HURRY! HURRY!

GOVERNMENT FOR SALE!

GOVERNMENT FOR SALE!

STEP RIGHT UP, FOLKS ....

AND GET SOME .....

WHILE IT IS HOT!

GOVERNMENT FOR SALE!

"Deeper pockets - New York's already high limits on campaign contributions are going up once again"

Albany, New York Times Union

First published: Thursday, February 15, 2007

Only in New York.

Only in a state that makes an utter mockery of campaign finance laws, with the highest maximum contribution limits of any state that bothers to have them, would the high-rolling special interests and other deep-pocketed donors be further enabled while the genuinely needy get no additional help at all.

The maximum donations -- previously $50,100 for contributions made directly to candidates for statewide office, and $84,000 to political parties -- are going up.

Why?

Because state law stipulates as much, as an adjustment for inflation.

Yup, the people who give that kind of money and the politicians who receive it get a break like that.

No one in power -- that would be the recipients of those sky-high contributions -- seems to think that maybe the minimum wage should work the same way.

Or that people on welfare, who haven't had an increase in benefits in 16 years, or college students receiving money from the state's Tuition Assistance Plan, might be hit harder by inflation than the political donor class.

As for how insanely high the contribution limits have become, how's $55,800 for contributions to candidates, and $94,200 for donations to political parties sound?

Nothing like that, we'd have to say, to call even more attention to the campaign finance reform that Mr. Spitzer is so determined to get through the Legislature.

The $10,000 contribution limit he's imposed on himself is beginning to look reasonable by contrast, now that other candidates and their donors have been spared from the cruelties of inflation.

The reform agenda has just gotten more extensive, though.

In addition to imposing reasonable limits on political contributions and providing for publicly financed political campaigns, New York also needs to find a way to give cost of living adjustments to everyone from low-wage workers to public assistance recipients to college kids on financial assistance.

No, that wouldn't be welfare, really, or any other sort of entitlement.

Instead it would be more like parity with the big boys and the donors who allow them to run those high-priced political campaigns.