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Livyjr
"Town ready to open books in state audit - North Greenbush's troubled water project is set for scrutiny"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

First published: Thursday, February 1, 2007

NORTH GREENBUSH -- State auditors will be at Town Hall today to begin a months-long comprehensive probe into town spending on capital projects, including expenditures for the controversial Water District 14.

An auditor will start the process of reviewing records and interviewing town officials this morning regarding spending on capital projects, said Jennifer Freeman, spokeswoman for the comptroller.

The review is expected to take six months to a year, she said.

The Town Board majority Democrats voted in January to ask the state to perform an audit because of the growing cost of finishing Water District 14, which will serve nearly half of the town.

The original contract approved by voters for building the water district was $6.4 million, but the town has spent more than $700,000 over the contract and the job is still not finished.


Some Democrats have implied Conservative Town Supervisor Mark Evers has inappropriately made several payments without board approval to Casale Excavations, the contractor.

Evers has said he has done nothing wrong and does not want work on the project that is nearly completed to stop for lack of funds.

The most recent controversy was over a $82,333 check that Evers paid to Casale on Dec. 15 that was not reviewed and approved by the Town Board, which is required under state law.
Livyjr
QUOTE(Livyjr @ Oct 16 2006, 04:27 PM) *
"Trying to fly under the radar - Contributors find $99 limit to campaign contributions won't always guarantee anonymity"

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

First published: Monday, October 16, 2006

ALBANY -- The $99 contribution has long been an open secret in the world of campaign finance.

Candidates don't have to reveal the names of people who give less than $100 to their campaigns, making the $99 gift a way to give while remaining anonymous.

But several dozen supporters of Democratic gubernatorial candidate Eliot Spitzer --state workers who openly acknowledge they gave those contributions specifically to conceal their political leanings -- found it doesn't always work that way.

The story of the Capital Region's $99 contributors is as much about the state capital's political culture and its spoils system as it is about money.


It's a culture with long memories, and one in which political loyalty can trump competence in the workplace.

"The reality is that the culture in Albany, the political culture, is that we have a rich tradition of retaliation for dissent," said Marcelle.

QUOTE(Livyjr @ Feb 1 2007, 06:54 AM) *
"Spitzer already having difficulties with Legislature"

By MARC HUMBERT, Associated Press

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

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

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

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

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

Of Teddy Roosevelt ....

And the New York State Assembly .....

And the POLITICAL CULTURE ....

In Albany, New York ....

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

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

By way of a little background ....

And insight ....

Into the character ....

Of Teddy Roosevelt .....

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

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

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

We have ....

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

1883

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

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

He stayed at the Kenmore Hotel on North Pearl Street, a few blocks from the most popular legislative haunt, Broadway's Delavan House.

Since his first term, Roosevelt steered clear of the Delavan BECAUSE OF THE BEER DRINKING ON THE VERANDA, THE WOMEN VISITORS, AND OTHER ACTIVITIES HE CONSIDERED SYMPTOMATIC OF LOW MORALS.

THE DELAVAN WAS THE MOST NOTORIOUS OF THE ALBANY HOSTELRIES THAT CATERED TO THE LAWMAKERS AT THAT TIME; OTHERS INCLUDED THE WINDSOR HOTEL, GLOBE HOTEL, BRUNSWICK HOTEL, DUNLOP HOUSE, STANWIX HALL, AND APARTMENTS IN ALBANY'S CENTER SQUARE NEIGHBORHOOD NEAR TO THE CAPITOL.

No reporters stayed at the Kenmore Hotel with Roosevelt, despite the fact that he had become a media darling; the newspapermen preferred hotels with crowded bars and an active night life.

The staid Kenmore was home to Roosevelt and just four other assemblymen.
Livyjr
QUOTE(Livyjr @ Jan 22 2007, 07:10 AM) *
"Spitzer names Pennsylvania official upstate development czar"

Associated Press

Last updated: 1:42 p.m., Sunday, January 21, 2007

ALBANY -- Gov. Eliot Spitzer has tapped an economic development official from Pennsylvania to head a new Buffalo office that will spearhead efforts to revive the upstate New York economy.

He'll be paid $190,000 a year.

Gundersen's job is "pure dedication to the upstate economy," Spitzer said, and he will have the power and resources to reverse the state's loss of young workers and the frustration of businesses facing high taxes and other competitive disadvantages.

QUOTE(Livyjr @ Feb 1 2007, 06:32 AM) *
"I'M A $@#%%*&&*^^%$@???*&&%$#@* STEAMROLLER, BABY ...."

- Threatening and POMPOUS statement allegedly made to New York State Assemblyman James "JIM" Tedisco by self-styled DICTATOR of New York Eliot Spitzer, as reported to WGY CLEARCHANNELS AM 810 by New York Assemblyman James "JIM" Tedisco, February 1, 2007 and verified by Spitzer in the same news broadcast .....

Here is what we have been waiting for, of course ....

Among a few other issues that are also related to this thing of the "PORK" in New York ....

And multi-million dollar SLUSH FUNDS, of course .......

For the politicians to use for their own purposes ...

And this is in large part why this thread is running ....

To track this issue .....

As it develops further ....

And so ...

Without further ado ...

"Pork adorns new budget - Even before agreements are reached on member-item grants, Gov. Spitzer's proposed 2007-08 spending plan includes billions of dollars for unspecified projects"

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

First published: Friday, February 2, 2007

ALBANY -- Despite his pledge to change the way things are done in Albany, Gov. Eliot Spitzer's budget plan includes billions of dollars in lump sums without saying what the money will being used for, including $600 million in two newly created pots.

Most of the money is from previous deals negotiated by Gov. George Pataki and the Legislature and popularly known as "super pork."

The three top state leaders -- Pataki, Assembly Speaker Sheldon Silver, D-Manhattan, and Senate Majority Leader Joseph L. Bruno, R-Brunswick -- carved the money up under a private agreement, or memorandum of understanding."

They never listed the uses in the budget.

"We noted that even in budget reform, we weren't going back and changing the agreements that had been done in the past, only working on the ones going forward," said Jeffrey Gordon, a spokesman for the Division of the Budget.

The money is in addition to the traditional member-item grant funds that typically total $200 million a year and go unitemized.


Spitzer and the Legislature last month agreed to spell out any uses of such grants in the budget from now on.

Spitzer did not include any money for member items, but lawmakers will likely submit such grants in the legislative budget they fashion as a response to the governor's proposal.

The billions of dollars in Spitzer's budget for unspecified economic development projects represent money reappropriated for pork programs developed since about 1997 under Pataki, said Jeffrey Gordon, a spokesman for the Division of Budget.

Most, if not all of the funds have been committed, for things such as fixing up the Buffalo Bills football stadium in Orchard Park.


However, even though the information exists to itemize the funds, Spitzer's budget does not include the details.

In setting up two $300 million new pots, Spitzer did not subject the funds to the traditional memorandum-of-understanding process.

But as with the previous pork funds, Spitzer does not say who is getting the money.


"Albany is Albany," said Kent Gardner, president of the Center for Governmental Research.

"What's key is that the process be open and transparent, and if this budget has funds contained within it that are going to be allocated any other way, then I'm disappointed."

Spitzer's new pots of money are vague, but intriguing.

One contains $300 million for high technology.

It would go to Empire State Development Corp. for developing and/or expanding an international computer chip research and development center.

The other, also $300 million, would be doled out through a new competitive process under a Capital Approval Board.

ESDC would have to establish rules, goals, and standards, and give preference to projects that provide the greatest economic benefit.


The agency will oversee the board, which will review projects publicly.

It would comprise designees of the Legislature and governor.

Assembly Minority Leader James Tedisco, R-Schenectady, said the vagueness of the previous lump sums and the new ones is troublesome.

"There should be total transparency of what the funding is going to and what the funding is for," he said.

Tedisco has complained about the $3.4 billion in "slush funds" created since 2000 and "controlled by the three men in the room," as the top state leaders are usually called.

The new pots seem like more slush, he said.

"If they're not listed on how the money will be allocated, what the formula will be, that's more of a slush fund," he said.

Senate Republicans say every dollar should be itemized in the budget, but that was not part of the deal that Spitzer and the leaders shook on recently.


Blair Horner, legislative director for the New York Public Interest Research Group, said the budget reform deal only calls for member items to be spelled out.

But, he said, "if itemization is good enough for member items, it should be good enough for everything."

Added Elizabeth Lynam, deputy research director for the Citizens Budget Commission:

"Perhaps they can push a little further to get to the spirit of the reform."

She said Spitzer could include the details when he releases his amended budget this month.

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

Taking Their Lumps

These "lump sum" appropriations appear in Gov. Eliot Spitzer's budget with little or no detail.

Most of the spending would be subject to a "memorandum of understanding" agreed on by Spitzer, Senate Majority Leader Joseph Bruno, and Assembly Speaker Sheldon Silver.

Capital Projects Fund: $75 million for economic development outside cities of 1 million.

Regional Development Program: $90 million for programs

Technology development program: $250 million

Community Service Provider Assistance: $6 million Economic Development and Natural Resource Preservation: $25 million for projects over $500,000 that create jobs or increase business

Strategic Investment Program: $225 million for projects of $250,000 or more involving parks, building preservation, and business incubators for small high-tech companies

Capital Projects: $350 million for projects outside cities of 1 million.

Regional Development: $250 million Capital Projects: $600 million (Assembly's RESTORE Program, $150 million; Senate's GenNYsis program, $150 million; Centers for Excellence (pushed by former Gov. George Pataki), $300 million)

Capital Assistance Program: $300 million (RESTORE, $90 million; GenNYsis, $90 million; Centers for Excellence, $120 million)

Capital Assistance Program: $300 million (split evenly among RESTORE, GenNYsis and Centers for Excellence)

Community Enhancement Facilities Assistance Fund: $425 million for enhancing community facilities

Source: Senate bill S2105 for Executive Budget
Livyjr
QUOTE(Livyjr @ Feb 1 2007, 07:53 PM) *
And while we are on the subject .....

Of Teddy Roosevelt ....

And the New York State Assembly .....

And the POLITICAL CULTURE ....

In Albany, New York ....

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

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

By way of a little background ....

And insight ....

Into the character ....

Of Teddy Roosevelt .....

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

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

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

We have ....

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

1883

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

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

GOVERNMENT .....

SHOULD ONLY BE ....

FOR THOSE ....

WITH THE ABILITY ....

TO BUY THEIR WAY IN ....

IT'S CONSIDERED A SIGN OF CHARACTER, I GUESS ....

THAT YOU BOUGHT YOUR OFFICE ....

IN THIS DAY AND AGE ....

OF CEO's .....

INSTEAD OF PRESIDENTS ....

AND GOVERNORS ....

And so ....

"State campaign contribution limits going up"

By MARC HUMBERT, Associated Press

Last updated: 1:13 p.m., Thursday, February 1, 2007

ALBANY -- A coalition of government reform groups on Thursday decried higher campaign contributions automatically taking effect this month that will allow New Yorkers to give more than $55,000 to candidates for governor and other statewide offices.

"It's more than 10 times the limit you can give to a presidential candidate," noted Rachel Leon, head of the New York chapter of Common Cause.

Federal law allows contributions up to $4,600 from individuals to presidential campaigns.


Under a New York law adopted in 1974, the state Board of Elections must increase the contribution limits every four years based on the inflation rate.

The new limits are adopted following each election for governor.

The coalition renewed its call for lowering the limits and bringing public campaign financing to state elections in New York, an initiative that the state Legislature has refused to adopt in past years.

Gov. Eliot Spitzer, a Democrat, has said he favors such changes.

A study of state campaign finance laws conducted last year by the Brennan Center for Justice at New York University's law school found that of the 37 states that limit individual campaign contributions to gubernatorial candidates, New York's $50,100 limit at the time was the highest in the nation with California second at $44,600 and Ohio third at $20,000.

Spitzer has said he will voluntarily limit donations to his campaign committee to $10,000.

The coalition was encouraged by Spitzer's first budget proposal to the Legislature on Wednesday, which proposed adding 21 positions to the state elections board to help police campaign finance laws.

Board spokesman Lee Daghlian said the entire campaign finance unit currently has only about that many employees and that just four of them are involved in enforcement activities.

Daghlian said while the new state limits were supposed to be posted on Thursday, they will not be implemented until next week to avoid conflicting with Tuesday's special election for a state Senate seat on Long Island.

The higher limits, once in place, would apply to state legislative races and those for statewide office such as governor, comptroller and attorney general.

The coalition said changes will blunt the influence of rich people and wealthy special interests.

"Poor people just don't get their voices heard at the state Capitol," said Mark Dunlea of the Hunger Action Network.

The state League of Women Voters and New York Public Interest Research Group also were part of the coalition.


------

On the Net:

State Board of Elections: http://www.elections.state.ny.us/
Livyjr
QUOTE(Livyjr @ Jan 31 2007, 07:02 PM) *
"It was ....

In the most naked way ....

An assault .....

Not on power ......

Not on wealth .....

BUT SIMPLY AND SOLELY UPON FREE GOVERNMENT ....

GOVERNMENT BY THE COMMON PEOPLE ....

BECAUSE IT WAS GOVERNMENT ....

AND BECAUSE IT YET STOOD ....

FOR ORDER ....

AS WELL AS FOR LIBERTY," Roosevelt wrote.

I don't know how many people in America today even know who Teddy Roosevelt was, anymore ......

It seems that American presidents back past Ronald Reagun aren't considered much anymore ......

And those people who are familiar with Teddy Roosevelt .....

Are familiar with him as an American president ....

And there ......

Well .....

It is my experience .....

That Teddy Roosevelt gets what might be called a "BAD RAP" .....

And I never argue that point, myself ....

How well Teddy Roosevelt did as a president of OUR America .....

I don't believe that Teddy Roosevelt ever set out to be a president of America .....

And he certainly got there by an unexpected route .....

Teddy Roosevelt was essentially THROWN OUT OF NEW YORK STATE POLITICS ......

BY THE REPUBLICAN PARTY ....

By the very simple expedient of having Teddy Roosevelt nominated for VICE PRESIDENT of the United States .......

Which would have stripped Teddy Roosevelt of any power over BUSINESS AS USUAL POLITICS ....

That he might have had in the State of New York ....

As its governor ....

Which position he was holding ....

By WILL OF THE PEOPLE ....

At the time that he was elected vice president ....

And so .....

Had McKinley not died of an assassin's bullet ....

In all likelihood ....

Teddy Roosevelt would have disappeared ....

Into the political obscurity of that office ....

And that would have been that .....

HE WAS GONE FROM THE STATE OF NEW YORK, AS INTENDED ....

And so .....

While I have read some about his presidency ...

And have mixed emotions ....

Teddy Roosevelt is right up at the top of my list .....

When it comes to state governors .....

Along with Al Smith .....

And there is also Teddy's time .....

In the New York State Assembly .....

Where Teddy was successful ....

To the degree that that was possible in that body .....

By crossing party lines to make his alliances ....

With others without power ....

Like himself .....

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

So far as I know, anyway ....

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

And he is well thought of .....

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

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

As the present ROYAL GOVERNOR sees us ....

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

TO VIEW HIS HOLDINGS ....

And so .....
Livyjr
QUOTE(Livyjr @ Jan 29 2007, 07:46 AM) *
WHEN WE ARE TALKING ABOUT "PORK" ....

HERE IN THE STATE OF NEW YORK .....

WE ARE NOT TALKING ABOUT JUST A PART OF THE PIG ....

WE ARE TALKING ABOUT THE WHOLE HOG ....

QUOTE(Livyjr @ Feb 2 2007, 06:05 PM) *
And in the State of New York .....

So far as I know, anyway ....

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

And he is well thought of .....

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

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

As the present ROYAL GOVERNOR sees us ....

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

TO VIEW HIS HOLDINGS ....


And so .....

QUOTE(Livyjr @ Nov 9 2006, 03:20 PM) *
LUKE: So, Clem .....

What'chu think about that city boy Spitzer becoming governor, then?

CLEM: Well, Luke ....

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

IT'LL BE JUST MORE GEORGE ...

And that is that .....

JUST MORE GEORGE ....

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

By MARC HUMBERT, Associated Press

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

ALBANY -- When it comes to Gov. Eliot Spitzer's new budget proposal and the legally mandated revision to state campaign finance contribution limits, it is best to keep in mind New York's official motto: "Excelsior:"

"Always upward."

On Wednesday, Democrat Spitzer presented the state Legislature with his first budget proposal, a $120.6 billion plan for the state fiscal year that begins April 1.

That would be up 6.3 percent from the current fiscal year's budget.

When federal money is subtracted, the increase in state spending would be 7.8 percent.


On Thursday, the state Board of Elections said it would officially adopt new campaign contributions limits later this month that, as required by law, increase every four years by the rate of inflation.

Under the new rules, individuals contributing to a Democratic candidate for governor in 2010 will be able to give more than $55,000 each, up from the $50,100 they could give last year.

Conversely, New Yorkers wanting to contribute to a presidential campaign of, say, Sen. Hillary Rodham Clinton or former New York City Mayor Rudy Giuliani, could give just $4,600 each under federal campaign finance laws.

Of 37 states that set limits for gubernatorial campaign contributions, New York's are the highest, according to a study conducted last year.

There is, of course, no legal requirement that New York's budgets keep up with the rate of inflation, but governors and the Legislature have rarely had any trouble doing just that and more.

In fact, the current budget, the last adopted under Republican Gov. George Pataki, raised state spending by more than 11 percent.

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

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


Some heard a different message Wednesday.

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

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

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

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


In fact, Pataki's first two budgets in 1995 and 1996 each increased state spending by less than 0.5 percent.

In his later years as governor, Pataki often tried to hold down spending only to be thwarted by the Legislature sometimes to the point of lawmakers overriding his vetoes.

The fear among some advocates of spending restraint is that by setting the initial proposal as high as he has, Spitzer is opening things up for a spending spree by the Legislature the likes of which have not been seen since 1984 when state spending increased by more than 12 percent.

Recent history makes clear that budgets do have a way of growing once the Legislature gets their turn at them.


Last year, Pataki proposed state spending grow by 6.6 percent and it wound up rising by 11.2 percent.

In 2003, he proposed having state spending fall by 0.1 percent.

It grew by 9.9 percent.

"I think you've got to be a little bit naive to suggest this is the final budget," said state Assembly Minority Leader James Tedisco, a Schenectady Republican.

------

Marc Humbert has covered New York state government and politics for The Associated Press for more than 25 years. He can be reached via e-mail at: mhumbert(at)ap.org.
Livyjr
"Spitzer looms large in special election for L.I. Senate seat"

By FRANK ELTMAN, Associated Press

Last updated: 10:13 a.m., Saturday, February 3, 2007

MANHASSET, N.Y. -- When voters in the 7th Senate district on Long Island go to the polls in a special election on Tuesday, the names on the ballot will be Republican Maureen O'Connell and Democrat Craig Johnson.

The name voters won't see is perhaps the one with the biggest stake in the election: Gov. Eliot Spitzer.

In office barely a month, Spitzer created the need for the election by naming Republican Sen. Michael Balboni as his homeland security chief, and the new governor believes the race will be a crucial early test of his ambitious reform agenda.

A Democratic victory also could bring Spitzer's party one seat closer to controlling the Legislature.

"He's made the race important to him," Democratic strategist Hank Sheinkopf said.

"Should the Democrats win, it increases his mandate for reform."

"Perceptionally, it makes him even stronger."


The race is considered a possible opening for Democrats, who hold a slight advantage in voter registration in the district.

The GOP now holds a slim 33-28 advantage in the 62-member Senate following the departure of Balboni, who abandoned a possible run for state attorney general last year in part because of concerns it could cost Republicans a seat.

While a Johnson victory would help Spitzer, a win by O'Connell would solidify Senate Majority Leader Joe Bruno's leadership in the legislature, political observers say.

Voters in the Nassau County district have been deluged with mailings and the airwaves have been inundated with commercials from both sides.

The race was considered one of the most expensive in state history for a legislative seat, with more than $1.5 million already spent a week before Election Day.

Long Island earned a national reputation in the decades after World War II as a Republican stronghold, but in recent years Democrats have ticked off impressive victories for county executive and district attorney in Nassau and Suffolk, and hold four of the island's five congressional seats.

Despite that, they have yet to crack the GOP's domination in the state Senate, where all eight incumbents are Republican.

In his first appearance on Long Island after being sworn in, Spitzer did not mince words about the election being "a thumbs up or a thumbs down" on his reform agenda.

"If you support that agenda, you must vote for Craig Johnson."

He also has taped a television commercial for Johnson, linking his agenda to the Democrat's election.


But the governor isn't the only one with his fingerprints on this campaign.

New York City Mayor Michael Bloomberg contributed $75,000 to the Republicans to help O'Connell, and interest groups as varied as NARAL Pro-Choice America and the New York State Troopers Association have chimed in (NARAL for Johnson, troopers for O'Connell).

O'Connell, a former Republican state assemblywoman and the current Nassau County clerk, said property tax reform was the biggest issue in the campaign.

She said the state Legislature should "cap" spending by local school districts, and said schools should consider "bulk buying" of supplies to cut costs.

She opposes construction of a third rail line being proposed by the Long Island Rail Road through central Nassau County and is against the construction of a liquefied natural gas terminal being proposed for the middle of Long Island Sound.

Johnson was first elected to the county legislature in 2000, filling the seat of his late mother Barbara, who died of breast cancer.

Johnson backs Spitzer's $6 billion property tax cut but defended his vote for a 19 percent tax increase to help Nassau County out of a fiscal crisis in 2002.

"We brought this county back from the brink of bankruptcy," he said.

Despite Spitzer's support of a third LIRR track in central Nassau, Johnson said he is opposed to the project and notes this is one area where he will not vote in lockstep with the governor.

"If the governor asks me to jump, I am not going to ask how high," he said.
Livyjr
"Sides trade charges in Senate race - Democrats say Republican falsely used Homeland Security seal; GOP claims rivals bought party line"

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

First published: Saturday, February 3, 2007

With a hotly contested state Senate election on Long Island four days away, charges of criminal violations flew in both directions Friday.

The Democratic Spitzer administration alleged Republican Maureen O'Connell may have broken the law by using the state Office of Homeland Security seal in a campaign mailer.

State GOP Chairman Joseph Mondello charged Democrat Craig Johnson "purchased" the Working Families party's ballot line for $225,000.


O'Connell's mailer on terrorism featured an undated photo of her with the state's new homeland security czar, Michael Balboni -- a Republican who gave up the Senate seat for the Spitzer administration post, forcing Tuesday's special election.

"It is completely inappropriate for a political candidate to use a falsified state seal in the context of a political campaign," said Dennis Michalski, spokesman for the Office of Homeland Security.

O'Connell spokesman Mike Arens said no law was broken, adding, "If there should be any concern about a law that was broken, it should be about buying the WFP line."

Arens was referring to a flap over payments to the Workers Family Party, including $55,000 from Johnson's campaign Jan. 16 -- the day he officially landed the WFP ballot line, although the party's executive committee had voted to endorse him on Jan. 10.

Johnson has since given the WFP another $110,000.


Spitzer's campaign gave it $60,000.

Mondello called the timing of the contributions highly suspicious and said he asked Nassau County District Attorney Kathleen Rice, a Democrat, to determine if the payments were in exchange for the party's endorsement in the special election, a potential felony.

Suffolk County WFP Chairman Chuck Pohanka also called for a federal investigation into the circumstances surrounding the endorsement.


WFP Executive Director Dan Cantor noted the party has mainly endorsed Democrats over the years.

"For anyone to be surprised that we endorsed a Democrat in such an important election where the candidates are so clearly differentiated is preposterous," he said.

The WFP is doing field work for Johnson, knocking on doors, dropping literature, and so forth.

The race is considered critical by both major parties.

Democrats hold all statewide posts and control the Assembly; Republicans hold the Senate by just three seats.

Elizabeth Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.
Livyjr
The sub-title of this thread .....

"Thoughts of an older American on constitutional government in the USA" .....

Is really what defines the scope of this thread ....

The "PORK" in New York ....

Is the trigger .....

The WHY .....

WHY there is now this thread .....

WHY I am not out there in the world ....

Or CYBERSPACE .....

Doing something different ....

WHY I am in here, instead .....

Talking ....

As an older American .....

About the "PORK" in New York .....

Where we now have "SUPERPORK", as well ....

Which is just another name for an UNCONSTITUTIONAL SLUSH FUND .....

Here in the PORK-O-CRACY .....

And since this thread is really about CONSTITUTIONAL GOVERNMENT .....

This following article from the OP-ED pages of the New York Times seems appropriate to this discussion ....

As it raises some of the very issues that have caused me ....

A disabled combat veteran .....

Who took an oath to protect and defend the Constitution .....

To have these thoughts on OUR RAPIDLY-DEPARTING .....

FORM OF CONSTITUTIONAL GOVERNMENT ....

Both here in the State of New York .....

And in the United States of America as well .....

And so .....

Without further ado ....

NY TIMES

Op-Ed Contributor

"At Ease, Mr. President"

By GARRY WILLS

Published: January 27, 2007

Evanston, Ill.

WE hear constantly now about “our commander in chief.”

The word has become a synonym for “president.”

It is said that we “elect a commander in chief.”

It is asked whether this or that candidate is “worthy to be our commander in chief.”


But the president is not our commander in chief.

He certainly is not mine.

I am not in the Army.


I first cringed at the misuse in 1973, during the “Saturday Night Massacre” (as it was called).

President Richard Nixon, angered at the Watergate inquiry being conducted by the special prosecutor Archibald Cox, dispatched his chief of staff, Al Haig, to arrange for Mr. Cox’s firing.

Mr. Haig told the attorney general, Elliot Richardson, to dismiss Mr. Cox.

Mr. Richardson refused, and resigned.

Then Mr. Haig told the second in line at the Justice Department, William Ruckelshaus, to fire Cox.

Mr. Ruckelshaus refused, and accepted his dismissal.

The third in line, Robert Bork, finally did the deed.

What struck me was what Mr. Haig told Mr. Ruckelshaus, “You know what it means when an order comes down from the commander in chief and a member of his team cannot execute it.”

This was as great a constitutional faux pas as Mr. Haig’s later claim, when President Reagan was wounded, that “Constitutionally ... I’m in control.”


President Nixon was not Mr. Ruckelshaus’s commander in chief.

The president is not the commander in chief of civilians.


He is not even commander in chief of National Guard troops unless and until they are federalized.

The Constitution is clear on this:

The president shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”


When Abraham Lincoln took actions based on military considerations, he gave himself the proper title, “commander in chief of the Army and Navy of the United States.”

That title is rarely — more like never — heard today.

It is just “commander in chief,” or even “commander in chief of the United States.”

This reflects the increasing militarization of our politics.

The citizenry at large is now thought of as under military discipline.


In wartime, it is true, people submit to the national leadership more than in peacetime.

The executive branch takes actions in secret, unaccountable to the electorate, to hide its moves from the enemy and protect national secrets.

Constitutional shortcuts are taken “for the duration.”

But those impositions are removed when normal life returns.

But we have not seen normal life in 66 years.

The wartime discipline imposed in 1941 has never been lifted, and “the duration” has become the norm.

World War II melded into the cold war, with greater secrecy than ever — more classified information, tougher security clearances.

And now the cold war has modulated into the war on terrorism.


There has never been an executive branch more fetishistic about secrecy than the Bush-Cheney one.

The secrecy has been used to throw a veil over detentions, “renditions,” suspension of the Geneva Conventions and of habeas corpus, torture and warrantless wiretaps.

We hear again the refrain so common in the other wars — If you knew what we know, you would see how justified all our actions are.

But we can never know what they know.

We do not have sufficient clearance.


When Adm. William Crowe, the former chairman of the Joint Chiefs of Staff, criticized the gulf war under the first President Bush, Secretary of State James Baker said that the admiral was not qualified to speak on the matter since he no longer had the clearance to read classified reports.

If he is not qualified, then no ordinary citizen is.

We must simply trust our lords and obey the commander in chief.

The glorification of the president as a war leader is registered in numerous and substantial executive aggrandizements; but it is symbolized in other ways that, while small in themselves, dispose the citizenry to accept those aggrandizements.

We are reminded, for instance, of the expanded commander in chief status every time a modern president gets off the White House helicopter and returns the salute of marines.


That is an innovation that was begun by Ronald Reagan.

Dwight Eisenhower, a real general, knew that the salute is for the uniform, and as president he was not wearing one.

An exchange of salutes was out of order.


(George Bush came as close as he could to wearing a uniform while president when he landed on the telegenic aircraft carrier in an Air Force flight jacket).

We used to take pride in civilian leadership of the military under the Constitution, a principle that George Washington embraced when he avoided military symbols at Mount Vernon.

We are not led — or were not in the past — by caudillos.


Senator Daniel Patrick Moynihan’s prescient last book, “Secrecy,” traced the ever-faster-growing secrecy of our government and said that it strikes at the very essence of democracy — accountability of representatives to the people.

How can the people hold their representatives to account if they are denied knowledge of what they are doing?

Wartime and war analogies are embraced because these justify the secrecy.

The representative is accountable to citizens.

Soldiers are accountable to their officer.

The dynamics are different, and to blend them is to undermine the basic principles of our Constitution.

Garry Wills, a professor emeritus of history at Northwestern, is the author, most recently, of “What Paul Meant.”
Livyjr
QUOTE(Livyjr @ Jan 22 2007, 05:45 PM) *
And by way of some official history, here .....

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

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

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

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

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

The governor was required to report on the condition of the State at each legislative session, could convene the legislature in special session, prorogue it, and recommend matters for legislative consideration.


The constitution provided for the election of the governor by freeholders for a three-year term, with no limit placed on the number of terms an individual might serve.

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

QUOTE(Livyjr @ Feb 2 2007, 06:05 PM) *
So far as I know, anyway ....

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

And he is well thought of .....

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

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

As the present ROYAL GOVERNOR sees us ....

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

TO VIEW HIS HOLDINGS ....

And so .....

QUOTE(Livyjr @ Jan 22 2007, 08:26 AM) *
And in many ways ...

The original thoughts that lead to this time and place ....

Begin back in or around 1965 ....

Or 1966 ....

With the words to a song as follows:

There's something happening here ....

What it is ain't exactly clear ....

There's a man with a gun over there ....

TELLING ME I'VE GOT TO BEWARE ...


Now .....

Since that time ....

When I had just graduated from high school ....

AS AN AMERICAN CITIZEN ....

SCHOOLED IN THIS NATION'S HISTORY ....

FROM THE DECLARATION OF INDEPENDENCE FORWARD .....

There has been a lot of water over the dam, so to speak, here in OUR America .....

WHICH IT IS .....

"OUR" AMERICA ....

The America of its PEOPLES ....

Which is not the exclusive "property" or "possession" of CZARS who answer to no one at all and self-styled ROYAL GOVERNORS and such ....

WHO CAN TAKE A PAIR OF SCISSORS TO OUR CONSTITUTIONS ....

AND CUT THEM UP INTO DOILIES ....

THAT WHEN LOOKED AT CLOSELY ....

SEEM TO RESEMBLE THE IMAGE ....

OF A CLOSED FIST .....

WITH ITS KNUCKLES FACING US ....

AND ITS MIDDLE FINGER RAISED ....

RIGHT IN OUR FACES ....

And so ....

QUOTE(Livyjr @ Feb 4 2007, 03:35 PM) *
We used to take pride in civilian leadership of the military under the Constitution, a principle that George Washington embraced when he avoided military symbols at Mount Vernon.

We are not led — or were not in the past — by caudillos.

Senator Daniel Patrick Moynihan’s prescient last book, “Secrecy,” traced the ever-faster-growing secrecy of our government and said that it strikes at the very essence of democracy — accountability of representatives to the people.

Caudillo

From Wikipedia, the free encyclopedia

Caudillo is a Spanish (caudilho in Portuguese) word designating "a political-military leader at the head of an authoritative power."

It is usually translated into English as "leader" or "chief," or, more pejoratively, "dictator" or "strongman."


Origin

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

Effective caudillismo depends on a personality cult.


The root of caudillismo lies in Spanish colonial policy of supplementing small cadres of professional, full-time soldiers with large militia forces recruited from local populations to maintain public order.

Militiamen held civilian occupations but assembled at regular times for drill and inspection.

Their salary from the Crown was a token; their recompense was in prestige, primarily because of the fuero militar ("military privilege"), that exempted them from certain taxes and obligatory community work assignments (compare the feudal corvée), and more significantly, exempted them from criminal or civil prosecution.

Away from colonial capitals, the militias were at the service of the criollo landowners.

Leadership

Charismatic image

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

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

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

A similar phenomenon in Italy from the 13th to the 16th century repeatedly brought the condottiere, the charismatic leader of a band of mercenaries, to power, when institutions of power temporarily failed.


Gaining of support

In the upheavals of the decades of revolution and its aftermath, leaders who were able to draw to themselves bands of loyal followers and keep them well armed and otherwise well cared for could assume the title of "general."

Caudillos began to attain this power in the course of the South American Wars of Independence, where the militias did much of the fighting and earned a heroic reputation.

The caudillos used their small armed bands to overthrow the vulnerable newly independent states in South America.

If these caudillos were not always welcome, also they were not generally publicly condemned.

Some were large landowners (hacendados) who sought to secure their private interests, but more typically they began as vigilantes keeping the local peace for the hacienda, then gained independence of action and developed an anti-oligarchic public stance and finished by supporting an acquiescent establishment that included the Catholic Church.

Government Structure

Since the caudillo typically held power by controlling a patronage network that brooked no rival structure, some caudillos took up an anti-clerical stand.

Many of the caudillos used their newly gained power, which was unchecked because it was extra-constitutional, to promote their own wealth and interests.


At the height of caudillismo, as in Venezuela, the national army was rendered superfluous by the personal armies of the caudillos: in 1872 Venezuela's federal troops were dismissed entirely.

Some Famous Caudillos

A few examples of powerful Caudillos in the Americas during the early 1800s include Juan Manuel de Rosas and Juan Facundo Quiroga in Argentina, Antonio López de Santa Anna in Mexico, José Rafael Carrera in Guatemala, and José Gaspar Rodríguez de Francia, "El Supremo," in Paraguay.

In Venezuela, a century of caudillismo was initiated with the 1848 coup of José Tadeo Monagas who ruled Venezuela in partnership with his brother, followed after the Federal War by the rule of Antonio Guzmán Blanco, but the tradition of caudillismo has lingered; after the coup by which the designated vice-president Juan Vicente Gómez overthrew the elected president, Gómez ruled Venezuela by his personal authority until his death.

Well-known later caudillos have included Gabriel García Moreno in Ecuador and Rafael Trujillo in the Dominican Republic.

The strongman with a military following who controls political developments continues to be an unsettling factor in Latin American societies.

The Spanish ruler Francisco Franco used from 1936 the title "Caudillo de España, por la gracia de Dios," echoing (as usual at that times) the titles "Führer" and "Il Duce."

English speakers are reluctant to use the term "caudillo," which they imagine must have pejorative connotations; in Spain, it resounded of the old warriors of history.

The word had already been used for key men like the Cid Campeador and, in retrospect, Viriathus.

Franco's contemporary Juan Domingo Perón, however, had to fight the connotation of the uncultivated Argentinian caudillos of the 19th century.

In spite of the nationalism of Peronism, the supporting press used the Anglicism líder (from English "leader").

The death of Cirilo Vázquez, a cacique from Acayucan, Veracruz, made headlines in newspapers in Mexico and the United States.

Final Comments

Caudillos are remembered with admiration in popular nationalist histories: Rosas rose from being one of the largest and most productive ranchers in the area; Santa Anna was Mexico's greatest military leader, as well as a tyrant, best known for his triumph at the Alamo; the Monagas brothers abolished slavery; Dr. Francia was a creole with an advanced law degree who used only three men in his leading of the country.

Retrieved from "http://en.wikipedia.org/wiki/Caudillo"
Livyjr
QUOTE(Livyjr @ Feb 4 2007, 04:02 PM) *
The related caudillismo is a cultural phenomenon that first appeared during the early 19th century in revolutionary South America, as a type of militia leader with a charismatic personality and enough of a populist program of generic future reforms to gain broad sympathy, at least at the outset, among the common people.

Effective caudillismo depends on a personality cult.

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


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

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


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

QUOTE(Livyjr @ Feb 3 2007, 07:08 PM) *
"State spending tracks motto, 'Excelsior' or always upward"

By MARC HUMBERT, Associated Press

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

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

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


Some heard a different message Wednesday.

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

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

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

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

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

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

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

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

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

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

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


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


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

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

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

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

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

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


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

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


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

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

"But everybody has their own ideas on reform."

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

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


There is no shortage of fights.

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

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

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

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

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

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

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

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

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

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

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

"It's how you get there."
Livyjr
QUOTE(Livyjr @ Oct 19 2006 @ 05:36 AM)
UNITED STATES SUPREME COURT

GARCETTI et al. v. CEBALLOS

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

No. 04-473. 

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

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


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

QUOTE(Livyjr @ Jan 25 2007, 08:09 AM) *
And to further "flesh that out" .....

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

Let us go ....

For the moment .....

To ARTICLE 460 ....

Of the New York State Penal Law ....

Which is entitled ENTERPRISE CORRUPTION ...

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

Entitled ORGANIZED CRIME CONTROL ACT ....

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

Is as follows:

S 460.00 Legislative findings.

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

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

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

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

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


end quotes

SO!

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

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

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

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

QUOTE(Livyjr @ Oct 19 2006 @ 06:30 PM)
"The GOVERNMENT EMPLOYER AS A CRIMINAL ENTERPRISE, Livyjr ..."

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


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

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

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

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

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

"Who like your PLAINTIFF ..."

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

"To be silent about it ..."

"TO DO AS THEY ARE TOLD ..."

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

"STRIP THEM OF ALL CITIZENSHIP RIGHTS ..."

"AND CRUSH THEM ..."


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

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

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

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

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

"The COURTS ..."

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

"Will protect this CRIMINAL ENTERPRISE ..."

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

"As your PLAINTIFF clearly did ..."

"SEVERAL TIMES ..."

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

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

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

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

"THE GOVERNMENT ...."

"AS EMPLOYER ..."

"INDEED ..."

"HAS FAR BROADER POWERS ...."

"THAN DOES THE GOVERNMENT AS SOVEREIGN ..."

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

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

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

QUOTE(Livyjr @ Oct 16 2006 @ 06:06 PM)
"First Amendment Sometimes Left at Workplace Door"

By Stephen Barr

Thursday, June 1, 2006; Page D04

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

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

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

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


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

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

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

First published: Monday, February 5, 2007

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

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

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

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

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

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

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

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

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

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


Among her allegations:

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

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

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

He died in 2005.

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

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


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


She sued in federal court, seeking reinstatement.

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

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

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

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

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

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

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

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

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

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


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

Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.
Livyjr
"Misdemeanor charges in Ethan Allen sinking - Warren County DA lays blame on state for tragedy"

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

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

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

Hogan laid the blame on the state for the tragedy.

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


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

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

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

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

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

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

The grand jury investigation was the third into the tragedy.

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

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

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

"EL CAUDILLO" .....

Eliot Spitzer ....

And in the other corner .....

The man they call .....

"THE IRON DUKE" .....

Joe Bruno .....

At the sound of the bell .....

"LI Senate race heads to finish line"

By FRANK ELTMAN, Associated Press

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

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

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


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

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

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


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

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

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

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


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

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

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

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


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

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

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


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

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

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

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

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

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

The move is seen as moving the former mayor a step closer to officially joining the race for the Republican nomination for governor.
Livyjr
"Bloomberg and others chime in on New York state budget"

By MARK JOHNSON, Associated Press

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

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

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

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


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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

------

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

=
Livyjr
QUOTE(Snuffysmith @ Feb 5 2007, 07:51 PM) *
"We’re not a democracy ....."

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

"And a slander ...."

"To the idea of democracy ...."

"To call us that ....."

"In reality ....."

"We’re a plutocracy ...."

"A government ...."

"By the wealthy .....”


- Ramsey Clark, former U.S. Attorney General

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

Well said, indeed .....

WE, THE PEOPLE ....

Are happenstance ...

GOVERNMENT ....

Of .....

By ....

And FOR ....

The PEOPLE ....

Was a thought ....

That never became a reality ...

Or if it did ....

It was lost along the way ....

From there ....

To here ....

And so ....
Livyjr
QUOTE(Livyjr @ Dec 23 2006, 08:28 AM) *
Well ....

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

He sure has succeeded .....

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

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

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

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

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

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

Since it need not be ....

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

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

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

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

Know where to put a dollar .....

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

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

And towards that end ....

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

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

But they say up here ......

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

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

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

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

And so ....

But as I say .....

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

And so ...

For the moment .....

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

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

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

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

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

And so ....

QUOTE(Livyjr @ Dec 23 2006, 04:55 PM) *
"Livyjr, in the light of the past experience that people up there where you are have had with the Federal Bureau of Investigation, and the Office of the United States Attorney, and this Senator Joseph Bruno, and a federal Hobbs Act investigation that was apparently suddenly terminated by the Office of the United States Attorney for the Northern District of New York when the name of this Senator Joseph Bruno came into it in connection with questionable practices in the Rensselaer county Department of Health which were having an adverse impact on the lives, health and property of the people of Rensselaer County in New York State ....."

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

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


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

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

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

HHHhhhmmmm .....

GAMING THE SYSTEM .....

Joe Bruno calls a BIG press conference ...

BIG FBI INVESTIGATION, FOLKS .....

BUT IT'S NOTHING .....

And then ....

SHADES OF 1989 .....

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

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

Some with GLEE ....

Joe Bruno's PARTISANS ....

And they are many, actually ....

And the rest .....

Well ...

I would say with TREPIDATION .....

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

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

Just a short year ago .....

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

PUT ITS SEAL OF APPROVAL .....

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

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

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

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

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

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

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

BY THE "STATE" ITSELF ....

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

WHO GET THAT WAY .....

BY PROCURING PROTECTION .....

FROM ELECTED OFFICIALS IN NEW YORK STATE ...

And so ....

GIVEN ALL OF THAT PRIOR HISTORY ....

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

IN EITHER THE FEDERAL BUREAU OF INVESTIGATION ....

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

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

To personally apologize to Joe Bruno .....

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

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

STARTING WITH THE PARTISANS OF JOE BRUNO ....

Who are many ....

And very powerfull .....

And so .....

QUOTE(Livyjr @ Dec 22 2006, 07:20 PM) *
Yes, indeed .....

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

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

To these federal prosecuutors .....

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

Because F. Stewart Jones ......

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

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

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

That makes it plain as day .....

That the SELLING OF PROTECTION .....

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

IS ACCEPTABLE .....

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

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

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

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

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

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

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

And so .....

It is our expectation ......

That right now .....

As we are speaking in here .....

F. Stewart Jones .....

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

Is working his contacts diligently ......

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

To get a federal judge .....

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

On the grounds .....

That "BIG JOE" Bruno .....

Is only engaging in conduct ......

That has already been approved .....

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

And so ....

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

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

First published: Tuesday, February 6, 2007

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

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

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

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

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


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

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


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

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

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

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

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

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

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

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

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

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

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

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


Anything that dilutes absolutism is a plus, Jones said.

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

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


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

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

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

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


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


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

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

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

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


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

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

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

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

Morgan Bolton can be reached at 434-2403 or by e-mail at mbolton@timesunion.com.
Livyjr
QUOTE(Livyjr @ Feb 5 2007, 07:29 AM) *
"Spitzer takes budget to public; Albany girds for fight"

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

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

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

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

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


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

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

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


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

"Comptroller’s Election Nears"

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

Albany, New York Times Union

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

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

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

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

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


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


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

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

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

“I like Tom DiNapoli a lot.'’

As to when a legislative vote on comptroller would take place, Bruno said “we’re prepared tommorrow.'’
Livyjr
QUOTE(Livyjr @ Feb 1 2007, 07:53 PM) *
From p.104 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl .....

1883

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

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

QUOTE(Livyjr @ Feb 5 2007, 06:47 PM) *
"Bloomberg and others chime in on New York state budget"

By MARK JOHNSON, Associated Press

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

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

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

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

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

If "EL CAUDILLO" .....

Eliot Spitzer .....

Lord Cornbury ....

The ROYAL GOVERNOR ....

Up from New York City ....

To view his possessions and holdings ....

In upstate New York .....

Including the colonial legislature .....

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

And Sheldon Silvers .....

Were to have been governor .....

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

OR ....

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

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

And "EL CAUDILLO" Spitzer ....

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

It is my thought ....

And my bet ....

That unlike Jim Tedisco ....

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

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

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

And then ....

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

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

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

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

As he walked away .....

A TRUE PROTECTOR .....

OF GOVERNMENT ....

OF ....

BY ....

AND FOR ....

THE PEOPLE ....

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

And so ....
Livyjr
QUOTE(Livyjr @ Feb 5 2007, 06:37 PM) *
In this corner .....

"EL CAUDILLO" .....

Eliot Spitzer ....

And in the other corner .....

The man they call .....

"THE IRON DUKE" .....

Joe Bruno .....

At the sound of the bell .....

And the winner is ....

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

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

First published: Wednesday, February 7, 2007

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

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

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

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


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


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

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

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

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

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

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

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

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

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

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

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


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

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


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

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

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

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


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

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

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

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

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

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

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


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


Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.
Livyjr
QUOTE(Livyjr @ Feb 7 2007, 07:53 AM) *
"Spitzer's Senate choice wins - Victory in Nassau County for governor's handpicked candidate is a blow to Bruno"

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

First published: Wednesday, February 7, 2007

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

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

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

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

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

"It’s Done"

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

Albany, New York Times Union

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

Now a receiving line is forming at DiNapoli’s seat as lawmakers queue up to congratulate him - including those who voted in favor of NYC Finance Commissioner Martha Stark, a number of whom went out of their way to praise DiNapoli and say that their votes weren’t so much against him as they were in support of “reform” and “the process” championed by Gov. Eliot Spitzer.
Livyjr
"Warning the Legislature - Picking a fellow lawmaker over three more qualified candidates for comptroller would be an act of audacity"

Albany, New York Times Union

First published: Wednesday, February 7, 2007

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

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

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


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

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

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

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

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

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

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

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


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


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

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

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

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

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

But more is on the line as the Legislature prepares to fill that job, namely how far New Yorkers can trust it and what lengths they might have to go to fix it when the 2008 elections come around.
Gabrielle
QUOTE
"During those 200 years, these nations always progressed through the following sequence:

1. From bondage to spiritual faith;

2. From spiritual faith to great courage;

3. From courage to liberty;

4. From liberty to abundance;

5. From abundance to complacency;

6. From complacency to apathy;

7. From apathy to dependence;

8. From dependence back into bondage ...


What happens after bondage? Seems maybe we've been back to bondage and into spriritual faith again. Maybe great courage is where we're headed next. Maybe the cycle just repeats itself, AB.
Livyjr
QUOTE(Gabrielle @ Feb 7 2007, 10:02 PM) *
Maybe the cycle just repeats itself, AB.

Ah, THE GREAT UNKNOWN .....

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

At least to me .....

And no one can prove ...

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

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

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

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

THAT HISTORY ....

IS A STUDY OF PEOPLE ....

WHETHER THEY ARE NAMED ....

OR NOT ....

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

Setting up EMPIRES ....

And all that seeming balderdash ...

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

And so ...

HISTORY IS DIRECTLY RELATED TO HUMAN PSYCHOLOGY ....

WHAT SOME PEOPLE WILL DO TO OTHERS ....

WHAT SOME PEOPLE CAN STAND ....

BEING DONE TO THEM ....

BY OTHERS ....

And it must be considered ....

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

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

1787 .....

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

Great Britain ....

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

And back then ...

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

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

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

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

People like Thomas Jefferson .....

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

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

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

And so ...

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

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

And the point that I make ..

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

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

The delegates were largely classically trained .....

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

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

In the face of this cycle ....

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

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

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

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

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

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

WITH A MINIMUM OF DISRUPTION .....

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

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

WHEN IT FAVORS THEM .....

As you likely know, Gabrielle ....

Human behavior is like a CONSTELLATION ....

Psychologists predict the behavior of groups ....

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

So that forces imposed by one group ....

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

Spawn further forces .....

That sometimes might enhance a society ...

Or a civilization ....

But at the same time ....

Might also engender its downfall ....

At least in the case of Rome ....

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

I posted that bit about the cycle ....

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

TO ME ....

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

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

Always with the title "SCARY" ....

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

"HOW LONG DO WE HAVE?"

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

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

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

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

Then as a citizen of America ....

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

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

As a human being ...

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

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

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

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

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

And so .....

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

Then those others in that same group ....

Would be like-minded ....

And so ...

There could be harmony among us ....

AT THE SAME TIME, HOWEVER ....

POLITICALLY .....

"WE" COULD BE DISENFRANCHISED ....

AND SUBJECT TO PERSECUTION AS A MINORITY ....

AND DISCRIMINATION ....

From some other group ....

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

As opposed to DEMOCRACY .....

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

AND BEING PERSECUTED .....

LIKELY WE ARE IN A DEMOCRACY ....

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

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

A rebellion occurs ....

Sometimes violent ....

Sometimes not .....

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

And then .....

The "cycle" starts anew ....

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

And so ....
Livyjr
QUOTE(Livyjr @ Feb 8 2007, 07:56 AM) *
And then .....

The "cycle" starts anew ....

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

And so ....

QUOTE(Livyjr @ Feb 1 2007, 06:54 AM) *
"Spitzer already having difficulties with Legislature"

By MARC HUMBERT, Associated Press

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

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

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

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

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

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


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

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

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

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

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

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

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


Sheinkopf said Spitzer will have to adjust.

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

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

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

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

QUOTE(Livyjr @ Jan 22 2007, 05:45 PM) *
And by way of some official history, here .....

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

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

According to OUR New York State Constitution ...

EXECUTIVE BRANCH

Office of Governor

Current Functions.

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

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

Organizational History.

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

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

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


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

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

QUOTE(Livyjr @ Dec 30 2006 @ 07:06 PM)
"Spitzer prepares to take over after 12 years of Republican rule"

By MARC HUMBERT, Associated Press

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

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

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

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


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

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

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

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

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

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

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

QUOTE(Livyjr @ Dec 20 2006 @ 06:11 PM)
From pp.198,199 Dereliction of Duty - Lyndon Johnson, Robert McNamara, The Joint Chiefs of Staff, AND THE LIES THAT LED TO VIET NAM by H.R. McMaster .....

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

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


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

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

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

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

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

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

QUOTE(Livyjr @ Feb 2 2007 @ 06:40 PM)
Continued from pp.227 of War Comes to Long An - Revolutionary Conflict in a Vietnamese Province by Jeffrey Race .....

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

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


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

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

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

QUOTE(Livyjr @ Feb 7 2007 @ 07:53 AM)
"Spitzer's Senate choice wins - Victory in Nassau County for governor's handpicked candidate is a blow to Bruno"

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

First published: Wednesday, February 7, 2007

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

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

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


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

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

EXTRA, EXTRA, EXTRA .....

READ ALL ABOUT IT ....

FIRST TRIUMVERATE CRUMBLES!

CIVIL WAR THREATENED!

SIDES ARE BEING TAKEN .....

LINES ARE BEING DRAWN ....

AS EL CAUDILLO SPITZER ....

GIRDS HIS LOINS ....

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

AND "POMPEIUS MAGNUS" SILVER ....

OF THE NEW YORK STATE ASSEMBLY .....


And speaking about EMPIRES .....

And "COLONIAL GOVERNORS" ....

And "GROUPS" .....

Or "CLIQUES" .....

AND WAR .....

And "spoiled children" .....

In positions of GREAT POWER AND AUTHORITY ....

Over US ....

WHO AM SOCIETY ....

We have ....

THE THINGS SPOILED AND PETULANT CHILDREN DO ....

WHEN THEY ARE GIVEN GREAT POWER ....

OVER THE LIVES OF OTHERS ....

IN A DEMOCRACY ....

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

OF A PRIOR TIME ....

A JOKE IN OUR TIMES TODAY ....

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

INSTEAD OF BEING "GOVERNED" .....

BY MEN AND WOMEN OF REASON ....

AND SOBRIETY .....

INSTEAD OF PETULENCE ....

AND FITS OF PIQUE ....

AND MINDLESS RANTING AND RAVING .....

AND POWER-GRABS ....

And so ....

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

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

First published: Thursday, February 8, 2007

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

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


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

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

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

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


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

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

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


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DiNapoli said he planned to be impartial.

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

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

"I intend to be a watchdog."

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

Thomas P. DiNapoli, 53 Great Neck, Nassau County

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

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

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

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

end quotes

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

NO, EL CAUDILLO ......

ACTUALLY ....

YOU ARE MISTAKEN ....

WHAT WE HAVE JUST SEEN ....

IS AN EXERCISE IN GOVERNMENT ....

HERE IN THE STATE OF NEW YORK ....

THAT WAS IN STRICT CONFORMANCE ....

WITH WHAT OUR CONSTITUTION CALLS FOR .....

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

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

"THE VOICE OF THE PEOPLE"

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

WHEN ALL YOU REALLY ARE ....

IS THE GOVERNOR ....

ACCORDING TO THE CONSTITUTION ....

AND THE LAW ....

And so ...
Livyjr
"Newsmaker: Lobbying chief wants to head new state ethics agency"

By MARK JOHNSON, Associated Press

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

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

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

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

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

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

"In fact, the exact opposite has happened."


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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


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


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

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

----------

On the Net:

State Lobbying Commission: http://www.nylobby.state.ny.us/
Livyjr
"Minority leader sees new Senate - Queens Democrat insists Republicans may soon be switching to his party"

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

First published: Thursday, February 8, 2007

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

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

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

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

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


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

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

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

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


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

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

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

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

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

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

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

Elizabeth Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.
Livyjr
QUOTE(Livyjr @ Feb 8 2007, 09:11 AM) *
EXTRA, EXTRA, EXTRA .....

READ ALL ABOUT IT ....

FIRST TRIUMVERATE CRUMBLES!

CIVIL WAR THREATENED!

SIDES ARE BEING TAKEN .....

LINES ARE BEING DRAWN ....

AS EL CAUDILLO SPITZER ....

GIRDS HIS LOINS ....

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

ALIAS "CRASSUS" .....

AND "POMPEIUS MAGNUS" SILVER ....

OF THE NEW YORK STATE ASSEMBLY .....


And so ....

QUOTE(Livyjr @ Feb 6 2007, 07:23 PM) *
If "EL CAUDILLO" .....

Eliot Spitzer .....

Lord Cornbury ....

The ROYAL GOVERNOR ....

Up from New York City ....

To view his possessions and holdings ....

In upstate New York .....

Including the colonial legislature .....

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

"BIG JOE" Bruno ....

And Sheldon Silvers .....

Were to have been governor .....

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

OR ....

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

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

And "EL CAUDILLO" Spitzer ....

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

It is my thought ....

And my bet ....

That unlike Jim Tedisco ....

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

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

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

And then ....

It's my bet, anyway ...

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

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

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

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

As he walked away .....

A TRUE PROTECTOR .....

OF GOVERNMENT ....

OF ....

BY ....

AND FOR ....

THE PEOPLE ....

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

And so ....

EL CAUDILLO RULES!

VIVE EL CAUDILLO!


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

By MICHAEL COOPER and DANNY HAKIM, New York Times

First published: Friday, February 9, 2007

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

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


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

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


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

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


The governor's bellicosity has stunned lawmakers.

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

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


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

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

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

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

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

And they told members that the Assembly was blocking several of their proposals.
Livyjr
And speaking about the "IRON DUKE" ......

"New subpoenas suggest Bruno inquiry widening"

By MIKE McINTIRE, New York Times

First published: Friday, February 9, 2007

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

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


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

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

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

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


Bruno has denied any wrongdoing.

His spokesman had no comment on the subpoenas Thursday.

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

Attempts to reach Abbruzzese were unsuccessful.
Livyjr
"Spitzer continues fight over NY comptroller as Hevesi sentenced"

By MARK JOHNSON, Associated Press

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

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

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


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

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

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

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

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


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

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

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


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

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

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


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

He noted his longtime support for Spitzer.

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

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

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

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

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

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

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


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

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

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

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

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

"I'm culpable."

"I'm responsible."

"I apologize," Hevesi told the judge.

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

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

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

He had faced a maximum penalty of 1 1/3 to four years in prison.
Livyjr
QUOTE(Livyjr @ Feb 9 2007, 06:50 PM) *
"Spitzer continues fight over NY comptroller as Hevesi sentenced"

By MARK JOHNSON, Associated Press

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

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

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

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

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

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


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

THE CONSTITUTION OF THE STATE OF NEW YORK

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

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

ARTICLE V - Officers and Civil Departments

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

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

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

The comptroller shall be required:

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

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


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


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

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

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

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

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


http://www.senate.state.ny.us/lbdcinfo/senconstitution.html
Livyjr
NEW YORK STATE EXECUTIVE LAW - ARTICLE 4 - DEPARTMENT OF AUDIT AND CONTROL

S 40. Department of audit and control; comptroller.

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

S 42. Supervision of money paid into court.

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

S 43. Examiners.

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

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


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

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

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

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

b. Working papers;

c. Unsuccessful bids;

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

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

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

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

Whenever by law owners of property abutting upon a street or highway, or any number or percentage thereof, are authorized to petition or otherwise initiate any proceeding respecting the use, occupation or improvement of such street or highway, or the consent of such owners or of any number or percentage thereof is a prerequisite to the use, occupation or improvement of a street or highway, the comptroller in behalf of the state, upon the approval of the attorney-general, is authorized to join in any petition, take any action or consent to the use, occupation or improvement of such a street or highway, affecting the property of the state abutting upon such street or highway, with the same force and effect, and subject to the same limitations and conditions, as the owners of other property abutting upon such street or highway.
Livyjr
"Regrets? We have a few - Like so many New Yorkers, we foolishly believed that real reform had come to Albany"

Albany, New York Times Union

First published: Friday, February 9, 2007

We were wrong.

Terribly wrong.


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

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

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

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


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


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

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

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

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

Or so it seemed.

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

But that was a smoke screen.

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

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

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

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

It could happen, of course.

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

Which is to say, he will never be seen as the face of reform.
Livyjr
"Now, it's Spitzer the statesman who needs to step forward"

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

First published: Friday, February 9, 2007

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

The governor had it coming.

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

He didn't.

His persuasive charm was not enough.

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


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

He must learn to play well with others.

We like our state constitution with its separation of powers.

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

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


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

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

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


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

The vote, he said, "showed a stunning lack of integrity that is deeply troubling ..."

"You have just witnessed the insider game of self-dealing that unfortunately confirms every New Yorker's worst fears and image of all that goes on in the Legislature of this state."

Translation of this totally unfair tirade:

"How dare you defy me."


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

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

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

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

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

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

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

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


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

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

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

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

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

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

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


Tom DiNapoli will make a fine comptroller.

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

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

He's respected on both sides of the aisle.

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

LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.
Livyjr
QUOTE(Livyjr @ Feb 6 2007, 07:41 AM) *
"Judicial conduct standard revised - State official quits Bar Association panel, saying obscure change will make it harder to discipline judges"

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

First published: Tuesday, February 6, 2007

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

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

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

And, said Tembeckjian, chief counsel of the state Commission on Judicial Conduct, nobody knows about it, least of all the 500-plus delegates who will vote on it next week in Miami.

"You'd need the equivalent of a literary GPS to figure out this road map," said Tembeckjian, who resigned the ABA advisory committee to protest what he considers to be a dilution of standards.


"Judges are public officials, performing a unique and vital role in our constitutional democracy."

"Their independence and integrity must be beyond reproach for the public to have faith in the administration of justice."


E. Stewart Jones, who represented Spargo during much of his fight to retain his judgeship, said the rule change would allow judges to exercise discretion, without concern that everything they do subjects them to discipline.

"Currently, there is no allowance for areas of gray," Jones said.

"And Mr. Tembeckjian sees everything in black and white."

"For a long time it was sacrosanct judges could do as they please."

"Now the pendulum has swung too far to the other side."

And while we are on this subject .....

Of alleged REFORM ....

In New York State government .....

Let's look at some previous history .....

Of alleged REFORM .....

In the CORRUPT EMPIRE ....

Of New York ....

Gotham Gazette - http://www.gothamgazette.com/article//20050704/202/1472

"Surrogate's Court And Why It Should Go"

by Gary Tilzer

04 Jul 2005

Last week, Brooklyn Surrogate's Court Judge Michael Feinberg was removed from the bench because he committed misconduct by improperly awarding nearly $9 million in fees to attorney Louis R. Rosenthal, his long-time friend.

The fees in question were taken from the estates of Brooklyn's dead, their widows and orphans.

In a unanimous decision, the state's highest court upheld Feinberg's ouster by the Commission on Judicial Conduct and ruled that his actions "debased his office and eroded public confidence in the integrity of the judiciary."

Feinberg never denied he gave the money to his friend -- in fact he freely admits he did -- but said the payments were justified and in keeping with long-time practice in Brooklyn Surrogate's Court.


Surrogate Feinberg was among a small group of judges, lawyers and politicians who make their living from a court that for over 100 years has been at the center of judicial, legal and political corruption in New York City.

Yet it has survived many attempts to eliminate it.

If anything, today's politicians are more shameless than ever.

On June 24, the entire New York State government acted to ensure that the Brooklyn Surrogate's Court will continue to benefit politicians and politically connected lawyers.

In the middle of the night, both houses of the legislature passed a bill to create 21 new judgeships throughout the state -- including a second Surrogate's Court judge in Brooklyn.


The bill was submitted by Governor George Pataki and passed later the same day -- without any hearings or public discussion.

Since the law will take effect August 1, after the filing date for the September primary, Brooklyn's political leaders -- the very same people who selected Feinberg -- will get to choose another judge.


This latest episode and the disclosure of Feinberg's abuses should serve as an impetus finally to eliminate the court that Senator Robert Kennedy called "a political toll booth exacting tribute from widows and orphans."

Once informally known as "the widows and orphans court," the Surrogate's Court handles estates from people who die without a proper will.

In doing this, it funnels millions of dollars a year to lawyers who serve as guardians.

The prospect of appointing lucrative guardianships has motivated generation after generation of machine politicians and establishment lawyers to capture a Surrogate spot for one of their trusted judges, who then spreads the largesse among the party faithful.

Often the fees they charge eat up substantial assets.


For example, reclusive tobacco heiress Doris Duke, who died in 1993, wanted her estate of $1.2 billion to go toward the improvement of humanity.

But a dispute over the estate in Manhattan Surrogate's Court became what one lawyer called the "world series of litigation," with big name law firms vying for a piece of the pie.

The political establishment and media seem to have lost past generations' moral outrage at the corruption there.

Even the well-informed tend to see Surrogate Feinberg's misconduct and other similar incidents as isolated problems.

This year three candidates are vying for a rare open seat on Manhattan Surrogate's Court, but the campaign has not featured any debate over the way the court works.

A CULTURE OF PATRONAGE AND SYSTEMIC CORRUPTION

Earlier this year, political consultant Norman Adler told the New York Observer that politicians cherish the court for "the same reason Willie Sutton robbed banks:

That's where the money is."

And the well-connected ones get it.

"The courts are so political that almost nothing is decided purely on the merits," wrote the late journalist Jack Newfield in 2001, one of the few consistently outraged critics of the court.


The examples establish a clear pattern.

The Commission on Judicial Conduct found that the attorney-friend appointed by Surrogate Feinberg was so entrenched that he prepared the Surrogate's decisions on fees awarded to attorneys in the form of Post-it notes.

Between 1997 and 2001, according to Newfield, the law firm of Queens Democratic Party leader Tom Manton received more than $400,000 in court patronage.

In 1987 a government investigation accused the Public Administrator for Manhattan Surrogate Renee Roth of using the court as a racketeering enterprise.

The administrator resigned after he was accused of stealing $1 million from three clients.

And a 1998 bar association report found that about two-thirds of Roth's guardianship appointments went to campaign contributors or to lawyers who worked for firms that contributed.


Some of the abuses have been even more blatant.

In 1987, Surrogate's Court investigators were captured on videotape stealing valuables from the apartments of the deceased; they had been hired to inventory the property.

The state regulates all aspects of Surrogate's Court -- except the public administrator that every Surrogate's Court judge appoints, who is under the city's purview.

This dual control has provided a convenient way out for auditors.

In 2002, the Daily News reported that, during his eight-year tenure, State Comptroller Carl McCall never audited the Brooklyn Surrogate's Court's Public Administrator.

McCall's office insisted he never took a look because then-city Comptroller Alan Hevesi was already auditing the Brooklyn court.

Hevesi did -- but never discovered that Judge Michael Feinberg was awarding excessive fees without proper documentation to his friend Louis Rosenthal.


The problems with Surrogate's Court go beyond individual instances of corruption; they are systemic.


UNNECESSARY AND INVULNERABLE

There is absolutely no reason to maintain a separate Surrogate's Court.

Under the New York State Constitution, the State Supreme Court already shares jurisdiction on anything the Surrogate's Court might handle -- estates, appointments of guardians and conservators, and adoptions.

And so, abolishing the Surrogate would not leave a sudden void in our judicial system.

In Supreme Court and Family Court, cases are randomly assigned to a stable of judges.

But there is only one Surrogate each for Queens, Staten Island, and the Bronx.

Manhattan has two, and now so will Brooklyn.

Putting the management of millions of dollars in assets under the purview of just one or two judges creates a recipe for patronage and corruption.

Abolishing the court, and dispersing its functions and cases among the many Supreme Court and Family Court judges in each county would go a long way toward breaking up the patronage mill.

But because of the big money involved and the powerful people who benefit from the court, every attempt to abolish or reform it in the past has ended in failure.

EFFORTS TO ELIMINATE THE COURT

In the 1930s, Mayor Fiorello La Guardia called Surrogate's Court "the most expensive undertaking establishment in the world."

He believed it was control of the Surrogate's Court of New York County, more than any other factor, that kept the Tammany Hall political machine alive through the lean years when he deprived it of city jobs and President Franklin Roosevelt denied it federal jobs.


In 1938, the New York Bar Association called for the merger of the Surrogate's Court and the Supreme Court to eliminate corruption.

In 1948, the Americans for Democratic Action called for a legislative campaign to reduce the patronage in the Surrogate Court.

In the 1950s a commission put together to end the abuses of Tammany Hall urged the elimination of the Surrogate's Court by merging its functions with the Supreme Court.

These recommendations came to naught.

The movement to abolish the court reached its peak in the 1960s.

Citizens Union urged the system of appointing special guardians be abolished and replaced by a staff of salaried public officials who could act for minors, widows and incompetents.

Robert Kennedy endorsed this idea, saying the salaried public guardians "would eliminate patronage from the Surrogate's Courts and dry up a major source of sustenance for the worst elements in our political parties."

But, almost as soon as Kennedy made the proposal, representatives of the bar association and many of the city's Surrogate judges attacked it.

And the senior Manhattan surrogate at the time, Samuel DiFalco, who had been elected with the help of the Manhattan Democratic machine, blocked reforms.


Ironically, calls for the elimination of the Surrogate's Court disappeared as reformers assumed power in the city.

In 1977, Edward Koch ran for mayor, attacking the Democratic machine.

Soon after his election, though, Koch did what most reform politicians do after defeating a machine: make a deal with it.

Though Koch set up panels to screen candidates for judgeships, presumably based on merit, as time went on, the erstwhile reformers became more and more dependent on contributions and support from the machine politicians and the law firms that benefit from Surrogate patronage.

Since then, Koch himself – along with other prominent politicians, including former Governor Mario Cuomo -- has been the beneficiary of the Surrogate's Court.

Koch, for example, received $77,000 for a guardianship in 2001 and 2002, according to the New York Observer.

"I'm on the list of people who are qualified," Koch told the Observer.

"They're very careful to prevent [the court] from being used as a trough."

Today, every candidate who runs for Surrogate pledges to make "reforms" and end the court's patronage.

Once elected, they do nothing.

This is so widespread that it hardly even counts as irony that a New York Times editorial in 1996 endorsed the now-fired Surrogate Feinberg with the words:

"Justice Feinberg has promised reforms ranging from a panel to screen appointments and recommend changes in how the place is run, down to keeping the office open at lunchtime as a convenience to the public."


THE BROOKLYN COURT

With Feinberg's removal, people interested in running for his seat will have two weeks to try to collect the 4,000 signatures to get on the ballot.

If two or more candidates qualify as Democratic candidates, there would be a primary contest for Feinberg's seat.

But this would not be the case for the second Surrogate's post the state government created last month.

Even veteran political observers were astounded by the addition of a second Surrogate's Court in Brooklyn in the middle of the removal process for the current Surrogate -- without giving citizens the right to vote in a primary.

That's right, there will be no primary for the new position.

Albany in effect gave Brooklyn Democratic leader Clarence Norman a big role in picking who will select the new Surrogate for that borough.

Norman awaits trial for extorting money from past judicial candidates and supported Feinberg for Surrogate's Court in 1998.

And whomever Norman and his cronies choose is virtually guaranteed to win the November general election, and serve 14 years before they have to run again.


The only chance of derailing this seems to lie in Washington.

Because Brooklyn comes under the federal voting rights act, the plan for a second Surrogate's judge might need Justice Department approval.

Ten years before Feinberg's removal, the same State Commission on Judicial Conduct that removed him censured his predecessor, Bernard Bloom.

Bloom's censure was one step short of removal.

Then the political machine that picked Bloom selected Feinberg.

Now that very same machine that chose the two discredited judges is likely to select at least one—and perhaps two - more Surrogates.

In setting the stage for this, Albany once again has provided evidence that, in a legislature where almost every incumbent gets re-elected, there are no consequences for taking the low road.


The government's action also sends the message that politics still trumps justice in New York.


Gary Tilzer is a political consultant whose articles have appeared in the New York Sun, the Village Voice and other local publications.

Editor's Note 8/9/05: Gary Tilzer began work June 30th, 2005 on the campaign of Margarita Lopez Torres, a candidate to replace Feinberg as Brooklyn Surrogate's Court Judge

http://www.gothamgazette.com/print/1472
Livyjr
QUOTE(Livyjr @ Feb 10 2007, 07:27 PM) *
In setting the stage for this, Albany once again has provided evidence that, in a legislature where almost every incumbent gets re-elected, there are no consequences for taking the low road.

The government's action also sends the message that politics still trumps justice in New York.


http://www.gothamgazette.com/print/1472

"Grandeau about to disappear?"

Fred LeBrun, Political Analyst

Albany, New York Times Union

First published: Sunday, February 11, 2007

Much is being made of the public war between Governor Spitzer and the Legislature over picking a state comptroller.

Behind the scenes, though, the governor's signature reform measure -- a sweeping and uplifting new ethics bill -- is sailing toward becoming law.

Assembly Speaker Shelly Silver says the omnibus bill, unchanged from the one hammered out privately by him, the governor and Senate Majority Leader Joe Bruno, will clear committees and be ready for a vote next week.

So any chance that the centerpiece of Eliot Spitzer's election campaign might be derailed by the comptroller spat seems unlikely.

Paralyzed government serves no one and the ethics package is a breathtaking leap forward in setting higher standards of deportment for elected officials.


There remains an aspect of this bill than makes us nervous, given Spitzer's behavior lately.

That is the creation of a Commission on Public Integrity.


In the process of creating the new commission, the independent state lobbying commission, with David Grandeau as executive director, would disappear.

No single elected official appoints the majority of Grandeau's commission.

Grandeau's nonpartisan independence has been shown time and time again.

But that would not be the case with the new Commission on Public Integrity, which would merely become an enhanced version of the existing State Ethics Commission -- controlled by the governor's appointments.

A brief overview of the past decade reveals how effective the lobbying commission has been under Grandeau, while the Ethics Commission has been less aggressive, and arguably less effective.

Not ineffective, but less effective.


In the rush to give Eliot what he wants, the Legislature is dodging its responsibilities here.

Bad enough that three men in a room created this new commission, without any input from outside sources, but now there will be no public hearings or opportunity to air concerns over this new concentration of power in the governor's hands.

Here we go again.

The process is being tortured and short-circuited to achieve a predetermined end.

This is not good government -- even if it is wrapped in the white robe of reform.


My suspicion is that David Grandeau will somehow be left behind when the dust settles over this new commission.

Grandeau, of all people, should not be the victim of a reform movement.

Frankly, all the evidence suggests there is no need to change his Temporary State Commission on Lobbying, except to make it permanent, and perpetually independent.

But sadly, that possibility is disappearing, along with the people's ability to express themselves on the issue.


Grandeau has publicly announced for the job of executive director of the new commission, which is encouraging.

But truthfully we are getting mixed messages as to what this administration thinks of Grandeau.

The governor's press secretary has called Grandeau good enough to be the front-runner for the job in the new agency.

Not exactly an endorsement, but close.

The governor himself, in an interview with the Syracuse Post-Standard after the proposed budget was announced, called Grandeau's lobbying commission "dysfunctional."

A dysfunction, noted the governor, that would be corrected when he appoints the majority of the new commission's members, and implicitly, replaces Grandeau as well.


A mindboggling double by Spitzer.

First, that he sees as dysfunctional the one state oversight agency that works, and secondly that only he, the imperial governor, can save the day.


Fred LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.
Livyjr
QUOTE(Livyjr @ Jan 20 2007, 05:04 PM) *
"Feeding off taxpayers no crime, lawyer says - Cronyism, big spending called usual government practice at Strevell trial"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Thursday, January 18, 2007

ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.

William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.


Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.

Strevell is charged with nine counts of mail fraud and six counts of wire fraud.

The case before
U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.


Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.

Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.

While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.

He also used institute funds to purchase clothing and trips for himself and family members.


The institute's activities, revealed by the Times Union, became an embarrassment for Republican leaders who had supported it, including Bruno, R-Brunswick, Gov. George Pataki and his administration, and former U.S. Rep. John Sweeney, R-Clifton Park.

Prosecutors say Strevell, a former state bureaucrat, manipulated the system to set up the nonprofit institute as an offshoot of state government.

He worked to improperly enrich himself and his family, the indictment says, receiving a base salary of $225,000 plus $24,000 for a housing stipend, trips for family members and merchandise for his personal use, including a $64,000 recreational vehicle.

Strevell also allegedly doctored the record of a board vote that resulted in his pay rising by $95,000.

Fanciullo said Strevell's management of the institute followed normal and accepted practices of government, including the hiring of kin, and that the salary vote was legitimate.

QUOTE(Livyjr @ Feb 1 2007, 07:53 PM) *
And while we are on the subject .....

Of Teddy Roosevelt ....

And the New York State Assembly .....

And the POLITICAL CULTURE ....

In Albany, New York ....

Where political loyalty can trump competence in the workplace ....

And where there is a rich tradition of retaliation for dissent .....

By way of a little background ....

And insight ....

Into the character ....

Of Teddy Roosevelt .....

A man Eliot Spitzer would have us New York State citizens compare him favorably with ....

When Teddy Roosevelt was in New York State government .....

Before he became president of the United States of America ....

We have ....

And going back in time ....

Into New York State's long history .....

Of bandying about ...

The empty topic ....

Of GOVERNMENT REFORM ....

In the State of New York ....

And why things never really change .....

Which ultimately ....

Is the fault of the PEOPLE, themselves ....

We have ...

From pp.69,70 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl .....

January 1882

If (Teddy) Roosevelt had come to Albany to take up his father's reformist efforts, he could not avoid his father's old foes.

As the new Republican assemblyman from the Twenty-First District, Roosevelt would come under the thumb of (Roscoe) Conkling, all-powerful boss of the New York State Republican machine.

There was a personal edge to Roosevelt's animosity toward the boss.

He blamed Conkling for destroying his father's political career before it got started and, in the process, contributing to his father's early death.

Revenge against the Roosevelt family's nemesis would not be easy.

Conkling stood six feet three inches tall and was powerfully built, "blond and gigantic as a Viking," according to a correspondent.

Alongside Conkling, Roosevelt looked like a pipsqueak and his position as a freshman assemblyman only exaggerated the political mismatch.

Conkling had a way of reducing the size of his adversaries even further with what Republican reformer George William Curtis called the "Mephistophelean leer and spit."

Conkling's squarish head made his face look as tough as a block of granite and his unruly mop of hair came to a point in a way that resembled a ship's prow splitting waves.

Conkling was born in Albany; POLITICS WAS THE FAMILY BUSINESS.

His father was a well-connected congressman, federal judge, and a leader of New York's Whig Party.

Conkling's wife, Julia Seymour, was the sister of New York Governor Horatio Seymour.

CONKLING ROSE IN THE U.S. HOUSE OF REPRESENTATIVES, WAS ELECTED TO THE U.S. SENATE, AND WAS REWARDED FOR HIS CAMPAIGN SUPPORT OF PRESIDENT ULYSSES S. GRANT BY BEING GIVEN THE REINS OF STATE PATRONAGE IN NEW YORK.

CONKLING TOOK GRANT'S BEQUEST AND BUILT IT INTO A MACHINE IN ALBANY THE OLD-FASHIONED WAY; BY DIVIDING THE SPOILS OF VICTORY AMONG HIS HAND-PICKED LIEUTENANTS, LOCAL BOSSES, AND WARD HEELERS, ALL ARRANGED IN A HIERARCHY LORDED OVER BY THE BLOND BEHEMOTH.

CONKLING WAS A TEXTBOOK REPUBLICAN STALWART, WHOSE GOAL WAS TO PRESERVE THE STATUS QUO AND THUS RETAIN HIS GRIP ON POWER.

He was a quarrelsome, surly, and vengeful boss who attacked reformers like the Roosevelts, senior and junior, by derisively labeling them "man-milliners" - men who make and sell women's clothing, a thinly veiled allusion to homosexuals.

James Garfield, who in his run for the presidency caught the brunt of the boss's fury, described Conkling as "a great fighter, inspired more by his hates than his loves."

GARFIELD ABSORBED CONKLING'S ASSAULT AFTER STEALING THE REPUBLICAN NOMINATION FROM CONKLING'S CRONY, FORMER PRESIDENT GRANT, IN THE PRESIDENTIAL CAMPAIGN OF 1880.

THE DEFEAT BEGAN TO ERODE THE FEAR FACTOR THAT HAD MADE CONKLING SEEM SO INVINCIBLE.

The wounding of his reputation deepened when Conkling was caught in a scandalous extramarital affair in 1881 with Mrs. William Sprague, a senator's wife, who happened to be the daughter of Chief Justice Salmon Chase.

LATER THAT SAME YEAR, NEWLY INAUGURATED PRESIDENT GARFIELD REJECTED TWO OF CONKLING'S TOP APPOINTEES TO KEY POSTS IN HIS CABINET, THUS SERVING NOTICE THAT CONKLING'S DAYS OF RUNNING THE EMPIRE STATE'S SPOILS SYSTEM AS HIS OWN PRIVATE BANK ACCOUNT WERE NUMBERED.

IN A FIT OF PIQUE, CONKLING RESIGNED FROM THE SENATE IN THE SPRING OF 1881 AND CONVINCED NEW YORK'S JUNIOR SENATOR, THOMAS C. PLATT. ALSO TO QUIT IN A NOSE-THUMBING ACT OF UNANIMITY AGAINST GARFIELD.

A political cartoon of the day showed Platt as a small boy sticking out of Conkling's pocket, with a card labeled, "Me, too!" in one of his hands.

THE PHRASE RESONATED AND ENTERED THE POLITICAL LEXICON AS A DEROGATORY LABEL PINNED ON LIBERAL REPUBLICANS FOR A LACK OF ORIGINALITY AND SPINE.

ROOSEVELT HAD NO USE FOR "ME,TOO!" REPUBLICANS OR ANY OTHERS AFRAID TO VOICE THEIR INDEPENDENCE.

THAT WAS NOT THE END OF IT, THOUGH.

IN THE SMALL, INCESTUOUS WORLD OF ALBANY POLITICS, PLATT AND ROOSEVELT WOULD SQUARE OFF IN A LATER ERA IN WHICH REFORMERS, STALWARTS, HALF-BREEDS, AND "ME, TOO!" REPUBLICANS WERE STILL VERY MUCH AT WAR.
Livyjr
QUOTE(Livyjr @ Feb 2 2007, 06:05 PM) *
And in the State of New York .....

So far as I know, anyway ....

Teddy Roosevelt is not at all controversial .....

And he is well thought of .....

Because he did really believe in the common people like myself ......

That we were really quite a bit more than just ignorant serfs .....

As the present ROYAL GOVERNOR sees us ....

LORD CORNBURY COME UP FROM NEW YORK CITY .....

TO VIEW HIS HOLDINGS ....

And so .....

QUOTE(Livyjr @ Feb 11 2007, 07:46 AM) *
A mindboggling double by Spitzer.

First, that he sees as dysfunctional the one state oversight agency that works, and secondly that only he, the imperial governor, can save the day.

QUOTE(Livyjr @ Feb 11 2007, 08:54 AM) *
From pp.69,70 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl .....

January 1882

Conkling was born in Albany; POLITICS WAS THE FAMILY BUSINESS.

His father was a well-connected congressman, federal judge, and a leader of New York's Whig Party.

Conkling's wife, Julia Seymour, was the sister of New York Governor Horatio Seymour.

CONKLING ROSE IN THE U.S. HOUSE OF REPRESENTATIVES, WAS ELECTED TO THE U.S. SENATE, AND WAS REWARDED FOR HIS CAMPAIGN SUPPORT OF PRESIDENT ULYSSES S. GRANT BY BEING GIVEN THE REINS OF STATE PATRONAGE IN NEW YORK.

CONKLING TOOK GRANT'S BEQUEST AND BUILT IT INTO A MACHINE IN ALBANY THE OLD-FASHIONED WAY; BY DIVIDING THE SPOILS OF VICTORY AMONG HIS HAND-PICKED LIEUTENANTS, LOCAL BOSSES, AND WARD HEELERS, ALL ARRANGED IN A HIERARCHY LORDED OVER BY THE BLOND BEHEMOTH.

CONKLING WAS A TEXTBOOK REPUBLICAN STALWART, WHOSE GOAL WAS TO PRESERVE THE STATUS QUO AND THUS RETAIN HIS GRIP ON POWER.

"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- So, the big question in Albany these days is, Is Eliot Spitzer brilliant, or just nuts?

The governor's very early record these first 40 days didn't lack for striking drama in a town whose gear shift has long been stuck in glacial.

Some say the Democrat's bold treatment of the Legislature shows he's a legislative newbie who, like so many past governors, will be snared in the clutches of the powerful and well-protected body.

Others say Spitzer is, as Rep. Charles Rangel once said in frustration, the "world's smartest man," plotting the only strategy that will shake things up.


Hanging in the balance are the reforms in government, ethics, spending, taxing and campaign financing that helped give Spitzer his record-setting election in November.

Those reforms require the Legislature's support, either by compliance or compulsion.

But as Spitzer said last week, those goals now "are simply not within our grasp."

The Spitzer era began with some startling selections for his cabinet and some reform of the budget process.

Even an insider said the administration seemed top heavy with aggressive Ivy League lawyers, many of them ex-prosecutors like Spitzer.


He also brought legislative leaders shoulder to shoulder on an ethics reform package they deemed historic but which good-government groups found tepid.

Soon after and again shoulder to shoulder, Spitzer and legislative leaders agreed to create an expert panel of former comptrollers to recommend highly qualified finalists for a state comptroller to replace Democrat Alan Hevesi, who resigned amid scandal.

But on Wednesday, Assembly Speaker Sheldon Silver -- as leader of a joint legislative session empowered by the constitution -- chose one of his own, apparently solidifying his power while snubbing Spitzer.

Spitzer called the Legislature's decision to choose an assemblyman -- Thomas DiNapoli -- a "stunning lack of integrity that is deeply troubling ... We have just witnessed an insiders' game of self-dealing that unfortunately confirms every New Yorker's worst fears and image of all that goes on in the Legislature of this state."

Also last week, the candidate Spitzer helped in a special election cut the slim Republican majority in the Senate further, angering Senate Majority Leader Joseph Bruno.

Weeks earlier, Spitzer's attempt to broker a deal on campaign finance reform -- which good-government advocates say is the reform most in need -- was a non-starter for legislative leaders.

But Spitzer has long insisted he isn't an Albany insider and won't play by their rules.

But students of Spitzer know his track as governor so far has a familiar feel.

As a two-term attorney general, Spitzer forced reforms on Wall Street, the insurance industry and in the environmental policies of the Bush administration that targeted concerns that languished for years.


Spitzer's method often began with serious research and the detailing of a strategy before publicly blasting his targets -- often CEOs -- until the boards of directors agreed to reforms in mostly amicable settlements.

Often, Spitzer then praised the company as a leader of best practices in the industry.

But as Spitzer's critics say now, he doesn't have subpoena power or the threat of putting the Legislature out of business.

But he still sees a board of directors: Last week he took his measures and reforms on a statewide tour.

He attracted support, like the New York Daily News editorial that said the Legislature used a "rigged process" to choose a comptroller who now is "a poster boy for Albany dysfunction."

"In some of this, I think he's right," said political science Professor Robert McClure of Syracuse University's Maxwell School.

"His position is a position that I think is considered and probably in the best interest of the state ... but his statements signal what I worry may be a serious character flaw, and perhaps a political flaw."

"His statements are over the top," McClure said.

"I have every reason to believe he's a very smart man."

"At some level, even if this is a brilliant Machiavellian strategy, I'm worried about the Machiavelli part of it."

McClure notes that major reform usually requires a huge "jolt."

Nationally, think Depression or a world war.

Perhaps, McClure said, Spitzer is trying to do that in Albany.

"Now you have everything dislodged and all the moving parts are in play," McClure said.

"The governor seems to think he is the center of things and he can make it happen."

"That may or may not be healthy or accurate, but I am doubtful of both."


So how does Spitzer fare from here?

More importantly, what happens to the reforms championed in his campaign?

The tactic didn't work in the early years of Republican Gov. George Pataki, where an attempt to erode Silver's support among more conservative Democratic assemblymen backfired and made Silver a powerful foe, said a former Pataki aide.

Some say Spitzer -- a Democrat in a Democratic state with lawmakers eager to share his popularity -- missed an opportunity.

He came to the table with all billiards balls hanging on the lip, but seems to have knocked them all back into a tight bunch, making it harder to run the table.

"Eliot Spitzer seems to have made this a public relations battle," said Roger Stone, former adviser to Independence governor candidate B. Thomas Golisano who had also promised to shake up Albany.

"Other than demonizing the Legislature, where does it get you?"

"I sometimes think the reason we have political figures shouting ... is because the forces arrayed against change are increasingly more formidable," said McClure.

"We yell at them in hopes that by raising the voice, we can budge 'em ... but my mother always said, `Bobby, there are things you can say in private and there are things you can say in public.'"
Livyjr
QUOTE(Livyjr @ Feb 11 2007, 05:24 PM) *
"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- So, the big question in Albany these days is, Is Eliot Spitzer brilliant, or just nuts?

QUOTE(Livyjr @ Jan 22 2007, 05:45 PM) *
And by way of some official history, here .....

From the Archives of the State of New York ....

On who the governor of the State of New York is really supposed to be .....

According to OUR New York State Constitution ...

EXECUTIVE BRANCH

Office of Governor: Current Functions.

The governor, as chief executive officer of the State, is responsible for ensuring that the laws of the State are carried out.

New York's constitution of 1777 created the office of governor "to take care that the laws are faithfully executed" and "to transact all necessary business with the officers of government."

QUOTE(Livyjr @ Feb 4 2007, 04:02 PM) *
The related caudillismo is a cultural phenomenon that first appeared during the early 19th century in revolutionary South America, as a type of militia leader with a charismatic personality and enough of a populist program of generic future reforms to gain broad sympathy, at least at the outset, among the common people.

Effective caudillismo depends on a personality cult.

Typically, the caudillos took it upon themselves to attain power over society and place themselves as its leader.


Caudillos were capable of commanding large numbers of people and holding the attention of large crowds with growing excitement.

In the late Roman Republic men like Gaius Marius, Julius Caesar and Octavian were populist commanders who had strong personal ties with their soldiers, and imagery of revived Roman values is often brought to bear in support of caudillismo.


Retrieved from "http://en.wikipedia.org/wiki/Caudillo"

QUOTE(Livyjr @ Feb 11 2007, 05:24 PM) *
"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- But Spitzer has long insisted he isn't an Albany insider and won't play by their rules.

QUOTE(Livyjr @ Nov 9 2006, 03:20 PM) *
LUKE: So, Clem .....

What do you think about that city boy Spitzer becoming governor, then?

CLEM: Well, Luke ....

How I'll put it is like this .....

IT'LL BE JUST MORE GEORGE ...

JUST ANOTHER LOAD OF PATAKI .....


And that is that .....

JUST MORE GEORGE ....

LUKE: Well, Clem ....

How you figure that, then .....

CLEM: Well, Luke ....

Look at the constitution for a moment .....

[sounds of paper rustling as Luke takes out his copy of the New York State Constitution ...]

And tell me where in there you see anything about the New York State Attorney General being anything other than George Pataki's fancy lawyer ....

LUKE: No, Clem, I sure don't find anything in here, anyway ......

But I still don't see the point ....

CLEM: Well now, Luke .....

Get out your book of New York State Executive Law ....

And tell me what you see in there, then ....

About who Eliot Spitzer really does work for .....

Here in the State of New York ....

Look at section 63(2) of Article 5 there ....

And tell me what you see ....

(sounds of pages being turned as Luke opens up his book of New York State Executive Law and flips to the right section)

LUKE: Whenever required by the governor, attend in person, or by one of his deputies, any term of the supreme court or appear before the grand jury thereof for the purpose of managing and conducting in such court or before such jury criminal actions or proceedings as shall be specified in such requirement ....

CLEM: And how about section 63(3) of Article 5 of the New York State Executive Law .....

What about that, then?

LUKE: Upon request of the governor, comptroller, secretary of state, commissioner of transportation, superintendent of insurance, superintendent of banks, commissioner of taxation and finance or commissioner of motor vehicles, or the head of any other department, authority, division or agency of the state, investigate the alleged commission of any indictable offense or offenses in violation of the law which the officer making the request is especially required to execute or in relation to any matters connected with such department, and to prosecute the person or persons believed to have committed the same and any crime or offense arising out of such investigation or prosecution or both, including but not limited to appearing before and presenting all such matters to a grand jury.

CLEM: And section 63(7) of Article 5, there, Luke ....

What do you have there, then?

LUKE: He may with the approval of the governor retain counsel to recover moneys or property belonging to the state, or to the possession of which the state is entitled, upon an agreement that such counsel shall receive reasonable compensation, to be fixed by the attorney-general, out of the property recovered, and not otherwise.

CLEM: And then there is section 63(8), Luke ....

How about you read me back that, then .....

LUKE: Whenever in his judgment the public interest requires it, the attorney-general may, with the approval of the governor, and when directed by the governor, shall, inquire into matters concerning the public peace, public safety and public justice.

CLEM: So ....

Tell me then, Luke .....

BY THE LAW IN THE STATE OF NEW YORK .....

FOR WHOM DOES ELIOT SPITZER REALLY WORK?

BY THE LAW AS IT IS WRITTEN IN THE STATE OF NEW YORK, LUKE ..

WHOSE BIDDING DOES ELIOT SPIZER REALLY ANSWER TO?

LUKE: Why ...

It sure does look like George Pataki has been pulling his strings all this time ....

IF THE LAW IS CORRECT, ANYWAY .....

"Spitzer won't pull any punches - Governor expected to continue battles over comptroller vote, control of state Senate"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Monday, February 12, 2007

ALBANY -- Gov. Eliot Spitzer will continue to wage a two-front war against the state Legislature this week, slamming Assembly members in their own districts for defying him in the comptroller vote and plotting to help his Democratic Senate allies wrest control of their chamber from Republican hands.

The Senate is the most immediate focus following the victory last week of a Spitzer-backed Democratic candidate in a Long Island special election that narrowed the Republican majority to just two seats.

The chamber is now split 33-29.


"There is an all-out effort to take the Senate," said a source close to Spitzer.

"In the next two weeks, all the pieces will be in place."


The governor and the Senate minority leadership are considering a myriad of options to tip the balance of power, including wooing Senate Republicans to switch parties or accept jobs in the administration.

If these plums fail to entice, Spitzer sources said, the Democrats are prepared to mount full-scale challenges against majority members deemed vulnerable --particularly those in districts with high Democratic enrollment -- starting this year, despite the fact that the next elections aren't until 2008.

Among senators named as possible party-switchers or recipients of appointed posts are Joseph Robach, a Democrat-turned-Republican from Rochester; John Bonacic of Orange County; and Serphin Maltese, a Queens lawmaker who almost lost his seat to a little-known Democratic challenger last November.

So far, all three senators have insisted they'll neither leave the Senate nor switch sides.


Spitzer and his supporters also are banking on possible midterm retirements by longtime Republican senators like Owen Johnson and Caesar Trunzo, both of whom hail from Long Island, where Democrats have been gaining power, and James Wright of Watertown.

Among the majority senators considered vulnerable by Spitzer and the Democrats are Hugh Farley of Niskayuna, Carl Marcellino of Nassau County and Vincent Leibell of Putnam County.

Taking control of the Senate is something Democrats have said they did not believe possible until the next general election.

Spitzer's willingness to get involved was first demonstrated by his selection last year of former Sen. Michael Balboni, a Republican, to serve as his deputy secretary of public safety.

That touched off Tuesday's special election won by Democrat Craig Johnson, which has emboldened the Senate Democrats and Spitzer.

John McArdle, spokesman for Senate Majority Leader Joseph L. Bruno, said the Senate Republicans' plan is to "focus on the budget and ignore the rhetoric" coming from the Democrats and the governor.

"Our focus is completely on the budget right now and how it impacts upstate, how it impacts the suburban areas and whether it's fair," McArdle said.

As for the Assembly, which is controlled by his fellow Democrats, Spitzer plans to continue to lambaste majority members for going against his wishes and making one of their colleagues, Thomas DiNapoli of Long Island, the new state comptroller.

This week, Spitzer will again take his $120.6 billion executive budget on the road in an effort to build public support for his spending and reform proposals.

The governor is scheduled to stop in Westchester, the Capital Region and western New York -- all home to lawmakers who sided with Assembly Speaker Sheldon Silver in the comptroller vote.

The day after the vote, Spitzer traveled to Syracuse to tout his budget.

While there, he criticized Assemblyman Bill Magnarelli, a Democrat who helped raise $100,000 for Spitzer's 2006 gubernatorial campaign, calling the legislator "one of those unfortunate Assembly members who just raises his hand when he's told to do so."

Prior to the vote, Magnarelli told his hometown newspaper that Spitzer "was meddling in the Legislature's duties and responsibilities" with his efforts to prevent lawmakers from giving the job of the state's top auditor to one of their legislative colleagues.

"It will not happen again," Magnarelli reportedly added.

Spitzer is scheduled to discuss his budget this morning at the home of Ivan and Cynthia Jimenez in Mamaroneck, Westchester County.

The town is represented by Assemblyman George Latimer, a Democrat who not only voted for DiNapoli, but told The New York Times that the screening panel championed by Spitzer after it selected three nonlegislative comptroller candidates "had a bias; it had a prejudice."

"If Abraham Lincoln had come before that screening committee, would they have found his qualifications for president sufficient?" Latimer said.

Asked Sunday whether it was likely that the governor would keep up his drumbeat of criticism against lawmakers like Latimer while visiting their districts this week, Spitzer spokeswoman Christine Anderson replied:


"Yes, very."


Spitzer will take his "Bringing the Budget Home" tour to Albany County Tuesday and to western New York on Wednesday.

Details about his schedule on those days have yet to be released.

All of Albany County's Democratic Assembly members -- Ronald Canestrari of Cohoes, Jack McEneny of Albany and Bob Reilly of Colonie -- as well as Independence Party member Tim Gordon of Bethlehem voted for DiNapoli for comptroller.

Bruno also voted for DiNapoli, as did Farley.

Assembly Minority Leader James Tedisco, R-Schenectady, cast his vote for New York City Finance Commissioner Martha Stark, one of three comptroller candidates recommended by the screening panel.

So did Assemblyman Paul Tonko, D-Amsterdam, who is in discussions to take a job in the Spitzer administration, and Sen. Neil Breslin, D-Delmar, who joined the entire Senate Democratic conference in backing Stark -- and the governor -- during the vote.

Following the comptroller vote, Spitzer left open the possibility that he would campaign against incumbent legislators in 2008, regardless of their party affiliation, if he believes "there is a better candidate" who supports his reform agenda.

A source close to Spitzer said he is likely to express displeasure with Assemblywoman Francine DelMonte of Niagara County for voting for DiNapoli when he travels to western New York later this week.

Last September, DelMonte was facing a stiff primary challenge from a fellow Democrat, Gary Parenti, who tried to claim the reform mantle and cast himself in campaign literature as a Spitzer ally.

But Spitzer, then poised to coast to victory against his own primary opponent, Nassau County Executive Tom Suozzi, swooped in days before the primary and endorsed DelMonte, saying she had been "an ally, a friend, a voice for reason in Albany," adding:


"She's going to be part of the team we want to build."


Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.

end quotes

LUKE: Well, Clem, what do you think of this city boy Spitzer now?

CLEM: Well, Luke, the boy sure can talk out of every side of his mouth all at once, is what I think .....

But then ....

THAT IS WHAT I HAVE THOUGHT OF HIM ....

SINCE THE BEGINNING ....

WHEN HE BOUGHT HIS WAY IN ....

TO BEING AN ALBANY INSIDER ....

IN FACT ....

YOU MIGHT SAY ....

THE ULTIMATE INSIDER ....

SINCE HE WAS THE LAWYER ....

FOR PATAKI, SILVER AND "BIG JOE" BRUNO ....

And so ...
Livyjr
QUOTE(Livyjr @ Feb 8 2007, 07:16 PM) *
"Minority leader sees new Senate - Queens Democrat insists Republicans may soon be switching to his party"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Thursday, February 8, 2007

ALBANY -- Senate Majority Leader Joseph L. Bruno, R-Brunswick, released a statement congratulating Johnson on Wednesday, but noted:

"We still have the majority in the Senate, and our conference will go forward, strong and united and committed to ensuring accountability, providing checks and balances, and delivering results for our constituents."

QUOTE(Livyjr @ Feb 8 2007, 09:11 AM) *
EXTRA, EXTRA, EXTRA .....

READ ALL ABOUT IT ....

FIRST TRIUMVERATE CRUMBLES!

CIVIL WAR THREATENED!

SIDES ARE BEING TAKEN .....

LINES ARE BEING DRAWN ....

AS EL CAUDILLO SPITZER ....

GIRDS HIS LOINS ....

TO TAKE DOWN THE "IRON DUKE" OF RENSSELAER COUNTY ....

"BIG JOE" BRUNO ....

ALIAS CRASSUS ....

AND "POMPEIUS MAGNUS" SILVER ....

OF THE NEW YORK STATE ASSEMBLY .....

And then ....

There is ...

The "IRON DUKE", himself ....

"BIG JOE" Bruno ....

Alias "CRASSUS" in the now-crumbled FIRST TRIUMVERATE of the young "Julius Caesar" .....

The CAUDILLO Eliot Spitzer ....

LORD CORNBURY, the ROYAL GOVERNOR ....

Up from New York City ....

To view his possessions ....

And holdings ....

Which is all of us up here ...

Plus the COLONIAL ASSEMBLY ...

WHICH IS HIS TO COMMAND ....

BY VIRTUE ....

OF HIS ROYAL AUTHORITY ....

OVER US ....

And so ...

"Bruno seeks fun in the sun once again"

Albany, New York Times Union

First published: Monday, February 12, 2007

For the second year running, Senate Majority Leader Joseph L. Bruno plans to head to the warmer climes of Florida to raise funds at Mar-A-Lago, Donald Trump's Palm Beach estate.

His trip there last year was noteworthy because it included Albany lobbyists and people connected to groups trying to win the bidding for the state horse racing franchise.

Bruno last year also flew down to Florida a few weeks before the Trump fundraiser with his good friend Jared Abbruzzese and two other buddies for some golfing and other activities, including a stop at Rachel's, an upscale strip club and steak house.

Bruno, who says he included some fundraising work on that trip, too, had his campaign war chest pay for lodging.

Abbruzzese picked up other expenses.

For several months, Bruno and Abbruzzese have been the subjects of an FBI and federal grand jury investigation of their business dealings.

The Feb. 21 Mar-A-Lago bash, a fundraiser for the state Senate Republican Campaign Committee, runs $3,000 a couple and $2,000 a person for the reception "honoring" Bruno, according to the invitation.

Business attire is required, meaning at least a jacket and tie.

No golf shirts.


Contributors: Capitol bureau reporter James M. Odato and State Editor Jay Jochnowitz. Got a tip? Call 454-5424 or e-mail jjochnowitz@timesunion.com.

end quotes

"BIG JOE" Bruno .....

IS BEING HONORED BY ALL OF HIS "CONSTITUENTS", ALRIGHT .....

HIS "CONSTITUENTS" DOWN THERE IN FLORIDA, THIS TIME ....

FOR WHOM HE HAS BEEN "DELIVERING RESULTS" ....

HERE IN THE STATE OF NEW YORK ....

EXCEPT ....

AS IS OBVIOUS FROM THE FACT THAT "BIG JOE" IS FLYING DOWN TO FLORIDA ....

BIG JOE'S "CONSTITUENTS" ....

DON'T LIVE HERE IN THE STATE OF NEW YORK ....

NOR ARE THEY CITIZENS OF THIS STATE ....

THEY JUST WANT A PIECE OF THE "ACTION" HERE ....

WHICH "BIG JOE" OWNS ....

OR CONTROLS ....

AS THE "EASY BOSS" OF THE CORRUPT EMPIRE OF NEW YORK ....


And so ....
Livyjr
It's not really another tax, of course ....

Just a fee .....

Or maybe an "assessment", as in this case ....

And so ...

"Health policies charge assailed - Plan to increase 'assessment' is called a tax by Spitzer critics"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Tuesday, February 13, 2007

ALBANY -- Gov. Eliot Spitzer broke his promise not to raise taxes, and it may cost consumers more in their health insurance premiums, according to representatives of employers and insurers.

The governor plans to raise $850 million, up $75 million from this year, with a higher "assessment" on the health insurance industry.


The money helps pay for such health-related costs as graduate medical student education.

Spitzer is trying to reduce those costs as well.

Spitzer's budget director, Paul Francis, said the increased assessment on policies sold by health insurance companies -- called the "the covered lives assessment" -- is not a tax.

The companies, he said, have enjoyed robust profits and don't need to pass it on.

"They have the profit margins to sustain this," he said.

Robert Ward, research director for the Business Council of New York State, said that for consumers there is no difference between the assessment and a tax.

"The name is less important than the effect."

"It drives up the cost of health insurance, making it harder for both employers and individuals to afford coverage," he said.

E.J. McMahon, director of the Manhattan Institute's Empire Center, said Spitzer is hiding behind language, as Gov. Pataki and other executives did in their budgeting.

"Calling a tax an assessment -- and then denying that you're raising taxes when you raise the assessment -- is an old Albany dodge," he said.


"It's one of those things that didn't actually change on day one."


The amount of money raised from the assessments climbed to $775 million this year from $665 million in 1997 and is a factor in the overall cost of health insurance, industry representatives say.

"We recognize they're trying to spread the pain across the entire health care system," said Leslie Moran, senior vice president for the New York Health Plan Association.

Assembly Insurance Committee Chairman Alexander Grannis, D-Manhattan, said insurers almost always pass costs on, but they don't need to.

"You wouldn't want it to come out of your record profits," he said.
Livyjr
QUOTE(Livyjr @ Jan 22 2007 @ 05:45 PM)
And by way of some official history, here .....

From the Archives of the State of New York ....

On who the governor of the State of New York is really supposed to be .....

According to OUR New York State Constitution ...

EXECUTIVE BRANCH

Office of Governor: Current Functions.

The governor, as chief executive officer of the State, is responsible for ensuring that the laws of the State are carried out.

New York's constitution of 1777 created the office of governor "to take care that the laws are faithfully executed" and "to transact all necessary business with the officers of government."

NOWHERE .....

IN OUR STATE CONSTITUTION ...

IS THERE A PROVISION ....

THAT CALLS FOR ...

THE GOVERNOR ...

OF THE STATE OF NEW YORK ....

TO ATTACK MEMBERS OF THE LEGISLATURE ....

WE USED TO HAVE THAT ....

BACK WHEN WE HAD ROYAL GOVERNORS ....

BUT THAT "SYSTEM" HAS BEEN GONE ...

FOR SOME TIME NOW ....

SINCE BURGOYNE TRIED TO COME SOUTH FROM CANADA ....

BACK IN 1777, TO BE EXACT ....

AND FAILED ...

TO CRUSH THE REBELLION HERE ....

AGAINST ROYAL GOVERNMENT ....

AND ROYAL GOVERNORS ...

LIKE SPITZER'S ROYAL PREDECESSOR, CORNBURY ....

And so ...

EL CAUDILLO SPITZER, HOW DOES YOUR ATTACKING THE MEMBERS OF OUR ASSEMBLY GO TOWARDS YOU SEEING THAT OUR LAWS ARE FAITHFULLY EXECUTED?

CAN YOU ANSWER THAT FOR US COMMON CITIZENS UP HERE, WHO ARE FOR THE CONSTITUTION AND THE LAW, AND SO, ARE PRESENTLY ALIGNED AGAINST YOU, AS THE BIGGEST THREAT WE SEE TO THAT CONSTITUTION, AND OUR LAWS WHICH FLOW FROM IT TO PROVIDE US WITH ORDER IN OUR LIVES UP HERE?


"Spitzer targets Reilly on own turf - Legislators criticize governor for attacking other Democrats over their comptroller votes"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Tuesday, February 13, 2007

ALBANY -- Gov. Eliot Spitzer will take his criticism of Assembly members to Robert Reilly's district today and describe the two-term fellow Democrat as part of the problem in Albany rather than part of the solution.

Spitzer has told associates he will take Reilly to task in much the same way he has chastised other lawmakers who voted last week to name former Assemblyman Thomas DiNapoli as state comptroller.

Spitzer has lambasted lawmakers for bucking the recommendations of a panel of former state and New York City comptrollers that he and legislative leaders agreed would review applicants.


DiNapoli, a Nassau County Democrat, was supported by almost all the Assembly's Democrats.

Spitzer's aides say the governor may criticize Reilly -- whose constituents include many retirees and state workers concerned about the state pension plan -- for voting to place the retirement system in the hands of an unqualified investor.

The comptroller is the sole trustee of the pension fund.

"Bob can't call himself a reformer and denounce the governor when he objects to cronyism in the assembly," said Spitzer spokesman Darren Dopp.

Spitzer is blasting individual Assembly members in their districts as he promotes his $120.6 billion budget plan during stops across the state.

Already, he has sharply criticized Assemblymen William Magnarelli in Syracuse and George Latimer in Westchester County, questioning their commitment to reform.

Reilly, who spoke in favor of DiNapoli during the comptroller's vote, said he welcomes Spitzer's reform agenda, but "nevertheless I think it's very unfortunate ... that the executive deigned to insert himself into that process ... in a very inappropriate way."

The comptroller's post became vacant after Democrat Alan Hevesi resigned in December as part of a plea deal in which he avoided jail time for a fraud scandal in which he used state employees to chauffeur his wife and do personal chores for her.

Under the state Constitution, Spitzer could have appointed a comptroller between Jan. 1 and Jan. 3, when the Legislature was not in session.

Instead, he agreed with legislative leaders to use the selection panel, his aides say.

The panel, however, recommended none of the five Assembly members who sought the comptroller's job.


Silver said his members, including Reilly, will be working on improving health care and would not respond directly to Spitzer's attacks.

Bruno has said the governor should move on: "It's time to govern."

Reilly said he talked with a representative of the governor, who told him Spitzer could have filled the post.

Reilly maintains Spitzer is wrong to assert that DiNapoli is unfit for the job.

He noted that Spitzer has nominated Assemblyman Alexander "Pete" Grannis, D-Manhattan, for another high-level post as environmental conservation commissioner.

Grannis passed on the comptroller vote.

"To say that Pete Grannis is appropriate to manage the DEC, of which he would manage 2,000 people, and Tom DiNapoli is not is disingenuous," Reilly said.

Assembly Majority Leader Ronald Canestrari, D-Cohoes, said Spitzer's campaign of picking on lawmakers because of their vote is "a step backwards" and that the governor should focus on negotiating his budget.

"People know Bob Reilly and he will do what's best for his constituents," Canestrari said.

"He'll be proven right once again."

Asked if having a popular governor criticize him will hurt his re-election effort, Reilly suggested he may not run again.

"Who said there will be a re-election effort?" he said.

Assemblyman Joseph Lentol, D-Brooklyn, said Spitzer should not slam lawmakers who rose up against Silver's backroom deal with the governor.

"The reform I'm talking about is not abdicating my responsibility as a member of the Legislature and conceding that power to the executive," he said.

Spitzer, he added, seems to be going after members who are vulnerable to losing election.


Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.
Livyjr
QUOTE(Livyjr @ Feb 12 2007, 07:50 AM) *
"Spitzer won't pull any punches - Governor expected to continue battles over comptroller vote, control of state Senate"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Monday, February 12, 2007

ALBANY -- Gov. Eliot Spitzer will continue to wage a two-front war against the state Legislature this week, slamming Assembly members in their own districts for defying him in the comptroller vote and plotting to help his Democratic Senate allies wrest control of their chamber from Republican hands.

The day after the vote, Spitzer traveled to Syracuse to tout his budget.


While there, he criticized Assemblyman Bill Magnarelli, a Democrat who helped raise $100,000 for Spitzer's 2006 gubernatorial campaign, calling the legislator "one of those unfortunate Assembly members who just raises his hand when he's told to do so."

QUOTE(Livyjr @ Feb 13 2007, 07:35 AM) *
EL CAUDILLO SPITZER, HOW DOES YOUR ATTACKING THE MEMBERS OF OUR ASSEMBLY GO TOWARDS YOU SEEING THAT OUR LAWS ARE FAITHFULLY EXECUTED?

CAN YOU ANSWER THAT FOR US COMMON CITIZENS UP HERE, WHO ARE FOR THE CONSTITUTION AND THE LAW, AND SO, ARE PRESENTLY ALIGNED AGAINST YOU, AS THE BIGGEST THREAT WE SEE TO THAT CONSTITUTION, AND OUR LAWS WHICH FLOW FROM IT TO PROVIDE US WITH ORDER IN OUR LIVES UP HERE?

"In spoiling for a fight, Spitzer shows his dysfunctional side"

Fred LeBrun, Political Analyst, Albany, New York Times Union

First published: Tuesday, February 13, 2007

What fantastic political theater we're being forced to watch.

Sweeney Spitzer, the demon barber of State Street, who makes tasty meat pies from legislators who dare oppose him.

Who knew he had it in him?

I suppose if we had read the book "Spoiling for a Fight" we would have known.

But we didn't know.

Now we do.


In the short term, Eliot Spitzer will rile up the general population that's heard for years how dysfunctional the state political process has become, and he will score a few cheap political points.

Like he did last week with Syracuse Democratic Assemblyman Bill Magnarelli, who had the nerve to vote his own mind for a new state comptroller -- defying the governor.

Magnarelli voted for Tom DiNapoli.

Spitzer was trying to steer the process to elect his choice, Martha Stark, New York City's finance commissioner.

So Spitzer, in a delightful bit of mean-spiritedness, bad-mouthed Magnarelli in the assemblyman's own district.

He called Magnarelli "one of those unfortunate Assembly members who just raises his hand when he's told to do so."


Ah, but talk about hypocrisy.

If you go back and look at the actual vote, every Democrat in the Senate voted as a bloc for Stark.

Because they were told to do so, in no uncertain terms.


By the governor's office.

Democrats are the minority in the Senate.

They depend on the governor's office, not on the majority Senate Republicans, for pork barrel largesse.

So, yes, we are witnessing hysterical, finger-pointing misdirection and hypocrisy at its most breathtaking during the governor's magical mystery tour promoting his budget.

Although it is barely about promoting his budget so much as it is about screaming "DYSFUNCTIONAL LEGISLATURE! DYSFUNCTIONAL LEGISLATURE!" over and over, and hoping it sticks.


But in the long term, all of this will become increasingly irritating and annoying, and not productive.

At the moment, Spitzer is all about outrageous style and spin, but woefully short on substance.

Eventually, that will show.

Remind me again, exactly how is the Legislature being dysfunctional?

Okay, we can argue over the choice of the replacement for the disgraced state comptroller, Alan Hevesi.

But show me where the Legislature didn't do its job.

Legislators picked a candidate, and a darned good one, quickly and decisively.

I would argue the dysfunction was totally in the governor's office for playing clumsy, arrogant politics that did not get the results Eliot Spitzer wanted.

What does he want?

To control the Legislature.

So how is that better than what we have now?

It's not.


The only thing worse than one-party rule is one-person rule.

You know what that's called.


Frankly, Eliot Spitzer can be thankful the Legislature gave him the measured, thoughtful, gentlemanly Tom DiNapoli as comptroller.

Just imagine if my first choice, Richard Brodsky, had prevailed.

On any given day, Richard can out-Spitzer Spitzer in terms of bombastic political theater.

Put the governor between Attorney General Andrew Cuomo and Comptroller Richard Brodsky, and we'd all have headaches.

Lost in the present Spitzer-generated malarkey, which is really about trying to destabilize the Legislature, is any meaningful discussion of the state budget before us.

Did you know, for example, that reformer Eliot Spitzer's proposed budget is nearly 5 percent higher than last year's, that it is higher than the consumer price index?

And that's before the Legislature adds anything to it?

Hello?

Can we get back to business here?


Fred LeBrun can be reached at (518) 454-5453 or by e-mail at flebrun@timesunion.com.

end quotes

When this Assemblyman Bill Magnarelli was "out there" ....

Raising $100 GRAND ......

For "EL CAUDILLO" Spitzer's 2006 GUBERNATORIAL BID ....

I wonder if he was then ....

"One of those unfortunate Assembly members who just raises his hand when he's told to do so ....."

By "EL CAUDILLO" Spitzer ....

"BILL, GET YOUR *** OUT THERE ON THE STREET, AND HUSTLE ME UP $100 GRAND, OR YOU'RE GONE!"

Just curious, of course ...

And so ...
Livyjr
QUOTE(Livyjr @ Feb 9 2007, 09:03 AM) *
EL CAUDILLO RULES!

VIVE EL CAUDILLO!


"Governor unleashes on lawmakers - Comptroller showdown sparks heated denunciations from Spitzer as he visits Assembly members' home districts"

By MICHAEL COOPER and DANNY HAKIM, New York Times

First published: Friday, February 9, 2007

ALBANY -- The battle between Gov. Eliot Spitzer and state lawmakers erupted into an all-out war on Thursday, as the governor began to visit the districts of fellow Democrats in the Legislature to assail their decision to make one of their colleagues the state's top financial officer.

QUOTE(Livyjr @ Feb 9 2007, 07:00 PM) *
THE CONSTITUTION OF THE STATE OF NEW YORK

As Revised, with Amendments Adopted by the Constitutional Convention of 1938 and Approved by vote of the People on November 8, 1938.

As Amended and in Force January 1, 2002, but with November 2003 results included

ARTICLE V - Officers and Civil Departments

Section 1. The comptroller and attorney-general shall be chosen at the same general election as the governor and hold office for the same term, and shall possess the qualifications provided in section 2 of article IV.

The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general.


http://www.senate.state.ny.us/lbdcinfo/senconstitution.html

QUOTE(Livyjr @ Feb 8 2007, 09:11 AM) *
EXTRA, EXTRA, EXTRA .....

READ ALL ABOUT IT ....

FIRST TRIUMVERATE CRUMBLES!

CIVIL WAR THREATENED!

SIDES ARE BEING TAKEN .....

LINES ARE BEING DRAWN ....

AS EL CAUDILLO SPITZER ....

GIRDS HIS LOINS ....

TO TAKE DOWN THE "IRON DUKE" OF RENSSELAER COUNTY ....

"BIG JOE" BRUNO .....

ALIAS "CRASSUS" .....

AND "POMPEIUS MAGNUS" SILVER ....

OF THE NEW YORK STATE ASSEMBLY .....

AND HERE IS A TASTE ....

OF WHAT HAPPENS ....

IN A CORRUPT EMPIRE ....

WHERE THE CITIZENS THEMSELVES ....

HAVE NO IDEA OF WHAT CONSTITUTIONAL GOVERNMENT IS OR MEANS ....

AND THEN GET WHIPPED UP ...

INTO A SNARLING FRENZY ....

BY A "CAUDILLO" ....

LIKE ELIOT SPITZER ....

THE SELF-PROCLAIMED "VOICE OF THE PEOPLE" ....

IN THE CORRUPT EMPIRE OF NEW YORK ....

WHICH IS ONE OF THE REASONS THIS THREAD IS RUNNING, TO BE TRUTHFUL ....

AS I PERSONALLY DO NOT LIKE LIVING IN A STATE OF "WAR" ....

HERE IN MY OWN HOME STATE .....

A WAR CAUSED BY EXPLOITATION OF IGNORANCE ....

BY "CAUDILLOS" LIKE ELIOT SPITZER ...

And so ....

"Letter threatens new comptroller - Police probe message that also mentioned Assembly Speaker Silver"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Wednesday, February 14, 2007

ALBANY -- Less than a week after taking office, Comptroller Thomas DiNapoli on Tuesday received a threatening letter that named both him and Assembly Speaker Sheldon Silver, spokesmen for DiNapoli and State Police said.

A comptroller's office employee who opened the envelope discovered a white powder and immediately informed a supervisor, comptroller spokesman Dan Weiller said.

The supervisor called police just after 9 a.m.


Police determined the substance was not dangerous, Weiller said.

The comptroller's office was not evacuated, but the Albany Fire Department was called and removed the letter, State Police Sgt. Kern Swoboda said.

The letter, which carried an Albany postmark, was then given to police.

A transcript of the note referred to DiNapoli's election by the Legislature, rather than by the public.

"You weren't elected by the people," it said.

"I see you walking by the capitol."


"Forgive me, I'm so depressed."

"I'm going to give you the Huey Long treatment."

"Do you know who he was?"

"I was a marksman in the army."

"Two shots that's all."


"Please forgive me -- I'm so depressed."

"Silver has got to go too."


The threat comes during a political battle between Gov. Spitzer and lawmakers over the Legislature's election last week of DiNapoli, an assemblyman, as comptroller.


Spitzer and legislative leaders initially agreed to have a panel of former state and New York City comptrollers recommend finalists to lawmakers for the post.

But the panel's list contained none of the assemblymen who applied.

The Legislature, dominated by Assembly Democrats, elected DiNapoli over Spitzer's objections.

DiNapoli, a Democrat, replaced Alan Hevesi, who resigned in December.

Silver spokesman Charles Carrier said the Assembly Speaker's office was notified of the threat at about 11 a.m. by the comptroller's office and called State Police.
Livyjr
And pardon my absence in here yesterday ....

Had to deal with some snow ....

Which takes priority over just sitting here at the keyboard ....

If I want to get out of the driveway ....

And so ...
Livyjr
"New state health commissioner defends cuts - Once on the receiving end of budget reductions, former hospital administrator now advocates them"

By CATHLEEN F. CROWLEY, Staff writer, Albany, New York Times Union

First published: Wednesday, February 14, 2007

ALBANY -- The state's new health commissioner empathized with hospital leaders as he defended the governor's proposed health budget on Tuesday.

Dr. Richard Daines appeared at the joint budget hearing held by the Senate Finance Committee and Assembly Ways and Means Committee to present Gov. Eliot Spitzer's $48.2 billion health budget.


The budget is $1.2 billion lower than the state's health providers say they deserve.


Just a few weeks ago, Daines was a hospital president himself.

Daines, who has yet to be sworn in as health commissioner, was chief medical officer of St. Luke's Roosevelt Hospital Center in New York City.

"I know what it's like to be on the receiving end of an executive budget," Daines said.

Assemblyman Richard Gottfried said Daines had been on the receiving end of legislatively adjusted budgets, in which cuts had been restored.

Daines was flanked by two other Spitzer appointees who formerly advocated for state funding of human services.

Deborah Bachrach was a lawyer who specialized in public health insurance law and is now deputy commissioner of the new Office of Health Insurance.

Michael Burgess, the former executive director of the New York State Alliance for Retired Americans, is director of the state Office for the Aging.

"A few months ago, these are the people who would have been calling me up and asking what are we going to do (about these cuts)?" said Daniel Sisto, president of the Healthcare Association of New York State.

Instead, they defended the cuts.

Gottfried, who is chairman of the Assembly Health Committee, pressed Daines for a rationale for freezing the Medicaid inflation rate, as Spitzer has proposed.

Daines said the freeze would reduce the rate of growth of the Medicaid spending, but acknowledged the actual cost hospitals and nursing homes incur is unknown because of the cost-of-service formulas are outdated.

Hospitals, nursing homes and other providers said the cuts would be devastating on top of President Bush's proposed cutbacks, and asked legislators to reject Spitzer's budget until a complete package is crafted.

Daines said he opposed Bush's proposals.
Livyjr
QUOTE(Livyjr @ Feb 9 2007, 07:56 PM) *
"Now, it's Spitzer the statesman who needs to step forward"

Fred LeBrun, Political Analyst, Albany, New York Times Union

First published: Friday, February 9, 2007

Spitzer got himself politically bloodied Wednesday over the Legislature's choice of a new comptroller.

The governor had it coming.

If you're going to play the bully -- and Spitzer has with the Legislature over this -- you better have the muscle to back it up, as in the votes.

He didn't.

His persuasive charm was not enough.

Eliot Spitzer, it seems, has a lot to learn about effective governing.

We like our state constitution with its separation of powers.


Frankly, Spitzer makes a lousy Louis XIV, as in "I am the state."

QUOTE(Livyjr @ Feb 11 2007, 05:24 PM) *
"Spitzer's first 40 days with Legislature: Strategy or naivete?"

By MICHAEL GORMLEY, Associated Press

Last updated: 10:22 a.m., Sunday, February 11, 2007

ALBANY -- So, the big question in Albany these days is, Is Eliot Spitzer brilliant, or just nuts?

The governor's very early record these first 40 days didn't lack for striking drama in a town whose gear shift has long been stuck in glacial.

Some say the Democrat's bold treatment of the Legislature shows he's a legislative newbie who, like so many past governors, will be snared in the clutches of the powerful and well-protected body.

Others say Spitzer is, as Rep. Charles Rangel once said in frustration, the "world's smartest man," plotting the only strategy that will shake things up.

"In some of this, I think he's right," said political science Professor Robert McClure of Syracuse University's Maxwell School.

"His position is a position that I think is considered and probably in the best interest of the state ... but his statements signal what I worry may be a serious character flaw, and perhaps a political flaw."

"His statements are over the top," McClure said.

"I have every reason to believe he's a very smart man."

"At some level, even if this is a brilliant Machiavellian strategy, I'm worried about the Machiavelli part of it."

McClure notes that major reform usually requires a huge "jolt."

Nationally, think Depression or a world war.

Perhaps, McClure said, Spitzer is trying to do that in Albany.

"Now you have everything dislodged and all the moving parts are in play," McClure said.


"The governor seems to think he is the center of things and he can make it happen."

"That may or may not be healthy or accurate, but I am doubtful of both."

QUOTE(Livyjr @ Jan 31 2007, 07:02 PM) *
And of course .....

Through Theodore "Teddy" Roosevelt .....

Who started out his political career ....

As an Assemblyman in the New York State Legislature ....

William Randolph Hearst .....

And his Hearst Corporation newspapers .....

Play a somewhat prominent role ....

In both New York State history .....

And politics, as well ....

And this role is mentioned .....

In an excellent history ....

Of Teddy Roosevelt's early years in politics ....

Entitled I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl, himself a staff writer for the Albany, New York TIMES UNION .....

And one particular vignette from that book ....

Or perhaps INCIDENT is the better word ....

Involving William Randolph Hearst .....

AND THE MURDER ....

OR ASSASSINATION ....

Of a United States president ....

Might be ILLUSTRATIVE .....

Of how we citizens up here .....

View the Albany, New York TIMES UNION

As something to be wary of .....

In our midst .....

As a HEARST CORPORATION STALKING HORSE ....

And without further ado ....

From pp.368,369 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl ......

Roosevelt (Teddy Roosevelt, then vice president of the United States, September 1901) shared none of McKinley's (President William McKinley, who lay dying from an anarchist assassin's bullet) feelings of forgiveness toward the assassin.

"It was in the most naked way an assault not on power, not on wealth, BUT SIMPLY AND SOLELY UPON FREE GOVERNMENT, GOVERNMENT BY THE COMMON PEOPLE, BECAUSE IT WAS GOVERNMENT AND BECAUSE IT YET STOOD FOR ORDER AS WELL AS FOR LIBERTY," Roosevelt wrote.

Three days later, in a letter to Lodge (Henry Cabot Lodge), Roosevelt railed against the anarchistic climate of the times that led to the unthinkable act on the part of Czolgosz, whom he called a "Judas-like dog" and wanted to punish in the most severe way.

*****

Roosevelt expressed incredulity to Lodge about how "it did not seem possible that just at this time in just this country, and in the case of this particular president, any human being could be so infamous a scoundrel, so crazy a fool as to attempt to assassinate him."

ROOSEVELT ISSUED A CALL TO BATTLE AGAINST ANARCHY, THE AUTHORS OF ITS NIHILISTIC TRACTS, AND THOSE WHO SUPPORTED THE PHILOSOPHY OF LAWLESSNESS.

"WE SHOULD WAR WITH RELENTLESS EFFICIENCY NOT ONLY AGAINST ANARCHISTS, BUT AGAINST ALL ACTIVE AND PASSIVE SYMPATHIZERS WITH ANARCHISTS."

"MOREOVER, EVERY SCOUNDREL LIKE HEARST AND HIS SATELLITES WHO FOR WHATEVER PURPOSES APPEALS TO AND INFLAMES EVIL HUMAN PASSION, HAS MADE HIMSELF ACCESSORY BEFORE THE FACT TO EVERY CRIME OF THIS NATURE, AND EVERY SOFT FOOL WHO EXTENDS A MAUDLIN SYMPATHY HAS DONE LIKEWISE."


Roosevelt was alluding to Hearst's newspapers' relentless attacks on President McKinley's policies and on the politician personally.

HEARST'S JOURNAL REACHED A NADIR IN ITS BARRAGE AGAINST MCKINLEY IN APRIL 1901, SHORTLY BEFORE MCKINLEY'S SECOND INAUGURATION, BY EDITORIALIZING IN FAVOR OF POLITICAL ASSASSINATION.

"IF BAD INSTITUTIONS AND BAD MEN CAN BE GOT RID OF ONLY BY KILLING, THEN THE KILLING MUST BE DONE."

The scorn heaped upon Hearst was swift and overwhelming from Republican-affiliated newspapers, which blamed the publisher's editorials for spurring the assassin to pull the trigger against the president.

GROUPS BEGAN BOYCOTTING HEARST'S PAPERS AND THE PUBLISHER RECEIVED DEATH THREATS.

HEARST TRIED TO EXTRACT HIMSELF FROM THE MAELSTROM BY CLAIMING HE PULLED THE OFFENSIVE EDITORIAL AFTER READING IT IN THE FIRST EDITION - AN ASSERTION MADE LONG AFTER THE FACT AND UNVERIFIED.

IN ANY EVENT, HE HAD SENT AN EMISSARY TO APOLOGIZE PERSONALLY TO PRESIDENT MCKINLEY AFTER THE EDITORIAL GENERATED A CONTROVERSY.

BUT THE DAMAGE WAS DONE.

ONE MAGAZINE EDITORIALIZED, "AS FOR HEARST PERSONALLY .... HE WILL ALWAYS REMAIN THE DEGRADED, UNCLEAN THING THAT HE IS, SHUNNED BY EVERY HONEST CITIZEN, AND FOR WHOSE WANDERING FEET THERE SHALL BE NO RESTING PLACE WHERE THE AMERICAN FLAG RISES AND FALLS ON THE BREEZE."

THE SCANDAL FORCED HEARST TO RETREAT FROM ELECTORAL POLITICS AND DOGGED THE PUBLISHER THE REST OF HIS DAYS.

THERE WAS NO LOVE LOST ON THE PART OF ROOSEVELT, WHO HAD DESPISED HEARST SINCE HARVARD.


"HE PREACHES THE GOSPIL OF ENVY, HATRED AND UNREST," ROOSEVELT WROTE OF HEARST.

"HE CARES NOTHING FOR THE NATION, NOR FOR ANY CITIZEN IN IT ..."

"HE IS THE MOST POTENT SINGLE INFLUENCE FOR EVIL WE HAVE IN OUR LIFE."

QUOTE(Livyjr @ Feb 14 2007, 09:31 AM) *
AND HERE IS A TASTE ....

OF WHAT HAPPENS ....

IN A CORRUPT EMPIRE ....

WHERE THE CITIZENS THEMSELVES ....

HAVE NO IDEA OF WHAT CONSTITUTIONAL GOVERNMENT IS OR MEANS ....

AND THEN GET WHIPPED UP ...

INTO A SNARLING FRENZY ....

BY A "CAUDILLO" ....

LIKE ELIOT SPITZER ....

THE SELF-PROCLAIMED "VOICE OF THE PEOPLE" ....

IN THE CORRUPT EMPIRE OF NEW YORK ....

WHICH IS ONE OF THE REASONS THIS THREAD IS RUNNING, TO BE TRUTHFUL ....

AS I PERSONALLY DO NOT LIKE LIVING IN A STATE OF "WAR" ....

HERE IN MY OWN HOME STATE .....

A WAR CAUSED BY EXPLOITATION OF IGNORANCE ....

BY "CAUDILLOS" LIKE ELIOT SPITZER ...

And so ....

"Letter threatens new comptroller - Police probe message that also mentioned Assembly Speaker Silver"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Wednesday, February 14, 2007

ALBANY -- Less than a week after taking office, Comptroller Thomas DiNapoli on Tuesday received a threatening letter that named both him and Assembly Speaker Sheldon Silver, spokesmen for DiNapoli and State Police said.

A transcript of the note referred to DiNapoli's election by the Legislature, rather than by the public.

"You weren't elected by the people," it said.

"I see you walking by the capitol."


"Forgive me, I'm so depressed."

"I'm going to give you the Huey Long treatment."

"Do you know who he was?"

"I was a marksman in the army."

"Two shots that's all."


"Please forgive me -- I'm so depressed."

"Silver has got to go too."


The threat comes during a political battle between Gov. Spitzer and lawmakers over the Legislature's election last week of DiNapoli, an assemblyman, as comptroller.

And from the editors at the HEARST CORPORATION'S Albany, New York Times Union ....

MORE INFLAMMATORY RHETORIC .....

SUCH AS THAT WHICH ALLEGEDLY SPARKED THE ASSASSINATION OF AMERICAN PRESIDENT, WILLIAM McKINLEY ....

"IF BAD INSTITUTIONS AND BAD MEN CAN BE GOT RID OF ONLY BY KILLING, THEN THE KILLING MUST BE DONE ......"

Which INFLAMMATORY RHETORIC from the HEARST CORPORATION EDITORS ....

Only serves to undermine OUR CONSTITUTIONAL FORM OF GOVERNMENT up here in the CORRUPT EMPIRE of NEW YORK ....

WHERE THE CONSTITUTIONAL FUNCTION OF THE GOVERNOR ....

OF THE STATE OF NEW YORK ....

IS TO SEE THAT OUR LAWS ARE FAITHFULLY EXECUTED .....

NOT TO BE PLAYING SILLY CHILDREN'S GAMES WITH THE LEGISLATURE ....

AS IF "EL CAUDILLO" SPITZER .....

WERE A ROYAL GOVERNOR ....

SPARRING WITH A FRACTIOUS COLONIAL ASSEMBLY ...

And so ....

"Stick to it, Mr. Spitzer - What's so dictatorial about a governor who stands up to the members of the Legislature?"

Albany, New York Times Union

First published: Wednesday, February 14, 2007

We knew Governor Spitzer was angry, and understandably so, over being double-crossed on the selection of a state comptroller who came from the ranks of the Legislature and not a list of three, more qualified but less politically connected candidates.

We knew the governor was even citing individual legislators by, horrors, name in an apparent breach of the protocol of the coziness of the Albany culture.


What we didn't know was how that in any way resembled tyranny.

Yet here's state Senate Majority Leader Joseph Bruno's take on the more aggressive governor that we thought the people of New York clearly preferred, judging by the November election results.

"People who dictate, people who are tyrannical, they don't get results," Mr. Bruno said Monday.


On Tuesday, he called the governor a "bully" who was having a "tantrum."


Ah, just what did Mr. Spitzer do to invoke such comparisons, not to mention a crass political threat, besides get his back up when Mr. Bruno and Assembly Speaker Sheldon Silver backed out of a deal that a panel of former comptrollers would determine which candidates might replace the disgraced Alan Hevesi?

What's wrong with the governor expressing dismay that certain legislators -- all Assembly Democrats, so far -- he thought were all for reforming state government instead embraced politics that ought to be obsolete by now by treating a critically important position as political booty?

All this, and Mr. Spitzer hasn't even gotten to Mr. Bruno or any other Republican senator.

What sort of accusations and comparisons will be coming from Mr. Bruno if the governor starts prodding them -- again, by name -- to cease being the biggest obstacle of all to campaign finance reform and to taking the power to draw legislative districts out of legislators' hands?

The Legislature might actually be an even bigger problem than Mr. Spitzer makes it out to be.

The resistance to a governor calling them as he sees them, and putting its members on record, is unsettling, especially when relatively little about state government gets fixed without the Legislature's consent.


Listen to the howls of protest about how audacious and crass Mr. Spitzer is when he declines to let legislators hide behind their leaders.


The reform measures that will bring about competitive elections can't be passed soon enough.

Oh, there's something that smacks of tyranny in Albany, all right.

It's the arrogance of a political culture that's caught so indignantly off guard by the very notion of accountability.


Mr. Spitzer has the perfect antidote to that. Just listen:

"There are maybe some votes they can win because they have the votes."

"But it is going to be a very temporary win because the public understands there is a fundamental problem and the status quo at the end of the day will give in to the argument we are making that things have to change."

Tyrannical?

No, logical.
Livyjr
QUOTE(Livyjr @ Feb 15 2007, 08:07 AM) *
"IF BAD INSTITUTIONS AND BAD MEN CAN BE GOT RID OF ONLY BY KILLING, THEN THE KILLING MUST BE DONE ......"

- HEARST CORPORATION NEWSPAPER EDITORIAL CALLING FOR ASSASSINATION OF AMERICAN POLITICAL LEADERS, circa 1900

QUOTE(Livyjr @ Jan 31 2007 @ 07:02 PM)
From pp.368,369 of I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt by Paul Grondahl ......

ONE MAGAZINE EDITORIALIZED, "AS FOR HEARST PERSONALLY .... HE WILL ALWAYS REMAIN THE DEGRADED, UNCLEAN THING THAT HE IS, SHUNNED BY EVERY HONEST CITIZEN, AND FOR WHOSE WANDERING FEET THERE SHALL BE NO RESTING PLACE WHERE THE AMERICAN FLAG RISES AND FALLS ON THE BREEZE."

"HE PREACHES THE GOSPIL OF ENVY, HATRED AND UNREST," ROOSEVELT WROTE OF HEARST.

"HE CARES NOTHING FOR THE NATION, NOR FOR ANY CITIZEN IN IT ..."

"HE IS THE MOST POTENT SINGLE INFLUENCE FOR EVIL WE HAVE IN OUR LIFE."

And as the OUT-OF-STATE HEARST CORPORATION continues ....

TO PREACH THE GOSPIL OF ENVY, HATRED AND UNREST .....

HERE IN THE CORRUPT EMPIRE OF NEW YORK ....

DICTATING to us ....

THE CITZENS OF THIS STATE ....

How OUR government here in the CORRUPT EMPIRE of NEW YORK MUST FUNCTION ....

IN ITS VIEW, ANYWAY ....

DESPITE OUR STATE CONSTITUTION ....

We have ....

"Mr. Silver's olive branch - He reaches out to an angry Gov. Spitzer, but his deeds must match his words"

Albany, New York Times Union

First published: Tuesday, February 13, 2007

Assembly Speaker Sheldon Silver sure sounds magnanimous, and puzzlingly so, for someone who's been on the receiving end of some extremely harsh, if generally justified, remarks by Governor Spitzer.

Rather than return fire, after the governor said he lacked integrity, Mr. Silver says he's determined to work with his adversary.


"I think together as partners we can accomplish a lot," Mr. Silver said last week in the aftermath of a showdown in which the Assembly and the rest of the Legislature defied Mr. Spitzer and saw to it that one of its own members, Thomas DiNapoli of Nassau County, was selected as the new state comptroller.

What gives?

What's missing in this script of political maneuvering?


One approach is to skip trying to read the tea leaves and simply take Mr. Silver at his word -- and hold him to it.

There's still a state government to fix, more urgently so than ever.

If Mr. Silver is implying that the gamesmanship of the comptroller's election shouldn't be a barrier to reform of a Capitol culture that's deteriorated even further, let him be among those who lead the way.

Mr. Silver was talking about what an intensely committed governor Mr. Spitzer is last week.

He could stay on the high road, then, and demonstrate a commitment of his own.

It's no mystery what needs to be done to make state government more representative and accountable.

A speaker so eager to work with the governor would of course be an ally of equal intensity in the quest to turn the power to draw legislative district lines over to a nonpartisan commission.

He'd be as insistent as the governor in reforming the state's campaign finance laws.

To be fair, Mr. Silver has been supportive of both causes in the past -- more so, certainly, than Senate Majority Leader Joseph Bruno.

But it's the failure, year after year, to get such measures enacted that makes for a Legislature that treats such a critically important and specialized position like state comptroller as an object of political spoils.

Legislators who can't be quite so assured of re-election every two years might have thought again before insisting that the vacancy in the comptroller's be reserved for political reward.

A Legislature where reform is measured more by deed and less by rhetoric would be a very different and very welcome place.

There'll be little reason to parse Mr. Silver's statesmanlike words and tone when he's talking about genuine accomplishments on his and his colleagues' part, rather than declining to get into a public war of words with a very blunt and angry governor.

The speaker's words of admiration for the governor will mean a lot more when Mr. Spitzer is inclined to stand at Mr. Silver's side to receive such praise, instead of continuing to attack him.

Mr. Silver needs, in other words, to see to it that last week's stunt isn't repeated, and that the Assembly is above such cronyism.

When that's the case, his magnanimity will be so refreshing that it leaves no suspicion.

Your move, Mr. Silver.
Livyjr
QUOTE(Livyjr @ Apr 3 2005, 03:40 PM) *
Friday, December 12, 2003:

"Fund-raiser nets Spitzer $2 million - luncheon for likely gubernatorial candidate attracts hedge fund managers, lawyers"

by Matthew Cox, Bloomberg News:

New York State Attorney General Eliot Spitzer collected more than $2 million at a political fund-raiser, with hedge fund managers and lawyers among the big donors, and said HE COULD ACCEPT CAMPAIGN FUNDS FROM THE INVESTMENT COMMUNITY WITHOUT COMPROMISING HIS ENFORCEMENT ROLE.

Spitzer, the leader of investigations into Wall Street conflicts of interest and mutual fund trading, has said he is interested in running for governor in 2006.


Though he hasn't officially declared his candidacy, Thursday's fund-raiser was Spitzer's biggest ever.

His investigations of "certain aspects of the securities market doesn't mean there can't be or shouldn't be contributions from anybody within that sector, any more than it would mean because we bring consumer-type cases, no consumer manufacturer could contribute," Spitzer told reporters.

He said his campaign committee has "a very careful vetting process" to avoid accepting gifts from donors under scrutiny by his office.

A Spitzer campaign aide who declined to be identified said hedge funds, lawyers AND THE REAL ESTATE INDUSTRY were among his LEADING SOURCES of campaign MONEY.

The luncheon at the Sheraton New York Hotel drew hedge fund manager Daniel Nir of Gracie Capital LP, who with his wife, Jill Braufman, donated $50,000 in June; Cablevision President James Dolan; Miramax Film Corp. co-chairman Harvey Weinstein, and Melvyn Weiss, one of several lawyer donors who has sued securities firms for investors based on Spitzer's investigations.


"There are a lot of hedge funds that have not been trading the way the naughty ones have," said Roy Smith, a professor of finance at New York University.

"THEY WOULD LOVE TO HAVE MR. SPITZER INVESTIGATE ALL THEIR COMPETITION that's been too aggressive."

Spitzer's investigative work "gives investors a sense that someone's keeping an eye on what's in their best interest," said donor George Fox, founder of Titan Advisors, a hedge fund consultant.

Cynthia Darrison, managing director of the Spitzer campaign committee, said that the event attended by nearly 700 people generated more than $2 million.

"This is meant as a preemptive strike" with 35 months to go until the election, said Douglas Muzzio, professor of public affairs at Baruch College in New York.


"He's saying 'I can raise huge amounts of money.'"

end quotes

Yes, he certainly can.

But by "selling" what?

Or "who", perhaps?

HURRY! HURRY! HURRY!

GOVERNMENT FOR SALE!

GOVERNMENT FOR SALE!

STEP RIGHT UP, FOLKS ....

AND GET SOME .....

WHILE IT IS HOT!

GOVERNMENT FOR SALE!


"Deeper pockets - New York's already high limits on campaign contributions are going up once again"

Albany, New York Times Union

First published: Thursday, February 15, 2007

Only in New York.

Only in a state that makes an utter mockery of campaign finance laws, with the highest maximum contribution limits of any state that bothers to have them, would the high-rolling special interests and other deep-pocketed donors be further enabled while the genuinely needy get no additional help at all.

The maximum donations -- previously $50,100 for contributions made directly to candidates for statewide office, and $84,000 to political parties -- are going up.


Why?

Because state law stipulates as much, as an adjustment for inflation.

Yup, the people who give that kind of money and the politicians who receive it get a break like that.

No one in power -- that would be the recipients of those sky-high contributions -- seems to think that maybe the minimum wage should work the same way.

Or that people on welfare, who haven't had an increase in benefits in 16 years, or college students receiving money from the state's Tuition Assistance Plan, might be hit harder by inflation than the political donor class.

As for how insanely high the contribution limits have become, how's $55,800 for contributions to candidates, and $94,200 for donations to political parties sound?

Nothing like that, we'd have to say, to call even more attention to the campaign finance reform that Mr. Spitzer is so determined to get through the Legislature.

The $10,000 contribution limit he's imposed on himself is beginning to look reasonable by contrast, now that other candidates and their donors have been spared from the cruelties of inflation.

The reform agenda has just gotten more extensive, though.

In addition to imposing reasonable limits on political contributions and providing for publicly financed political campaigns, New York also needs to find a way to give cost of living adjustments to everyone from low-wage workers to public assistance recipients to college kids on financial assistance.

No, that wouldn't be welfare, really, or any other sort of entitlement.

Instead it would be more like parity with the big boys and the donors who allow them to run those high-priced political campaigns.
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