Carl Kruger has got to be feeling the heat this morning as the Daily News revelas that the FBI listened in to 30,000 of his phone calls and collected over 100,000 pages of documents in his corruption and bribery investigation. In fact, I'm pretty sure Carl isn't the only one getting a little twitchy in Albany today...
Determined to nail state Sen. Carl Kruger, the FBI intercepted a mind-boggling 30,000 calls during the corruption investigation, it was disclosed Monday.
Manhattan federal prosecutors said they amassed 100,000 pages of documents during the probe, which culminated in the arrest of Kruger, fellow Brooklyn Democrat Assemblyman William Boyland and six others on corruption charges.
Prosecutors said Kruger often spoke cryptically, at one point, warning his co-defendant, lobbyist Richard Lipsky that he was "anti-mail ... emails are never innocuous ... even the weather report."
That's quite a bit of documentation, folks. It looks more and more like the feds have Kruger right where they want him, which is sweating a long stretch in prison.
Given how Kruger has played footsie with both parties for so long, all while being a corrupt scumbag, I'd say that the chances that there are more than a few folks in Albany sweating bullets this morning is pretty good.
I'll just say that a man accustomed to living the way that Kruger has over the years, what with a mansion and a Bentley and all, probably isn't too keen on spending the rest of his natural life in the Big House...
This has got to be some sort of new land speed record, no? The newly formed Independent Democratic Conference has apparently just given up. I mean, they seem to be not even trying anymore.
A couple of weeks after watching Senator Valesky, the man who was previously the Democratic conference's most engaged member on the issue of redistricting and the man who introduced the independent redistricting bill now being carried by freshman Senator Gianaris, vote, along with the three other IDC members, for Skelos' "we have to amend the constitution and it will (conveniently) take a decade" bill, we now see three of the four voting for Skelos' latest "eff you" to democracy, a fresh batch of rules changes that cement just that much more power in the Majority Leader's hands.
Hours after the joint conference committee hearing put a cap on the budget agreement, Senate Republicans sprang a surprise rules change on their Democratic colleagues by giving themselves more representation on two vital committees: Rules and Finance.
The changes, which were approved late Monday night with all Republican members and three Independent Democratic Conference members voting "yes," would give the majority the ability to move bills from the Finance Committee to the Senate floor without having to go through the Rules Committee first. The changes would also allow a committee to sub in members an hour prior to meetings if any member were absent that day.
....
"I don't think I've ever heard of any process for establishing committees where you move the members on and off, with an hour's notice," said Sen. Liz Krueger, who called the proposed change, "fundamentally dangerous."
The last fight over a rules vote took place in early February, the day before Gov. Andrew Cuomo proposed his budget. That vote stripped Lt. Gov. Bob Duffy of his ability to cast a tie-breaking procedural vote.
Sen. Dan Squadron said that to propose a rules change on a day when the Senate should have been tying up the lose ends of the budget violated an existing rule requiring 48 hours notice prior to voting.
"This is in contradiction to good faith and transparency," he said.
Um, how does one defend that, Senators Klein, Savino and Valesky? Do these changes promote better government? More transparency? Do they empower members and help them better represent those for which they work?
Or did you just sign off again whatever bullshit Skelos wanted to ram through, leaving all your reformer cred in tatters...again?
I sincerely had hope for the IDC. I thought the formation of the conference, for a number of reasons I shan't really expand upon, was a healthy and necessary development. I really like Savino. I like Valesky for the most part. The election of Carlucci (and Rivera) was the high points of a disappointing election cycle, in my opinion. And say what you like about Klein - he's an asshole - but, I'd always been kinda glad that he was our asshole.
But this is really not what I think most reformers were hoping for with the IDC. My first thought when I heard that they had voted en masse for GOP's redistricting sham was that it was quite possibly the stupidest thing they could have done because then they weren't special anymore.
The events of last night just seem to solidify that perception in my mind. Who exactly is supposed to be supporting the IDC now and why? They aren't reformers. In fact, one could now very easily make the opposite case. They aren't terribly "independent" now either. They've proven themselves to be fairly reliable votes for unpopular bullshit when Skelos needs to cover his ass, even when those votes seemingly run counter to what were supposedly deeply held convictions just a few short months ago. (Senator Valesky, I'm looking at you.) What exactly are they trying to accomplish as an independent conference now and, perhaps most importantly, why should anyone care?
The IDC once, just a short time ago really, seemed like a potential breath of fresh air, a chance for some promising Democratic pols to do things differently - apart from the internecine squabbles and shortcomings of such a NYC-centric conference.
Now they appear to be - sadly - just yet another cog in Albany's enduring Suck Machine.
Now that everyone has some time to digest the complaint against Carl Kruger, there's a lot more information on what he and the others are accused of as well some more info on just what genuinely odd fellow Kruger is.
Like Joe Bruno, Carl Kruger and William Boyland were charged by federal prosecutors with corruption and "theft of honest services." But while Bruno's conviction is being appealed after a Supreme Court ruling that many believe will lead to its overturning, experts familiar with both cases argue that Kruger is not likely to have the same legal grounds to push back.
....
In Skilling vs. United States, the Supreme Court nullified certain applications of the "honest services" law, but left in place those applying to "bribery and kickbacks."
Federal prosecutors appear to be targeting Kruger on these exact charges, legal sources say.
"The Skilling decision specifically allowed prosecutors to continue to go forward on bribery cases and kickback cases," said one person close to the Bruno case. "That's exactly what Kruger is being charged with here."
....
"Over the course of time, there were individuals involved in business and lobbying that basically had Senator Kruger on the payroll to do their bidding, while they were supposed to be serving the interest of the public," Bharara said, arguing that the pattern of abuse set Kruger apart.
But there was something unusual about Mr. Kruger. He rarely socialized with fellow senators, seemed uncomfortable in crowds, frequently took his lunch alone in the drab Capitol cafeteria and, in an age of ubiquitous cellphones, could be spotted whispering into public pay phones.
On Thursday, federal prosecutors unveiled a 53-page criminal complaint against Mr. Kruger, 61, that unlocked many of the mysteries of his life - but deepened others. It portrayed a man who had amassed at least $1 million in bribes in return for political favors: helping hospitals seeking to merge, obtaining state money for real-estate developers, expanding the business hours of liquor stores.
And it revealed, prosecutors say, that the seemingly measured senator was using the bribes to bankroll a lavish lifestyle, financing a four-door Bentley Arnage and a $2 million waterfront home originally built for a boss of the Luchese crime family.
...
Despite listing his official residence as his sister's home on Avenue L in Mill Basin, Mr. Kruger had all but moved in with the Turanos in their 7,000-square-foot home, which towers over others in the neighborhood and features ostentatious sculptures of frolicking children and soaring seagulls.
....
And it was Michael Turano, the complaint said, who established shell companies to conceal the bribes, and later used the money to finance the Bentley, pay credit card bills and make mortgage payments on the house. One of the accounts bore the name "Bassett," the name of the street on which they lived.
....
He has also faced unusually intense criticism from gay rights activists for his 2009 vote against a Senate bill legalizing same-sex marriage. Activists traveled last year to the Turano residence and the Brooklyn home of Mr. Kruger's sister, protesting loudly and saying Mr. Kruger himself was gay. Mr. Kruger has said he is not gay.
Um, he's gay. Duh. (He was one of the "three men in a closet" who voted against marriage equality, by the way. He was the only Dem in that group. I'll leave it to you sort out who the other two were.)
Not sure what exactly his sexual orientation has to do with him likely being a crook, but the Post...goes there anyway.
Closeted Brooklyn state Sen. Carl Kruger, a Democratic powerhouse, traded political favors for more than $1 million in bribes over the last five years -- which his live-in boyfriend helped launder, the feds charged yesterday.
Kruger and his secret longtime companion, Manhattan gynecologist Michael Turano, were among eight men arrested in a sweeping government "pay-to-play" corruption scandal.
....
Neighbors said that Kruger clearly lived in the massive Mill Basin home owned by Michael Turano, while neighbors of Kruger's "official" residence in the Georgetown section of Brooklyn said either that they did not recognize him or that he was rarely, if ever, there. The feds, meanwhile, said Boyland accepted a no-show job that paid him $177,000 over five years from health-care provider MediSys in exchange for trying to secure millions of dollars in grants to its hospitals.
....
The criminal complaint revealed that on Monday, FBI agents raided Lipsky's Upper West Side residence, where they found $102,000 in cash from a safe in a closet and $4,000 "in crisp, large denominational bills from the pocket of a suit belonging to Lipsky."
At about 9:54 a.m. that same day -- as the search was ongoing -- a call was made from Kruger's phone, which was tapped by authorities, to Lipsky's phone, the complaint said.
....
"Immediately afterward," the complaint said, "26 calls were placed from the Kruger phone to the Lipsky phone every few minutes from approximately 9:55 a.m. to 12:25 p.m. These calls were unanswered."
Seven minutes after that last call -- and right after Kruger was told by a "known New York state political operative" that Lipsky had asked that Kruger stop calling him because the FBI was at his house -- Kruger called Michael Turano and told him about the raid, the complaint said.
"I suggest you don't answer the door until I find out more about what's going on," Kruger told Turano, the complaint said.
Nice catch by NYPIRG here. It would seem that some, if not many, of the campaign donations reported by Carl Kruger to other pols may not have ever actually reached their intended recipients. Celeste has the story at DP.
NYPIRG's Bill Mahoney put together a list (which you can see here or below) of those who have benefitted from under-fire state Sen. Carl Kruger's political generosity. Initally, he noted that only a few Senators, namely NYC Sens. Mike Gianaris and Liz Kruger, appeared not to have gotten any donations.
But here's the catch, and maybe it's a big one: I got a call (and perhaps others did, too) from the office of state Sen. Jose Peralta of Queens, insisting that he never got any KrugerBucks. HOWEVER, Kruger reported giving Peralta a donation. Peralta's committee never reported receiving it. Where did it go???
Says Mahoney in an email: "It has come to my attention that the list I sent around earlier might not be the most accurate place to find out who Carl Kruger donated to. Nearly $50,000 of the donations he reported making were never reported as receipts by the committees he claimed he was sending checks to. There's a chance this is a massive typographical error- perhaps dozens of campaign treasurers forgot to include donations from Kruger in their records. However, I've spoken to a staffer for one of the legislators who never got a check - Sen. Peralta - who was adamant that their filings were correct and Kruger's claim that he once gave them $1,000 was not true."
Um, weird, huh? Some other pols that Carl Kruger was supposedly donating to (and reporting), but for which a check never seemed to arrive include Senators Dilan (a JV Amigo) and Hassell-Thompson.
Money appears to have been disbursed and reported, but somehow the checks never arrived where they were supposed to.
It looks to be a rather interesting day in Albany corruption. We now know that not one, but two Brooklyn pols are answering to the Feds this morning. Added to this morning's perp walk is four term Brooklyn Assemblyman William Boyland, who will be facing charges along with lobbyist (and Committee To Scam New York flunky) Richard Lipsky and Senator Carl Kruger (D-Crooklyn).
Here's a roundup of the latest. Also do check out the awesome new blog about all things Brooklyn politics, cleverly named The Brooklyn Politics
State Senator Carl Kruger, a powerful and at times controversial Brooklyn Democrat; a state assemblyman; and an influential lobbyist are expected to turn themselves in on Thursday to federal authorities in Manhattan on corruption charges, according to several people briefed on the matter.
Mr. Kruger had been under investigation by federal prosecutors in Brooklyn who were looking into accusations that he had helped businessmen surmount bureaucratic hurdles in exchange for assistance raising campaign money, but the charges stemmed from an investigation by Manhattan federal prosecutors and the Federal Bureau of Investigation.
Others, including William F. Boyland Jr., a four-term Democratic state assemblyman from Brooklyn, and Richard Lipsky, a lobbyist, and two hospital executives, were also expected to face charges in the case, according to the people, who spoke on the condition of anonymity because the charges had not been made public.
...
Mr. Levitis, who owned the Rasputin nightclub on Coney Island Avenue in Brooklyn, was accused by prosecutors in Brooklyn of lying about a discussion he had had with an F.B.I. confidential informant who was posing as a businessman looking for help with an inspection. The discussion was secretly recorded.
During that conversation, according to the charges, Mr. Levitis, a personal-injury lawyer, solicited a $3,000 payment, telling the informant that he would pass on $2,000 to an aide to Mr. Kruger and keep the rest. Mr. Levitis also told him that he might have to hold a fund-raiser for the lawmaker.
Mr. Kruger has for years been a wily fixture in the Capitol. His ability to reach across the aisle and form close alliances with Republicans helped him earn a committee chairmanship when Democrats were in the minority. When his party won control of the chamber two years ago, Mr. Kruger joined two lawmakers from the Bronx in withholding votes from fellow Democrats until given perquisites and leadership positions, including the chairmanship of the Finance Committee.
State Sen. Carl Kruger, one of the most powerful players in Albany, and Assemblyman William Boyland are expected to surrender Thursday to face charges in a long-running, broad-reaching bribery conspiracy, sources told the Daily News.
Federal prosecutors are expected to charge Kruger, a veteran Brooklyn Democrat, with using his clout as a public official to line his pockets, several sources said. Several of those who allegedly paid the bribes will also be charged.
Boyland, also a Brooklyn Democrat, was hired as a consultant by companies seeking influence in Albany, sources said.
The feds have been eying Kruger since 2007 amid allegations he collected campaign cash in exchange for political favors.
Sources said Kruger took bribes to do favors for hospital executives, a Brooklyn-based developer and a lobbyist, Richard Lipsky.
The payoffs were funneled into checking accounts that Kruger had access to, the sources said.
State Senator Carl Kruger (D-Brooklyn) surrendered to federal authorities to face corruption charges.
Kruger, flanked by his attorney Ben Brafman and two other men, turned himself in to the Jacob K. Javits Federal Building in Manhattan around 8:30 a.m.
The senator, looking solemn and wearing a dark suit, walked silently into the building.
"He's saddened because he's one of the most dedicated public servants for the past 25 years with an impeccable reputation," Brafman said. "This obviously is a difficult day for all of us."
....
When asked about the pending charges against him, he said, "I have no comment. My attorney will be releasing a statement later today." He then walked off with his head down.
....
A Democratic operative said, "Everyone knows that Carl has been using his post to take money for years, so this isn't surprising. What's more surprising is that it didn't happen 10 years ago."
Kruger has one of the Legislature's largest campaign war chests: $2.6 million as of last July.
Lipsky was fired yesterday by The Committee to Save New York, a coalition lobbing for Gov. Cuomo's budget. Committee spokesman Bill Cunningham said Lipsky, who was retained three week ago, was booted "to remove any distraction."
Kruger demonstrated a propensity for bucking the wishes of Democratic conference leaders unless his demands for more clout -- including the committee chairmanship -- were met. In late 2008, he formed a caucus known as the "four amigos" along with Democrats Hiram Monserrate of Queens as well as Pedro Espada Jr. and Ruben Diaz Sr. of the Bronx. The renegade quartet refused to back Sen. Malcolm Smith as majority leader unless they were given additional perks.
In June 2009, Espada and Monserrate defected to the Republican conference in a coup that would have tipped control of the Senate -- as well as attached perks and legislative authority -- to the GOP. That day, Kruger was seen asking Espada why he was not offered the opportunity to participate in the coup.
Oh dear. Carl was upset he didn't get to come out and play in the coup. Sad. That episode further illustrates that Albany's corruption problem is most certainly bipartisan. So do this, also from the Times Union:
Prosecutors have made a cottage industry of scrutinizing members of the Senate. Espada, who was given the title of majority leader after the 2009 coup, was charged in December with embezzlement and conspiracy for taking money from the Soundview health clinic he runs with members of his family. Espada has pleaded not guilty to the federal charges; his case is pending. He lost a 2010 Democratic primary to Sen. Gustavo Rivera.
Espada was indicted a week after Sen. Vincent Leibell, a Republican from Putnam County, pleaded guilty to shaking down a lawyer in his district for partial kickbacks of money received from groups that received taxpayer-funded "member items" the senator had steered toward them.
Another of the so-called amigos, Monserrate, was found guilty of misdemeanor assault for manhandling his girlfriend during a domestic dispute at their apartment. Monserrate was expelled from the Senate in February 2010, and lost a special election to Sen. Jose Peralta, a Democrat.
Sen. Kevin Parker, D-Brooklyn, is awaiting sentencing on a December 2010 misdemeanor conviction of criminal mischief related to an altercation with a New York Post photographer. He was re-elected last year and continues to serve in the chamber.
Former Senate Majority Leader Joseph L. Bruno was found guilty of federal charges that he deprived the public of its right to honest services. Jurors sustained charges that Bruno accepted $200,000 in business-consulting fees from a company that later did state business, and was paid $80,000 for a horse prosecutors said was "virtually worthless" from a man seeking racing business from the state.
What a mess. Like I said, it should be a rather interesting day.
A Brooklyn lawyer pleaded guilty Tuesday to lying to the feds in a corruption probe of state Sen. Carl Kruger.
The FBI had been investigating whether Michael Levitis received favors from the powerful Brooklyn pol in exchange for campaign contributions.
They also asked whether he discussed holding a fund-raiser at the popular Rasputin's supper club with Kruger.
Levitis denied having talks with Kruger about a fund-raiser, but admitted Tuesday that he lied.
Kruger is not named in papers filed in Brooklyn Federal Court, but multiple sources confirmed he was a subject of the investigation.
....
"Michael had the great misfortune of getting caught up with the wrong, dirty group of people - Albany politicians," said defense lawyer Jeffrey Lichtman.
UPDATE II: Cap Con has more, says Kruger will be processed "on several charges" tomorrow.
The person said Kruger would be "processed on several charges," but details regarding them were not immediately clear. Kruger has reportedly been in the cross-hairs of federal prosecutors since 2008 for allegedly requiring political campaign contributions in return for officials favors.
At The Albany Project, we've discussed a variety of progressive ways to improve state government. Our general belief here is that progressives must stand for streamlined, efficient state bureaucracy. We don't want to shrink government so it can be drowned in a bathtub; we want to make sure that government works for the people and in order to work, it has to make sense. In the era of Cuomo, we should ask ourselves what opportunities we have to make state government work better.
One unique opportunity I've recently discovered is the Administrative Regulations Review Commission, or ARRC. I first heard about ARRC when David Carlucci was named as the Senate co-chair of the commission. I had never heard about this commission until that day and I started researching what the heck it was. ARRC came up again this past week when Assemblyman Chuck Lavine (a good, reform-oriented Democrat from Nassau County for those who haven't heard of him) was appointed co-chair from the Assembly.
So what the heck is ARRC and why am I optimistic about it? Follow me over the fold to find out.
I've been thinking a lot about the announcement today of the new Independent Democratic caucus made up of Jeff Klein, Diane Savino, David Valesky, and David Carlucci. There are a lot of good pieces on the scenario but if you want to get the best perspective, you have to watch this video with the four "anti-amigos" and Liz Benjamin. It's a great viewing that explains what's going on here.
In brief:
1) This is about policy, not politics
2) They're still Democrats and they believe in Democrats, they just don't believe in the way the Senate Democrats were doing business
3) They strongly support the Cuomo agenda
4) They want the Democrats to take back the caucus but they want to earn that by supporting the right policies instead of winning the political battle.
I'd pretty much planned to spend the next two years as I had the last two, cursing both caucuses of the New York State Senate for their general worthlessness, obsessive self-interest, and pretty complete failure to accomplish much. The only substantial improvement the Democrats made was in adding more transparency through a vastly improved web presence - but while that's important, hiring an IT staff isn't the central task of legislatures.
After the utter catastrophe of the last two years, I'm happy to hear Dems say that they've had enough. I'm aware that none of our State Senators are perfect people, and doubtless we'll start hearing gripes about the circular firing squad from party regulars who can't imagine open disagreement.
Will it make a difference? A lot of that depends on Republican party discipline, which seems to hold tight. I don't think it's likely to make things much worse, though I suppose there's still some room for a worse Albany.
We'll see where this goes, but for the moment it gives me a tiny fragment of hope. Now if only something similar would happen in the Assembly... not likely.
In the wake of the Kevin Parker conviction today, I have a growing concern about the actions coming out of John Sampson and our Democrats in Albany. The fact is that we are at a turning point in New York politics. We've elected a new Governor with a massive swell of support and enter a new decade a growing litany of problem. My concern is that we are at risk of losing the claim of the Party of Reform to the Republicans and setting back the progressive agenda a generation. In this paradigm, Republicans act as the good-government reformers, bring a modicum of transparency, and eclipse the Democratic Party with the public as the party that can clean up Albany. This should be a fear for all of us.
But I have to say I think there is a degree to which I didn't realize just how corrupt Albany was until I heard about the plight of now-former (as of Friday December 3, 2010) State Senator Vincent Leibell. See here and here.
From everything I have read and every insider I have spoken to (or listened to when it appeared I was not listening), Vincent Leibell would have stood an excellent chance of winning a "State Senator least likely to be corrupt" award, had such an award existed. If there were any indications until now that he was corrupt, I didn't see them in anything I read about him, and no one I ever spoke to or listened to had any inkling....
Perhaps Leibell's troubles will serve as a wake-up call? No, I don't think so. Joe Bruno's conviction wasn't a wake-up call for the Democratic Senate leadership. If it had been, surely the AEG scandal wouldn't have happened.
So, what's wrong with New York? How many wake-up calls does the New York State Legislature need before it finally wakes up? How does New York so-completely break the expectations of people who have spent a career studying politics?
According to the local news, Antoine Thompson has conceded the 60th SD election to Mark Grisanti, just about an hour before the court hearing that was to decide on contested ballots.
With Antoine down, a Republican majority is all but certain: even if Suzi Oppenheimer pulls it out in the last vote count, we're still left with only 30 Democrats. The only other left up in the air is Johnson versus Martins, where the Democrat trails by between 133 and 427 votes depending on who you ask.
The New York legislature will likely return for special session on Monday, November 29, and give us one more chance to pass medical marijuana legislation before the year is up. We are very close to having the 32 votes we need to pass, and every vote counts.
Please e-mail your senator ( https://secure2.convio.net/mpp/site/Advocacy?cmd=display&page=UserAction&id=525 ) and call her/him TODAY ( https://secure2.convio.net/mpp/site/Advocacy?alertId=532&pg=makeACall ) and ask your senator to come out in support of S. 8427, and to vote for it in the special session.
Do not let this last opportunity to help seriously ill patients slip away. Please also urge other New Yorkers to act now before it is too late. Pass this message along to other New Yorkers, post the link to Facebook ( http://www.mpp.org/states/new-york/alerts/vote-possible-monday-urge.html ), and otherwise spread the word. We must not let another year go by with patients criminalized for treating their illnesses.
Senate Democrats say Long Island Sen. Craig Johnson is rapidly gaining ground on Republican opponent Jack Martins.
Not so fast, say Senate Republicans.
Johnson, one of three Democrats whose races are too close to call, gained about 245 votes over the weekend against Martins.
Martins still holds a 246-vote lead over Johnson, but Democrats say 65 percent of the 4,600 or so emergency and absentee ballots were cast by Democrats.
"Republicans are trying to claim victory, but with each new tally Democrats are gaining strength," said Senate Democratic spokesman Austin Shafran. "He significantly cut into Martins advantage."
This one is going to be a nail biter and it's doubtful we'll know for sure who actually won this race for some time but, I definitely like the way this count is going so far. I think we can win this one.
The state Board of Elections says the election results in 10 races across New York have been impounded by the courts because of the closeness of the contests.
The races include the three tight contests for the state Senate-the Buffalo seat held by Democrat Sen. Antoine Thompson, the Westchester seat held by Democrat Suzi Oppenheimer and the Long Island seat held by Craig Johnson.
Republicans are currently in the lead against Thompson and Johnson, while Oppenheimer is deadlocked against Republican Bob Cohen.
Also impounded is the results from the 25th Congressional District between Democratic Rep. Dan Maffei of Syracuse and his Republican challenger Ann Marie Buerkle, who holds a 684-vote lead.
Six tight Assembly races have also been impounded: Districts 1, 89, 96, 100, 109 and 121.
Even if there wasn't so much at stake, and there's plenty with those three Senate races, it's always important that every vote gets counted. Just ask these people:
There's a new site up and running that will be following all the recount news over the coming weeks (and months?) called My Vote Counts NY. It's stuff like this that make me love the internet:
There are three State Senate races and one congressional race in New York that are deadlocked and potentially headed to a recount. Over the course of the next few week, we plan to track every statement and every ballot. Every machine error and every human error.
Before any winner is declared, the vote of every New Yorker must be counted.
This is serious business. I think the last decade has taught us just how important recounts can be. Three digits that I'm sure we all remember: 537. "Nuff said.
There is the growing possibility that all 61,700 votes cast on electronic machines in the contest will have to be recounted -- by hand, and witnessed by arguing lawyers, clerks and sheriff's deputies....
Until Thursday, all sides were thinking the dispute was just over the more than 3,000 uncounted paper ballots in the race. Now the talk is of scrutinizing every single ballot cast.
There is a process for election boards to canvass the machine votes in ways that can start out as a random audit of 3 percent of the machines. If there is a deviation in the recount of less than 2 percent from the original count, lawyers say, then the machine votes are considered to be valid. But that doesn't mean they won't be challenged by lawyers.
Democratic lawyers say they will likely press to have all the machine ballots recounted by hand, a process that, if permitted by the courts, could drag on. In the 60th District, it would mean checking 61,700 separate pieces of paper -- with each one examined, and argued over, by lawyers.
Election lawyers, who can earn $800 an hour, will then demand votes in dispute be set aside in boxes categorized by the kind of objection. A judge then would settle those disagreements, like whether a vote counts if someone circled a candidate's name instead of, as the instructions say, filling in an oval box.
I don't even know what to say, except to be extremely grateful that none of those races involves Tompkins County. I'm pretty certain that none of this will improve voter confidence or interest in our political institutions, however. A paper trail is a great thing - until you have 61,700 pieces of paper to sort out at an hourly rate of many thousands of dollars. Once again, I long for the lever machines that at least prevented this crazy possibility.
If this is really what "Democratic lawyers" are considering, maybe it's time for the party to take a deep breath and step back from this particular precipice.
The world didn't come to an end for the Democratic Party-no, far from it. While the party lost a significant amount of seats in the House of Representatives, 49 of those seats were in Congressional districts that John McCain won in 2008. So, there was going to be a midterm shift despite the poor economy. And for two years at least, Democrats have the Senate and White House, and I hope they govern wisely down in DC.
Despite the nationwide shift to the Republicans, here in New York we enjoyed a clean sweep of the Governor, Comptroller, and Attorney General's races, and it appears that the Democrats will keep the slightest lead in the State Senate with my friend David Carlucci being a freshman Senator and part of that majority. (UPDATE: Now it appears to be a 31-31 split)
However, this is put up or shut up time for the Democrats in the state legislature. Two years ago, they had a bicameral majority, but they blew it when State Senators like Ruben Diaz, Sr., Pedro Espada, and Hiram Monserrate had temper tantrums and with the latter two caucusing the Republicans, which effectively shut down our government. What ensued was perhaps the most pitiful example of governing. It was an embarrassment and every Democratic State Senator re-elected should humble themselves to their constituencies after they gave them, and the party, a second chance.
This time, they better not blow it.
I feel that it's time for new leadership in the State Senate, perhaps real reformers like Diane Savino or Liz Krueger taking the helm. The Democrats need for their State Senators to work together as a disciplined team, and not as a bunch of lords brooding over their individual fiefdoms.
And perhaps its time for Dean Skelos stop playing palace intrigue by trying to cobble together a majority with Senators greedy for member items cash. Such exchanges are not only dysfunctional, they damage the very integrity of our legislature. Hopefully, Republicans will vote into leadership someone who is more sensible and focused on healing this great State than Skelos.
The State Senate needs to immediately get down to the business of reform, and that includes creating transparency laws, independent redistricting, and strict campaign finance reform. They must clean up the processes of governance before they can truly govern and get to the task of fixing New York.