THE NEW YORK POST

"ELIOT'S E-MAIL ENIGMA"

September 5, 2007 -- The fierce attempts by Gov. Spitzer and his aides to withhold e-mails about his office's dirty-tricks scandal raises yet again an obvious question: Just what exactly are they trying to hide?

Is there something about those messages that are just too damaging for Team Spitzer voluntarily to disclose?

Something more harmful than the specter of the Executive Chamber fighting requests for the e-mail by the state Ethics Commission, as Post State Editor Fredric U. Dicker reported yesterday, and letting everyone simply assume the worst?

Indeed, something perhaps that ties the governor himself to the affair - in which his office had State Police collect supposedly damaging information about Senate Majority Leader Joe Bruno and then fed it to a compliant newspaper?

It sure seems that way.

After all, if Spitzer were as blameless as he has claimed, he could have made this whole sordid scandal disappear long ago - simply by insisting that he and his aides be allowed to testify under oath and by having them turn over all e-mails, public and private, that have a bearing on the probes of the affair.

Instead, his office has fought at every turn to withhold information.

Two key aides - Spitzer's newly reinstated communications director, Darren Dopp, and his chief of staff, Richard Baum - pointedly refused, for example, to answer questions during Attorney General Andrew Cuomo's probe of the affair.

Aides also intentionally withheld private e-mails from Cuomo.

"They punted the [Ethics Commission's e-mail] requests to the private lawyers rather than make . . . Dopp and [Spitzer's demoted homeland-security adviser, Bill] Howard, who are on the state payroll and under their control, turn them over," Dicker quoted one source as saying.

Meanwhile, two other aides were given "special counsel" status, which allowed them to assert lawyer-client privilege and avoid being questioned.

Now, as Dicker notes, Team Spitzer is resisting efforts by the Ethics Commission to obtain those private e-mails.

What are New Yorkers to think?

But this time, the Spitzer folks' attempts at obfuscation may fail: Unlike Cuomo, the ethics panel has the power to subpoena testimony, e-mail and any other records it believes to be relevant.

It mustn't hesitate to do just that.

Again, if Spitzer has nothing to hide, he shouldn't mind handing over documents and having aides - and even himself - sit through questioning under oath.

Either way, though, the truth needs to out.

Maybe this time, finally, it will.

http://www.nypost.com/seven/09052007/posto...mail_enigma.htm

THE NEW YORK POST

"GOV NOW SUPPORTS AIDE HE BLASTED"

By FREDRIC U. DICKER State Editor

August 30, 2007 -- ALBANY - Gov. Spitzer, who last month suspended top aide Darren Dopp for improper conduct in the explosive dirty-tricks scandal, changed his tune yesterday and insisted, "He didn't violate any rule, any law, any ethical obligation that we are aware of."

Spitzer, who restored Dopp to his $175,000-a-year job as communications director Monday, also claimed the punishment of his longtime aide was "perhaps arguably too severe."

Spitzer's eyebrow-raising comments to an upstate TV station came just days before Dopp is expected to be questioned by the state Ethics Commission.

The panel is probing the use of the State Police by Dopp and other top aides to the governor to gather supposedly damaging information on Senate Majority Leader Joseph Bruno (R-Rensselaer.)

Dopp's lawyer suggested earlier this month that his client's loyalty to the governor might not hold if he were not returned to the state payroll.

Spitzer suspended and denounced Dopp in the wake of a bombshell report from Attorney General Andrew Cuomo in late July outlining details of the scandal.

Aides to Bruno said earlier this week that they believed Spitzer put Dopp back on the payroll to buy his silence before the commission and the Albany County District Attorney's Office, which is also probing the scandal.

Meanwhile, the GOP-controlled Senate Investigations Committee announced that Spitzer's inspector general, Kristine Hamann, facing a subpoena to testify about her knowledge of the scandal, had agreed to appear at a public hearing next Thursday.

fredric.dicker@nypost.com

http://www.nypost.com/seven/08302007/news/...de_he_blast.htm

THE NEW YORK POST

"ELIOT'S ETHICS AMNESIA"

August 31, 2007 -- Gov. Spitzer Wednesday afternoon told an upstate TV station that Communications Director Darren Dopp - front and center in the "Dirty Tricks" scandal that's embroiled the administration for nearly two months now - "didn't violate any rule, any law, any ethical obligation that we are aware of."

No "ethical obligation that we are aware of"?

OK.

So, if that's the case, why did Spitzer suspend Dopp from the state payroll?

The governor ordered the suspension after Attorney General Andrew Cuomo confirmed in detail the reporting of Post State Editor Fredric U. Dicker on Dopp's role in the bungled smear of state Senate Majority Leader Joe Bruno.

To wit, Dopp and Bill Howard, assistant Homeland Security secretary, recruited acting State Police superintendent Preston Felton into a plan to embarrass Bruno.

True, the Cuomo report didn't declare that a crime had been committed.

But that may have been because Cuomo lacked the power to question Dopp (or other key aides such as Spitzer chief of staff Richard Baum) under oath.

On top of that, Spitzer's deputy chief of staff, Sean Patrick Maloney, and policy director, Peter Pope, were designated as "special counsels" - whereupon lawyer-client privilege shielded them from Cuomo's questioning.

As a result, Cuomo was unable to learn exactly how far up the chain of command this apparent conspiracy went - into the governor's office, for example.

Even so, following the release of Cuomo's report, a supposedly outraged Spitzer suspended Dopp indefinitely.

"Indefinitely" ended Monday: Dopp's $175,000 salary was restored just before he is to testify before the State Ethics Commission - and while Albany County DA David Soares is continuing his own investigation of the matter.

Spitzer's newfound support for Dopp - during the same interview, he declared that the suspension was "arguably too severe" - sure looks like another signal to Dopp to stay loyal to the governor as the multiple probes continue.

Even more troubling, frankly, is the prospect that Spitzer is actually telling the truth - that is, that he sees no ethical transgressions in Dopp's conduct.

Not to wear out the facts, but Dopp did sic the State Police on his boss's most bitter political enemy - nobody is disputing that, after all.

If Spitzer really doesn't see the ethical issues raised by this entire affair, then maybe he truly is beyond help.

Either way, it remains that Eliot Spitzer was handed a resounding mandate to reform the politics and government of the Empire State - and he squandered it in the blink of an eye.

And it seems that he hasn't noticed.

http://www.nypost.com/seven/08312007/posto...ics_amnesia.htm

"Spitzer aide meets with Soares' investigators - Lawyer for Darren Dopp says questions focused on Bruno actions, e-mails related to Troopergate affair"

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

First published: Saturday, September 8, 2007

ALBANY -- Investigators for Albany County District Attorney David Soares looking into the Troopergate scandal questioned gubernatorial aide Darren Dopp for nearly three hours Friday, focusing on what Dopp's lawyer said were Senate Majority Leader Joseph L. Bruno's longtime use of state aircraft and e-mails between Dopp and others in the affair.

Dopp, Gov. Eliot Spitzer's communications director, briefly broke his silence after he and his lawyer, Terence Kindlon, emerged from the meeting at Soares' office.

"I want to tell my side of the story," Dopp said, adding he has hidden nothing from investigators, but doesn't want to comment further due to the ongoing investigation.

"I look forward to the time when I can tell my side of the story."

Friday marked the second meeting Dopp and Kindlon have had with members of Soares' office.

Kindlon said the two assistant district attorneys and investigator they spoke with appeared to be interested in Bruno's flights.

"Senator Bruno has been flying in this helicopter back and forth between New York City and Albany about 15 years now," Kindlon said of the Brunswick Republican.

"Senator Bruno's use of the helicopters has been questioned many, many times."

A Times Union story on three such helicopter trips earlier this year triggered the scandal.

Following the story, which questioned whether the trips were proper, Bruno accused Spitzer's office of keeping tabs on him in an act of political espionage.

That led to an investigation by Attorney General Andrew Cuomo, who in a July 23 report concluded that Dopp, former homeland security official William Howard, and acting State Police Superintendent Preston Felton had improperly gotten State Police personnel to create from memory itineraries of Bruno's trips to New York City.

Cuomo found no real espionage and said no laws had been broken.

But he also concluded that Spitzer's aides improperly enlisted State Police for what was essentially a political matter.

Since then, Howard has been reassigned and Dopp was suspended from his job. '

While not back at work, Dopp's $175,000 salary was restored late last month.

Kindlon said that he presented Soares' investigators with a series of newspaper articles about Bruno's use of state aircraft on Friday.

They also discussed e-mails from Dopp's official New York state account and a private account.

"There's a long, long series of e-mails that has been the subject of investigation by Mr. Cuomo, the Albany County District Attorney, and there were many, many questions about that, all of which I felt we answered quite satisfactorily."

Kindlon said the e-mails were limited in scope, and added that they included communications with a reporter who he did not identify.

Cuomo's report had noted that the Times Union reporter who wrote the travel story on Bruno, James M. Odato, filed Freedom of Information Law requests to obtain the information Spitzer's aides had gathered.

Kindlon asserted that Dopp has done nothing wrong.

"Darren has done nothing illegal."

"He's done nothing unethical," said Kindlon.

He also noted that Dopp was not subpoenaed to meet with Soares.

"We've told the DA's office that they don't need to subpoena anything."

"All they need to do is describe it and we'll provide it."

The meeting with Dopp and Kindlon came as Soares is said to be nearing an end to the Troopergate investigation.

A source close to Soares had said earlier that the DA does not believe anything criminal occurred.

Soares spokeswoman Heather Orth declined to comment on Friday's meeting.

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

"NYRA still owes $1 million promised to avoid prosecution"

By MICHAEL GORMLEY, Associated Press

Last updated: 1:05 p.m., Tuesday, September 11, 2007

ALBANY -- The New York Racing Association hasn't paid $1 million it promised federal prosecutors in a 2004 deal that deferred and ultimately avoided a criminal prosecution, a spokesman for U.S. Attorney Roslynn R. Mauskopf said Tuesday.

The news comes a week after NYRA gained the support of Gov. Eliot Spitzer to hold onto the lucrative state franchise to run the Aqueduct, Belmont and Saratoga thoroughbred tracks for up to 30 years.

Spitzer also proposes a state bailout of NYRA's debts that could exceed $200 million.

A state Senate committee is scheduled to consider Spitzer's recommendation in a hearing on Wednesday. The franchise, which NYRA has held since 1955, expires Dec. 31.

"They still owe $1 million, but they did declare bankruptcy," said Robert Nardoza, spokesman for the federal attorney for the Eastern District of New York.

The debt was first reported in the New York Daily News Tuesday.

Nardoza said the federal prosecution couldn't be reopened even if the total $3 million in restitution isn't fully paid because the indictment was dismissed as part of a deal that included management and other reforms at NYRA.

Now, the federal government is one of NYRA's creditors awaiting payment or partial payment of debts.

Nardoza said about $2 million was paid before NYRA sought U.S. Bankruptcy Court protection from its creditors as it reorganized under new management.

NYRA that had been dogged for years by state and federal investigations into its management and compensation of top officers.

A federal conviction could have dissolved NYRA.

The $3 million restitution was to cover fines and the cost of the investigation.

Federal and state officials -- including Spitzer as attorney general -- were investigating corruption, mismanagement, tax evasion, money laundering and other allegations.

There was no immediate comment from NYRA or Neil Getnick, the court-appointed federal monitor who helped secure the agreement for NYRA to avoid prosecution.

His law firm, Getnick & Getnick, has been hired by NYRA as its counsel to assure business integrity, a major factor considered by Spitzer in evaluating NYRA and three other competitors for the franchise.

NYRA has said its fiscal problems were mostly the result of its failure to compete with rising forms of gambling including casinos and lotteries.

The new franchise, however, will include revenue from video slot machines.

THE NEW YORK DAILY NEWS

"Exclusive - Senior Spitzer aide Darren Dopp is target of Ethics probe"

By JOE MAHONEY, DAILY NEWS ALBANY BUREAU CHIEF

Wednesday, September 12th 2007, 4:00 AM

ALBANY - Darren Dopp, the senior aide Gov. Spitzer put back on the state payroll after a month's suspension for Troopergate, is a target of the State Ethics Commission probe of the dirty tricks plot.

Dopp has been sent an Ethics Commission letter giving him 15 days to provide a written explanation in response to suspicions he may have violated state law as Spitzer's communications director, according to his lawyer, Terence Kindlon, and a source close to the probe.

Dopp was served with a commission subpoena Monday, directing him to turn over a raft of e-mails and other documents relating to a conspiracy to generate a news story smearing Senate GOP leader Joe Bruno, Kindlon said.

Spitzer chief of staff Richard Baum, who was informed of the scheme through e-mails, also has gotten a subpoena "along with a number of other people," a source said.

Unlike Dopp, Baum did not receive a "15-day letter" that would signal he is a target.

Spitzer spokeswoman Christine Anderson said she could not comment on the ongoing probe.

Kindlon, arguing the subpoena to Dopp is overly broad, said he'll try to quash it.

"The subpoena asks for just about everything on the planet," the lawyer said.

"Instead of a laser beam, it's more like a bright flash of light."

He also said the subpoena could also raise First Amendment issues because e-mail exchanges between Dopp and Albany Times Union reporter James Odato, among other journalists, are being sought.

The commission earlier subpoenaed records from Odato but quickly withdrew it.

"What they have been denied through the front door they are trying to get through the back door," Kindlon said.

The commission has the authority to investigate suspected breaches of the Public Officers Law.

Dopp and Baum refused to answer questions Attorney General Andrew Cuomo's investigators wanted to put to them before completing a July 23 report that concluded Spitzer aides misused state police in their effort to smear Bruno.

Cuomo determined there was no spying on Bruno but said Spitzer aides leaned on state police to create documents Dopp fed to the Albany paper for a story raising questions about the senator's use of state aircraft.

Bruno contends the plot was an effort to eliminate him as a rival and to potentially get him indicted.

Spitzer restored Dopp to the state payroll Aug. 27, but he has not returned to the communications office.

jmahoney@nydailynews.com

http://www.nydailynews.com/news/2007/09/12...is_targe-2.html

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

AND WHAT ON EARTH IS UP WITH THIS, PRAY TELL?

"Relieving One Fear"

September 10, 2007 at 6:40 pm by Jay Jochnowitz, State Editor

If you’ve been hesitant to report a terrorist plot because you’re afraid of a lawsuit if you’re wrong, worry no more.

Gov. Eliot Spitzer signed a “Freedom to Report Terrorism Act,” which shields people from civil and criminal liability if they report someone who they believe is involved in a criminal or terrorist act.

Malicious acts of false reporting aren’t covered.

http://blogs.timesunion.com/capitol/?p=5378#comments

Posted by: John Galt | September 12, 2007 8:32 AM

http://www.nydailynews.com/blogs/dailypoli...he_day_107.html

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

I have to say truthfully that when I read these words above here describing this thread, I was so taken aback that I was speechless!

From the bowels of what hell did this “Freedom to Report Terrorism Act” come from, I wonder ….

And where are the contents of the BILL JACKET, pray tell, which supports this “Freedom to Report Terrorism Act”?

CAN WE HOPE TO SEE THEM ON-LINE WITH A LINK IN HERE?

AND HOW IS IT THAT THIS IS THE FIRST TIME THAT WE ARE HEARING A WORD ABOUT THIS “Freedom to Report Terrorism Act”?

WHO in New York State has been hesitant to report a terrorist plot because they’re afraid of a lawsuit if they’re wrong?

WHERE IS THE SUPPORTING DATA HERE?

WHO is it that these people are reporting “terrorist plots” to, in the first place, so that such reporting is going to expose the reporters to a lawsuit if they are wrong?

SOMETHING SOUNDS OUTLANDISH HERE?

If these people are wrong, then there should be no problems for them, BECAUSE THE INVESTIGATIVE AGENCIES WOULD TAKE NO FURTHER ACTION!

OR WOULD THEY?

What exactly is going on here?

Gov. Eliot Spitzer signed a “Freedom to Report Terrorism Act,” which shields people from civil and criminal liability if they report someone who they believe is involved in a criminal or terrorist act …

IF THEY REPORT SOMEONE TO WHOM?

And so …

Comment by John Galt — September 11, 2007 @ 7:16 pm

http://blogs.timesunion.com/capitol/?p=5378#comments

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

I am not going to say in here that I am aware of every single thing that goes on in New York State, or the world, for that matter ….

BUT …

I am over 60 years old now, and I have never heard of one person in New York State being subjected to “civil and criminal liability if they report someone who they believe is involved in a criminal or terrorist act” ….

And you would think in this day and age especially that IF people in NYS were being subjected to civil and criminal liability if they report someone who they believe is involved in a criminal or terrorist act, that that would be headline news ….

AND YET, WE HAVE NEVER HEARD OF EVEN ONE SINGLE CASE WHERE SUCH A THING HAS EVER HAPPENED ….

Nor could it have, given the safeguards already built-in to our civil and criminal procedure laws here in NYS …

SO?

What the hell is really going on here?

Clearly, Eliot Spitzer is indemnifying someone for some reason from existing provisions of our laws here in NYS, which means that he is creating a “SPECIAL CLASS” of citizens here in NYS ….

FOR WHAT PURPOSES?

Why did the TU give us no other or further background here, I must wonder …..

What is the real deal here, folks?

This sounds much too much like a prescription for the SULLAN PROSCRIPTIONS from the sick days of Rome, where people could denounce their neighbors as “enemies of the state” when they coveted their possessions and wished to take over on them, or when they wished to rid themselves of their political enemies …

Or it sounds like some hellish law from Nazi Germany in the late-1930’s that would protect “good” German citizens if they denounced someone as a “jew” to the “state” ….

Eliot Spitzer is taking the NYS BILL OF RIGHTS from OUR NYS Constitution and he is shredding it in his bid to make NYS the “best place to do business in the world” ….

And no one in NYS seems to give a damn …

Which really is quite a statement about the population of the state of New York ….

And it is another reason why so many young people flee this “state” …

The way people fled Nazi Germany back in the 1930’s …

And so …

Comment by John Galt — September 12, 2007 @ 7:46 am

http://blogs.timesunion.com/capitol/?p=5378#comments

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Galt,

I too am worried about this new law Elliot signed in.

Indemnification?

Let's say the worst is true?

How do you imagine this could play out?

Can you elaborate?

Posted by: truth-championer | September 12, 2007 8:19 AM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Good morning, John:

I agree with you totally about this so-called "freedom to report terrorism" act.

Does it indemnify malicious gossip?

If so, we're in for a very rough ride.

Posted by: Mike | September 12, 2007 9:50 AM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

With respect to elaborating on this "Freedom to Report Terrorism" Act", truth-championer, AND the incident with Joe Bruno and Eliot Spitzer and the mis-use of the NYSP to crush dissent up here in the Albany area where Article 78 petitions to challenge NYS government corruption are filed, which we see as being directly linked, this is what I have to say ...

The facts start here:

On August 22, 2001, a licensed professional engineer up here in Rensselaer County named Paul R. Plante was taken into custody in the lobby of the Stratton VA Hospital in Albany, N.Y. and was confined in the secure mental facility of the Stratton VA Hospital as an alleged dangerous mental patient who allegedly had been "threatening bloodshed" at the Rensselaer County Office Building in Troy, New York ...

He went to the VA Hospital, according to official VA records, "seeking sanctuary" ....

He was seeking sanctuary at the Stratton VA Hospital because he had fled Rensselaer County in fear of his life after a telephone conversation with a Robert Reiter, a BRUNO REPUBLICAN employed by Rensselaer County government, and a William "BUCK" Shea, one of George Pataki's people in the NYS Division of Veteran's Affairs who for some unclear reason was stationed in the Rensselaer County Office Building in Troy ...

Before he went to the VA Hospital, Plante called an Albany, N.Y. Police Officer, and he asked that Police Officer to come to the Stratton VA to try and find Plante, who at the tiime of that call, had no clear idea as to what was going on, other than the fact that he felt very threatened by the call from Reiter and Shea ...

When the Albany Police Officer finally got to the VA Hospital, Plante was locked up in the secure mental facility ...

The Albany Police Officer gained admittance to the secure mental facility, and after a period of time elapsed, was able to secure Plante's release from involuntary psychiatric confinement there ...

And thus began a saga and a horror story for us up here in Joe Bruno's Rensselaer County which I will recount to you further in another post or more .......

And so ...

Posted by: John Galt | September 12, 2007 5:38 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

With respect to that horror story, truth-championer, and how it relates directly in our minds up here to the Spitzer "Freedom to Report Terrorism" Act" AND the incident with Joe Bruno and Eliot Spitzer and the mis-use of the NYSP to crush dissent up here in the Albany area where Article 78 petitions to challenge NYS government corruption are filed, which we see as being directly linked, here are relevant excerpts from the official report filed with the Stratton VA Hospital by the doctor who was holding Plante in custody in the secure mental facility of the Stratton VA on August 22, 2001:

EXCERPTS FROM RECORDS OF DR. WILLIAM COX OF ALBANY, NEW YORK VA HOSPITAL ON AUGUST 22, 2001 CONCERNING THIS MATTER:

"I reviewed .... faxed information from Bob Reiter and Bill Shea of the Rensselaer County Department of Veterans Affairs, both of whom I also spoke with."

"This encounter was initiated by Mr. Reiter and Mr. Shea, who reported that they had telephone contact with Plante yesterday (August 21, 2001)."

"They notified someone at Good Samaritan Hospital in Troy about the situation, and a police retention order pursuant to sec. 9.41 of the Mental Hygiene Law was issued by John Braaten, based on Mr. Reiter and Mr. Shea's verbal report."

"Neither Mr. Reiter nor Mr. Shea are credentialed mental health providers, and Plante was never examined at Good Samaritan Hospital or any other facility prior to coming here."

"Our records indicate that Plante IS NOT CONNECTED WITH MENTAL HEALTH TREATMENT."

"THE AUTHOR WOULD HAVE RETAINED PLANTE INVOLUNTARILY BUT FOR (AN ALBANY, NEW YORK POLICE OFFICER), who reported he 'went out to dinner last Sunday (8/19/01)' with him and found him to be in his usual state of mind."

"(The Albany, New York Police Officer) listened patiently while Plante reviewed his version of events, and agreed with him."

"I ASKED (THE ALBANY, NEW YORK POLICE OFFICER) IF HE HAD ANY REQUESTS OR CONCERNS ABOUT PLANTE'S MENTAL HEALTH, AND HE REPLIED NEGATIVELY."

"IN FACT, (THE ALBANY, NEW YORK POLICE OFFICER) WAS MORE CONCERNED, AS WAS PLANTE, ABOUT THE LEGALITY OF THE 9.41 PETITION."

"AT THAT POINT, IT WAS MY OPINION THAT PLANTE FELL SHORT OF THE CRITERIA FOR INVOLUNTARY COMMITMENT."

signed,

William F. Cox, MD 08/22/01 1602 HOURS

end quotes

Note that I have redacted the name of the Albany Police Officer who continues to serve with that department to this day ...

And with respect to Mike's concerns above about indemnifying malicious gossip and being in for a very rough ride, note that Plante's involuntary confinement in the Stratton VA Hospital on August 22, 2001 was based on exactly that, and nothing more ...

And but for that Albany, New York Police Officer, Plante would have been kept is secure psychiatric confinement at the Stratton VA Hospital until such time as Rensselaer County was able to secure his transfer to the Samaritan Hospital secure mental facility in Joe Bruno's Troy, where a politically-connected doctor had issued an involuntary psychiatric commitment order for Plante completely sight unseen, as the VA doctor's official report notes ....

And so ...

Posted by: John Galt | September 12, 2007 6:08 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

With respect to Spitzer and Bruno and the mis-use of the NYSP in connection with what Rensselaer County Court Judge Patrick McGrath was to later state in writing was an unlawful imprisonment of Plante in violation of federal and state criminal statutes, note as follows from that VA Doctor's official report above:

"I reviewed .... faxed information from Bob Reiter and Bill Shea of the Rensselaer County Department of Veterans Affairs, both of whom I also spoke with."

"This encounter was initiated by Mr. Reiter and Mr. Shea, who reported that they had telephone contact with Plante yesterday (August 21, 2001)."

"They notified someone at Good Samaritan Hospital in Troy about the situation, and a police retention order pursuant to sec. 9.41 of the Mental Hygiene Law was issued by John Braaten, based on Mr. Reiter and Mr. Shea's verbal report."

end quotes

Thr reference to a "police retention order" implicates a NYSP BCI Investigator named Chris O'Brien who was stationed in the office of Joe Bruno's son, Kenneth Bruno, who was at that time the Rensselaer County District Attorney ...

NYSP BCI Investigator Chris O'Brien is further named by name in an official VA Hospital Police Report of the incident that is filed in the official VA records concerning this Plante incident on August 22, 2001 ....

Kenneth Bruno's office and the NYSP BCI Investigator were key players in securing the involuntary psychiatric commitment order for Plante based on nothing more than lies ...

Or as Mike would say, malicious gossip ...

And so ...

Posted by: John Galt | September 12, 2007 6:40 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

What follows, truth-championer, are relevant excerpts from an August 6, 2004 sworn affidavit of the Albany Police Officer which Eliot Spitzer's office managed to get suppressed, first in Rensselaer County Supreme Court, and then in federal District Court for the Northern District of New York:

1. I am qualified as a law enforcement officer in the State of New York.

2. In that capacity, I am familiar with orders for involuntary commitment issued pursuant to 9.45 of the New York State Mental Hygiene Law, commonly known as "pick-up" orders.

3. With respect to this above matter, on August 22, 2001, I returned home to find an urgent message on my telephone answering machine from PLAINTIFF (Plante) in the above matter, requesting me to come to his aid and assistance at the Stratton VA Medical Center at 113 Holland Avenue in Albany, New York 12208.

4. Upon arriving at the Stratton VA Medical Center at about 2:00 P.M. on the afternoon of August 22, 2001 and making inquiry as to PLAINTIFF's whereabouts, I found him in the custody of Dr. Cox in the secure mental health facility on the tenth floor of the VA Hospital in Albany.

5. Upon being admitted into Dr. Cox's office, I recall being told by Dr. Cox that it was "a good thing" that I was there, and that as someone who knew PLAINTIFF quite well, I could assist Dr. Cox in straightening out the situation in which PLAINTIFF found himself at that moment.

6. At that time, I recall that Dr. Cox had PLAINTIFF explain the "situation" to me in his own words, which I recall as follows:

a) that PLAINTIFF was conducting an investigation as a New York State licensed professional engineer pursuant to the laws of the State of New York into the manner in which a Jeffrey Pelletier of Poestenkill, New York, had managed to obtain a sewage disposal system construction permit from the Rensselaer County Department of Health;

B) that in the course of conducting this investigation, he had uncovered alleged wrongdoing involving public officials in the Town of Poestenkill and Rensselaer County;

c) that he was preparing a report on the manner in which this sewage disposal system construction permit had been obtained in preparation for a legal action against the public officials allegedly involved in the matter;

d) that in the course of obtaining background materials for the report, he had been threatened with retaliation by Rensselaer County officials and was told to "back off" and leave the matter alone;

e) that the day prior, August 21, 2001, despite the threats he had received from Rensselaer County officials, he entered the Rensselaer County Office Building for the purpose of a final review of public files in connection with the investigation he was conducting;

f) that on the morning of August 22, 2001, he had returned home to find two (2) messages on his answering machine from a Robert Reiter, a political appointee serving as Director of Veterans' Affairs in Rensselaer County;

g) that he then called Robert Reiter at the Rensselaer County Office Building;

h) that Robert Reiter then allegedly tried to lure him into the Rensselaer County Office Building for an alleged meeting;

i) that when he refused to come into the Rensselaer County Office Building, that Robert Reiter then allegedly told him that he was "required" to report to the mental health unit at the Samaritan Hospital in Troy, New York;

j) that Robert Reiter then put a William "BUCK" Shea on the line;

k) that William "BUCK" Shea began yelling at him that if he did not report to the mental health unit of the Samaritan Hospital immediately, that he would have to "face the consequences"; and

l) that upon hearing William "BUCK" Shea's threats, he became panic stricken and immediately left his home and went to the VA Hospital for sanctuary, because it was federal property, and because he hoped a psychologist he knew at the hospital would be able to assist him in determining what was transpiring in Rensselaer County.

TO BE CONTINUED ...

Posted by: John Galt | September 12, 2007 7:05 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The Albany Police Officer's affidavit which Eliot Spitzer's office had suppressed continues as follows:

7. I then clearly recall Dr. Cox dismissing out of hand all that PLAINTIFF had just stated, and informing me instead that PLAINTIFF was being held at the VA Hospital because a 9.45 involuntary commitment order for him had been issued by a Dr. John Christian Braaten at the Samaritan Hospital in Troy, New York which directed the New York State Police to apprehend PLAINTIFF and transport him to the mental health unit of the Samaritan Hospital in Troy, New York for involuntary psychiatric care and treatment, and that PLAINTIFF was alleged to be in quite serious trouble in Rensselaer County, for which he was allegedly "wanted by the police" as I recall the words of Dr. Cox to me on August 22, 2001.

8. When I asked what that had to do with PLAINTIFF being held at the VA Hospital in Albany, I recall Dr. Cox informing me that Rensselaer County officials had faxed the New York State Mental Hygiene Law 9.45 "pick-up" order for PLAINTIFF to the VA Hospital, and that, because of that action by Rensselaer County and New York State public officials, there was then a legal jurisdictional problem involving PLAINTIFF, that because of the 9.45 order, in the words of Dr. Cox as I recall them, the VA was required to hold PLAINTIFF in custody.

9. Being familiar with 9.45 orders in my capacity as a qualified law enforcement officer in the State of New York, and being very familiar with the version of facts PLAINTIFF had provided to me at the beginning of the interview with Dr. Cox, and being very curious as to how and upon what authority Dr. Cox, a medical doctor allegedly licensed in State of New York by the Education Department, could dismiss out of hand PLAINTIFF's version of events above where PLAINTIFF is an engineer licensed to practice in the State of New York who has previously given evidence to the Federal Bureau of Investigation concerning the Rensselaer County Department of Health, I recall requesting Dr. Cox to show me the order upon which he personally was detaining PLAINTIFF.

10. When I questioned Dr. Cox as to his knowledge of the circumstances behind the issuance of this particular 9.45 order, specifically the necessary factual history alleged in the records to justify a finding that PLAINTIFF was "dangerous" as is required by New York State laws on the arrest and detainment of those alleged to be mentally ill, dangerous and incapable of providing support or treatment for themselves, I recall Dr. Cox telling me that earlier that morning, PLAINTIFF had allegedly been seen by a Dr. John Christian Braaten at Samaritan Hospital, and based upon Dr. John Christian Braaten's alleged evaluation, that PLAINTIFF had to be involuntarily committed to a mental health unit for immediate care and treatment for a mental illness.

11. At that point, I clearly recall PLAINTIFF interjecting in a calm, steady and reasonable voice, stating that he had never been to the Samaritan Hospital that day or any other day, and that he had never been seen by any Dr. John Christian Braaten at any time, period.

end quotes

As Mike said, the rough ride begins ....

Based on nothing but malicious lies and gossip ...

And so ....

TO BE CONTINUED ....

Posted by: John Galt | September 12, 2007 7:10 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The Albany Police Officer's affidavit which Eliot Spitzer's office had suppressed continues as follows:

12. With that statement by PLAINTIFF, I recall asking Dr. Cox specifically, in very clear language, whether he had independent knowledge as to whether Dr. John Christian Braaten had actually seen PLAINTIFF, at which point I recall him basing his opinion solely upon the 9.45 order faxed to him by Rensselaer County officials.

13. With that admission by Dr. Cox that he had no direct knowledge or evidence of what had transpired in Rensselaer County, outside of the copy of the 9.45 order faxed to him that morning by Rensselaer County public officials, and that therefore, he could not attest to where PLAINTIFF had been or what he been doing at the time process was issued by Dr. John Christian Braaten for PLAINTIFF to be detained and transported to Samaritan Hospital of Troy, N.Y., I recall that a discussion ensued between myself and Dr. Cox as to the situation as I saw it right then from my perspective as a police officer in the State of New York subject to its laws and constitution as were Dr. Cox and PLAINTIFF as licensed professionals in the State of New York.

14. As I recall it, this discussion concerned itself with Dr. Cox's own personal legal status as a New York State licensed medical doctor if he continued to hold PLAINTIFF without any evidence of mental illness, "dangerousness" or inability to care for himself, after PLAINTIFF had identified himself to the doctor as a New York State licensed professional engineer conducting an investigation in Rensselaer County involving matters of protection and safeguarding of life, health and property in New York State.

15. As I recall him saying in reply, Dr. Cox told me that he had been informed that morning by Rensselaer County officials Joseph Cybulski and Robert Reiter, and New York State official William "BUCK" Shea, that PLAINTIFF was alleged armed and dangerous and a threat to people in the Rensselaer County Office Building, and that he had then been ordered by Joseph Cybulski, who I believe he referred to as a "doctor", to hold PLAINTIFF for transport back to Rensselaer County.

end quotes

Here is where the false "terrorism" angle enters into the picture ...

TO BE CONTINUED .....

Posted by: John Galt | September 12, 2007 7:14 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The Albany Police Officer's affidavit which Eliot Spitzer's office had suppressed continues as follows:

16. When I asked Dr. Cox upon what authority, jurisdiction or discretion, Rensselaer County officials Joseph Cybulski and Robert Reiter, and New York State official William "BUCK" Shea could order the arrest and detention of PLAINTIFF in a Federal government secure mental health facility, I recall Dr. Cox resorting to the circular logic of the MHL 9.45 order; to wit: if they had it, he was not going to question its legitimacy, regardless of what PLAINTIFF might say in his own defense, or in other words, it was too late for PLAINTIFF's defense, he had already had that opportunity with Dr. John Christian Braaten that morning, and PLAINTIFF had obviously blown it according to Dr. Cox, elsewise the 9.45 order would never had issued, and PLAINTIFF wouldn't now be detained and in big trouble in Rensselaer County.

17. It is at that this point in the discussion that I recall stopping Dr. Cox in his presentation, and asking him one question to settle the dispute in the matter of PLAINTIFF's custody, for if PLAINTIFF was properly in custody, as a police officer in the State of New York, I could not and would interfere outside of resorting, as one who knew him quite well, to legal procedures created in the New York State Mental Hygiene Law to challenge such confinements:

I asked Dr. Cox to explain to me how PLAINTIFF had managed to escape from the Samaritan Hospital, given that he was at that time physically present in the City of Albany, some miles to the south of the City of Troy, where Dr. John Christian Braaten had allegedly examined him and had allegedly determined that PLAINTIFF was a person with a mental illness who needed to be involuntarily committed to the mental health unit of the Samaritan Hospital for immediate care and treatment.

18. I told Dr. Cox that if PLAINTIFF had in fact been in lawful custody at the Samaritan Hospital in Troy on August 22, 2001, and had then escaped custody before making his way to Albany, where we all were then sitting, that in my own view of my responsibilities as a police officer in New York State, I would be obligated to apprehend PLAINTIFF myself for the public safety, so that if Dr. Cox had evidence of such alleged conduct by PLAINTIFF, then he was obligated to hold PLAINTIFF, and PLAINTIFF was obligated to stay.

19. However, I told Dr. Cox, that from what I was hearing PLAINTIFF recount concerning this MHL 9.45 order, it sounded as if a Constitutional Tort had been committed against PLAINTIFF in the State of New York by these named public officials in the County of Rensselaer and the State of New York, so that the reality of the situation right there as it stood in Dr. Cox's office at that moment was that PLAINTIFF was being held against his will by Dr. Cox in a federal facility based upon null acts in the State of New York in violation of PLAINTIFF's legal and constitutional rights under New York law, and that as someone who knew him quite well, I would institute proceedings against Dr. Cox on constitutional grounds to have PLAINTIFF freed, after it was clear to him as the examining doctor that there were no medical grounds upon which to continue the detention of PLAINTIFF in the Albany VA Hospital as an alleged dangerous mental patient.

end quotes

A CONSTITUTIONAL TORT HAD BEEN COMMITTED ...

Hence the need for INDEMNIFICATION by Eliot Spitzer in his new law here ....

And so ....

TO BE CONTINUED ....

Posted by: John Galt | September 12, 2007 7:19 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The Albany Police Officer's affidavit which Eliot Spitzer's office had suppressed continues as follows:

20. With that question before him of the lawfulness and constitutionality of PLAINTIFF's continued detention in the secure mental health facility of the Albany VA Hospital on August 22, 2001, after the moment when Dr. Cox admitted that he had no medical evidence upon which to base his continued detention of PLAINTIFF, I recall Dr. Cox stating for the record on an apparent recording device that he had no knowledge that PLAINTIFF had ever been seen or examined by anyone at the Samaritan Hospital in Troy, and that in his opinion, there was no evidence that PLAINTIFF was in need of care and treatment for a mental illness, nor was there evidence that PLAINTIFF was dangerous, and that therefore, there was no legal basis for him to continue detaining PLAINTIFF, at which time PLAINTIFF was released from custody by the VA Hospital on Dr. Cox's orders.

end quotes

And now we get to the part about the malicious gossip on which Plante was being held, in the next installment to come ...

And so ...

TO BE CONTINUED ...

Posted by: John Galt | September 12, 2007 7:24 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The Albany Police Officer's affidavit which Eliot Spitzer's office had suppressed continues as follows:

21. At that time, I recall going to the office of the VA Police to inform them that Dr. Cox had released PLAINTIFF based upon a lack of medical evidence upon which to hold him.

22. Upon identifying myself to the VA Police as a law enforcement officer, I recall being shown the police report filed with the VA Police by Rensselaer County officials which had precipitated the incident at the VA Hospital that had caused PLAINTIFF to be involuntarily detained by Dr. Cox.

23. In discussing that police report with the VA Police, it is my recollection, and it is reflected in that police report, that Andrea Gallerie, a nurse with the VA satellite office in Troy, New York had reported to the VA Police in Albany, New York that PLAINTIFF was an alleged "mental patient" who she alleged was "in her care", and who she was further alleging was violent, and it was further reported to the VA Police by Robert Reiter and William "BUCK" Shea of Rensselaer County that PLAINTIFF had been threatening them and Jeffrey Pelletier of Poestenkill, New York.

24. In fact, that report to the VA Police, and upon information and belief, the source of which is the VA Police, the Office of the United States Attorney for the Northern District of New York, by Andrea Gallerie, Robert Reiter and William "BUCK" Shea is false on its face, as the evidence in this matter will clearly demonstrate.

25. In support of that statement, subsequent to discussing this matter of PLAINTIFF's involuntary detention with the VA Police on August 22, 2001, I spoke directly with New York State Police Investigator Chris O'Brien, whose name is mentioned at page two (2) of the VA Police Report which I recall seeing on August 22, 2001.

26. During that conversation, I recall Investigator Chris O'Brien confirming to me that he had spoken with PLAINTIFF late that afternoon, after PLAINTIFF had returned home from the VA after suffering chest pains as a result of his false arrest earlier that day, about having Jeffrey Pelletier of Poestenkill arrested for assaulting PLAINTIFF on or about August 7, 2001 in an effort to intimidate and deter PLAINTIFF from continuing his investigation into the manner in which Jeffrey Pelletier had obtained a Rensselaer County Department of Health sewage disposal system construction permit.

27. As I recall, Investigator Chris O'Brien informed me that he was basing his opinion that Jeffrey Pelletier should be arrested on a copy of a videotape of the August 7, 2001 Pelletier assault on PLAINTIFF which had been provided to him in the afternoon of August 22, 2001 by New York State Veterans' Service Officer William "BUCK" Shea, the same individual who had earlier that day falsely informed the VA Police that PLAINTIFF was threatening Jeffrey Pelletier.

28. Upon information and belief, the source of which is the VA Police Report which I saw on August 22, 2001, and my conversations with the VA Police and Investigator Chris O'Brien, what appears to have transpired is that once it became apparent to Rensselaer County officials and William "BUCK" Shea on August 22, 2001 that the VA would not continue to hold PLAINTIFF, and would not allow him to be returned to the custody of Rensselaer County officials for transport to the mental health unit of the Samaritan Hospital for involuntary commitment, William "BUCK" Shea apparently had misgivings about suppressing the videotape of the Jeffrey Pelletier assault on PLAINTIFF as evidence, and so brought a copy of the videotape to Investigator Chris O'Brien in an effort to distance himself from the actions of other Rensselaer County officials involved in the matter.

29. As previously stated, upon information and belief, the source of which is Investigator Chris O'Brien, based upon that videotape evidence, Investigator Chris O'Brien formed an opinion as a qualified law enforcement officer in the State of New York on August 22, 2001, that Jeffrey Pelletier should be arrested and then orally conveyed that opinion to me in a telephone conversation in connection with this matter on or about August 22, 2001.

30. Thereafter, it is my recollection that on the evening of August 22, 2001, I discussed my conversation with Investigator Chris O'Brien with PLAINTIFF and that based upon Investigator Chris O'Brien's advice, I informed PLAINTIFF that I would accompany him to the New York State Police Barracks in Schodack, New York, so that PLAINTIFF could swear out a criminal complaint against Jeffrey Pelletier.

31. During that conversation, I recall PLAINTIFF informing me that the stress caused by the day's events had made him quite ill, and that he had chest pains and shortness of breath caused by that stress, which precluded him from going to the State Police at that time, and that PLAINTIFF remained in fear of Robert Reiter and William "BUCK" Shea, and that despite Investigator Chris O'Brien's assurances that he would testify in any criminal court proceeding against Jeffrey Pelletier, PLAINTIFF remained convinced by what had occurred that day at the VA that Investigator Chris O'Brien could not offer PLAINTIFF any protection in Rensselaer County from further malicious prosecution or detention of PLAINTIFF as an alleged dangerous mental patient, so that any further attempts by him to have justice in this matter in the Town of Poestenkill would only result in his continued persecution, for which reason, it is my information and belief, PLAINTIFF was never able to follow through and have Jeffrey Pelletier prosecuted for the August 7, 2001 assault on PLAINTIFF captured on the videotape which defendant William "BUCK" Shea had in his possession on August 22, 2001, and which he allegedly provided to Investigator Chris O'Brien sometime during the day on August 22, 2001.

DATED: Albany, New York
August 6, 2004

And so ....

Posted by: John Galt | September 12, 2007 7:28 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

There, truth-championer, is the NIGHTMARE come back to life for us up here with this "Freedom to Report Terrorism" Act" ....

Every single person involved in this unlawful imprisonment of Plante on August 22, 2001 was INDEMNIFIED and protected by Eliot Spitzer's office when he was NYS AG ....

Despite a Rensselaer County Court Judge reviewing the facts and evidence, including this Albany Police Officer's sworn affidavit above here, and finding violations of state and federal criminal statutes, not a single one of these perpetrators ever had to stand trial ....

As to Plante, he is now listed as a dangerous mental patient here in NYS based on this fraudulent psychiatric commitment order ...

And he has all but disappeared from sight up here, in fear of his life ....

But he still owns a parcel of land up here that is coveted by land developers, and it is our fear now that the police will be back for Plante based on more malicious gossip about alleged threats and "terrorism" ....

And we quite frankly fear for his life ....

And there is where matters now stand, truth-championer ....

And thank you for your interest ....

You are one of the few who cares what happens up here, it seems ....

And so ...

Posted by: John Galt | September 12, 2007 7:38 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Good Lord, John.

That reads like the stories of Franz Kafka.

I certainly don't blame Mr. Plante for choosing to stay underground.

If only there was a trustworthy police agency that could assist him and bring those responsible to justice.

Posted by: Mike | September 13, 2007 5:05 PM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

IF ONLY, Mike ...

You and I, we wish for a better world, dude, and we are stuck with the one we have, instead, and what is recounted above here is a part of that world that continues to fester in our lives up here where I am ....

The "FEAR FACTOR" ...

The on-going "FEAR FACTOR" ....

What is the most amazing part of this was the ease with which Eliot Spitzer's office (Nelson Sheingold) was able to bury this matter, including the sworn statements of this Albany Police Officer right above here, which really causes one to have to think about the very concept of "JUSTICE" here in NYS ...

When the NYS AG can bury the eye-witness statements of a sworn police officer as to the commission of alleged crimes here in the Albany area, so that the NYS AG could protect the politically-connected perpetrators ....

All of whom are still out there in the community in positions of power over us out here in the countryside who are against the CORRUPTION in the state ...

And so ....

The FOURTH REICH is rising, Mike ....

Bad times are ahead for those who would protest the on-going corruption in government in this state, and then try to go to a court of law to do something about that corruption through lawful means ...

You'll find the "law" being used against you as a cudgel to inflict blunt force trauma ....

And this above here is a vivid example of what I am talking about ...

And so ...

Posted by: John Galt | September 14, 2007 6:35 AM

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

"Hovnanian cuts prices as home sales cool"

By JEFFREY GOLD, Associated Press

Last updated: 3:42 p.m., Thursday, September 13, 2007

NEWARK, N.J. -- Hovnanian Enterprises Inc., struggling like other home builders, is offering six-figure discounts on some of its properties this weekend as it attempts to draw interest in a slumping market.

The sales blitz -- announced Sept. 5 -- involves dropping prices by more 20 percent on some of its prime real estate, including upstate New York and other markets that were once hot.

The largest discounts are on the most expensive homes, including a 3-bedroom condominium by the Hudson River in West New York, which has been reduced $240,000, or 22 percent, to $862,000 this weekend.

A 25-percent discount is being offered on a 2-bedroom home in Jackson Township, N.J., which lowers its price tag to $300,501.

Hovnanian's discounts come during the worst housing downturn in 16 years, which has slashed earnings for the Red Bank, N.J.-based company and other national home builders.

Tight credit, fueled by a meltdown in the subprime mortgage industry this year, has sidelined potential buyers who were already wary following years of escalating home prices.

No other major builder is having a sale of such magnitude, but swollen inventories are likely to lead to more discounting, said Sam Chandan, chief economist at Reis Inc., a real estate research firm.

"We've certainly seen conditions in the housing market continue to deteriorate in the last several months," Chandan said.

"The downward adjustment in prices, whether for new homes or existing homes, is going to be far more severe than what many people thought earlier this year."

Although forecasts predict continued declines in the number of homes whose construction is under way, the climate is seen as an opportunity by Hovnanian, which last week reported its fourth consecutive quarterly loss.

"Folks are ready to buy, they are just waiting to confirm that there is value out there," said Michael Skea, vice president of marketing and sales for the company's northeast sector.

This weekend's sales involves thousands of homes in 19 states and starts at 9 a.m. Friday and ends at 9 p.m. Sunday, said Skea, adding that the company has never had such a sale in its half-century of homebuilding.

The company promoted its "Deal of the Century" with radio and print ads, and Skea said "hundreds" of people have made appointments to visit homes this weekend.

"We think it will effectively overcome the malaise that people have been carrying around since the subprime debacle occurred in late February," he said.

"It's just a matter of getting the buying public to realize this is a great time to buy."

Indeed, mortgage rates remain at historic lows.

Skea said the sale would not be repeated, but an industry observer was not so certain.

"Depending on how successful it is, it might not be a one-time event," said Keith Gumbinger, vice president of HSH Associates, a consumer loan research firm in Pompton Plains, N.J., suggesting that buyers might wait if they thought a better discount was imminent.

Gumbinger found the sale remarkable, given low mortgage rates.

"You wouldn't think there is a need to go to the marketplace with such discounts," he said.

"This is a pretty good indication from a prominent homebuilder that the market is troubled."

Recently, other builders have offered savings as price cuts and free appliance upgrades, he said, although they have avoided such big discounts so far.

Hovnanian's Skea said the prices offered this weekend will involve "no further negotiating" and contracts must be signed by 9 p.m. Sunday.

Last week, Hovnanian reported that after paying preferred stock dividends, it lost $80.5 million, or $1.27 per share, in the quarter that ended July 31.

That compared with a profit of $74.4 million, or $1.15 per share, in the same period a year ago.

------

On the Net:

Hovnanian: http://www.khov.com/

Beazer: http://www.beazer.com/

THE NEW YORK TIMES

"Spitzer Aides Won’t Fight Subpoenas"

By DANNY HAKIM

Published: September 14, 2007

ALBANY, Sept. 13 — Private lawyers for two top aides to Gov. Eliot Spitzer said on Thursday that they would not fight subpoenas issued by the State Ethics Commission earlier this week.

Terence L. Kindlon, a lawyer for Darren Dopp, the governor’s communications director, said his client told him to abandon his plan to fight a subpoena and instead cooperate with the commission.

And Steven F. Reich, a lawyer for Richard Baum, the secretary to the governor, also said his client would not fight the subpoena issued to him.

Two months ago, the governor said he and his staff had “fully cooperated” with the office of Attorney General Andrew M. Cuomo, which issued a report in July that found that the Spitzer administration misused the State Police trying to discredit Joseph L. Bruno, the Senate majority leader.

But it soon became public that the governor’s counsel, David Nocenti, had advised Mr. Baum and Mr. Dopp against speaking to Mr. Cuomo’s investigators.

Mr. Cuomo had no power to compel them to, since he lacked subpoena power in the case.

Now, however, the matter is being investigated by the Albany County district attorney, P. David Soares, and the State Ethics Commission, and both have the ability to issue subpoenas and compel testimony.

Mr. Soares has interviewed both men in recent weeks, but not issued subpoenas, while the Ethics Commission has taken a more aggressive approach.

The subpoenas to Mr. Dopp and Mr. Baum, seeking production of various documents and e-mail messages, were issued on Monday.

Mr. Kindlon, the lawyer for Mr. Dopp, said earlier this week that he would fight the subpoena because it was overly broad.

But he said on Thursday that Mr. Dopp “feels that I am being overly cautious as a lawyer and he has directed me to refrain from seeking to quash the subpoena, so we are in the process right now of assembling the documents that have been requested and they will be delivered on schedule.”

Mr. Kindlon said neither he nor Mr. Dopp had discussed the decision with the governor’s counsel or staff.

“Darren is adamant about wanting to provide Ethics with every single thing that it requested that he has to give,” Mr. Kindlon said, adding, “the fact is that every single document that we have to turn over is supportive of Darren’s position, his position being that he hasn’t done anything wrong.”

The Spitzer administration continues to face criticism from Republicans, who say the governor and his aides have been less than candid.

Senate Republicans are conducting their own hearings and say a public review is needed to determine the extent of the effort to tarnish Mr. Bruno.

One lingering question is whether the administration and its employees are turning over e-mail messages from both their government and their private accounts.

“We want a full, complete accounting of what happened, and the only way to get that is through the e-mails,” said John E. McArdle, a spokesman for Mr. Bruno.

Christine Anderson, the governor’s press secretary, said: “We did a diligent search and turned over what was in our custody and control."

"If chamber employees were using their personal e-mails for governmental purposes relating to this issue, we believe they should turn those e-mails over to the commission.”

Asked about the statement, Mr. Baum’s lawyer, Mr. Reich, said, “Rich will provide the commission with any responsive documents that are within his custody and control.”

Ms. Anderson also said, “we’re working cooperatively with the D.A. to ensure that they get the documents they need to conduct a comprehensive review.”

After the Cuomo report was issued, the governor suspended Mr. Dopp for more than 30 days without pay; another aide, a liaison to the State Police, was also reassigned.

Mr. Dopp was recently returned to the payroll but not to work; he is using several weeks of accrued vacation time.

He is expected to be reassigned to another position in the government, but outside the governor’s staff.

Mr. Dopp’s lawyer’s move to fight the subpoena had been a controversial one.

Asked about it during a news conference on Thursday morning, Mr. Bruno, the state’s top Republican, said “People shouldn’t be bobbing, ducking, weaving, because it makes people wonder what they’re hiding.”

The Ethics Commission investigation is not expected to conclude before next week and will then be turned over to a new Commission on Public Integrity that is being created to handle ethics issues.

The State Temporary Commission on Lobbying is also being merged into the new integrity commission, though a slate of new commissioners is not yet in place.

“We will go forward proceeding as we have, investigations if there are any will continue,” said Walter Ayres, a spokesman for the Ethics Commission.

“By law, the staffs and all the operations of the two committees continue."

"There was a period this year where we did not have a chair and we did not have an executive director, and the Ethics Commission still continued to function.”

He declined comment on the investigation of the governor’s staff.

http://www.nytimes.com/2007/09/14/nyregion...amp;oref=slogin

THE NEW YORK POST

"PUTTING ‘PRO’ INPROBE"

September 17, 2007 -- STATE Senate Republicans, stepping up their investigation of the dirty-tricks scandal that has rocked Gov. Spitzer’s administration, will hire a “national class” special counsel as soon as this week to take over what is expected to be a widening probe, The Post has learned.

The selection will be made from a final list of four candidates that includes two former U.S. attorneys, a source close to the selection said.

At least one of those under consideration is a Democrat, the source said.

“This will be a nationalclass lawyer and investigator who will be beyond reproach and won’t be open to charges of partisanship,” the source continued.

A second source said Senate Republicans are convinced that Spitzer himself was at the center of the scandal and that the special counsel, armed with the Senate’s subpoena power, “will find out if that was the case.”

Senate Investigations Committee Chairman George Winner (R-Elmira) confirmed that a decision on picking a special counsel would be made “sooner rather than later.”

“I think it’s important that we be able to say that we’re acting in a nonpartisan way with the assistance of someone of this kind of stature,”Winner said.

The special counsel will be paid from funds set aside by the Senate for “consultant services” and will charge the state a reduced fee.

“We certainly don’t want to be over the top as far as expenses to the taxpayers, and the people we have talked to are indicating that, while they’re not going to work for free, they’re not going to be running up big bills either,” said Winner.

The Senate probe is one of three investigations being conducted into the use of the State Police by top Spitzer aides in a plot to collect evidence that Senate Majority Leader Joseph Bruno (R-Rensselaer) improperly or illegally using a state helicopter for political purposes.

The plot, first revealed by The Post on July 5, was confirmed in an explosive report issued July 23 by Attorney General Andrew Cuomo.

The report concluded that Bruno had done nothing wrong but found the State Police had been misused by Spitzer’s aides.

One was suspended for just over 30 days and another was demoted.

fredric.dicker@nypost.com

http://www.nypost.com/seven/09172007/news/...ro__inprobe.htm

"Two former supermarket executives charged with financial fraud"

Associated Press

Last updated: 1:54 p.m., Monday, September 17, 2007

SYRACUSE, N.Y. -- Two fired executives of Penn Traffic Co., a regional grocer, have been charged with fraud for repeatedly inflating reported income through improper promotional allowances, federal regulators said Monday.

The Securities and Exchange Commission filed a complaint alleging the company's former chief marketing officer, Leslie Knox, and a former vice president, Linda Jones, orchestrated a scheme to inflate Penn Traffic's income and other financial results by prematurely recognizing promotional allowances.

Promotional allowances -- also known as rebates, slotting fees or vendor allowances -- are paid by vendors in exchange for various marketing and promotional activities, such as inclusion in a supermarket's weekly circular.

U.S. Attorney Glenn Suddaby said a federal grand jury has handed up indictments against Knox and Jones on related criminal charges.

Jones, 48, of Reynoldsville, Pa, and Knox, 61, of Titusville, Fla., were charged with conspiracy to commit securities and mail fraud and causing false filings to be made by Penn Traffic.

If convicted, each faces a sentence of up to 20 years and fines totaling $5 million.

According to the complaint, Penn Traffic prematurely recognized promotional allowances from the second quarter of 2001 through at least the fourth quarter of 2003.

Knox and Jones directed and took part in the scheme in an effort to meet internal budget plans, the complaint said.

As a result, the company pulled forward about $10 million in operating income that was included in Penn Traffic's public filings.

Penn Traffic, which emerged from a two-year bankruptcy reorganization in April 2005, began its own internal review before the federal investigations were launched in July that year.

Knox and Jones were fired in February 2006 in connection with the probe.

Previously, former operations director Michael Lawler, 57, of Solvay, pleaded guilty to wire fraud charges in connection with fraudulent accounting practices at the Penny Curtiss Baking Co., a subsidiary of Penn Traffic.

Penn Traffic employs about 8,800 people and operates as P&C Foods, Fresh Markets, Quality and BiLo stores in New York, Pennsylvania, Vermont and New Hampshire.

The company emerged from a nearly two-year bankruptcy reorganization in April 2005 but has continued to lose money -- $4.1 million in 2006.

It also went through a bankruptcy reorganization in 1999.

"Erie Canal operating schedule changed to save water"

Associated Press

Last updated: 11:53 a.m., Monday, September 17, 2007

ALBANY -- Locks E-7 through E-20 of the Erie Canal will operate on a modified schedule for recreational boating starting Tuesday to help conserve water, state officials said.

The locks will be open for eastbound traffic on the hour and westbound traffic on the half hour, according to the state Canal Corp.

The measures are aimed at conserving water, reducing the total amount of water needed to continue canal operations.

"In light of the lack of rainfall this summer in the Mohawk Valley, we are taking early, proactive steps to conserve water," said Canal Corporation Director Carmella Mantello in a release Monday.

"We will continue to take the appropriate steps to ensure that the Canal remains open for navigation."

The measures may be suspended if rainfall amounts return to normal.

The canal's fall hours of operation -- from 7 a.m. to 5 p.m. -- began Sunday.

E-7 is in Niskayuna, Schenectady County, and E-20 is in Marcy, Oneida County.

----

Canal Corporation: http://www.nyscanals.gov.

I am a student of history, I suppose it could be said, and as such, I continue to read about this epoch, or that, or this people, or that, and this person, or that one, and in the course of all of that, I came across a very interesting little book entitled Miracle at Philadelphia by Catherine Drinker Bowen, which is about the 1787 Constitutional Convention in Phildelphia, from the perspective of the delegates, chiefly James Madison, but others, as well, through their notes and journals, which remain alive to this day, through the Constitution, itself, which can be nothing but a living document, if it is to have any validity whatsoever as something that is a source of positive law, and not just a check on the abuses of government that have destroyed all other REPUBLICS before OURS, according to the history studied by those august personages in that 1787 Constitutional Convention, which relied heavily upon the political thought of Montesquieu of France to help guide it away from those abuses of power, especially by the EXECUTIVE, which were then known to plague government in not only England at that time, but on the continent itself, with its endless wars over power that constituted much of what American history really was all about up to that time.

During the convention, there was much talk and debate about what OUR form of government was going to be, especially the United States Senate, and why we would have one, and what purpose it was to fulfill, in this REPUBLIC of OURS, where George W. Bush is now the EXECUTIVE, and his cohort Frist is in charge of the very United States Senate that was being debated by the CONSTITUTIONAL CONVENTION in 1787!

This following sentiment concerning the intended function of the United States Senate expressed by William Pierce of Georgia, sometime around June 13th of 1787, seems especially apt right now, with all of this debate going on in OUR Senate right now on judicial nominations, and so I want to make it a part of the record in here, where we are discussing the ramifications of having partisan or biased or prejudicial judges on the federal bench, here in OUR America, thanks to the efforts of these CONSERVATIVES who now hold all the political power in OUR America to themselves, in not only OUR executive office, but in the Senate, as well.

The debate Mr. Pierce was joining in when he made this speech in 1787 at the Constitutional Convention was about the length of time a Senator should be in office, which had been proposed to be seven years!

Mr. Pierce was for three years, as follows:

MR. PIERCE: The democratic licentiousness of the state legislatures PROVES THE NECESSITY OF A FIRM SENATE!

The OBJECT of the second branch (SENATE) is to control the democratic branch (HOUSE OF REPRESENTATIVES) of the national legislature.

IF IT NOT BE A FIRM BODY (the United States SENATE), the other branch (House of Representatives) being more numerous and coming immediately from the people, WILL OVERWHELM IT.

A FIRMNESS AND INDEPENDENCE MAY BE THE MORE NECESSARY ALSO IN THIS BRANCH, AS IT OUGHT TO GUARD THE CONSTITUTION AGAINST ENCROACHMENTS OF THE EXECUTIVE, WHO WILL BE APT TO FORM COMBINATIONS WITH THE DEMAGOGUES OF THE POPULAR BRANCH!

end quotes

So!

1787, only eleven years after Independence, and already concerns were being raised in OUR America about whether or not any kind of long-term stable government could ever be put in place, here in OUR America, that would not itself simply return to the tyranny and despotism that had caused us to throw off, with extreme violence, the rule of the English thug, George III!

And those individuals sitting there in that Constitutional Convention represented some of the finest minds in America at that time, with George Washington himself sitting there as the presiding officer of that Constitutional Convention, and the likes of James Madison and Alexander Hamilton as delegates.

Moreover, EACH of those present in that room at the time had direct experience of the Revolutionary War itself, and of the issues that had caused us to declare Independence from England, which included claims in the Declaration of Independence, which all of them were intimately familiar with and some had signed, about the corrupt nature of the courts that the English tyrant George III was imposing upon the colonists who declared independence in 1776:

"We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness."

"That to secure these rights, governments are instituted among Men, deriving their just powers from the consent of the governed."

"That whenever any form of government becomes destructive of these ends, it is the right of the PEOPLE to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness."

"Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly, all experience hath shown, that mankind are more disposed to suffer, WHILE EVILS ARE SUFFERABLE, than to right themselves by abolishing the forms to which they are accustomed."

"But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, IT IS THEIR RIGHT, IT IS THEIR DUTY, to throw off such government, AND TO PROVIDE NEW GUARDS FOR THEIR FUTURE SECURITY."

"Such has been the patient sufference of these Colonies; and SUCH IS NOW THE NECESSITY WHICH CONSTRAINS THEM TO ALTER THEIR FORMER SYSTEMS OF GOVERNMENT."

"The history of the present King of Great britain IS A HISTORY OF REPEATED INJURIES AND USURPATIONS, ALL HAVING IN DIRECT OBJECT THE ESTABLISHMENT OF AN ABSOLUTE TYRANNY OVER THESE STATES."

"TO PROVE THIS, LET FACTS BE SUBMITTED TO A CANDID WORLD."

"HE HAS OBSTRUCTED THE ADMINISTRATION OF JUSTICE, by refusing his assent to laws for establishing judiciary powers."

"HE HAS MADE JUDGES DEPENDENT ON HIS WILL ALONE, FOR THE TENURE OF THEIR OFFICES, and the amount and payment of their salaries."

"For quartering large bodies of armed troops among us";

"FOR PROTECTING THEM, BY A MOCK TRAIL, FROM PUNISHMENT FOR ANY MURDERS WHICH THEY SHOULD COMMIT ON THE INHABITANTS OF THESE STATES";

"FOR DEPRIVING US, IN MANY CASES, OF THE BENEFITS OF TRAIL BY JURY!"

end quotes

SO?

What has changed in the intervening years since that document was signed, and now?

Anything?

Or nothing at all?

A question for the moment .......

Stay tuned for further updates.

"Summit seeks to stop upstate 'brain drain'"

By VALERIE BAUMAN, Associated Press

Last updated: 5:43 p.m., Tuesday, September 18, 2007

ALBANY -- Martin Babinec grew up in a working class family in upstate New York, but left to make his fortune in Silicon Valley.

Opposing the current trend of workers leaving the state, he returned to his roots to raise his family in Little Falls, a central New York city of about 6,000 snug in the Mohawk River Valley.

Speaking Tuesday in Cortland to about 500 people at the 'I Live New York' summit -- an opportunity for government, education and business officials to coordinate efforts to stop the exodus of young, educated New Yorkers -- Babinec, 52, used his Silicon Valley experience to outline what New York needs to reverse the "brain drain."

"Young professionals want to be challenged," Babinec said.

"Young professionals don't want to work on yesterday's business model, they want to work on tomorrow's business model."

Silda Wall Spitzer, the wife of Gov. Eliot Spitzer, hosted the event and outlined her ideas for bringing vitality and prosperity to the state.

The population of New Yorkers between 20 to 34 years old dropped 22 percent upstate in five years ending in 2000; Buffalo alone lost 22,000, she said.

The region must have economic growth through job creation and technological innovation, she said.

She also stressed the importance of livable communities and said the economy can be improved through small, gradual changes.

All levels of government in New York must work together, she said.

"Everyone, particularly here in upstate, has their own story of sons and daughters, or sisters and brothers, or friends and neighbors who have gone to seek their fortunes elsewhere," Wall Spitzer said.

"It has been a crippling, corrosive, chronic problem in our state for at least two decades."

The governor spoke at the conference about the importance of optimism in repairing upstate economies.

"I do not want anyone to walk away from here saying the data is bad, the trendline is wrong, we can't succeed," Spitzer said.

"That's hogwash."

"We will succeed."

"We can succeed."

If upstate New York applies its strengths, the region can retain its work force and attract new talent from other states, said Babinec, the chairman, president and CEO of TriNet Group, which outsources human relations services.

Babinec can live in upstate New York and run his San Leandro, Calif.-based company with some travel and the use of new technologies like video teleconferencing.

Upstate companies should adapt to the changing technology environment to give workers the same opportunities he has, he said.

New York colleges and universities have alumni around the country who could participate in revitalizing job growth, he said.

He urged colleges and communities to improve ties so students stay in the region.

Kurt West, 22, moved to upstate New York from New Portland, Maine, to attend Clarkson University in Potsdam, near the St. Lawrence River.

He decided to stay upstate after graduation because the school helped him find work through alumni networking with ZeroPoint Clean Tech Inc., a renewable energy technology company.

Babinec calls the quality of life in upstate New York a selling point for a younger work force but said a shortage of managerial talent, particularly those with experience in fast-growing businesses, is a challenge.

Nathan Andrews, originally from Jamesville, attended the summit.

He returned upstate after years of working in Boston so he could help run his family business, Morse MFG Co. Inc., in Syracuse.

Brain drain could hurt his family's business, which manufactures equipment to handle industrial drums.

"We have a work force that is aging," he said.

"And in the next decade we are going to have a bunch of turnover in our company and I'm concerned about filling those positions."

Meanwhile, Republican Senate Majority Leader Joseph Bruno was in Rochester Tuesday discussing his chamber's plan for the upstate economy.

"The Senate's Upstate Now plan is a $3.7 billion, 10-point job creation and economic growth plan that will transform the upstate economy," he said.

If passed, the plan would reduce taxes for small businesses, manufacturers and key industries, and build and invest $300 million in capital funds for economic development.

The summit and Bruno's appearance in Rochester were on the same day a poll from the Siena Research Institute found that voters want state leaders to get down to business rather than focus on the scandal that has rocked Albany recently.

Two of the governor's top aides have been accused of using state police to track Bruno's whereabouts.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Gula: Finally, Galt is silenced.

JOHN GALT AFFIRMS THE TRUTH OF THIS STATEMENT: And here, Mike and buckadelic, this Gula dude was not kidding at all ...

Or blowing smoke ...

Or hot air!

This is a CRY OF EXALTATION on the part of this Gula dude ....

YES!

YES, WE DID IT!

WE SILENCED JOHN GALT FOR GOOD!

At least as far as the Albany TU CAPCON BLOG is concerned ...

By apparently having someone at the TU direct the TU WEBMASTER to program the CAPCON SPAM FILTER to toss John Galt posts into the electronic trash can up there ....

This Gula dude and his or her crowd were able to get John Galt eliminated from the CAPCON BLOG ...

Which is to say, silenced ....

And so ...

Posted by: John Galt | September 19, 2007 6:46 PM

http://www.nydailynews.com/blogs/dailypoli...nd_ends_92.html

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And that should have been a CRY OF EXULTATION by the Gula dude....

EXULT: to leap for joy; to be extremely joyful ...

- Webster's New Collegiate Dictionary

Of course, by emitting this CRY OF EXULTATION in here because he or she was able to get John Galt denied access to posting on the TU CAPCON BLOG, this Gula dude was EXALTING him or herself ...

And with good reason ...

Because in the end, they obviously had a lot more horsepower with the upstate TU than John Galt did ....

Since it has been confirmed by TU editor Jay Jochnowitz that John Galt's missing posts in the TU CAPCON BLOG were relegated to the SPAM BIN ...

And so ...

Posted by: John Galt | September 19, 2007 7:11 PM

http://www.nydailynews.com/blogs/dailypoli...nd_ends_92.html

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And it is interesting to note that communications with the upstate TU BLOG went down somewhere around the time that we attempted to post a link on the TU CAPCON BLOG to a discussion which was taking place down here in the DP BLOG at:

http://www.nydailynews.com/blogs/dailypoli..._86.html?page=2

The TU thread where we attempted to post this link was entitled "Relieving One Fear", September 10, 2007 at 6:40 pm by Jay Jochnowitz, State Editor, wherein was stated as follows as the thread's topic:

If you’ve been hesitant to report a terrorist plot because you’re afraid of a lawsuit if you’re wrong, worry no more.

Gov. Eliot Spitzer signed a “Freedom to Report Terrorism Act,” which shields people from civil and criminal liability if they report someone who they believe is involved in a criminal or terrorist act.

http://blogs.timesunion.com/capitol/?p=5378#comments

I just went and visited that thread, and there are still only 6 posts there, as if there was no real interest in that topic ....

And yet, as the discussion down here on that same topic revealed, that is not true ...

There is indeed interest in the subject ...

The upstate TU is just going to make sure that any discussion as to that interest upstate is going to be squelched in the pages of the TU and its CAPCON BLOG ...

Which is an interesting position for a public newspaper in the Capital area of the state to be taking ...

And so ...

Posted by: John Galt | September 20, 2007 6:21 AM

http://www.nydailynews.com/blogs/dailypoli...nd_ends_92.html

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by VJ Machiavelli: pps FOLLOW THE MONEY ....

JOHN GALT RESPONDS: Actually, VJ, we upstate folks have been doing that for some long time now, following the money, I mean, with respect to the TU and certain of its writers, like Fredmon "BROWN FREDDIE" LeBrun, who himself was a "land developer" in Rensselaer County, and certain of the editors down there, along with the publishers, all of whom have some extra money to "invest" to make some extra money for themselves ...

And "speculating" on land up here was for a long time a great way to make a lot of extra money fast, especially if you had a corrupt and complicit county health department up here aiding and abetting the scheme by providing false certifications that the land in question was "HEALTH DEPARTMENT-APPROVED" ...

You could buy up acres of marginal and questionable land up here for $800 an acre, and turn around and get $30,000 to $50,000 an acre for it sight-unseen by selling it in the NYC newspapers ....

That investigation of ours into the role the TU played in protecting government corruption in Albany goes back to at least 1987, and it really began to pick up a head of steam in early-1988 when the TU ran a story entitled "Developers see a zealot in new county health officer" by then-TU reporter Laurie Anderson, dated January 10, 1988, at this following link

http://img296.imageshack.us/img296/4715/pl...etnamvetwc5.jpg

When you go to that TU story from Joe Bruno's Rensselaer County in January of 1988, you are looking at a snapshot in time of the fruits of corruption then existing in Rensselaer County that go back to circa 1977, and then come forward right to the present times that we are in right now ...

Where thousands of acres of worthless land in Rensselaer County have now been sold as residential land, with mortgages that were "originated" by local banks, and then were "bundled" into securities which were subsequently sold around the world to institutional investors and banks as far away as China and England and Germany ...

And now, the chickens are coming home to roost as the speculators bail out of these mortgages, and these banks and institutional investors all take stock of exactly how worthless their "mortgage-based securities" really are, because of this outright fraud in "approving" the land for development in the first place up here ....

Which the TU is complicit in covering up ...

And we believe this Gula dude is actually a real-estate speculator up here ...

Which is why the Gula dude is screaming so in a loud voice in here about John Galt's posts on the subject of land development and prices plummeting up here ....

And so ...

Posted by: John Galt | September 20, 2007 7:37 AM

http://www.nydailynews.com/blogs/dailypoli..._92.html?page=2

"Soares probe clears Spitzer - Prosecutor's exam of Troopergate finds no law broken by governor, staff"

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

First published: Friday, September 21, 2007

ALBANY -- Albany County District Attorney David Soares said Thursday he has found no laws were broken in the Troopergate affair that has consumed the Capitol for much of the summer.

"This office found no illegal conduct," stated an e-mail from Soares' spokeswoman, Heather Orth, late in the afternoon.

A similar message was left on her telephone answering machine.

"To the contrary, we found that the governor, his staff, and the New York State Police were acting within their authority in compiling and releasing documents to the media concerning the use of state aircraft."

Orth said Soares will release a full report today and hold a news conference at 11 a.m.

Gov. Eliot Spitzer's spokeswoman, Christine Anderson, said "The governor is gratified by the conclusions reached by District Attorney Soares and looks forward to reading the report."

Attorney General Andrew Cuomo earlier this summer also concluded that no laws were broken in Troopergate.

Soares has not said if he agrees with Cuomo's finding that Spitzer aides acted improperly but not illegally.

Troopergate has dominated the Capitol since early July when the Times Union published a story raising questions about Senate Majority Leader Joseph L. Bruno's use of State Police helicopters to travel to New York City to attend fundraisers and conduct other legislative business.

While in the city, he had State Police act as drivers as well, claiming he needed the security.

After the initial story, Bruno said he learned that Spitzer's top aides had State Police keep tabs on him during the trips, which the Brunswick Republican said amounted to "political espionage."

Cuomo looked into the matter, as well as the propriety of Bruno's use of state helicopters and drivers.

He issued a report July 23 finding that Spitzer's aides shouldn't have had State Police create from memory records of Bruno's New York City trips.

That, Cuomo said, amounted to a political use of the police.

The state Ethics Commission and Senate Investigations Committee have launched their own probes in addition to those by Soares and Cuomo.

"We await District Attorney Soares' report tomorrow, but his findings today echo the Attorney General's conclusions, where we found no crimes were committed," said Cuomo spokesman Jeffrey Lerner.

Following Cuomo's report, Spitzer's communications director, Darren Dopp, was suspended from his $175,000 job, and former Homeland Security official William Howard was demoted.

Dopp was later put back on the payroll to collect vacation pay but hasn't yet come back to work.

Dopp was on a camping trip in the Adirondacks late Thursday and couldn't be reached, but his lawyer, Terence Kindlon, said it shouldn't come as a surprise his client was cleared.

"Darren did nothing wrong at any point," Kindlon said, adding that, "his reputation has been dragged through the mud, and he gets it back now."

Soares' announcement came literally hours after Spitzer told reporters he had spoken with the DA's investigators on Wednesday.

Spitzer said he cooperated fully and was "thrilled" to talk with investigators.

The findings also come a day after the Senate Investigations Committee said it had hired a former Reagan-era federal prosecutor, Joseph diGenova, to help with their Troopergate probe.

DiGenova, who investigated former Washington, D.C., Mayor Marion Barry as well as the Teamsters, will be paid up to $500,000 for his work.

Additionally, the State Ethics Commission, which has contacted some of the Troopergate players but issued no report, ceases to exist at the end of this week, thanks to a change in state law.

It will merge with the Temporary State Commission on Lobbying to form a new Commission on Public Integrity.

While the new commission has yet to be fully appointed, staff members from the ethics and lobbying bodies will remain in place and conceivably could continue that investigation.

Sen. George Winner, R-Elmira, who heads the Investigations Committee and who has been the Republican point man on Troopergate, said he's focused on his own inquiry and also looks forward to the conclusions of the Public Integrity Commission.

His remarks were fairly subdued, given speculation in Republican circles that Soares might go easy on Spitzer because both are Democrats.

"We look forward to the opportunity tomorrow to review the district attorney's report on this matter, which we hope has been undertaken utilizing all of the investigatory tools and powers at his disposal," said Winner.

He added, "It remains important for the Senate to continue its own investigation."

"We need to continue to develop legislation to prevent the abuses already highlighted by Attorney General Cuomo."

Senate Democrats seized on Soares' report to criticize Republicans for hiring diGenova.

They also called on Comptroller Tom DiNapoli to hold up approval of the $500,000 payment.

"Talk about misuse of state resources -- here's a classic example," said Sen. Tom Duane, D-Manhattan, who serves with Winner on the Investigations Committee.

"The Republican majority continues to waste taxpayer money and time pursuing their own political agenda."

The Investigations Committee plans Monday to speak with Felton and former State Police superintendents.

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Amen and amen, again, Senator Winner ...

And thanks for bringing this discussion back on track ...

"Attorney General Cuomo’s July 23rd investigative report uncovered misconduct among top aides to Governor Eliot Spitzer and recommended disciplinary action against them."

That finding of misconduct way back in July should have immediately triggered Albany County DA P. David Soares bringing this matter before a GRAND JURY pursuant to section 190.55(1) and 190.55(2)© of ARTICLE 190 of the NYS Criminal Procedure Law, as follows:

S 190.55 Grand jury; matters to be heard and examined; duties and authority of district attorney.

1. A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and
concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.

2. District attorneys are required or authorized to submit evidence to grand juries under the following circumstances:

© A district attorney may submit to a grand jury any available evidence **** concerning misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.

end quotes

As is obvious from what Senator Winner is saying right above here about the findings of young Andy Cuomo on July 23, 2007, Albany County DA P. David Soares cannot now tell us that there was no evidence of misconduct in public office here, by a public servant, whether criminal or otherwise ...

SO WHY DIDN'T HE BRING THE MATTER BEFORE A CITIZEN GRAND JURY WAY BACK THEN?

And a month-and-a-half ago, in the news article "Spitzer: 'Passion' for reform, lack of humility allowed scandal" by MICHAEL GORMLEY, Associated Press, last updated 5:33 p.m., Tuesday, August 7, 2007, it was stated as follows with respect to serious misconduct in public office by two SPITZER-ITE public servants:

ALBANY -- In addition, state Inspector General Kristine Hamann, who ran an investigation concurrent with Cuomo, had subpoena power, but didn't use it.

"At no point in our investigation were our requests for information refused, so there was no need to issue subpoenas," said Steven DelGiacco, spokesman for Hamann's office in the first expansive comment on the case.

Asked about the refusal by Baum and Dopp to be interviewed, DelGiacco wouldn't discussion specifics of the investigation.

"We concluded that the state police had not conducted surveillance of Sen. Bruno and that no laws had been violated," DelGiacco stated.

"However, we also determined, in agreement with the attorney general's office, that two officials of the governor's office had engaged in serious misconduct."

end quotes

Sooo ....

As has been said before, in one sense, all David Soares is doing is parroting the prior line taken by this Steven DelGiacco, spokesman for Hamann's office in the first expansive comment on the case, that there was nothing criminal here ....

But more importantly, what P. David Soares seems to be doing here is ducking a responsibility as a public servant himself to see that this matter was properly placed before a citizen GRAND JURY as soon as the words of that Steven DelGiacco dude, spokesman for Hamann's office in the first expansive comment on the case, that there was serious misconduct in office, were made public on August 7, 2007 ....

WHY DIDN'T ALBANY COUNTY DA P. DAVID SOARES ACT IN THIS MATTER PURSUANT TO NYS CPL 190.55(2)©?

Hopefully, Senator Winner will take the time and trouble to find this out for us ....

So as to clear this matter up properly ....

So that it can finally be properly put to bed ....

Without the appearance of a cover-up and dereliction of his duty to us, the citizens of this state, the "PEOPLE OF THE STATE OF NEW YORK", by Albany County DA P. David Soares ....

And so ...

Posted by: John Galt | September 20, 2007 7:02 PM

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

John Galt -- The use of a grand jury is discretionary under the law. A district attorney would want to have substantial proof and evidence that a felony occurred in this matter, as the grand jury's purview is actually the felony case (misdemeanors don't need grand jury charges).

Keep in mind that District Attorneys are re-elected in large part on their conviction rate. Although Sol Wachtler was correct when he commented that a good DA could indict a ham sandwich, a DA would not want an indictment in a matter like this when he has a slim chance of getting a conviction.

While other states, like Connecticut have appointed rather than elected DAs, New York's DAs are creatures of the political process, and know that a high-profile loss in court often leads to a high-profile loss at the polls.

Posted by: Roger Murdock | September 20, 2007 8:58 PM

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Good morning, Roger Murdock ...

And Roger, I am surprised that you are totally missing what the statutory language of ARTICLE 190 of the NYS Criminal Procedure Law is saying here ....

You are generally quite astute and observant in these matters ...

S 190.55 Grand jury; matters to be heard and examined; duties and authority of district attorney.

1. A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.

end quotes

WHETHER CRIMINAL OR OTHERWISE ...

There DOES NOT have to be evidence of a crime committed for the GRAND JURY to look into this matter ...

Soares can't use that for an excuse, Roger, that he didn't think any crimes were committed ...

WHETHER CRIMINAL OR OTHERWISE ...

That is the constitutional duty of GRAND JURIES in NYS, Roger, to make inquiry into misconduct in public office, which is exactly what we have here staring us all in the face ...

That constitutional; duty comes from section 6 of ARTICLE I of the NYS CONSTITUTION, to wit:

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

end quotes

With respect to misconduct in public office, which we have here, section 190.85 of the NYS Criminal Procedure Law provides as follows:

S 190.85 Grand jury; grand jury reports.

1. The grand jury may submit to the court by which it was impaneled, a report:

(a) Concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action; or

(b) Stating that after investigation of a public servant it finds no misconduct, non-feasance or neglect in office by him provided that such public servant has requested the submission of such report; or

© Proposing recommendations for legislative, executive or administrative action in the public interest based upon stated findings.

end quotes

There is what we, the people, wanted out here in the countryside, Roger Murdock, that GRAND JURY REPORT ...

And any recommendations which might have come from it ...

And now, thanks to what appears to be a cheap WHITEWASH and COVER-OVER by Albany County DA P. David Soares to protect Eliot Spitzer, WE ARE GOING TO BE DEPRIVED OF THAT REPORT ...

And why, Roger Murdock?

Because P. David Soares would lose control of his ability to WHITEWASH matters here to protect Eliot Spitzer if the citizen GRAND JURY got the matter for its review, as it should have according to OUR NYS laws ...

And so ....

The result of this is that P. David Soares is being greeted with jeers and ridicule out here in the countryside last night and this morning ...

The GREAT COVER-OVER MAN or THE WHITEWASH MAN the old boys down to the feedstore are now calling Soares ....

And with apparent good reason ....

And so ....

Posted by: John Galt | September 21, 2007 6:16 AM

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And this, Roger Murdock, reminds me of a news article about P. David Soares and "PUBLIC INTEGRITY" from 2005 entitled "Soares honors vow to voters - District attorney creates unit to focus on white-collar crime cases in Albany County" by MICHELE MORGAN BOLTON, Staff writer, Times Union, first published Wednesday, June 22, 2005, wherein was stated as follows:

ALBANY -- Six months after taking office, Albany County District Attorney David Soares rolled out his promised public integrity unit, a bureau of prosecutors who will investigate white-collar crimes and elected officials.

The new bureau also will focus on the interplay between public officials, private real estate development and the lobbying community.

It will report directly to Soares.

"Issues of who you are and who you know will no longer factor into the process," Soares said.

"No one is above the law."

Unveiling the Public Integrity Unit makes good on a promise to provide one system of justice for everyone, Soares said.

end quotes

ONE SYSTEM OF JUSTICE FOR EVERYONE ...

EXCEPT ...

Well, hey, Roger Murdock after all, Eliot Spitzer IS the governor, and he is a very powerful man who can influence the direction of P. David Soares' future career ....

So, of course, it is entirely understandable that IN THIS SPECIAL CASE, P. David Soares would want to have a second, alternative system of justice for Eliot Spitzer ....

And so it appears to have been ....

And so ...

Posted by: John Galt | September 21, 2007 6:34 AM

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

"Spitzer's office broke no laws, Soares says - Albany County DA also sees no evidence of a plot in Troopergate affair"

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

Last updated: 1:22 p.m., Friday, September 21, 2007

ALBANY -- Gov. Eliot Spitzer and his aides broke no laws in the Troopergate affair and don't appear to have even had an organized plot to discredit Senate Majority Leader Joseph Bruno, according to Albany County District Attorney David Soares.

Soares, in a 35-page report and a news conference this morning, said the governor and his aides, along with acting State Police Superintendent Preston Felton, acted within their authority when they collected information on Bruno's state-funded travel and provided it to the press.

"You can have the worst intent in the world," Soares said, "but if the act itself is not unlawful, and is not unauthorized, then you don't have a crime."

Although Bruno and other Republicans have called for Spitzer and his aides to be put under oath and for Soares to invoke subpoena power to obtain documents in the probe, Soares said he did not use such tools.

He said his inquiry found no indication that any of the subjects broke the law concerning official misconduct, and that without reasonable cause to believe a crime was committed, he would not invoke a grand jury, put people under oath, or issue subpoenas.

"We would not open the doors to the grand jury and start throwing out subpoenas like confetti," he said.

Soares stressed that his office is bound by the principle that people are innocent until proven guilty and that the burden rests with prosecutors to prove a crime was committed.

"We believe in that burden."

"We hold ourselves to that burden."

"We will not change our process because of the individuals who we are making inquiries about happen to be the governor of the state of New York or the comptroller of the state of New York," he said, in a reference to former Comptroller Alan Hevesi, who Soares also investigated last year.

Hevesi pleaded guilty to defrauding the public for having state employees act as chauffeurs and aides for his wife.

He also resigned in December after being re-elected a month earlier.

Soares -- whose office interviewed key figures in the probe including Spitzer's communications director, Darren Dopp; former homeland security deputy William Howard; Felton; the governor's secretary, Richard Baum; and, at the governor's request, Spitzer himself -- said investigators received everything they asked for and all their questions were answered.

Aware of calls from Republicans and pundits to use his power more aggressively than he did and put people under oath, Soares said he was not going to change his process for the sake of appeasing anyone.

"We will not compromise our integrity to fulfill or contribute to the court of public opinion or to contribute to what I believe is to be the political theater that happens to surround our very building here," he said.

Soares' finding of no criminality echoes an earlier finding by Attorney General Andrew Cuomo, although Cuomo had recommended that Dopp and Howard be disciplined.

Dopp was suspended without pay for 30 days and remains on paid leave; Howard was transferred and demoted.

But the DA's report is hardly the end of the matter.

The Senate Investigations Committee, which Bruno controls, is continuing an investigation even as Democrats intensify their criticism that the probe is a partisan witch hunt.

The State Ethics Commission has also been looking into the matter and is expected to pass the case on to a new Public Integrity Commmission that replaces it next week.

The Soares Report

http://www.timesunion.com/capitol/graphics/soaresreport.htm

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

In the INTRODUCTION, Tom, to the "Inquiry into the alleged misuse of New York State resources by the Office of Governor Eliot Spitzer and the Division of State Police" by the office of the Albany County District Attorney, September 21, 2007, prepared by Linda M. Griggs, Assistant District Attorney, Brett M. Knowles, Assistant District Attorney, and Steven D. Stein, Criminal Investigator, it is stated as follows:

INTRODUCTION

In June 2005, the Office of the Albany County District Attorney P. David Soares (the “ODA”)announced a new unit, the Public Integrity Unit, which actively investigates possible corruption cases.

On June 21, 2005, DA Soares stated: “We will have only one system of justice here in Albany County."

"We will prosecute based on the evidence."

"Issues of who you are and who you know will no longer be factored into the decision-making process as to who we indict and eventually who we prosecute.”

Part of the objective of this unit is to promote the credibility of and public confidence in State and County Government.

The citizens of Albany County have the right to expect that their elected and appointed officials will carry out their duties in a lawful manner.

To achieve this goal, the Public Integrity Unit conducts inquiries and investigations into allegations of governmental corruption and misconduct.

Once there is a criminal allegation, the ODA will inquire and, if appropriate, prosecute the criminal misconduct.

end quotes

Sit there for a moment, Tom,. and absorb this, if you can ...

And Mike, dude, since you have joined yourself at the hip in here with Tom on this issue, and since you yourself are somewhat familiar with the Paul Plante matter as it involves Eliot Spitzer, why don't you ponder these words yourself ....

As we will be analyzing them for content soon enough ...

And so ...

Posted by: John Galt | September 22, 2007 3:35 P

http://www.nydailynews.com/blogs/dailypoli...nds.html?page=2

"Prosecutor finds no crime in Spitzer scandal"

By MICHAEL GORMLEY, Associated Press

Last updated: 6:35 p.m., Thursday, September 20, 2007

ALBANY -- The Albany County district attorney said two aides to Gov. Eliot Spitzer didn't commit any crime in compiling state police travel data about Republican Senate leader Joseph Bruno.

"This office found no illegal conduct," District Attorney P. David Soares, a Democrat, said in a prepared statement Thursday.

"To the contrary, we found that the governor, his staff, and the New York State Police were acting within their authority in compiling and releasing documents to the media concerning the use of state aircraft."

In July, Democratic Attorney General Andrew Cuomo found the aides acted improperly in an apparent plot to discredit Bruno, but broke no laws.

Cuomo's report said the aides had state police gather records on Bruno's use of state aircraft and a state police driver on days he met with lobbyists on state business in Manhattan, then attended Republican fundraisers at night.

The state Ethics Commission continues its investigation.

Spokesman Walter Ayres declined to comment Thursday.

"The governor's office and the New York State Police have cooperated fully with our review, including a voluntary appearance by the governor," according to Soares' statement.

"In addition, they provided all documents and testimony we requested and needed to complete our review."

Soares plans a news conference Friday to discuss his findings.

"The governor is gratified by the conclusions reached by District Attorney Soares and looks forward to reading the report," said Spitzer spokesman Christine Anderson.

"I was very clear with them and answered all their questions," Spitzer said at an event before Soares announced his findings.

"As I said, the record is going to be precisely what I've said about this matter and it is now time for the state to move on to the business at hand."

The scandal has stopped progress on policy for months.

A Siena Research Institute poll released Tuesday found 66 percent of New Yorkers felt that the scandal is important but the government should focus on other issues.

There was no immediate comment from Bruno.

The morning that Cuomo's report was released in July, Spitzer immediately apologized to Bruno, said he didn't know of any political plot, and disciplined the aides -- Communications Director Darren Dopp and public safety aide William Howard.

Dopp was temporarily suspended without pay and Howard was transferred out of the executive chamber.

Dopp and Howard said they compiled information and prompted state police to create accurate records of Bruno's travel in answer to a reporter's request.

"We await District Attorney Soares' report tomorrow, but his findings today echo the attorney general's conclusions where we found no crimes were committed and all actions were within the relevant officials' authority," said Jeffrey Lerner, spokesman for Attorney General Andrew Cuomo.

"We also found certain actions to be improper and recommended legislative solutions," he said.

While Cuomo found Dopp and Howard acted unethically and improperly, the activity didn't rise to the crime of official misconduct.

State Inspector General Kristine Hamann, a Spitzer appointee, reached the same conclusion.

There was no immediate comment from Dopp or Howard.

Bruno is continuing to investigate the case through a Senate committee and on Wednesday announced the hiring of a former federal prosecutor hired at $450 an hour for up to $500,000 through the Senate's budget.

Bruno has accused the aides of political espionage, questioned whether Spitzer knew of the plot, and accused the administration of trying to cover it up and refusing to cooperate with authorities.

Republican Sen. George Winner of Elmira, chairman of the Senate investigations committee, said they look forward to reviewing Soars' report Friday and hope he used all the investigatory tools at his disposal.

"It remains important for the Senate to continue its own investigation," Winner said.

"We need to continue to develop legislation to prevent the abuses already highlighted by Attorney General Cuomo."

"We're going to continue to publicly address the unanswered questions and seek the truth."

--------

Associated Press writer Valerie Bauman in Albany contributed to this report.

THE NEW YORK TIMES

"Bruno Investigator Eyed for a Judgeship"

By NICHOLAS CONFESSORE

Published: September 19, 2007

The federal prosecutor who has been investigating the outside business dealings of Joseph L. Bruno, the majority leader of the State Senate, is being considered by the Bush administration for a vacancy on the federal bench, according to United States Senator Charles E. Schumer.

The prosecutor, Glenn T. Suddaby, opened the investigation of Mr. Bruno, the state’s top Republican, more than a year ago, focusing on the senator’s intertwined political and business relationships with an array of individuals.

No charges have been brought against Mr. Bruno, who has repeatedly and adamantly denied any wrongdoing.

A White House spokeswoman declined to comment yesterday on whether the administration was considering Mr. Suddaby for a post.

William C. Pericak, the first assistant United States attorney for New York’s Northern District and a spokesman for Mr. Suddaby, declined to comment on the potential nomination or on any specific investigation being conducted by Mr. Suddaby’s office.

But as a general matter, he said, “Any turnover in the U.S. attorney should not have any impact on any ongoing investigation.”

A career prosecutor, Mr. Suddaby, a Republican who lives in Syracuse, supervised the homicide bureau of the Onondaga County district attorney’s office for a decade before the Bush administration appointed him to be a United States attorney in 2002.

A spokesman for Mr. Schumer said that the White House — which typically consults with a state’s top elected officials before formally nominating individuals for federal judgeships — submitted Mr. Suddaby’s name to the senator several weeks ago as a potential nominee for a vacancy on the United States District Court for the Northern District.

Last year, the White House nominated Mary O. Donohue, a Republican and a former New York lieutenant governor, for a second vacancy on the same court.

Her nomination stalled after Democrats won control of Congress, and the White House withdrew her name this month.

But Mr. Schumer, a Democrat and a member of the Senate Judiciary Committee, told administration officials that he would support the nomination.

In a statement yesterday, Mr. Schumer praised Mr. Suddaby as “a professional prosecutor with a deep respect for the rule of law, who has had a distinguished career."

"He will make an outstanding federal judge, and I look forward to pushing for his confirmation, should he be nominated,” Mr. Schumer said.

John E. McArdle, a spokesman for Mr. Bruno, said yesterday that the Bush administration had not consulted with Mr. Bruno about potentially tapping Mr. Suddaby for the post.

“They do not consult with us on their nominations, and this is no different,” said Mr. McArdle.

But Mr. Suddaby’s candidacy has been championed by other state Republicans, including Gov. George E. Pataki and Representative James T. Walsh, from the Syracuse area, said a former aide to Mr. Pataki.

Mr. Suddaby’s office has never officially confirmed that it is investigating Mr. Bruno.

But the inquiry burst into public view last December at a press conference Mr. Bruno called after reporters asked him about it.

A grand jury has issued subpoenas to a wide array of individuals and businesses in connection with the investigation.

They included clients of Mr. Bruno’s private consulting practice, past partners in real estate deals with the senator, and companies that received state grants with Mr. Bruno’s help.

The grand jury has also subpoenaed records from the State Lobbying Commission, which this month said that a wealthy Albany-area businessman and Bruno donor, Jared E. Abbruzzese, may have violated New York lobbying laws when he provided Mr. Bruno with flights on private aircraft.

Danny Hakim contributed reporting.

http://www.nytimes.com/2007/09/19/nyregion...amp;oref=slogin

GOVERNANCE: exercise of authority; direction; control

POLITICS:

1) Science or art of government or of the administration and management of public or state affairs;

2) The affairs or activities of those who are engaged in controlling or seeking to control a government or its offices or departments;

3) The life, profession or area of activity of such persons;

4) The principles, aims or policies of a government or of the parties or groups within a government;

5) The acts or practices of those who seek any position of power, authority, or advantage;

6) Political sentiments or opinions ...

- Reader's Digest Great Encyclopedic Dictionary

"Breakfast planned to aid DA candidate McNally"

Albany, New York Times Union

First published: Sunday, September 23, 2007

TROY -- Federal, state and union officials will co-host a breakfast fundraiser Monday for Democratic Rensselaer County district attorney candidate Richard McNally.

U.S. Rep. Michael McNulty and Assemblyman Ron Canestrari will join representatives of Troy-area labor unions for the event at 7:30 a.m. at the Italian Community Center, 1450 5th Ave.

Tickets can be purchased at the door.

McNally will try to become the first Democrat to head the Rensselaer County district attorney's office in 15 years and the first Democrat elected to the post since retired state Supreme Court Justice James Canfield in 1989.

McNally served as first assistant to appointed Democratic District Attorney Louis J. Catone for several months before he lost to Republican Mary O. Donohue in 1992.

Catone served a short appointment after Canfield won an assignment to the state Supreme Court in 1991.

McNally will run against Republican Greg Cholakis, picked by the GOP after the current district attorney, Republican Patricia DeAngelis, decided not to seek re-election.

Cholakis, 41, a first assistant public defender, has been with that office for 14 years and has been practicing law for 15 years.

-- Bob Gardinier

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Tom: Galt, while you believe the AG and DA are ignoring or lax in their duties because of politics, I believe, politics aside, that neither of those gentlemen would compromise the integrity of their offices or their future careers to protect the governor if he were actually guilty of some wrong doing.

JOHN GALT PATIENTLY RESPONDS: Tom, you really are the one in here that Student should be calling the TEACHER ...

And I mean that in a sincere way, dude ...

You are certainly teaching me the value of patience over exasperation as I continue to extend myself to respond to your derision of myself in here ....

And with respect to the relationship between Soares and "MOONDAWG THE MADMAN" Spitzer, who still cannot tell us why he disciplined Darren Dopp and the Howard dude when they did nothing wrong according to Soares, let us start with a look at factual history, Tom, as we upstate folks understand it, anyway:

"Spitzer backs re-election bid - Attorney general throws key party support behind Mayor Jerry Jennings" by BRIAN NEARING, Staff writer, Times Union, first published Thursday, April 7, 2005

ALBANY -- Last fall, a coalition of the Working Families Party, Citizen Action and Albany minority activists shocked the Democratic establishment in the primary for district attorney when David Soares beat incumbent Paul Clyne.

After the primary, Spitzer and nearly all top Democrats came out for Soares.

end quotes

Let us call that ALPHA, Tom ...

ALPHA is the beginning ...

And so it was, Tom ...

The beginning of the relationship between "MOONDAWG THE MADMAN" Spitzer, who still cannot tell us why he disciplined Darren Dopp and the Howard dude when they did nothing wrong according to Soares, and Soares himself ....

Who is already being touted upstate as a possible gubernatorial candidate to replace Spitzer, who is now seen as SEVERELY DAMAGED GOODS in NYS, because he now appears to not be in control of his mental faculties ...

After he either completely "lost time", or simply flew into some kind of berserk rage over a lost penny or something and out of the clear blue, suspended his best buddy Darren Dopp without pay, and demoted that Howard dude ....

Which means Spitzer is incapable of being trusted with OUR business as the citizens of this state ...

Spitzer is no longer fit to carry out the duties of Governor of the State of New York with his mental competence in question like it now is ...

And so ....

Posted by: John Galt | September 23, 2007 7:58 AM

http://www.nydailynews.com/blogs/dailypoli...nds.html?page=4

"Unrest in the ranks at RPI - Disagreement between professors, board of trustees raises tensions"

By MARC PARRY, Staff writer, Albany, New York Times Union

First published: Monday, September 24, 2007

TROY -- A fresh school year at RPI is starting with a familiar sight: faculty revolt.

In 1998, the faculty senate drummed out President R. Byron Pipes with a vote of no confidence.

In 2006, faculty came within six votes of declaring no confidence in President Shirley Ann Jackson.

Now, a fight over faculty governance is engulfing the school.

Some professors are upset that the board of trustees has temporarily suspended the faculty senate -- an unusual step that the provost says he recommended to prevent its members from interfering in a governance review.

Professors will head to the polls starting today to vote on a resolution demanding the senate's reinstatement.

If that doesn't work, some are talking about another vote of no confidence.

The administration's actions have been "incredibly demeaning and disrespectful toward the faculty," said one member of the suspended senate, Nancy Campbell, an associate professor in the Science and Technology Studies department.

This crisis has revived old accusations on both sides: from Jackson's supporters, that opponents are an old guard unhappy with the transformation of RPI outlined in her "Rensselaer Plan" and from critics, that her administration is authoritarian.

"There's a climate of fear -- that if you do not simply follow the administration's directives, you may well suffer the consequences," Campbell said.

Here's a brief history of the current havoc:

Last spring, professors voted on the seemingly innocuous question of who gets to participate in elections that select members of the faculty senate and key committees.

They voted overwhelmingly to expand the franchise to include so-called "clinical" faculty -- nontenured professors hired on contract only to teach.

The senate is an advisory body.

In December, RPI's ultimate authority, its board of trustees, handed down a new directive.

The order limited voting to those who have tenure -- a lifetime appointment -- or who are on the tenure track.

That means clinical faculty wouldn't get to vote.

Neither would the librarians, research faculty and some retired professors who already enjoyed the privilege.

About 350 are eligible to vote.

"The board in my opinion is strengthening the role of tenure in university governance and stewardship," said Provost Robert Palazzo.

"It's basically calling for the tenure and tenure-track faculty to take responsibility."

Palazzo accused the faculty senate of flouting the board's order by holding elections this spring under the old rules.

One of the officers elected then, Bruce Nauman, said the senate tried to move on the order but Jackson rejected its approach.

Palazzo argued that the election led to "a state of governance chaos," one RPI is trying to set straight with a new committee that will review faculty governance.

Nauman, a professor of chemical engineering who helped organize the 2006 no confidence vote, thinks displeasure over his election to the senate was a major factor in its suspension.

"I reject that premise," Palazzo said.

"These are problems of historic significance at Rensselaer that have basically been there smoldering for a long time."

"To place this on the shoulders of any one individual is really unfair."

E-mails about the issue have piled up in faculty in-boxes, some of them fierce.

Blitzkrieg, illegal and farce are some of the words deployed so far.

Professor Emeritus Don Steiner urged professors to boycott a faculty reception at the president's house.

Wayne Gray, a professor on the new governance committee, urged them to boycott this week's referendum.

"I cannot help but see the core of this current movement as representing the last gasp of the anti-Rensselaer Plan crowd," Gray wrote.

"Get rid of the Provost and President they cry."

"Our inalienable rights as faculty are being violated!!"

"Well, I don't think so."

The student newspaper, the Polytechnic, weighed in with a staff editorial.

The headline: "Play nice or go home."

"Given the events of the past few weeks, it appears that the administration is incapable of addressing the issues at hand in a civil, mature manner," the editorial said.

"If this truly is the case, then perhaps it is time for Jackson and Palazzo to step down before any more damage is done."

"On the other hand, if they can work with the community rather than against it, we encourage them to start doing so."

Pipes was RPI's president for almost five years when a host of concerns, including his management style, caused the 1998 revolt.

Jackson's tenure as president began in 1998, shortly after the senate's no-confidence vote, an occurrence far more rare than a satisfaction survey, which the senate has also conducted.

Marc Parry can be reached at 454-5057 or by e-mail at mparry@timesunion.com.

THE NEW YORK POST

"PROBE DEFANGED - SPITZ GOT MITTS ON DA: INSIDERS"

September 24, 2007 -- ALBANY County District Attorney David Soares allowed Gov. Spitzer's top aides to "review and edit" sections of his controversial report on the dirty-tricks scandal, administration sources say.

"There was cooperation between Soares and the governor's office from the start, and the governor's people were notified of the findings every step of the way," one source told The Post.

"Spitzer's people were given a chance to review and edit the findings," the source continued.

Soares' report on the scandal - which even some of the governor's allies privately describe as a "whitewash" - found that neither the governor nor his aides did anything illegal.

That's the same conclusion reached in an earlier report from Attorney General Andrew Cuomo on the plot to discredit Senate Majority Leader Joseph Bruno (R-Rensselaer).

But unlike Cuomo - who recommended disciplinary action against three top Spitzer aides - Soares' report claimed nothing improper had occurred.

It did, however, reveal that Spitzer and his aides spent weeks on efforts aimed at embarrassing or damaging Bruno by suggesting their GOP foe improperly used a state-owned plane to attend political events.

Soares, unlike Cuomo, also failed to put those he interviewed for the report under oath, oddly insisting he didn't have to do so because he had no reason to believe anyone would lie.

The report by Soares failed to explain why two top aides to the governor - Chief of Staff Richard Baum and Communications Director Darren Dopp - refused to be interviewed for Cuomo's probe under oath but agreed to give unsworn testimony to Soares.

Heather Orth, a spokeswoman for Soares, and Christine Anderson, Spitzer's rep, both denied that the governor's aides were given a chance to edit the report.

Some Spitzer administration members, as well as the governor's political allies, almost immediately described the Soares report as a "cover-up" and an "embarrassment."

"The logic isn't there in the report," one official said.

"Soares has the governor saying he doesn't believe Bruno's behavior was illegal, but then Dopp goes ahead anyway and leaks a breathless story about it to the local Albany paper?"

"Then the governor claims he didn't know anything about the 'leak,' but after the 'leak' occurs, he issues a statement saying this should be investigated by criminal authorities?" the official said incredulously.

"And even though the governor suspended Dopp and claimed he acted without authority, he now claims nothing wrong was done and he puts Dopp back on the payroll?"

For his part, Bruno called Soares' report a "whitewash" and insisted, "This is not going to go away until we get the full and complete truth, which should involve the governor appearing in public and answering questions under oath."

fredric.dicker@nypost.com

http://www.nypost.com/seven/09242007/news/...be_defanged.htm

THE NEW YORK DAILY NEWS

Elizabeth Benjamin


"Troopergate probe skepticism greets new integrity panel"

Monday, September 24th 2007, 11:46 AM

A new state Commission on Public Integrity officially opens for business today amid skepticism over its independence and speculation that the Spitzer administration has already sought to influence the outcome of its Troopergate probe.

A source close to Albany County District Attorney David Soares maintained the prosecutor was pressured by Gov. Spitzer's aides to rush a report into print exonerating the governor in the alleged scheme to discredit Senate Majority Leader Joe Bruno before the new commission began its work this week.

Both Soares and Spitzer spokeswoman Christine Anderson insisted this was not the case, with Soares saying:

"That report moved on my timetable."

Anderson acknowledged the administration wanted the Troopergate investigations "to move as quickly as possible," but stressed:

"The timing was entirely up to Soares, as is appropriate."

Soares noted the Troopergate probe taxed his already overworked and understaffed public integrity unit, and said he wanted the report written "as quickly as possible" once the final individual of interest - Spitzer himself - was interviewed last Wednesday.

But state Sen. Martin Golden, a Brooklyn Republican, questioned the timing of the Soares report, which came out last Friday morning.

"I think it's a game, and it's part of the whitewash," Golden said.

"It seemed coincidental that the commission came together at the same time," continued Golden, a member of the Senate Investigations Committee, which will hold its third Troopergate hearing today.

"But nothing's coincidental in this world."

Within hours after Soares released his report, which not only found no criminality in the Troopergate scandal, but also claimed Spitzer's aides were within their authority to gather information on Bruno's use of state aircraft, the governor announced the appointment of all but two of the new commission's 13 unpaid members.

Of the 11, four have either contributed personally to his political campaigns or work for a law firm that made donations.

Two worked in the Manhattan DA's office during Spitzer's tenure there, and one worked for him when he was state attorney general.

Under a deal struck in Albany this year, the state ethics and lobbying commissions were merged to create the Commission on Public Integrity.

Spitzer gets to appoint seven of the 13 commissioners.

Andrew Celli, a Lobbying Commission holdover who worked for Spitzer when he was attorney general and was appointed by the governor to the new commission, has personally contributed the most to the governor's political campaigns - $7,500 to his 2006 bid and $1,000 to his 2010 reelection committee.

Robert Giuffra, another Spitzer appointee and an Ethics Commission holdover, contributed $1,500 to Spitzer's 2002 attorney general campaign.

His time at the Manhattan DA's office overlapped with Spitzer's tenure there.

Giuffra is also Spitzer's neighbor and a fellow Princeton alum.

Howard Levine made no personal contributions to Spitzer, but his law firm, Whiteman Osterman & Hanna, gave $9,569 to Spitzer for the 2006 race.

Daniel Alonso made no contributions but worked with Spitzer in the Manhattan DA's office.

Daniel French, appointed by Attorney General Andrew Cuomo, contributed $1,000 to Spitzer last year.

Senate Investigations Committee Chairman George Winner, an Elmira Republican, said the new commission's members "certainly look to be competent people," but added that the "hugely politically charged atmosphere" puts everyone's connections under the microscope and raises questions about their ability to be truly independent.

http://www.nydailynews.com/news/2007/09/24...reets_new_.html