Monday, January 23, 2017

Piling on

I almost feel bad writing this blog entry.

Poor Martin Levine got bitch slapped by a federal Judge.  That has to smart.

What am I talking about?  The Federal courts decision to abstain from ruling on Andy Celli's lawsuit claiming the JCOPE opinion on grassroots lobbying (that Martin wrote) violated the First Amendment.  Now regular readers know how much I enjoy saying I told you so but this time it's especially pleasurable because both sides, JCOPE and Andy Celli had their heads up their asses and I told them so at the time.;postID=6904127879962274436;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=10;src=postname

Here is the article Bill Mahoney wrote at the time

Pay careful attention to the last paragraph    "Celli said. “The good news is that we have federal courts and judges who determine these things, and I’ll let the court determine the case. I’m not going to respond to David Grandeau.”

Hey Andy the federal courts have decided I'm not the only one that thinks you just wasted a good bit of your clients money chasing a lawsuit that just wasn't ripe.   LOLOLOLOLOLOLOL

And Martin don't kid yourself that JCOPE won anything here read what the Judge said about your legal acumen and writing skills:

This is my favorite part:

First, the Advisory Opinion is an unclear state regulation that is subject to multiple,

contradictory interpretations. The Advisory Opinion states that a grassroots communication by a

consultant constitutes lobbying where it (1) “[r]eferences, suggests or otherwise implicates an

activity covered by [the Act],” (2) “[t]akes a clear position on the issue in question” and (3) “[i]s

an attempt to influence a public official through a call to action, i.e., solicits or exhorts the public

. . . to contact (a) public official(s).” Adv. Op. at 2.

However, the Advisory Opinion does not define what it means to “reference, suggest or

otherwise implicate lobbying activity.” Depending on the definition of that phrase, the number

and types of activities covered by the Advisory Opinion could be dramatically different. While

the Act defines lobbying as an attempt to influence the “passage or defeat” of legislation, among

other similar acts, N.Y. Legis. Law § 1-c(c ), “referenc[ing], suggest[ing] or otherwise

implicat[ing] lobbying activity” could mean something much broader. If a consultant helped

organize a campaign to inform legislators of their constituent’s views on an issue that is not the

subject of pending legislation, but which later could be, the Advisory Opinion might cover that

activity as suggesting or implicating lobbying activity, while the Act’s definition of lobbying

would not cover it.

The Advisory Opinion is also internally inconsistent. Its conclusion section states that a

call to action is necessary for a grassroots communication to fall under the Act, and defines a call

to action as soliciting or exhorting the public to contact public officials. Adv. Op. at 4. In

contrast, both the Advisory Opinion’s discussion section and the Grassroots Lobbying FAQ

imply that a consultant could be subject to the Act even if the relevant communication does not


include a call to action. According to the Advisory Opinion, consultants who both deliver a

message and control its content are engaging in grassroots lobbying. The discussion section and

Grassroots Lobbying FAQ both provide examples of delivering a message that do not include a

call to action. The discussion section notes that a consultant who “speaks to a group to advance

[a] client’s lobbying message” is delivering a message. Id. at 8. The Grassroots Lobbying FAQ

states that, where a consultant appears on television to support a client’s position on a

government action, that consultant is also delivering a message. Grassroots Lobbying FAQ at 1-

2. Because the Advisory Opinion states that a consultant has engaged in lobbying when the

consultant delivers a message and controls its content, it is possible to read the Advisory Opinion

as both expressly requiring and not requiring a call to action as part of the test for determining

whether an activity constitutes reportable lobbying.

In addition, the Advisory Opinion is ambiguous in light of the August 2016 amendment to

the Act. That amendment exempts press communications from reportable lobbying where a

putative lobbyist is speaking to a professional journalist about news. N.Y. Legis. Law § 1-

c(c)(B)(ii). Prior to the amendment, the Advisory Opinion included as reportable lobbying

urging a newspaper to publish an editorial that included a call to action. Following the

amendment, it is unclear whether an editorial that includes both a discussion of news and a call

to action is within the definition of lobbying, or whether communications with the press must be

solely related to current events with no additional agenda to be exempt. These ambiguities create

issues of first impression that are best resolved by a state court.
Hey Martin how many different ways can the Judge tell you that you suck at your job? LOLOLOLOLOL

I told Agata a year ago not to waste the taxpayers money on this opinion and Andy's litigation.  Mercury, Heller and Berlin Rosen have not registered STOP TALKING ABOUT IT AND BRING A CASE TO ENFORCE YOUR SHITTY OPINION.  Then Andy Celli would at least have a real case to litigate and bill his clients a second time for the work he should have waited to do to begin with.
And remember Martin is the same JCOPE counsel writing the new lobby regulations that JCOPE lacks statutory authority to issue.  I've got that Article 78 drawn up already I'm just going to wait until it's timely to file.  Unlike Andy Celli I'm not a premature litigator.

Thursday, December 15, 2016

The Times Union Trump and hypocrisy

The Capital Regions paper of record has an editorial today suggesting that the electoral collage reject the results of the election and pick anyone other than Trump  you can read it here:

Now compare that editorial gem with the one they wrote in October when they were horrified that Trump refused to state that he would accept the election results   you can read that here

Funny how winning or losing changes ones perspective on accepting election results.

But now let me pivot and congratulate the deep thinkers on the TU editorial board.  I have been advocating for a long time that one man one vote doesn't work.  I prefer proportional voting based on the amount of income tax you pay, of course I'm a rich white male so that may cloud my judgement. This last election and primary season proved my point.  The average voter is unfortunately lacking in judgement, insight and knowledge, unfit to decide who should be president and better suited to watching reality tv and wrestling matches.  Would you give the responsibility to make decisions for your loved ones safety, health and welfare to the type of folks you see at Trump rallies or Clinton rallies or Bernie get togethers?  Now the TU provides an alternative to one man one vote, let the members of the electoral collage decide free of restriction.  And who are these electors?  Go google their identities it sure isn't one man one vote types.  It's the ruling political elite.  Not quite my proportional voting idea but a lot closer to it than one man one vote.

And before anyone comments on my perceived support of Trump.  Remember while I did work for him bringing a complaint against Schneiderman for fundraising from the subject of an investigation, I also fined Trump $250000 for being an unregistered lobbyist.  This isn't about Trump it's about hypocrisy.

So while the TU is laughingly hypocritical they are at least proposing ideas to get away from the real cause of our political dysfunction.  One man one vote just doesn't work.

And you wonder why the media can't seem to have an effect on Albany corruption

Tuesday, December 13, 2016

Back by popular demand





Twas the night before Christmas, in JJOKE’s Broadway hideout
no chairman was appointed since Horwitz had been tossed out

The commissioners were nestled teleconferencing on the tube
proving their incompetence and acting just like a boob

The hearings had been held the press releases sent,
Rozin was acting, the chair he did rent.

Weismann and Jacobs were nervous they were losing their hair
Their appointing authorities were convicted they might get the chair

Dan Horwitz had run off like a thief in the night,
he knew like every chairman before, what he did just wasn't right.

When out in the media there was a growing emotion
that JJOKE was corrupt it was more than a notion.

Percocco was indicted by Preet who would not be thwarted
his real target was a Governor whose affairs were documented and quite sordid

JJOKE never looked at Percocco’s outside employment
 Agata had told him don’t worry grab the cash so you can pay your rent

But now the media was asking why JJOKE gave Percocco a pass
Agata’s lies and excuses smelled like so much ass gas

What would they do the minions of Cuomo,
He called them by name all except Pee Pee Chang Decastro

On McClueless, On Martin and the lawyers all should
Come here Lori, Maria and the rest of the dead wood.

Come to my office we have to plan our attack
We need to get Grandeau off of our back.

With their heads filled with nothing cause they're dopes one and all
Jeannine and Deb said not us we are taking a long lunch at the mall

With his blog and public questions he has shown all our flaws
every mistep every coverup from Herb to the new regulations for the lobby laws

Our recent investigations into lobbyists and imputed gifts are pure bullshit
brought on orders from on high which we follow because we’re nitwits

At the end of the day not a single case will we make
all we will do is send letters telling targets they have been warned the whole process is so fake

Except DiBlasio and the Campaign for One New York
Once we identify all it’s donors Bill D we shall pork


It’s amazing to watch how much effort we spend
On the DiBlasio case every rule we will bend


But when it comes to Percocco,  Kalyeros and the rest
Agata decides he's not up to the test


The feds have a wire in a bar on Dove Street
Yet Agata ignores all 2nd floor corruption that falls at his feet


Agata will chase dead senators families job offers
But totally ignores who fills Cuomo’s daughters summer coffers


How can hiring the grown child of a senator be wrong
When Evan Stavisky uses his mom in every pitch song


The JJOKE elves have been shown to want to defund the not for profits
Why is Martin still working after all his fascist bullshit


Am I the only one that thought he looked like a mini-me
On Agata’s shoulder he perched at the hearing for all to see


As Agata did his best Al Franken impersonation
Seymor Knox left no doubt he is an ethics abomination


For 4 years he has been on JCOPE
And the first time he speaks he sounds like a complete dope


Renee Roth waits 3 years to declare
She had no idea what lobbyists file, what a waste of a commission chair


Dawn Smalls did her part to protect her law firm
What will she do when they have to register before the end of her term


McLaughlin is new he sat on the dais mute as a choate
Back home he is known as a reliable dull vote

The fact that his wife works for the senate is another conflict turn the page
Between him, Agata and Renzi there is plenty of spousal leverage


Those lobby regulations that they are touting
Will never be passed lobbyists are shouting


An Article 78 will be brought to shit can the whole mess
The Lobby statute only authorizes opinions not regs how did Martin ever pass his bar test


Grandeau continues to harass every JJOKER except LT
What did she do to keep him from cutting her off at the knee


There is a rumor about that all that it took
Was her batting her eyes and giving him a quick look


Not at her package that would be far too crass
She just kept him in the loop so he didn’t take a bite out of her ass


Now Agata is a completely different type
His actions don’t square with all his good guy hype


He’s shown he is a bullshitter
Put there only to protect the gov’s flanks and hind quarter

The sooner Agata quits
We can stop seeing Grandeau throw his blog fits

No matter what actions the Joke takes
Grandeau keeps thriving on NY’s ethics mistakes

As he drives past our building in a new car or sleigh
that’s been paid for from business that we’ve sent his way

We’ve made it easy for him to represent new clients
as we sit up here like a bunch of spoiled tyrants

I heard him exclaim as he beeped and drove off on his way to go dine
Merry Christmas to my JCOPE informants to the rest of you its time to resign

Thursday, November 24, 2016

Twinkie leaks 20 Have you read Bruno's new book?

I always take a few minutes on Thanksgiving to reflect on the past and try to avoid thinking about the future.  I started doing this in 2006 when it seemed to me every swinging dick Albany politician with juice wanted to fire me at the Lobby Commission and insure I never worked again (and really who could blame them - and yes I may have been paranoid and a narcissist but this is Albany and who could blame me).  As I sit down and reflect this year on the past, several thoughts come to mind.  To the three men who abolished the Lobby Commission - Fuck you bitches!!! Spitzer is sitting in his ivory castle secure in the knowledge that he is a whore fucker with no future in government and a reputation that has been sullied forever, a running punch line to a bad joke.  Shelly (whom I liked, I always thought abolishing the lobby commission was just business for him and not personal) is home counting the days until he either reports to prison or has to endure another trial and the cost thereof either way his future is bleak.  And my former patron, the man that did the most to form the political cynic, gadfly and muckracker that writes this blog, Joe Bruno, has had to write a book to try to redeem his reputation after two trials, one conviction and by his own account many many sleepless nights.  Revenge is a dish best supped when cold - Joe Bruno taught me that.  That and many other lessons about politics and people.  Thanks Joe I wouldn't be the person I am today without you.  As for the rest of the ruling class in Albany just ask yourself is Albany a cleaner more ethical capital since 2006?  They have all provided me reams and reams of notes to use in my blogs, enough that I could write a novel . . . wait I already did that.   And I want to thank all the inept, corrupt politicians and bureaucrats  that have made the blog so popular.  November 2016 has seen the highest number of views in the history of the blog, 8703 and counting.  I guess you like the hacked email series.  So here is another that you can read when you get back to work on Monday (although I admit I'm amazed how many of you read the blog nights and weekends).

From: Governors office department (GOD) 
  To: all department heads

Subject: Bruno's book
Date: November 24, 2016 8:59 AM

As of this moment Joe's book is number 43849 on Amazon.  I don't want any of you or your employees to buy a copy.  But you are directed to continue buying my book.  Give them as Christmas presents.  If his book sales exceed mine he will think he can be governor or president or pope.   There is only room for one italian egomaniac politician author in Albany and I'll be damned if it's going to be Joe Bruno.   I want all of you to scour the book for lies, half truths and unprosecuted crimes.  Remember three strikes and Joe is out.  Pay attention to chapter 26 I always thought something fishy was going on with the US Attorneys office and Pat Barrett.  The rumor was a deal had been made to look the other way and that was why Joe was so pissed when he got indicted.   Pay attention to the passage where Kay Stafford gets a heads up from Andy Baxter (the acting AUSA) that Joe will be indicted.  Why was the US Attorneys office providing Kay Stafford that info?  I've been around long enough to know a lay down gone wrong when I see it.  Also figure out why Joe would go talk to the feds about rumors that he was being investigated.  He obviously wasn't worried, did someone at the USA's office pass a message to Joe's friends that he had nothing to worry about?  Someone should FOIL the case file and see if there are any FD-302 reports talking about the actions of the US Attorney's office.


  To:Governors office department (GOD), all department heads

Subject: Bruno's book
Date: November 24, 2016 8:59 AM

I just checked, your book is at 982473 on the Amazon list so you have nothing to worry about.  You are farther ahead of Joe than Trump is over Clinton.  I don't think Bruno could ever catch up.  Do you think I should write a book?  Maybe include stories of my role in the Percocco scandal along with a how to section on the application of the lobby act?  I can have JJOKE pay for it if I call it a handbook for lobbyists.  Will you write the foreword?   And if we can't buy Bruno's book how are we suppose to scour it for crimes?


From: Governors office department (GOD) 
  To: all department heads

Subject: Bruno's book
Date: November 24, 2016 8:59 AM
Someone remind me why Agata still has a job.  And anyone that needs to read Bruno's book I heard there is one copy making the rounds in Albany  Read that one or go to the book store and read it there JUST DO NOT BUY IT.  If you can wait you can go to the JJOKE meeting Tuesday and steal the one Martin Levine is using as a booster seat.

Tuesday, November 22, 2016

Twinkieleaks 19 Martin Levine is pissing the governor off

Small problem for Martin the latest hacked email shows he is trying to reach beyond his position

From: Governors office department (GOD) 
  To:  FireAgata,Seth (JCOPE)" 
Subject: Martine Levine
Date: November 21, 2016 8:59 AM
Agata if you don't straighten that little piss ant Levine out I'm going to fire you and your wife and you will both be working at Tax for Barry Ginsberg.  I'm told by my lobbyist friends and donors that Marty Smurf is saying in writing that the requirement to list third parties on lobby forms is a "fact" and they now have to amend their forms to list me, if their lobbying had a political benefit for my public positions.  It's only one small step until that diminutive d-bag decides to treat my lobbyist friends like you are treating DiBlasio's lobbyist friends and claim that their lobbying is really an imputed gift to me.  Doesn't tiny dancer have better things to do than harass lobbyists over imagined and made up bull shit requirements?  I understand that Levine's vertical challenges has made him into an ethical bully but the limit of his intellect is glaring when compared to LT's soaring knowledge especially when Agata's little helper states that "It is well settled that the construction given statues and regulations by the agency responsible for their administration, if not irrational or unreasonable, should be upheld"  Doesn't that pea brain understand you need the Agency to actually have a construction of a statue or regulation?  I've looked, I've had Alphonso look, I've had Steve Cohen look hell even Monica Stamm looked THERE IS NO MENTION OF A REQUIREMENT TO LIST THIRD PARTIES ANYWHERE in the statute, in your rules, your regulations, your opinions and/or your guidelines.  Where did the little hand find this requirement?  Is he just making it up?  If he is just making it up is he smart enough to realize putting it on your forms is purely voluntary?  And that small as it is he will end up stepping on his own dick if he tries to enforce it.  I think Martin Miniscule's position is both irrational and unreasonable if the commission has never authorized it, don't you?  It reminds me of your stated position about Percocco's failure to file his financial disclosure report.  Relying on the past to support your mistake is a short sighted solution to a much bigger problem.
From:   FireAgata,Seth (JCOPE)" 
  To: Governors office department (GOD)
Subject: Martine Levine
Date: November 21, 2016 8:59 AM
I've looked at our lobby material for the first time and I can't find anything about third parties but Levine has assured me it originally was Grandeau's idea so it's not our fault.  Do you want the commissioners to send a letter to the regulated community retroactively making it a rule or an opinion or some other minor requirement?

From: Governors office department (GOD) 
  To:  FireAgata,Seth (JCOPE)" 
Subject: Martine Levine
Date: November 21, 2016 8:59 AM

My GOD you are dense.  Don't make this a big deal, don't blow it out of proportion.  Just put Martin in his booster seat and give him some infant toys to play with and hope the lobbyist's that are friends of mine don't revolt.

Monday, November 21, 2016

Twinkie leaks 18 who's more greedy Klein or Felder?

The latest hacked email posits a real philosophical question  If a public official violates the Public Officers Law but they are a Cuomo ally did it really happen?

From: Pee Pee(JJOKE investigations)
  To:  FireAgata,Seth (JCOPE)" 
Subject: Felder comments
Date: November 20, 2016 7:59 AM
I was reading news coverage of Simcha Felder's decision to stay with the Republican majority and wondered if our great and powerful governor would like us to convince Simcha to caucus with the Senate Democrats.  If our real ethics reform governor would like Simcha to switch sides again we could open an investigation into what he ment when he said the dems did not sweeten their offer enough to make him switch.  Sure sounds like he's looking to leverage his official position to secure personal benefits, you know like bribes.   Even Jeff Klein knows enough to be discrete about that stuff.
Anyway if you grow a set or get the call from the Chair to go after Simcha let me know.  Until then I'll just keep working the DiBlasio case.
Pee Pee

From:  FireAgata,Seth (JCOPE)" 
  To:  Pee Pee(JJOKE investigations)
Subject: Felder comments
Date: November 20, 2016 7:59 AM
Let me check with the 2nd floor I'm not sure the far left governor was being honest about his intentions to help the senate dems.  In the mean time work up something on Klein and Heastie I think we may need to open lots of files in 2017 just to survive.
Seth "find me a job please" Agata

Friday, November 18, 2016

Twinkie leaks 17 Someone find Martin a job

Based on this hacked email we now know what Agata really thinks of Martin Levine

From: " FireAgata,Seth (JCOPE)" 
  To: MartinLevine(JJOKE)
Subject: Lobby regulations and your resume
Date: November 17, 2016 7:59 AM

I'd like to schedule a meeting with you and your top staff to help me understand the way you are enforcing the Lobby Act.  I've heard from my friends on the 2nd floor that we might have overstepped on those draft regulations and they have additional concerns (I'm sure raised by that fat bastard Grandeau) that we are making up requirements for lobby filings that do not exist in the law.  They specifically mentioned 3rd party beneficiaries, I guess they are worried that the big guy should have been listed as a 3rd party beneficiary on anyone who was lobbying for the raise in minimum wage.  And they want to know why certain registrations haven't been processed and made available online.  Something about that whoa Cuomo campaign at the track.

Also I have your resume and I know you want to leave but get in line.  And it's not like you know anybody in this town.  I'll be sure to put a good word in for you after I get out of here myself.


From: "MartinLevine(JJOKE)
  To:  FireAgata,Seth (JCOPE)" 
Subject: Lobby regulations and your resume
Date: November 17, 2016 7:59 AM
Don't worry about that 3rd party stuff we don't have the authority in statute to require the listing of 3rd parties so no one can make us apply it to the governor's friends who lobby to benefit the governors political positions.  As to the whoa Cuomo folks they registered and included a start date in their registration but they didn't put a start date in their authorization so my people following my orders to a tee will not process it until they do as we want and add a start date in the authorization letter.  If you guys won't help me find another job I'm just going to make everyone who works for me miserable until I quit and take a job in the mall as Santa's elf.
From: " FireAgata,Seth (JCOPE)" 
  To: MartinLevine(JJOKE)
Subject: Lobby regulations and your resume
Date: November 17, 2016 7:59 AM


Of course I know you won't go after the governors friends on 3rd parties but if we don't have the legal authority to require it we might look bad when the media writes about it.  I read the statute for the first time today and I don't see anything at all about listing 3rd party beneficiaries nor even a requirement to include start dates in the registrations themselves.  I know you think we are JJOKE we can do whatever we want but when you combine how mad the regulated community is getting about our piccyune approach to dotting i's and crossing t's with the fact we don't have the authority in statute to require this stuff, you are creating a pr nightmare for Walt McClueless.   I also noticed that our enabling legislation does not give us the power to issue regulations on the Lobby Act.  We have to use opinions, you said so yourself in Opinion 16-1.  If that's the case you miserable smurf we are exposed to an Article 78 writ of prohibition if we ever try to go thru the SAPA process on your lobby regulations.   You are killing me Martin smarten up.