State Senate
Gianaris: Senate Dems Didn’t Encourage Complaint Against Libous
May 15th - 4:14 pm
Sen. Mike Gianaris, head of the Senate Democrats’ political arm, confirmed during a CapTon interview that he had spoken with Binghamton Mayor Matt Ryan about possibly challenging Sen. Tom Libous this fall, but did not encourage him to file an ethics complaint against the veteran GOP lawmaker.
Even though Ryan opted against running for the Senate, he filed a complaint with the Joint Commission on Public Ethics last month, urging the ethics watchdog to investigate a claim that Libous used his clout to land his son, Matthew, a $150,000-a-year sweetheart job with a politically-connected Westchester County law firm.
That claim was made in an unrelated federal corruption trial of a Yonkers city councilwoman during the testimony of disbarred lawyer Anthony Mangone. Libous has repeatedly denied that allegation. His son did work for the firm, but is no longer employed there.
“I have not talked at all to him about this.,” Gianaris said when I asked whether he and Ryan had discussed the mayor’s complaint against Libous, adding that his response to this morning’s TU story (subsequently re-reported by the NYT) about the JCOPE investigation was as follows:
“It’s not pleasant. You know, even though we’re on opposite sides of the aisle, I do consider Tom Libous a friend. We get along. He’s entitled to defend himself, and he says that none of this is true. So, I’ll take him at his word until it’s proven otherwise. But, I hope it’s not true.”
My full interview with Gianaris will air at 8 p.m. and then re-air at 11:30 p.m.
Espada And Bruno In Same Boat
May 15th - 1:00 pm
A source confirms to NY1 that former Senate Majority Leader Pedro Espada Jr. will indeed face a new criminal trial on the four charges on which the jury deadlocked yesterday after finding him guilty on four other charges of theft, embezzlement, and stealing federal funds from his Bronx health clinic, Soundview.
This new piece of bad news for Espada was initially reported by the NY Post.
While the jury struggled to come to a verdict in Espada’s case, the feds made it quite clear they had no intention of letting him go scott free in the event of a mistrial.
After the jurors finally returned a guilty verdict on four counts – each of which carries a prison sentence of up to 10 years – it was speculated that perhaps prosecutors would be satisfied. Apparently not.
This Espada in the same boat as another former Senate majority leader, Republican Joe Bruno, who was recently reindicted on federal corruption charges after his initial conviction on two counts of felony mail fraud was vacated following the US Supreme Court’s ruling that changed the so-called theft of honest services law.
The jury found Bruno not guilty on five other counts and could not reach a verdict on a sixth.
Morse Makes Hay Of Espada Verdict (Updated)
May 14th - 1:12 pm
Albany County Legislature Chairman Shawn Morse seized on the conviction of former Senate Majority Leader Pedro Espada Jr. on four counts of felony theft (so far) from his taxpayer-funded Soundview Health Clinic to tee off on his Democratic primary opponent, Sen. Neil Breslin, for voting to accept Espada back into the conference following the 2009 coup.
“I am glad to see today’s guilty verdicts for disgraced ex-Senator Pedro Espada,” Morse said. “This is yet another step in cleaning up our state Government and giving New Yorkers the Legislature they deserve. ”
“While I hope this is the final end of Pedro Espada’s role in government, we still need to take ahard look at how this situation arose, and the bad choices that were made that allowed him to lie, cheat and steal from the taxpayers for as long as he did.”
“My opponent, who was one of those who supported Mr. Espada in exchange for keeping his position in the Majority, now admits that he ‘shares in the guilt’ and the ‘shame’ for his past support. Mr. Breslin may admit his guilt now, but it would have been far better if he never supported Mr. Espada for Majority Leader in the first place. ”
“The damage that Neil Breslin’s support of Mr. Espada did to the state, to his reputation, and to the reputation of Democrats as a whole is still being felt. The next time Mr. Breslin is offered the chance to support a criminal in exchange for more power, I hope he thinks better of it.”
Breslin has repeatedly made clear his less-than-friendly feelings about Espada – at one point (after the coup was settled and the Democrats had returned to the majority, thanks to the retun – with strings attached – of Espada and his co-conspirator, former Sen. Hiram Monserrate, to the fold) even saying that his colleague was a “crook” who belonged “in jail.”
The senator even used that statement in a campaign ad back in 2010 – the year he successfully fended off a primary challenge from Luke Martland.
But it’s also true that Breslin ultimately did not object when his fellow Democrats voted to allow Monserrate and Espada to return to the conference, restoring him to his post as Insurance Committee chairman. Last January, Breslin was tapped by Democratic Leader John Sampson to serve as deputy minority leader, a position that carries a $20,500 stipend (lulu).
NOTE: A reader reminds me that Morse has a Senate Democrat connection of his own. He hired the consulting firm Red Horse Strategies to run his campaign. The firm’s founders left the public payroll in 2008, but have retained ties – and contracts – to the conference on and off since then.
UPDATE: Breslin’s response:
“I believe we as elected officials need to hold ourselves to a higher ethical standard. The people entrust us to do what is right and we have a duty to represent them in the most honest and ethical way possible. No one with a criminal record should ever be elected to office.”
“I called for former Senator Espada’s ouster long before his conviction today. I am proud to say that I have been one the most outspoken voices of reform in the New York State Senate. I will continue to be that voice of reform because the people of Albany and Rensselaer Counties, and all of New York State deserve no less.”
Siena Poll And Controlling The Senate
May 14th - 12:24 pm
Republicans and Democrats this morning seem to be cherry picking from today’s Siena College poll results.
And there is indeed good news for both conferences.
For the Republicans, voters back the plan to provide sweeping tax cuts and credits to small businesses and a 46 percent approval rating of the chamber where they hold a narrow 32-29 majority — an unusually high number given the Legislature’s historically awful reputation with New Yorkers.
“Despite the fact that New York is a blue state, the Siena poll shows New Yorkers are pleased with the bipartisan results Senate Republicans have delivered,” said Senate Republican spokesman Scott Reif in a statement. “Working with the Governor, Senate Republicans have successfully controlled spending and taxes, and laid the groundwork for the creation of thousands of good jobs. We’re confident that when voters are reminded Democrats raised taxes and spending by $14 billion, and brought dysfunction and disgrace to the New York State Senate in their two disastrous years in the majority, they’ll vote overwhelmingly to keep Republicans in charge.”
But the poll also shows 56 percent of voters preferring to return Democrats to power following their tumultous 2-year term in power.
And voters across the board overwhelmingly back raising the minimum wage from $7.25 to $8.50.
“Today’s Siena Poll confirms that, by a nearly 20% margin, New Yorkers believe that Senate Democrats better represent their values,” said Democratic spokesman Mike Murphy. “Whether it is raising the minimum wage, protecting women’s health or standing up for the environment New Yorkers agree with the Senate Democrats’ agenda and prefer that the Senate returns to Democratic control this November.”
The stats on the minimum wage increase are especially stark and comparable to the sky-high approval voters had last year for imposing a cap on local property tax increases. That measure was ultimately bundled together with rent control laws for New York City. Naturally, we are watching this year to see what will be tied to the minimum wage increase.
“It even has support of 58 percent of Republicans,” said Siena College poll spokesman Steve Greenberg. “This is an issue that transcends upstate-downstate, Democrat-Republican. New Yorkers want to see an increase in the minimum wage. You generally don’t see that.”
Cross-tabulations also show 94 percent of Latino voters back the minimum wage increase.
These are eye-popping numbers. It would not be out of the realm of possibility for Senate Republicans to back a deal for a less-generous increase in order to get the issue off the table in an election year, like they did for same-sex marriage.
By the same turn, Assembly Speaker Sheldon Silver can could hold out and keep the minimum wage issue going in order to expand his own gigantic Democratic conference.
The Democratic-led Assembly may vote on their own minimum wage bill later this week.
Gov. Andrew Cuomo, who has support past minimum wage increases, hasn’t taken a position on the Silver-backed bill. Administration sources said that raising the wage via executive order was looked into, but ultimately it was decided the only route was to go by legislation.
Cuomo is under zero political pressure to do a minimum wage increase this year: His name isn’t on the ballot this November.
Gay Marriage Opponent Ties McDonald To Obama
May 11th - 7:12 am
ICYMI: During the CapTon interview last night, the Rev. Jason McGuire gave a hint of what’s to come for Sen. Roy McDonald, seeking to tie the Republican lawmaker to Democratic President Obama on the subject of same-sex marriage.
McGuire chastised McDonald for attending the president’s speech at the NanoTech complex earlier this week, which came just hours before his revelation that he has finished evolving on the topic of gay marriage and now supports letting same-sex couples legally wed.
“Looking in the Capital Region, it was clear that Senator McDonald wanted to rush over to the side of President Obama when he spoke in that area while other Republicans stayed away,” McGuire said.
“I think it gives an indication of where Senator McDonald is lining up – alongside President Obama rather than the traditional Republican Party.”
McDonald was one of the few Republicans present at that event Tuesday.
The rest of his colleagues – including Senate Majority Leader Dean Skelos, who allowed the gay marriage bill to come to the floor and was feted by the Log Cabin Republicans at a fundraiser this week – were in Albany, but stayed down at the Capitol for an auto insurance fraud press conference.
McDonald has lost support from the Conservative Party and some local GOP committees due to his “yes” vote on gay marriage. He’s facing a primary challenge from Saratoga County Clerk Kathy Marchione.
Gay marriage opponents like McGuire and NOM have made it clear they will work to oust the four “yes” voting Republicans this fall.
That task got a little easier this week after Sen. Jim Alesi announced he won’t seek re-election due to his loss of local support due to both his gay marriage vote and his ill-timed (and hastily withdrawn) lawsuit against two constituents who didn’t press charges against him when he trespassed on their property.
McGuire said Obama’s gay marriage announcement will help galvanize the conservative grassroots for Mitt Romney – a group that the former Massachusetts governor has had trouble winning over – and also for GOP primary challengers targeting moderate fellow Republicans here in New York.
Squadron Wants Hearing On ALEC
May 10th - 2:54 pm
In a letter to Senate Majority Leader Dean Skelos and Senate Investigations Chairman Carl Marcellino, Brooklyn Sen. Dan Squadron is pushing for a hearing to investigate the lobbying activites of the American Legislative Exchange Council.
The think tank, known as ALEC, has been criticized by liberals and good-government organizations for acting as a back-door lobbying for conservatie causes, including the authorship of the controversial “Stand Your Ground” laws.
“ALEC’s activites give the appearance of lobbying based on both New York State law and JCOPE’s (Joint Commission on Public Ethics) guidelines,” Squadron wrote in the letter sent this week. “ALEC seems to engage in activity intended to influence the passage of legislation in New York State, to draft model legislation itself, and to receive significant compensation from corporations to do so. Its role and its influence in New York State government must be addressed.”
It remains unclear what legislation at the state level ALEC helped draft. There is a bill sponsored by Sen. George Maziarz that would adopt a law similar to the Stand Your Ground measures in other states, but it’s chances of passage seem unlikely.
O’Brien Makes It Official In SD-55
May 10th - 1:51 pm
Democratic Senate candidate Ted O’Brien formally rolled out his campaign to take outgoing Republican Sen. Jim Alesi’s Monroe County district.
It’s a candidacy that has Democratic campaign officials cheering after a spate of primary challenges to Sens. Tim Kennedy (versus former Sen. Antoine Thompson) and Neil Breslin (versus Albany County Legislator Shawn Morse).
O’Brien is a Monroe County legislator and former county Democratic chairman. He’ll be facing Republican Assemblyman Sean Hanna.
The race will likely be one of several closely watched Senate campaigns as Republicans work to keep their 32-member majority in a presidential election year.
“I am running for State Senate because our community deserves a state senator who is committed to fighting for middle class families each and every day,” O’Brien said in a statement. “In these tough economic times, I recognize that we have plenty of work to do to create more jobs, further reduce taxes, and ease the burdens on entrepreneurs willing to start a business.”
Log Cabin Republicans On ‘Disappointing’ Alesi Decision
May 10th - 11:13 am
The New York chapter of the Log Cabin Republicans called Sen. Jim Alesi’s decision not to run for another term “disappointing” but called him a “noble and honorable” legislator.
In particular, the organization was heartened by how Alesi framed his decision as one that would help the GOP keep majority control of the Senate.
“It’s disappointing Senator Alesi has decided not to run for another term, but this was a personal decision for him and Log Cabin Republicans respects that,” the group said. “The driving force behind the Senator’s position was his support of the GOP caucus and his desire to see Republicans maintain the majority in the State Senate in November. Senator Alesi is a noble and honorable legislator, and this decision reflects his loyalty and dedication.”
The chamber is currently divided 32-29, with one vacancy.
Alesi told Liz on Capital Tonight yesterday evening that he was stepping down for “good of the party.”
“What makes it easiest to maintain the majority. And my not running is really the easiest way for the Senate Republicans to work with the Governor in the majority,” Alesi said.
Senate Dems Leave Incumbents To Fight It Out Alone
May 10th - 8:42 am
ICYMI: Sen. Liz Krueger told me on CapTon last night that the cash-strapped DSCC is unlikely to assist conference members who are facing primary challenges from fellow Democrats, saying the democratic process needs to be allowed to play out.
That’s a stark difference from the well-funded Senate GOP, whose leader, Sen. Dean Skelos, has pledged to assist majority members like Sens. Roy McDonald and Mark Grisanti, for example, who are facing tough challenges from fellow Republicans.
Of course, with close to $5 million on hand in their regular campaign committee and housekeeping account, the Republicans can afford to be generous with their colleagues.
The Democrats, who continue to insist they have a shot at winning back the majority this fall despite Gov. Andrew Cuomo’s approval of a gerrymandered redistricting map that benefits the GOP, remain more than $1 million in debt from the 2010 elections in which they lost control of the chamber.
Krueger used to have a hand in fundraising for the DSCC, but now is focused on raising money for her own PAC – No Bad Apples – which supports reform-minded Democrats.
She backed Sen. Gustavo Rivera’s successful 2010 primary challenge to ex-Senate Majority Leader Pedro Espada Jr., for example.
Rivera now faces a primary challenge of his own, but Krueger didn’t mention (nor did I ask her) if she’ll be helping Rivera, should he need it.
My discussion with Krueger came on the heels of a CapTon appearance by Albany County Legislature Chairman Shawn Morse, who has launched a primary against Sen. Neil Breslin.
Morse again would not commit to supporting Senate Minority Leader John Sampson for majority leader if he’s elected and the Democrats re-take control of the chamber.
But Morse also stressed that he’s a Democrat and won’t back a Republican in a leadership fight.
“My understanding is that the Democratic Campaign Committee is not getting involved with primaries,” Krueger said. “Obviously, you would need to officially ask Mike Gianaris, the chair of DSCC.”
“I think that Neil Breslin is an extraordinary senator, and I am proud to serve with him. He’s had primaries before, and he has remained in the Senate. And I think he is going to work very hard to make sure that he holds his seat.”
“But as to whether the Senate campaign committee gets involved, my guy and knowledge tell me no, which doesn’t mean that individual senators and elected officials might not choose to help Neil if they see that he is in need of assistance.”
A number of Democrats – including Gianaris himself – have very healthy campaign committee balances, and could send cash Breslin’s way if necessary. As of mid-January, Breslin had $107,853 on hand.
I asked Krueger why she thinks we’re seeing so many intra-party battles on both sides of the aisle at the national and state levels this year. She responded: “Well, I think it’s called democracy.”
Alesi: ‘I Am Not Running For Re-Election’
May 9th - 7:22 pm
During an exclusive interview on Capital Tonight, Republican Sen. Jim Alesi made a surprise announcement: He has decided not to seek re-election in his Rochester-area district.
Alesi sparked controversy when he became the first Republican to publicly support same sex marriage last year. Those troubles were magnified by an ill-timed lawsuit Alesi brought against two of his own constitutents. He dropped the suit and apologized repeatedly, calling the move boneheaded, but the damage was done.
Conservatives and many Republicans in his district have been eyeing Alesi’s seat. And Democrats in the district also felt he was vulnerable and could be defeated.
When the senator sat down with Liz Benjamin tonight he said he thought an intra party battle could cost the Republicans the majority. And he decided to step aside for the good of the conference and the party because he has lost support from local GOP committees and was widely expected to face a primary challenge from Assemblyman Sean Hanna.
Still, during the interview the senator claimed that Senate Majority Leader Dean Skelos had been completely supportive of his decision to run for re-election and did not urge him to reconsider.
“At some point, you have to really look at what is good for the party. What makes it easiest to maintain the majority. And my not running is really the easiest way for the Senate Republicans to work with the Governor in the majority,” Alesi said.
Liz also asked the Senator what he plans to do next. He said he’s unlikely to leave public life entirely, and joked that with his liberal views on social issues, he could perhaps move to Manhattan and run for office where he’d be more likely to get elected.
You can watch the whole interview tonight at 8 p.m. on YNN. (It will re-air at 11:30 p.m.)



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