THE NEW YORK POST

"GOP SET TO MAKE TOP COP A CANARY"

By FREDRIC U. DICKER, State Editor

September 24, 2007 -- ALBANY - In a major escalation of their dirty-tricks probe, Senate Republicans will vote today to subpoena the head of the State Police to testify about efforts by members of the Spitzer administration to gather dirt on Senate Majority Leader Joseph Bruno, sources told The Post.

The unprecedented subpoena for acting State Police Superintendent Preston Felton will come three days after the Spitzer appointee refused a request that he voluntarily testify today for the Senate Investigations Committee.

"The subpoena will be approved today for Felton by name, and the committee will make it clear that it will issue subpoenas for all other members of the Spitzer administration who refuse to cooperate," a source told The Post.

Others who may soon be subpoenaed are Gov. Spitzer's chief of staff, Richard Baum, and communications director, Darren Dopp, who was suspended for a month as a result of the scandal.

Both aides refused to be interviewed under oath during Attorney General Andrew Cuomo's probe.

Felton said it would be inappropriate for him to testify because the state Ethics Commission, which was merged over the weekend into the Commission on Public Integrity, was already conducting a probe.

Senate probers plan to question Felton about contradictory statements concerning the scandal.

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

CHANNEL 10

"Winner says Spitzer should testify under oath in Troopergate scandal"

Updated: 9/23/2007 8:06 AM

By: Giselle Phelps

ITHACA, N.Y. -- Senator Winner spent part of Friday listening to concerns about the state's aging population.

Meanwhile, Albany County District Attorney David Soares was a holding a news conference to say that the Governors Office was within its right to use State Police to review Senator Majority Leader Joe Bruno's travel records.

Winner says Soares' report is lacking.

"I just think the failure to have anybody testify under oath in his probe once again raises questions as to whether or not all appropriate investigative tools were utilized, whether the probe was thorough," said Senator Winner.

Governor Spitzer says he wants to stop talking about Troopergate and get back to the people's business.

Winner says the public wants Spitzer to testify.

Winner says Spitzer should testify under oath in Troopergate scandal

"I'd like to get back to doing other things also."

"It’s up to the Governor to do that."

"He's the one that did this, his office did this, his office is stone-walling," Senator Winner said.

The State Commission on Public Integrity is also expected to release a report on the scandal.

Winner says everyone is making pronouncements based on self serving statements made by those who are being investigated.

"We have all these people that are doing these reports,” Winner said.

“None of them with the benefit of any sworn testimony under oath."

Winner says the Legislature needs to establish appropriate standards and responses to the scandal and the Investigations Committee has hired a special prosecutor to do just that, former U.S. Attorney Joseph E. DiGenova.

http://www.news10now.com/content/top_stori...asp?ArID=120796

"Even with no cards, Bruno overplays his Troopergate hand"

By FRED LeBRUN, Albany, New York Times Union

First published: Sunday, September 23, 2007

No one expected Albany County District Attorney David Soares' long awaited report on Troopergate to be the end of the matter.

A prosecutor is concerned with only one thing: establishing whether a crime was committed.

"No" was the simple answer in Soares's 35-page report released Friday.

Nothing new there.

Attorney General Andrew Cuomo came to the same no-crime conclusion, applying to the conduct of both Senate Majority Leader Joe Bruno concerning his abusive use of state aircraft, and to Governor Spitzer and his colleagues over the zealous gathering of information damaging to Bruno.

Soares' report focuses solely on the Spitzer side of the equation.

While he and Cuomo concluded the same thing, Republicans predictably tried to paint it otherwise.

"The report issued today does little to lift the cloud over the Capitol in regard to the conduct of the Governor's administration."

"We now have a report issued by the Attorney General that raised serious concerns about the abuse of government power and recommended disciplinary actions against the Governor's aides, and a second report by the Albany County district attorney that came to a different conclusion," Bruno stated late Friday.

Bruno's reaction is little more than self-serving.

Cuomo 's report went surprisingly deep into alleging possible inappropriate and unethical conduct by key Spitzer aides.

The attorney general drew these conclusions without ever interviewing those key aides.

Soares' investigators, by contrast, interviewed the aides and the governor himself and came up with the opinion that the aides had sufficient cause and the right to look into Bruno's use of the aircraft, and that there was no conspiracy to smear Bruno.

But on the main reason for both reports, Soares and Cuomo came unequivocally to the same conclusion: No crime was committed, not even close.

From this scandal's first blush, it wasn't likely about crime anyway.

As Cuomo has reaffirmed repeatedly and Soares alluded to Friday, not all inappropriate acts are illegal.

The Soares' report intimates, though, that he uncovered no inappropriate behavior by Spitzer's people.

Again as expected, the Bruno crowd minimized the Soares report because the DA didn't put anyone under oath.

Soares went to great length during a press conference Friday to explain why, as policy, his office doesn't put anyone under oath during an inquiry.

An inquiry is the first step to determining whether a crime was committed.

It was either naive or a terrible miscalculation to not realize that this was no ordinary inquiry.

State government is at a standstill until this business is resolved.

Senate Republicans, a scant majority under fire, are desperately trying to keep the issue alive to make themselves look important.

If ever there was a time to put anyone under oath, this was it.

Especially since there's no indication Spitzer and the his colleagues would have objected.

To the contrary, it would have put a lot of this overblown souffle to rest.

Still, what will be unfairly glossed over here is how important and how revealing the Soares investigation is.

In those 35 pages there's a lot of good, on-the-record explanation from the principals in the Spitzer camp and the State Police as to who said what and when, and what their alleged motivations were.

In this context, how the story evolved in trying to get the goods on Bruno's air travel is far more plausible and far less suspicious than painted by Cuomo's report.

So, with the benefit of hindsight, maybe the attorney general and his investigators would have been better served if they had held off releasing their own devastating and accusatory report until they had gotten even unsworn statements from those key Spitzer aides.

Let me amend that: We the public would have been far, far better served.

We probably could have gotten back to state business a long time ago.

All of this now puts the spotlight on ethics, not crime, and on John Feerick and his spanking new Commission on Public Integrity.

How they parse this one will dictate whether this commission is taken seriously.

And as a continued side show, we will have the Senate Republicans and their investigation committee bolstered by a $500,000 "special counsel," a Washington-based, arch-Republican mud-slinger named Joseph diGenova.

Bruno's people already dreadfully overplayed their hand with political consultant Roger Stone and his antics.

Surely Act II will follow.

From theater of the absurd, to theater of the grotesque.

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

THE STAR-GAZETTE

"Keep the politics out of state police - Winner's hearings can unravel truth about recent interference from governor's office"

September 23, 2007

One morning in early 1994, there was a graduation of new state troopers in Albany.

Gov. Mario M. Cuomo was introduced and stepped up to address the assembly.

He threw aside his speech and instead treated the new-fledged troopers to an encomium of soon-to-depart Superintendent Tom Constantine, a career state trooper, who assumed leadership of the Drug Enforcement Administration a few weeks later.

This was the last public appearance Constantine made in the uniform he had worn for 32 years as he rose through every rank in the state police.

"Tom Constantine," said the governor.

"One of New York's treasures."

I am quite unabashedly Tom's biggest fan.

I was there, and I was delighted with the governor's comment.

But I was also looking out at all those proud new troopers and I thought:

"Yes, Tom's one of our treasures, but these and all who have worn this uniform in the long, gray line stretching back to the division's founding in 1917 are also our treasures, just as the freedom and justice they protect are our treasures."

For those of us who respect and admire the New York State Police, recent months have brought woe heaped upon woe.

We have lost troopers to criminal violence, war and the hazards of the job.

We have endured the so-called "Troopergate" affair that presents us with the appalling spectacle of their honorable name stamped upon what the media are turning into a tawdry and festering political circus.

Now the state troopers' Police Benevolent Association has issued a scathing criticism of the organizational culture and leadership of the state police and called for an unprecedented outside investigation.

I'm bringing this to the attention of the readers of the Star-Gazette because the distinguished state senator who represents so many of you, George Winner, is presiding over a series of Senate committee hearings prompted by the "Troopergate" affair and the PBA complaint.

Indeed, Constantine, along with his fellow former superintendents, James McMahon and Wayne Bennett, has been invited to appear before the Senate Investigations Committee on Monday to answer questions about serious concerns that have been raised over executive interference in state police business and misuse of state police authority and resources for political purposes.

Constantine was recently asked about "Troopergate" by a New York City reporter.

He responded by noting that Col. George Fletcher Chandler, the first superintendent of state police, laid down a bright line rule: that the division of state police must never become an instrument of political power.

He put it this way: "[Col. Chandler] had a very solid philosophy."

"His law enforcement had all this power, the power to investigate, the power to detain, the power to arrest and it would be contaminated if it were ever used for political purposes."

"And that really became part of the DNA of the state police."

Cynical people here in Albany are convinced that Sen. Winner and his Republican colleagues in the Senate have some questionable political motivation or objective in holding this series of hearings.

I strenuously disagree.

In fact, I applaud Sen. Winner for his deliberate and dignified approach to examining some very fundamental issues about the state police and its leadership that have been raised at a most critical time.

For the first time in 12 years, we have a new governor who has, for the first time since 1983, made known that he is considering candidates for the office of superintendent from outside the state police.

That is his prerogative, of course.

But the circumstances under which acting Superintendent Preston Felton has been serving are unprecedented and murky.

He was brought out of retirement to serve in an acting capacity.

The authority of his leadership is not firmly established, which is a detriment to the organization.

The Senate has had no opportunity to establish a formal relationship of trust and confidence with him.

Now, because of political conflict between Gov. Eliot Spitzer and Senate Majority Leader Joseph Bruno, Felton's viability as a confirmable leader for the state police has been called into question.

It should be a matter of considerable pride to New Yorkers that an African-American who is a career state trooper with credentials and accomplishments quite comparable to his three immediate predecessors, including one who distinguished himself on the international stage, has achieved this office.

If anything, as an African-American, Felton faced far greater challenges in his rise through the ranks.

He is eminently well-qualified for the job.

If Spitzer has made any miscalculation, it was in not sending Felton's nomination to the Senate immediately upon his predecessor's retirement.

The importance of the continuity of leadership of the state's premier law enforcement agency is that great.

During the 1993 campaign to create the Gray Rider State Trooper Monument, I traveled the state and learned first-hand the respect and affection with which this great organization is held.

I have no doubt that the people of the 53rd Senate District share in that regard.

It is the well-earned product of now nine decades of exemplary service to generations of New Yorkers.

Acting Superintendent Preston Felton is himself the product of that tradition of service.

If staying out of politics is encoded into state police DNA, it is encoded into his as well.

I would hope that the good people of the 53rd Senate District would join me in acknowledging Preston Felton as one of New York's treasures.

It would do Sen. Winner good to hear that from you.

Terry O'Neill is an Albany attorney and specialist in public security policy who is working toward the creation of the Thomas A. Constantine Institute for the Study of Transnational Organized Crime and Terrorism. Guest View offers an opportunity to comment in-depth about an interest or to address specific issues that have public impact.

http://www.star-gazette.com/apps/pbcs.dll/...25/1004/Opinion

"Makeup of panel draws critics - Ex-federal prosecutor who lobbied for gaming industry among members of integrity commission"

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

First published: Wednesday, September 26, 2007

ALBANY -- The state's new Commission on Public Integrity is just three days old, but critics are already questioning whether some of its members have too many ties to issues they may have to rule on.

The latest rumblings concern a former federal prosecutor from Syracuse, Daniel French, who is Attorney General Andrew Cuomo's choice to serve on the 13-member commission.

French, a respected former U.S. attorney, may have a conflict because of his work for the Cayuga Indian Nation, which is looking to build a casino in the Catskills.

The objections are both philosophical and legalistic, with one lawyer wondering if French's work for the gaming industry should have precluded him from serving on the integrity commission.

"If this commission is going to have integrity, then you can't have a lobbyist as a member," said Joseph Heath, a Syracuse lawyer who represents an anti-gaming faction of the Onondaga Indians.

French in 2005 briefly registered in New York as a lobbyist for the Cayugas when he testified on their behalf before the state Senate.

He's no longer an active state lobbyist, but is registered to lobby before Congress through his firm, Capitol Federal Strategies.

Lobbying the federal government may not preclude French from serving on the new state panel, but Heath's interpretation of the lobbying laws also suggests that French's involvement in the gambling industry could present a problem.

State lobbying laws might be interpreted as barring those involved in the gaming industry, he believes.

The gaming connection also drew criticism last weekend from a western New York newspaper, the Auburn Citizen, which suggested French's work for the Cayugas could pose a conflict.

French, who declined to comment, also represents Evident Technology in a federal investigation involving the firm's former co-chairman, Jared Abbruzzese, and Senate Majority Leader Joseph L. Bruno.

Benjamin Lawsky, deputy counselor and special assistant to Cuomo, stressed that French is no longer a state-registered lobbyist.

"He's an outstanding former U.S. attorney with impeccable credentials," said Lawsky.

But the prospect that French might have to recuse himself if he faces an issue to which he is connected is problematic, said Christina Bottego, grants and programs manager for Common Cause NY.

She believes the new commission simply has too many lawyers who are connected in one way or another to lobbying groups or entities that have business before state government.

"The unfortunate truth is that when the Public Integrity Commission was established, the rules and regulations guiding its functioning were just not strict enough," said Bottego.

"The appointment of Daniel French points to an area where we need to tighten things up -- federal clients aren't prohibited from serving, but it will make it more likely there will be recusals."

Moreover, several commission members work for law firms that have lobbying divisions, which also presents possible conflicts-of-interest that would prompt members to recuse themselves from particular issues.

The Commission on Public Integrity, created by Spitzer, merged the former ethics and lobbying commissions.

Under the new setup that took effect Monday, the governor appoints seven of the 13 members.

One member each is appointed by Cuomo, Bruno, state Comptroller Tom DiNapoli, Senate Minority Leader Malcolm Smith, Assembly Speaker Sheldon Silver and Assembly Minority Leader James Tedisco.

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by EnWhySeaWonk: John, people as obsessed with TrooperGate as you probably find this blog's quality lately has been good, but I would hazzard to guess that readership is down and it's because of how monotonous it had become.

JOHN GALT RESPONDS: And, EnWhySeaWonk ....

Obsessed?

I kind of like that word, EnWhySeaWonk ...

It is indeed a very descriptive word, to wit:

OBSESSION: a persistent disturbing preoccupation with an often unreasonable idea or feeling ...

- Webster's New Collegiate Dictionary

But as you can see, dude ...

In the case of this TROOPERGATE ...

The word "OBSESSION" as applied to me is way wide of the mark ...

And here, in support of that statement, I simply refer to the words of the Honorable Terry O'Neill, ESQUIRE, a mature, responsible, well-thought-of legal mind who continues to post in here concerning TROOPERGATE, to wit:

Cynical people here in Albany are convinced that Sen. Winner and his Republican colleagues in the Senate have some questionable political motivation or objective in holding this series of hearings.

I strenuously disagree.

In fact, I applaud Sen. Winner for his deliberate and dignified approach to examining some very fundamental issues about the state police and its leadership that have been raised at a most critical time.

end quotes

ISSUES ABOUT THE STATE POLICE THAT HAVE BEEN RAISED AT A MOST CRITICAL TIME ...

And then there are these statements attributed to young Andy Cuomo himself concerning the need to keep discussing TROOPERGATE publicly in the TU article "Cuomo is right about keeping Troopergate debate going" by FRED LeBRUN, Times Union, first published Friday, August 31, 2007, wherein is stated:

Not surprisingly, Attorney General Andrew Cuomo is one prominent state Democrat who wants the hoopla over Troopergate to continue, not calm down as others in his party would prefer.

"This is an important conversation to have, and to continue to have ..."

"It's all about the dysfunction of Albany that you guys have been writing about for years."

"It's about public integrity ..."

end quotes

Is that OBSESSION on young Andy Cuomo's part, do you think, EnWhySeaWonk?

And then there is what young Andy is saying in the TU story "Troopergate called unethical but not criminal - Cuomo calls probe of scandal involving Spitzer aides adequate despite limitations" by RICK KARLIN, Capitol bureau, Times Union, first published Friday, August 31, 2007, as follows:

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

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

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

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

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

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

end quotes

But we didn't have the BLOGS 15 years ago, EnWhySeaWonk ....

So the conversation never was had when it should have been had, back when it might have been simpler ....

So ...

We are having it now, dude, instead ....

And some people are probably bored with it, and want it to go away ....

I know Eliot Spitzer and his people are, and they want it to ....

But that is not happening any time soon, dude ....

Not until we get some answers as to Eliot Spitzer's mental status, anyway ....

And so ...

Posted by: John Galt | September 26, 2007 6:39 PM

http://www.nydailynews.com/blogs/dailypoli...6.html#comments

"Senate GOP poised to subpoena state police head"

By MICHAEL GORMLEY, Associated Press

Last updated: 6:43 p.m., Monday, September 24, 2007

ALBANY -- The Republican-led Senate investigations committee voted Monday to subpoena the head of the state police in the scandal in which top Spitzer administration aides were accused of plotting to embarrass Senate GOP leader Joseph Bruno.

The first action to compel testimony under oath in the months-old scandal came as Democrats lashed out at the Senate's Republican majority for continuing to investigate the alleged plot.

Two Spitzer aides have been accused of using state police to compile and publicly release travel records to embarrass Bruno, although the Albany County district attorney last week said no crimes were committed and he saw no evidence of a plot or aides exceeding their authority.

"The people of this state are saying, 'Stop with this nonsense,'" said Senate Democratic leader Malcolm Smith.

"End this farce," Smith said.

"Don't hold hostage the state of New York."

He spoke at a press conference before the Senate investigations committee met again on the scandal that gridlocked Albany through the summer.

A New York Daily News editorial on Sunday called the scandal "a gigantic fraud perpetrated on the public" by Bruno.

"Bruno seems determined to beat this dead horse," the editorial stated.

The Senate investigations committee, run by Elmira Republican George Winner, approved the issuing of a subpoena to state police Acting Superintendent Preston Felton.

Felton had declined the committee's request to answer questions.

The committee, however, said it will again request Felton to appear voluntarily before it issues a subpoena.

The committee members also said subpoenas could be issued later to top Spitzer administration aides.

"The bottom line is that the people in this state have a right to know the truth," Bruno said in a news conference.

"We're going to put whatever people in place it takes, that's necessary to help make sure we have full disclosure and it's done properly and it's done right, on behalf of the people in this state."

Democratic Gov. Eliot Spitzer's spokeswoman dismissed the Senate's pursuit of the scandal as politically motivated.

Spitzer, his aides and Felton have cooperated with the district attorney's investigation and with the continuing investigation by the state Public Integrity Commission, whose majority is appointed by Spitzer.

"It is wrong for the Senate Republicans to draw career law enforcement professionals into their partisan hearings," said Christine Anderson, Spitzer's spokeswoman.

"It is equally wrong to run roughshod over the Public Integrity inquiry, with which these same witnesses are cooperating."

Albany County District Attorney P. David Soares' report released Friday was the second investigation of the scandal in which Bruno accused the Spitzer administration of using state police in a plot to discredit him.

Bruno had legally used state aircraft and a state police driver on days he mixed meeting with lobbyists with Republican fundraisers.

That mixed use has since been restricted.

The first report was by Attorney General Andrew Cuomo.

In July he found no crime was committed but faulted two top Spitzer aides for misconduct.

Soares, however, found all officials -- including Spitzer -- acted within their authority and didn't try to smear Bruno by releasing the travel records to a reporter who requested them.

Soares and Cuomo are Democrats.

Smith also criticized the Senate Republicans' hiring of a special counsel from Washington, D.C., at a cost of $450 an hour for up to $500,000.

The former U.S. attorney will advise the investigations committee.

Bruno announced the Senate will return to Albany Oct. 22 for a session to consider legislative agreements and some of Spitzer's appointees who haven't yet been confirmed.

Democratic Assembly Speaker Sheldon Silver said an Oct. 22 session is "possible" if there are agreements with the Senate.

It's common practice in Albany to reach agreements in closed-door negotiations before bills are sent to the floor for debate and votes.

------

AP Writer Jessica Pasko contributed to this story from Albany.

AND AS A PUBLIC SERVICE IN HERE, WE HAVE "THE USUAL SUSPECTS" IN CORRUPT NEW YORK STATE POLITICS FROM ALBANY'S OWN METROLAND MAGAZINE, AS FOLLOWS:

"The Ones to Watch - A Metroland roundup of some of the high-profile people who see to it that the media always have something interesting to report"

Compiled by Metroland staff

Eliot Spitzer rode the wave of prodigious victory to the Capitol in 2007, campaigning the entire way that his administration would “change the ethics of Albany.”

Attorney General Andrew Cuomo and Albany District Attorney David Soares have dedicated considerable resources to their Public Integrity Units, jumping into the fray of the day’s high-profile ethics scandals.

Currently, the “Troopergate” scandal, which has consumed the media for months, highlights perspicuously the politics-as-usual nature of Albany:

Powerful state Sen. Joseph Bruno (R-Brunswick) is caught up in allegations of misuse of state helicopters.

But before the dust settled on the accusations, he managed to shift the weight of scandal onto his fiercest political opponent, Gov. Spitzer.

Two investigations later, it would come out that neither man appears to have committed a crime.

Yet, if the media frenzy surrounding the rather banal Troopergate is an indication, the public is fed up with corrupt politicians and is ready to see some heads roll.

In an effort to help, Metroland has put together a list of the people at the heart of some of the more egregious allegations of corruption and misdeed.

As Albany independent candidate for the 4th Legislative District Jose Lopez would say, these men appear to “sit at the same table that corruption sits.”

Joseph Bruno

New York state senator (R-Brunswick) and Senate majority leader

Alleged Crime

Widely suspected of political kickbacks; the FBI has been tight-lipped

Background

What can be said about Sen. Joe that hasn’t already been uttered, scribbled, or angrily slurred?

A true American classic, the scrappy onetime pugilist pulled himself up by his bootstraps from humble beginnings to secure a long-held seat at the table of power in New York state.

His critics are quick to claim that he runs Rensselaer County like a fiefdom, protecting his allies-run-amok and crushing his opponents.

Nothing goes down in this county, they say, without the old man’s approval.

In political life, Bruno boasts an adeptness for the bob and weave; his one-two combinations landing more than a few knockouts.

His masterful gamesmanship is most recently evident in the months-long series of investigations stemming from the so-called “Troopergate.”

When allegations broke that he had used state helicopters to travel to and from New York City for political events, it was shaping up to be a PR calamity.

Though his travels were not illegal, they were definitely questionable.

Dogged by extremely public battles with the new, feisty governor, Eliot Spitzer, Bruno took the opportunity to slap down his nemesis, and shifted the onus of scandal onto the new governor’s shoulders by exclaiming that the Spitzer administration had used the New York State Police to spy on him.

The state attorney general’s office investigated and found that neither men had committed a crime.

And now, even after Albany District Attorney David Soares has cleared Spitzer of any wrongdoing, Bruno’s Senate has moved forward and voted itself subpoena power to continue its own investigation into the Spitzer administration.

The Brunswick Bruiser is nothing if not tenacious.

Proving harder to dodge for 78-year-old Bruno, however, is the FBI investigation that came to light late last year.

Though the senator claims the feds are only interested in his “outside business interests,” all eyes have turned to his onetime business partner and friend, Jared Abbruzzese.

Bruno, it has been alleged, took personal gifts from uber-rich entrepreneur Abbruzzese in exchange for state grant money.

Although the FBI has not said what it is investigating regarding Bruno, Abbruzzese himself has become the target of a state lobbying commission investigation.

The commission findings report that the $34,100 of air travel, which Abbruzzese arranged for Bruno, was in violation of lobbying law that caps campaign contributions at $75.

In apparent exchange for these travel gifts, Bruno arranged for two $250,000 state member-item grants for Abbruzzese’s Troy-based firm, Evident Technologies Inc.

Bruno has not been implicated in the state investigation.

Status

The FBI investigation is ongoing.

U.S. Attorney Glenn Suddaby, who has been investigating the case, recently was nominated for a federal judgeship.

Threat Level: high

Jared E. Abbruzzese

Businessman

Alleged Crime(s)

Crooked dealing and financial flirtations with Sen. Joseph Bruno

Background

Wealthy Loudonville businessman Abbruzzese currently is entangled in the FBI investigation of his friend, Senate Majority Leader Bruno, though neither of the men have stated what, exactly, is being investigated.

A report by the state lobbying commission stated that Abbruzzese gave $34,100 worth of private jet flights to Bruno, in violation of lobbying law that bans gifts to public officials over $75.

The flights are suspected to be a reciprocation for Bruno’s investment of state funds into Evident Technologies Inc., a nanotechnology company Abbruzzese helped to create.

The company received two $250,000 member-item grants from Bruno, though state money allocated for member items is meant to be given to nonprofit organizations.

According to the Times Union, the grants are under investigation by the FBI.

Abbruzzese has further ties to Bruno through their shared investment in the horseracing industry.

While co-chair of Evident, Abbruzzese’s partner, Wayne Barr, was Bruno’s appointee on the New York Racing Association.

After the lobbying commission began investigation of Abbruzzese, he rescinded his position with Empire Racing Associates, one of four bidders Bruno could approve to operate the state’s racing franchise.

In 2002, Abbruzzese’s consulting firm, Communication Technology Advisors (CTA), was hired by Motient Corp., a wireless communications company, to provide financial advice, while Abbruzzese was still a director at Motient.

CTA received millions from the transaction, according to Business Week.

Abbruzzese then allegedly pressured Motient to hire Tejas, Inc., an investment bank from whom he had purchased thousands of shares of stock.

Bruno said that he bought stock in Tejas as well.

After the hiring, Tejas’ shares increased by 900 percent.

Status

Abbruzzese has been called to a civil penalty hearing under the newly created State Commission on Public Integrity, which will be formed at the end of the month, though he continues to fight the subpoena.

He faces up to $250,000 in penalties for the flights alone, though it has been pointed out that loopholes in the system may clear him from being charged with illegal activity.

The IRS has filed a lien against Abbruzzese and his wife Sherrie for $2.9 million, from their 2005 income taxes.

The FBI investigation continues.

Threat Level: medium

Alan G. Hevesi

Former state comptroller

Alleged Crime(s)

Profiting from the pension fund

Background

Investigators from the state attorney general and Albany County district attorney’s office are looking into whether aides and political allies of former state Comptroller Alan Hevesi were awarded contracts by investment firms that did business with the $154 state pension fund, of which Hevesi was the sole manager.

Hevesi allegedly poured hundreds of millions of dollars into firms that then paid money to companies affiliated with Hank Morris, Hevesi’s former top political consultant.

One such company is Searle & Co., a small Greenwich, Conn., financial- services firm.

The New York Post reports that Morris received $13 million from the firm, while also earning money on the sly as a board member at eSpeed, a company that processed trades for the pension fund.

According to the current state comptroller, Thomas P. DiNapoli, documents relevant to the case disappeared following the resignation of Hevesi appointee David Loglisci, who served as deputy comptroller for pension investment and cash management.

In order to conduct a full investigation, New York Attorney General Andrew M. Cuomo has invoked the Martin Act, a law that gives complete authority of investigation to the attorney general’s office, including subpoena power and the ability to file civil and criminal proceedings.

Other matters being looked into are whether Hevesi’s former chief of staff, Jack Chartier, engaged a state-employed driver to chauffer former Mod Squad actress Peggy Lipton, and whether Hevesi’s sons, Assemblyman Andrew Hevesi (D-Queens) and Daniel Hevesi, who works for a hedge fund, also benefited from their father’s misdoings.

The investigations are icing on the cake for Hevesi who was accused by Republican opponent Christopher Callaghan during last year’s election of using a state employee to chauffeur his wife.

The chauffeur arrangement would have been acceptable if Hevesi had reimbursed the state, which, he claimed, he “forgot” to do.

Then-Attorney General Eliot Spitzer had the comptroller place $90,000 in an escrow account until both the state Ethics Commission and the attorney general’s office completed investigations.

Despite the scandal, Hevesi defeated the inexperienced Callaghan soundly.

Soon after his reelection, Hevesi was found guilty of defrauding state government of $180,000, “with no intention of paying the state back,” according to Gov. Pataki-appointed prosecutor, David Kelley.

Spitzer concurred.

After another investigation by Albany District Attorney David Soares found that there was criminal intent in Hevesi’s actions, Hevesi took a plea bargain with the Albany County Court on Dec. 22, 2006, and resigned from his office.

Status

Ongoing investigation that keeps revealing new alleged crimes.

Threat Level: medium

John Sweeney

Former United States congressman, Republican, 20th District

Alleged Crime(s)

Numerous alleged ethical violations, undue influence on state police

Background

Sweeney earned his nickname “Congressman Kickass” from President George W. Bush thanks to the take-no-prisoners style he put to use during the Brooks Brothers Riot amid the Florida recounts of the 2000 election.

Sweeney reportedly led that interference.

During his eight years as representative for the 20th Congressional District, Sweeney faced down, and mostly avoided, myriad ethical questions.

One of the most striking concerns focused on a trip Sweeney took to the Marianas Islands with associates of crooked lobbyist Jack Abramoff.

Sweeney failed to disclose that his trip was privately funded, which is a violation of congressional rules.

He insisted that Marianas officials had paid for the trip, an accusation they deny.

Sweeney had a number of other ethical dilemmas involving lobbyists and donors.

On top of that, Sweeney had a reputation of partying just a little bit too hard.

Pictures of his notoriously red-faced visit to a Union College frat house spread through the Internet like wildfire.

The story of Sweeney’s one-car accident in 2001 was also popular among his political enemies, as Sweeney was never administered a sobriety test despite the fact that he admitted to consuming alcohol before the crash.

Sweeney’s many critics all assumed that one of the plethora of ethical questions dogging the congressman would be what cost him his seat.

Instead, a media-revealed police report regarding a domestic-violence incident involving Sweeney and his wife, Gaia, began his descent.

And it was his response to the report that may have truly cost him his seat.

Sweeney charged that the report was false, perhaps the work of his political enemies.

But later Sweeney and his wife acknowledged that they knowingly lied.

Earlier this month, the state Police Benevolent Association delivered a comprehensive report on changes needed in the state police.

The report noted that there was an active cover-up inside the state police to make the domestic violence call to Sweeney’s home look like a “generic service call.”

The report further requested the establishment of a review panel that could look into ethical dilemmas such as the Sweeney cover-up.

Status

As he currently is dealing with the results of a rather nasty and public divorce, it is questionable whether Sweeney will try to recapture his seat next fall from Kirsten Gillibrand.

If Sweeney were to throw his hat back in the political arena, his ethical baggage presumably would come with him.

Threat Level: low

Robert Mirch

Three-job Bob has earned the moniker: Troy commissioner of public works; majority leader in the Rensselaer County Legislature (R-Troy); and constituent liaison for Sen. Bruno

Alleged Crime(s)

Running a political-campaign consultancy business out of the Rensselaer County legislative offices, and engineering election-year tomfoolery

Background

Mirch is known in Rensselaer County for his aggressive, take-no-prisoners politicking.

So when the allegations surrounding “Tonyagate” hit the presses earlier this year, none of his critics was surprised.

According to former Sand Lake supervisor and onetime Rensselaer County Republican staffer Colleen Regan, it happened back in 2005, when Mirch whisked her away from her duties at the legislature.

Together, she claimed, the two traveled in a public vehicle to Troy City Hall.

There, during office hours, she said, she was forced to perform a very unique, and illegal, bit of election-year campaigning.

Sitting in Troy Deputy Mayor Dan Crawley’s office, she was handed a script and told to assume the personage of a fictional woman named “Tonya.”

She then read from the script, accusing Troy City Councilman Bill Dunne (D-District 4), who was reeking reelection at the time, of sexually harassing her.

The message was to be used as part of the political campaign of Dunne’s opponent.

Two years later, after getting fired from her position with the majority, Regan’s allegation came out in an unrelated complaint that she filed regarding her dismissal with the state Department of Human Rights.

Seizing upon Regan’s affidavit, Troy Democrats clamored for an investigation, and Albany County District Attorney David Soares was appointed special prosecutor to do just that.

And it doesn’t stop there.

In a second affidavit, which Regan filed with Soares’ office, she widened the scope of her allegations.

In this affidavit, she alleged that Mirch was running a consultancy firm, Victory Lanes LLC., with business partner Richard Crist, out of the Rensselaer County legislative offices.

Meanwhile, outside of the work done for Victory Lane, she said, county staffers were routinely employed to perform political campaign work, including preparing fundraising mailers, solicitation letters, letters to residents, “reminder cards to vote on primary day, do me a favor cards.”

“Basically, Republican headquarters was not down in the Atrium [in downtown Troy],” Regan said.

“It was in the Rensselaer County Legislature.”

Mirch has denied the charges and accused Regan of being a disgruntled employee.

Status

The Albany district attorney’s office investigation is ongoing.

Threat Level: medium

Richard Crist

Republican legislative liaison

Alleged Crime(s)

Sexual harassment, and running a business out of the Rensselaer County legislative offices

Background

After losing her job with the Republicans in the Rensselaer County Legislature, Colleen Regan filed a formal complaint with the state Department of Human Rights.

In it, she claimed that she had been fired in retaliation for rebuffing the pervasive sexual advances of her superior, Crist.

Mirch and Rensselaer County Chairman Neil Kelleher immediately defended Crist, decrying the accusations.

Though Regan’s accusations of abuse didn’t stop with sexual impropriety.

In a following affidavit, she went on to detail allegations of election-year skullduggery, and misuse of city and county resources by Crist and Mirch.

These allegations attracted widespread attention, eventually leading to the appointment of Albany County District Attorney David Soares as special prosecutor.

In a second affidavit to Soares’ office, Regan outlined endemic abuses of Rensselaer County staff for political campaigns.

Further, she described how Crist, along with business partner Mirch, ran their campaign consultancy firm Victory Lanes, LLC, out of the offices of the Rensselaer County Legislature.

The two men, she deposed, were charging upwards of $5,000 a race to help candidates with their campaigns.

“I and my coworkers witnessed various candidates, which were running for an elected office,” Regan deposed, “frequently visit the legislature on a regular basis during their election campaign season to consult with Mr. Crist. . . ."

"These candidates were clients of Victory Lanes, LLC, and were seeking out Mr. Crist’s expertise regarding their election campaign strategy, while Mr. Crist was on the job at the county.”

She goes on to list 11 candidates, including Troy City Councilman Mark Wojcik, Nassau Supervisor Carol Sanford, and Troy City Council President Henry Bauer, who allegedly visited the Legislature building to take advantage of Victory Lanes’ services.

Crist has denied Regan’s allegations, telling Metroland that he looks “forward to speaking with the special prosecutor, to clear up these charges.”

Status

The Albany County district attorney’s office and Deptartment of Human Rights investigations are ongoing.

Threat Level: low

Thomas McTygue

Saratoga Springs comissioner of public works

Alleged Crime(s)

Ethical violations

Background

A 30-year incumbent as the commissioner of Public Works in Saratoga Springs, McTygue follows the legacy of his father, who also occupied the powerful position for a number of years.

Although a Democrat by registration, McTygue is an ally of Republican Majority Leader Joe Bruno (R-Brunswick) and has close ties to a number of wealthy Republican developers.

As DPW commissioner, McTygue has made friends with his beautification projects and enemies with his tenacious dogging of perceived enemies.

McTygue currently faces a Department of Environmental Conservation investigation into oil spills in the Department of Public Works garage that some workers say were scheduled to be covered up rather than cleaned up.

Reports suggest the investigations scope has widened to other areas including illegal dumping on the site of the cities planned recreation center.

Meanwhile, numerous sources inside and outside the DPW department carry the cards of several FBI agents who they claim have interviewed them regarding an investigation into McTygue.

They insist McTygue has gotten too close to developers during his long time in office and that he wields the DPW as a political tool.

McTygue denies the accusations and insists that talk of an FBI investigation has been manufactured by his political enemies and that the scope of the DEC investigation has been increased thanks to undue influence by the husband of his political nemesis, Saratoga Springs Mayor Valerie Keehn.

David Keehn works at the DEC.

McTygue repeatedly has faced down accusations that he does not actually reside in the city of Saratoga Springs, despite the fact that he openly admits that he lives on a farm outside of the city limits.

Status

The progress of the DEC ‘s investigation is not quite clear.

All that is for sure is that it is ongoing.

The status of any alleged FBI investigation is far from clear, as the FBI does not confirm or deny any investigation.

Threat Level: medium

Aaron Dare

Former head of the Urban League of Northeastern New York

Alleged Crime(s)

Real-estate fraud

Background

When Dare became president of the Urban League in 1996, he worked to shift the league’s focus onto real-estate ventures.

The most ambitious of these ventures was a $40 million commercial and residential complex, Gateway Commons, in Arbor Hill, ventured with capital from Housing and Urban Development and local banks, among others.

The largest tenant on the property was the National Finance Corporation (NFC), which was expected to bring hundreds of jobs to the inner city.

Dare was lauded as a hero by residents and elected officials.

However, in 1998, things begun to collapse as the league fell into heavy debt and NFC backed out of the deal, citing its own financial corruption.

In 2001, then-Attorney General Eliot Spitzer declared that Dare misdirected state and federal taxes and prohibited him from working in a financial or policymaking position in the state for 10 years.

Dare had created several real estate corporations—Emerge Real Properties, LLC; Emerge Construction; and Emerge Residential Historic Community I, II, and III—and he declared his intentions to restore historic and inner-city properties to create affordable housing.

Using $7.4 million in HUD funds, Dare bought inner-city properties in Albany and Schenectady and placed them under the management of convicted felon Robert Bove.

The properties fell into disrepair, and Dare ceased making mortgage payments.

In 2004, HUD foreclosed on the properties, forcing taxpayers to lose millions.

For two years, Dare was missing in action, until he reappeared in Albany, drinking $900 bottles of cognac with Kenneth Wilcox, a former Albany Police detective, who would go on to die in a car crash.

Dare worked with Wilcox and “others” to act as fake real-estate buyers.

He was arrested in 2006, and was released after pleading guilty in federal court to felony charges regarding fraudulent real-estate sales.

The state police arrested Dare on Aug. 1 for fraudulent real-estate practices in Albany’s South End, as well as for coercing appraisers into raising the value of decrepit properties.

Status

According to Albany District Attorney David Soares, Dare has been indicted on four felony counts for real-estate scams as of Sept. 12. of this year.

Prosecutors have expressed concern that Dare may be a flight risk, as he has money stashed in offshore accounts.

Federal sentencing is scheduled for this month.

Threat Level: high

http://www.metroland.net/features.html

"Senate questions Spitzer, NYRA over racing future"

By MICHAEL GORMLEY, Associated Press

Last updated: 5:04 p.m., Thursday, September 27, 2007

ALBANY -- Senators challenged the Spitzer administration Thursday on its recommendation that the New York Racing Association continue to run thoroughbred tracks for the next 30 years as part of an agreement to end NYRA's claim that it owns the tracks.

Republican senators echoed the concerns of NYRA's three competitors:

"They say NYRA was there and the fix is in," said Republican Sen. William Larkin.

"'How can (NYRA) keep losing money and expect us to have faith in you?'"

"That's what my members are saying," said Larkin, chairman of the Senate racing committee reviewing the franchise to run Aqueduct, Belmont and Saratoga thoroughbred tracks.

"For me, NYRA hasn't shown that it's fiscally responsible."

Republican senators also raised the possibility of trying to force the Democrat-led Assembly to relent on its opposition to video slot machines at Belmont Park, which could dramatically increase revenue to the state and Nassau County.

Another Senate hearing is scheduled for Monday near Belmont, weeks after county Legislature Presiding Officer Judy Jacobs said Spitzer "cut us off at the knees" by agreeing to put off any video slot machines at Belmont Park.

Spitzer said he supports putting the machines at Belmont, but knows Democratic Assembly Speaker Sheldon Silver refuses to approve it.

Larkin said another Senate hearing in October will question all the competitors.

NYRA has held the state franchise since 1955.

The last several years were marred by investigations of its management, including convictions of lower-level employees by Eliot Spitzer when he was attorney general.

But NYRA avoided a federal indictment in 2005 by adopting reforms under a new management, operating under many of the same board directors.

As for the land claim, even Spitzer has argued that NYRA's claim of owning the tracks wouldn't hold up in court.

But Spitzer officials told senators that it's better to avoid a lengthy lawsuit that could shut down racing for 2008.

"Racing in January in the state must not go dark," said Pat Foye, a top Spitzer economic development aide.

Although the land dispute was a big consideration, it was only one of several, and NYRA was chosen earlier this month from among four competitors primarily because it will best turn racing around, said Spitzer Budget Director Paul Francis.

"In the end, the choice was clear," Francis told the committee.

Spitzer officials also explained the perceived shortcomings of NYRA's competitors -- Excelsior Racing Associates, Empire Racing and Capital Play.

The critiques included a lack of racing experience in New York and greater interest in video slot machines than racing, a criticism disputed by the competitors.

Spitzer's recommendation to the Legislature includes $75 million from the state to bail NYRA out of bankruptcy court and pay off local taxes, $136 million in forgiven debt NYRA owes the state, and accountability measures.

In exchange, NYRA abandons its claim on the tracks worth as much as $2 billion.

The deal would follow a year in which the Legislature and the Republican Pataki administration provided $51 million to NYRA to meet its payroll and expenses.

Senators also noted the Spitzer administration is warning of a $3.6 billion budget gap in 2008-09 fiscal year.

"The question is: what are getting in return for this?" Larkin said.

He has called another committee hearing in October to compare all competitors' proposals.

Empire's Jeffrey Perlee said he never had a chance to pitch a plan for a 30-year franchise and called the rest of Spitzer's recommendation "questionable ..."

"It creates a smell."

Francis denied that, saying a franchise longer than 20 years was discussed with all the competitors, not just NYRA.

At one time Spitzer suggested the franchise could be shorter, to provide better accountability.

"We were told specifically the racing (franchise) could not be longer than 20 years," said Capital Play's Karl O'Farrell.

He also said racing wouldn't end even if NYRA sued the state over ownership of the tracks because, under law, another state racing committee would run racing with NYRA employees until the lawsuit was settled.

NYRA was created by the state to operate under the state franchise, which expires Dec. 31.

"NYRA ceases to exist at midnight Dec. 31 and the state owns the tracks," O'Farrell said.

"N.Y. governor, mayor feud over driver's licenses for aliens"

By BEN DOBBIN, Associated Press

Last updated: 4:52 p.m., Thursday, September 27, 2007

ROCHESTER, N.Y. -- Gov. Eliot Spitzer tore into New York City's mayor for lambasting the state's new driver's license policy for illegal aliens, calling it "legally wrong, morally wrong" for critics to say it will weaken national security and make it tougher for New Yorkers to fly.

Spitzer has been besieged by officials at all levels recently over his plan to allow illegal immigrants with valid foreign passports to get driver's licenses.

Many local county clerks are incensed over the policy.

One has already pledged not to follow it.

"Many of us think the whole idea is crazy and ill-fated," said Rensselaer County Clerk Frank Merola.

"I myself will not process any driver's license renewal or driver's license verification for someone who cannot prove legal status."

The Democratic governor's decision comes as the Department of Homeland Security is pushing all 50 states to tighten their identification standards.

Merola said Spitzer's approach "is going just the opposite way" as the federal government.

DHS has been working with New York's neighbor Vermont, as well as Arizona, Washington and Michigan, to toughen driver's license standards in order to comply with new border security rules.

New York's policy starts in December but is already under fire from New York City Mayor Michael Bloomberg, a pro-immigration politician who said the change could lead to the state's licenses not being acceptable proof of identification for air travel.

Bloomberg said Wednesday that the city's lawyer "does believe that in fact this would make New York's state driver's licenses ineligible to be used to get on an airplane."

"People would need other form of identification, generally a passport, and that would be a very big problem."

"I'm really skeptical that we should be issuing driver's licenses willy-nilly," he added Thursday, "because it then leads to lots of other problems in terms of voter registration and other things."

"But it's the governor's call."

The governor struck back at Bloomberg during a visit to an elementary school in Rochester.

"He is wrong at every level -- dead wrong, factually wrong, legally wrong, morally wrong, ethically wrong," he said.

Under the new state policy, immigrants -- regardless of their status -- will be permitted to provide a current, verifiable foreign passport in applying for a license.

Similar policies have been adopted in Utah, New Mexico and other states.

New York officials say the policy shift is geared toward enhanced security, safer streets and a reduction in insurance premiums for all New York drivers by an anticipated $120 million a year.

Michael Balboni, New York's homeland security chief, said the new system actually improves security because it creates public records that police and others can use to ensure true identities.

Allowing illegal immigrants to get driver's licenses would cut directly against a major anti-terror goal of the Bush administration to beef up ID standards -- unless states were to issue one sort of license for U.S. citizens and another for illegal immigrants.

The debate over standards for New York driver's licenses comes amid a long-running dispute between the state and the federal government about new rules requiring passports or equivalent federal identification for all land and sea border crossings next year.

That requirement, which Congress passed as a security measure after the Sept. 11 terrorist attacks, worries those along the U.S.-Canada border where families frequently cross the border to shop, socialize, or play sports.

Many complain the rule will be prohibitively expensive for families that have to pay $100 per passport.

Russ Knocke, a DHS spokesman, said the agency has been talking to New York officials about new federal ID standards due to be announced soon for state-issued drivers licenses.

"There is a known vulnerability in state-issued driver's licenses today and shame on us if we don't fix that vulnerability," Knocke said.

"Anything that would complicate the enforcement of our immigration laws would be concerning, and anything that would frustrate efforts for more secure identification would be troubling."

------

Associated Press Writers Sara Kugler in New York and Devlin Barrett in Washington contributed to this report.

"From 'Day One' to damage control - Spitzer took reins as reformer, but controversies show few signs of abating"

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

First published: Sunday, September 30, 2007

ALBANY -- Gov. Eliot Spitzer can't seem to shake the controversy and political attacks coming at him from Republicans these days.

Two weeks ago, after being beat up in the press for much of the summer over the Troopergate scandal, Spitzer was taking some solace from the second report to find no laws had been broken when his aides gathered travel information on Senate Majority Leader Joseph L. Bruno.

Then he announced a new plan to make it easier for people to get driver's licenses.

Republican lawmakers realized the move would allow illegal immigrants to get licenses, too.

They pounced and Spitzer, a freshman Democratic governor, had yet another crisis on his hands.

Republican county clerks, including those in Rensselaer and Saratoga counties, said they wouldn't process the new license applications.

Assembly Republicans said they would sue Spitzer if he didn't rescind the policy.

Not that Spitzer is helping matters.

The media continue to seize on any display of temper, whether it's a quip to "get a life" to a persistent reporter asking Troopergate questions, or a dressing down of New York City Mayor Michael Bloomberg for opposing the driver's license change.

And this is just the first nine months of Spitzer's term, leaving one to wonder if the fighting will ever end.

Don't look for a truce this week -- or this month -- for a couple of reasons.

For one thing, Spitzer will likely catch more grief Monday, when his aides are scheduled to appear on Long Island before Senate Republicans, who for the second time in as many weeks will question the governor's plan to let the embattled New York Racing Association continue to operate the Saratoga, Aqueduct and Belmont race tracks for another three decades.

Long Island lawmakers have complained they've been left out of the NYRA discussion even though Belmont is in Nassau County.

Long Island pols may also feel compelled to voice concerns of their constituents, for whom illegal immigration is a "red meat" issue, said Robert Pecorella, a political science professor at St. John's University.

Hostilities may really come to a head on Oct. 22 when the Legislature is tentatively scheduled to go back in session.

Lawmakers could take up a variety of issues, ranging from campaign finance reform to changes in laws governing public construction projects and senior citizen property tax breaks, to the hundreds of millions of dollars that Bruno wants for upstate economic development.

"We hope that those will all be tackled," said Spitzer spokeswoman Christine Anderson.

But if Troopergate and the driver's license battle are still raging, and if the governor says there isn't as much economic development money available due to trouble on Wall Street, the session could turn into an opportunity for Republicans to bash Spitzer before local elections in November.

"The alien driver's license is proving to be a very popular issue among local Republican politicians," said Jack Cookfair, a Syracuse Republican strategist.

"For people running for local offices, he's handed them a golden issue."

Anderson says her boss is simply fulfilling campaign promises (Spitzer early on said he would ease Pataki-era restrictions on getting licenses).

"The governor came into office saying he would make the hard choices, and doing so often means that people don't agree with what you are pushing," she said.

From that standpoint, Spitzer could be fulfilling the more controversial promises, like the licensing matter, first, figuring that voters may forget about it, and Troopergate, by 2010.

"That would be the kind of thing I would like to get out of the way early in my term, too," Cookfair said of the driver's license issue.

"It's clear that their strategy is going to be to weather the storm," said Ben Healey, spokesman for the Working Families Party, which has been supportive of the governor.

Pecorella agreed, saying that Spitzer could be hewing to a long-term strategy.

Consider this: Despite the tumult around him, Spitzer has quietly forged ahead with plans to try to get the Senate, which Republicans hold by a 33-29 seat margin, into Democratic hands in 2008.

During the last few weeks, he's talked with former Syracuse University and Atlanta Falcons football star, lawyer, author and TV host Tim Green about challenging Republican Sen. John DeFrancisco in the Syracuse area.

And observers have noted that one Republican senator, John Bonacic of Mt. Hope, appeared last month at a Spitzer fundraiser, leading to speculation that the governor would try to get him to switch parties.

Additionally, pollsters are said to be hard at work in the Rochester area where another potentially vulnerable Republican, Joe Robach, who used to be a Democrat, may face a heavy challenge.

It could be the Spitzer camp has decided to push ahead without worrying about how he's perceived, at least for now.

Pecorella said former New York City mayor and presidential candidate Rudy Giuliani successfully embraced that strategy.

"He would get beat up in the press, but achieved what he wanted," Pecorella said of the former mayor.

"It may be that Spitzer just doesn't give a damn that he's getting bad press."

"His re-election isn't for three and a half years."

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

THE NEW YORK SUN

"Filling in the Gaps"

By JACOB GERSHMAN

October 1, 2007

Of all the feedback that Albany County's district attorney, David Soares, has gotten in response to his September 21 Troopergate report, the most telling assessment came from Governor Spitzer.

"David Soares stands for probity, stands for thoroughness, stands for not flinching," the governor reportedly said.

The report issued by Mr. Soares could be called a lot of things, but "thorough" and "not flinching" are not the first words that come to mind.

The Soares report is essentially a collection of interview summaries followed by a conclusion that the governor's office did not break any laws in its gathering of police records related to Senate Joseph Bruno's use of state aircraft and security escorts.

The report makes almost no attempt to analyze the interviews with the governor and his aides, untangle their contradictions, or resolve crucial unanswered questions.

Mr. Soares said his job wasn't to examine inconsistencies.

Certainly, voters who elected him expected something more than a regurgitation of interviews in the style of a high-school book report.

For Troopergate cognoscenti, the value of the Soares report is what was not asked and what was not told.

In this case, the journalistic lodestar, "Follow the money," becomes "Follow the gaps."

The most important missing element concerns the question of whether the governor was involved in the debate within the executive chamber over how to best publicize the fact that Mr. Bruno was using state aircraft to travel to political events.

The Soares report allows the governor to say what he did and did not know and what he did and did not do.

Mr. Spitzer says he "recalled a conversation" in May with his communications director, Darren Dopp, in which he was told about Mr. Bruno's questionable use of state aircraft.

The governor said he told Mr. Dopp to drop the matter, calling it a "distraction.

The "law was so porous," Mr. Spitzer told Mr. Dopp, that Mr. Bruno probably didn't do anything illegal, according to the report.

The governor told Mr. Soares's office that he didn't recall seeing a May 17 draft press statement prepared by Mr. Dopp that was to announce that the administration was examining Mr. Bruno's use of aircraft.

Mr. Spitzer, however,"surmised" that the release "may have been the basis for this conversation" with Mr. Dopp.

Mr. Spitzer said he "did not direct the gathering of any documents" nor did he direct the "release of any documents at any time to the media concerning Senator Bruno's use of state transportation," the report said.

What's curious is that Mr. Soares allowed the governor's comments to his office stand unquestioned.

There is no evidence in the report that Mr. Soares sought to verify any of the governor's claims by conducting follow-up interviews his top aide, Richard Baum, and Mr. Dopp, or by interviewing the governor's counsel, David Nocenti, and policy director, Peter Pope, who also were aware of the proposed release.

In other words, Mr. Soares apparently never thought to ask the governor's aides what role Mr. Spitzer played in the decision to bury the proposed release or whether the governor participated in discussions about what to do with the travel records after the executive chamber concluded that airing them in a press release was not the wisest move.

On May 23, Mr. Dopp e-mailed Mr. Baum informing him of existence travel records for Mr. Bruno's prior trips to New York City from Albany.

The e-mail concludes with the line: "Also, I think there is a new and different way to proceed re media."

"Will explain tomorrow."

Mr. Dopp told Mr. Soares's office that the strategy he was talking about was referring the Bruno matter to the State Inspector General.

Mr. Baum insists Mr. Dopp was referring to something else altogether.

In a July interview with The New York Sun, Mr. Baum said: "I think what he was referring to was right around then we were having these leaders meetings."

"I was frustrated at the coverage of it."

"You all covered it like it was, you know, guys throwing stones rather than a debate about issues, and we were talking about a way to clarify what's at stake."

"He and I had sort of a — around the time of the meeting — had a running dialogue of how to make things clearer to you all."

"... I think that's what he was referring to because that's the only thing that I remember that would fit with that at that time."

Mr. Baum apparently did not remember that just a week before Mr. Dopp e-mailed him, he and Mr. Nocenti agreed to abort the press release because they "didn't believe there was sufficient evidence that Senator Bruno was violating any law."

So to what was Mr. Dopp referring to when he said "different way"?

Here's one working theory: The Spitzer administration, having concluded that Mr. Bruno had probably not broken the law, decided that rather than alert any investigative authority about Mr. Bruno's use of state aircraft and take responsibility for its claims against the Senate leader, the smartest move was to accumulate the records from the police and hand off the hot potato to the Times Union.

"According to Dopp," the Soares report states, "there was a series of conversations that took place within the Executive Chamber following the proposed press release."

If the State Ethics Commission has an interest in getting to the bottom of this story, it would be wise to ask: Who took part in those conversations and what was decided?

http://www.nysun.com/article/63707?page_no=1

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Comment by Mike: #54 (John):

That’s a good one, buddy!

Whaddya suspect–heavy metals or toxic chemicals?

benzene?

JOHN GALT RESPONDS: PCB’s Mike ….

Out near Nassau Lake …

Cleaning fluids ….

Road salt ….

In other parts of the county ….

Rensselaer County is home to the famous Storonske Cooperage pollution case down in former-REPUBLICAN Rensselaer County Executive John L. Buono’s home town of Schodack, New York, which town was also home to REPUBLICAN BIG BOSS Bill Powers back in that same period of time, which was circa 1986 …

Storonske cooperage became overnight famous when Capitaland Magazine, now-defunct, wrote a critical story in early-1988, April, maybe, entitled “Don’t Drink The Water” about the mis-handling of the Storonske Cooperage groundwater contamination in Schodack by the NYS DEC and the corrupt Rensselaer County Department of Health …

Essentially, the NYS DEC was protecting Storonske, and its own “feasance” in the problem, by not telling anyone in the area, including a pregnant mother, that they were drinking highly-contaminated water ….

And the Rensselaer County Department of Health was complicit in this deceit ….

A baby with severe birth defects was born, and eventually the **** hit the fan when it was learned about the chemical contamination …

That was a very good expose in Capitalland magazine ……

The last of its kind that we ever saw up here ….

As I understood it, the author and the magazine both caught hell from politicians and “business” for publishing that story ….

And there never was another like it since …

Copies of that story must still be around in some library, I would hope ….

I had a copy, but my copy unfortunately was destroyed ….

It was the embarassment caused Buono in his own home town by that story in Capitaland magazine entitled “Don’t Drink The Water” coupled with the state aid funds for the environmental health programs of the corrupt Rensselaer County Department of Health from the NYS Health Department being cut off for corruption in its environmental health programs that led to the hiring of the engineer Paul R. Plante, P.E. by Rensselaer County as its Associate Public Health Engineer “to restore integrity” to the environmental health programs of the corrupt Rensselaer County department of Health ….

And Plante’s attempts to end the corruption in the Rensselaer County Department of Health environmental health program which was responsible for this type of groundwater contamination in Rensselaer County ended with his disabling due to complications of a back-hoe assault on him in the summer of 1988 ...

And from there to here, Mike, is an unbroken trail ….

Except now, it is all these years later …

So the price is now much bigger to pay …

Than it would have been if Plante had not been assaulted on the job …

And nearly decapitated ….

Which caused the decline in his health that caused him to be disabled ….

On October 12, 1988 …

And so …

A small world, isn’t it, Mike?

And so ….

Comment by John Galt — September 30, 2007 @ 4:35 pm

http://blogs.timesunion.com/capitol/?p=5519#comments

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And that back-hoe assault on Plante in the summer of 1988, Mike, coupled with his failed efforts to end corruption in the environmental health programs of the corrupt Rensselaer County Department of Health led directly to this July 7, 1993 article by the TU’s own Fred LeBrun entitled “Ex-health engineer wins one”, wherein the knowledgeable Fred LeBrun has this to say about why Plante failed so utterly and totally to clean corruption out of the environmental health programs of the Rensselaer County Department of Health, to wit:

It’s been four years since Paul R. Plante of Averill Park, civil engineer and Vietnam War veteran, was fired as Rensselaer County’s environmental health engineer.

But given Paul’s fiery intensity and dog-on-a-bone persistence, it isn’t surprising that four years might as well have been 40 minutes.

His firing remains a hot issue for him.

It rankles, and goads him.

He’s a tormented man, as convinced today as he was four years ago that the county did him wrong.

Paul was dumped for insubordination by his boss in the health department, Ken Van Praag.

Ken has since retired.

Officially, Paul was terminated for talking directly to the media after he’d been told to route through his boss his brutally candid observations concerning the competence and motivations of those around him, and the public with which he dealt.

Unofficially, what got Paul bounced was his hard-headed, uncompromising view of his official duties.

A vision not always shared by others in the county health department, or few others on the planet for that matter.

As the environmental officer, his signature was needed for projects large and small.

He had the hammer, and he used it.

I know of one major developer who lost everything trying to meet Paul Plante’s conditions.

I’m not really questioning Paul’s motives.

I think he was at one with nature, a man who felt a mission to bring the severest scrutiny to anyone who set a spade in Rensselaer County’s sacred soil.

Such fiery devotion was perhaps a first for the county, and maybe a last, and certainly created a lot of confusion.

At any rate, he had to go and did.

Given Paul Plante’s behavior at the time, it seemed reasonable to assume that once he dropped out of the limelight, he would disappear, no matter how many lawsuits he filed for redress.

He filed several, in state and federal courts, so far with little success.

Until now.

Last week, after a long hearing before a Workers’ Compensation Board administrative law judge in Menands, Paul was awarded $30,000 and $150 a week as long as he remains unemployed.

He argued successfully that post-traumatic stress disorder, from which he suffers as a result of combat duty in Vietnam, was aggravated by his county job.

What clinched it, apparently, was that psychiatrists for both Paul and the county agreed that what he claimed was true: he was destabilized by his county employment.

The county will not appeal.

“I’ve been reduced to an abject physical and mental condition as a result of working for Rensselaer County,” Paul said after the compensation award was announced.

He’s been unable to work since he was fired.

Workers’ Compensation cases often are nutty and offer a strange circular logic peculiar to this twig of the law.

This one is no exception.

According to County Executive John Buono, Paul never mentioned a medical condition or any stress-related restrictions when he actively sought employment with the county.

The county contended it can be accused of many things, but Vietnam is not one of them.

Therefore, Paul must have had a pre-existing condition, which ought to have let the county off the hook.

Instead, if Paul doesn’t work again, he’ll receive $150 a week for flunking out of a job because he couldn’t handle the stress.

It does seem odd to me.

I know they call these Workers’ Compensation heatrings, not employer compensation.

But I think it’s worth pointing out that the taxpayers of Rensselaer County are the ultimate employer here, and wouldn’t a number of them like to sue somebody for the stress incurred by the yearly tax bill.

Technically, none of this has anything to do with his being fired.

So far, the state courts have affirmed the county followed the rules in that regard.

But a $4 million civil rights case still looms in the distance like a huge cash cow over in federal court.

Paul contends his firing was retaliatory and deprived him of his right to free speech, a constitutional right, of course.

Who can guess what effect the comp case will have on the constitutional one.

Presumably, little.

But then, we’ve been surprised once already.

Comment by John Galt — September 30, 2007 @ 4:55 pm

http://blogs.timesunion.com/capitol/?p=5519#comments

"Senate panel demands Spitzer e-mails, threatens subpoenas"

By MICHAEL GORMLEY, Associated Press

Last updated: 7:42 p.m., Friday, September 28, 2007

ALBANY -- A Senate committee on Friday said it will demand e-mails and other documents from within the Spitzer administration under threat of subpoena in its probe of a political scandal.

If the Democratic Spitzer administration doesn't provide the documents revealing how two aides compiled travel data through the State Police that could embarrass Senate Republican leader Joseph Bruno, the Senate investigations committee will issue subpoenas, said Republican Sen. George Winner of Elmira.

Spitzer spokesman Jeffrey Gordon wouldn't say if the administration will risk the subpoena threat.

He said Friday the committee has not yet requested specific documents from the administration.

"This matter has already been the subject of completed investigations by the attorney general, the inspector general and the Albany district attorney, all of whom received extensive documentary evidence and found that there was no illegal conduct," Gordon said.

He said the administration will continue to be "fully cooperative" with the probe by the Public Integrity Commission, which include bipartisan membership in a board whose majority is appointed by Spitzer.

"Rather than continue to waste taxpayer dollars on a duplicative and partisan inquiry, the Senate should start focusing on things that matter to New Yorkers, like improving health care and revitalizing the State's economy," Gordon said.

Albany County District Attorney David Soares a week ago found no crime had been committed and found no evidence of a plot to smear Bruno.

None of the probes completed so far used subpoenas to compel testimony or the production of records.

"Several of the witnesses that have appeared at the committee's hearings have not been cooperative or forthcoming with information and some have even refused to attend, hindering our efforts to develop effective legislation," said Winner, the committee's chairman.

He cited a July investigative report by Democratic Attorney General Andrew Cuomo that found two Spitzer aides acted improperly to release embarrassing travel data about Bruno to a reporter.

The committee's stated purpose is to gather testimony and data to guide the writing of legislative proposals.

But Democratic senators on the committee have said Winner and Republicans simply want to perpetuate the scandal.

Democratic Sen. Thomas Duane of New York City said the committee is restricted in its use of subpoenas to data and testimony directly related to legislation.

On Monday the committee voted to subpoena the head of the State Police if he again refuses to voluntarily answer questions.

"Feud over driver's licenses for aliens continues"

By VALERIE BAUMAN, Associated Press

Last updated: 7:12 p.m., Friday, September 28, 2007

ALBANY -- Republican Assembly leader James Tedisco said Osama bin Laden is likely popping champagne over Gov. Eliot Spitzer's new plan to allow illegal immigrants to get New York driver's licenses.

Tedisco, joined by other Republican Assemblymen, said Republicans would sue if Spitzer and the Department of Motor Vehicles don't rescind the proposal by Oct. 31.

He said Spitzer violated a state law in his policy.

Spitzer spokeswoman Christine Anderson said the legal threat was baseless.

"New York law gives the DMV commissioner broad discretionary powers to determine what documents are required to prove a license applicant's identity," Anderson said.

New York's highest court has upheld the DMV commissioner's authority to administratively change those requirements, without new legislation, which permits him to change the DMV policy imposed during the Pataki era, she said.

Spitzer announced his plan last week and said it would bring "people out of the shadows" of American society when it goes into effect in December.

Similar policies have been adopted in Utah, New Mexico and other states.

Republicans said Friday that giving licenses to illegal immigrants would threaten the state's security, allow for voter fraud and inconvenience the citizens of New York.

Tedisco plans to introduce legislation next month that would make it a requirement for anyone applying for a license to have a Social Security number or proof of eligibility.

The measure would also make it a misdemeanor to falsely apply for U.S. citizenship or a Social Security number.

Republican Senate Majority Leader Joseph Bruno announced Friday that the chamber will act on similar legislation next month.

Meanwhile, Democrats gathered in New York City to show their support for the governor, saying his policy would improve the safety of New York's roads and provides long-deserved rights to immigrants.

"The question of driving a car should be judged by skill, age, lack of incapacities -- whether it's vision or some other incapacity -- and that should be it," said Assemblyman Peter Rivera, a Bronx Democrat.

"It should not be based on citizenship."

Some county clerks -- who have the authority to approve licenses -- have opposed Spitzer's policy.

Saratoga County Clerk Kathleen Marchione, president of the state association of county clerks, said at least "four or five" clerks have expressed concern with the policy.

Rensselaer County Clerk Frank Merola has maintained that his county will never issue driver's licenses or identification to people who can't prove their legal status.

Assembly Republicans argued that providing licenses to illegal immigrants would make it easier for terrorists to slide through the cracks of state law undetected.

Tedisco said giving illegal immigrants a driver's license will allow them to vote.

New York state law requires voters to be a U.S. citizen.

Republicans, including New York Mayor Michael Bloomberg, said the policy could make state driver's licenses ineligible for boarding an airplane because they would no longer be evidence of citizenship.

New York has between 500,000 and 1 million undocumented immigrants, many of whom are driving without a license and car insurance or with fake driver's licenses, Spitzer has said.

The Democratic governor's decision comes as the Department of Homeland Security is pushing all 50 states to tighten their identification standards.

New York officials say the policy shift is geared toward enhanced security, safer streets and a reduction in insurance premiums for all New York drivers by an anticipated $120 million a year.

"Spitzer slams GOP politics of `fear and selfishness'"

By MICHAEL GORMLEY, Associated Press

Last updated: 4:14 p.m., Tuesday, October 2, 2007

ALBANY -- Democratic Gov. Eliot Spitzer blasted Republicans for "politics of fear and selfishness" in opposing his plans to allow illegal immigrants to get New York driver's licenses and to provide health insurance to all children.

"What has happened is that the politics of fear and selfishness has replaced the politics of common sense and responsibility," Spitzer said at Fordham University Tuesday.

"We are witnessing knee-jerk reactions to sound policies that have no business being politicized or polluted by fear-mongering rhetoric."

Spitzer was responding to Republican Assembly leader James Tedisco, who said Spitzer's license plan in particular will be welcomed by Osama bin Laden.

Some Senate Republicans also said the plan will lead to another Sept. 11, 2001, attack.

Spitzer would allow undocumented immigrants to get driver's licenses, which he says will improve public security by creating records for more immigrants.

He would also add what he calls anti-fraud measures to the process.

Republican Senate spokesman Mark Hansen called Spitzer arrogant.

"Gov. Spitzer is putting the safety of New Yorkers in jeopardy through his arrogance and another abuse of government power by ignoring the law and bulling ahead with bad policy despite opposition by most New Yorkers and elected officials at all levels of government," Hansen said.

"He can't defend his policy so he is attacking his critics."

"This is not a partisan issue, it's a protection issue," Tedisco said.

"This is one man in a room with the far-left liberal special interests."

"My message to the governor is clear: You have 29 days to change your misguided policy or I will see you in court."

Spitzer also said another senator used the fear of socialism to criticize the plan to provide health insurance -- through private carriers -- for all New York children.

But most of Spitzer's comments were aimed at Republicans who oppose his driver's license plan for immigrants.

"What we are not going to accept is hysterical rhetoric that preys upon the public's fears," Spitzer said.

"Over the past six-and-a-half years, this type of politics has dragged our country down."

"People are sick of it ..."

"Let's rise above the rhetoric and press forward with a positive, reality based agenda for change."

Spitzer said he is working with New York City Mayor Michael Bloomberg over his concerns.

"We'll just have to work it out," Bloomberg said.

"He's the one that makes this decision and he doesn't tell me how to run the city and I don't tell him how to run the state."

Spitzer said New York has up to 1 million undocumented immigrants, many driving without licenses.

His plan comes as the U.S. Department of Homeland Security wants tighten identification standards.

------

Associated Press Writer Sara Kugler in New York City contributed to this report.

"Building sales bust linked to tax hike - Niskayuna cites slowdown in new home construction for boost"

By JIMMY VIELKIND and PAUL NELSON, Staff writers, Albany, New York Times Union

First published: Thursday, October 4, 2007

NISKAYUNA -- A projected slowdown of sales and mortgage tax revenues in this nearly built-out town will translate into a tax rate increase of 11.4 percent in the $12.48 million budget.

Town Supervisor Luke Smith said he was "terribly disappointed" at the 11.4 percent increase in the tentative budget.

The tax levy, or amount to be raised by taxes, is $5.85 million, up $408,000, Smith said.

Under the proposed tax hike, the local tax rate would jump from $3.55 to $3.96 per $1,000 of assessed valuation.

For a home assessed at $135,000, that will mean $55.30 more in property taxes, Smith said.

The increases are necessary to pay for more than $350,000 in projects financed by bonds in the last two years, Comptroller Paul Sebesta said.

Those include a total of $206,000 in mandated drainage projects, $61,000 in building improvements to Town Hall and the Community Center and a $100,000 repaving of the bike path.

"This is the first year of the principal payment on those bonds," Sebesta said.

"This stuff is all rolling into the debt schedule now."

Smith said the rising cost of health care, health insurance and contractually mandated raises for city employees were also major contributors to rising costs.

"It's pretty much a no-growth budget except for those increased costs," Smith said.

"Those things are costs that I couldn't cut."

"You either have to cut services or increase taxes."

Smith said he will conduct sessions with the Town Board next week.

A public hearing will be Tuesday, Oct. 23, and the board will vote on the final budget on Tuesday, Nov. 13.

In Glenville, Supervisor Frank X. Quinn presented a "goofy," "shock and awe budget" Wednesday night that would increase spending 16.1 percent to $12.4 million.

Assuming a slight decline in mortgage and sales tax revenues, as in Niskayuna, Quinn's tentative budget calls for a 68 percent property tax increase.

The reason, Quinn said, was to submit to the board the total desires of various department heads and show that a "shockingly high" tax increase would be needed to move forward without serious cuts.

He hopes to bring department heads and other board members to the table to make necessary cuts.

"I've gotta get the Town Board and the town departments all to understand what is the financial situation: it's not bad, but it's not good," Quinn said.

"We've got to make cuts."

"I want this board as well as the department heads to join me."

"We may have to lay off people, and I want them to know the whole financial situation before we get there."

He said he hopes to propose a budget with only a 3 percent tax increase in coming weeks.

A public hearing is scheduled for Wednesday, Nov. 7, and the budget must be in place by Tuesday, Nov. 20, Quinn said.

Vielkind can be reached at 454-5043 or by e-mail at jvielkind@timesunion.com.

"Faculty fights RPI Senate's dissolution - Board of trustees voted to dismantle elected body to prevent interference in governance review"

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

First published: Friday, September 28, 2007

TROY -- Rensselaer Polytechnic Institute professors have overwhelmingly approved a resolution calling for reinstatement of the dismantled faculty Senate.

The board of trustees suspended the elected Senate, a step that Provost Robert Palazzo said he recommended to prevent it from meddling in an ongoing governance review.

Opponents argue that something else factored into the decision: displeasure over the election to the Senate of Bruce Nauman, a longtime critic of President Shirley Ann Jackson.

Faculty members voted 200-21 this week for the Senate's reinstatement.

The number eligible to vote was 359.

Some have broached the possibility of organizing a vote of no confidence in the administration if it ignores the referendum results.

Larry Kagan, president of the deposed Senate, downplayed that option Thursday.

"I think that votes of no confidence don't get anybody anywhere," said Kagan, a sculptor and professor of art.

"They create more turmoil than is really needed."

The faculty came within six votes of declaring no confidence in Jackson in 2006.

William N. Walker, RPI's vice president for strategic communications and external relations, reacted to this week's vote with the following statement:

"The information from this unofficial faculty referendum will be discussed with the academic leadership of Rensselaer and shared with the Faculty Governance Review Committee."

" ... Meanwhile, we are continuing under a Board of Trustees resolution that approved the establishment of the transitional faculty governance structure, including a temporary suspension of the Faculty Senate," he said.

One outside group, the American Association of University Professors, has criticized administrators for that approach.

The group, whose mission is to advance academic freedom and shared governance, sent a five-page letter to Jackson and Samuel Heffner, chairman of RPI's board of trustees, recommending reinstatement of the Senate.

"We find it troubling that the administration appears to believe that the faculty cannot be trusted to govern itself or to maintain the best interests of the entire institution in making decisions in those areas designated as coming within the faculty's purview," the letter said.

RPI's general counsel, Charles Carletta, faulted the association for failing to get the perspective of administrators before writing the letter.

He also stressed that the institute does value cooperation between its board, administration and faculty.

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

THE NEW YORK DAILY NEWS

Michael Goodwin

"Gov's silence speaks volumes"

Wednesday, October 3rd 2007, 4:00 AM

Nearly two years ago, Business 2.0 magazine asked successful people what philosophy they followed in life and work.

Warren Buffett, the modest genius of investing, answered: "When you get out of bed in the morning and think about what you want to do that day, ask yourself whether you'd like others to read about it on the front page of tomorrow's newspaper."

"You'll probably do things a little differently if you keep that in mind."

Mark Cuban, owner of the Dallas Mavericks, said: "Treat your customers like they own you, because they do."

Mogul Carl Icahn answered: "Don't confuse luck with skill when judging others, and especially when judging yourself."

Then came Eliot Spitzer, then New York's high-flying attorney general.

Said the brash Sheriff of Wall Street:

"Never write when you can talk."

"Never talk when you can nod."

"And never put anything in an e-mail."

The wiseguy response came to mind yesterday when the latest poll on Gov. Spitzer was released.

Ten weeks since the "Eliot Mess" scandal broke, Spitzer's omerta rule might explain why an astounding 78% of New York voters still want him to testify under oath about what he knew, a clear indication they doubt he has been honest.

A solid majority - 56% - think Spitzer knew all about the dirty tricks plot before his aides sprung it.

That's the bad news.

The good news?

There isn't any.

Not even the finding by the Quinnipiac University Polling Institute that Spitzer's approval rating, at 47%, has stopped falling helps him.

Since July, his disapproval rating has climbed by 6 percentage points, to 34%.

He is losing his mandate to govern.

The findings are all the more devastating because they are consistent with other polls since the July 23 report by Attorney General Andrew Cuomo blew the whistle on the plot.

It means the public has not budged despite Spitzer's schemes to change the subject.

Even his latest gambit, to buy support among liberal groups with a host of giveaways and nest-featherings, such as giving driver's licenses to illegal immigrants, has failed.

It is a shocking fall from grace, yet Spitzer has taken the pounding without seriously contesting the suspicion he is lying.

He made early professions of contrition and has tried intimidation, but has chosen not to end the saga in the one clear way open to him: Give the public the sworn testimony it wants.

His failure to put to rest a story staining his reputation and derailing his administration suggests only two possible reasons.

He'll be seriously embarrassed by what an oath would force him to admit.

Or, he is hiding something worse and will never keep his promise to testify to the Ethics Commission because either telling the truth or lying ultimately could mean an indictment.

Whatever his motive, investigators would do well to focus on one area that reeks of suspicion - Spitzer's actions in the days just before Cuomo's report was released.

My reporting shows that it was immediately after Cuomo's team got crucial e-mails from two top Spitzer aides laying out the plot that Spitzer's office blocked testimony from those aides, Darren Dopp and Richard Baum.

That conduct suggests the governor, who, in an interview with the Daily News Editorial Board on July 26, referred to "a briefing I got" from "the team in my office that had done our investigation," knew what evidence Cuomo had and acted to stop him from getting any closer to the truth.

Spitzer's role in blocking that testimony and his reasons need to be explored under oath.

And that includes revealing all his e-mails.

After all, Spitzer is a BlackBerry addict and it's possible the man who boasted he "never put anything in an e-mail" might have slipped up once or twice.

It happens in the best of Families.

mgoodwin@nydailynews.com

http://www.nydailynews.com/opinions/2007/1...ks_volumes.html

THE NEW YORK DAILY NEWS

Michael Goodwin

"Cornered by Troopergate, Spitzer is showing his desperation"

Sunday, September 30th 2007, 4:00 AM

Soon after the July 23 report from Attorney General Andrew Cuomo revealed the "Troopergate" dirty tricks scandal, a political operative wise in the ways of Albany made a prediction: Gov. Spitzer would make a sharp left turn to try to save his skin.

"He'll pander to all the liberal interest groups and hope they'll protect him," the wise man told me.

Buy that man a beer.

Two months later, the prediction has come true.

The governor who took office vowing to clean up Albany has lost so much public support that he is reduced to feathering the nest of the unions and other liberals.

Surrounded by enemies real and imagined, Spitzer is on a binge, buying friends and supporters at the expense of everyone else.

Good government, law enforcement and fiscal responsibility be damned.

This is "Survivor: Albany."

In the last week alone, Spitzer said New York would provide driver's licenses to illegal immigrants with passports, he ended requirements for interviews and fingerprints to get food stamps and also plans to sue Washington over its denial of his plan to expand a health insurance program to cover children whose families earn up to $82,600.

Spitzer also wants to hike the hotel tax again to build a more expensive Javits Convention Center, an idea favored by unions.

Another test will come as early as next week when the Transport Workers Union asks a court to restore its dues-checkoff rights, suspended as a penalty for the illegal 2005 transit strike.

If Spitzer supports the union, he will be guilty of betraying the riding public.

It is a sign of Spitzer's desperation that he even bit the hand of the one pol who has been nice to him lately.

Mayor Bloomberg, who threw Spitzer a life raft by appearing with him several times in recent weeks, was on the receiving end of a blistering attack because he dared dissent on the driver's license issue.

"I'm really skeptical that we should be issuing driver's licenses willy-nilly because it then leads to lots of other problems," Bloomberg said.

It didn't matter that he went on to defer, adding "But it's the governor's call."

The line had been crossed.

Making like a Roman candle, Spitzer gave Bloomy the "f------ Steamroller!" treatment, saying: "He is wrong at every level — dead wrong, factually wrong, legally wrong, morally wrong, ethically wrong."

So much for the new "humility" Spitzer promised.

And it also revealed sloppy staff work.

Bloomberg had opposed a similar idea in the City Council, so it shouldn't have been a surprise when Bloomberg balked.

But Spitzer was so clueless he actually invited Bloomy to the announcement of the plan.

Duh.

And for Spitzer to call the incorruptible Bloomberg "ethically wrong" takes some gall.

Then again, a drowning man can't be too choosy about friends or enemies.

Spitzer is reading the same polls we all are — up to 70% of the public doesn't believe he's telling the truth about his role in the bid to smear Sen. Majority Leader Joe Bruno.

He needs help now.

But his way of going about getting it is yet another mistake in judgment.

Just as he turned the dirty tricks scandal into a never-ending story by making misleading statements about his role, saying he had "fully cooperated" when he had blocked his aides from testifying, he is boxing himself in long-term with expensive short-term gambits.

With the economy slowing down, already-rocky state finances are likely to be stretched, meaning higher taxes or spending cuts will be needed.

Neither will help the economy or his sagging poll numbers.

Special-interest group politics is, of course, a way of life in Albany.

But such narrow-casting can keep you afloat only so long.

Ultimately, a broad base of support is necessary to be a transformative leader and that is possible only when you are personally trusted by the public.

For Spitzer, there is only one way to get to that end: he must come clean about what he knew and what he did on "Troopergate."

All other maneuvers only delay the final reckoning and raise its price.

THE NEW YORK TIMES

October 4, 2007, 12:00 pm

"Where Some See an Indictment, Others See an Opportunity"

By Jonathan P. Hicks

For people interested in running for elective office, there are a number of opportunities that attract potential candidates.

Because of the city’s relatively new term-limit laws, there are interested office seekers who wait until the incumbent is barred from running for re-election and who are attracted by the predictability of the open seat.

There are others, the insurgents, who relish the often uphill challenge of running against an incumbent.

But there is another, smaller group.

These are the potential candidates who wait to see if an official who has been indicted is convicted of a crime.

Alas, in New York City, there is usually some elected official or another facing re-election who has been indicted or charged with a crime and who is awaiting a trial that could result in forfeiture of elected office.

At the moment, there are several.

In the Bronx, for example, there is Efraín González Jr., one of the longest-serving members of the State Senate.

Senator González, a Democrat, was indicted last year on federal charges of mail fraud, accused of using $37,000 from a nonprofit organization for personal expenses, including Yankees tickets and membership fees at a vacation club in the Dominican Republic.

Shortly before that, Assemblywoman Diane Gordon, a Democrat who represents parts of Brooklyn, was indicted on charges of conspiracy and bribery.

The authorities said that Senator Gordon had helped a developer obtain a vacant tract of city-owned land and asked him to build her a $500,000 house in exchange.

She and Mr. González pleaded not guilty.

And this summer, City Councilman Dennis P. Gallagher, a Queens Republican, was charged with 10 counts of rape, criminal acts and assault.

Prosecutors contend that the councilman, one of three Republicans in the City Council, raped a woman in his Queens campaign office after meeting her at a neighborhood bar.

He pleaded not guilty.

Mr. Gallagher is barred from running for re-election for his Council seat in 2009 because of term limits.

But there are a number of potential candidates who are watching his legal proceedings so that they will be prepared in the event he is convicted and has to resign from the Council before then.

There is less certainty in this method, of course.

Trial dates can be unpredictable and outcomes are hard to foresee.

Nonetheless, there are candidates who feel that they have to be prepared in case a sudden guilty conviction opens an electoral door.

“I’m organizing a campaign for the Council seat in 2009,” said Anthony Como, a commissioner with the City’s Board of Elections who ran unsuccessfully for an Assembly seat in 2005.

“And if Gallagher is forced out, I’m certainly going to run then."

"But if he leaves early, I’ve got to be prepared.”

There are other potential candidates throughout the city who are waiting to see how the various elected officials fare in their legal battles.

“You have to be like a lion in the jungle, looking at your prey,” said Michael Gaspard, a political consultant who works largely with Democratic candidates throughout the city.

“But, at the same time, you don’t want to be seen by people as being too open about your interest in seeing someone convicted."

"It’s a balancing act that isn’t easy.”

A vacancy in the City Council is filled by a nonpartisan special election, where any candidates with the required number of signatures can run.

But in special elections for vacancies in the Legislature, committees within the political parties select the candidates.

So, potential candidates have to find ways to ingratiate themselves with leaders within the parties.

As a result, many candidates considering the seats of indicted officials are reluctant to speak openly about their aspirations.

They do not want to appear to be eager to capitalize on the misfortune of the incumbent.

Nonetheless, there are such potential candidates for the seats of all three officials.

In the Bronx, for example, a possible conviction for Senator González would create a vacancy that would undoubtedly attract the interest of a number of council members whose term limits prevent them from re-election bids.

“They have to pay attention and be totally obsessed with the trials, once they take place,” Mr. Gaspard said.

“No one wants to be seen as being interested in someone else’s bad luck."

"But, they still are working behind the scenes, trying to build support and to be seen as a strong candidate and successor.”

http://cityroom.blogs.nytimes.com/2007/10/...an-opportunity/

THE NEW YORK SUN

"Tension Appears To Grow Between Spitzer, Cuomo"

By JACOB GERSHMAN, Staff Reporter of the Sun

October 5, 2007

It was a subtle moment of drama at an otherwise peppy gathering of Democratic Party state officials and activists in the Garden City Hotel on Long Island on Tuesday.

Governor Spitzer was wrapping up his speech before a large conference crowd when suddenly the cameras and reporters turned to the man who quietly took a seat in the front row.

It was Attorney General Cuomo, who was making his first appearance with the governor since July, when his office knocked the wind out of the Spitzer administration's sails by alleging that officials had improperly used the state police to generate negative news coverage about the Republican Senate majority leader, Joseph Bruno.

What could have been a chance for public reconciliation fell to pieces when Mr. Spitzer marched off the stage and out the back door without even making eye contact with the attorney general, who stood, politely applauding, just feet away.

Aides to both officials quickly denied that Mr. Spitzer had slighted Mr. Cuomo after bloggers instantly ruled it a "snub" and a "dis."

Proper protocol didn't require that Mr. Spitzer, a very busy man, greet Mr. Cuomo, the aides argued.

To many in Albany, though, the incident is the latest sign of what many see as a growing rivalry between the two politicians, a dynamic that threatens to split the Democratic Party in 2010.

While Messrs. Cuomo and Spitzer are expected in coming days to make public conciliatory gestures — the Columbus Day Parade in Manhattan provides such an opportunity — sources close to the governor say the damage is already done.

The governor, who initially endorsed Mr. Cuomo's report on the state police controversy and offered numerous public apologies for his administration's conduct, now regrets not having outright rejected its conclusions that at least two of the governor's aides conspired against Mr. Bruno, a Democratic source who spoke with Mr. Spitzer, said.

"Eliot's people blame Andrew for the entire scandal because his report ignited the kindling," the source said.

For the governor, the report was a public relations disaster.

Republicans seized on it as evidence of what they described as the governor's abuse of power.

The Cuomo report triggered Senate investigative hearings and two investigations, one of which, conducted by the Albany County district attorney's office, cleared Mr. Spitzer's office of any wrongdoing.

A separate probe by the state Ethics Commission is ongoing.

Since the report was released, the governor's approval rating has fallen to below 50% from as high as 75%.

Despite the governor's response to the attorney general's report, people close to Mr. Cuomo insist the relationship can be saved.

"Do I think that there will be times just as in the past they have their ups and downs?"

"Yes," a former chairman of the state Democratic Party under Governor Cuomo, John Marino, said.

"But I believe that in the end the two of them are both big men, and they will both get through those rough times."

Recent decades have seen a number of feuds between New York governors and attorneys general, which essentially serve as the executive's law firm.

Governor Carey's attempt to fire a deputy under Attorney General Louis Lefkowitz strained their relationship.

But the enmity has rarely interfered with the duties of the officials.

"Does a governor need to have a good relationship with the attorney general?"

"Not necessarily," Bill Cunningham, who has served as a senior aide to Mayor Bloomberg and governors Cuomo and Carey, said.

"They don't have to get along, but they do have to do their jobs."

Messrs. Cuomo and Spitzer, who are both in their late 40s, have never been close allies.

They have acted as distant rivals whose political ambitions have occasionally intersected in conflict.

Their first public clash occurred in 2000, a year after Mr. Spitzer had just started out as attorney general and Mr. Cuomo was into his fourth year as housing secretary under President Clinton.

Mr. Cuomo's takeover of settlement negotiations with gun manufacturers left Mr. Spitzer fuming.

Mr. Spitzer had assumed his office would strike the deal, telling the New York Times:

"It is like a running back who takes the ball 90 yards and then somebody else steps in and takes it over the goal."

"You want to carry the ball across the line."

Last year, it was Mr. Cuomo who was seething after Mr. Spitzer refused to endorse him after the Democratic convention in Buffalo at which Mr. Cuomo became the designated candidate for attorney general, Democrats said.

Mr. Spitzer later announced his support for Mr. Cuomo after the latter's victory in the Democratic primary election.

Friends of the two New York Democrats like to point out their similarities.

They were raised under the shadow of powerful fathers — a developer of luxury real estate, Bernard Spitzer, and Governor Cuomo — and each has three daughters.

They both have earned reputations as crusading regulators who have portrayed themselves as protectors of the little man.

Each sought the governorship.

Mr. Spitzer achieved his ambition by winning in a landslide last year while Mr. Cuomo suffered an embarrassing defeat in 2002, dropping out of the Democratic primary against H. Carl McCall.

Their recent tensions have some in Albany wondering whether their paths are destined to collide in 2010 in a Democratic primary for governor.

For now, the general consensus is that Mr. Cuomo won't make up his mind for at least another two years.

"I don't care if Eliot got caught with a 12-year-old dachshund," a senior member of the Assembly said in an interview.

"Today is not the day."

"Talk to me in 2009; it might be a different thing, but it ain't happening now."

"I don't think anybody is thinking about 2010," Mr. McCall said in an interview.

http://www.nysun.com/article/63993?page_no=1

"Senate panel issues subpoenas to top Spitzer aides"

By MICHAEL VIRTANEN, Associated Press

Last updated: 5:14 p.m., Friday, October 5, 2007

ALBANY -- A Senate committee has subpoenaed two top aides to Gov. Eliot Spitzer in its probe of whether they improperly used state police in a political scheme to discredit Senate Republican majority leader Joseph Bruno.

A subpoena for documents and information was served Friday to Richard Baum, secretary to the Democratic governor, and communications director Darren Dopp was subpoenaed to testify before the committee on Oct. 29, the committee said.

"We have a constitutional obligation to carry out our legislative responsibilities in response to findings of misconduct within the Spitzer administration," said Sen. George Winner, an Elmira Republican who chairs the panel.

"To do that effectively, we need a clearer picture of what occurred, when, who was involved, and how it was carried out."

The subpoenas seek detailed communications and policy directives, including e-mails and Blackberry messages, since Jan. 1 concerning the "crafting, drafting, and introduction of legislation concerning the administration of government with respect to uses and abuses of the FOIL procedures."

Terence Kindlon, Dopp's attorney, said he received Friday by fax the subpoena returnable to what he called, "the George Winner dog and dead horse show."

"It's a welcome opportunity for Darren to say finally publicly what he's been saying to anybody, to the Distract Attorney's Office ... what he's been saying to the people he's been talking to," Kindlon said.

"It's about time for this investigation to be put out of its misery."

"Anything we can do to help speed that along it's our privilege."

The committee said it also expects to subpoena testimony from Baum, former Deputy Secretary for Homeland Security Bill Howard, and acting State Police Superintendent Preston Felton.

Democratic Sen. Thomas Duane had said at recent investigations committee meetings that its subpoenas are limited to seeking data or testimony on proposed legislation.

That's been a running conflict between Republicans on the panel seeking to investigate the case and Democrats trying to limit their questioning to specific legislative bills, none of which have necessary support in the Democrat-led Assembly.

Spitzer spokesman Jeffrey Gordon has called the committee's inquiry "duplicative and partisan," noting the state attorney general and Albany County district attorney have already completed investigations and found no illegal conduct.

While there was no crime, Democratic Attorney General Andrew Cuomo concluded in July that two Spitzer aides acted improperly in releasing information about Bruno's use of state aircraft and state police drivers on trips to Manhattan that mixed public business with political fundraisers.

In written statements, Dopp and Howard said they were acting on requests from reporters, including Freedom of Information Law requests, about abuses of a longtime and questionable perk for legislative leaders to avoid highway and train rides.

"13 clerks against Spitzer - County officials to defy driver's license change, citing security concerns, pressure from constituents"

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

First published: Friday, October 5, 2007

ALBANY -- Citing security concerns as well as pressure from constituents, 13 county clerks on Thursday said they would defy Gov. Eliot Spitzer's order to issue driver's licenses to illegal immigrants.

"This is an issue of safety and security for New Yorkers," said Saratoga County Clerk Kathy Marchione, who added that people have been walking into her Ballston Spa office to speak out against the plan since it was announced late last month.

The current president of the state county clerks' association, Marchione was among the 13 who said they wouldn't carry out Spitzer's orders.

Spitzer in a statement said the protesters were misguided, saying the real threat is unlicensed drivers, not immigrants.

"The simple fact is, increasing access to driver's licenses, tied to increased anti-fraud security measures, is good for public safety and good for homeland security," he said.

The clerks, who traveled from across the state for Thursday's special meeting, also voted 29-4 with 3 abstentions for a resolution urging the governor to hold off on the change.

"I'm getting numerous calls from my constituents," said Sandra DePerno of Oneida County, the sole Democrat at Thursday's meeting to say she wouldn't issue the new licenses.

The decision to withhold the new licenses came after clerks spent the morning complaining about the plan to David Swarts, Spitzer's Department of Motor Vehicles Commissioner.

While Swarts and his staff came to explain how the plan is being phased in between now and April, county clerks pelted him with the same kind of criticism that Republican lawmakers have hurled at the Democratic governor since the change was announced: Letting illegal immigrants get licenses would open the door not only for those who were breaking immigration laws, but for potential terrorists as well.

"We're talking about illegal lawbreakers," said Putnam County Clerk Dennis Sant.

During his campaign, Spitzer said he would reverse a Pataki-era rule that required a Social Security card, or a letter explaining why an applicant doesn't have one, for those seeking driver's licenses.

Under the new plan, license applicants will be able to present foreign passports rather than Social Security cards.

With an estimated 1 million illegal immigrants in the state, the governor said this move would at least let such people buy auto insurance and allow police to keep better track of their whereabouts.

In addition to Marchione, Rensselaer County Clerk Frank Merola, Columbia County's Holly Tanner and Greene County Clerk Mary Ann Kordich were among those who plan to defy the governor.

Albany County Clerk Thomas Clingan and Schenectady's John Woodward, both Democrats, were not among the dissenters.

In Albany County, however, driver's licenses are dispensed at a state Department of Motor Vehicles Office.

Of the 62 counties in New York, 52 issue licenses.

The other 10, mostly in the New York City area -- where most of the immigrants live -- rely on state offices to dispense licenses.

That split illustrates not only the Democrat-Republican differences but the upstate-downstate divide on this issue.

Even though most of the state's illegal immigrants live in and around New York City, some of the loudest protests are coming from upstate.

The issue is politically trickier in the metropolitan area, where opposing the governor could alienate substantial numbers of voters born in other countries who agree with Spitzer's move.

Thursday's meeting makes it increasingly likely that the license plan will end up in court.

Spitzer has suggested that clerks, as agents of the state DMV, are required to carry out rule changes, while some clerks suggested the plan could run afoul of federal rules, which would then take precedent.

"We're almost acting as an immigration board," Marchione said.

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

Previously: Gov. Eliot Spitzer, making good on a campaign promise, directed that illegal aliens by next spring be able to get New York drivers licenses.

That prompted an outcry from Republicans who contend it could abet terrorists.

The latest: Thursday, 13 county clerks said they would defy the governor and not give licenses to illegal aliens.

What's next: A likely legislative battle with Senate and Assembly Republicans trying to stop the move, and a court fight if Spitzer stands firm.

If county clerks indeed defy him, Spitzer may go to court, or try to circumvent them.

"State's judge selection process at issue - Supreme Court likely to uphold unique 3-part judicial election system"

By JENNIFER A. DLOUHY, Washington bureau, Albany, New York Times Union

First published: Thursday, October 4, 2007

WASHINGTON -- The nation's highest court on Wednesday seemed likely to uphold New York's unique system of electing trial judges, with several justices saying they weren't concerned that the process gives political bosses a major role in judicial selection.

The state's three-part selection process begins with a primary election in which voters elect delegates to a party convention that then selects the party's nominees for judgeships.

Ultimately, voters choose among those nominees in a general election.

The 86-year-old process has been struck down as unconstitutional by the U.S. district court in Brooklyn and the U.S. Court of Appeals for the 2nd Circuit on the basis that the system effectively puts party leaders in control of the nominating process.

At issue are the dueling First Amendment rights of two groups: political parties, which say they have a right of free association to choose who they want to represent them, and voters and candidates, who want a say in the electoral process and a chance at public office.

The case was brought by unsuccessful judicial candidates, including a former Brookly civil court judge, Margarita Lopez Torres, who said her reelection attempts were blocked by party leaders after she didn't hire law clerks they had recommended.

During oral arguments, Justice John Paul Stevens signaled his sympathy with critics who say the system shuts out insurgent candidates.

But he still did not appear swayed by what he said were "political arguments as to why this is a terrible system."

"They are not necessarily constitutional arguments," Stevens added.

The case is expected to be decided by next July.

"Spitzer's license plan for illegal aliens gets harsh criticism"

By MICHAEL GORMLEY, Associated Press

Last updated: 11:32 a.m., Saturday, October 6, 2007

ALBANY -- The images and commentary aren't subtle: Osama bin Laden hanging out in a New York City taxi driver's seat, a blog headlined "Moron Spitzer Forges Ahead with Licenses for Illegals."

Gov. Eliot Spitzer's plan to make it easier for undocumented immigrants to get driver's licenses has been roundly assailed.

"Crazy," said one county clerk.

A threat to national security, said U.S. Rep. Randy Kuhl, R-N.Y.

A Poughkeepsie Journal editorial took a more measured approach, but still noted "taxpayers have a right to be both perplexed and outraged" over Spitzer's plan

the Capitol, where two Roosevelts began to set courses that would guide America's century, the political discourse has been more like talk radio.

Assembly Republican leader James Tedisco paints a picture of a giddy bin Laden uncorking bubbly in a cave over Spitzer's idea.

It all goes back to a July 2006 appeals court decision that provided the state greater latitude in issuing driver's licenses.

Then, the Republican Pataki administration wanted immigrants to prove they were in the United States legally before getting a driver's license.

But as a candidate for governor, Democrat Spitzer promised to change that.

Earlier this year, as the Republican-led Senate blocked his agenda, he said he could bypass the legislature and govern the state through the agencies he controls.

Spitzer dismissed some extreme opposition to his plan this week, saying the "politics of fear and selfishness has replaced the politics of common sense and responsibility."

"We are witnessing knee-jerk reactions to sound policies that have no business being politicized or polluted by fear-mongering rhetoric," Spitzer said.

He argues his plan requiring a valid passport to get a driver's license, with additional anti-fraud measures, will bring "people out of the shadows" when it goes into effect in December.

It will make streets safer, lower auto insurance costs, give immigrants a better shot at the American dream, and document hundreds of thousands of immigrants.

He says the system would aid anti-terrorism efforts.

On Thursday, a majority of the state County Clerks Association opposed the plan and several Republican clerks who have a role in carrying it out threatened to ignore it.

The Senate's Republican majority promised to try to undo Spitzer's decree in a special session Oct. 22, but the Assembly's Democratic leaders are in Spitzer's corner.

Similar policies have been adopted in Utah, New Mexico and other states.

This weekend, the state's Conservative Party will air cable TV ads titled "Border Line Insanity" in New York City, Albany, Long Island and Westchester.

"Along the Mexican border, we lock up illegal immigrants."

"In New York, Gov. Spitzer wants to give them driver's licenses," the ad states.

State Conservative Party Chairman Michael Long told The Associated Press that Spitzer may be playing to more liberal parts of the Democratic party as his poll numbers drop in the wake of a scandal that's grounded Albany since July.

That's when Senate Republican leader Joseph Bruno accused Spitzer's aides of using state police to track his travels with state aircraft on days he mixed state business with political fundraisers.

A report by the Albany County district attorney last month found no wrongdoing, not even a plot, but the state Public Integrity Commission continues to investigate.

"I think he's trying to move forward on an agenda, which he needs to do to sort of set things in motion again," said Lee Miringoff of the Marist College poll.

"That's the governor being governor, which is better than where things were the past six months," Carroll said.

"Having people talk about what he is doing as governor is probably better than having people talking about what his staff might have done."

"Is the distraction working?"

"Apparently not," countered Maurice Carroll of the Quinnpiac University Poll. On Tuesday, the poll found 78 percent of New Yorkers want Spitzer to testify under oath about what he knew about his aides' work and when he knew it.

The volume isn't likely to be turned down any time soon.

"Albany is not a place where people tend to speak in soft, mannered tones," Carroll said.

The license issue is getting the most attention in New York City, Westchester and in some upstate cities with long simmering illegal immigration tension.

But the loudest fight may be on Long Island, where the population of illegal immigrants and Republican senators is high and where Suffolk County Executive Steve Levy, a Democrat, opposes Spitzer's plan.

"The opposition has a much easier sound bite than do the proponents because all the opposition has to do is phrase it in terms of illegal aliens, national security and Sept. 11," said Steven Greenberg of the Siena College poll.

"The proponents have to make a case for it if they want the public with them."

"They have to explain why this makes sense and the governor can't do it by attacking the opposition."

And yet, in Rochester two weeks ago, Spitzer lit into critics as "legally wrong, morally wrong," including New York City Mayor Michael Bloomberg, who initially questioned the plan.\

Bloomberg has since said he won't oppose Spitzer but will try to work out the concerns he has with the governor on the plan.

------

Michael Gormley is the capitol editor for The Associated Press. He can be reached by e-mail at mgormley(at)ap.org.

"Lawsuit contests immigration raids - Hispanic families want courts to force agents to seek permission"

By LARRY NEUMEISTER, Associated Press

First published: Saturday, October 6, 2007

NEW YORK -- Several Hispanic families and individuals asked a court Friday to stop immigration agents from barging into Long Island homes without proper authority in raids that have driven a wedge between the federal agents and local police.

The action was taken as part of a lawsuit seeking to force federal agents to obtain the court's permission before the raids.

Latino families accused the immigration division of Homeland Security last month of performing raids without court authorization.

According to the lawsuit, immigration agents have forced their way into Latino households, waking residents and terrifying children.

It said that, often, the agents were looking for people who did not even live there.

Long Island officials accused the agents of using a cowboy mentality by running roughshod over local police officers and even pointing their weapons at the officers as they tried to round up dozens of gang members.

"There were clear dangers of friendly fire," Nassau County Police Commissioner Lawrence Mulvey said.

"We did have members that were actually drawn upon."

Mulvey and Nassau County Executive Tom Suozzi have asked Homeland Security Secretary Michael Chertoff to investigate the tactics used by Immigration and Customs Enforcement agents.

"The abusive and brutal nature of the latest ICE raids shows that ICE has no intention of abiding by constitutional mandates unless checked by the courts," said Patrick Gennardo, co-lead counsel for the plaintiffs.

"We had no choice but to seek the courts' aid to protect our clients constitutional and civil rights during the course of the class action."

Mark Thorn, a spokesman for the immigration office in New York, said federal officials are reviewing the motion.

"Bruno files kept for years - State Police documented the senator's use of state aircraft on numerous trips to New York City during the Pataki era"

By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union

First published: Sunday, October 7, 2007

ALBANY -- The State Police under former Gov. George Pataki kept detailed travel itineraries in their files for Sen. Joseph L. Bruno describing trips he took to New York City aboard the agency's helicopters between 2004 and 2006, records show.

Copies of the itineraries were released Friday to the Times Union by the State Police in response to a Freedom of Information Law request filed earlier in the week.

The documents appear to raise doubt about the assertion in a July report by Attorney General Andrew Cuomo that such records were "not ordinarily created or maintained by the State Police."

In fact, such records were maintained at times in years past, long before Cuomo's report on the 2007 travel records touched off a scandal that has dominated the state capital for weeks.

Cuomo spokesman Jeffrey Lerner said the newly released reports do not alter the findings that aides to Gov. Eliot Spitzer had persuaded State Police to re-create documents that were then used in what Republicans have alleged was an attempt to smear Bruno.

"This is consistent with our report's findings that the State Police's handling of the Senator Bruno matter was out of the ordinary," Lerner said.

"It also shows that after weeks of review -- going back years -- the State Police have still not found another example of retroactively creating an official's travel records for release to the press."

The decision by State Police to release the earlier travel documents, which contain detailed information about Bruno's trips and people he met with, seems likely to stir more controversy in the ongoing feud that has all but paralyzed state government.

"The State Police have not kept this information for any other state official, that we know of, and they certainly have not been releasing it publicly," said Bruno spokesman Mark Hansen.

"This latest episode of the Times Union, governor's office and State Police collaboration is further reason why the investigations of these abuses must go forward."

The attorney general's investigation found that aides to Spitzer had ordered State Police to reconstruct Bruno's travel itineraries for this year, sometimes from memory.

The State Police had stopped keeping records listing all the senator's movements last year; the specially prepared documents pertaining to this year's travel were later released to the Times Union in response to a FOIL request.

On July 1, the newspaper published a story reporting that Bruno had used State Police aircraft and State Police vehicles on dates of Republican fundraising events in Manhattan.

State regulations governing use of aircraft were subsequently tightened to require reimbursement for the kind of travel that Bruno and other officials routinely billed to taxpayers.

"It wasn't their standard practice to keep such records," a source close to the attorney general's investigation said Friday evening.

"There were just time periods when they would occasionally do it."

Another source familiar with the Cuomo report said that a key difference was that the earlier documents were often based on itineraries supplied by Bruno, whereas the 2007 documents were prepared by the State Police themselves.

Still, the new documents, reflecting details on numerous trips taken by Bruno between 2004 and 2006, contain detailed information quite similar to the controversial itineraries released earlier this year by Spitzer's office that have sparked a firestorm in New York politics.

The itineraries list information about Bruno and his travel companions, their take-off and landing times and locations, State Police helicopter identification numbers, the restaurants at which Bruno dined, the locations of fundraisers, details of whom he met with and alternate plans for train transportation in case of bad weather.

Bruno and other Republican lawmakers have accused Spitzer's office of conspiring with State Police to release information in order to damage the senator's reputation.

The senator also has attacked the Times Union for publishing the information.

The new documents show State Police retained copies of Bruno's travel itineraries long before Spitzer became governor.

State Police officials stopped retaining copies of those records before the end of the Pataki administration.

State Police officials said some of the itineraries were copies of documents provided by Bruno's office that were retained by a senior investigator in Manhattan.

The investigator was in charge of transporting dignitaries, they said, and there was no policy that required the records to be kept or discarded.

Bruno's trips, which often involve some form of what his aides have characterized as "government business," routinely entailed meetings with campaign donors, hotel stays, fundraising events and meals at fine restaurants.

He also met with lobbyists and government officials, such as New York City Mayor Michael Bloomberg.

On most of the trips, the senator used a State Police helicopter and State Police drivers while in the city.

His aides have said he used State Police drivers for security reasons because of past death threats.

In sworn testimony last month before the Republican-led Senate Investigations Committee, however, State Police Counsel Glenn Valle testified that troopers on Bruno's trips acted as drivers and did not provide security protection.

After the original Times Union story questioning Bruno's use of the helicopters, which was based on the travel itineraries obtained from Spitzer's office, the Brunswick Republican accused the State Police and Democratic governor of political espionage.

Bruno has declined to answer detailed questions about his trips, including identifying who he met with and whether any of his meetings were with clients of his private consulting business, which is the focus of an ongoing FBI investigation.

Late Friday, a Bruno spokesman said they would not answer questions unless the Times Union turned over copies of the itineraries it received from the State Police.

The newspaper encouraged the senator to obtain official copies from State Police files.

"Since the Times Union refused our request to provide the documents that they claim to have, we will not comment."

"The TU's information has, in the past, proven to be inaccurate, unreliable or re-created for political purposes," said John McArdle, the senator's spokesman.

"These actions are another example of the abuse of government power by the Spitzer administration and an abuse of the Freedom of Information laws."

Cuomo opened an investigation in early July, and weeks later concluded that the governor's staff and acting State Police Superintendent Preston Felton acted improperly in re-creating Bruno's travel records for what the attorney general concluded were political purposes.

Both the attorney general and Albany County District Attorney David Soares determined that neither Spitzer nor his staffers violated any laws, and that Bruno had not violated any laws in using State Police transportation.

Nevertheless, the Bruno-led Senate has pressed forward with an investigation, alongside a separate probe by the state Commission on Public Integrity.

On Friday, the Senate committee subpoenaed two top aides to the governor.

Soares included a footnote in his report indicating that State Police had kept the itineraries from Bruno's trips in 2004 and 2005.

That footnote triggered the Times Union's FOIL request to State Police for those records.

State Police officials late Friday could not say whether they had similar itineraries in their records for other elected leaders during that time period.

"Reports detail Bruno travels - Republican fundraisers anchored some trips from 2004 to 2006"

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

First published: Sunday, October 7, 2007

ALBANY -- Senate Majority Leader Joseph L. Bruno's flights on state helicopters between 2004 and 2006 took him to several fundraising events, meetings with political strategists, golf outings and sessions with high-powered lobbyists, newly released State Police records show.

At least one trip to Manhattan included a private luncheon at an upscale West Side restaurant with three racing industry representatives including Jared Abbruzzese, whom state and federal authorities are investigating for his dealings with Bruno.

Bruno's travel itineraries, providing details on 11 trips from September 2004 through October 2006, were released under a Freedom of Information Law request filed by the Times Union.

They reveal State Police kept documents that are very similar to the records released under FOIL earlier this year to the newspaper by Gov. Eliot Spitzer's office.

Those records showed Bruno's stops during State Police-chauffered travels in Manhattan on days he used the state aircraft in 2007.

The newly released reports show the agency kept a file on at least some of Bruno's use of the State Police helicopters for trips to Manhattan during the administration of former Gov. George Pataki, as well as Gov. Eliot Spitzer.

The release of documents pertaining to this year's travels, detailed in a July 1 Times Union story, erupted into a scandal at the Capitol after Attorney General Andrew Cuomo -- like Spitzer, a Democrat -- concluded that the governor's staff and State Police improperly compiled the travel itineraries to further Spitzer's political goals.

Like the 2007 documents, the just-released records from prior years show the Brunswick Republican used the helicopters to get to Republican fundraisers.

Those stops anchored some of his itineraries during past years and this year.

The records also show Bruno appears to have conducted at least brief state business during the trips, thereby conforming to the state policy in place at the time that required some public business for the aircraft to be used.

That policy was tightened substantially in August, a month after the Times Union reported on the sometimes heavy political schedule Bruno maintained on state-funded trips, as well as the occasional political forays of Spitzer and Lt. Gov. David Paterson during their use of the aircraft.

Bruno has since discontinued his use of state aircraft.

Bruno's office would not discuss details of the trips and claimed the State Police's release of the new material is part of a plan to smear Bruno.

"Senator Bruno's requests to the State Police were for security and protection, as well as for ground transportation," Mark Hansen, Bruno's spokesman, said in a prepared statement.

"In many cases, travel itineraries for Senator Bruno were not provided to the State Police and were given verbally, with no documentation provided."

"The State Police have not kept this information for any other state official, that we know of, and they certainly have not released it publicly."

A look at one of Bruno's trips, on Sept. 28-29, 2004, shows an itinerary heavy with politics.

After a one-hour state helicopter ride from Albany to Manhattan for Bruno and three top aides, a State Police driver drove the foursome to a 5:45 p.m. meeting with Assemblyman Matthew Mirones, R-Staten Island, at the same address and time as a fundraiser for Al Curtis, then a Republican candidate for the state Senate.

The group was scheduled to be at the fundraiser, then dinner at City Hall Restaurant at 7 p.m. before spending the night at the Sheraton Hotel in Manhattan.

The next morning, Bruno was set to meet with Kathy Stewart, Jackie Salit and Fred Newman.

Political strategists describe Salit and Newman as political operatives who sometimes appear on television talk shows.

After that meeting, Bruno's schedule featured a fundraising luncheon and golfing outing at Glen Oaks Club in Old Westbury, a wealthy Long Island village.

Later, he was to meet with Sen. John Flanagan, a Long Island Republican, and some labor leaders, in Lake Success, before heading back to Manhattan to attend a major state Senate Republican Campaign Committee fundraiser.

That reception-dinner was supposed to keep him busy from 6 to 7 p.m. before he took the helicopter back to Albany.

Other trips were shorter.

On Feb. 1, 2005, Bruno and three top aides hopped aboard the helicopter to attend a 5:30 p.m. meeting at Bistro Le Steak restaurant in Manhattan.

The group left Albany at 4 p.m. and got back, after dinner, at 8:30 p.m.

The document maintained by State Police did not list the purpose of the trip, nor who else attended the dinner.

Other itineraries are very detailed, including even the tail number of the helicopter and notation that two State Police cars would handle Bruno's ground team.

On Oct. 26, 2004, for instance, Bruno, Marcia White, who was then his chief of staff, Mary Louise Mallick, at the time his finance secretary, and Ken Riddett, the Senate counsel, flew to Manhattan and were met by two State Police cars and drivers.

Their first stop was the Palm West restaurant on West 50th Street, where Bruno and Riddett met with three other men in a private "boardroom" while the two women sat in the main restaurant.

The men Bruno dined with included Abbruzzese, Tim Smith and Ogden "Dinny" Phipps, a highly influential member of the New York Racing Association and chairman of The Jockey Club.

At the time, Smith and Abbruzzese were forming Friends of New York Racing, a group lobbying for changes and improvements to the state's thoroughbred horse industry.

Bruno and Abbruzzese, a wealthy Loudonville businessman, have been under investigation by the FBI for months for their business dealings, according to several sources and subpoenas.

Abbruzzese was investigated by the state lobbying commission for not registering as a lobbyist and arranging private air transportation for Bruno.

Neil Getnick, the former federal monitor appointed by the U.S. district court judge of the Eastern District of New York to oversee NYRA, said Friday he was questioned by the FBI about matters concerning Bruno, Smith and Abbruzzese.

"I was contacted by the U.S. Attorney's Office for the Northern District of New York earlier this year seeking to gain my knowledge and was interviewed on various topics including Joseph Bruno and Friends of New York Racing," he said in a statement.

He would not elaborate.

Abbruzzese, Smith and Phipps could not be reached for comment.

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

"Hevesi in middle of comptroller probe _ again"

By MICHAEL GORMLEY, Associated Press

Last updated: 12:52 p.m., Sunday, October 7, 2007

ALBANY -- A well known political operative, a disgraced career politician in New York, and the rising fortunes of two Democrats are colliding in Albany.

In the balance may also be the immense power of the comptroller's office as sole trustee of the state's $154.4 billion public retirement fund, a duty in which Forbes magazine once said gave the comptroller control over more capital than anyone on the planet.

State Attorney General Andrew Cuomo is investigating former state Comptroller Alan Hevesi's dealings in which his longtime political consultant, Hank Morris, reportedly received millions of dollars in private fees from companies seeking investment by the state pension fund.

Cuomo has issued subpoenas to companies and individuals who may have been involved or who knew about the so-called placement fees paid by companies to Morris, in his other role as a financial consultant to investors, in exchange for an introduction or access to the comptroller's office under Hevesi.

Albany County District Attorney P. David Soares is also investigating.

Current Comptroller Thomas DiNapoli, also a Democrat, said "it is apparent that former Comptroller Hevesi and others on his staff engaged in unethical, irresponsible and possibly criminal activity."

DiNapoli made the statement in July when he announced that he fired a former Hevesi staffer and that he found records were missing from the pension investment deputy comptroller's desk.

There have been no charges and no clear finding that a crime was committed involving the placement fees, which are common in dealings of the pension fund for local and public employees.

"Alan Hevesi did absolutely nothing wrong with respect to management of the pension fund," Hevesi lawyer Bradley D. Simon said Friday.

Morris and his attorney didn't respond to telephone calls requesting comment.

Cuomo and Soares have declined comment.

For the two prosecutors, though, this is more than just another case.

The investigation of Hevesi, a Democrat who resigned earlier this year after being convicted of using state workers as drivers for his wife, would be another big "public integrity" case for Cuomo, a Democrat.

Cuomo is already papering 2007 with national headlines for other investigations into student loan conflicts of interest and other cases.

It was just five years ago that he withdrew from the Democratic primary for governor, his support plummeting after he criticized Republican Gov. George Pataki for his leadership following the Sept. 11 attacks.

Soares is also building a national reputation through his investigation into steroid distribution to pro athletes.

Last month, the Democrat also issued an important review of a political scandal that he said clears Democratic Gov. Eliot Spitzer and his aides of any wrongdoing.

Earlier this year, Soares was part of forcing Hevesi to resign, shortly after the comptroller was re-elected despite the scandal.

Last week, a Quinnipiac University poll found New Yorkers suspect there is something to the latest Hevesi investigation.

The poll also found nearly 80 percent of New Yorkers questioned feel the state should limit the pension power of the comptroller who, unlike in most governments, is the sole trustee of the massive fund.

"It looks bad," said Maurice Carroll of the Quinnipiac poll about the investigation.

He said the public seems to be suspicious about the appearance of a politically connected adviser getting a reported $25 million to get the attention of his longtime political friend.

At the heart of it is the power of the comptroller to broadly direct the fund, although teams of financial experts invest most of the money and act as a check on the rest.

Still, "it's probably a dumb idea to have a sole trustee, because you could always get a crook," Carroll said.

"The argument in favor of a sole trustee is you have clear accountability and that has served us well," said Robert Ward of the Rockefeller Institute of Government.

"From an overall governmental perspective, the comptroller's office has tended to perform well and the pension fund is managed professionally."

"I think most people would say that, aside from his personal issues, Comptroller Hevesi did a good job in the office and to a large extent that is a reflection of the professional people who work there," Ward said.

"But it's always important that the person at the top set the right standard."

That was an argument made by Mitchell L. Moss, a professor of urban policy and planning at the Wagner School of Public Service at New York University.

He said last week that he favors a three-person board of the comptroller, the governor and a financial markets expert to guide the pension fund.

Putting one person in control of the massive fund "is, at the very least, unwise."

"Any comptroller can steer investments to politically favored managers or funds, send legal work to preferred law firms, or channel investments into causes or companies that advance a personal or political agenda."

Moss wrote that in November, months before the Hevesi-Morris case became public.

Now, the Senate's Republican majority is looking at changing the pension control of the comptroller, an office held by a Democrat for years.

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Comment by Mike: memo to the Spitz: Don’t fight the subpoenas.

Go, tell all, be defiant, then let these losers hang themselves.

JOHN GALT COMMISERATES: Would that the Spitzer dude had the brains to do that, Mike ….

But hey, go to this web address down at the Daily News, and take a good look at the political cartoon of Spitzer that is posted down there this weekend:

http://www.nydailynews.com/blogs/dailypoli...2.html#comments

And tell me in your own words if this Spitzer dude looks like a guy who has any political sense, AT ALL!

I mean, tell me, Mike …

WHEN was the last time you recall seeing some PUBLIC OFFICIAL here anywhere in America being depicted in a political cartoon the way Spitzer is depicted down there this weekend ….

And so …

Comment by John Galt — October 7, 2007 @ 3:48 pm

http://blogs.timesunion.com/capitol/?p=5567#comments

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Tom: John, do you know the difference between a right and a privilige?

JOHN GALT RESPONDS: Of course I do, Tom ...

Do you?

RIGHT: Rights are defined generally as "powers of free action."

But leaving the abstract moral sphere, and giving to the term a juristic content, a "right" is well-defined as "a capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others."

CONSTITUTIONAL RIGHTS

There is also a classification of rights, with respect to the constitution of civil society.

Thus, according to Blackstone, "the rights of persons, considered in their natural capacities, are of two sorts - absolute and relative; absolute, which are such as appertain and belong to particular men, merely as individuals or single persons; relative, which are incident to them as members of society, and standing in various relations to each other."

NATURAL RIGHTS are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural law; or those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order ro fulfill the ends to which his nature calls him.

Such are the rights of life, liberty, privacy and good reputation.

CIVIL RIGHTS are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government.

They include the rights of property, marriage, equal protection of the laws, freedom of contract, trial by jury, etc.

Or, as otherwise defined, civil rights are rights appertaining to a person BY VIRTUE OF HIS CITIZENSHIP in a state or community.

Such term may also refer, in its very general sense, to rights capable of being enforced or redressed in a civil action.

Also a term applied to certain rights secured to citizens of the United States by the Thirteenth and Fourteenth Amendments to the Constitution, and by various acts of Congress.

POLITICAL RIGHTS consist in the power to participate, directly or indirectly, in the establishment and administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, AND THE RIGHT OF PETITION.

PRIVILEGE: A particular and peculiar benefit or advantage enjoyed by a person, company, or class, BEYOND the common advantages of other citizens.

An exceptional or extraordinary power or exemption.

A peculiar right, advantage, exemption, power, franchise, or immunity held by a person or class, NOT GENERALLY POSSESSED BY OTHERS.

In tort law, the ability to act contrary to another individual's legal right without that individual having legal redress for the consequences of that act; usually raised by the actor as a defense.

That which releases one from the performance of a duty or obligation, or exempts one from a liability which he would otherwise be required to perform, or sustain in common with all other persons.

- Black's Law Dictionary

Posted by: John Galt | October 8, 2007 5:04 PM

http://www.nydailynews.com/blogs/dailypoli...102.html?page=4

THE STAR-GAZETTE

"In Albany, Legislature still stalled by scandal"

October 8, 2007

By Joseph Spector, jspector@gannett.com, Star-Gazette Albany Bureau

What's at stake

Here's a look at the major issues left undone by the state Legislature.

•Capital projects: $300 million to $1 billion to spur economic development, mainly in upstate.

•Campaign finance reform: A package to reduce contribution limits, ban contributions from lobbyists and tighten oversight of spending.

•Sales tax: Monroe and Suffolk counties want their sales tax rates reauthorized.

Monroe is asking the Legislature to keep its sales tax at 8 cents on the dollar.

If not renewed, the county's sales tax would dip to 7 cents in 2008.

•Wick's Law reform: Calls for lessening requirements that force multiple contractors on public construction project as a way to lower costs.

•Appointees: The governor has upwards of 75 nominees for state posts awaiting Senate confirmation.

ALBANY -- Property tax rebates for senior citizens, aid for capital improvements for upstate colleges and campaign finance reform are among the issues that remain unresolved as the state Legislature remains at odds over whether to return to session this year.

And it's becoming increasingly unlikely that the state Assembly and Senate will come back on Oct. 22 -- a date targeted by the Senate last month, some officials said.

"The prospects are not good on any kind of major agreement," said John McArdle, spokesman for Senate Majority Leader Joseph Bruno, R-Brunswick, Rensselaer County.

The Legislature recessed in June, and since then the sides have been in a bitter political fight stemming from allegations that aides to Gov. Eliot Spitzer produced travel documents to show Bruno was illegally using state aircraft for political purposes.

The so-called Troopergate scandal has brought most legislative business to a halt, critics say, with some observers predicting the Legislature may not come back at all until January.

"Most disappointing is we left in June without completing the agenda that both parties outlined, from economic development to good-government reform," said Barbara Bartoletti, legislative director for the state League of Women Voters.

In July, lawmakers and Spitzer announced a blockbuster deal to overhaul the state's campaign finance system, adopt a traffic-congestion plan for Manhattan, provide an additional $200 million in property-tax credits to seniors and spend $300 million on capital projects mainly in upstate.

The plan could have also led to pay raises for lawmakers and judges -- who have long complained about flat salaries.

But the deal was never finalized, and progress has since dwindled.

With less than three months left in the year, some unresolved issues have time sensitivity.

For example, sales tax rates in Monroe and Suffolk counties expire at year's end.

Moreover, the property tax rebates for seniors may have missed its target date because homeowners are already receiving rebate checks.

Seniors are receiving an average $320 this year, whereas the Senate plan would have almost doubled that to $600.

Senate aides said a second set of checks could go out to seniors if a deal is reached soon with the Democratic-controlled Assembly.

Meanwhile, state aid for capital projects remains on hold -- including the Connective Corridor redevelopment project in Syracuse, the Marcy NanoCenter high-tech plan in Utica and the Clinical and Translational Science Institute at the University of Rochester.

Each side blames the other for the gridlock.

Assembly Speaker Sheldon Silver, D-Manhattan, said he wants to focus on upstate development, the state's infrastructure and job creation.

He said he's willing to bring his members back to session but accused the GOP-led Senate of focusing on investigating Troopergate.

"What's holding it up is the Senate appears to be more concerned with the politics of holding hearings on the governor," he said.

Bruno, meanwhile, said his members are on a 48-hour alert to be ready to return to session.

He said he will likely bring his conference back on Oct. 22, with or without the Assembly.

Bruno is pushing an upstate economic development agenda that could include $1 billion in aid for capital projects and tax breaks for businesses.

"The governor is all talk and no action in terms of trying to get things done," Bruno said on a radio show last week.

"All the speaker (Silver) does is talk through press releases, go on the radio and come to no conclusions."

For his part, Spitzer, among other initiatives, is focused on campaign finance reform and bills that promote healthy schools and reform the Wick's Law, which drives up the cost of public construction projects by requiring multiple contractors.

Spitzer spokeswoman Christine Anderson said legislative pay raises could be agreed to if lawmakers reach agreements on major issues.

"The governor always said that he supports that in the context of real reform," she said.

"When the deal was reached on campaign finance, that signaled to the governor that the Legislature was supporting real reform.

"All they need to do is come in and get it done."

http://www.stargazette.com/apps/pbcs.dll/a...80324/1001/NEWS

"GOP legislators back county clerk in tiff over licenses - Rensselaer County lawmakers to hear from Merola on opposition to Spitzer proposal"

By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union

First published: Monday, October 8, 2007

TROY -- Rensselaer County Clerk Frank Merola can expect the support of the County Legislature's Republican majority Tuesday night as he continues his stand against Gov. Eliot Spitzer's plan to provide illegal immigrants with driver's licenses.

Merola will explain his stance at a 6 p.m. appearance at the legislature's meeting at the county offices on Seventh Avenue.

"Do you want to license someone who's here illegally?" Merola said is the point he makes as he campaigns against the governor's proposal.

"We're not going to issue the license to anyone if they're here illegally," said the Republican clerk who oversees the Department of Motor Vehicles in the county.

Merola received national attention with his planned defiance of the new rules proposed by Spitzer.

The "Lou Dobbs Tonight" show on CNN had a question on its Web site asking whether people agreed or disagreed with Merola's position.

Merola will find out today whether he will make an appearance on the show tonight.

At issue is a new regulation to replace a Pataki-era rule that required people to have either a Social Security card or a letter explaining why they don't have one in order to obtain a license.

Under the new plan, which is being phased in, a passport and other identity documents can be used.

That prompted critics to say it would let illegal immigrants get licenses.

But the governor argues it would let illegal immigrants buy auto insurance and help authorities keep better track of them, since the license applications would be more thoroughly checked under the new plan.

Republican county legislators are prepared to back Merola, Legislative Chairman Neil Kelleher said.

There are two resolutions on the legislature's agenda.

One calls for more review of the governor's proposal and the other supports Merola's position on the licenses.

Kelleher said a third resolution may be brought that directs the "county clerk not to comply with the governor's order."

"I'm not sure the governor can use his executive mandate and change the way people get driver's licenses," Kelleher said.

The Democratic minority is not sure the legislators should push to have Merola possibly break the law, said Deputy Minority Leader Keith Hammond.

"Our resolution shouldn't be: Frank, break the law and go to jail," Hammond said.

The governor should continue to study what impact the proposed changes would have, Hammond said.

"I'm not sure the governor understands the ramifications or the impact of what he's doing," Hammond said.

Merola, who represents the state's county clerks in ensuring state driver's licenses meet federal mandates, said Spitzer's proposal would devalue the license as a form of identification.

"The issue scares me," Merola said.

"It's about the safety of the document."

Kenneth C. Crowe II can be reached at 454-5084 or by e-mail at kcrowe@timesunion.com.

"County Clerk to appear on CNN - Rensselaer County Clerk Frank Merola to talk about drivers license dispute"

By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union

Last updated: 4:52 p.m., Monday, October 8, 2007

TROY -- Rensselaer County Clerk Frank Merola will appear on the Lou Dobbs program at 6 p.m. on CNN to speak about his opposition to Gov. Eliot Spitzer's plans to provide driver's licenses to illegal immigrants.

"I feel great."

"My message has always been the same,'' Merola said in a telephone interview from the Amtrak train he was taking to New York City.

"I'm adamant about the fact I'm not going to process a license in my county,'' Merola said about his stance on Spitzer's proposal.

Merola will report to the Rensselaer County Legislature Tuesday night about his stance.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Roger Murdock | October 8, 2007 6:09 PM: Utopia is nice, but we all live here.

You can either bitch about it, or take action try to do something.

Too many people choose the former, as this blog clearly indicates.

Nothing personal, but a lot of energy is spent with fingers on keyboards talking among ourselves.

JOHN GALT PONDERS THIS: Roger Murdock, I wonder if you yourself have ever filed a FOIL request, so that you can speak from personal experience about that experience ....

And perhaps more to the point, I wonder if you have ever filed an Article 78 against the State of New York, or a municipality here in NYS ...

Or a civil rights action ...

Because we out here in the countryside have, Roger Murdock ....

We have taken the State of New York to court, Roger Murdock ...

And we can now speak first-hand in here about the experience, which we have been doing, Roger Murdock ...

What do you think this talk in here about the engineer Paul Plante has been all about, dude?

Do you know anything about the New York State Civil Practice Law and Rules, Roger Murdock?

About the need to have an expert witness on your side in order to bring on certain actions against CORRUPTION here in NYS?

DO YOU KNOW WHAT ELIOT SPITZER HAD DONE TO THE ENGINEER PAUL PLANTE, Roger Murdock, TO INSURE THAT PLANTE WOULD NEVER BE AN EXPERT WITNESS AGAINST THE STATE OF NEW YORK AGAIN?

There is a saying allegedly among lawyers that you should not ask a question that you do not know the answer to, and a corollary of that might be to not make statements in public that you don't know what the response to might be ....

I myself have stood before the Appellate Division, 3rd Department right there in Albany, and I have successfully argued Constitutional matters in a citizen's lawsuit against the State of New York ...

AND I DO KNOW VERY WELL WHAT ELIOT SPITZER HAD DONE TO THE ENGINEER PAUL PLANTE TO SHUT HIS MOUTH FOR GOOD, Roger Murdock ...

And I know the severe adverse impact, THE CHILLING EFFECT, that that RETRIBUTION AND REPRISAL had on people out here in the countryside who themselves might have thought of following Paul Plante's example of confronting corruption in NYS government directly as a citizen, through an Article 78 ...

And so ...

In conclusion, Roger Murdock, what you have done here is fortuitous, as far as I am concerned ...

You have brought us in here right to the ABSOLUTE GROUND ZERO of why we upstate countryfolks, anyway, are talking in here, instead of being out there confronting CORRUPTION in OUR state government directly as we were doing before Eliot Spitzer came along and got "PERMISSION" from the U.S. 2d Circuit Court of Appeals down here in New York City to incarcerate us in secure mental facilities in upstate New York as alleged "dangerous mental patients" to destroy our lives if we were again to try and bring on an action for REDRESS against the CORRUPT State of New York, or one of its political subdivisions, such as Rensselaer County or the Town of Poestenkill ...

JUST AS ELIOT SPITZER DESTROYED THE LIFE OF THE ENGINEER PAUL PLANTE, AND DROVE HIM INTO HIDING ...

And so ...

To be continued, Roger Murdock ...

Unless, that is, you lack the courage ...

Which is cool, dude ....

Most people do ...

So if you lack courage, you will still be with the majority ....

Which is why NYS government is such a CORRUPT, INEPT SWAMP .....

And so ...

Posted by: John Galt | October 9, 2007 6:38 AM

http://www.nydailynews.com/blogs/dailypoli...d_2.html?page=2

"An unlikely political flight plan - State helicopters carried Bruno to meetings with members of splinter party"

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

First published: Tuesday, October 9, 2007

ALBANY -- Two of Senate Majority Leader Joseph L. Bruno's flights aboard state helicopters to Manhattan took him to meetings with three political activists critics have described as radical, State Police records show.

Bruno met on Sept. 29 and Dec. 15, 2004, with Cathy L. Stewart, Jackie Salit and Fred Newman, leaders of the Independence Party of New York County.

They split with the third party's hierarchy in 2005.

New York County Independence Party members have also been described as cultish followers of Newman's social, psychological and political teachings, several political consultants say.

Followers of Newman, an author and psychotherapist, include one-time New Alliance party presidential candidate Lenora Fulani.

Newman espouses "social therapy" treatments and has become a guru to Fulani and others.

Some of Newman's critics say he is behind anti-Semitic statements made by Fulani in the past.

Bruno spokesmen have declined to discuss the Republican leader's flights and itineraries.

Sarah Lyons, a spokeswoman for Stewart, Salit and Newman, said the trio are key members of the New York County party and that Salit and Newman are strategists who produce commentaries mailed to independent voters nationwide.

Salit coordinated the party's support for Michael Bloomberg's 2001 and 2005 mayoral elections.

She and Newman formerly helped produce a cable TV show hosted by Fulani.

Frank MacKay, chairman of the state Independence Party, said Salit and Newman are state committee members who don't attend state party meetings.

He calls the trio "leftists" and didn't know why they were meeting with Bruno.

However, Bruno and members of his GOP conference have coveted the third-party line on the ballot.

The Independence party is the third-largest in the state, numbering nearly 340,000 enrolled voters as of April, more than twice as many as the Conservative party, the next largest.

Bruno met with the three Independence Party tacticians at the Sheraton Hotel in Manhattan on days he used a state helicopter to fly from Albany to New York City.

Sources who didn't want to be identified say Bruno has reserved suites in the hotel for years for meetings with lobbyists and others.

Documents on his schedules for days he used state helicopters and State Police drivers for his travels to New York City show he was accompanied by Albany staffers and often used the Sheraton as a base.

He rents a hotel suite even though he has a staff and well-appointed quarters at his Manhattan Senate office near City Hall.

Who pays for the Sheraton quarters is uncertain.

Stewart recalled that the September meeting -- which State Police records show occurred during a two-day trip involving three fundraising stops by Bruno -- focused on ways to develop the Republican Party's relations with black and Latino voters.

"It was a private strategy meeting," she said.

She did not have an immediate recollection of the December meeting.

Douglas Muzzio, political science professor at Manhattan's Baruch College, said the session sounds as if it could be a political rather than policy meeting.

He said Bruno's use of the state helicopters to attend fundraisers and meetings with Newman and his followers appears to be an abuse of a perk.

"Some people have characterized their operation as cultish and Newman is a psychoanalyst," he said.

"Basically most people see that triumvirate and Fulani as the head of a cultish operation as well as a political operation."

Bruno's association with the Independence Party mavericks preceded his alliance with other people tied to allegedly cultish organizations who were also accused of brainwashing followers.

As reported in the Times Union last month, the Senate Republican Campaign Committee, which Bruno controls, took checks and air transportation from people tied to the Capital Region group NXIVM, which runs executive training programs.

Some former associates claim it is structured as a cult under the influence of leader Keith Raniere, who calls himself "Vanguard" and says his "rational inquiry" approaches lead to successful development.

A jet controlled by two wealthy devotees of NXIVM, Sara and Clare Bronfman, was likely used by Bruno for five flights this year and in 2006, Senate and political official say.

Senate Republicans listed the flights as in-kind contributions of air transportation in state election records.

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

"Immigration issues in local spotlight - Spitzer license rule change helps prompt pair of local meetings"

By DENNIS YUSKO, Staff writer, Albany, New York Times Union

First published: Tuesday, October 9, 2007

SARATOGA SPRINGS -- Immigration is the focus of two meetings with different messages in Saratoga County today and Wednesday.

County Clerk Kathy Marchione, one of 13 county clerks who last week said they would defy Gov. Eliot Spitzer's order to issue driver's licenses to illegal immigrants, will talk about her decision with the county's Board of Supervisor's Legislative & Research Committee at 2:30 p.m. today in the county offices in Ballston Spa.

The committee, which is made up mostly of Republicans, could pass a resolution supporting Marchione and send a recommendation to the full board to do the same, its chairman, Alan Grattidge, said.

"Everyone I have talked to has been pretty concerned with the governor's proposal," said Grattidge, who is supervisor of Charlton.

"They are outraged."

"They think it's irresponsible."

Spitzer argues that the measure is good for workers, but also public safety and homeland security because it allows police to better track illegal immigrants in the state.

Marchione is president of the state county clerks' association.

She cited security concerns and pressure from constituents for her position.

Area residents will get another view of the immigration debate at 7 p.m. Wednesday, when the Saratoga County League of Women Voters holds a meeting to discuss it at the Saratoga Springs Public Library.

The league doesn't take a position on immigration and hasn't chosen a side in the Spitzer controversy, Saratoga County chapter President Barbara Thomas said.

But Wednesday's forum is part of a nationwide immigration study by the league aimed at helping communities understand the issue better.

"As Americans, we have conflicting values about immigration," Thomas said, adding that the meeting is meant to start a discussion on formulating a rational policy despite those conflicts.

Soup will be served at 6 p.m.

Andreas Kriefall of ARISE, a nonprofit agency that focuses on immigration issues, will talk about immigrants' contributions to the economy and society, the immigration process and assimilation.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Part of the reason why common citizens in NYS weary of endemic CORRUPTION in NYS government come in here to talk about it, instead of taking action out there in the real world on their own:

REASON #1: A HOSTILE COURT ENVIRONMENT IN NYS FOR PRO SE CITIZEN LITIGANTS

"More defendants take law into their own hands" by Michelle Morgan Bolton, staff writer, Albany Times Union, published Sunday, February 8, 2004:

"I WOULD NOT GO TO COURT WITHOUT A LAWYER," added state Deputy Administrative Judge Juanita Bing Newton, who heads up Justice Initiatives for the Unified Court System.

"AND I AM CERTAINLY NOT AN ADVOCATE OF PEOPLE REPRESENTING THEMSELVES."

end quotes

That's right from the horse's mouth, Roger Murdock ...

Or from some part of the horse's anatomy, anyway ...

Maybe the other end from where the horse's mouth is ...

And so ...

Posted by: John Galt | October 9, 2007 7:14 AM

http://www.nydailynews.com/blogs/dailypoli...d_2.html?page=2

"Top Spitzer aide will testify - Darren Dopp's attorney says he considers subpoena from former commission valid"

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

First published: Tuesday, October 9, 2007

ALBANY -- A top aide to Gov. Eliot Spitzer still plans to appear before the newly formed Public Integrity Commission, even though he was subpoenaed by the group's predecessor, the state Ethics Commission.

Spitzer's communications director, Darren Dopp, was among several Spitzer aides who were subpoenaed earlier this year by the Ethics Commission in the Troopergate affair. Dopp's attorney, Terrence Kindlon, said he considers the subpoenas valid.

"We received it from the Ethics Commission, and we are electing to treat it as if it's still valid, even if it (the Ethics Commission) still no longer exists," Kindlon said.

Asked if the administration planned to honor the previous subpoenas, Spitzer spokeswoman Christine Anderson said she was unaware of any subpoenas from the now-defunct commission.

The probe centers on whether members of the governor's inner circle did anything wrong by having State Police create from memory itineraries of Senate Majority Leader Joseph L. Bruno when he traveled to New York City using a state helicopter and State Police drivers.

Investigations by Attorney General Andrew Cuomo and Albany County District Attorney David Soares found no illegalities, but Cuomo concluded Spitzer's aides shouldn't have involved State Police in a political matter.

Bruno has faulted those probes because they didn't rely on subpoenas.

The Republican-controlled Senate Investigations Committee is conducting its own probe of the Democratic governor and issued subpoenas last week.

Spitzer's office said it will contest them in court.

The state Ethics Commission started an inquiry of its own, but the panel ceased to exist last month under legislation that merged its functions and those of the state Lobbying Commission into the new Public Integrity Commission.

The new commission has just started operations, although staff from both former agencies were merged and have continued to investigate cases.

Dopp, meanwhile, was said Monday to be leaving state government for a job with a lobbying firm.

Gannett News Service reported he is expected to take a job with Patricia Lynch Associates, one of the top firms in Albany, founded by a former aide to Democratic Assembly Speaker Sheldon Silver.

"Darren has devoted his life to public service and has always been a strong believer in the government's ability to do good," Anderson said.

"We wish him well in his next endeavor."

Kindlon has said that his client, who was suspended without pay for 30 days after Cuomo's report in July, did nothing wrong.

Dopp earlier said that State Police have long kept travel records for Bruno when the Brunswick Republican flew to New York City on state helicopters, even under former Republican Gov. George Pataki.

On Sunday, the Times Union published some of those itineraries kept during the Pataki administration.

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

"Lack of rain causes canal to close early - Erie Canal originally scheduled to shut down Nov. 15"

By CATHY WOODRUFF, Staff writer, Albany, New York Times Union

Last updated: 2:38 p.m., Monday, October 8, 2007

ALBANY -- The state canal system will shut down two weeks early for recreational boats and one week ahead of schedule for commercial traffic, the state Canal Corporation announced today.

Canal officials said the move is necessary because a persistent shortage of rainfall along the Mohawk Valley and in western New York has reduced the amount of water available to maintain sufficient navigational depth in some sections.

The projected closing date for recreational traffic now is Nov. 1, a Thursday, and the closing date for commercial traffic is Nov. 7, also a Thursday.

Previously, the canals had been scheduled to shut down to all traffic on Nov. 15.

Canal officials said the dates could be modified if additional rainfall does occur and replenish water supplies in the southern Adirondacks and other feeder areas.

During the past three months, precipitation in the Mohawk Valley has been more than 12 inches below normal, according to the Canal Corp.

Last month, the Canal Corporation enacted hourly lockings on the Erie Canal for recreational vessels from Lock 20 in Marcy to Lock 7 in Niskayuna in an effort to help conserve water.

More recently, the corporation discontinued diversion of water from Hinckley Reservoir for navigation purposes and began drawing water from other sources in order to maintain navigation.

Those sources include Kayuta Lake in Oneida County and South Lake, North Lake, Sand Lake and Woodhull Lake Reservoirs in Herkimer County.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Roger Murdock | October 8, 2007 6:09 PM: Utopia is nice, but we all live here.

You can either bitch about it, or take action try to do something.

Too many people choose the former, as this blog clearly indicates.

Nothing personal, but a lot of energy is spent with fingers on keyboards talking among ourselves.

JOHN GALT SCOFFS RIGHT OUT LOUD IN HERE AT THAT: Yeah, right, Roger Murdock ...

"More defendants take law into their own hands" by Michelle Morgan Bolton, staff writer, Albany Times Union, published Sunday, February 8, 2004:

Poestenkill resident Paul Plante apparently hasn't needed the full or partial services of a lawyer during the seven civil cases he has successfully won over the past 15 years in state Supreme and federal court.

Plante, a former Rensselaer County engineer, has taken it upon himself to reverse the illegal permitting of local gravel mining and waste hauling facilities and the alleged backroom commercial rezoning of his rural community.

He has gone up against town planning and zoning boards; Rensselaer County government; Waste Management; Showers Enterprises and R.J. Valente Gravel, Inc.; the state Department of Environmental Conservation; and the Attorney General's office, among others.

The 59-year-old disabled Vietnam veteran is also a vocal activist, who is trying to prove federal court that county social services, veterans and Samaritan Hospital officials tried to forcibly commit him to a mental health facility in 2001.

"THE LAW IS FAR TOO PRECIOUS A THING TO BE LEFT IN THE HANDS OF LAWYERS," said Plante, who has been called every name in the book.

"I did an Abe Lincoln."

"If he could stretch out on the dirt floor and learn the law, so could I."

Cognizant of the old adage that says those who represent themselves have a fool for a client, Plante confided:

"I'D RATHER HAVE A FOOL FOR A CLIENT THAN A FOOL FOR A LAWYER."

end quotes

And so, Roger Murdock ....

Talk to us upstate countryfolks about UTOPIA, and doing nothing but coming in here to whine and complain ...

At the time that article was written, Plante was in fact trying to GET BEFORE A JURY in federal court AFTER county social services, veterans and Samaritan Hospital officials tried to forcibly commit him to a mental health facility in 2001 ...

And you know what, Roger Murdock?

PLANTE NEVER EVEN SAW THE INSIDE OF A COURTROOM IN THAT ENDEAVOR ...

HE NEVER EVEN GOT TO SEE A JUDGE!

HE NEVER EVEN GOT AN OPPORTUNITY AT A SETTLEMENT CONFERENCE, DESPITE FEDERAL RULES MANDATING ONE, dude ...

And it never was a question of proof!

Eliot Spitzer's office admitted that Plante had been incarcerated ...

Rensselaer County Court Judge Patrick McGrath reviewed the exact same evidence that Eliot Spitzer had in the matter, including a graphic videotape of Plante being assaulted on Liberty Lane in the Town of Poestenkill in August of 2001 by a politically-connected THUG who had Spitzer's ARM AROUND HIM ...

And Judge McGrath made a written report, as the law requires him to do when confronted with evidence of the commission of crimes ...

AND DESPITE THAT, ELIOT SPITZER SIMPLY GOT THE MATTER BURIED, Roger Murdock ...

BURIED!

Eliot Spitzer condoned the crimes, Roger Murdock ...

Because condoning the crimes and burying this case enhanced Eliot Spitzer's political standing here in NYS with the NYS Business Council, to whom he is now beholden ...

Along with being beholden to real estate interests ...

And so ...

Like Rich McNally in Rensselaer County who is now running for Rensselaer County DA on the Working Families Party line, Eliot Spitzer is a "MADE MAN", Roger Murdock ...

By burying Plante, Spitzer "MADE HIS BONES" as a corrupt politician in NYS .....

And dude, by your own admissions in here, YOU wanted to be a member of Spitzer's team ....

And so, Roger Murdock ...

And so ...

Remember that old song by Pete Seeger, "Which Side Are You On?"

We up here know the answer to that, ourselves ...

We were with Plante, Roger Murdock ...

WE were against the CORRUPTION ...

So I guess you have some pondering to do, dude, as to where you might stand with respect to all of this well-documented NYS history ...

But that's alright ....

It's good for the soul, Roger ...

And it can also build character ...

And character is never a bad thing to have ...

Well ...

Okay ...

Unless you are going into public office here in NYS as a part of the "SPITZER TEAM" ....

And then it is a detriment ...

But outside of that, dude ...

And so ...

Posted by: John Galt | October 9, 2007 7:44 AM

http://www.nydailynews.com/blogs/dailypoli...d_2.html?page=2

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And here you are missing several points, Roger Murdock ....

Plante ultimately beat McNally in Rensselaer County Criminal Court, despite the fact that McNally was a lawyer, and had FRAMED Plante up the wazoo, BECAUSE Plante knew the law better than McNally did, and was finally able to get before a judge who actually did respect and uphold the law ....

As a lawyer, McNally knew how to suborn perjury and such other tactical chicanery as lawyers practice ....

BUT PLANTE BEAT HIM, Roger Murdock ...

Without a lawyer ...

And by doing so, Plante earned the enmity of the lawyer's guild itself, of which you are a member if you are practicing in court every day as an attorney ...

For it is not good for the lawyer's guild to be seen as beatable by an ordinary American without HUGE financial resources to back him up ...

AND IT IS BAD FOR LAWYER'S BUSINESS, Roger Murdock, when an ordinary American citizen without resources like Plante was able to prove in public that in NYS, the RIGHT TO PETITION FOR REDRESS OF GRIEVANCE should not be for sale to the HIGHEST BIDDERS only ...

So the lawyer's guild moved to retaliate against Plante .....

CLOSE THE COURTS!

DO NOT LET HIM IN!

And so it was done, Roger Murdock!

Just like that!

The lawyer's guild does own the courts in the State of New York, after all, and their extortion SHALL be paid, if one is to have a hope for justice in the state at all ....

And those who cannot pay the lawyer's extortion get nothing ...

THAT, Roger Murdock, IS the American WAY ...

And Plante beat the State Attorney General several times running, Roger Murdock, including at the appellate court level ...

WITHOUT A LAWYER, Roger Murdock ...

And Plante beat Capital District "DREAM TEAM" lawyer Donnie Boyajian ...

WITHOUT A LAWYER ...

So it is PURE CRAP, Roger Murdock, that Plante was at best a 2d-year law student going up against lawyers better than he at the law ....

It finally took an Eliot Spitzer to beat Plante, Roger Murdock ...

And that was not because Spitzer was better at the law ....

That's a crock, Roger Murdock, and the proof is in the DOCKET of that case, which is readily available and accessible to a lawyer like yourself through PACER, I believe you call it ....

Eliot Spitzer beat Plante, Roger Murdock, because Eliot Spitzer was able to find a federal judge who would allow Eliot Spitzer to submit false testimony and who would allow Eliot Spitzer to bury evidence of the commission of alleged federal and state crimes in the Plante matter according to Rensselaer County Court Judge Patrick McGrath ...

That was "GOOD LAWYERING" on the part of Spitzer, you attorneys would say ....

But it had nothing to do with knowing the law, Roger Murdock ....

Quite to the contrary, it had to do with Eliot Spitzer knowing how to bend and twist and subvert the law, and how to find a judge who would allow Spitzer to get away with this CRAP ....

And the facts now speak for themselves ....

And so ...

Posted by: John Galt | October 9, 2007 6:41 PM

http://www.nydailynews.com/blogs/dailypoli...d_2.html?page=2

THE NEW YORK DAILY NEWS

Elizabeth Benjamin

"Sheldon Silver urges Spitzer to use subpoena law vs. Bruno"

Monday, October 8th 2007, 4:00 AM

It's time to "fight fire with fire."

That's Assembly Speaker Sheldon Silver's message to his fellow Democrat, Gov. Spitzer, when it comes to dealing with the governor's arch political enemy, and New York's top Republican, Senate Majority Leader Joe Bruno.

Silver, who had been trying to broker a peace agreement between the governor and Bruno, seemed to view the Senate majority's issuance of subpoenas last Friday to Spitzer aides in its ongoing probe into the Troopergate mess as crossing the Rubicon.

The speaker yesterday urged the governor to exercise his right to appoint a Moreland commission, which would have subpoena power and the ability to investigate "whatever it is they want to look into."

"I think it's appropriate to do the same thing [the Senate Republicans] are doing, which is basically to do a fishing expedition," Silver said.

"It's tit for tat."

The Moreland Act dates to 1907 and gives the governor sweeping powers to investigate state departments and institutions.

Spitzer's predecessors have used Moreland commissions to probe everything from local and state government corruption to the nursing home industry to alcoholic beverage control.

A Moreland commission can issue subpoenas for both witnesses and documents and compel testimony under oath - just like a legislative committee.

If Spitzer appointed a commission and issued subpoenas to legislators, he would likely receive the same response his administration gave the Senate majority last week when it dropped blanket subpoenas - we'll see you in court.

"There's a real separation of powers issue here," said one Senate Republican.

"There's no justification and probably no legal basis."

That's the same argument Spitzer spokeswoman Christine Anderson made when she announced the governor intends to fight the Senate GOP's subpoenas - a battle that will cost taxpayers, since Attorney General Andrew Cuomo is sure to recuse himself.

A protracted legal battle could help Spitzer in the long run, although it would likely be a public relations nightmare in the short term.

The best way for the governor to weather Troopergate is to try and run out the clock by delaying the Senate's subpoenas and hoping Bruno, whose outside business interests are being investigated by the FBI, is either indicted or loses control of the Senate next fall.

"Spitzer has an implacable foe, and the only way to get rid of an implacable foe is to live past him," said Democratic political consultant Hank Sheinkopf.

"Either you kill him politically, or you outlive him."

" There are no other options."

A top Democrat called the possibility of a Moreland commission "the ultimate in brinksmanship" and said Spitzer has been threatening this behind the scenes for weeks - even before the Troopergate scandal erupted in July - in an effort to "keep Bruno in check."

"This is classic Eliot," the Democrat said.

"Where does he come from?"

"The attorney general's office."

"What is he most comfortable with?"

"Subpoena power."

"This will put him back in his comfort zone."

The last governor to use his Moreland powers was former Republican Gov. George Pataki, during his final months in office in 2006.

Pataki appointed ex-federal prosecutor David Kelley to investigate whether there were sufficient legal grounds to oust then-state Controller Alan Hevesi for using state aides to chauffeur his wife.

Kelley determined there was a "valid legal basis" for removing Hevesi, who was also the subject of an investigation by Albany County District Attorney David Soares.

In a deal with Soares, Hevesi avoided jail time by pleading guilty to a felony charge and resigned.

Former Gov. Mario Cuomo also used the Moreland Act to appoint the Commission on Government Integrity - known as the Feerick Commission.

That commission, revamped last month through a merger of the state Lobbying and Ethics commissions, is conducting its own Troopergate investigation and has begun to interview aides to the governor.

A source familiar with the commission's proceedings confirmed Spitzer's top aide, Richard Baum, was interviewed at length last week.

http://www.nydailynews.com/news/2007/10/08...use_subp-3.html

THE NEW YORK POST

"DIRTY-TRICKS PROBE PANEL DOESN'T GIVE A WRIT"

October 8, 2007 -- THE state Public Integrity Commission, which pledged to conduct a thorough probe of the dirty-tricks scandal involving aides to Gov. Spitzer, has failed to use its power to subpoena records from the governor's office, The Post has learned.

The failure, called "shocking" by a spokesman for the Republican-controlled Senate, comes in the wake of the refusal of both state Inspector General Kristine Hamann, a Spitzer appointee, and Albany District Attorney David Soares, a Spitzer political ally, to subpoena documents as part of their probes of the plot by aides to the governor to use the State Police to discredit Senate Majority Leader Joseph Bruno (R-Rensselaer).

The Spitzer-controlled commission's failure to subpoena documents - confirmed to The Post by an aide to the governor - has convinced some of the commission's own staffers that Spitzer has exercised "improper influence" over the panel and its predecessor, the state Ethics Commission, sources said.

The absence of subpoenas from the new commission is being cited by Senate Republicans to justify two subpoenas they issued Friday for records possessed by Spitzer and his aides.

"There hasn't been a single subpoena issued until now by anyone until we took our action," Bruno told The Post.

"We gave every agency an opportunity to get all the information, and that hasn't happened."

"The governor claimed that he had nothing to hide, that he wanted to tell the truth under oath."

"Instead, we get a cover-up, a Nixon-style cover-up."

The Public Integrity Commission is headed by former Fordham Law School Dean John Feerick, a Spitzer appointee who was described as "disengaged" by some close to the commission.

fredric.dicker@nypost.com

http://www.nypost.com/seven/10082007/news/...panel_doesn.htm

THE NEW YORK SUN

"Self-Inflicted Wounds"

By JACOB GERSHMAN

October 8, 2007

Stacked up against political scandals throughout history, so-called Troopergate is a drowsy affair.

As far as we know, it's a controversy devoid of sex, bribery, blackmail, and theft.

The best one-sentence encapsulation of the governor's alleged misdeed ran in this week's Village Voice cover article by Wayne Barrett, who put it this way:

"Eliot Spitzer tried to plant a story about Senate Republican leader Joe Bruno's state-subsidized travel."

That's not quite enough drama for a TV movie, unless NY1 decides to produce an original miniseries starring Kevin Spacey and Peter O'Toole.

What's extraordinary is the damage the story has inflicted on the governor.

It wiped out what had been Mr. Spitzer's standout political strength: his reputation for integrity.

He was the Hebrew National hotdog of politicians, and now, deservedly or not, he's just like any street-corner, mystery meat Frankfurter.

Troopergate has fundamentally altered the Spitzer biography, erecting a wall between his tenure as attorney general and as governor.

Tellingly, Wikipedia's "Eliot Spitzer" entry devotes more words about the state police controversy than it does about Mr. Spitzer's work as the "Sheriff of Wall Street."

The tragedy for the governor is that his wounds are mostly self-inflicted.

The consequences for Mr. Spitzer have been disproportionate because his administration has behaved as if it were guilty.

The governor has shifted his story, while his aides have resisted efforts by investigators to obtain relevant e-mails and other documents.

So now, what ought to have been a story about the administration going a little overboard in exposing Senator Joseph Bruno's expensive travel habits has become a referendum on the governor's honesty.

(In his spare time, Mr. Spitzer has awakened the Republican base in New York by awarding driver's licenses to illegal immigrants.)

Now, Mr. Spitzer is vowing to challenge subpoenas that Senate Republicans issued last week to his chief of staff, Richard Baum, requiring that the administration turn over internal documents related to "Troopergate."

The governor's office called the subpoenas a "dangerous and irresponsible attack on our tripartite system of government" and a "partisan political fishing expedition."

He's right of course.

Senate Republicans are trying to embarrass and hurt Mr. Spitzer.

Unfortunately for Mr. Spitzer, the state court that eventually hears this case isn't likely to be concerned with motive.

The most important question is whether or not the material sought by Senate Republicans bears a reasonable relation to proposed legislation.

Westchester Assemblyman Richard Brodsky easily cleared that legal hurdle in 2004 when a state judge ordered the Pataki administration to turn over hundreds of pages of internal memos related to the Thruway Authority's sale of development rights of the Erie Canal to a single, politically-connected developer.

Mr. Brodsky, a Democrat, may have had his own motives, but his subpoena was clearly related to his proposed legislation to overhaul state authorities.

"Legislative subpoenas are enormously important, indeed essential to the operation of a democracy."

"The Legislature must be able to get information about matters that pertain to the making of laws," Mr. Brodsky said in an interview.

"But their subpoena power is not intended to be a law enforcement investigation tool."

Asked if Republicans sufficiently demonstrated a connection between their subpoenas and draft legislation concerning New York's Freedom of Information laws and the independence of the state police, Mr. Brodsky said:

"They have done that adequately, not brilliantly."

That's not exactly the message Mr. Spitzer wants to hear right now, especially from a well-respected Democratic lawmaker.

Mr. Spitzer, however, may have more immediate concerns than swatting away subpoenas.

His communications director, Darren Dopp, has agreed to testify before a Senate investigative committee at the end of the month.

Mr. Dopp's lawyer has said his client would answer questions posed by the Republican panel fully and openly.

Judging by the report released last month by Albany County's district attorney, David Soares, we have a sense of Mr. Dopp's defense.

Not under oath, he denied that he concocted a negative story about Mr. Bruno, insisting that he started digging into Mr. Bruno's trips to New York City in anticipation of a request for records from a Times Union reporter who had already written several articles about the usage of state aircraft.

Mr. Dopp said he urged the Spitzer administration to refer the travel records to an investigative body because he thought Mr. Bruno might have abused his aircraft privileges.

Mr. Dopp pressed the issue against the advice of Mr. Spitzer, Mr. Baum, and the governor's counsel, David Nocenti, each of whom had concluded that Mr. Bruno was probably innocent, according to the Soares report.

The looming question is whether Mr. Dopp will stick to the "lone gunman" theory when he testifies.

Will he, under oath, tell the Senate committee that he acted unilaterally and orchestrated the recreation and gathering of itineraries from the police without the go-ahead from the governor or his top aides?

Senate Republicans like to say Mr. Spitzer has thrown Mr. Dopp "under the bus" by pinning all the blame on a press aide who didn't follow orders.

Later this month, we'll find out if Mr. Dopp intends to drag his boss beneath the wheels.

http://www.nysun.com/article/64133?page_no=1

"State Police captain sues for old job - Former BCI supervisor Frank Pace was reassigned after being suspected of leaking Sweeney report"

By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union

First published: Wednesday, October 10, 2007

ALBANY -- A State Police captain is suing to get his investigator job back, claiming he was demoted after being suspected of leaking a domestic incident report to the media last year involving former Rep. John Sweeney.

Capt. Frank Pace, who headed the region's Bureau of Criminal Investigation, was reassigned to a uniformed post last November, less than two weeks after an internal report about a domestic incident at the congressman's home became public].

State Police internal affairs launched an investigation into whether the document was leaked by Pace, who was based in Loudonville.

The investigation dragged on for months before concluding the allegations were "unsubstantiated," according to the lawsuit.

An attorney for the State Police union contends the investigation should have determined the allegations were "unfounded," which is akin to being exonerated.

The union filed a claim on Pace's behalf in state Supreme Court in Albany two weeks ago.

Richard Mulvaney, general counsel for the New York State Troopers Police Benevolent Association, said Pace also should have been reinstated to his prior post.

Mulvaney said questions remain about why State Police did not investigate whether any of the agency's leaders created an alternate police report which removed details about the couple's 911 call.

State Police labor leaders have called for an independent investigation into Pace's demotion.

The PBA also said an outside investigation should have been conducted into whether laws or policies were violated when the law enforcement agency created an alternate, sanitized version of the 911 report to protect the congressman's privacy during an election year.

State Police conceded they took steps to "secure the document and limit general access to it."

But they have not said whether those steps included creating a version of the police report in which the incident type was changed from a "domestic dispute" to "aid-assist citizen."

In the wake of the scandal last year, Pace received a letter from then-Deputy Superintendent Preston Felton informing him he was being transferred from his prestigious position supervising 80 investigators to a captain's post in a remote area of Fulton County.

The move came at the direction of former Superintendent Wayne Bennett, said union officials.

State Police officials have declined comment on the matter.

Sweeney, R-Clifton Park, lost to Democratic challenger Kirsten Gillibrand and was dogged in the campaign's final days by the disclosure of his wife's 911 call.

Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.

"Lawmakers debate driver's license plan"

Albany, New York Times Union

First published: Wednesday, October 10, 2007

The issue of whether county clerks should be required to issue driver's licenses to illegal immigrants was a hot topic of debate in the Rensselaer and Schenectady county legislatures Tuesday night.

Positions were taken largely along party lines.

Rensselaer County Clerk Frank Merola won the support of the County Legislature's Republicans to refuse to issue driver's licenses to illegal immigrants, but the six Democrats chose not to cast their votes to back him.

"We will never issue a driver's license to anyone who can't prove to me they're here legally," Merola told the legislators, repeating the message he has sent since Gov. Eliot Spitzer announced his intentions to order just that.

The 10 to 6 vote, with one abstention, found the Republican majority backing Merola, also a Republican.

Republican Legislator Kenneth Herrington abstained.

The Democrats backed Spitzer, a Democrat.

"He is obligated to follow the policy if we have a DMV here," said Legislator Kevin Harrington, a Democrat.

"It's irresponsible for our legislative body to uphold someone breaking the law," added Legislator Flora Fasoldt.

In Schenectady, legislators Vincent DiCerbo and Robert Farley sparred over the controversial proposal.

The heated exchange between the Democrat and Republican was symbolic of the sharp emotions the law has stirred among forces for and against the measure.

The controversial issue and legislation proposed by Republican Carolina Lazzari to prevent it from being carried out in Schenectady County were not on the agenda.

The matter angered lawmakers and some members of the public.

Farley, the Republican Minority Leader, argued that granting licenses to illegal immigrants would undermine safety and diminish the validity of what he called "the baseline identification document in the U.S."

DiCerbo suggested getting a court injunction instead of putting the onus on county clerks.

The matter may come up in discussion sometime next month.

-- Kenneth C. Crowe II, Paul Nelson

"Senate pulls reins on Spitzer's NYRA plan"

By MICHAEL GORMLEY, Associated Press

Last updated: 6:03 p.m., Wednesday, October 10, 2007

ALBANY -- State senators struck back Wednesday at Gov. Eliot Spitzer's proposal to allow the New York Racing Association to continue running the Aqueduct, Belmont and Saratoga thoroughbred tracks.

"Why should we continue with you folks?" Broome County Republican Sen. Thomas Libous asked NYRA officials during a Senate racing committee hearing.

"We have an obligation to the taxpayers."

He noted that NYRA's tentative agreement with Spitzer would require the state to pay $250 million to settle debts amassed by the long troubled racing operator.

The payment would be on top of state bailouts to meet payroll and other expenses so that NYRA could operate until its current franchise expires Dec. 31.

In exchange, NYRA would give up its disputed claim to ownership of the race tracks valued at over $1 billion.

NYRA says it must be awarded the franchise again because a legal fight over the tracks would prevent racing until the case is resolved -- threatening the jobs and investments of tens of thousands of New Yorkers.

"You keep saying, 'Hurry up, hurry up,'" Libous told the NYRA officials.

"But based on past performance, we shouldn't hurry up."

As the Senate appeared to reopen the competition for a franchise that could run for 30 years, two of NYRA's challengers were discussing a merger to mount a last-minute push for the lucrative racing deal.

An official for one of the groups in the talks said Wednesday that Capital Play and Empire Racing Associates may join forces.

Capital Play is an Australian racing company that offers more money to the state than any other competitor, including $250 million up front.

Empire included Churchill Downs and the developers of the Mohegan Sun casino.

The official spoke on the condition of anonymity because of the sensitivity of the talks.

However, Churchill Downs announced later Wednesday that it was withdrawing from Empire Racing Associates' bid to operate the New York racing franchise.

Chief executive Robert Evans said the makeup of Empire has "changed significantly" since last year, and the bidding and selection process in New York "is now undefined."

The Capital Play-Empire negotiations to run racing and operate video slot machines at Aqueduct -- and possibly at Belmont -- was first reported by the industry magazine Blood Horse.

Capital Play and Empire wouldn't confirm the talks, but at the Senate hearing Wednesday they paid rare compliments to aspects of each others' proposals, and Empire's Jeffrey Perlee said there is likely to be a late addition to his group.

Also competing is Excelsior Racing Associates, which includes developer Richard Fields and casino developer Steve Wynn.

NYRA contends it has resolved financial problems and accusations of mismanagement that had resulted in a federal indictment.

It says its new management has more experience in New York racing than any of its competitors.

NYRA officials also said their financial problems, including low returns for the state and the racing industry, are part of a decline in horse racing nationwide.

Spitzer has defended his tentative agreement with NYRA, which would have to be approved by the Legislature.

He said allowing the land claim to go to court would be risky and that NYRA is the best and most experienced racing operator.

Under the deal, Spitzer would split the franchise so one group would run racing and another would run video slot machine centers at Aqueduct, with some of the revenue going to the track.

Senators and NYRA's competitors also questioned the feasibility of that plan.

NYRA CEO Charles Hayward insisted he's not threatening to close down racing if the franchise is awarded to someone else.

But the bankruptcy court handling NYRA's case will have a responsibility to creditors and would likely consider the tracks assets that could be used to pay NYRA's debts.

"The bankruptcy could forestall racing," Hayward said.

"That's not a scare tactic ... it's a slippery slope with a bad outcome."

If the Legislature can't agree on a franchise award by Dec. 31, a state law enacted during the Pataki administration calls for racing to continue under a board that has been monitoring NYRA's management for more than a year.

Empire's Perlee also cited a public statement by a previous NYRA official who agreed in 1983 that the tracks would be owned by the state if NYRA received an extension of the franchise back then.

"It puts the lie to NYRA's threat to interrupt racing," Perlee said.

"NYRA is a creation of the state of New York."

"It is not a private company ... the governor and Legislature should no more be intimidated by the threats and bluffs of NYRA than by the Thruway Authority."

"How many times do they expect taxpayers to fall for this?" Perlee asked senators.

NYRA has held the franchise since 1955.

The Senate criticism, led by Republicans, comes as Senate Majority Leader Joseph Bruno is in a raging political feud with the Democratic governor, stalling progress on any agreements.