Wednesday, March 12, 2014

Will Mayor de Blasio withdraw subpoenas to former Village Voice editor over NYPD Quota Recordings ?

PUBLISHED : WED, 12 MAR 2014, 06:23 PM
UPDATED : SUN, 23 MAR 2014, 01:55 PM

''In what The New York Times described as a 'broadly worded, five-page subpoena,' New York City lawyers are demanding that former Village Voice reporter Graham Rayman turn over tape recordings police officer Adrian Schoolcraft made of his superiors at the NYPD’s 81st precinct in Brooklyn," Time magazine reported last December, adding, "The tapes were the basis for Rayman’s book, The NYPD Tapes, which alleges officers manipulated crime data in the Bedford-Stuyvesant neighborhood in Brooklyn."

It's questionable why city lawyers are infringing on Mr. Rayman's free press protections under the First Amendment, and many bloggers are concerned that the NYPD is harassing Mr. Rayman in retribution for Mr. Rayman's exposé of police corruption. Because of the legal wrangling with the city, one activist, Suzannah B. Troy, wondered whether the litigation was an excuse used by the new owners of the Village Voice to lay-off Mr. Rayman.

"The city should always be challenged when it uses subpoena power against a journalist," Mr. Rayman told amNewYork.

Will the so-called "progressive" new mayor withdraw these questionable subpoenas and end the police department's other violations of the First Amendment ?

John Liu sues New York City for blocking public matching campaign funds

"John Liu's campaign did nothing wrong," says lawyer Richard Emery.

John Liu, the former Comptroller for New York City, filed a federal lawsuit today against the City of New York, alleging that he was "denied the opportunity to compete on an even playing field with the other mayoral candidates, and his reputation was irreparably damaged," The New York Post is reporting, adding, that the Campaign Finance Board's decision to deny Mr. Liu $3.8 million in matching public dollars amounted to a “death sentence” to his mayoral campaign.

Mr. Liu's complaint alleges that the Campaign Finance Board unlawfully “crippled” his bid to become the city’s first Asian-American mayor by citing the court convictions of others, even though Mr. Liu himself was never charged with any wrong-doing.

The investigation into Mr. Liu's campaign finances originated in a report published in 2011 by The New York Times at a time when Mr. Liu was attracting serious attention and support for his expected mayoral campaign in 2013. Many activists have alleged that the editors of The New York Times preferred the mayoral candidacy of former City Council Speaker Christine Quinn. After the Campaign Finance Board denied Mr. Liu's public matching funding dollars, former Speaker Quinn received the glowing endorsement of The New York Times' editorial board.

In a further example of the politicization of the Campaign Finance Board, city campaign finance regulators appeared to obsess over Mr. Liu's troubled donations, identified as only 35 out of over 6,300 donations, but city campaign finance regulators did nothing to scrutinize the corruptive influence of super PAC's in the 2013 municipal election.

In a video made last year by The Queens Courier, Mr. Liu described how investigators deceived his campaign workers into accepting tainted donations. Essentially, he was the victim of entrapment.

2014-03-12 John Liu v NYC Campaign Finance Board - USDC-SDNY COMPLAINT (Stamped Copy) by Connaissable


QUESTIONING THE NEW YORK CITY CAMPAIGN FINANCE BOARD

With John Liu's lawsuit against New York City over conflicted city campaign finance regulators, this makes three federal referrals of elections violations, forcing Mayor de Blasio to lawyer-up, recruit special inside election counsel.

After a wave of federal complaints that have been lodged over electioneering violations in last year's municipal elections, Mayor Bill de Blasio has hired a special legal advisor specializing in election law.

Since Mayor de Blasio and City Council Council Speaker Melissa Mark-Viverito, and/or their political operatives, are entangled in some of these federal complaints, it should come as no surprise that Mayor de Blasio is now maneuvering to use his public office to defend himself against allegations of wrong-doing that took place during the electioneering of last year's municipal elections.

The three federal complaints lodged following last year's municipal elections :

  1. GOP consultant E. O'Brien Murray argued to the State Department that Patrick Gaspard, a former top White House aide with a deep history in Gotham politics, violated the federal Hatch Act by getting involved in Mayor de Blasio's campaign -- and City Councilwoman Melissa Mark-Viverito's subsequent election as speaker -- while representing the U.S. in South Africa. (GOP Operative Files Hatch Act Complaint Against U.S. Ambassador Patrick Gaspard * The New York Daily News)
  2. Louis Flores, a local political gadfly who ran a blog and wrote a book criticizing Christine Quinn, has filed a complaint with U.S. Attorney Preet Bharara’s criminal division against Scott Levenson and The Advance Group consulting firm, which came under deep scrutiny during the mayoral campaign. (Federal Complaint Filed Against The Advance Group for Election Work * Politicker)
  3. Former New York City Comptroller and failed mayoral candidate John Liu has filed a federal lawsuit against the city and its Campaign Finance Board. He says the board unfairly crippled his campaign by denying him matching funds in last year's race for mayor. (Ex-NYC mayor hopeful sues Campaign Finance Board * AP/The San Francisco Chronicle)


Tuesday, March 11, 2014

Bill de Blasio, New York Liberals, and the Veal Pen (Updated)

PUBLISHED : WED, 08 JAN 2014, 11:11 PM
UPDATED : MON, 21 APR 2014, 04:10 PM

A moment of truth for "liberals" in New York City, as they are corralled into veal pens.

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Calves have no choice and would certainly not volunteer to be trapped in veal pens, where cattle factory farmers intend for calves to atrophy into valuable sources of veal, but liberals in New York City, following the lead of liberals in Washington, DC, check into proverbial political veal pens, eager to take their stated, if cramped, place with conscious volition.

The backroom selection of Melissa Mark-Viverito as City Council speaker on January 8 signaled the end, according to The New York Times, of "weeks of bitter, behind-the-scenes jockeying among county political leaders, union officials and others, who tussled over the speakership using such municipal prizes as committee chairs and patronage jobs as bargaining chips," adding that before Ms. Mark-Viverito was unanimously selected, there had been "rumors up until the noontime vote of a possible floor fight." Although the discord was real, it was safest to tussle in private, because none of the backroom fighters carried on their battles outside of the restrictive confines of the veal pen. There were certainly some expressions of exasperation shared with the media, but for the most part, the large activists groups, good government groups, corporations, and even billionaire business leaders publicly kept mum. Hmmmmmmmmmmmm....? Why was that ?

The Mayor Of Magical Thinking

When Mayor Bill de Blasio argued for a special income tax surcharge on the wealthiest New Yorkers, a tax that is certainly needed to help fund a needed expansion of social services, he said that the income tax surcharge was needed because the annual budget dance of proposed service cuts and minimal budget restorations would make pre-kinder students unnecessary political victims of the vicious annual city budget negotiation process. “When the budget cuts come, children are often the first to take the hit. The vulnerable take the hit,” Mayor de Blasio said. Little did he own up to the fact that now that he's in charge at City Hall, it would be Mayor de Blasio, who would throw pre-kinder students under the bus. (It's the mayor, who plays the leading role in the annual budget dance, a sleazy process where the mayor first proposes budget cuts, then the Council speaker pretends to put on a show to restore the budget cuts, and then once the budget passes, the cuts are restored, and the City Council get to look like heroes, even though this process makes it impossible for city agencies and community groups dependent on city grants to adequately plan any kind of medium-term fundraising or long-term budgets.) Even though the mayor is proposing that the high income tax surcharge be dedicated to expanding pre-kinder, the mayor's failed to propose any budgetary mechanism to ensure that the mayor and the City Council don't cut other areas of public education during the annual budget dance. What does earmarking a dedicated revenue stream for pre-kinder mean if funding for kinder remains insecure ? Seems like it's almost double-speak to make such a big deal about ring-fencing the monies from the high income tax surcharge, doesn't it, if it leaves kindergarden students at risk for budget cuts ?

It's precisely because of this sick and twisted annual budget dance that homeless youths have grown wary of the shady municipal budget negotiations : a few brave homeless youths have turned to the Legal Aid Society to make a full, legal demand for the complete resources to finally provide shelter to homeless youths rather than take a risk that the new mayor will force homeless youth shelters to play along with the disingenuous annual budget dance. More on this shortly.

Going into today's speakership selection, Mayor de Blasio had received resounding criticism from the Editorial Boards of The New York Times, The New York Daily News, The New York Post, and even amNew York. An anonymous attack video catching Mayor de Blasio in actual hypocrisy over having criticised former Council Speaker Christine Quinn for having been former Mayor Michael Bloomberg's puppet only to want to install his own puppet in the municipal legislature went viral.

Some bloggers dared to stick their necks out, but they were not joined by any large activist groups. The two good government groups in New York City, for their part, either danced on the graves of the County Bosses or issued toothless Cover-Your-Ass editorials, never mind that the deposition of the County Bosses is only replacing one corrupt political machine for another. But for the most part, given the mixed messaging, folks essentially stayed in the familiar surroundings of the veal pen.

Some Calves Refuse To Take Their Place In The Veal Pens

With the exception of the police reform protest group New Yorkers Against Bratton, the pro bono service agency Legal Aid Society, and the AIDS activist group ACT UP, many activists say that they will keep Mayor de Blasio accountable, but they agree to stay put in their veal pens.

For weeks before the new mayor was inaugurated, a group of activists seeking to fully end stop-and-frisk in New York City came together to protest and reject the appointment of William Bratton as the new NYPD commissioner. Even though the new mayor had campaigned to "end the stop-and-frisk era," the mayor appointed the man widely credited as the architect of stop-and-frisk, Mr. Bratton. The group has been the leading force to keep Mayor de Blasio accountable to his biggest broken campaign promise thus far.

Two days before the new mayor was publicly sworn into office on the steps of City Hall, the Legal Aid Society filed a federal lawsuit against the City of New York, demanding the full resources to provide shelter to homeless youth. They did so, because the New York City budget never before provided the full resources to make shelter available to homeless youth, as required by law, because before the Legal Aid Society stepped forward, all the homeless advocacy groups had remained in their veal pens like good little calves. The Legal Aid Society, tired of the annual budget dance of proposed cuts and minimal restorations, decided that homeless youth shouldn't become political victims to the way City Hall and City Council probably plan to only concentrate on social service groups or causes that hire The Advance Group as their lobbyists.

Like the Legal Aid Society, ACT UP sees the writing on the wall : they'd been patiently waiting in the veal pen for the last few months, stretching back to before the mayoral primary, hoping to get a meeting with the mayor's campaign team, then his transition team, and now his administration team. But the mayor has not deigned to receive AIDS activists, to hear out their demands for a comprehensive city-wide AIDS agenda that begins by appointing a responsive city health commissioner.

When too much time passed, ACT UP broke free of the veal pen, and they protested outside of the mayor's inauguration ceremony.

"By Your Command" : The Calves Know That The Veal Pen Is Guarded From The Inside

When Mayor de Blasio saw that the Legal Aid Society was challenging it on government policy, how did the de Blasio administration respond ? The mayor recruited the top attorney at the Legal Aid Society, Steve Banks, into his administration. To further neutralize the field of outside activism, the de Blasio administration also lured the noted government reformer Lincoln Restler and at least three Spanish language journalists : Maibe Ponet, Roberto Perez, and Erica Gonzalez into the veal pen, just to be sure. Other activist groups have folded, like Queers for Economic Justice and the Brecht Forum, because now that a Democratic mayor has taken office, entrenched political interests don't want to encourage political pressure from the Left. A large foundation that funds non-profit community groups, the North Star Fund, accepted monies from lobbyists loyal to the mayor, Dan Levitan, a vice president at BerlinRosen, told The New York Times. For the few activists and community groups, which do not fold before the mayor's pressures to impose his top-down policies, there are growing numbers of civic leaders, who are being silenced and rendered immobile by the veal pen.

In contrast to the bold leadership of New Yorkers Against Bratton, two former prominent critics of stop-and-frisk have actually turned their backs on the overwhelming community demand to keep the NYPD accountable. After the Bratton appointment was announced, Councilmembers Ydanis Rodriquez and Jumaane Williams said that they supported the controversial appointment, leading to a sense of betrayal among police reform activists. Even the notoriously independent head of the NYCLU, Donna Leiberman, has climbed into the veal pen. Police reforms that the prior police commissioner never adopted remain outstanding, and Ms. Leiberman has not dared to confront the new police commissioner with the NYCLU's recommendations made following the massive 2003 anti-war protest and the 2004 Republic National Convention. Supposedly, the police department enacted some reforms in 2008, but the NYPD's promises were short-lived, because reforms of controversial police tactics were proven to be situational. Witness the police's militaristic response to Occupy Wall Street.

The message being telegraphed to the community is clear : climb into your veal pen and shut up.

Similarly, the LGBT poster child of police entrapment and unconstitutional sexual orientation profiling, Robert Pinter, has disappeared from any public demonstrations condemning the new police commissioner. Prior to the selection of Mr. Bratton, Mr. Pinter had visibly taken part in demonstrations calling for reform of the NYPD, including having once called for the end of stop-and-frisk. Apparently now, Mr. Pinter takes cues on police issues from Bratton-enablers.

Even Yetta Kurland, who I love, because she saved my job for me when they were trying to fire me at Credit Suisse, does not want to encourage ''left leaning friends'' who ''bemoan'' the appointment of the controversial new NYPD commissioner. The message is clear : the new mayor's supporters want to silence critics.

Other activists noted for their work during the primary campaign have also become muted.

The activist-administrator of one very active Twitter account keeping tabs on the corrupt Councilmember Maria del Carmen Arroyo from the Bronx in the time leading up to the municipal primary elections, @arroyowatch now seems to want to stop short of calling for reforms, and only seems content with changes in figurehead politicians without getting to the root of the broken political system.

Separately, in an article in Gay City News, Charles King, the CEO of Housing Works, said of Mayor de Blasio, "I think the community needs to hold his feet to the fire," but Mr. King's done nothing to actually hold the mayor's feet to the fire.

When a corrupt lobbyist tied to both Mayor de Blasio and Speaker Mark-Viverito was exposed for working to defeat LGBT candidates for the City Council, no LGBT civil rights group dared speak out against the politically-connected bigot. Indeed, a corresponding Change.org petition only attracted a few signatures. At today's selection of the new Council speaker, LGBT Councilmembers voted for Ms. Mark-Viverito, even though she had rigorously defended her close working relationship with the bigot lobbyist.

The LGBT community fought so hard to come out of the closet only to, out of political expediency, climb into the veal pen.

Animal rights activists used to carry the banner against the corrupt record of Speaker Quinn, but now they are quick to denounce any activist who tries to hold the de Blasio-Mark-Viverito administration accountable for delivering reforms.

Even powerful business leaders, seeking to do billions of dollars worth of "business" with New York City, have obediently kept quiet, "saying they are worried about the consequences of offending the mayor," wrote two City Hall reporters for The New York Times.

Noam Chomsky photo Noam-Chomsky_zps93db4798.jpg

The Council speaker takes her post in the veal pen.

The prospect of Speaker Mark-Viverito, who was an organiser with the 1199SEIU, the healthcare union that backed Mr. de Blasio's winning mayoral campaign, serving hand-in-hand with the mayor has been invoked by big business interests in the manner of a menacing scare tactic : the rich are going to leave New York City in droves, business are going to close and move to Florida, and the de Blasio-Mark-Viverito administration is going to choke off enterprising new businesses from forming in an era of leftist over-regulation, like a planned nominal expansion of the paid sick leave law. Ms. Mark-Viverito also owes her speakership to the interventions of Mayor de Blasio. When some activists criticised the mayor's violation of separation of powers to advance Ms. Mark-Viverito's speakership, they weren't invoking "checks and balances" to help prop up a big business agenda, as some claim, but to, instead, question Speaker Mark-Viverito's resolution to challenge the mayor on controversial neoliberal moves, like the Bratton appointment or the decision to embrace a close relationship with real estate developers. The new mayor has a failed record of fighting for affordable housing in connection with large, controversial zone-busting development deals, like at the Atlantic Yards project in Brooklyn. The tragic irony is that for everybody supporting a Democratic take-over of both Gracie Mansion and City Council, Speaker Mark-Viverito may not have the courage to openly challenge the mayor to deliver a truly progressive reform agenda that would include letting the calves know that they could very easily walk out, free from the confines of the veal pen. One need not look any further to how councilmembers refused to either criticise the Bratton appointment or to call for campaign finance reforms following the various scandals tied to the lobbying firm, The Advance Group.

In New York City, the calves get just enough water and feed brought to them that they willingly accept the inhumane conditions of their own existence, and they lash out at anybody trying to fix this system of atrophy and waste. Politicians, like factory farm ranchers, have successfully conditioned voters to mistakenly think that this is all there can be, too, except for the few brave calves who have learned to break free of the veal pen.

As was seen with Ms. Mark-Viverito's successful speaker race, even after the Editorial Boards of four major newspapers challenged the mayor and the Council speaker, the calves still defended their place in the veal pen. What will it take for them to escape this prison of their own making ?

Senator Feinstein Outraged by CIA Spying on Senate, But She Defends NSA Spying on Citizens

Sen. Dianne Feinstein is shocked -- SHOCKED!! -- that the government has been discovered to be illegally spying and subverting the U.S. Constitution !

This, from the same madame chairwoman, who so righteously defends N.S.A. spying powers :

Senator Dianne Feinstein, Democrat of California and the chairwoman of the Senate intelligence committee, said that the Central Intelligence Agency had violated federal law and undermined Congress’s constitutional right to oversee the actions of the executive branch. The dispute stems from the agency's illegal search of computers used by the Senate intelligence committee to investigate C.I.A. interrogation procedures at its secret Bush-era prison system. “I am not taking it lightly,” she said.

And in a forceful editorial, the likes of which we have not read in ages coming from normally staid Editorial Board of The New York Times, the editors excoriated President Obama over the C.I.A. torture and detention programs. The Editorial Board demanded that the Obama administration release a Senate report and a C.I.A. internal review of the torture and detention practices, and the editors further demanded that President Obama reverse an earlier decision to forego an investigation into the C.I.A.'s interrogation procedures, calling for an end to the "lingering fog about the C.I.A. detentions."

Some of the comments to The New York Times's article and editorial plainly indicate that Sen. Feinstein has recourse to the rogue actions of the C.I.A :

"Congress has the power of the purse. Demand the ouster of anyone, and I mean anyone, involved in this illegal action and the appointment of an ombudsman accountable only to Congress and with full security clearance to monitor the agency's actions, or defund it and transfer its responsibilities to one of the other intelligence agencies, which also needs a Congressional ombudsman. Checks and balances must not be circumvented or short-circuited; they are our Constitution's key safeguard against tyranny," wrote Mark from Boston, MA, in response to the article.

"Senator Feinstein has been providing a professional courtesy to the CIA and the administration by withholding the committee's report since December 2012. If she wants to demonstrate that Congress really does have independent oversight authority, she could simply release the report as is. Of course, that would set off a firestorm and occupy the White House and parts of Congress for a few months, to the detriment of other pressing matters. Nonetheless, if she feels wronged by the CIA, she has a potent tool at her disposal," wrote Ken L from Atlanta, GA, in response to the editorial.

Monday, March 10, 2014

Proposed NYS public matching dollars at risk of being gamed, just like with "model" NYC campaign finance system

  • During the same election cycle, campaign finance loopholes allowed Melissa Mark-Viverito to accept, on one hand, New York City public matching dollars hinged on a spending cap through a city campaign finance account with indifferent oversight from the New York City Campaign Finance Board for a total election cycle spend of $284,000 ;
  • Followed by a parallel state campaign account, that allowed Councilmember Mark-Viverito to raise and spend more campaign money subject to no cap and with no oversight by the New York State Board of Elections for her speakership campaign for an additional spend of $72,000 ; and
  • And book-ended by another city Campaign Finance Board account that allowed Councilmember Mark-Viverito to raise $30,000 from real estate developers and other supporters for her transition/inauguration celebration.

The Moreland Commission, a state panel formed by Gov. Andrew Cuomo and delegated with the charge to investigate public corruption, is recommending nominal reforms to the campaign finance system for New York State elected officials.

"New York needs comprehensive campaign finance reform. The Commission recommends, among other things, lowering contribution limits and closing campaign finance loopholes, empowering regular New Yorkers with a small donor matching system of public financing, limiting the use of campaign funds, and creating tough new disclosure rules for shadowy outside spending groups," the Commission is recommending on its Web site.

But the general Moreland Commission recommendations will do nothing to address how municipal candidates can open several campaign accounts at city and state levels to exceed spending caps imposed on the city level. Because city campaign regulators are not accountable to state Board of Elections and vice versa, candidates for public office can exploit weaknesses of laws relating to lobbying, conflicts of interest, and public ethics, as was seen in the case of the $386,000 spent by New York City Council Speaker Melissa Mark-Viverito during one single election cycle when the private spending cap imposed by the New York City Campaign Finance Board was $168,000 for her official post at the City Council -- a limit more than once over exceeded.

The "compliance apathy" noted by Moreland Commission co-chair Kathleen Rice in the panel's report calls into question how city and state campaign finance regulators will police spending caps, public matching dollars, and rules violations when some candidates can jurisdiction-shop for the loopholes between city and state regulations. Extending the New York City model of campaign finance to the rest of New York State will do nothing to curb the undue influence of large-money donations and lobbyists in our elections if there is no robust regulatory compliance review. What effect does a spending cap have on the campaign finance account of a candidate in one jurisdiction, if the candidate can skirt that spending cap by opening a campaign finance account in another jurisdiction ?

Campaign finance regulators with the state's Board of Elections should have been able to determine that Councilmember Mark-Viverito's intent in opening a state campaign finance account was to skirt the spending cap imposed by the city's Campaign Finance Board. But the Board of Elections did nothing to stop the exploitation of the loophole that did not subject state Board of Elections account openings to spending caps governing an elected official's public post. In this past election cycle, Councilmember Mark-Viverito was running for reëlection. Campaign finance laws help candidates run for public office ; these laws do not promise that candidates, once elected, can keep opening further campaign finance accounts to fund further political campaigns, either for leadership posts, to lobby other publicly-elected officials, or for other purposes -- during the same election cycle. If candidates can open a series of parallel campaign finance accounts across various jurisdictions, what good is it to impose spending caps ?

The dangerous precedent set by Melissa Mark-Viverito : An elected official can hire outside lobbyists to "lobby" other elected officials.

By receiving lobbying services from The Advance Group, Pitta Bishop Del Giorno & Giblin LLC, and others, Councilmember Mark-Viverito effectively outsourced official acts, which she needed to personally undertake, to seek the speakership post. This means that Councilmember Mark-Viverito very visibly retained, as an elected official, teams of lobbyists, either paid or unpaid, to lobby other elected officials with dangerous consequences to transparency and democracy. Cloaked behind the imperfections of the same campaign finance regulations which allowed Councilmember Mark-Viverito to open three campaign finance accounts during the same election cycle, these lobbyists skirted the reach of the do-nothing Campaign Finance Board ; took advantage of the fact that only dollar amounts associated with their activities, not their activities themselves, would be disclosable to the public ; took advantage that some payments, if any, for post-Election Day work could be had by opening a Board of Elections campaign finance account in Albany ; may have enjoyed the opportunity made available by the further loophole that allows subcontractor operatives to skirt disclosure requirements ; and took advantage of the fact that the dueling city and state regulators would not have exclusive authority over the provision of free campaign services. The combined effect of this imperfect system gave unfair advantages to each of (i) The Advance Group, other lobbyists, and the clients of those lobbyists over other lobbying firms and (ii) Councilmember Mark-Viverito over other candidates for the City Council speakership. When elected officials are allowed to hire lobbyists to do the public's business, all the work that those lobbyists do constitutes a subversion of the government's work.

Indeed, it was believed that this was the first reported instance when a public official intentionally opened at least three campaign finance accounts during one election cycle for the same elected office, but the public official, flush with about $400,000 in cash, still needed, for economic or other reasons, to receive free lobbying services. At each step of the way, Councilmember Mark-Viverito's "need" to raise money opened new opportunities for wealthy campaign contributors to have a role in and to influence Councilmember Mark-Viverito's public activities. It was reported by Crains Insider that Jon Del Giorno, a lobbyist with Pitta Bishop, on Councimember Mark-Viverito's behalf, was "involved in setting up the structure of an 'appointments committee' charged with council staffing." Another lobbyist, Alison Hirsch, also worked to select the Councilmember Mark-Viverito as Council speaker, but Ms. Hirsch's work was reported to have been being provided on behalf of the Progressive Caucus of New York City Councilmembers. It's not known who was paying for the post-Election Day functions of Pitta Bishop or Ms. Hirsch in relation to Councilmember Mark-Viverito's "transition." Were members of the Progressive Caucus expected to file fundraising and expense disclosure reports to campaign finance regulators, too, for the outside lobbying services they directed ? If so, to which campaign finance regulators, at city or state levels, or both, were the Progressive Caucus supposed to report ? Moreover, further reporting by Crains Insider has revealed that, that separate from campaign finance regulation loopholes, another exception that lobbyists exploit are City Clerk Office's disclosure rules that specifically do not require the reporting of lobbying for leadership posts. These serious questions and loopholes come on top of the fact that neither The Advance Group nor Ms. Hirsch were not paid through Councilmember Mark-Viverito's state Board of Elections campaign account for their roles in Councilmember Mark-Viverito's successful speakership campaign. When lobbyists are not paid for work they provide to elected officials, the provision of these free lobbying services are said to violate city ethics regulations. "The city’s conflict of interest rules bar public officials from accepting freebies from lobbyists, and they prohibit lobbyists from dispensing same to public officials," wrote the Editorial Page editors of The New York Daily News.

Councilmember Mark-Viverito accepted public matching dollars from the Campaign Finance Board in exchange for promising to keep her political expenditures under a cap during the 2013 election cycle. But she opened a state campaign finance account to skirt around the cap under the loopholes of state regulations, opening the door for others to do the same.

Campaign finance regulations aim to each of expand disclosure and transparency, enforce spending caps to limit undue influence of special interests, and to add elements of public financing, like matching public dollars, to level the playing field. Campaign finance regulators are supposed to monitor electioneering to maintain voters' faith in the acts of elected officials. Regulators maintain the integrity of fair elections by curtailing the situations whereby contributors of large campaign donations or free lobbying services give some candidates unfair advantages over other candidates. It's supposed to be a level playing field.

Since Councilmember Mark-Viverito raised nearly $400,000 through three separate campaign accounts, she signaled to other Councilmembers that big business interests and other wealthy constituents had voted with their dollars to give her a special dominance over other elected officials. One consequence of this unfair advantage is that voters of other Councilmembers, seemingly equal to Councilmember Mark-Viverito's own voters, have had their voices and roles diminished before the City Council compared to the contributors to Councilmember Mark-Viverito's three campaign finance accounts. This opens the door to lobbyists and insiders, like The Advance Group, Pitta Bishop, Mr. Levenson, Mr. Del Giorno, Ms. Hirsch, NY-CLASS, and other Super PAC-funded groups, to have greater access to Councilmember Mark-Viverito than mere voters, especially voters, who were not wealthy enough to be campaign contributors.

Besides determining whether there was illegality in each of the provision of unpaid lobbying services and the possible coordination of independent expenditures, city and state campaign finance regulators must deal with how "compliance apathy" and "regulatory apathy" have created Swiss cheese out of city and state campaign finance and ethics regulations. But as has been noted before, city campaign finance regulators answer to the mayor and to the Council speaker, leaving voters to conclude that city campaign finance regulators are not independent enough over the public officials whose campaign finance accounts they are charged to regulate.

The politicized Campaign Finance Board spent the first municipal election cycle under the undue influence of Citizens United by seemingly persecuting John Liu's campaign, but not focusing on the obviously corruptive role of Super PAC's.

Councilmember Mark-Viverito was allowed to keep her public matching dollars, even though she opened three campaign finance accounts through two different jurisdictions, but former Comptroller John Liu was denied public matching dollars when his mayoral campaign was beset by controversy when it was reported that his campaign may have received "straw donations," an illegal tactic that masks the true identity of donors in an attempt to game the city's public matching dollars. Mr. Liu's campaign challenged the allegations, but his campaign's ex-treasurer and a former fund-raiser were charged with wrong-doing. Martin Connor, Mr. Liu's campaign finance attorney, acknowledged issues with 35 out of more than 6,300 donations, but the Campaign Finance Board, in an unusual move, denied any matching money to Mr. Liu's mayoral campaign in a move that did not seem proportional to the problem, if it was, indeed, isolated to only a small percentage of donations at the same time when, for example, Crains Insider was reporting serious questions with the finances of some Super PAC's operating during the same election cycle.

The impact of the Campaign Finance Board's controversial decision essentially put an end to Mr. Liu's mayoral campaign. Because he was denied matching money, totaling approximately $3.5 million, he was put in a "severe financial disadvantage," The New York Times reported, "because he will now have significantly less money to buy television advertising." To the last, Mr. Liu challenged the decision by city campaign finance regulators, because he said that his campaign committed no wrong-doing, and prosecutors never had proof of wrong-doing against he himself. "There’s no question that this weakens my campaign. For the last couple of years, I have taken body blow after body blow," Mr. Liu said after the Campaign Finance Board's decision. Many astute political observers never understood why The New York Times metropolitan reporters seemed obsessed with taking down Mr. Liu's campaign, since it was The New York Times, which first reported these allegations in 2011 after having sent reporters to stalk Mr. Liu's donors, and The New York Times never seemed to let up, in spite of the questions being isolated to such a small proportion of donations. Less than three weeks after the Campaign Finance Board dealt its lethal blow to Mr. Liu's mayoral campaign, the editors of The New York Times endorsed Mr. Liu's rival, former City Council Speaker Christine Quinn in the Democratic mayoral primary. Speaker Quinn, who had a role in approving the board members of the Campaign Finance Board, was said to have a close working relationship with the editors of The New York Times, some activists said.

2014-03-08 Moreland Commission - Follow-Up E-Mail Re Loopholes

Next Magazine validates cultural appropriation of the 2014 Black Party

In an article posted to Next Magazine's Web site last week, an uncredited write-up of the upcoming 2014 Black Party was described as a "mysterious look at the beautiful corners of India."

The article in Next Magazine never seemed to interview people connected with the Black Party promoter, The Saint at Large, which has stirred controversy with the South Asian and Hindu communities in New York over the planned theme for this year's Black Party. Some South Asians and Hindus have expressed concerns that the theme of this year's Black Party "fetishizes several cultural icons, including Hindu deities, which we see as a larger phenomenon of exotification of South Asian symbols and dress in writing, art, henna, yoga, and other art forms and practices."

A South Asian group named SALGA NY has organized a Facebook event calling for an open dialogue with The Saint at Large to resolve issues over the Black Party's controversial theme, but people connected with The Saint at Large have thus far turned down entreating requests from SALGA NY members. Furthermore, it's been reported on Facebook that the administrator of The Saint at Large's Facebook page has been deleting comments that question the wisdom of this year's Black Party's theme.

Representatives with The Saint and Large and The Task Force have not yet responded to e-mails requesting their comments to the controversy.

In the interim, members of SALGA NY have announced plans to host a rival party with their own authentic South Asian theme on the same evening as the Black Party.

Saturday, March 8, 2014

Scott Levenson, NY-CLASS, Citizens United Super PAC Investigation (Updated)


SPECIAL NEWS UPDATE: FRI, 25 APR 2014, 09:50 AM
Scott Levenson NY-CLASS Christine Quinn Bill de Blasio FBI Investigation into Campaign Corruption photo 2014-04-25TheNewYorkDailyNewsFBIReport_zps189d95ac.png

In the past few weeks, FBI agents have been asking questions about the campaign by the animal rights group NY-CLASS to strong arm former Council Speaker Christine Quinn (center) to support a ban on the iconic horse-drawn carriages, two sources familiar with the matter told The New York Daily News. The horse lobbyists in question include Scott Levenson, and they are linked to Mayor Bill de Blasio (inset). (FBI investigating claim that Christine Quinn was threatened by Scott Levenson for refusing to support carriage horse ban during the mayoral race * The New York Daily News)


PUBLISHED : SAT, 08 MAR 2014, 02:06 AM
UPDATED : FRI, 25 APR 2014, 12:17 PM

The mayor and his Council speaker, who both reject checks-and-balances, oversee city campaign regulators nominally tasked to investigate campaign corruption of groups with close ties to the de Blasio-Mark-Viverito administration.

In an article posted on The Daily Beast, NY1 political reporter Josh Robin reported that "city campaign regulators have begun investigating" Scott Levenson, the lobbyist-advisor to NY-CLASS, the animal rights group that organized Super PAC's to defeat Mayor Bill de Blasio's chief mayoral challenger, former City Council Speaker Christine Quinn.

Information about this investigation was first reported by Michael Powell in The New York Times back in November 2013.

When questions were first brought to the city's Campaign Finance Board about the role of Mr. Levenson and his lobbying firm, The Advance Group, doing unpaid lobbying work in the New York City Council speaker race, city campaign regulators looked the other way as Mr. Levenson provided a valuable gift to Councilmember Melissa Mark-Viverito to possibly influence her performance as Council speaker in respect of official acts that could benefit The Advance Group and its lobbying clients.

But the board members of the Campaign Finance Board are selected by both the mayor and the Council speaker, thereby preventing it from rendering an independent review of the controversies that surrounding Mr. Levenson, who likes to accept responsibly for each of Mayor de Blasio's primary win and for Ms. Mark-Viverito's selection as Council speaker. As a reward for Mr. Levenson's NY-CLASS's crucial support, the mayor attended a fundraiser for NY-CLASS, which was closed to the press. Meanwhile, Speaker Mark-Viverito, who benefitted from free lobbying work provided to her by The Advance Group, has expressed support for enacting legislation sought by NY-CLASS. This cross-support has all the appearance of a quid pro quo.

An undeniable perception exists that the Campaign Finance Board is a political organ of the occupants of City Hall. As was noted in a comment to The New York Times story, "The real scandal is the Campaign Finance Board, which spent most of its resources tracking down addresses of donors to John Liu rather than paying attention to the big money controlled by the likes of Scott Levenson." This is among the many reasons why the Campaign Finance Board cannot be trusted to lead an investigation into the co-electioneering activities of Mr. Levenson and the NY-CLASS Super PAC's.

If the Campaign Finance Board answers to the mayor and to the Council speaker and if the mayor and the Council speaker have close ties to Mr. Levenson and to NY-CLASS, then can city campaign regulations exert enough independence to fully investigate whether possible coordination of independent political campaign expenditures and free gifts of lobbying services were violations of federal laws that ban, respectively, Super PAC coordination and bribery ?

Separate from violating campaign finance laws, the role of each of Mr. Levenson and the NY-CLASS Super PAC's had damaging effects on the opportunity for reform in a post-Quinn municipal government. Because of the independent campaign expenditures that nearly totaled $2 million, the influence of NY-CLASS perverted the ability of other issue reformers from being taken seriously by the media. Witness how the media accepted the controversial appointment of William Bratton as police commissioner, even though he still supports unconstitutional tactics, such as stop-and-frisk and the broken windows theory of policing, which unfairly targets low-income communities and people of color -- but does nothing to combat the white collar crimes by political operatives or by Wall Street. Further, the NY-CLASS Super PAC's misappropriated the grassroots work by reform activists, including tenants' rights activists like John Fisher, police reform activists, QUILTBAG civil rights activists, and St. Vincent's Hospital activists, who each had separately and collectively spent years organizing to vote the former Council Speaker Quinn out of office. There was even a serialized book, recounting former Council Speaker Quinn's long record of community and political betrayals.

Using the distorting influence of Super PAC money to control media attention, political operatives loyal to Mayor de Blasio, chief amongst them, Mr. Levenson, usurped activists' abilities to continue pressing the new administration to roll out a truly progressive reform agenda, not one that has been noted to be slipshod in its attempts at "reform," like the education advocates pushing for universal pre-kinder only for New York City at the same time when those same education advocates are neglecting to call for an expansion of kindergarten to become a full-day program in its own right for the rest of New York State. While NY-CLASS awaits the enactment of its noble-minded ban on horse drawn carriages, other reform activists are left scratching their heads, wondering what happened at real attempts at government reform, like ending the Council speaker's slush fund, reforming the corrupt ULURP zone-busting approval process that continues to favor large real estate developers, the need to finally allocate all the resources that can provide shelter to the homeless, and pursuing other humane policies that would use the gains of our economy to help the people most in need.

The issue of reforming the process of zone-busting real estate development projects becomes all the more impossible with Mr. Levenson and NY-CLASS, since one of the group's founders is Steve Nislick, a real estate developer, who, in a shady confluence of events, is said to be trying to develop a zone-busting project on land currently used as horse stables for the horse-drawn carriage industry that he is coincidentally trying to outlaw. Add to that the fact that Mayor de Blasio has appeared to be courting large real estate developers and their lobbyists, such as James Capalino.

As Mr. Levenson and NY-CLASS continue to advance the narrative that the sole actions of the NY-CLASS Super PAC's defeated Speaker Quinn and helped to elect Mayor de Blasio, that should help federal prosecutors seal their investigation into coordinated campaign corruption, a karmically-doomed trap that Mr. Levenson and NY-CLASS operatives have documented in a series of press reports that they were too blind to see. But the still larger question for Democrats, who are said to largely favor campaign finance reform, is why do they accept that the Democratic mayor and his Council speaker have yet to call for campaign finance reform to end the corruptive role of lobbyists and big business and special interest money in the election system. As was noted in the comments below, if Mayor de Blasio and Speaker Mark-Viverito lack the political will to enact real campaign finance reforms on the municipal level, then they also have the option of pressing on Washington or Albany to enact federal- or state-level reforms. But all voters seem to get is nothing.

The Advance Group, which provided unpaid consultants to Mark-Viverito, worked for the City Action Coalition PAC, which lists 'traditional marriage' as its platform and supported opponents of gay City Council candidates.
(The New York Daily News)
Did Scott Levenson sabotage LGBT civil rights attorney Yetta Kurland's political campaign ?
(Scott Levenson : Biggest Loser Of The Week * NY Pop Culture & Politics)

Thursday, March 6, 2014

Caught in a Vicious Circle, NYC Homeless Man Describes "Broken System" in YouTube Video

One homeless man, who is gay, middle-aged, single, and overcoming the past affects of being a victim of domestic violence, describes the "vicious circle" of being homeless in the midst of the brutal 2014 winter season in New York City.

Watch as a harrowing tale of being cycled through single-male shelters, including one on Wards Island, where he was beaten ; through Metropolitan Hospital with its jaded social workers ; through a series of non-profit organizations, such as Safe Horizon, including LGBT groups, like the Anti-Violence Project and Callen-Lorde, which denied social workers based on the man's sero status ; and finally through the cold city agencies, like 311, the mayor's office, and the Department of Mental Health, which, at times, left this man waiting for appointments, sent e-mails from one commissioner no longer in office, and, incredibly, required the homeless man to have a physical address.

According to statistics made available by the Coalition for the Homeless, there are more people, who are homeless, than there is space in the shelter system. “[M]ore than 5,000 homeless adults and children sleep each night in other public and private shelters, and thousands more sleep rough on the streets or in other public spaces.” On top of this, nobody reviews how “the system” treats homeless people.

Video was filmed in its entirety on 01 March 2014, edited, and uploaded on 05 March 2014.

Produced by : @ProgressQueens on Twitter

To protect the man's identity, his real name is being used in the video, but it is not being used in the text about this video. To contact the homeless man, please reach out on Twitter to @ProgressQueens.

Black Party Theme and Trailer Video Spark Outrage

Exotification, Fetishization, and Misappropriation of South Asian and Hindu Cultures

This year's Black Party on March 22 in New York City promises to be a scandal.

In a bid to give the annual gay circuit party some oomph, Black Party organizers have adopted a theme of "Passage to India or Holika Dahan with performances and aesthetics inspired by the ancient Hindu religious festival of Holi," according to Time Out magazine. The chosen theme has created a backlash amongst some South Asian communities, who say they see the Black Party's theme as offensive.

Invoking what could be described as controversial South Asian and Hindu images, the Black Party 2014 trailer posted to YouTube is titled, "A Ruined Paradise." The video, by Leo Herrara, features several images that seem to cross the line : It features a skull being blessed with a sacred ash across its forehead, what appears to be a funeral pyre along a body of water, a man smoking a pipe with an apparent subversive connotation, the colorful celebration of Holi, and, superimposed against a backdrop of a large crowd of people, who appear to be South Asians, the bold phrase "A Ruined Paradise" appears. Black Party organizers have been asked by e-mail to comment about how the South Asian culture is a "ruined paradise," along with a few other questions. Once Black Party organizers have provided a response, this post will be updated.

On Facebook, a group called SALGA NYC has created a call-to-action event against the Black Party organizer, The Saint at Large. Members of SALGA NYC have reached out to The Saint at Large to express their concerns, but the circuit party organizers refuse to back down, justifying their use of South Asian and Hindu imagery as "necessary for fetishization," according to an e-mail newsletter from SALGA NYC.

"The annual dance/performance/kink party this year has a South Asian/Hindu theme, and fetishizes several cultural icons, including Hindu deities, which we see as a larger phenomenon of exotification of South Asian symbols and dress in writing, art, henna, yoga, and other art forms and practices. While the views in our community are as diverse as our members and as such there is no singular position that reflects even the members of our board, many of us are offended at the appropriation of South Asian symbols by largely non-South Asian event-planners," members of SALGA NYC wrote on the Facebook event page.

The Black Party is an important part of the gay social calendar in New York. It's an annual celebration that takes place during an all-night binge of music, dancing, and other hedonistic activities, appealing to party-goers, who are free-thinking and uninhibited, and the atmosphere can be described as a cross between an underground disco party and the backroom of a gay club. But subculture aspects that make the Black Party so exciting is no excuse for organizers to appropriate South Asian and Hindu cultures, according to members of SALGA NYC. As a group, SALGA NYC "fully support the idea behind fetish parties, queer parties, and other forms of kink," but the group "are troubled when other queer groups marginalize, exotify and offend our community in pursuit of queering spaces."

SALGA NYC members urged The Saint at Large to "engage in active dialogue" with the South Asian community, to resolve these issues, but thus far the Black Party organizers have refused to acknowledge the cultural incompetencies of this year's theme.

The offending 2014 trailer video is currently "unlisted" on YouTube, meaning, one must have a link to it, in order to view it. But the video has been being passed around amongst activists and other concerned members of the South Asian community. A tamer, much more generic promotional video for the Black Party, this one made by BunnyZ of last year's event, is also "unlisted," but it is embedded on the Web site of The Saint at Large.

Last year, Katy Perry sparked controversy and accusations of cultural appropriation when she sang one of her songs in a geisha-inspired performance on the American Music Awards. After the discussion that followed that scandal, it's not known why Black Party organizers would move forward with a Black Party theme that obviously appropriates aspects of South Asian cultures and Hindu religious rites. And the fact that there's been prior controversy in the New York gay scene about appropriation of Asian culture that some observed bordered on racism. In 2011, gay planners were organizing a theme party called "Mr. Wong's Dong Emporium," but after the New York gay Asian community expressed their concerns, "promoters apologized and changed the name and theme of the party."

If you care to contact The Saint at Large to express your opinions about the cultural misappropriation in this year's Black Party, please send an e-mail to : thesaintatlarge@gmail.com

Following below are some screen shots of the scandalous 2014 trailer video. A still of the funeral pyre was rejected by Photo Bucket.

Here is a screen capture showing a skull being blessed with sacred ashes across its forehead.

Black Party NYC 2014 Trailer Still - Skull with Vibhuti Sacred Ash photo Black-Party-NYC-2014-1-skull_zpsd88bc92f.png

In this still, the colorful powder of Holi celebrations are thrown in the air.

Black Party NYC 2014 Trailer Still - Holi photo Black-Party-NYC-2014-4-Holi_zpsdbe74990.png

Here, a man wearing dark sunglasses smokes a pipe in a segment that may have subversive suggestions.

Black Party NYC 2014 Trailer Still - Smoking Pipe photo Black-Party-NYC-2014-3-smoking_zps2efb62d2.png

It remains unexplained or unqualified why "A Ruined Paradise" would be the title of this video, or why it would be superimposed against a backdrop of a crowd of people assumed to be South Asians.

Black Party NYC 2014 Trailer Still - A Ruined Paradise photo Black-Party-NYC-2014-6-A-Ruined-Paradise_zps6bdfb03c.png

The Black Party is using a controversial video to promote its South Asian/Hindu-themed event on March 22.

Black Party NYC 2014 Trailer Still - Logo photo Black-Party-NYC-2014-5-The-Black-Party_zpsd3d45705.png

Sunday, March 2, 2014

Jackson Heights Crap : Whose Garbage Is Really Worse ?

In Latest Jackson Heights Garbage Controversy, Scandal Depends On Eye Of Beholder

Last week, New York City Councilmember Daniel Dromm (D-Jackson Heights) appeared at a news conference outside of the Starbucks on 37th Avenue in Jackson Heights, Queens, to complain about what he saw as a nuisance : the garbage that the coffee shop stacked outside the alley gate on 79th Street, near the coffee shop's backdoor.

Hearing it told by Councilmember Dromm and neighbors, employees of the coffee shop do not neatly bag nor tie the shop's garbage when the bags are placed out for collection. "Open bags of coffee grinds, food and other trash is often strewn around, residents said, and is usually left out for 12 hours or more," DNAinfo reported. However, the photo posted by Queens Crap showed that the garbage placed on the sidewalk for pickup was actually tied and neatly stacked against the curb. Presumably the neighborhood residents, who are complaining the loudest about the Starbucks garbage bags, are the residents of the building at 35-56 79th Street, which butts up against the backside the alley, where Starbucks stores it garbage.

Jackson Heights Crap-Starbucks-79th Street photo Jackson-Heights-Crap-Starbucks-Garbage-Neatly-Bagged-Tied-Stacked_zps85bbd38f.png

If the photo of the Starbucks garbage is to believed -- and there's no reason not to -- it's not known if after Starbucks employees place the garbage bags on the curb that they are later opened by the people, who open up neighborhood recycle bags to scavenge for glass bottles and aluminum cans that can be exchanged for a cash deposit at neighborhood grocery stores. The photo of the Starbucks garbage bags only shows a few black garbage bags, which should only contain items that cannot be recycled, such as coffee grinds, food waste, or other trash. By far the majority of the garbage bags that are stacked along the curb are made of clear plastic, which should only contain recyclables. Because people, who scavenge for recyclables know that they would only be contained in clear bags, there is less reason for the black bags to be opened once Starbucks employees set the bags out on the curb. It's bad enough that there are people, who open up recycling bags in search of an item that can be exchanged for a 5¢ deposit, but if scavengers are opening up the black bags in search of food items, then perhaps city officials should be addressing the larger problem of poverty or homelessness that drives people to open up garbage bags in search of aluminum cans or leftover sandwich crusts -- and not targeting Starbucks over the garbage bags it puts out for waste and recycling collection. There's a larger problem that's apparently being left unaddressed here.

It's ironic that the residents of the apartment building at 35-56 79th Street, which is adjacent to the Starbucks, would complain about the Starbucks garbage bags. The residents of 35-56 79th Street are responsible for their own garbage, which lays in plain sight from the sidewalk along 79th Street. There are metal pipes, an errant baby stroller, and other construction materials laying in the alley alongside 35-56 79th Street. It's not known if the Starbucks employees, who must use the shared alley, have ever complained about the garbage belonging to the apartment building next door.

Jackson-Heights-trash-3556-79th-Street-image-0_zps8819c484.jpeg

The press conference outside the Starbucks was supposed to also feature State Sen. Jose Peralta, but he did not show up to join Councilmember Dromm and concerned neighbors. The Starbucks company originally opened its location in Jackson Heights as a result of lobbying by Sen. Peralta, The New York Times reported in 2008. The Queens Crap blog observed the irony that Sen. Peralta had suddenly turned against Starbucks when it was he, who had lobbied the national chain to open a coffee shop in Jackson Heights.

Judging by the high number of other posts about garbage on the Queens Crap blog, cleaning up Queens is a huge concern for residents. It is odd that of all Queens, or more specifically Jackson Heights, that the garbage put out by Starbucks would merit such a controversy.

On 74th Street and 37th Road, for example, only a few blocks away from the Starbucks, the city offers no garbage canisters to collect trash near what is arguably the largest transportation hub in the borough.

Jackson Heights Crap-74th Street and 37th Road photo Jackson-Heights-trash-74th-Street-photo_zpsb9e3fe05.jpg

On 74th Street, some of the garbage bags, which are placed on the sidewalk, are left open, leak grease and other muck, and stain the sidewalk. While it is true that there is a perception in Jackson Heights that 74th Street needs to be cleaned up, the reality is that the city makes no resources available, like garbage canisters or regular garbage collection, to keep the sidewalks clear in that part of Jackson Heights.

Which is to say that it doesn't seem to make sense why Starbucks is being targeted for its garbage, when there appears to be more pressing areas in Jackson Heights, which need the attention of city officials.

Unless it is because the residents of 35-56 79th Street live on an expensive block, and, by comparison, the businesses located along 74th Street are being deliberately denied city resources, because those business leaders there lack affluence or influence that would translate into government responsiveness ?