Tuesday, March 23, 2021

POLITICO New York Playbook: Impeachment investigation to kick off — Vaccine eligibility threshold lowered to age 50 — City high schools reopen

Presented by Opportunities for NY: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Mar 23, 2021 View in browser
 
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By Erin Durkin and Anna Gronewold with Jonathan Custodio

Presented by Opportunities for NY

So it begins.

Today, the Assembly Judiciary Committee is set to meet and introduce the attorneys from Davis Polk & Wardwell, LLP who have been retained (to mixed reviews ) to conduct its impeachment investigation of Gov. Andrew Cuomo.

Impeachment obviously is rare in New York politics, but it has become a good deal more familiar to Americans over the last quarter-century, when three of the nation's four presidential impeachments took place. The process in New York is similar to the impeachments of Bill Clinton and Donald Trump, but there are a couple of differences. .

On a parallel front is Attorney General Tish James' investigation into the charges, where an attorney for one of the women alleging sexual harassment by Cuomo says his office is attempting to interfere.

In a letter to James, Debra Katz, who represents Charlotte Bennett, specifically objected to the fact that the administration is reportedly providing lawyers for staffers being interviewed in the probe. "It is my understanding that these attorneys are also 'debriefing' staffers after their interviews with investigators," Katz wrote. "This is highly improper and we object in the strongest possible terms to this obvious interference."

She said the decision to provide in-house attorneys "will have a chilling effect on potential witnesses or other accusers who wish to come forward but fear job-related retaliation," and asked James to direct the governor's office to stop assigning the attorneys.

Cuomo is managing to escape direct questions on the accusations against him. On Monday he held yet another closed press vaccine event and then took a handful of questions from reporters chosen by his office via conference call, before which he again declared he wouldn't talk about the scandals.

IT'S TUESDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold

WHERE'S ANDREW? In Albany, with no announced public schedule.

WHERE'S BILL? Appearing on MSNBC's Morning Joe and holding a media availability.

HMMM: What do you think Andrea Stewart-Cousins and Jay-Z are working on?

 

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WHAT ALBANY'S READING

"CHARLES LAVINE is not a household name, but it will be in the coming weeks. He is the head of an Assembly committee charged with running an investigation to determine if Gov. Andrew M. Cuomo should be impeached over the scandals in which he is embroiled. To critics, it's a rigged probe designed by the Assembly's Democratic leadership to buy some time for a Democratic governor who has witnessed more than half of the Legislature call for his resignation. If Cuomo doesn't resign soon, the critics say, the Assembly should immediately move to impeach him rather than spend weeks or potentially months investigating him through Lavine's panel.

But Democrats and Republicans alike say Lavine, a 73-year-old Democrat from Nassau County who chairs the Assembly Judiciary Committee, is the right person among the 107 Assembly Democrats to run an investigation that is as impartial and fair as any can be that is overseen by elected politicians. 'He's a fine and decent person who will do this as fairly as possible and let the facts take him to a final decision,' said Assemblyman Joseph Giglio, a Republican from Gowanda." Buffalo News' Tom Precious

WHO AMONG US hasn't 'found' $5 billion in their couch cushions? "Better than expected revenues and additional federal aid will negate the need for cuts proposed as part of Gov. Cuomo's budget plan — without the need for 'any significant' tax hikes, the governor's top fiscal planner said Monday. State budget director Robert Mujica appeared to nix the idea of hiking taxes on the wealthy, which Democrats in control of the Legislature have backed as a way to cover spending increases linked to schools and health care. 'So as of now, and our latest talks with the Legislature, and staffs have been meeting throughout last week and over the weekend, and we've identified over $5 billion in resources available,' Mujica said. 'So you wouldn't require any significant level in tax increases.'"

"Mike Murphy, a spokesman for the Senate Democrats, said the proposals from lawmakers are about ensuring funding for the future. 'It is amazing that they found 5 billion dollars just a week after our one-house budget passed,' he said. 'Our position remains the same: We need to ensure all New Yorkers are protected and we can pass a budget that doesn't rely on one-shots and austerity but creates long-term equity.'" Daily News' Denis Slattery

— "Business groups and fiscal hawks historically have been able to count on Gov. Andrew M. Cuomo to temper a progressive State Legislature's desire to raise taxes on corporations and the wealthy. But with the embattled governor fighting for his political life, they say there may be no stopping New York from raising some tax rates to levels not seen since the 1970s. And that's despite a huge influx of funds from Washington that effectively closes out New York's budget hole. Opponents of the tax hikes, outnumbered in the legislature, are trying to apply public pressure to halt the plans — while knowing the political tide makes this a long shot bid." Newsday's Yancey Roy

GOV. ANDREW CUOMO responded to widespread unrest over police brutality last year by directing law-enforcement agencies to reinvent and reform themselves. Cuomo painted the issue as a local problem (though he still used it to regularly needle New York City Mayor Bill de Blasio) but directed police departments and communities to collaboratively reimagine law enforcement or else face a potential loss of state funding.

Nine months later, the deadline for reform plans to be enacted into local law and submitted to the state budget division is 10 days away. As of Monday, 152 of more than 500 municipalities — less than a third — have submitted their reform plans, according to the administration. And with the deadline in sight, it's now unclear exactly how much bite there will be in Cuomo's executive order as the two legislative chambers negotiate next year's funding with the governor. The Legislature has somewhat stripped Cuomo of his emergency pandemic powers, but the executive order stands unless the Democratic majorities decide to oppose it. POLITICO's Anna Gronewold

#UpstateAmerica: Six hungry bears have been dropping by for dinner in the Hudson Valley.

 

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WHAT CITY HALL'S READING

NEW YORK CITY high schools reopened on Monday for the first time since November, the last group of schools in the nation's largest system to welcome back students after a shutdown driven by high coronavirus infection rates. The vast majority of students — some 70 percent — will continue to learn entirely from home for now because they chose to sign up for all-remote classes. But city public school students who opted for all-remote education will now have another chance to sign up for in person classes starting this Wednesday, with elementary school children returning to class in April, Mayor Bill de Blasio said. Middle and high school students who are at home full time can also sign up during the two-week opt-in period, which goes from March 24 through April 7. But there is no timeline for when they may be able to return to school. Some 488 high schools partially reopened on Monday. POLITICO's Erin Durkin

"NEW YORK state will expand vaccine eligibility to those 50 years of age and older starting Tuesday, Gov. Andrew Cuomo said. "Tomorrow morning, 50 and above, make your appointment and get your vaccine," the Democrat said Monday at a press conference. Currently, those 60 and above are eligible for the Covid-19 vaccine, in addition to healthcare workers and other groups. A total of 12.2 million residents will be eligible for the vaccine beginning on Tuesday, according to the New York State Department of Health. More than five million residents, or 25% of the state, have received at least one dose of Covid-19 vaccine, according to the state health department. Over 13%, or 2.7 million individuals, have completed their vaccination...Statewide, the percentage of people testing positive for Covid-19 on average each week was at 3.3%, according to the latest state data, down from 4% in early February and nearly 8% in early January. In New York City, that seven-day average has plateaued, remaining between 6% and 7% for weeks now, worrying some epidemiologists." Wall Street Journal's Talal Ansari

— De Blasio called for a halt to any further indoor dining capacity expansions beyond the 50 percent now authorized by the state.

— Indoor fitness classes reopened Monday over de Blasio's objections.

— The coronavirus-related cancellation of a dance event at a New York City cultural venue, the Park Avenue Armory, has prompted concerns about whether such spaces can be safely reopened at this time.

"A YEAR AFTER the coronavirus pandemic ground New York City's economy to a near standstill, most big companies and white-collar employees have emerged inconvenienced but intact, while many small businesses and low-wage workers are still struggling to stay afloat . The economic engines that power the nation's largest city—Wall Street, the tech industry and big corporations—have weathered the pandemic better than many initially expected. Mayor Bill de Blasio's office estimated in January that the city's economy contracted 0.6% in 2020 compared with 2019, a far brighter picture than the 12.9% decline in gross city product predicted last April. Still, nearly eight years after he won election on a platform of reducing income inequality, the term-limited Mr. de Blasio is preparing to leave office during a crisis that has delivered a disproportionate blow to the city's most vulnerable residents." Wall Street Journal's Kate King

"A 68-YEAR-old Sri Lankan man was riding the subway in Lower Manhattan on Friday when another passenger yelled a racial slur and punched him in the head, leaving him bloodied and in critical condition. On Saturday morning, a 66-year-old man of Asian descent was punched in the face on the Lower East Side. Then on Sunday came three more attacks, the police said: A woman of Asian descent was thrown to the ground in Midtown, another was hit in the face with a metal pipe on the Lower East Side and a third was punched twice in the face after she attended a demonstration in Union Square in support of Asian-American victims with her young daughter. The attacks around New York City over the weekend, coming as hundreds of marchers gathered in multiple protests to call for an end to such assaults, were yet more examples of violence directed at Asian-Americans amid a new wave of xenophobia that emerged during the pandemic." The New York Times' Mihir Zaveri

"FOR THE LAST YEAR, New York City has been running in the shadow of a deadly pandemic, with many city and private sector employees forced to work from home, stripping New York of its lifeblood and devastating its economy. But with virus cases seeming to stabilize and vaccinations becoming more widespread, city officials intend to send a message that New York is close to returning to normal: On May 3, the city will compel its municipal office employees to begin to report to work in person, according to internal planning documents shared with The New York Times. Workers will return in phases over several weeks. Mayor Bill de Blasio's decision to bring the nation's largest municipal work force back to the office signals a remarkable turnabout in the fortunes of a city that served as the national epicenter of the coronavirus pandemic, coming to symbolize the perils of living in densely packed global capitals." The New York Times' Dana Rubinstein

 

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FROM THE DELEGATION

"CHEMUNG COUNTY Executive Chris Moss is weighing a run for Congress in 2022 following Rep. Tom Reed's decision not to seek reelection in the 23rd District. Reed made the announcement Sunday night, two days after a Washington Post story detailed alleged sexual misconduct by the Corning Republican in 2017. Moss said he has no timetable to make a decision. The Republican plans to see what the district looks like after New York state works through the redistricting process." Elmira Star-Gazette's Chris Potter

AROUND NEW YORK

— The National Labor Review Board found that Amazon illegally threatened and interrogated a worker who led walkouts in Queens.

— City DAs ended up in possession of wrongfully recorded phone calls between city jail inmates and their attorneys, potentially affecting hundreds of court cases.

— An NYPD officer with two previous arrests for alleged brutality was arrested again after authorities said he fired a gun into the Atlantic Ocean on Long Island.

— Parents in Albany rallied outside the Capitol, frustrated by remote-only classes.

— New York restaurateurs and Republicans *really* want the state to lift its 11 p.m. curfew on bars and restaurants.

— Lawmakers are proposing a Covid-19 health registry to monitor long-term impacts of the virus.

 

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SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Sarah Maslin Nir … The Intercept's Ryan Grim is 43 … Johnny DeStefano of Utility Strategic Advisors is 42 … cartoonist Kevin Kallaugher is 66 … Deloitte's Ashley McCabe … McKinsey's Tara MallerMaggie Gage of MetLife … Bernard W. Nussbaum

MAKINE MOVES — Charles Lutvak and Halimah Elmariah are joining Scott Stringer's mayoral campaign as deputy press secretaries. They were at Risa Heller Communications and Kivvit, respectively.

 

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REAL ESTATE

"THREE immigrant-run food carts were unfairly displaced from their longtime home outside Hudson Yards, workers alleged Monday, calling it the culmination of years of harassment they received from owners of the luxury megadevelopment. Starting in 2014, when construction had barely begun on the glassy skyscraper complex, Mohamed Awad began selling hot dogs on the south side of West 33rd Street between 10th and 11th avenues. He was joined by two other carts selling gyros, falafel and Halal over rice. In the ensuing years, however, Awad and his fellow vendors faced continued harassment from the owners of Hudson Yards, who sent security teams and sometimes police after the vendors, they alleged at a rally Monday.

"Then, on March 5, the workers returned to Hudson Yards after weeks of being unable to work due to the pandemic. They found that tree beds had been extended, and a new planter added, to prevent the sidewalk space from being large enough to house the carts. 'We are good people, we're not selling drugs,' Awad said. 'We are hot dog guys, that's it.'" Patch's Nick Garber

 

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