Spitzer's 2007: Annus Horribilis
But He is Trying to Improve
By Henry J. Stern
December 21, 2007
Greetings at the Solstice
Today is the Friday before Christmas, the holiday that, in certain circles, dare not speak its name.
Our next article will be published after the Christmas weekend, (Dec 22 to Dec. 25) C(H)annukah, the Jewish festival of the lights, having been observed in 5768 between Dec. 5 and Dec. 11. The First Amendment prohibits the state from establishing religion or prohibiting the free exercise thereof. It does not forbid individuals from extending greetings to each other and making reference to religious as well as secular holidays.
If we were a public agency, there could be a problem, but people can do things the state cannot do, at least in his area. Wishing a friend a Merry Christmas does not imply acceptance of any theology or dogma. It is an expression of good willl with regard to a particular day which is about to occur. Next week, we will say Happy New Year, without any disrespect for those lunar calendars where New Year is celebrated at Tet, in February, or at Rosh Hashanah in September. It is debatable how secularized Easter has become in our culture, whether its symbol is the resurrection or the bunny. But one should still be able to wish a friend a Happy Easter.
The Governor Stumbles, Sadly and Repeatedly
Many of you will take next week off, and those who remain will not be overworked, if the past is informs us as to what the present will bring. So we will take this opportunity to review the most important issue of 2007, the travails of the governor, and to peek at the financial problems facing the state in 2008.
Many New Yorkers, politicians, journalists and the public (as shown be polls) were distressed by the periodic stumbles of the rookie governor. From his attempt to impose a new Comptroller on the legislature, his semi-public use of obscene language to chastise his enemies, his characterization of Tom DiNapoli as "thoroughly and totally unqualified," his description of Mayor Bloomberg as "wrong on every level - dead wrong, factually wrong, morally wrong, ethically wrong" in response to the mayor's doubts. "I'm really skeptical that we should be issuing driver's licenses willy-nilly because it then leads to other problems," Bloomberg had said in questioning Spitzer's plan..
We won't rehash Troopergate, exdept to say that the cover-up was far worse than the indiscretion, and leaves the governor and his staff in a perjury trap. DA Soares of Albany is now engaged in a subpoena struggle with the executive chamber. It would have died long ago if the governor had been more forthcoming, as we urged him to be in July. Senator Bruno was not injured by any of the inquiries into his plane travel, and it is comical to watch the rogue garb himself in a martyr's cloak. The protracted attention to this matter has not been helpful to the governor or to the transaction of state business. Fred Dicker in the Post and Michael Goodwin in the News have been zealous and fearless in the pursuit of answers to questions that have legitimately been raised, such as who said what to whom, and when..
Eventually one reaches a point where the alternatives are 1): He lied, remove him, or 2) he lied, too bad but so what, or 3) we can't prove anything, so forget it, or 4) he told the truth in most material ways, and trivial conflicts are due to failures of recollection or the fog of battle. Spitzer had previously escaped punishment for allegedly falsely denying that his father gave him millions of dollars to run for Attorney General in 1998. There would be nothing wrong with that gift if his father had made it before the campaign and paid gift tax on it. However, he did not.
We trust that Governor Spitzer's new staff members will help prevent him from making foolish, angry or indiscreet statements. One difference should be that senior staff are likely to have more independence and better judgment than the junior members of his entourage, whom he overruled because he believed he was smarter than they were. He was, but even less intelligent people can be right on a particular issue, especially if their egos are less involved in the situation than their master's.
New Yorkers have mixed feelings about their governor. A large majority is disappointed with his performance, as several polls have indicated. We predict a leveling off of this trend or even an upward tilt if he does nothing but pleasant photo-ops for a while. And there is always the hope, on his side, that Senator Bruno will finally be indicted for all the alleged wrongdoing that the United States Attorney's office, or someone close to them, appears to have leaked to the Times. There will be a greater possibility of an indictment with Attorney General Mukasey than there would have been with former Attorney General Gonzales.
This week the new AG issued standards reducing contact between the Justice Department and the White House and requiring that it be reported. But the indictment of the last Republican standing in New York State is a decision likely to be made with some kind of input, positive, negative. or Pilatian (like Pontius Pilate), from the highest level.
We believe it is better for New York for its elected governor to survive, go back to work, and get on with trying to secure the reforms he promised in 2006. The current legislature is likely to give him nothing that is not in their own interest. He may do better with a Democratic senate in 2009, but that is a year away, if it happens at all. The Democratic party has a tradition of political ineptitude that rivals the Republicans, so the outcome of the 2008 legislative election cannot be predicted. New York, however, is becoming a deeper shade of blue, and if I were Senator Bruno, I would be worried. He is a smart man (although not the smartest man in Albany, that position having been pre-empted) and no doubt he is worried.
So we root for the governor at the same time as we respect the energy and integrity of the journalists who have been exposing his misstatements more than his misdeeds. It is likely cheering for the lions and tigers at the same time as they square off against each other. The sensible outcome is correction of errors, public recantation, dismissal of charges and allegations, and making as much of a fresh start as is possible in the circumstances..
Wars, however, usually result in the destruction of one side or another, or a standoff (stalemate) if neither can win. That usually defers hostilities until one party wants to resume armed struggle. We hope the Spitzer-Bruno conflict is resolved amicably. We know that in the end the courts will decide the matter. That may be one reason the Senate passed the judges' pay rise as a stand-alone bill, without linkage to any other matter. Smart..
The Four Billion Pound Gorilla
There is one serious, basic and underlying problem that Spitzer, Silver and Bruno all must face.That is the state deficit, which is estimated at between three and four billion dollars. The temptation in an election year will be to close the gap by borrowing money. This is a bad idea, as we have been saying for six years. You can google state deficit in our archives to find out what and when we warned of the bipartisan tradition of overspending and borrowing..
Regardless of their personal distaste for each other, the triumvirs will have to work out a budget. With the governor suffering from largely self-inflicted wounds, his capacity to lead the others is significantly diminished. Yet a solution must be found. Who will raise taxes in an election year?
Who will reduce services substantially? "Not I, said the fly. Not me, said the bee."
What is likely? Some cumbersome financial scheme to hide deficit spending, and to put thecosts of ooperating the government on the backs of future taxpayers. That is what he past suggests.
We will learn in a few months whether anyone has the courage to break with the fiscal irresponsibility which has characterized budget making in New York State for several administrations.
As for today, we wish you a good weekend, and a happy Yuletide.
#432 12.21.07 1399wds
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