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Senate Coup: Smith Says Its Illegal, Republicans Say Its Historic

by: robert.harding

Mon Jun 08, 2009 at 17:18:29 PM EDT

Just when you thought New York's government couldn't get anymore dysfunctional, it just did.

The Republicans have taken back the New York State Senate, utilizing two corrupt Democrats - Sen. Pedro Espada and Sen. Hiram Monsserate - who decided that they would now caucus with the Republicans.

Liz, who seems to be just as confused as everyone else, wrote this report on what happened today:

The Senate Republicans just sent out an urgent media advisory calling all reporters to the Senate chamber "ASAP!" because "an historic change in leadership is taking place at this moment."
You can view the shenanigans it here.
(Or not, since the video steam is now out and on standby, not sure why that is, but it's now playing the canned "welcome" message from Malcolm Smith - I don't know what to call him anymore).
So much for the revolution being televised.
From the press release:
"An historic change in leadership is taking place at this moment and a new bipartisan, coalition is being established that is bringing real reform to the Senate RIGHT NOW."
Several Senate sources say two Democrats - Hiram Monserrate and Pedro Espada Jr. - are poised to announce that they have decided to cross the aisle and caucus with the Republicans out of anger at Senate Majority Leader Malcolm Smith.
UPDATE: I strongly urge you to tune in ASAP. Sen. Tom Libous, a Republican from Bringhamton, just removed Albany Democrat Sen. Neil Breslin from the chair presiding over the Senate and replaced him with Sen. George Winner, an Utica-area Elmira Republican.
The vote was 32-30, which means two Democrats are voting with the Republicans.
UPDATE2: The floor fight was over a GOP motion to make Pedro Espada Jr. temporary president of the Senate and Dean Skelos majority leader. - the very deal that Smith originally offered Espada that was rejected by the rest of his Democratic members.
UPDATE3: Apparently, Tom Golisano was on the scene. (Funny, I thought he had moved to Florida). Remember, he played a role in putting together the original leadership deal - the one that fell apart.
An observer in the Senate chamber tells me Skelos was sitting in Smith's chair with a BIG smile on his face and Smith was nowhere to be seen. The chamber has now emptied out and Republicans are talking about electing themselves to committee chairmanships.

Just moments ago, Sen. Malcolm Smith's office sent out a statement that reinforced that Smith is majority leader and called the coup illegal.

"This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work."

There is also a lot being said of Tom Golisano's role in this. Golisano is being credited with helping craft this deal that led to Espada and Monserrate voting for the Republicans and putting Dean Skelos back in as majority leader.

More reaction on this to come. Stay tuned.

robert.harding :: Senate Coup: Smith Says Its Illegal, Republicans Say Its Historic

Tags: New York, New York State, New York State Senate, coup, Sen. Malcolm Smith, Sen. Dean Skelos, Democratic Party, Republican Party, (All Tags)

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Senate Coup: Smith Says Its Illegal, Republicans Say Its Historic | 19 comments

OMG (4.00 / 1)

So, I pay attention to my work for a day, and when I tune back in to NYS politics, LIBOUS is placing my totally-inadequate Senator, Winner, in a "presiding over the Senate" position?

Abandon all hope ye who enter here....

by: robinia @ Mon Jun 08, 2009 at 16:31:57 PM CDT

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beginning of the end (4.00 / 1)

Albany must die.

We're not going to get through the 21st century with these games. We need a real government. Or, GOVERNMENTS (plural). Take that as you will.

by: NYCO @ Mon Jun 08, 2009 at 16:36:51 PM CDT

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now I need to write a bunch more (0.00 / 0)

Upstate 2050 stories...

by: simonstl @ Mon Jun 08, 2009 at 16:38:15 PM CDT

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seriously (4.00 / 1)

don't you think the process is well on its way? This is just another signpost.

There IS no Great Pumpkin.

by: NYCO @ Mon Jun 08, 2009 at 16:39:57 PM CDT

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had to write a story tonight (0.00 / 0)

though I should probably write one with the Great Pumpkin in it.

Anyway:

http://upstate2050.org/2009/06/escaping_the_mess.html

by: simonstl @ Mon Jun 08, 2009 at 20:23:21 PM CDT

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*How* is it illegal? And why didn't Smith see it coming? (0.00 / 0)

Is that the entirety of the press release, or does Smith actually spell something out? Otherwise, it sounds like he's grasping at straws.

(Didn't Democrats pull off a nearly-identical stunt in, like, Kentucky or Tennessee earlier this year?)

The other question for Smith is: How did you get blindsided like this? Did you really make so few on the other side of the aisle over the years, and have so feeble a zero intelligence-gathering network to feed you rumors of about the GOP's maneuvering, that no one tipped you off so you could try to counter this?

Wow. Just wow.

P.S.: Gillibrand supporters, are you still rapturous over this guy's endorsement? /snark

by: Hudson @ Mon Jun 08, 2009 at 18:46:56 PM CDT

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*How* is it illegal? And why didn't Smith see it coming? (0.00 / 1)

Is that the entirety of the press release, or does Smith actually spell something out?

Otherwise, it sounds like he's grasping at straws.

(Didn't Democrats pull off a nearly-identical stunt in, like, Kentucky or Tennessee earlier this year?)

Wow. Just wow.

P.S.: Gillibrand supporters, are you still rapturous over this guy's endorsement? /snark

by: Hudson @ Mon Jun 08, 2009 at 18:47:54 PM CDT

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the really rapturous folks (0.00 / 0)

don't seem to post in non-Gillibrand threads at all.

by: simonstl @ Mon Jun 08, 2009 at 18:58:24 PM CDT

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Every body has its own rules (0.00 / 0)

What is applicable in one state or even one state house may not be in any other. And the incident in Tennessee you are referring to I believe happened while the body was organizing.

I think it is specific to the operating rules the bodies adopt when they first organize for the session. So during 2007 and 2008, if a Dem had flipped in the US Senate, the Reps wouldn't have taken control because there was no provision in the rules to allow for it. However in 2001, the Dems briefly controlled the Senate between the Senate's inaugaration and the President's inaugaration while Al Gore was still VP. During that time they craft rules that would allow for a change in control like Jeffords provided.

by: BH_Liddel_Hart @ Mon Jun 08, 2009 at 18:59:08 PM CDT

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Smith knew this was coming (0.00 / 0)

He spoke in Long Island City a few weeks ago and I was there...he definitely sounded like a guy who wasn't going to be in power much longer. He was focused on what Washington will do to help the economy, but neglected to say anything positive about what to expect from Albany.

Soemone asked him about the budget and he said "we'll see what happens"

He knew it was coming, I think he was blindslided by how fast it happened.

by: nrafter530 @ Mon Jun 08, 2009 at 22:01:11 PM CDT

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"Utica-area Elmira Republican" ? (0.00 / 0)

I know it's been a crazy day, but somehow that description just bent my brain too hard. Maybe she meant that his district includes Ithaca?

Oh well.

I'm not betting on Smith winning a legal battle here.

by: simonstl @ Mon Jun 08, 2009 at 16:36:47 PM CDT

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Sounds pretty damn illegal. (0.00 / 0)

In the laws of the state senate, passed in January, there is no provision for a coup. Additionally, the Democrat's motion for adjournment took precedence over the Republican resolution. Furthermore, the vote should not have taken place until the motion had been referred to committee by the Temporary President, that is, Smith.

So we might just have this. Although it will be an odd 16 months.

by: Amherst Guy @ Mon Jun 08, 2009 at 16:51:44 PM CDT

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I'm sure the lawyers are salivating. (4.00 / 2)

In the meantime, maybe we should assemble our own fake Albany to get the state's business done - since everyone's making up their own shit. I will represent the 50th senate district.

by: NYCO @ Mon Jun 08, 2009 at 16:55:58 PM CDT

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Ooh! (4.00 / 1)

I call districts 29 through 36!

by: Amherst Guy @ Mon Jun 08, 2009 at 16:57:10 PM CDT

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not only that (4.00 / 1)

But I now declare myself Senate Majority Leader.

by: NYCO @ Mon Jun 08, 2009 at 16:59:02 PM CDT

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Yeah! (0.00 / 0)

Does that mean that I can send you a resume, and you won't be too busy hiring important people's nephews and girlfriends to consider whether I might be able to actually get some needed work done? I see the PT appoints the head of Urban Planning and Development... they could try Tom Golisano's pick, and we could try me!

by: robinia @ Mon Jun 08, 2009 at 17:09:14 PM CDT

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