Thursday, August 11, 2022

POLITICO New York Playbook: Trump takes the Fifth

Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Aug 11, 2022 View in browser
 
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By Erin Durkin , Anna Gronewold and Julian Shen-Berro

After a long battle, Attorney General Tish James finally got the chance to grill Donald Trump under oath in her long-running civil probe into his business practices — except the former president didn't answer a single question , other than his name .

Appearing for a deposition, Trump invoked his Fifth Amendment right to avoid incriminating himself.

The AG has been investigating whether Trump fraudulently inflated the value of his real estate holdings, as he also faces multiple criminal probes.

But wait, isn't this the same guy who said at a 2016 campaign event, "If you're innocent, why are you taking the Fifth Amendment?" Indeed, but yesterday Trump declared: "Now I know the answer to that question. When your family, your company, and all the people in your orbit have become the targets of an unfounded, politically motivated Witch Hunt supported by lawyers, prosecutors, and the Fake News Media, you have no choice."

The deposition — for which he spent six hours at James' lower Manhattan office, despite refusing to answer questions — comes days after the FBI searched Trump's Mar-a-Lago home in Florida. He said that move "wiped out any uncertainty" about his decision to take the Fifth.

Despite his change of heart on the matter, a jury may adopt Trump's old view that taking the Fifth makes him look guilty. In civil cases, unlike criminal ones, jurors can be told that a defendant invoked the right and are allowed to hold that fact against them.

Still, the AG's case — which depends on proving that Trump himself knew about and intended to make false representations on tax documents — would likely benefit more from getting him to talk, said Albany Law School professor Vincent M. Bonventre. "He talks too much and gets himself into trouble," he said. "Almost certainly he would have added to the evidence against him."

The standoff won't be the last between the former president and the AG. "Attorney General James will pursue the facts and the law wherever they may lead. Our investigation continues," her spokesperson Delaney Kempner said.

Former President Donald Trump departs Trump Tower on his way to the New York attorney general's office for a deposition in civil investigation.

Former President Donald Trump departs Trump Tower, Wednesday, Aug. 10, 2022, in New York, on his way to the New York attorney general's office for a deposition in civil investigation. (AP Photo/Julia Nikhinson) | Julia Nikhinson/AP Photo


IT'S THURSDAY. 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 KATHY? Signing green energy legislation.

WHERE'S ERIC? Speaking at the Paley Center for Media and a "Hip Hop 50 Years" exhibition, highlighting a new street safety tool, raising a Dominican flag, and attending a Trinidad and Tobago independence day celebration.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .

 
 
What City Hall's reading

" Under an Unusual Arrangement, Adams's Confidant Gets City and Casino Salaries ," by The New York Times' William K. Rashbaum, Dana Rubinstein and Michael Rothfeld: "Mayor Eric Adams has appointed a former New York City police official and close confidant as a paid senior adviser — while allowing him to keep his job as an executive at the Resorts World New York City casino in Queens, according to city officials and a person close to Resorts World. Since May 31, the adviser, Timothy Pearson, a retired police inspector, has served as both a city official and the vice president responsible for overseeing security at the casino, which is seeking state approval to expand its gambling offerings in Queens. City support for its bid could prove pivotal. On top of what he earns from the casino job, Mr. Pearson receives a city-funded salary through the nonprofit New York City Economic Development Corporation under an unusual arrangement that allows him to continue collecting his $124,000 annual Police Department pension."

New York pushes ahead on congestion pricing. Now comes the hard part , by POLITICO's Danielle Muoio Dunn and Ry Rivard: Gov. Kathy Hochul is pushing ahead on a congestion pricing plan that would raise billions in revenue for public transit projects and promises to significantly decrease traffic into Manhattan's central business and tourism district. But an environmental review of the program shows the difficult political hurdles Hochul will have to overcome, both within state borders and in neighboring New Jersey — where Gov. Phil Murphy, a fellow Democrat, has made his consternation with the plan known. ... But until Wednesday, there was little information on what the tolls could look like and whether some drivers could get exemptions or credits.

— " More migrant buses arrive in New York City, days after Mayor Eric Adams scolded Texas Gov. Greg Abbott ," by Fox News' Danielle Wallace and Lawrence Richard

— Abbott told Adams to "make my day" after the mayor floated taking buses of New Yorkers to Texas to campaign against the governor. And Adams called Abbott a "global embarrassment."

" City ordered to pay Rikers detainees who were denied medical appointments ," by Gothamist's Jake Offenhartz: "A state judge has ordered the city's Department of Correction to pay out fines to individuals on Rikers Island who were deprived of medical appointments, an unusual penalty that underscores the depth of medical neglect within the city's troubled jail system. The compensation order, which could impact thousands of incarcerated people, comes as the city continues to report upwards of 10,000 missed medical appointments per month, in some cases because of a lack of available correction officers to serve as escorts."

— "The family of a 25-year -old man who took his own life in a city jail allege in a lawsuit filed Wednesday that Correction Department officials failed to treat his mental illness and then left him in a squalid intake pen for days where he was beaten and left in a locked shower stall."

" Medicare Standoff Threatens Cuts to Current City Workers' Benefits ," by New York Focus's Sam Mellins: "Last month, a years-long effort by the New York City government to move retired city workers to a cost-cutting health care plan suffered a significant setback when the insurers slated to administer it decided to withdraw, citing an uncertain start date amid an ongoing lawsuit by retirees seeking to stop the switch. The setback could cost the city's unions hundreds of millions of dollars — and pits retirees against current workers in a battle over scarce benefit dollars. That's because the anticipated savings from the retiree care switch were destined for a fund controlled by the unions and the city that pays for active union workers' health benefits."

WHAT ALBANY'S READING

" Ex-Lt. Gov. Brian Benjamin makes case to dismiss bribery indictment, " by New York Post's Ben Feuerherd: "Lawyers for former New York Lt. Gov. Brian Benjamin asked a judge to toss his bribery case on Wednesday, arguing federal prosecutors have failed to clearly show there was an 'explicit quid pro quo' between the disgraced lawmaker and a campaign donor. In a Manhattan federal court hearing, defense attorney Barry Berke repeatedly accused prosecutors of improperly charging Benjamin in what he called the 'most aggressive political corruption case ever made by the US government.' Benjamin — who resigned from his post as Gov. Kathy Hochul's No. 2 after his indictment in April — faces bribery conspiracy charges tied to an alleged campaign finance scheme that dates back to his days as a state senator."

" New York to monitor compliance with Holocaust education requirements, honor survivors ," by New York Daily News' Denis Slattery

" COVID-19 vaccination rates for kids under 5 lagging, worrying doctors ," by Newsday's Lisa L. Colangelo: "The low number of children under 5 receiving the COVID-19 vaccine on Long Island has pediatricians worried kids will not be protected in time for school and another possible wave in the fall. Just 4,727 children in the age group in Nassau and Suffolk counties have received a first dose of the vaccine, according to state data. That's 3.1% of the eligible population. 'I'm a little surprised and a little disappointed,' said Dr. Eve Meltzer Krief of Huntington Village Pediatrics. 'Most people just don't understand that in the last wave, they were the ones that were hospitalized more than any other pediatric age group. Most people just really think that COVID doesn't affect young children and that couldn't be farther from the truth.'"

#UpstateAmerica: A Syracuse cupcake store came to the rescue after a Pennsylvania bakery refused to make a wedding cake for a lesbian couple.

 

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CAMPAIGN MODE

First TV debate in free-for-all NY-10 is a slugfest , by POLITICO's Sally Goldenberg: Candidates hurled accusations of carpetbagging, self-dealing and nefarious investments during the first televised debate in a six-way, free-for-all congressional race Wednesday night, with no candidate emerging a clear frontrunner. The two-hour face-off among Democrats vying to represent the newly drawn 10th Congressional District — which straddles Brooklyn and Lower Manhattan — gave candidates the opportunity to paint Trump impeachment attorney Dan Goldman as an out-of-touch heir with a fancy real estate portfolio. They also piled on City Council Member Carlina Rivera for her support of a controversial climate-related project in her Lower East Side district. Rivera called Goldman a "walking campaign finance loophole," referring to his decision to loan his election effort $1 million of his own fortune, while Goldman jabbed Rep. Mondaire Jones — who only moved into the district in June, after new district lines were drawn — as "the gentleman from Rockland."

"' Carpetbagger' Mondaire Jones uses Westchester footage in NYC primary ads ," by New York Post's Ben Kesslen: "Westchester Rep. Mondaire Jones is trying to dodge accusations that he's a carpetbagger in his run for the newly-drawn NY-10 Congressional District — but the freshman Democrat has been using footage from the suburbs in his ads meant to convince New York City voters he's one of them. In his two most recent TV ads, Jones — who was born and raised in Rockland County — recycled B-roll footage from his 2020 campaign where he sits with suburban constituents in a diner nowhere near the Lower Manhattan to brownstone Brooklyn district he's vying to represent.

" Mysterious Super PAC Attacks Biaggi in Homestretch of Primary Against DCCC Chair Maloney ," by Sludge's David Moore: "In New York's Hudson Valley, progressive state Sen. Alessandra Biaggi is being attacked in her primary against Democratic Congressional Campaign Committee Chair Rep. Sean Patrick Maloney by a mysterious new super PAC that is sending mailers to voters criticizing her past statements on law enforcement. In the past week, a group called Our Hudson PAC has reported spending nearly $94,000 on direct mail pieces opposing Biaggi, a rise in outside spending targeting the challenger."

— " Sean Patrick Maloney Wins a Clinton Endorsement (Bill, Not Hillary) ," by The New York Times' Nicholas Fandos

" Anti-Israel comedian slated to appear at fundraiser for NY congressional candidate ," by the Forward's Jacob Kornbluh: "A Palestinian comedian whose social media posts accuse Israel of terrorism and apartheid is slated to appear at a fundraiser next week for a New York state lawmaker running for Congress in a competitive Aug. 23 primary. A flyer advertising the fundraiser was posted Tuesday on the Instagram account of Assemblywoman Yuh-Line Niou, one of a dozen candidates competing to represent a heavily Jewish district in Brooklyn and Lower Manhattan."

" Inside a House Candidate's Panama Papers Connection ," by Daily Beast's William Bredderman and Shannon Vavra: "A New York congressional candidate's father played a small part in the biggest financial scandal of the past decade—at a time when the candidate herself was managing the family's assets. The massive Panama Papers leak of 2016 exposed more than 214,000 once-opaque firms and triggered prosecutions and political meltdowns across the planet. The trove of shady businesses reported by the International Consortium of Investigative Journalists included an entity called Tri-Stone Ltd."

" Could Carl Paladino and His '3-Ring Circus' Be Headed for Congress? " by The New York Times' Jesse McKinley: "During his decade-plus in New York politics, Carl Paladino has had no problem making headlines, usually for all the wrong reasons. There was the time he spoke highly of Hitler. Or the occasion when he made grossly racist remarks about Michelle Obama. Not to mention his suggestion that children have been brainwashed into accepting homosexuality. The ensuing criticism, however, has had little effect on Mr. Paladino, 75, a die-hard Republican and a Buffalo-area developer, or on his political aspirations: After a fleeting career as a member of the city's school board — he was effectively deposed — he has now launched a campaign to be the next duly elected representative of the 23rd Congressional District in western New York."

FIRST IN PLAYBOOK — Sara Lind and Jeffrey Omura, two former City Council candidates on the Upper West Side, are endorsing Suraj Patel in the race for the 12th Congressional District. Patel is taking on two better known incumbents, Reps. Jerry Nadler and Carolyn Maloney, who, post-redistricting, are running against each other in a district that now spans the east and west sides of Manhattan. "It's critical that we empower a new generation of leaders to take on these battles and fight for our future," Lind said. Erin Durkin

AROUND NEW YORK

— A carriage horse was flogged by its driver after collapsing on a Manhattan street.

— Adams rolled out a plan to tackle youth homelessness.

— The City Council LGBT Caucus will introduce legislation to strengthen the city's response to monkeypox.

— Manhattan politicians called on the MTA to build a long-delayed 7 train station at 10th Avenue and 41st Street.

— An NYPD officer who pulled his gun on a group of Black Lives Matter protesters who asked him to wear a mask has settled a lawsuit brought against him.

— Some experts believe the effects of New York's invasion by lanternflies will not be as bad as originally feared.

— Longtime Schenectady champion George Pataki toured the Electric City .

— Buffalo's ethics board hasn't met since before the pandemic apparently because it can't figure out how to Zoom.

— Hopes for upstate New York becoming an epicenter of semiconductor manufacturing for the country are sky high.

— Asian American advocates are pushing for changes to a City Council redistricting plan.

— New York's 'open streets' have shrunk by more than 60 miles , a New York Times analysis found.

— Thriving tiny oysters are a good sign for the Hudson River.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: NYT's Charles Blow, David Brooks and Lyndsey Layton … CNN's Rachel Smolkin … Vice's Liz Landers … former USTR Charlene BarshefskyYelena Shuster Waffa Munayyer Tara Ayres Ilana Drimmer Mitra Kalita 

WEEKEND WEDDING — Allana Clarke, an artist and professor, on Friday married Timothy Corson, who works in finance. The couple met on Bumble in October 2017. Pic

Real Estate

" Real Estate Pours $150K Into Pro-Crowley State Senate PAC ," by THE CITY's George Joseph: "Elizabeth Crowley, a Democrat running for state Senate in a district that runs from Astoria to Williamsburg, has pledged not to take any money from big real estate developers. But on Monday, NYC Forward, an independent expenditure committee running ads to support Crowley, a centrist Democrat, received $150,000 from real estate interests, campaign finance records show. That committee was founded this month by District Council 9, the painters' union that's counted Crowley as a member — and took the spotlight in initial news coverage of the group. But state campaign finance records show the majority of contributions to the committee so far have come from developer interests."

" NY Judge Kills Hudson Yards Racial Discrimination Suit ," by Law 360's Emma Whitford: "A New York federal judge on Wednesday tossed Fair Housing Act claims against the developers of a tower in Manhattan's Hudson Yards neighborhood, saying that allegations of racial discrimination, including a separate address and entrance for low-income residents, were insufficient. U.S. District Judge Valerie E. Caproni dismissed the 2021 suit brought by three prospective tenants, who are Black, finding that they failed to present a 'similarly situated' group as a point of comparison for the court."

 

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