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POLITICO New York Playbook: Bail reform battle lines

Presented by Compassion & Choices: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Jan 13, 2022 View in browser
 
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By Erin Durkin, Anna Gronewold and Deanna Garcia

Presented by Compassion & Choices

By now, almost everyone knows where they stand:

— Democrats say the law they passed in 2019 to ban cash bail for most nonviolent crimes prevents thousands of incarcerated individuals from unnecessary lock-ups because of their race or ability to afford bail. Republicans say the changes are a "Get Out of Jail Free card" for criminals who will go on to commit heinous acts, which only adds to New Yorkers' increasing anxiety about rising crime.

— Democrats point to new state data showing that only about 2 percent of 100,000 cases relating to the changed law led to a rearrest on a violent felony while the individual's case was in flux. Republicans say that's still hundreds of crimes — and victims — that could have been prevented. The rollout of the data, which was revised Monday from higher numbers, also suggests the state's system for tracking the law isn't reliable, they charge.

Around we go.

Leaders of the Democratic supermajorities in the Senate and Assembly both say "no thanks" to changing the law they already tweaked once in 2020. "There is no desire at this point to make any changes," Senate Majority Leader Andrea Stewart-Cousins told reporters last week. "The speaker continues to be frustrated by the misinformation campaign that is being waged around bail reform," said Michael Whyland, spokesperson for Speaker Carl Heastie.

But none of that will make it go away. Indeed bail reform laws are again building up to be a major talking point in Albany as the governor, members of the Legislature, and U.S. House gear up for elections and Republicans look to pin the public's safety concerns on their opponents. They're also hearing from some moderate Democrats, such as New York City Mayor Eric Adams, who want Albany to give judges discretion in determining the "dangerousness" of an individual when deciding whether to release or detain them.

(The last time the Senate considered adding a dangerousness provision, in 2020, members of the Assembly called it "a Jim Crow-style rollback" and mourned Stewart-Cousins "departure from the family.")

So what's different this time? We don't know yet, but it's worth watching: How will Democrats show they care about crime and public safety without giving a little on bail reform?

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? Speaking at the Milken Institute's 2022 public finance forum.

WHERE'S ERIC? In New York City with no public events scheduled.

 

A message from Compassion & Choices:

1 in 5 people in the US now have compassionate end-of-life care options, including our neighbors in NJ and VT. New Yorkers like Dr. Robert Milch, co-founder of Hospice Buffalo, spent years advocating for New York's Medical Aid in Dying Act only to suffer at the end of his life. Today, lawmakers have the power to stop needless suffering for their constituents. Learn more and pass Medical Aid in Dying.

 


WHAT CITY HALL'S READING

"Mayor Adams Moved to Set Up Brother With Job Before Approval, Sources Say," by NBC 4's Melissa Russo and Jonathan Dienst: "Mayor Eric Adams may have already violated New York City ethics law by asking the NYPD to hire his brother Bernard before obtaining permission from the City's Conflicts of Interest Board, according to interviews with local ethics experts. 'No city official can take an action to hire a brother or sister, without the prior approval of the Conflicts of Interest Board. That approval has to come first,' said Mark Davies, who served as the executive director of the COIB for 22 years. The process to hire Adams' brother Bernard was initiated just before Christmas to make him a deputy commissioner of the NYPD, earning approximately $240,000 a year, according to sources familiar with the request."

— Adams raised almost $2 million for his postponed inauguration and has until the end of April to spend the money or give it back.

Lander blasts Adams' push for $19B increase in debt limit, by POLITICO's Erin Durkin: City Comptroller Brad Lander is fighting a request by Mayor Eric Adams to up the city's debt limit by $19 billion, in the first public clash between the two top politicians. Lander announced Wednesday he would oppose state legislation requested by the Mayor's Office of Management and Budget, which would increase the city's borrowing capacity by $19 billion — more than double the current allowed amount of $13.5 billion allowed through the Transitional Finance Authority, according to the comptroller's office.

" Eric Adams Faces Second Council Defeat in Fight Over Investigations Post," by The City's Yoav Gonen and Rachel Holliday Smith : "Mayor Eric Adams is facing a potential second loss in his administration's bid to wield power within the City Council — this time in a battle over appointing the chair of the oversight and investigations committee. Naming its new leader for the influential committee — which has subpoena power — was a top ask from Adams' team after the mayor's top choice for Council speaker agreed to cede that race to winner Adrienne Adams (D-Queens), multiple sources said…The mayor's negotiators, led by Chief of Staff Frank Carone, have pushed for new Manhattan Councilmember Julie Menin to helm the investigations committee, multiple sources said. But the sources said that returning Manhattan Councilmember Gale Brewer, who has a reputation as a by-the-books official with strong independence, is likely to be named chair after dropping her own candidacy for speaker to back Adrienne Adams."

"Google Docs And Breathing Exercises: A Look At The 'Eric Adams System' Of Management," by Gothamist's Elizabeth Kim: "The new mayor used the anecdote to explain his management approach, one that builds on his campaign image as a man of the people, emphasizes emotional intelligence and empowers top advisers to make decisions. Adams's first days in office were marked with high-profile appearances and compounding crises, including managing the response to the omicron surge, the reopening of city schools and the city's deadliest fire in decades. But just two weeks in, the new mayor is still just getting his sea legs at the helm of a vast bureaucracy. As Brooklyn borough president, Adams oversaw a staff of roughly 60 people. As mayor, he is executive-in-chief in charge of around 400,000 municipal employees."

"A Look Inside Rikers: 'Fight Night' and Gang Rule, Captured on Video," by The New York Times' Jan Ransom: "The men had gotten along on Rikers Island, had even been friendly, but now they were face to face inside a jail cell — and a gang leader had just ordered them to fight. Unable to refuse him, the men began to pummel one another while, outside the cell, other detainees jostled and cheered. When it was over, the winner got a cigarette, according to court records and interviews. Standing nearby, a correction officer watched without intervening. Neither the fights nor the injuries were recorded in any official report."

 

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we've got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don't miss out on this influential global community. Subscribe now.

 
 


WHAT ALBANY'S READING

"Cuomo attorney sends evidence preservation request to ethics panel," by Spectrum's Nick Reisman: "An attorney for former Gov. Andrew Cuomo on Wednesday sent an evidence preservation request to the state's main ethics board, a move that is a potential precursor to filing a lawsuit to challenge the watchdog's effort to have him return millions of dollars from a book contract. The evidence preservation memorandum from Cuomo attorney Jim McGuire is the latest step in the controversy surrounding the former governor's memoir about the pandemic, 'American Crisis.' ... McGuire in the letter to the commission charged politics and bias was at play when members of the panel voted to claw back the money. 'JCOPE's actions support, at the very least, the reasonable conclusion that it has acted for improper political reasons,' McGuire wrote in the memo."

"New York's Highest Court Gets New Judge," by New York Now's Dan Clark: "New York's highest state court has a new judge; Shirley Troutman, previously an appellate justice from Western New York, was confirmed to the Court of Appeals on Wednesday by the State Senate in Albany. Troutman is the second Black woman to serve on the high court, which frequently makes decisions that strike down, or change, state law and regulations that affect millions of people. She's also Gov. Kathy Hochul's first nomination to the court, which is comprised of seven jurists. Troutman will replace the outgoing Associate Judge Eugene Fahey, who had to leave his post after reaching the mandatory retirement age of 70 last year."

"State panel recommends reforms to key Family Court role," Times Union's Chris Bragg: "A state panel formed to examine the role of a controversial actor in the Family Court system issued a final report on Tuesday, unanimously agreeing on certain reforms while splitting on whether to eliminate the role altogether. The Blue-Ribbon Commission on Forensic Custody Evaluations issued 11 recommendations, but they are advisory and not binding for Gov. Kathy Hochul, who inherited the panel after its initial creation last June by former Gov. Andrew M. Cuomo's administration. The panel – made up of former judges, academics, domestic violence advocates, psychologists, parents and others – voted 11-to-9 in favor of eliminating mental health professionals, known as forensic evaluators, from the Family Court system altogether.

"State Republican convention to be held at Garden City Hotel," by Newsday's Scott Eidler

ANALYSIS: "Since downstate is the epicenter of omicron, why are upstate hospitals feeling the crunch? " by Empire Center's Bill Hammond: "A puzzling pattern has emerged from New York's latest wave of the pandemic: Downstate hospitals are dealing with the lion's share of COVID patients, but upstate hospitals are the ones running out of beds. The paradox was highlighted on Tuesday when Governor Hochul ordered a halt to elective procedures in the Finger Lakes, Central New York and the Mohawk Valley, where the recent omicron surge has been relatively mild so far, because hospitals in those regions had collectively exceeded 90 percent of their capacity. Meanwhile, hospitals in the areas hit hardest by omicron – New York City and its surrounding suburbs – are reporting occupancy rates low enough to remain fully operational under Hochul's policy (see first chart). The contrast raises questions about the usefulness and accuracy of the metrics the state is using to track the pandemic in hospitals."

#UpstateAmerica: Boxing is back at Turning Stone Casino in Verona.

 

A message from Compassion & Choices:

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FROM THE DELEGATION

"Feds Send MTA $6 Billion To Keep 'Secret Sauce' Flowing," by WNYC's Stephen Nessen: "The MTA received its final payment of federal relief aid from Washington Wednesday — a check for $6 billion, which Senate Majority Leader Chuck Schumer, who helped secure the funds, said was 'the largest federal grant in transit history ever.' 'The subway system, in short, has been saved from its once COVID-catalyzed brink of death and has now been given new life, despite omicron, because the money will be there for the subway,' Schumer said. The money is part of more than $16 billion the MTA received from several federal COVID relief aid packages, and the agency is counting on it to balance its budget over the next four years."

TRUMP'S NEW YORK

REVIEW: "Trump's new Manhattan bar: serving rip-off drinks and a side of narcissism," by The Guardian's Adam Gabbatt: "If you are a man who has failed in an attempt to launch a vodka brand, done the same with a line of steaks, and bankrupted several casinos and hotels, leaning further into the hospitality business might not seem the savviest move. But that's exactly what Donald Trump, never one to listen to his haters, or to his advisers, has done, in opening a new bar in his eponymous midtown Manhattan tower. The bar, named 45 Wine and Whiskey, in a nod to Trump having served as the 45th president, promises handcrafted cocktails in 'the most exclusive setting.'"

"Trump says Rep. Elise Stefanik could be president in 2028 at Palm Beach fundraiser," by New York Post's Bernadette Hogan and Jesse O'Neill: "Former President Donald Trump heaped praise onto Rep. Elise Stefanik during a fundraiser in Florida Tuesday evening, saying the House GOP Conference boss could be commander-in-chief in 2028. Trump helped raise $3.2 million for the New York Republican, his political action committee and other GOP candidates on Capitol Hill with the event at his Mar-a-Lago resort in Palm Beach. 'I want to congratulate Elise on her success. Man is she moving fast. That means at this rate she'll be President in about 6 years,' Trump said of the 37-year-old chair of the House Republican Conference."

 

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.

 
 


AROUND NEW YORK

— New York City is scaling back investigations of Covid-19 cases in school classrooms.

— A lot of New York City's highway signs still have Bill de Blasio's name on them as mayor.

— A Manhattan judge denied a request by Prince Andrew to dismiss a lawsuit by a woman who says he raped her when she was a teenager.

— The city is changing admissions guidelines to make it easier for siblings to attend the same middle school.

— Rapper Chucky73 was arrested for a November stunt that shut down the Kosciuszko Bridge.

— The state DMV will expand its availability of road tests for those who are seeking commercial driver licenses in order to address a shortage of truck and bus drivers.

— The richest man in Los Angeles took over a state-funded biopharmaceutical facility in Dunkirk.

— New Nassau County Executive Bruce Blakeman has kept two-thirds of predecessor Laura Curran's political appointees in his administration.

— State health officials issued awaited guidance detailing how nursing homes must implement new testing and mask requirements for visitors.

— Two drivers were carjacked in separate incidents within less than an hour in Manhattan on Wednesday.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Nate Silver … Andrew Yang … Rod Rosenstein of King & Spalding … Tim Noah … Marc Thiessen … Julia Tishman … Rebecca Cathcart … Fox News' Christina Robbins … Jason Chung ... Max Sanders ... Ian Chung ... Barry D. Stein ... Ryan Murphy of the Marshall Project … Maria Gavrilovic

WHAT WALL STREET IS READING — "David McCormick, Hedge Fund Chief, Joins Pennsylvania G.O.P. Senate Fray," by NYT's Kate Kelly and Trip Gabriel: "A former Treasury official, Mr. McCormick has drawn comparisons to Glenn Youngkin, the financier recently elected governor of Virginia."

MEDIAWATCH — "Olivia Nuzzi Developing Pitch-Black Satirical DC Drama At AMC," by Deadline's Peter White: "Olivia Nuzzi, the Washington correspondent for New York magazine who wrote some of the wildest stories about President Donald Trump during his four years in office, is turning her attention to television. … She has teamed up with Killing Eve exec producer Gina Mingacci on the project, A Message From the State. Although the logline is under wraps, Deadline understands it follows a young reporter in DC who defects from the mainstream media."

— Jeff Stone (@jeffstone500): "Quick thing: I'm wrapping up my time @CyberScoopNews after a terrific 3+ years of working with one of the best crews around. I'm *psyched* to say I'm starting next week @business, helping edit a team of investigative journalists that's been doing some fascinating work lately."

 

A message from Compassion & Choices:

Dr. Robert Milch, an internationally acclaimed surgeon and co-founder of Hospice Buffalo, spent years advocating for the passage of New York's Medical Aid in Dying Act on behalf of his patients. As a pioneer in hospice and palliative care, Dr. Milch knew that, despite symptom management, many of his patients would reach an intolerable point of suffering. That's why he supported medical aid in dying. When Dr. Milch was diagnosed with terminal cancer, the issue became personal. Even in his final days, Dr. Milch continued to implore New York lawmakers to allow terminally ill New Yorkers like himself the option to find peace at the end of life. Yet, like so many of his patients, he suffered needlessly in the end. Dr. Robert Milch died on June 4, 2021. It's time our lawmakers stop needless suffering and pass the Medical Aid in Dying Act.

 


REAL ESTATE

"Landlords of Bronx Building Were Buying Up Affordable Housing in New York," by The New York Times' Amy Julia Harris and Matthew Haag: "The three companies that own the 19-story apartment building in the Bronx where a smoky blaze killed 17 people on Sunday have all been aggressively acquiring apartment complexes with many lower-income tenants who used rental vouchers. The three companies — LIHC Investment Group, Belveron Partners and Camber Property Group — purchased the building, Twin Parks North West, along with seven other affordable-housing buildings in the Bronx in 2019 for $166 million. LIHC and Belveron own buildings in New York and elsewhere, and control a combined 80 percent of the Bronx building, but it was Camber that was responsible for day-to-day operations."

— "At 'Touray Tower,' the Broken Heart of New York's Gambian Community," by The New York Times' Kimiko de Freytas-Tamura

 

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