WAR DECLARED, SPITZER FLIES TO SYRACUSE;     IS UNKNOWN ASSEMBLYMAN FIRST VICTIM?    

 The Battle of Albany:
Gov. Spitzer Trashes
The State Legislature
Over Tom DiNapoli,
Says "Knockout Blow
Is Coming Very Soon"

Henry J. Stern
February 9, 2007

The fat is in the fire.  Sorry we don't have larger type.
 
Governor Spitzer launched a frontal assault on the Democrat-controlled Assembly yesterday by flying to Syracuse and denouncing Assemblyman Bill Magnarelli to the editors of the local newspaper, the Syracuse Post-Standard.

The Governor was quite harsh in his public statement after the Legislature's selection of Assemblyman Tom DiNapoli as Comptroller.  It is too early to say whether his display of indignation will injure his ability to secure the passage of substantive legislation, or his poer to shape the budget in ways he feels best serve the public interest.  It is difficult to imagine, however, that his remarks in Albany and Syracuse will enhance his influence with the legislature, at least in the short term.

Press Coverage
 
The public dispute is described at length in an article on A1 of today’s Times, just above the fold, by Michael Cooper and Danny Hakim.  It jumps to B7, and comprehensively describes the situation.  If you are interested in politics, you should not miss this juicy story.
 
The Post is nourished by conflict, and has jumped in on the side of the Governor. The death of Anna Nicole Smith pushed the story back a few pages in today's paper.  On p7, however, under the head, SLUGGO SPITZER  Raging Bull: I'll 'knock out' Shel, Kenneth Lovett wrote: " Gov. Spitzer yesterday unleashed his full fury on Assembly Speaker Sheldon Silver and his colleagues -- warning them a "knockout blow is coming very soon" and calling DiNapoli, the new state comptroller "thoroughly and totally unqualified."  He did say DiNapoli was a nice guy.
 
In another story, which only appears in the Post, Lovett writes about a mid-level employee of the Comptroller accused of nude masturbation in a glass-enclosed ski lift at Stratton Mountain in Vermont.  On his first day in office, DiNapoli did not suspend the 46-year-old techie because he has not yet been found guilty of a crime, his action was not job-related and was performed during off-hours.  The alleged incident took place Dec. 15, during the Hevesi regime.

The Post's full-column editorial, NELSON'S PLAYBOOK: FIGHT LIKE HELL, outlines a game plan for Spitzer to follow in order to crush Silver.  The Nelson they refer to is Nelson A. Rockefeller, governor from 1959 to 1973.  We do not recall that period as one of major conflict between the Governor and the Legislature, but then again they generally went along with what he wanted. Rockefeller was richer and smarter than they were, but did not advise them of that..
 
The Daily News joins in: ELIOT RIPS POLS AND PALS ALIKE, Tags Assemblyman as Puppet of Silver, Slams Mike (Bloomberg) on Funds, Joe Mahoney writes the story from Albany.  A side story on p6 by Celeste Katz is headed:  WHO KNOWS, DiNAPOLI MAY BE OK, SAY TWO OLD PROS.  She interviews City Comptroller Bill Thompson and former City Comptroller Jay Goldin, who have kind and hopeful things to say about the new man on the job in Albany.
 
The Sun covers the wider picture in a p1 story by Jacob Gershman: GOVERNOR HITS 'A WALL'  WITH LEGISLATURE.  The lede: "Governor Spitzer's battle with lawmakers is quickly spreading to issues beyond the dispute over picking a comptroller."  The Sun's editorial on p8, SPITZER'S RAGE, is well worth reading.

Our Analysis

It is possible that the legislature may be intimidated by fear of voter retaliation, and that a Spitzer ticket may emerge in the 2008 Democratic primaries to counter the pro-Silver incumbents. It is ironic that all these legislators favored Spitzer over Tom Suozzi in the 2006 Democratic primary because they believed Suozzi was more likely to rock the boat, since he had already defeated incumbent Assemblyman David Sidikman, in a Nassau County primary in 2004. The winner of that primary, Chuck Levine of Glen Cove, voted with Speaker Silver for his Great Neck neighbor, Tom DiNapoli.  And the newest Assemblymember, Brian Kavanagh, who won his primary against incumbent Sylvia Friedman who was accused of being too close to Silver, also voted with Silver for DiNapoli.  Why do incumbents see the world differently from insurgents?
But if the rookie had voted for Stark, he and his district would have been worse off.  He is a good fellow, and he wants to thrive in the Assembly.

Silver may be vulnerable in his own Lower Manhattan district, where the population has changed in recent years, more yuppies and Latinos and fewer Jews and Italians. Silver has worked hard for the district over the years, sometimes at the expense of other districts. Also, people intuitively dislike purges, especially if the purgee is someone whom they know.
Franklin D. Roosevelt found that out in 1938.

Yet the mainstream media pressure against Silver is likely to be intense; those who condemned Hevesi will not hesitate to scourge another presumed violator of the public trust.   Silver's dual employment with a negligence law firm and his repeal of the commuter tax in 1999 may cause him problems with voters, or they may not.  His opponent should take care to collect sufficient signatures for his nominating petitions because they are likely to be scrutinized closely. 
 
Political observers on all sides feel that the governor was intemperate to get this incensed this early in the game.  Anger suggests a lack of balance which ultimately does not enhance one’s ability to change people's minds. Rule 28-P:Politics is the business of people.  Unless you treat them decently, they are not likely to do what you want, unless you are Stalin or Saddam and can terminate them at will.  In New York State, on the other hand, no one need fear the death penalty.
 
We know many New Yorkers are discontented with the Legislature, described picturesquely as the most dysfunctional legislature in the country.  They believed that with the election of Governor Spitzer, a new day was at hand for reform. Unless the Governor can pressure or persuade the Assembly majority into doing his bidding, his program and budget will  not be approved.  It is possible that threats are the most effective way to get elected officials to stand up to the lobbyists who have ruled in the past.  If his plan works, he will be considered a political genius. But political history does not support the notion that repeated use of the stick is the best way to secure results, especially when the opposition is supplying carrots.
 
The irony of the situation is that the people who have railed against Bruno and Silver because of their low ethical standards, their subservience to lobbyists, particular their former employees who lobby, their suppression of dissent, and all the other vices that brought the New York State  legislature into disrepute, and who rejoiced in the election of a reform governor, are now puzzled and some are distressed at the manner in which the new leader has embarked on his crusade. 
 
The argument is offered that the establishment and the lobbyists are so powerful that only by the most vociferous protests, constantly repeated, will their hold be broken and still be considered acquiesce. In this view, the governor is following a well defined strategy to shake up the system.  Perhaps it will work, but what is plan B? 

Governor Al Smith, a reformer out of Tammany, was called "The Happy Warrior".   Theodore Roosevelt used the "bully pulpit." He meant 'bully' as desirable, not as intimidating.  TR said to "speak softly, and carry a big stick."  So far, the two words to describe Governor Spitzer have not been found.  Let us hope the Spitzer nickname is positive, and reflects wisdom and maturity, not less attractive qualities.
 
The historic vices of incumbents include arrogance, as well as financial, intellectual and moral dishonesty.  The historic vices of reformers are arrogance, as well as delusions of superiority and righteousness, and class prejudice.  When elephants do battle, the only sure result is that the grass will be trampled.  And not much other business is likely to be transacted.

  

 
#351 02.09.07   1330wds


Henry J. Stern starquest@nycivic.org
New York Civic
450 Park Avenue South
Fifth Floor
New York, NY 10016

(212) 564-4441
(212) 564-5588 (fax)