THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Say, SmokinJoe ….

Hey!

Out here in the countryside, they say you are the dude in the know down there in Albany ….

And so …

Consider this for a moment, if you would, dude …

When one looks at what Eliot “BIG DAWG” Spitzer is trying to pull off here in NYS with his “PLAN” to RULE NYS WITHOUT the state legislature having a role in OUR state government here in NYS ….

It is incandescently clear that “BAD DAWG” Spitzer is trying to CIRCUMVENT OUR laws …

And he is trying to subvert the RULE OF LAW here in NYS by improperly using REGULATIONS as a means of gutting or eviscerating OUR state laws ….

As a means of NULLIFYING the lawful acts of OUR state legislature ….

Which makes laws in NYS IN OUR NAME ….

Not in Eliot Spitzer’s name …

And so …

REGULATIONS: Such are issued by various governmental departments to carry out the intent of the law.

Agencies issue regulations to guide the the activity of those regulated by the agency and of their own employees AND TO ENSURE UNIFORM APPLICATION OF THE LAW.

Regulations are not the work of the legislature and do not have the effect of law in theory.

In practice, however, because of the intricacies of judicial review of administrative action, regulations can have an important effect in determining the outcome of cases involving regulatory activity.

- Black’s Law Dictionary

What’s your read on this, dude?

Help out us countryfolks if you would ….

And so …

Comment by John Galt — October 23, 2007 @ 8:27 am

http://blogs.timesunion.com/capitol/?p=5666#comments

THE NEW YORK SUN

"Spitzer Vows To Carry Out License Policy"

By JACOB GERSHMAN, Staff Reporter of the Sun

October 19, 2007

Governor Spitzer said he has no intention of retreating from his contentious effort to grant driver's licenses to illegal immigrants, insisting that the new policy would be more widely embraced if New Yorkers had a better understanding of its benefits.

In an interview with The New York Sun, Mr. Spitzer said he is satisfied with the way his administration rolled out the license policy, saying his staff had prepared for the hostile response to his plan from lawmakers, county officials, and the majority of New Yorkers.

Republicans, as well as a smaller number of Democrats in Albany, say they are strongly opposed to issuing licenses and state identification cards to residents who cannot demonstrate their legal presence in the country.

Many have also questioned the governor's decision to change the rules starting next year without first convening a public hearing or other forum for debate, and without seeking the support of the Legislature.

In recent weeks, a high-volume debate has erupted over Mr. Spitzer's license policy, with Republican lawmakers vowing to overturn the rules either by legislation or by lawsuit and with at least a dozen county clerks threatening to defy orders handed down by the Department of Motor Vehicles.

On the national scene, the issue has become a rallying cry for anti-immigration activists, who accuse the governor of encouraging law-breakers and jeopardizing public safety.

Among the most persistent critics has been a CNN news anchor, Lou Dobbs, who in a Wednesday evening broadcast called Mr. Spitzer a "spoiled, rich kid brat" for carrying out the policy in the face of heavy public disapproval.

Nearly three-quarters of New Yorkers say they oppose issuing licenses to undocumented residents, according to a Siena College poll released on Monday.

"I'm not sure that the number accurately reflects the true public sentiment if it were presented in questions that reflected the underlying facts," Mr. Spitzer told the Sun.

"Because when I explain to people that it would require a valid foreign passport and other documentation that could be verified and validated and we will have fewer accidents, lower insurance premiums, and safer streets, people say they support it."

The administration is increasingly trying to make that case to more people.

In early October, the governor devoted a speech to defending the policy.

His office has also sought endorsements from terrorism safety experts to try to counter the claim that giving licenses to illegal immigrants presents a security threat.

Some speculate that Mr. Spitzer may also turn to television advertisements to further steer public opinion in his favor.

Mr. Spitzer, who in August delivered a lecture on the importance of tempering passion with humility in politics, said the source of his electoral success has been his refusal to be guided by poll results.

"I stand and govern based upon principle, not poll numbers."

"Humility has nothing to do with caving to poll numbers," he said.

"Principle is what I've stood for, for nine years, and that's why I was elected by the largest margin by any governor in history."

The immigrant license issue is just the latest source of tension between the executive chamber and lawmakers, who are scheduled to return to Albany next week for a special legislative session.

The gathering of lawmakers will test Mr. Spitzer's ability to overcome months of deepening political strife and secure agreements on major pieces of his agenda.

Despite the bad blood between Senate Republicans and the executive chamber, the two sides yesterday were negotiating with Assembly Democrats agreements on a range of issues, including a $1 billion capital spending bill, the passage of new campaign finance restrictions, and pay raises for legislators, judges, and statewide officials.

In mid-July, lawmakers and the governor came to a tentative agreement on those issues.

It immediately collapsed after the Senate majority leader, Joseph Bruno, claimed that the governor had backed away from a promise to grant the conference $300 million in capital aid and to approve a $200 million property tax rebate package for elderly New Yorkers.

Brokering the negotiations between the warring parties has been the Assembly speaker, Sheldon Silver, whose aides said he was engaged in "shuttle diplomacy."

Sources said Mr. Silver is circulating a new pay raise bill that would grant lawmakers their first salary increase since 1999.

Next week's session could be the last time that lawmakers meet until they reconvene in January, the start of a legislative election year with the potential for more conflict between the governor and Senate Republicans, who are trying to preserve their two-seat majority.

"I said to New Yorkers all through the campaign that moving a status quo that had led to the decline in the state would be noisy and would be bruising."

"That is exactly what it has been," Mr. Spitzer said.

"That is exactly what I will continue to do, so that I can transform a state that has been on a downward descent," he said.

"As I said during the campaign, you don't change the world by whispering."

http://www.nysun.com/article/64866?page_no=1

THE NEW YORK SUN

"City Immigrants Are Wary of Governor's Plan on IDs"

By MARUXA TENNENT, Special to the Sun

October 19, 2007

Far from the political debate on Governor Spitzer's plan to give undocumented immigrants valid driver's licenses, discussions are under way in New York City's immigrant-heavy neighborhoods about whether undocumented New Yorkers would even be willing to share their identities with the government.

"People here are scared," Abbas Razvi, 63, an owner of a grocery store in Midwood, Brooklyn, the heart of Little Pakistan, said.

"People in this community have gotten stabbed and refused to report it."

"People here are going to have to think not twice about it, but 20 times."

"Policies can be good today, but turn bad tomorrow."

Mr. Spitzer's plan was launched in part to improve safety on the roads and to improve employment prospects for more than 1 million undocumented immigrants statewide.

There is, however, fear among some immigrant groups that federal immigration authorities might get access to the Department of Motor Vehicles's records and use the information to deport them.

Immigrants who spoke to The New York Sun said some may not be willing to risk providing authorities with their personal information despite assurances from Mr. Spitzer and DMV officials that records would not be released to federal officials without a subpoena or court order.

"I'm thinking a lot of people won't go to get their licenses," the president of the Pakistani American Federation of New York, Asghar Choudri, said.

His organization is based in Little Pakistan, one of the communities that has come under increased scrutiny and has seen deportations and arrests since the terrorist attacks of September 11, 2001.

"Some will come forward, but others will remain in the shadows," Mr. Choudri said.

A manager of a deli, Kamer Aledtha, 38, said most neighbors he has spoken with about Mr. Spitzer's plan have expressed ambivalence.

"If you are illegal, you are going to be both happy and worried," he said.

In Chinatown, the fear of federal authorities could be strong enough to deter many immigrants from heading to the nearest DMV and signing up for a road test.

"I've been receiving a lot of calls in the past weeks from people who are recent immigrants," a representative of an Asian immigrant umbrella group, Eddie Chiu, said.

"They say they are very happy with this new program, but they are not coming here today because they are very scared."

The group, the Lin Sing Association, hosted officials from the governor's office at its Chinatown headquarters yesterday to answer questions about the plan.

"A few days ago the press said that most people in the state are against this program, so now people think they don't stand a chance."

"People don't understand," Mr. Chiu, 60, said.

Several dozen residents filed in to yesterday's meeting, some with questions about the complex point system needed to qualify for a license, some seemingly in disbelief.

Holding her expired license with the words "Temporary Visitor" stamped in red across the top, Danxieng Luo asked if she would indeed be eligible to renew it soon.

"They said everything is okay," she said.

Others embraced the idea of Mr. Spitzer's plan, under the hope that to allow immigrants to obtain a driver's license by presenting a valid passport rather than a Social Security number will bring more work prospects and a newfound ease in fulfilling everyday obligations.

"This is what we have been fighting for," the executive director of the Northern Manhattan Coalition for Immigrant Rights, Raquel Batista, said.

When Joel Magallan, the executive director of Tepeyac, a Mexican immigrant rights nonprofit, asked undocumented students who would want to obtain a driver's license when Mr. Spitzer's plan is implemented, hands immediately went up.

One of the students, Florencio Alonso, a pizza maker with two young daughters, said he would opt-in and eventually buy a second-hand car.

"When the opportunity comes, I will take it."

"It is a very good decision," Mr. Alonso, 34, said.

"I will be able to get out of the city more easily."

"In the summer, I would like to take my family to Bear Mountain State Park, or even to the Great Lakes."

Mr. Alonso said he isn't worried about giving up his information, reasoning that it's already available through his tax documents and bank records.

"There isn't fear."

"There is joy and happiness that people are going to get licenses."

"Many immigrants have even begun saving more and sending less money home because they want to buy a car," Mr. Magallan said.

"For the taxi drivers and the people who distributed construction material or clothing, and in the past years have had to find other jobs because they didn't have a Social Security number, this is great news," he added.

Republicans have vowed to block the governor's plan, saying it could make it easier for potential terrorists to obtain legal documentation and that it will make New York State a haven for illegal immigrants.

Many immigrants say their sights are already set far beyond gaining legal access to New York's roads.

"Instead of giving driver's licenses, they should give green cards to people."

"That is what people are interested in," a part-time car insurer, Hashim Choudhry, 59, said.

http://www.nysun.com/article/64867?page_no=1

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Comment by JohnS: I wonder what police chiefs across the state think about the Spitzer legislation.

I wonder too about what they think about the alternative: turning their departments into wings of the Federal Department of Immigration and Citizenship.

Cops locking up illegal immigrants.

I can think of a lot of resons why the NY cops would not want that.

JOHN GALT RESPONDS: You really ought to check out your essential background facts before you make statements in public, dude, about the duties of the police in NYS with respect to immigration law violations in NYS ....

I. Inherent Authority for Local Enforcement of Immigration Law

It is frequently asserted that being an illegal alien is "not a crime" because the detention and removal of most illegal aliens by the federal government is a civil matter.

This claim is based on a misunderstanding of the relationship between federal criminal and immigration law, and the enforcement role given to local government by the Constitution and the Congress.

Unsanctioned entry into the United States is a crime.

Congress has firmly established that there is a significant public interest in the effective enforcement of immigration law.

The authority of state and local police to make arrests for violation of federal law is not limited to cases in which they are exercising delegated federal power.

Local or state law enforcement departments and personnel may not interpret or enforce state law so as to obstruct federal law.

Federal law encourages state and local enforcement of immigration law.

To turn an official blind eye to violations of federal immigration law in such circumstances is not an exercise of state sovereignty, but rather impermissible passive resistance to federal law.

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

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

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

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

Posted by: John Galt | October 24, 2007 7:26 PM

http://www.nydailynews.com/blogs/dailypoli...d_ends_113.html

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Comment by JohnS: I wonder what police chiefs across the state think about the Spitzer legislation.

I wonder too about what they think about the alternative: turning their departments into wings of the Federal Department of Immigration and Citizenship.

Cops locking up illegal immigrants.

I can think of a lot of resons why the NY cops would not want that.

Comment by kirbydog: And, as John S says, I too wonder what police chiefs and local sherrifs across the state think about the Spitzer legislation–turning their departments into wing of the federal Department of Immigration.

Comment by 11thWardDem: THE WORLD IS NOT BLACK AND WHITE.

“Illegal is illegal” is nonsense, this change isn’t primarily about illegal aliens - it’s about legal residents of this great country.

JOHN GALT CONSIDERS ALL OF THIS CAREFULLY: When I read these above comments, especially the one by 11thWardDem that “THE WORLD IS NOT BLACK AND WHITE” with respect to this illegal immigrant issue, I really have to wonder at what is going on in this country with respect to RESPECT FOR RULE OF LAW, which is where the concept of LAW & ORDER is supposed to stem from ….

Reading these comments above here makes me think the USA and NYS must have been invented about 2 and 1/2 seconds ago ….

Reading these comments makes me think that:

A) We have no history …

B) We have no laws …

BUT …

That is not at all true …

We do have a history here in America ….

Or we used to, anyway, before DAY ONE descended on us like a black cloud of misery up from hell bringing Eliot Spitzer with it …

And we do have laws, rules and regulations, whether or not anyone in here is cognizant of them …

Or likes them …

Or believes in them …

And with respect to FOREIGN NATIONALS in this country ILLEGALLY, the LAW IS VERY BLACK AND WHITE, to wit:

I. Inherent Authority for Local Enforcement of Immigration Law

It is frequently asserted that being an illegal alien is “not a crime” because the detention and removal of most illegal aliens by the federal government is a civil matter.

This claim is based on a misunderstanding of the relationship between federal criminal and immigration law, and the enforcement role given to local government by the Constitution and the Congress.

Unsanctioned entry into the United States is a crime.

Congress has firmly established that there is a significant public interest in the effective enforcement of immigration law.

The authority of state and local police to make arrests for violation of federal law is not limited to cases in which they are exercising delegated federal power.

Local or state law enforcement departments and personnel may not interpret or enforce state law so as to obstruct federal law.

Federal law encourages state and local enforcement of immigration law.

To turn an official blind eye to violations of federal immigration law in such circumstances is not an exercise of state sovereignty, but rather impermissible passive resistance to federal law.

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

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

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

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

end quotes

OR HAVE WE SECEDED FROM THE UNITED STATES OF AMERICA, RECENTLY?

That is what I am beginning to believe, anyway …

The “BULL DAWG” Spitzer and his crowd have unilaterally seceded NYS from the rest of the United States of America, so that we are now longer American citizens ….

So that now, United States law doesn’t mean DOODLY-SQUAT here in NY-anmar …

Where the “BULL DAWG” Spitzer is OUR RULER …

And whatever he says at any given moment of time is the “LAW” that we must adhere to …

And abide by …

So aiding and abetting foreign nationals in this country unlawfully is no longer any kind of criminal offense here in NY-anmar, despite some empty words on a piece of paper called federal law saying that it is …

The “BULL DAWG” Spitzer has ruled federal law to be inapplicable here in NY-anmar …

We no longer have RULE OF LAW here in NYS …

WE HAVE THE RULE OF ELIOT, INSTEAD …

And so …

Comment by John Galt — October 25, 2007 @ 8:04 am

http://blogs.timesunion.com/capitol/?p=5687

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Comment by JohnS: Under federal law (the 1996 Illegal Immigration Reform and Immigrant Responsibility Act), local police departments that wish to be involved in immigration enforcement must go through a training process that allows them to become “deputies” of the Immigration and Customs Enforcement agency.

JOHN GALT RESPONDS: Congress could have chosen to limit local enforcement pursuant to its plenary power over immigration, but it has not done so.

In the absence of a limitation on local enforcement powers, the states are bound by the Supremacy Clause of the United States Constitution to enforce violations of the federal immigration laws.

"The statutory law of the United States is part of the law of each state just as if it were written into state statutory law."

People v. Barajas, 81 Cal. App. 3d 999, 1006 (1978) (citing Hauenstein v. Lynham, 100 U.S. 483, 490 (1880), People ex rel. Happell v. Sichos, 23 Cal. 2d 478, 491(1943), and 150 A.L.R. 1431).

See also Dep't Public Safety v. Berg, 674 A.2d 515, 519 (Md. 1994) (stating that an act of Congress establishes a policy for "all the people and all the states," as if it "emanated from [a state's] own legislature."

This principle is "underscored by [Art. 2 of the Maryland Declaration of Rights]").

State and local police officers are generally permitted to enforce federal statutes where such enforcement activities do not impair federal regulatory interests.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as state law does not restrict such general power.

"A state trooper has general investigative authority to inquire into possible immigration violations."

U.S. v. Salinas-Calderon, 728 F.2d 1298, 1301 n.3 (10th Cir. 1984) (citing U.S. v. Saldana, 453 F.2d 352 (10th Cir. 1972)).

The United States has a "compelling interest" in the criminal prosecution of immigration law violators, which is part of a comprehensive, essential sovereign policy of uniform immigration law enforcement.

Congress has specifically included local law enforcement officials among those who could arrest for violation of the federal illegal presence misdemeanor.

Section 1324© of Title 8 of the United States Code now reads:

No officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.

Sections 1324, 1325, and 1326 of Title 8 were all enacted on June 27, 1952, as sections 274, 275, and 276 respectively of the Immigration and Nationality Act of 1952.

As originally drafted, none of these sections contained any language of limitation or exclusion regarding the power of arrest.

Section 1324 was then amended to add, "No officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the Service ... and all other officers of the United States whose duty it is to enforce criminal laws."

The intention of Congress at that juncture cannot be misunderstood.

Arrests for violation of section 1324 were to be made only by federal personnel, while by clear implication section 1325 and section 1326 arrests were to be made by state and local officers as well.

However, later in the legislative process the words "of the United States" were stricken from section 1324 by further amendment.

In People v. Baraja, a California court concluded, "that change can only mean that the scope of the arrest power under section 1324 was enlarged; in no way can it mean that the scope of arrest under the other two sections was restricted. Such an acute non sequitur would attribute to the Congress both serious inconsistency and profound lack of logic."

In 1996, Congress further clarified that a formal agreement is not necessary for "any officer or employee" of a State or local agency "to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States," or "to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States."

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

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

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

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

Posted by: John Galt | October 25, 2007 4:16 PM

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Comment by 11thWardDem: John Galt ....

I would like you to notice something Mr. Galt.

Take a look at your posts, while usually well-founded in legal “fact” or legislative authority - you clearly don’t have an applicable understanding of how institutions work amongst one another in real life.

Of course it would be nice to just pull out the rule book or constitution whenever a conflict arises - but the institutions (both official and unofficial) we have built up in this country don’t correspond to all of that mumbo jumbo.

Yes, the rule of law is relevant and important, but doesn’t come close to satisfying the populous in its ability to solve important social problems.

New and innovative discussion on how things work on the ground, and how we would like to see them work, applied in a practical manner is the path to resolving social inequities.

Having a sound understanding of the constitution, law, history, and regulations are vital to the goal of advancing society - but they alone do not promote positive change.

No, I would argue they are designed to uphold the agreed upon status quo - even when said status quo may have been illegitimately implemented in the first place.

Three men in a room does not representation make…

JOHN GALT RESPONDS: Criminal Enforcement of Alien Registration Laws

All aliens fourteen years of age or older who are in the United States for thirty days or more by statute must be registered and fingerprinted.

Parents or legal guardians must register alien children who are younger than fourteen.

The Department of Homeland Security issues a certificate of registration or a permanent resident card to every alien who registers.

Nonimmigrants must also report address changes every three months on Form AR-11, available at post offices.

Every alien who has been issued a registration document is required to carry the document on his or her person.

Federal regulations specify the immigration documents that are evidence of alien registration.

The U.S. Supreme Court has held that the unregistered presence of an alien in the United States is in itself a crime.

The United States has an express public policy against the presence of an unregistered alien in this country.

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

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

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

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

end quotes

The law is the law, until the law is lawfully changed ....

Posted by: John Galt | October 25, 2007 4:37 PM

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Comment by 11thWardDem: Yes, the rule of law is relevant and important, but doesn’t come close to satisfying the populous in its ability to solve important social problems.

New and innovative discussion on how things work on the ground, and how we would like to see them work, applied in a practical manner is the path to resolving social inequities.

Having a sound understanding of the constitution, law, history, and regulations are vital to the goal of advancing society - but they alone do not promote positive change.

No, I would argue they are designed to uphold the agreed upon status quo - even when said status quo may have been illegitimately implemented in the first place.

Three men in a room does not representation make…

JOHN GALT CONTINUES: Until the law is changed in a lawful manner, 11thWardDem, it remains the law ...

Whether you or the populous like it ....

Or not ....

It does not matter ....

Yes, there can be rational discussion on this issue ...

AND THERE IS ...

But while that discussion is taking place, the law remains the law, and we are bound by it ...

OR AREN'T WE NOW?

HAS ELIOT SPITZER SUSPENDED THE OPERATION OF FEDERAL LAW IN NYS IN AID AND SUPPORT OF FOREIGN NATIONALS NOT LAWFULLY IN THIS COUNTRY FINDING EMPLOYMENT?

Because if he hasn't, then he is putting every motor vehicles clerk in some type of legal jeopardy if they are handing out NYS driver's licenses to people not here lawfully ....

AND THEY HAVE TO BE THE WORLD'S BIGGEST DAMN FOOLS TO LET A PRETENTIOUS FOP LIKE ELIOT SPITZER PUT THEM IN THAT POSITION ....

And so ....

Read the law, 11thWardDem, and tell me that I am wrong, dude:

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

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

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

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

An alien convicted under this statute is deemed to be an "aggravated felon" subject to mandatory federal detention and removal.

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

Section 274 clearly reaches public officials and government employees.

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

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

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

Law enforcement officers in jurisdictions away from the international borders make arrests leading to "bringing to" convictions infrequently, because the offense is considered complete once the alien reaches an "immediate destination" in the United States.

In contrast, the other related felony offenses under section 274 of INA are a powerful enforcement tool for local and state police.

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

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

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

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

Harboring can occur outdoors as well as in a building.

"Shielding from detection" does not need to be clandestine.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE NEW YORK POST

"'ALIEN' LICENSE PLAN HITS A NEW POTHOLE"

By KENNETH LOVETT Post Correspondent

October 25, 2007 -- ALBANY - Problems with scanners to be used to verify documents from illegal aliens applying for driver's licenses threaten to undermine Gov. Spitzer's controversial plan.

Recent testing by the Department of Motor Vehicles found bogus documents were undetected by special scanning machines that are supposed to weed out counterfeit passports, foreign birth certificates and other key documents that illegal aliens would be able to use to obtain licenses, the Times Union of Albany reported yesterday.

According to the newspaper, the equipment has regularly failed to recognize counterfeit U.S.-issued resident-alien cards and fake state driver's licenses, including documents deliberately designed to look like forgeries.

The problems with the scanners arose just weeks before the state is due to begin offering licenses to illegal aliens on Dec. 1.

A press conference scheduled for yesterday to demonstrate the new technology was said to be abruptly canceled, although a Spitzer spokeswoman denied the date had been set in stone.

Critics - from county clerks to state lawmakers - said the testing problems prove their arguments that Spitzer's plan was ill-timed, not properly prepared, and threatens state and national security.

"This alarming news should send a chill down the spines of those 72 percent of New Yorkers . . . who believe that Gov. Spitzer's proposal would lessen our safety and our security," said Assembly Minority Leader James Tedisco, citing the results of a recent poll.

Senate Majority Leader Joseph Bruno said the Senate will hold a hearing to look into the technology issue and warned that his Republican majority will not support state funding in next year's budget for the equipment or staff to implement the plan.

He noted that Spitzer "arrogantly" moved ahead with the plan despite the DMV's assessment that there was no known independent analysis of the equipment's performance.

Spitzer, with little advance warning, announced last month his plan to no longer require driver's-license applicants to provide Social Security numbers or letters from the Social Security Administration proving a person is not eligible for such a number, instead allowing the use of other identification documents like passports and birth certificates.

Spitzer argued the move would make the roads safer and improve national security by creating public records on people currently living in "the shadows."

He has staunchly defended his plan against a torrent of criticism by touting the new anti-fraud technology he said would improve security.

The state entered into a nearly $1.5 million contract with Viisage, an electronic security company, on Sept. 11 - a little more than a week before he made his plan public - in which the firm would develop, install and maintain 100 of the document-verification machines across the state.

Spitzer aides, noting the technology is used in 21 other states, yesterday downplayed the testing problems, saying they have heard of no major glitches and that they are still on deadline to implement the plan on time.

But at a New York City appearance Spitzer insisted the state will not move forward until everything is working properly.

"We are not setting arbitrary deadlines," Spitzer said.

"What I have said is when the technology is tested, implemented, ready to go, then we will begin this."

An official with Viisage parent L-1 Identity Solutions referred calls to an outside spokeswoman, who promised to return a call but did not.

Additional reporting by Dan Kadison

kenneth.lovett@nypost.com

http://www.nypost.com/seven/10252007/news/...hits_a_new_.htm

THE NEW YORK POST

"ELIOT'S MIRACLE MACHINES"

October 25, 2007 -- Just last Friday, Gov. Spitzer hung a plea for his dubious drivers-licenses-for-terrorists plan on the claim that it would impose "the strictest set of security measures" in America.

Oops.

A news report yesterday said that, when tested, fake IDs routinely slipped past Spitzer's supposedly super-smart "state-of-the-art document-authentication machines," as the gov calls them.

"The machines are supposed to work," the newspaper quoted a source as saying.

"They don't."

Well, that's not very reassuring.

Nor did Spitzer deny it.

Rather, his aides canceled a press conference meant to show off the new gadgets.

And the governor said only that "when the technology is tested, implemented, ready to go, then we will begin" the program.

The state won't roll out the devices, Spitzer promised, until they've been "tested and verified from every possible perspective."

Now there's an odd notion story: Eliot Spitzer - Mr. Flexible.

It's about time.

Now, if he'd only step back and see just how dangerous his plan is and why 72 percent of New Yorkers oppose it, rather than pooh-poohing the "fear-mongering" of the "rabid right."

But then, how is it that Spitzer can be so confident that his "technology" will ever address the concerns about the plan - in which applicants would get licenses regardless of their immigration status?

"With the new anti-fraud security measures . . . our ability to prove a person is who they say they are will increase, not decrease," Spitzer boasted.

He talked of "document-scanning and -authentication machines," "radio-frequency identification chips," an "enhanced identification verification unit" and his "highly effective . . . facial recognition technology."

"Each of these security measures," he claimed, has "proven out on their own."

Apparently not.

And if Spitzer was unaware of the devices' failures, how can New Yorkers trust him when he says his program will boost security?

They can't.

Indeed, even if the gadgets work flawlessly (let alone, at all), the fact is that his plan is to let illegal immigrants get licenses that will help give them access to a range of activities - driving, boarding planes, renting apartments or Ryder vans - that could prove deadly if they're terrorists.

If Spitzer thinks fixing a few bugs in some newfangled machines will make his plan less dangerous, he's mistaken.

He needs to scrap it altogether.

It's as simple as that.

http://www.nypost.com/seven/10252007/posto...le_machines.htm

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

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

JOHN GALT RESPONDS: As well they should …

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

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

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

But she never indicated how that might be ….

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

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

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

Let’s take a look, and YOU be the judge, based on the law as it is presently written, and not as Eliot Spitzer thinks it should be:

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

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

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

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

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

Section 274 clearly reaches public officials and government employees.

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

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

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

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

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

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

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

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

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

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

“Encourage” means to knowingly instigate, help, or advise.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Comment by John Galt — October 26, 2007 @ 7:13 am

http://blogs.timesunion.com/capitol/?p=5698#comments

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Comment by 11thWardDem: John Galt ….

I would like you to notice something Mr. Galt.

Take a look at your posts, while usually well-founded in legal “fact” or legislative authority - you clearly don’t have an applicable understanding of how institutions work amongst one another in real life.

Of course it would be nice to just pull out the rule book or constitution whenever a conflict arises - but the institutions (both official and unofficial) we have built up in this country don’t correspond to all of that mumbo jumbo.

Yes, the rule of law is relevant and important, but doesn’t come close to satisfying the populous in its ability to solve important social problems.

New and innovative discussion on how things work on the ground, and how we would like to see them work, applied in a practical manner is the path to resolving social inequities.

Having a sound understanding of the constitution, law, history, and regulations are vital to the goal of advancing society - but they alone do not promote positive change.

No, I would argue they are designed to uphold the agreed upon status quo - even when said status quo may have been illegitimately implemented in the first place.

Three men in a room does not representation make …

JOHN GALT RESPONDS: First of all, dude, I want to thank you for your candor ….

POSITIVE FEEDBACK in here is always a good thing, afterall, and I certainly appreciate it, when I can get some, as is the case right above here with your recent post ….

And yes, it is by design and with intent that my posts are as well-founded in legal “fact” or legislative authority as I can have them be, even though I really do know that here in NYS, the law and the state Constitution are really nothing but a bunch of **** or putty in the hands of the politicians and “institutions” who work amongst one another in real life here in NYS ….

Even though the law and the state Constitution are TOTALLY WORTHLESS here in NYS, still, I am an old-fashioned dude, and so I still cleave to them, much like the Romans who pined for their lost republic after Octavian became Caesar Augustus, and turned their world upside down by becoming their DICTATOR and doing away with the RULE OF LAW, just as Eliot Spitzer is doing here in NYS, right now today …

I have been at this game of politics for some time now, 11thWardDem …

Since the mid-1960’s, actually …

And I am not really naive as to HOW things really do work out there in public here in NYS …

Where the “LAW” you get depends on how much you have to give, as compared to the other person that you wish to screw over …

And if you have no coin here in NYS, the “LAW” you get is absolutely nothing at all ….

PROTECTION, 11thWardDem ….

If you are well-to-do and politically-connected here in NYS ….

You can hook up with a politically-connected lawyer …

And for a sum, you can “PROCURE” for yourself PROTECTION FROM THE LAW …

Or IMMUNITY ….

Not the same as a “get-out-of-jail-free” card …

But better …

A “never-have-to-worry-about-going-there-in-the-first-place” card, instead …

And a SUPERSTAR in that game just happens to be running for District Attorney in Rensselaer County right now as a fellow Democrat of yours, as well as an ANNOITED ONE of Congressman Mike McNulty, Assemblyman Ron Canestrari, and the Working Families Party of Eliot Spitzer and P. David Soares fame, that being Rich McNally, the former Chief Deputy Rensselaer County District Attorney who maliciously prosecuted former Rensselaer County Associate Public Health Engineer Paul R. Plante, P.E. back in 1990-1992 to PROTECT a political GOON out here who ran Plante down in a hit-and-run assault on Liberty Lane in the Town of Poestenkill, Rensselaer County on December 20, 1989 …

Rich McNally IS POLITICAL REALITY here in NYS, as you would see it, I think, 11thWardDem, and here I would have to agree with you …

The POLITICAL REALITY represented by Rich McNally and expressed by yourself so eloquently in here is that the “LAW” in NYS is on the side of those who can afford to buy the “LAW” …

And we countryfolks out here in Rensselaer County personally had that point made to us in spades by a federal court judge here in Albany in 2005, who ruled that “PROTECTED PEOPLE” in NYS, which is to say, those who could afford to “purchase” PROTECTION from the law in NYS, really were immune from prosecution for violating the law, IF THAT POLITICAL PROTECTION AFFORDED TO THEM BY POWERFUL PEOPLE SUCH AS ELIOT SPITZER WERE TO HAVE ANY REAL LASTING AND IMMUTABLE VALUE AS A MARKETABLE COMMODITY HERE IN NYS …

Here’s the facts supporting that federal decision, 11thWardDem …

Read them and you will see what I mean, and why, in reality, I really do agree with you, that in NYS, the law and the Constitution really are nothing but a bunch of pure BULL ****, despite the fact that I still do post the law in here, as it was written ….

And so …

III. FACTS:

On May 22, 2001, Jeffey Pelletier was issued a sewage system construction permit by the County of Rensselaer.

On July 7 (2001), PLAINTIFF (Paul R. Plante, P.E.) conducted an investigation of defendants Aiken (engineer) and McGrath’s “deliberate falsification of inspection data and fraudulent submissions” resulting in the issuance of the Pelletier permit.

During PLAINTIFF’S investigation, Pelletier assaulted him.

On August 9 (2001), defendant Reiter (Rensselaer County Director of Veterans’ Services) warned PLAINTIFF (Plante) to “back off” the Pelletier investigation because he (Pelletier) was a “protected person” in the county.

On August 17 (2001), defendant Jimino (Rensselaer County Executive) allegedly phoned PLAINTIFF (Plante) threatening to harm him if he did not stop his investigation.

Thereafter, he claims that Jimino conspired with Cybulski (County Director of Community Services) to obtain a fraudulent involuntary commitment order and a medical certification from Samaritan Hospital.

end quotes

Jeffrey Pelletier was in fact a PROTECTED PERSON in Rensselaer County ….

And WHO guaranteed that FACT was none other than your man, Eliot Spitzer ….

Back when he was still “making his bones” as NYS AG …

And so …

YOU WIN THE POINT, dude …

I must defer to your superior knowledge of how REALITY really does function here in NYS ….

Despite any laws to the contrary ….

And despite OUR Constitution …

And so …

Comment by John Galt — October 26, 2007 @ 7:50 am

http://blogs.timesunion.com/capitol/?p=5699#comments

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

ITEM: Two upstate county clerks - including a Democrat appointed to the post by Spitzer - say they’ll follow the governor’s new license policy but also report any illegal immigrants who apply for the ID to federal authorities.

JOHN GALT CONSIDERS THIS: IF these clerks follow Spitzer’s PLAN and do not report these illegals, it would seem that on paper, anyway, they would be in violation of federal criminal statutes regarding harboring illegal immigrants in this country ….

And there is where this issue really does seem to lie, here, with respect to this on-going discussion about handing out NYS driver’s licenses to foreign nationals in this country illegally …

IS FEDERAL LAW STILL FEDERAL LAW, HERE IN NYS, NOW THAT ELIOT SPITZER IS GOVERNOR?

DOES ELIOT SPITZER AS NYS GOVERNOR HAVE THE AUTHORITY, JURISDICTION AND DISCRETION TO SET ASIDE FEDERAL IMMIGRATION STATUTES HERE IN NYS AND GRANT IMMUNITY TO THOSE IN NYS WHO AID AND ABET ENCOURAGING ILLEGAL IMMIGRANTS TO COME TO NYS FOR EMPLOYMENT, BECAUSE SPITZER AND HIS CROWD WANT THEM HERE TO EXPLOIT FOR THEIR CHEAP LABOR?

Spitzer says he does, of course …

While established case law on the issue seems to contradict him on that issue ….

And in the meantime, the SPITZER-ITES have had their PROPAGANDA MILL CHURNING here, trying to paint those in NYS who still believe in the LAW as “RIGHT-WINGERS” and “RACISTS” and all the other PEJORATIVES that the SPITZER-ITES can SPEW in a vain attempt to crush opposition to their PLAN to turn NYS into a destination and haven for foreign nationals not in this country legally ….

And so …

The sooner this gets to court, the better …

And WHO should be in the docket in Eliot Spitzer ….

The federal government should make a TEST CASE out of this by charging Eliot Spitzer with felony violation of federal immigration statutes ….

That would give Eliot and his team of high-powered lawyers here in NYS a real chance to “MAKE THEIR CASE” to the public …

If they do, why then, Eliot would get to go free …

If they fail, Eliot would go to federal prison …

Where he could become a jailhouse lawyer ….

Who would be loved immensely by his fellow cellmates ….

For his legal acumen …

On their behalf ….

Get them out of jail for free ….

And so …

Comment by John Galt — October 26, 2007 @ 8:12 am

http://blogs.timesunion.com/capitol/?p=5698#comments

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

"New Drivers Licenses Announced (Updated)"

October 27, 2007 at 12:27 pm by Rick Karlin

Gov. Eliot Spitzer, as expected, and US Homeland Security Secretary Michael Chertoff, has announced what is essentially a compromise in the governor’s mushrooming illegal alien drivers license debate.

Basically, the plan calls for a two, or really a three-track drivers license program in New York: one for illegal immigrants or others who simply don’t want the other licenses which will cost a bit more; and another that will let citizens cross the Canadian border without a passport (that will soon be a requirement).

Thirdly drivers can choose to get a federally-approved Real ID license that will let them board airplanes and enter federal buildings without presenting a passport or other proof of citizenship.

At first blush, Spitzer’s move is both a defeat and a smart tactical move.

He’s backing down on the concept to give illegal immigrants equal status; but is also defusing what has been the biggest controversy of his 10-month tenure.

Additionally he’s acknowledging members of his own party who’ve been in open revolt.

The decision comes three days 11 days before local and county elections, in which Republicans have been hammering Democrats on the issue and local Dems have in turn been distancing themselves from the governor.

In light of this decision, local Republicans have lost a big part of their anti-Spitzer hammer.

The move also comes as the Erie County Clerk Kathleen Hochul, herself a Spitzer appointee who is serving in a Democratic stronghold, had said she’d carry out the governor’s edict but would also work to have illegals arrested and deported — one of the strongest repudiations yet of the governor’s policy.

Republicans aren’t convinced, however, Sen Majority Leader Joe Bruno just put out a statement that notes the governor is still “arrogantly insisting'’ on giving licenses to illegals and Assembly Minority Leader Jim Tedisco termed it a “flip flop'’ and claimed the govenor “cried ‘uncle’ ‘’

http://blogs.timesunion.com/capitol/?p=5704

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

The local political race that I am watching, Dr. Cannon, is the race in Rensselaer County for the position of Rensselaer County District Attorney between underdog Greg Cholakis and FRONTRUNNER Rich McNally ….

McNally, the FRONTRUNNER and ODD’S-ON FAVORITE to win the race, has been endorsed for the office by such local political heavyweights as US Congressman Mike McNulty and Assemblyman Ton Canestrari, as well the Democratic party and the Working Families Party ….

The wags in the know out here in the countryside whisper that an endorsement of McNally by none other than “MR. LAW’N ORDER” Eliot “STEAMROLLER” Spitzer is said to be in the offing in the days just before the election as a HAMMER BLOW to Cholakis, who stands largely alone in this race, but for the public in Rensselaer County who are standing behind Cholakis, and supporting his campaign as an independent person, despite his Republican Party endorsement, which is seen as a definite stumbling block to support of Cholakis by many people in Rensselaer County ….

The taint of Joe Bruno and George W. Bush is on the Republicans, in the minds of too many people here in Rensselaer County ….

And so …

Anyway, Dr. Cannon, McNally’s campaign launched a new ATTACK AD this morning at 7:00 A.M. against Cholakis on WGY-AM out of Niskayuna …

All in all, I think it was a very good attack ad ….

A vey effective ad …

It was direct ….

It was hard-hitting ….

Whoever the narrator was, she had very good voice control, and diction …

When she spoke of Cholakis, her voice actually dripped with contempt over the radio airwaves and into my kitchen, as if she was a Park Avenue society hostess talking to a servant about cleaning up some dog doo that an inconsiderate party guest was tracking all over her new cashmire carpets, and Cholakis was the dog doo ….

She was comparing Cholakis to Joe Bruno’s one boy there, PRINCE KENNETH, when he had the job, and she was calling PRINCE KENNETH bad news, which nobody out here in the countryside will dispute ….

And then she was comparing Cholakis to the one who is in there now, Trish DeAngelis, and again, this narrator was calling DeAngelis bad news, which again, nobody in Rensselaer County will dispute ….

And then in a veritable coup d’grace to Cholakis, a death-blow, in tones dripping with condescension, she called Cholakis the worst of the three ….

And then, abruptly, her voice changed, and became sort of awe-filled and reverent, and she began talking about McNally as an experienced prosecutor who will keep us safe …

(OUTPOURING OF TONES OF REVERENCE)

And how McNally learned the trade of prosecuting from Jim Canfield ….

(MORE SPONTANEOUS OUTPOURING OF REVERENCE)

While all Cholakis had ever done in life was to defend criminals as a public defender …

Cholakis has never prosecuted, she said ….

(DRIPPING TONES OF CONDESCENSION)

And that will resonate with people out here in the countryside, Dr. Cannon ….

And so ….

That’s very effective use of psychology as a political tool by the McNally camp, is my thought, anyway ….

McNally is SWIFT-BOATING Cholakis, Dr. Cannon ….

And he is doing it very effectively ….

And like John Kerry when it was being done to him ….

All people are hearing from Cholakis is SILENCE ….

And that is not good, Dr. Cannon ….

McNally has picked the smart stratgy ….

Smear Cholakis with little sound-bites of just a few words that will require sentences or paragraphs from Cholakis to refute …..

And Cholakis is running out of the time needed to do that ….

And people digest soundbites …

They choke on sentences ….

Paragraphs are beyond them ….

And so ….

Time will soon tell ….

But I have sick feeling in my stomach …..

That Rich McNally is going to sweep this election ….

And hell for us common folks out here in the countryside is going to begin when he gets in the office and starts paying back the favors he owes to the special interests and the land development crowd who support him, so he can produce slick, high-quality ATTACK ADS such as this one which aired on WGY up here this morning ….

And so ……

Comment by John Galt — October 27, 2007 @ 4:01 pm

http://blogs.timesunion.com/capitol/?p=5699#comments

"Feds strike ID deal over NY licenses"

By DEVLIN BARRETT, Associated Press

Last updated: 5:12 p.m., Saturday, October 27, 2007

WASHINGTON -- The Bush administration and New York cut a deal Saturday to create a new generation of super-secure driver's licenses for U.S. citizens, but also allow illegal immigrants to get a version.

New York is the fourth state to reach an agreement on federally approved secure licenses, after Arizona, Vermont and Washington.

The issue is pressing for border states, where new and tighter rules are soon to go into effect for crossings.

The Arizona deal announced in August does not contemplate issuing licenses to illegal immigrants, said Jeanine L'Ecuyer, a spokeswoman for Arizona Gov. Janet Napolitano.

The proposed Arizona version would not be available to anyone illegally in the country, since one of the intended uses of the 3-in-1 identity card would be to prove U.S. citizenship, L'Ecuyer said.

It could be used as a license, as proof of citizenship and as a passport-like document valid for travel in Canada, the U.S. and Mexico.

It would be voluntary and available for a small extra fee.

"It is something that clearly would not be available for people who are in the county illegally," L'Ecuyer said.

The New York deal comes about one month after Gov. Eliot Spitzer announced a plan whereby illegal immigrants with a valid foreign passport could obtain a license.

Saturday's agreement with the Homeland Security Department will create a three-tier license system in New York.

It is the largest state to sign on so far to the government's post-Sept. 11 effort to make identification cards more secure.

Spitzer, who has faced much criticism on the issue, said the deal means New York "will usher in the most secure licensing system in the nation."

Homeland Security Secretary Michael Chertoff said he was not happy that New York intended to issue IDs to illegal immigrants.

But he said there was nothing he could do to stop it.

"I don't endorse giving licenses to people who are not here legally, but federal law does allow states to make that choice," Chertoff said.

The governor made clear he is going forward with his plan allowing licenses for illegal immigrants.

But advocates on both sides of the debate said Spitzer had caved to pressure by adopting the administration's stance on tighter security standards for most driver's licenses.

GOP Rep. Thomas Reynolds, who represents the Buffalo suburbs, said he was glad Washington had heeded his concerns about border identification.

But he said he feared that Spitzer "is taking this state down a risky path" by giving any kind of license to illegal immigrants.

Under the compromise, New York will produce an "enhanced driver's license" that will be as secure as a passport.

It is intended for people who soon will need to meet such ID requirements, even for a short drive to Canada.

A second version of the license will meet new federal standards of the Real ID Act.

That law is designed to make it much harder for illegal immigrants or would-be terrorists to obtain licenses.

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 said in September when he announced his executive order.

The administration has not finalized standards for Real ID-compliant driver's licenses.

Spitzer said he believed the new licenses would meet those standards or come very close.

Many states say it is too expensive to comply with the law; seven of them have passed legislation opposing Real ID.

Neither the governor nor Chertoff would say how much it would cost to put the system in place or who would pay for it.

Donna Lieberman, executive director of the New York Civil Liberties, said Spitzer's move effectively revives a faltering ID program.

"The governor's stunning lack of courage is aiding the Bush administration in clamping down on civil liberties," Lieberman said.

------

On the Net:

Homeland Security Department background on Real ID: http://tinyurl.com/yoeo9w

N.Y. Governor's Office: http://www.ny.gov/governor/

"Clerks say they'll report illegals who apply for licenses"

By CAROLYN THOMPSON, Associated Press

Last updated: 5:53 p.m., Thursday, October 25, 2007

BUFFALO, N.Y. -- Erie County Clerk Kathleen Hochul says she'll follow Gov. Eliot Spitzer's directive to accept driver's license applications from illegal immigrants.

Then she'll follow the law, she said, and report the applicants to authorities for possible arrest and deportation.

"We just don't want to be in any sense facilitating the furtherance of illegal activity, and that's really what we're being asked to do," Hochul said Thursday.

Niagara County Clerk Wayne Jagow said he, too, has been talking with law enforcement about reporting suspicious applicants.

"Illegal is illegal," he said.

With their positions known, neither of the western New York clerks expects long lines of illegal immigrants at their county auto bureaus.

But an influx of applicants anywhere would surprise Hochul.

"I don't see anybody who is trying to hide in this country illegally, trying to stay in the shadows, trying to stay undetected, walking into an auto bureau, letting us take their picture, letting us capture their signature electronically and getting their address," she said.

Spitzer last month reversed a 2002 executive order by his predecessor, Gov. George Pataki, that required people seeking a license to provide a Social Security number.

The policy change will allow illegal immigrants who have valid foreign passports to obtain driver's licenses.

A Spitzer spokeswoman said the clerks will not know for certain whether applicants are in the country illegally because they won't be required to provide documents demonstrating their immigration status.

"Any clerk making a report to federal immigration officials regarding a license applicant's immigration status will be reporting only their subjective suspicions regarding an individual's status," spokeswoman Jennifer Givner said Thursday.

The governor said the policy change will encourage those who are driving illegally to get insurance and improve public security by creating records for tens of thousands of people whose presence in the state is otherwise undocumented.

As many as 1 million immigrants live in New York, he said.

Richard A. Clarke, a former counterterrorism adviser to presidents George H.W. Bush, Bill Clinton and George W. Bush, endorsed the governor's plan last week.

But opposition among clerks who oversee the auto bureaus has not waned.

A majority of the state County Clerks Association oppose the plan.

Several say they will ignore it.

Earlier this week, Rensselaer County Clerk Frank Merola filed a lawsuit against the New York State Department of Motor Vehicles and DMV Commissioner David Swarts to try to block the policy change.

Jagow worries the change will "water down" an identification document heavily relied upon for voting and travel.

"The document, the driver's license, is going to lose its credibility," he said.

Jagow said he is conferring with the Niagara County district attorney and sheriff to develop a reporting procedure for suspicious applicants.

In Erie County, Sheriff Timothy Howard said his officers would respond to calls by clerks who report a possible illegal immigrant.

To: Elizabeth Benjamin @ nydailynews.com

From: John Galt

RE: Somebody is sabotaging your BLOG ...

EB, I was able to post for a couple of minutes yesterday afternoon, and almost immediately, I was shut back out again, and as of 6:47 AM Sunday, I am still shut out ...

It is hard to believe that this is some accident ...

Someone is screwing with your BLOG is my thought, shutting YOU down by shutting out the people who would post on your BLOG ...

Nobody has posted a single word besides my couple of posts since Saturday mid-day ...

Comment Submission Error

Your comment submission failed for the following reasons:

You are not allowed to post comments.

AND AS OUR EXPERIMENT IN DEMOCRACY HERE IN NEW YORK STATE USING THE BLOGS AS A MODERN METHOD OF POSTING MESSAGES TO THE PUBLIC ON ISSUES OF IMPORTANCE TO US AS CITIZENS CONTINUES, THIS IS ESSENTIALLY JOHN GALT'S LAST SUBSTANTIVE POST TO THE NEW YORK DAILY NEWS DAILY POLITICS BLOG BEFORE SOMEONE AT THAT PUBLICATION APPARENTLY SHUT DOWN THE PUBLIC'S ACCESS TO THAT BLOG TO POST COMMENTS:

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by topo: BTW, here's an interesting topic.

The lunatics at Liz's old gig, CapCon, are now checking IP adresses because they say they're worried about sock puppets for elected officials and such?

They outed one guy.

Who cares?

Sock puppets are a part of the blogosphere.

We at the DP have no problem spotting and dealing with a** kissers for their bosses.

It can pretty amusing, in fact.

I hope that Liz never goes down this road of invading people's privacy just because they express their opinion.

JOHN GALT RESPONDS: As a disabled veteran, I am interested in citizenship here in America, topo ...

And as such, I am interested in what is available on the subject to schoolchildren on the internet ....

And in the course of my searches on the subject, I came across something called EDUCATION FOR FREEDOM - LESSON PLANS FOR TEACHING THE FIRST AMENDMENT wherein the following was stated, to wit:

First Principles

The First Amendment applies to all Americans.

Our nation affirms the truth of inalienable rights for all, working for more than 200 years to make the ideals expressed in the First Amendment a reality in the lives of all Americans.

These rights were so important to early citizens and their leaders, many states refused to ratify the Constitution of the United States without the promise of amendments that would protect individual rights.

1. The First Amendment affirms the freedom of the individual.

American government is based upon the concept that all human beings are born with certain rights or freedoms.

The First Amendment guards these rights by prohibiting the government from denying citizens their rights.

The government does not give us our rights.

Its role is to guard the rights that we already have.

We, as individuals, have freedom of conscience.

Religious liberty, or freedom of conscience, protects the beliefs of everyone, not just those of recognized faith communities.

We are free to worship — or not to worship — as we choose.

The government may not tell us what church, synagogue, mosque or temple to attend or whether, where and how we should pray.

As individuals, our ideas and beliefs are our own.

We are free to develop and express our thoughts.

Through our free press, we have access to a vast range of information.

We may criticize our government if we see fit to do so.

Judgments about ideas are for individuals to make, not for government to decree.

The First Amendment guarantees we may associate with people and join groups of our own choosing.

We may ask or lobby the government to correct certain wrongs or support our beliefs.

2. Free expression is the foundation — the cornerstone — of democracy.

The First Amendment is based on the premise that people who can freely share information (especially about their government) will be informed and able to make sound choices about what leaders to elect, what forms of government they want, what laws to enact.

The freedom to exchange information about the government enables people to seek alternatives to bad government.

end quotes

THE FREEDOM TO EXCHANGE INFORMATION ABOUT THE GOVERNMENT ENABLES PEOPLE TO SEEK ALTERNATIVES TO BAD GOVERNMENT!

That is what is being taught to schoolchildren here in America, topo ....

And since I believe that that sentiment is germane to what you are saying above here about censorship on the BLOGS .....

Or chilling free expression of political thoughts and sentiments ...

I thought to share that with you ...

And so ....

Posted by: John Galt | October 26, 2007 7:41 PM

http://www.nydailynews.com/blogs/dailypoli...115.html?page=1

"Police knew details of missing guns - Albany chief has claimed no records of assault weapons illegally obtained by officers"

By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union

First published: Sunday, October 28, 2007

ALBANY -- Albany Police Department officials wrote a letter to the federal government four years ago saying the department had lost 12 machine guns that were part of an arsenal of assault weapons illegally purchased by dozens of officers in the mid-1990s.

The letter, which was sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives in Washington, D.C., was signed by then-Police Chief Robert Wolfgang.

A copy was recently shared with the Times Union by a source with access to the department's records.

The letter confirms that top city police officials knew how many of the dangerous weapons had been secretly obtained through the department, and how many were gone.

It also raises questions about why current Chief James W. Tuffey has made inconsistent statements about the issue at two recent City Council committee meetings.

At the second meeting -- a police budget meeting -- the council's president was shouted down by council members as she pressed the chief for a fuller explanation.

The first meeting took place in late September, a month after the gun purchases were first disclosed in a Times Union story, as Tuffey went before the city's Public Safety Committee and apologized to the public.

He said mistakes had been made by previous administrations and said he was tightening policies to prevent them from happening again.

Tuffey did not tell the committee that any guns were missing, and he characterized the internal investigation as concluded.

Near the end of the committee meeting, Councilwoman Barbara Smith questioned Tuffey about the guns that had been recovered by the department.

Tuffey responded: "We had every one in our possession from when they were retrieved by OPS (Office of Professional Standards/internal affairs) back in 2001 and 2002, except for the one ... (but) we got that back so that that one was destroyed also."

Moments later, after Tuffey said the department had recovered and destroyed 42 assault rifles, an unidentified councilwoman is heard on an audio recording of the meeting questioning him about how many guns were involved and how many officers purchased them.

Tuffey gave an incomplete answer.

"The other question is, do you know the exact number of weapons and then the exact number of officers who purchased the weapons?" the councilwoman can be heard asking on the recording.

"I don't know the exact number of officers, I know some officers had multiple."

"But I know we destroyed 42 weapons," Tuffey said.

The Times Union has since reported more than 42 guns were involved.

Common Council President Shawn Morris and Public Safety Committee Chairman James Scalzo said the police chief's statements that night led them to believe all of the guns were recovered and destroyed, and that there were only 42 weapons.

On Oct. 8, after confirming information from law enforcement sources, the Times Union reported that an unknown number of the machine guns, which firearms experts said could now be worth thousands of dollars each, were never recovered by the department.

The missing guns are still registered to the police department.

By buying them through the department, officers were able to obtain the restricted weapons at sharply discounted, tax-exempt prices.

They are automatic weapons and were available for sale only to police agencies and military units.

It may be a felony under both state and federal law for an individual to be in possession of one of the guns, which were purchased for about $200 each by more than 30 officers and by an Albany County assistant district attorney.

The guns may not be transferred or sold by the Albany police force without permission from the federal government, ATF officials said.

The guns, as well as ammunition and cleaning kits, were purchased in multiple orders in 1993, 1994 and 1995, people with knowledge of the situation said.

A former assistant chief, William M. Murray, a gun enthusiast who has since died, signed official departmental letters that were used to buy the weapons from a Vermont manufacturer.

"These weapons will be used for official duties only, purchased by the department for departmental use only," one of the letters from Murray states.

In fact, after the issue was exposed in an Aug. 26 Times Union story, Tuffey acknowledged the guns were never used by the department and that there was no policy to use them.

Departmental sources said the guns were unsuitable for urban policing and that no officers received formal training on their use.

Tuffey's admissions came after city officials last year said the weapons were part of the department's arsenal and used in crime-fighting.

The city made that assertion in a letter denying a Times Union appeal under the Freedom of Information Law to review records related to the purchases.

Several Common Council members said city lawyers and Mayor Jerry Jennings never told them about the gun scandal, the newspaper's FOIL request or the lawsuit filed by the Times Union last year to obtain the records.

The case is pending.

City attorneys recently asked a judge for permission to submit new arguments to withhold the documents on the grounds they are personnel records.

The newspaper's Oct. 8 story on the guns set off a fiery confrontation two nights later at a Common Council finance meeting at which Tuffey presented his budget.

Under questioning at the end of the meeting, Tuffey stopped short of acknowledging weapons were missing.

Morris, the council president, was shouted down as she tried to ask her questions by at least two council members who defended Tuffey and joined the chief in criticizing the newspaper for reporting on the gun scandal.

"What's the point of bringing this up 10 years ago, all kidding aside," Scalzo can be heard asking Morris on a tape of the meeting.

"You smell blood in the water and now you want to go for the blood, that's what it's about."

Last week, Scalzo defended his actions, saying he didn't believe it was proper to talk about the machine guns during a finance meeting.

He said the Public Safety Committee, which he heads, will continue to seek answers.

Morris said it's routine for council members to be attacked when they raise questions about controversies such as allegations of police misconduct.

"There is just that tendency to keep things quiet, to have conversations rather than open discussion, and to view the actual just questioning of procedures and policy as personal attacks against whoever is there," Morris said.

"At the same time, we are left as a council without the real information that we need because we don't get things in writing."

"We are not presented with actual records and we're left to piecemeal things together from conversations."

The council has subpoena power but has not invoked it in the 14 years Morris has been a councilwoman, she said.

Tuffey denied misleading city leaders.

He urged Morris and others to listen to the tape of the Sept. 27 Public Safety Committee meeting.

"I never lie and I never will lie."

"... I said to you that all the guns we had in our possession were destroyed," Tuffey said.

"I don't know how many guns were purchased. ... I don't know."

"There's no records, guys."

The document reviewed by the Times Union last week showed that four years ago the department had precise records regarding the weapons, including serial numbers, makes and models.

Tuffey said he had never seen the letter written by Wolfgang.

Neither Tuffey nor his two predecessors as chief -- James Turley and Wolfgang -- ever briefed the Common Council about the gun scandal before it was exposed in the Times Union two months ago, several council members said.

Wolfgang, who was chief when the illegal purchases were discovered in December 2002, said he could not recall details of the internal investigation or the letter he wrote to the ATF in January 2003.

"Please be advised that the following weapons, registered with BATF to the Albany City Police Department ... are not accounted for," the letter states, listing 12 guns.

"Currently the departmental records identifying the officers who possessed the weapons cannot be located."

A person in the department who requested anonymity said a few of the guns, but not all of them, were later recovered, after Wolfgang wrote the letter.

"I don't recall the particulars around it."

"My involvement in that investigation was limited," Wolfgang said last week.

"As chief, I suspect that I probably just was the one who had to sign the submission form or report it to the agency."

Wolfgang retired from the department in 2004.

He said the gun investigation was handled by former Public Safety Commissioner John C. Nielsen, who could not be reached for comment, and Assistant Chief Anthony Bruno, who was then in charge of internal affairs.

Dozens of the machine guns were discovered missing from the department during an unrelated federal criminal investigation of a Colonie gun store, B & J Guns, in late 2002.

Most of them were recovered.

Joseph Greene, a spokesman for the New York field division of the ATF, said his agency is not planning to open an investigation into the missing guns.

"They did the right thing notifying ATF, but it still to me is an internal issue," Greene said.

"You've got an internal problem."

"You've got to find your machine guns."

At the recent finance committee meeting Tuffey said there is no urgency.

"Guys, I got to be very blunt with you; this happened 10 years ago."

"I think it's totally unfair that I'm taking the hit," he told the finance committee.

"This is not a priority of mine."

"This is a priority as I get to it."

"My priority since I came in is to cut crime in the city."

But on Friday, Tuffey said he has been working recently with the ATF to clarify the incident.

"How tough do you think it is coming in and finding these things?" asked Tuffey, referring to his return to the department, as chief, in December 2005 after a 10-year absence.

"I'm working myself, personally, with the new acting head of this ATF office so that we can resolve this once and for all."

Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

October 28, 2007

"Technical Difficulties"

Esteemed blog readers - commentors and lurkers alike.

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

This is not, in fact, the case.

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

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

More information as I get it.

Thanks for your patience.

Liz

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

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Thanks for posting that message, EB ....

Letting us know some background facts ...

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

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

And so ....

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

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

October 28, 2007

"Driver's License Fallout Continues"

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

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

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

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

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

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

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

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

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

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

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

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

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

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

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

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

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

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

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

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

And so ....

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

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

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

SO SURRENDER!

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

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

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

SO WE DON'T NEED YOU ...

And so ...

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

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

"Spitzer budget office warns of lower revenues"

By MICHAEL GORMLEY, Associated Press

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

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

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

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

But this year's forecast is getting gloomier.

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

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

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

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

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

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

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

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

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

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

Inflation is about 3 percent.

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

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

Some marquee firms are talking about thousands of layoffs.

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

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

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

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

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

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

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

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

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

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

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

Francis maintains this isn't posturing.

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

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

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

------

On the Net:

http://www.state.ny.us

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

By MICHAEL GORMLEY, Associated Press

First published: Monday, October 29, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Please slay the monster that is John Galt...

I'm begging you!

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

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

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

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

And so ...

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

By MICHAEL GORMLEY, Associated Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"The first objective is security ..."

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

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

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

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

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

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

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

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

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

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

By VALERIE BAUMAN, Associated Press

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

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

And her conviction is costing her.

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

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

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

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

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

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

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

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

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

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

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

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

The proposal is going to the Legislature.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State law sets the reimbursement rates.

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

New York state Medicaid serves 4.1 million people.

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

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

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

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

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

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

------

On the Net:

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

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

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

"HEY, KID!"

"C'MERE, KID!"

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

"HERE, KID!"

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

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

And so ...

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

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

First published: Friday, October 26, 2007

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

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

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

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

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

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

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

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

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

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

That works out to 141,055 youths statewide.

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

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

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

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

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

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

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

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

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

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

"Owens Corning to lay off up to 160 people"

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

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

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

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

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

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

By DEVLIN BARRETT, Associated Press

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

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

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

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

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

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

Now it's different.

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

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

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

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

"Spitzer himself has become toxic," said Muzzio.

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

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

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

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

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

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

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

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

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

The usually loquacious Schumer was even more cautious.

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

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

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

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

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

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

A new passport now costs about $100.

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

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

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

------

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

"A Note From Liz"

An update re: Ongoing technical difficulties ...

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

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

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

Thanks for your patience.

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

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

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

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

First published: Tuesday, October 30, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"It's all about the pricing."

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

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

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

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

Rise and fall

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

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

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

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

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

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

Source: Greater Capital Association of Realtors Inc.

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

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

First published: Tuesday, October 30, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The issue has led to various political scenarios:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"None of that was done."

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

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

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

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

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

First published: Tuesday, October 30, 2007

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

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

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

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

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

Evers countered saying Sabo is wrong.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Staff writer Dan Higgins contributed to this report.

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

By MICHAEL GORMLEY, Associated Press

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

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

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

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

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

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

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

"We're not talking about immigrants."

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

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

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

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

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

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

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

State Republican Chairman Joseph Mondello pounced on that Wednesday:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

------

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

"Spitzer under fire changes administration"

By MICHAEL GORMLEY, Associated Press

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

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

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

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

Gyory will be paid $168,000.

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

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

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

She will be paid $175,000.

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

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

He will be paid $150,000.

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

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

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

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

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

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

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

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

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

Anderson was Spitzer's campaign spokeswoman last year.

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

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

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

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

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

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

The state Public Integrity Commission continues to investigate.

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

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

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

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

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

First published: Thursday, November 1, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

First published: Thursday, November 1, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It also says Legislative approval is needed.

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

THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

"A Matter Of (Law) Degree"

November 1, 2007 at 7:07 pm by Jay Jochnowitz, State Editor

The New York City Bar Association issued a final report today on its recommendations for town and village courts, and, as expected, it proposes that only lawyers be judges, or, at the very least, that local justices get more training and that who aren’t lawyers not deal with matters such as pretrial supression hearings, jury trials in criminal cases, and certain eviction proceedings.

http://blogs.timesunion.com/capitol/?p=5734#respond

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

ITEM: The New York City Bar Association issued a final report today on its recommendations for town and village courts, and, as expected, it proposes that only lawyers be judges, or, at the very least, that local justices get more training and that who aren’t lawyers not deal with matters such as pretrial supression hearings, jury trials in criminal cases, and certain eviction proceedings.

JOHN GALT RESPONDS: The Lawyer's Guild is like a boa constrictor wrapping its coils around us, and squeezing us for all we are worth ...

The very last thing that we need is more lawyers as judges here in NYS ...

Conversely, IF lawyers are going to sit in judgment of us as town judges, then we need a law that bars them from having clients in that same town or county ...

I don't think anything has perverted justice more here in New York State than having local lawyers with a client base in the town serving as judges in that town as well ...

They get to protect their clients, at the expense of justice, by not allowing charges to be filed against them in their court ...

And they get to allow malicious prosecutions of their client's enemies in their courts ...

And so ...

And for an example, I think of judge Raymond Elliott in North Greenbush, Rensselaer County, allowing Rich McNally, the present FRONTRUNNER for Rensselaer County District Attorney today, to maliciously prosecute former Rensselaer County Associate Public Health Engineer Paul R. Plante, P.E. in his court to protect a politically-connected GOON who had run down Plante in a hit-and-run assault in December of 1989 ...

http://www.commongroundcommonsense.org/for...mp;#entry500577

And I think of East Greenbush town judge Kevin J. Engel serving as the defense attorney for an engineer from East Greenbush who was accused of professional misconduct as an engineer ...

http://www.commongroundcommonsense.org/for...mp;#entry699234

Judge Engel used his position to make his client an "UNTOUCHABLE" in that town ...

IF these lawyer's guilds here in NYS want to try and take over our courts, then let them deal with these facts and try to rebut them ...

Let them answer to us, the citizens of this state, as to how they propose to protect us, the honest folks of this state, from themselves, and their rapacity and institutionalized lack of integrity ....

And we would be the biggest damn fools in the world if we were to turn our courts over to the lawyer's guilds ....

JUSTICE FOR US COMMON CITIZENS IN THIS STATE WOULD BE THE VERY FIRST THING TO GO OUT THE DOOR ....

And so ...

Posted by: John Galt | November 2, 2007 8:14 AM

http://www.nydailynews.com/blogs/dailypoli...he_day_138.html

"Undersheriff says ex-anchorman Dague threatened to use a gun - Call allegedly made on Sunday to 911 center over wife's ticket"

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

Last updated: 4:32 p.m., Friday, November 2, 2007

MILTON -- After his wife was pulled over for talking on her cell phone while driving, former WNYT Ch. 13 anchor Ed Dague allegedly called the Saratoga County 911 Center and threatened "to go to the scene with a firearm" if she got a ticket, a law enforcement official said today.

That episode Sunday led to the veteran newsman's arrest Thursday on the misdemeanor charge of second-degree aggravated harassment, according to Saratoga County Undersheriff Michael Woodcock.

Dague's wife was driving on Route 9P in Saratoga in the early afternoon when she was pulled over by a sheriff's deputy, Woodcock said.

She apparently called Dague, Woodcock said, who then called the 911 center.

"Basically, he was very upset," Woodcock said.

The undersheriff didn't have an exact quote, but he summarized Dague's statement to the 911 dispatcher as "that if she were to get a ticket he would have to go to the scene with a firearm."

Dague's wife -- identified by WNYT as Donna Dague -- did get the ticket.

And after an investigation, Woodcock said, Dague was arrested on the harassment charge and released on an appearance ticket for Milton Town Court.

The maximum penalty is a year in jail, a $1,000 fine or both, Woodcock said.

Dague, 64, told the Times Union in an e-mail today that his lawyer had ordered him not to comment.

"I would really like to and I may yet because clearly something outrageous happened," the Stillwater resident said.

"But I just cannot, yet."

Dague added in a subsequent e-mail that he does not own a gun and that his lawyer is his son.

Saratoga County District Attorney James A. Murphy III gave this statement:

"I have been advised there is a charge of aggravated harassment brought by the sheriff's department."

"It is returnable Tuesday in the town of Milton, and certainly before that time, my office will review the file that we will receive from the sheriff's department."

Dague said in an interview with his old employer, WNYT, that his chronic pain was a factor in the episode.

Health problems forced his retirement in 2003.

Dague told the Times Union then that he suffered nearly constant pain from reactive arthritis and a related condition called ankylosing spondylitis, a degenerative rheumatic disease that affects joints, tendons and ligaments, mainly in the neck, back and hips.

His joints and spine have been calcifying and fusing for years.

Dague began his broadcasting career in 1973 at WRGB Ch. 6.

He also worked at WTEN Ch. 10.

Dague writes a blog for the Times Union called In Medias Res about issues facing the local media.

His last post, about television ratings, was Thursday night.

Dague's blog can be found at http://blogs.timesunion.com/eddague.

Marc Parry can be reached at 454-5057 or by e-mail at mparry@timesunion.com. Staff writer Dennis Yusko contributed to this report.

"Cuomo: Appraisers inflated home values"

By MICHAEL GORMLEY, Associated Press Writer

Fri Nov 2, 2:25 AM ET

ALBANY, N.Y. - New York Attorney General Andrew Cuomo said Thursday a major real estate appraisal company colluded with the nation's largest savings and loan company to inflate the values of homes nationwide, contributing to the subprime mortgage crisis.

"This is a case we believe is indicative of an industrywide problem," Cuomo said in a news conference.

Cuomo announced the civil lawsuit against eAppraiseIT that accuses the First American Corp. subsidiary of caving in to pressure from Washington Mutual Inc. to use a list of "proven appraisers" who he claims inflated home appraisals.

He also released e-mails that he said show executives were aware they were violating federal regulations.

The lawsuit filed in state Supreme Court in Manhattan seeks to stop the practice, recover profits and assess penalties.

"These blatant actions of First American and eAppraiseIT have contributed to the growing foreclosure crisis and turmoil in the housing market," Cuomo said in a statement.

"By allowing Washington Mutual to hand-pick appraisers who inflated values, First American helped set the current mortgage crisis in motion."

Washington Mutual said Thursday it is suspending its relationship with eAppraiseIT and that it plans to further investigate the situation.

"We have absolutely no incentive to have appraisers inflate home values," Washington Mutual said in a release.

"We use third-party appraisal companies to make sure that appraisals are objective and accurate."

First American said the lawsuit against its subsidiary "has no foundation in fact or law" and called Cuomo's accusations "specious."

"The attorney general's allegations, largely based on a handful of e-mails that have been taken out of context, or mischaracterized, and an incomplete review of the facts, belie our record of compliance with applicable law," the company said in a prepared statement.

"The program called into question today by the attorney general has been vetted and approved by the federal regulator responsible for oversight of such programs."

Washington Mutual shares slid $2.13, or 7.6 percent, to close at $25.75 on a day when the stock market as a whole, and financial company stocks in particular, stumbled.

First American shares gained 40 cents to $30.50.

About 265,000 loans to individuals and families over 18 months were subject to the inflated assessments, according to Cuomo.

The amount the assessments exceeded true values isn't detailed in the lawsuit.

But the e-mails indicate an early proposal would have increased assessments "5 percent with a cap of $50,000 if it is fully justified," according to Cuomo.

That plan was rejected for the list of "proven appraisers."

An April 26, 2007 e-mail from eAppraiseIT's president to First American stated:

"Sales is the driving force behind the Proven Appraiser List (PAL) which is questionable from a regulatory perspective ..."

"We feel our reputation in the industry is being tarnished by the implementation of the Proven List since Production selects the appraiser."

"It's probably been going on forever," said Terry Dunkin, the president of Appraisal Institute of professional real estate appraisers, who has been working for federal and state reforms.

"It's something that has been more prevalent in recent years with the escalating market."

"It could be 5 percent (above true value), it could be 10 percent, it could be more," Dunkin said.

He said the inflated appraisal by a fraudulent appraiser is as high as the lender wants.

Cuomo said investors were hurt buying mortgages based on inflated property values.

He added that consumers will suffer for years because they were stuck with mortgage payments based on unrealistic values for their properties, a problem that will worsen as housing sale prices drop in much of the country.

Home buyers forced into foreclosure could also end up owing more than they should, Cuomo said.

"And now you have a mountain of personal debt for the rest of your life," he told reporters.

Driven by a hungry market for bonds backed by home loans, mortgage lenders expanded subprime lending dramatically in 2005 and 2006.

In many cases, they made loans to people at low initial "teaser" rates, which reset substantially higher one to three years later at levels some borrowers couldn't afford.

The inability of many of those borrowers to cover loan payments once they reset led to the credit crisis.

More than 50 lenders have gone out of business this year, tens of thousands of people have lost their jobs in the industry, foreclosures have soared nationwide and it has become more difficult for home buyers to get home loans.

"The independence of the appraiser is essential to maintaining the integrity of the mortgage industry," Cuomo said, citing several e-mails between the companies' executives.

"First American and eAppraiseIT violated that independence when Washington Mutual strong-armed them into a system designed to rip off homeowners and investors alike," he said. "

Cuomo said that as a state official he didn't have clear jurisdiction to sue the federally chartered Washington Mutual.

Cuomo said eAppraiseIT and the parent company knew its actions were illegal, citing an April 17, 2007 e-mail from eAppraiseIT's president to First American that said, "We view this as a violation of the OCC, OTS, FDIC and USPAP influencing regulation."

"This is another example where the federal government is asleep at the switch," Cuomo said.

"It runs through the entire mortgage spectrum," he said.

"Everyone is relying on the appraisal ..."

"The appraisal is really the linchpin of the home buying transaction."

"Media spotlight falls on Dague after arrest - News personality becomes the news after police say he threatened to use gun in 911 call"

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

First published: Saturday, November 3, 2007

MILTON -- Ed Dague, a well-respected retired local TV news anchor, became the story Friday as authorities released new details about an alleged threatening phone call that led to his arrest.

After his wife, Donna, was pulled over for allegedly talking on her cellphone while driving, Dague called the Saratoga County 911 Center and threatened "to go to the scene with a firearm" if she got a ticket, a law enforcement official said.

That episode last Sunday led to the former WNYT Ch. 13 anchor's arrest Thursday on the misdemeanor charge of second-degree aggravated harassment, according to Saratoga County Undersheriff Michael Woodcock.

Dague's wife was driving on Route 9P in Saratoga in the early afternoon when she was pulled over by a sheriff's deputy, Woodcock said.

She apparently called Dague, Woodcock said, who then called the 911 center.

"Basically, he was very upset," Woodcock said.

The undersheriff didn't have an exact quote, but he summarized Dague's statement to the dispatcher as "that if she were to get a ticket, he would have to go to the scene with a firearm."

Dague's arrest made for awkward television.

WRGB Ch. 6 reporter Mary Beth Wenger showed up at his Stillwater doorstep.

Her camera rolled as the Dague, dressed in what appeared to be a plaid robe, refused to be interviewed.

Dague, 64, initially told the Times Union he was "under strict lawyer's orders to avoid comment," even though "I would really like to and I may yet because clearly something outrageous happened."

But when the newspaper e-mailed back with a summary of Woodcock's account of his phone call, Dague sent this sarcastic reply:

"Sure, every time my wife gets stopped, I call police and wig out on them."

"For no reason at all, I just do it for the fun of it.

"Does that sound accurate to you?"

"Part of it is right, things left out make a difference, but I cannot say anything on the record."

Dague added two other details: He doesn't own a gun, and his son, Harris, is representing him.

Harris Dague was more guarded than his father.

The 31-year-old Albany lawyer had no comment beyond saying he was working with the Saratoga County district attorney's office to resolve the matter.

Dague was released on an appearance ticket.

The maximum penalty is a year in jail, a $1,000 fine or both, Woodcock said.

A hearing was scheduled for Nov. 20 in Milton Town Court.

In an interview with WNYT, Dague said that he was suffering from chronic pain at the time of the call.

Dague, whose four decades in the local media market date to his undergraduate radio gig at RPI's student station, retired because of health problems in 2003.

Dague told the Times Union then that he suffered nearly constant pain from reactive arthritis and a related condition called ankylosing spondylitis.

The degenerative rheumatic disease affects joints, tendons and ligaments, mainly in the neck, back and hips.

His joints and spine have been calcifying and fusing for years.

He remains in the public eye, nonetheless, and writes a blog for the Times Union -- In Medias Res.

Paul Conti, who worked with Dague for nearly two decades, considered the threat that led to his arrest out of character.

Dague might argue with you, Conti said, but "I've never known him to threaten anybody with physical harm or violence."

Conti knew his old WNYT colleague as an intellectually voracious man whose interests include the Revolutionary War and particle physics.

During his anchoring days, reporters knew they had to be prepared when they did a live report from the field, because if they left out a salient fact Dague would ask about it.

They called that "getting Dagued."

As for the gun Dague allegedly threatened to bring, Conti stressed that "even as a Revolutionary War buff, he doesn't own one.

"I don't think he even owns a BB gun," said Conti, who now teaches at The College of Saint Rose.

Why does the public care when someone like Dague gets arrested?

One expert pointed out that communities derive part of their identity from leaders -- of schools, political institutions and media outlets.

A similar episode might not get beyond the police blotter if it involved other people, said Robert Thompson, professor of television and popular culture at Syracuse University.

But when such things happen to community celebrities, they're "obviously news," he said.

The numbers back him up.

Dague's story attracted 3.5 times the readership of the next-most-popular item on the Times Union's Web site, about a Schenectady car accident.

"The big surprise would have been if this would have happened and it wouldn't have been a big story," Thompson said.

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

THE NEW YORK TIMES - THE PUBLIC EDITOR

"Civil Discourse, Meet the Internet"

By CLARK HOYT

Published: November 4, 2007

WARNING: This column contains rude and objectionable language not normally found in the pages of this newspaper but seen surprisingly often on its Web site.

E-mail: public@nytimes.com
Phone: (212) 556-7652

Address: Public Editor
The New York Times
620 Eight Avenue.
New York, NY 10018

As The New York Times transforms itself into a multimedia news and information platform — the printed newspaper plus a robust nytimes.com offering breaking news, blogs, interactive graphics, video and more — it is struggling with a vexing problem.

How does the august Times, which has long stood for dignified authority, come to terms with the fractious, democratic culture of the Internet, where readers expect to participate but sometimes do so in coarse, bullying and misinformed ways?

The answer so far is cautiously, carefully and with uneven success.

The issue is timely because last week, with very little notice, The Times took baby steps toward letting readers comment on its Web site about news articles and editorials, something scores of other newspapers have long permitted.

On Tuesday, readers were invited to comment on a single article in Science Times and on the paper’s top editorial, using a link that accompanied each.

Few did because there was no promotion of the change, but as the week went on and more articles were opened to comment, participation picked up.

The paper is creating a comment desk, starting with the hiring of four part-time staffers, to screen all reader submissions before posting them, an investment unheard of in today’s depressed newspaper business environment.

The Times has always allowed reader comments on the many blogs it publishes, with those responses screened by the newsroom staff.

That experience suggests what the paper is letting itself in for.

“I didn’t know how big it would become, and I didn’t know how tough it would be to manage,” said Jim Roberts, editor of the Web site.

A particularly hot topic on a blog can generate more than 500 comments — 500, that is, that meet guidelines requiring that a comment be coherent, on point, not obscene or abusive, and not a personal attack.

Though editors have mixed feelings about it, The Times has so far bowed to Web custom by allowing readers to use screen names, as long as they don’t claim to be Thomas Paine, Condi Rice or a famous porn star.

From Arthur Sulzberger Jr., the publisher, on down, executives and editors of The Times use similar language to describe their goal: they want the newspaper’s Web site to nurture a healthy, “civil discourse” on the topics of the day.

“We have two great assets,” said Jonathan Landman, the deputy managing editor who is in charge of the newsroom’s online efforts.

“One is the quality of the material we produce; the other is the quality of our readers, some of the most curious, intelligent and sophisticated people on earth.”

Putting the knowledge of readers together with the journalism of The Times, he said, could result in “news and information of greater power, reach and quality than even a great newsroom can produce on its own.”

That’s the lofty goal, but the real Internet world often falls far short.

Take, for example “Ray in Mexican Colony of LA,” who recently managed to get a comment posted on one blog, The Lede, suggesting that The Times “have all the displaced ILLEGALS from the FIRES Move into the TIMES NYC HQ Building ... and let them urinate in the halls like they do infront [sic] of most every Home Depot in all the rest of the USA.”

(After I pointed this comment out to editors, it was removed.)

After The Caucus, The Times’s politics blog, reported recently that the five organized crime families of New York had voted 3-to-2 not to put out a hit contract on Rudolph Giuliani when he was a crusading United States attorney, a reader with the screen name chopsticks posted this one-word comment: “Recount!”

Another, Geoff, said: “Giuliani is just as corrupt as the MOB so who really cares."

"They should have gotten rid of him!”

And when City Room, the local blog, reported last Tuesday that a spokeswoman for Vice President Dick Cheney said her boss had not seen a Confederate battle flag at an exclusive upstate New York club where he went hunting, some readers responded with comments that included the word “crap,” which would almost certainly never appear in a letter to the editor in the printed newspaper.

“Some things are bound to slip through,” said Kate Phillips, editor of The Caucus.

But she sees a bigger picture.

“Reader engagement enriches our world,” she said.

“I am totally enthralled, astounded by the minds of our readers.”

Yet Phillips said she struggles sometimes with the “intolerance” and “vitriol” she sees in some comments — so much so that on rare occasions “I almost wish we could go back to the days when we never heard their voices.”

Given the current political atmosphere, The Caucus is a magnet for splenetic comments, many of which don’t make it onto the Web site.

A posting by a Times correspondent about Barack Obama is sure to bring out racist submissions.

Mention of Mitt Romney inspires “just horrific misstatements about Mormonism and his own life,” Phillips said.

Wild claims that Hillary Clinton is a murderer don’t make it either.

Several weeks ago, Phillips intervened in a running debate among readers over news that Christian conservatives were talking about supporting a third-party candidate for president.

“Please refrain from the vicious name-calling,” she wrote, “not only against one another but also against one another’s political and religious views and identities."

"The attacks are neither constructive nor instructive and will not be published.”

Some readers chafe under such admonitions.

“You cannot censure speech, however derogatory, mean-spirited, or offending it is,” wrote one, identified as jondom, in February, after another Phillips plea to “stop the name-calling.”

“We need an open dialogue in this country, now more than ever,” jondom said.

Another reader, Mithras, wrote: “Mandating tepid civility in blog comments has an ideological component."

"‘Politeness’ bars sharply worded disagreement by dissenters against those who claim to be authority, but doesn’t usually bar dismissive or patronizing arguments by authority against the dissenters.”

Many major newspapers, like The Washington Post and USA Today, do not have an editor screen comments before posting them.

Those two papers allow other readers to object to a comment as abusive, and then an editor will check it.

But Landman said The Times never considered unmoderated comments.

Martin Nisenholtz, senior vice president for digital operations of The New York Times Company, said:

“A pure free-for-all doesn’t, in my opinion, equal good."

"It can equal bad.”

I believe that’s especially true if you’re The New York Times and you are trying to maintain a rare tradition of civility.

A site with many Rays in Mexican Colony of LA might carry the name of The New York Times, but it would no longer be The New York Times.

http://www.nytimes.com/2007/11/04/opinion/...amp;ref=opinion

"Spending $3M on security, secretly"

Albany, New York Times Union

First published: Monday, November 5, 2007

The state's Office of Homeland Security proudly announced recently that it handed out more than $3 million in federal grants -- but who the money went to is a secret.

All the state will say about the grants is that they went to 43 nonprofit groups in the New York City and Buffalo metropolitan areas.

The money comes from the Federal Urban Area Security Initiative Nonprofit Security Grant Program.

Amy Bonanno, a spokeswoman for the state Office of Homeland Security, said the agency won't release details of who got the grants "for security reasons," because the groups "are considered vulnerable."

That's more than the federal Department of Homeland Security will say.

Earlier this year, the Times Union filed a Freedom of Information request for details on the last round of grants.

Despite repeated phone calls and messages, the agency has yet to even deny the request after more than five months.

Military contractor pleads

A western New York contractor that supplied U.S. soldiers in Iraq pleaded guilty in federal court last week, admitting it cheated the U.S. Defense Department out of millions of dollars.

Christopher Alf, head of National Air Cargo of Orchard Park, is a regular contributor to New York politicians, including Rep. Tom Reynolds, Sen. Hillary Rodham Clinton and Rudy Giuliani, as well as President Bush, giving some $80,000 since 1998.

Under a settlement, the firm will pay more than $28 million in fines, restitution and forfeitures, but Alf won't face any prison time.

A generous governor

It seems to be getting more expensive to attract talent to public service.

Or maybe Democratic Gov. Eliot Spitzer is a generous guy.

Even with inflation factored in, top staffers joining Spitzer's administration are being paid considerably more than those who signed on with former Gov. George Pataki in his first term.

To wit: Zenia Mucha, then 38, became Pataki's director of communications with an annual salary of $105,805 in early 1995.

In 2007 dollars, that sum would be worth $144,745, according to the U.S. Bureau of Labor Statistics.

Christine Anderson, 30, just took the job for Spitzer at $175,000.

And Robert Bellafiore, 34 when he became Pataki's press secretary and Mucha's deputy, was hired at $90,000.

That's $123,124 in today's dollars.

Errol A. Cockfield Jr., 34, comes aboard with Spitzer as press secretary for $150,000.

To be sure, Mucha and Bellafiore made substantially more than their predecessors who worked for Gov. Mario M. Cuomo a month earlier.

Perhaps Spitzer can afford more.

Pataki was dealing with a $5 billion budget deficit almost 13 years ago when he took over for Cuomo.

That is equivalent to a $12.65 billion gap in 2007 dollars, using the CPI inflation calculator of the bureau.

Spitzer is "only" coping with a $4.3 billion deficit.

Once the economy started chugging in 1999, Pataki ended up giving many in his crew a 16 percent raise.

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

"Schumer: use Social Security cards to cut illegal immigration"

By BEN DOBBIN, Associated Press

Last updated: 5:22 p.m., Monday, November 5, 2007

ROCHESTER, N.Y. -- Sen. Charles Schumer sidestepped the heated debate over driver's licenses for illegal immigrants once again Monday, saying the best way to cut illegal immigration is through Social Security cards.

Schumer and fellow New York Democrat Hillary Rodham Clinton have so far avoided endorsing Gov. Eliot Spitzer's plan to offer three types of licenses: one for crossing the Canadian border, another to board domestic flights and a third for illegal immigrants for driving and identity purposes.

The plan is part of a deal struck with the Department of Homeland Security last month to push through the federal Real ID Act, a law to make driver's licenses more secure and keep them out of the hands of would-be terrorists.

Under Spitzer's plan, two types of licenses would meet or exceed the Real ID standards, while the third version would not meet those standards but would be available to illegal immigrants.

Asked about Spitzer's plan, Schumer talked about certain aspects without saying whether he actually supports or opposes it.

"I am for, at the federal level, Real ID, which doesn't countenance illegal immigrants to use driver's licenses for any purpose at all," Schumer said.

He then added that he would fight illegal immigration through Social Security ID cards, which he claimed would cut the flow of illegals by 80 percent.

"The most important thing I've done on this area is I have come up with this proposal for a biometric Social Security card with your picture that everyone would have to present before they got a job," he said.

"If the employer hired someone who didn't present a legitimate card, they'd get huge fines."

Schumer's answer was about as enlightening as the one Clinton gave Sunday, when she said:

"I broadly support what governors like Elliot Spitzer are trying to do."

Left unsaid by both is what they think of the actual Gov. Spitzer and his actual plan.

In western New York, the changes in border rules are closely scrutinized for the potential impact on local tourism and trade.

The Bush administration will require passports to drive across the border beginning in summer 2008, but Spitzer's plan would mean that for an extra fee, New York drivers could get a license that could be used at the border instead of a passport.

In the past, Clinton has said changing the border passport rule to allow driver's licenses doesn't go far enough, because it doesn't do anything for children under 16, many of whom cross the border with youth sports teams.

------

Associated Press Writer Devlin Barrett in Washington, D.C., contributed to this report.

"Driver's license plan could hurt Democrats in local elections"

By VALERIE BAUMAN, Associated Press

Last updated: 4:43 p.m., Monday, November 5, 2007

ALBANY -- A flier shows a menacing man in a turban, his face obscured as he holds an assault style rifle over his shoulder.

On another page, a New York driver's license bears the photograph of a glowering man wearing a traditional Arab headdress.

The flier was distributed by Monroe County Republicans to warn voters in bold red letters that "Democrat county legislators want to make it easier for illegals and terrorists to get driver's licenses!"

As local politicians and their opponents gear up for an off-year election, Gov. Eliot Spitzer's plan to give illegal immigrants driver's licenses has made its way to the forefront of the debate from Buffalo to Long Island.

There are no statewide offices up for election this year but several local races could be affected by the contentious license plan, from county clerks to supervisors to county legislatures.

Democrats in Rochester triumphed in a minor victory Monday when they won a fair election complaint filed against the Republicans for the flier, which warned voters that "illegals could even get welfare benefits, costing taxpayers millions."

"The fact that the Republicans are trying to turn this into a terrorism issue ... is absolutely outrageous," said Ted Nixon, a Democratic candidate for Monroe County Legislature.

"It's racial stereotyping and it has no place at all in the political discussion."

The decision from the Fair Election Practices Committee, which arbitrates complaints about Monroe County elections, will have little impact before Tuesday's elections.

The flier is stamped with "Postmaster: Please deliver by November 3, 2007."

"They did it so late in the game as to render any kind of response on our part obviously impossible," said Democratic Assemblyman Joseph Morelle, who is also the chairman of the Monroe County Democratic Committee.

But many Republicans in Monroe County maintain it is a partisan issue.

"We think the Democrats are putting us at risk for someone who is an illegal immigrant or a potential terrorist -- not that they are the same thing -- to harm our communities," said Noah Lebowitz, the executive director of the Monroe County Republican Party.

Under Spitzer's plan, New York will produce one ID that will be as secure as a passport and is intended for people who soon will need to meet such requirements, even for a short drive to Canada.

A second version will meet new federal standards of the Real ID Act, a law designed to make it much harder for illegal immigrants or would-be terrorists to obtain licenses.

A third type of license will be available to undocumented immigrants.

Spitzer has said this ID will make the state more secure by bringing those people "out of the shadows" and into American society, and by lowering auto insurance rates.

When the county put together local legislation opposing Spitzer's plan, it passed 20-9.

Only three Democrats voted against Spitzer, and they were all involved in elections this year.

In Monroe County, politicians who aren't even running have jumped in the debate.

Monroe County Clerk Cheryl DiNolfo and Sheriff Patrick O'Flynn have both recorded phone messages that ring voters to tell them it is dangerous to give driver's licenses to illegal immigrants.

"If a New Yorker opposes the governor's plan ... they should vote Republican because the Democrats in the state of New York are supporting an ill-gotten plan that threatens not only the state of New York, but our country," DiNolfo said.

Farther west, Erie County Clerk challenger Bill O'Loughlin, a Republican, took out a full-page color ad in Monday's Buffalo News that emphasized his stance against driver's licenses to illegal immigrants.

His opponent, Democratic incumbent Kathleen Hochul, 49, has said she is opposed to Spitzer's plan, despite being appointed to her position by the governor.

"I appreciate his confidence in me, but now I work for the people of Erie County," she said.

She said that Republicans can't argue that Democrats are siding with Spitzer, because so many have spoken out against the driver's license issue.

On Long Island, Republican Joseph Belesi is trying to replace incumbent David L. Mejias in the Nassau County Legislature.

If he wins, it would swing control to Republicans.

Belesi said the license issue is playing a major role in the elections this year, because it resonates with constituents.

A state poll taken at the end of October showed more than 70 percent of New Yorkers opposed Spitzer on the plan.

"Under the current plan, Osama bin Laden could probably get a license in New York state," Belesi said.

Mejias did not return calls Monday.

"McNally's lead narrows in DA's race"

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

Last updated: 4:08 p.m., Friday, November 9, 2007

TROY - With the final canvas of election machines around Rensselaer County completed today, Democrat Richard McNally was still ahead in the district attorney's race, but his lead narrowed.

The final count of the machine vote showed McNally getting 18,595 votes to 18,394 for Republican Greg Cholakis, a 201-vote difference.

On Thursday, when the canvas was half completed, the numbers had McNally ahead of Cholakis 18,481 to 18,179, a 302-vote difference.

Election night tallies had Cholakis ahead by about 300 votes.

The main problem causing the seesaw of results was bad math by poll workers, a common problem every year but more acute this year because the race is so close, officials said.

Democratic Elections Commissioner Ed McDonough said officials sometime next week will huddle to count 1,736 absentee ballots, 324 affidavit ballots and 28 emergency ballots.

What day that will be done though is still up in the air, he said.