Eric Schneiderman

Pataki And Former Aides Unite for Cahill

A veritable bevy of former Pataki administration members – from the former governor himself on down – will gather in Albany tomorrow night to host a fund-raiser for their onetime colleague, John Cahill, who is running for state attorney general against the Democratic incumbent, Eric Schneiderman.

The invite really does read like a “who’s who” of ex-Pataki aides, of which Cahill, of course, is one. He first served as DEC commissioner and chaired the Environmental Facilities Corp., and later moved to the second floor, where he eventually rose to the position of Pataki’s chief of staff.

Cahill and Pataki are still working together at the law firm of Chadbourne and Parke. They also co-founded the Pataki-Cahill Group, a strategic consulting firm that focuses on the economic and policy implications of domestic energy needs.

This event is taking place at The Barge down on the Corning Preserve. Tickets start at $200, with co-hosts paying $1,000. The fund-raiser is taking place just before the latest round of financial reports are due to the state Board of Elections (on July 15).

This will be the first time Cahill has filed a fundraising report, since he officially announced his candidacy in May, and whatever he has managed to raise – or failed to raise, as the case may be – will be viewed as a testament to the strength – or lack thereof – of his campaign.

As of mid-January, Schneiderman had $5.98 million on hand. Though public opinion polls have shown the majority of New Yorkers have no idea who Schneiderman is, despite the fact that he has held statewide office since 2010, he enjoys a strong double-digit lead over Cahill.

John Cahill Event at the Albany Barge by liz_benjamin6490

74 State Labor Dispute Forces AG To Relocate Fundraiser

You may have seen in this morning’s “Here and Now” that AG Eric Schneiderman was scheduled to hold a fund-raiser this evening at 74 State – the boutique hotel down the street from the state Capitol that has for several years been a popular watering hold for elected officials, legislative staffers, lobbyists and reporters.

But Schneiderman’s team informed us the event has been moved around the block to Taste (45 Beaver St.) due to an ongoing dispute between 74 State’s new owners and the Hotel & Motel Trades Council, a small but powerful labor union.

The nine-story, 74-room (hence, along with its address, the name) hotel sold last month for $3.8 million to Albany Lodging Group LLC, a company affiliated with Visions Hotels. According to HTC, the new owners failed to honor and executive a collective bargaining agreement with its employees, who are HTC members.

The Albany County Legislature weighed in last night in support of the union with a proclamation that appears below. The AG has close ties to organized labor, which he undoubtedly wants to maintain and strengthen as he gears up for his first re-election bid this fall.

This isn’t the first time a Capital Region hotel has seen a loss of business due to a contract dispute with HTC. In the summer of 2012, state Comptroller Tom DiNapoli, NYSUT, the New York State Trial Lawyers’ Association and other influential groups and elected officials joined in a boycott organized by the union of the Desmond Hotel in Colonie due to its contract standoff with management. Desmond employees worked without a contract for over a year, but eventually did settle their dispute.

Albany County Legislature proclamation in support of HTC in sale of 74 State, Albany. by liz_benjamin6490

Another Republican With Pataki Ties Eyes AG Race

Michael Battle, a former US attorney for the Western District of New York and one time director of the Executive Office for United States Attorneys, is considering a possible run for state attorney general on the GOP line, sources familiar with his thinking said.

Battle has expressed interest in challenging Democratic AG Eric Schneiderman this fall to state GOP Chairman Ed Cox, according to a Republican source. Battle, who is now in private practice at the firm of Schlam Stone & Dolan, has so far not returned a call seeking comment. A state party spokesman also declined to comment.

An Ithaca College and Buffalo Law School grad, Battle was appointed in 1995 by the last Republican AG, Dennis Vacco, as an assistant AG in charge of the Buffalo Regional Office. In 1996, he was appointed by then Gov. George Pataki (and was subsequently elected) to the Erie County Family Court bench.

Interestingly, Pataki’s former top aide and current law partner, John Cahill, is also interested in running for AG this year, and has been talking with leaders in both the Republican and Conservative parties about a potential campaign.

Both he and Battle are relative unknowns in New York and would have to work hard to raise their name recognition with voters. Than again, polls have consistently shown that a majority of New Yorkers don’t know who Schneiderman is, despite the fact that he has held statewide office since January 2011.

Another former US attorney, Michael Garcia, has also been mentioned as a possible GOP candidate to challenge Schneiderman. But he seems to have fallen off the radar screen. Plus, any political run by him would be complicated by the fact that he represented the Senate GOP in its legal battle with the Moreland Commission.

Schneiderman will no doubt be able to count on his friends on the left – especially in the labor community – to assist him no matter who challenges him this fall. And the Democrats will have ample opposition fodder to use against Battle if he’s chosen to be the GOP’s AG candidate.

After six years as a judge, Battle was appointed by President George W. Bush to the US attorney post, which he held from 2002 to 2005. In 2005, Bush promoted Battle to be director of the Executive Office for United States Attorneys, where he had administrative oversight of all 93 US attorneys and served as liaison between them and the Justice Department and other federal agencies.

Battle played a role in a December 2006 controversy in which seven US attorneys received midterm dismissals – an unprecedented move – and were replaced with interim appointees under provisions of the Patriot Act reauthorization. Battle was charged with informing the seven that their services were no longer needed.

Subsequent congressional investigations focused on whether the DOJ and the White House were using the US attorney positions for political advantage. Some of the attorneys who lost their jobs were allegedly fired to impede ongoing investigations of Republican politicians or due to their failure to launch probes that targeted Democrats. As Congress began issuing subpoenas in the matter, Battle resigned on March 5, 2007.

There was also some controversy during Battle’s term as US attorney for the Western District, where he was responsible for the case of Benamar Benatta, who was held without trial for five years following his forcible rendition from Canada one day after the Sept. 11 attacks. The FBI determined Benatta was innocent, but he remained behind bars. A federal magistrate judge concluded Battle had conspired with the FBI and immigration agents to make it seem as if Benatta was being held for immigration violations.

Battle dropped the charges against Benatta in October 2003, but he wasn’t released until 2005.

Schneiderman Tweet Weighs In On Eyelinergate

What do you do when the governor’s private chortling over your eye condition makes it on A1 of The New York Times? Laugh about it on Twitter, clearly.

Gun-Rights Groups File Notice Of Appeal In SAFE Act Suit (Updated)

A coalition of gun-rights groups have filed a notice of appeal of a federal judge’s ruling upholding certain aspects of the the 2013 gun control law known as the SAFE Act.

The filing, made Friday, came after U.S. District Court Judge William Skretny upheld most of the year-old law save for the seven-round limit for magazines. As of now, there’s been no indication of whether the state will appeal that decision.

UPDATE: AG Eric Schneiderman’s spokesman Matt Mittenthal emailed the following statement:

“We will vigorously defend New York’s SAFE Act in the Court of Appeals. This week’s decision upheld most of New York’s SAFE ACT, and we will forcefully defend that ruling and appeal those parts of the decision that struck down portions of the law.”

The move was expected by the groups, which includes the Albany-based Rifle and Pistol Association, following the Tuesday ruling.

Gun-rights groups filed a legal challenge in March to the gun control law, a measure that has been a centerpiece for Gov. Andrew Cuomo.

The law was approved less than a month after the shooting at an elementary school in Connecticut, marking the nation’s first gun control law to pass since the incident.

There’s also been some confusion as to whether the ruling from Skretny applies only to western New York.

GS #2550021 v1 Notice of Appeal Draft by Nick Reisman

Art Imitates Politics

A reader with some time on his hands over the extended Thanksgiving weekend went to see “That Hopey Changey Thing,” an off-Broadway play about Democratic politics that currently on stage at the Public Theater. And he was so struck by the experience, that he flagged the production in an email to SoP.

The main character in the play, Richard, works in the New York attorney general’s office, and apparently lived through both the Spitzer and Cuomo administrations there.

The story seems to take place right around the time when former AG Andrew Cuomo is ascending to the governor’s office and handing things over to his replacement, former Sen. Eric Schneiderman, about whom Richard says: “He’s an Albany politician….the politicians like him because he’s a politician.”

I haven’t been able to locate any personal link between Spitzer and the playwright, Richard Nelson. But Nelson has a definite soft spot for the former AG, and he doesn’t seem to think much of his successor or of Albany, writ large.

That much is clear from the brief clip of dialogue that appears on the New York Times website, in which the main character, Richard, says:

“When Eliot resigned – that was a God-awful week – I’d almost gone to the governor’s office with him. I went up two, three times in the transition. You can’t imagine the jokers who are up in Albany. You can’t believe the incompetence, greed, the stupidity.”

“Eliot maybe came on a little too strong, sure, true. But all of us, we’d have walked off a cliff for him. It was harder for those who went to Albany, of course, But it was bad for the rest of us, too. We were crushed. Betrayed? I don’t know.”

“And then Andrew. You see with Andrew, everything is about politics. Celebrity politics. What gets noticed, what makes the impression. And so, he couldn’t forgo the opportunity, and he denigrated Eliot. He just sat on his carcass and ate. And I will never forgive him for that.”

Writes the reader:

“Ironically, despite the professed hatred here, in a later play (it is a series of four) the character is eventually lured to work in the Cuomo administration. Clearly the playwright had a good source (or two or three).”

AG: Facts Speak For Themselves In Monroe County LDC Case

The case against the husband of Monroe County Executive Maggie Brooks will move forward when a grand jury is convened to hear his testimony, Attorney General Eric Schneiderman said Wednesday.

Brooks’ husband, Robert Wiesner, is one of four men charged this month in an alleged bid-rigging scheme through projects connected with local development corporations in the county.

The attorney general’s office agree to drop the charges against Wienser last week after he wasn’t called to testify, but the charges will be formally presented again once the case is officially dismissed.

“We look forward to and expect to reconvening the grand jury to accept the testimony of the one defendant who has requested to testify,” Schneiderman said in Albany at a news conference. “Tt is unusual for people who are targeted for people to testify because it often works against their self-interest. We welcome that testimony.”

The AG’s office has come under criticism from some Republicans, in part because of the political ramifications of the arrests. Brooks ran unsuccessfully last year for the House seat held by Rep. Louise Slaughter.

Still, the problems at LDCs preceded the Brooks-Slaughter election and were even raised as issues during the campaign.

“It’s clear there is an ongoing, very substantial set of fraudulent schemes in Monroe County,” Schneiderman said. “The facts speak for themselves in the papers that we filed and the facts will speak for themselves at trial.”

As for a press aide being suspended after giving a heads up to the media that the arrests were eminent, Schneiderman said, “Obviously we felt the statement to the press was mishandled.”

Schneiderman: Moreland Must Be Independent (Updated)

The Moreland Commission on Public Corruption must remain independent of outside influence in order for it to succeed, Attorney General Eric Schneiderman said in a radio interview this morning.

Schneiderman, a Democrat who deputized the commission members for the anti-corruption panel created by Gov. Andrew Cuomo, told host Susan Arbetter of The Capitol Pressroom that the panel can still succeed and be “an important vehicle for reform.”

“To succeed, the commission has to be independent,” Schneiderman said.

“We should just let the commissioners do what they have to do,” he added.

The panel has come under fire for reportedly halting subpoenas aimed at allies of Cuomo on the Real Estate Board of New York, the Joint Commission on Public Corruption and state Democratic Committee, which has run ads backing the governor’s agenda this year.

Allegations that Cuomo’s staff has meddled with the process of issuing subpoenas have also surfaced, which the governor has denied, though he has said his staff has worked with commission members.

The Moreland Commission was created in July by the governor after a string of corruption arrests this spring.

The panel is composed district attorneys and legal scholars selected by Cuomo and Schneiderman.

An effort to obtain more information on legislators’ outside income and legal clients was rebuffed by attorneys for the Assembly and the Senate, while the panel so far has declined to subpoena sitting lawmakers themselves.

Cuomo is also reportedly seeking something of an escape hatch from the messy situation, and good-government advocates believe the panel may close up shop early and suggest a constitutional amendment for public financing of political campaigns.

Updated: And the state GOP is renewing its call to have Schneiderman recuse himself from “any and all investigations” involving the commission.

From spokesman David Laska:

“We’re glad that Eric Schneiderman agrees that the Moreland Act Commission needs to be independent in order to succeed. Of course, one of the Commission’s foremost obstacle to independence is … Eric Schneiderman. Rather than review and quash the Commission’s subpoenas, the Attorney General should recuse himself from any and all investigations. We repeat our call for him to do so immediately.”

Source: Schneiderman To Report Raising $1.87M

Attorney General Eric Schneiderman will report raising $1.87 million over the last six months, a source familiar with the filing said this afternoon.

The Democrat is expected to report $4.2 million in cash on hand, having spent $460,000 in the last reporting period.

His report is expected to go public on the Board of Elections site on Monday.

Schneiderman, a first term attorney general elected out of the state Senate in 2010, report raising $1.3 million in January. At the time, he had $2.7 million in the bank.

A potential Republican challenger to Schneiderman in 2014 is former U.S. Attorney Michael Garcia.

Cuomo Mulls Beefing Up Moreland Commission With AG

Gov. Andrew Cuomo has put creation of a Moreland Act Commission on the fast track since the Legislature declined to pass his ethics and campaign finance reform package. According to a source familiar with these talks, his preparations have included discussions about bringing the state attorney general into the mix to bolster the commission’s clout and avoid any potential balance of power issues.

An administration official did not rule out the possibility of Cuomo seeking AG Eric Schneiderman’s assistance with the commission, but also said the governor is talking with many members of the law enforcement community – including district attorneys and US attorneys – and it’s “premature to speculate” what approach he will ultimately take.

Cuomo himself said this morning on The Capitol Pressroom that there will be an executive order establishing a Moreland Act Commission “very, very soon; we’re talking a matter of days.”

Several observers, including former Assemblyman Richard Brodsky, have questioned the legality of a Moreland Act Commission investigating the Legislature as Cuomo seems intent on doing.

In a HuffPo essay published yesterday, Brodsky noted that the 1907 act empowers the governor to convene a commission to “examine and investigate the management and affairs of any department, board, bureau or commission of the state.” Under the auspices of the state Constitution, boards, bureaus and commissions do not extend to include the Legislature itself.

Brodsky noted that the Feerick Commission – formally known as the Commission On Government Integrity – convened by former Gov. Mario Cuomo in 1987 to investigate the state’s campaign finance system employed a double-barrel approach that involved deputizing the chairman, Fordham Law School Dean John Feerick, as a deputy attorney general.

This gave the Feerick Commission more powers than it would have had on its own. If done again through a referral by Gov. Andrew Cuomo to Schneiderman, could enable this new commission to specifically target the Legislature – and perhaps even individual lawmakers.

Brodsky also noted that Cuomo would lose full control over the commission if he went with the hybrid approach, and that’s something this governor isn’t likely going to be too keen on.

While he was AG, Cuomo advocated giving more power to his office to beef up its ability to investigate public corruption. But since he became governor and inherited the power to actually make that happen for his successor, he has declined to do so.