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POLITICO New York Playbook, presented by Oswego County IDA: SILVER's trial closing -- MARCIA KRAMER profile -- NY subway's missing countdown clocks

11/23/2015 07:20 AM EDT

By Azi Paybarah in Manhattan, Jimmy Vielkind in Albany, and Mike Allen in D.C., with Daniel Lippman

THE END OF SILVER'S TRIAL - POLITICO New York's Colby Hamilton: If nothing else, the three week trial against Sheldon Silver succeeded in showing just how much the former Assembly speaker was not telling people. The public was told one of the state's three most powerful political figures spent "several hours" each week helping "little people" through his outside legal work as a personal injury lawyer, that he didn't represent corporations or anyone with business before the state. Little of that was true. But as US District Court Judge Valerie Caproni noted throughout the trial, this is a case built almost entirely on circumstantial evidence.

With both sides expected to rest today, the role of just what the jury will be charged with by Caproni looms large, as a number of pivotal issues could impact the threshold for conviction. One of the central issues is whether or not both sides of the alleged bribe or kickback scheme at the heart of the case had to be aware of what was going on-a "meeting of the minds" as one defense lawyer put it. ... Silver's lawyers argue that, like in Skilling and Bruno, a clear relationship needs to be established in the case, and to do so both Silver and the person on the other side of the alleged kickback or bribe must understand that there was a corrupt relationship. Caproni appeared skeptical about this requirement, noting as the prosecution did that other case precedent, particularly ones involving circumstantial evidence, allowed for one side of the relationship to have corrupt intents for the quid pro quo to be established. However if the defense succeeds in persuading Caproni, it will significantly raise the threshold for conviction.

-- Lawyers for Dean and Adam Skelos completed their cross-examination of Glenwood Management executive vice president and senior counsel Charles Dorego on Friday, focusing their line of questioning on how much power he wielded at the real estate company.

GLENWOOD'S PRO-CUOMO GIVING - POLITICO New York's Bill Mahoney: Glenwood Management, the real estate developer at the center of two federal corruption trials against former leaders of the Legislature, gave half a million dollars in 2011 to an advocacy organization that focused exclusively on supporting the agenda of Gov. Andrew Cuomo. Evidence against Sen. Dean Skelos released by federal prosecutors Sunday itemizes the contributions made by various holdings of Glenwood Management over the past decade. Most of these were campaign donations that have previously been identified by the recipients. The list also includes donations totaling $500,000 made to the Committee to Save New York, an advocacy organization that funded commercials supporting the governor's agenda. It spent over $16 million in 2011 and 2012, finishing as the highest-spending lobby client in the state in each of those years, but ceased operations when statutory changes would have required it to begin identifying its funders.

SCHNEIDERMAN'S BET - Bill Hammond for POLITICO New York: Here's a challenge for all of those criticizing Attorney General Eric Schneiderman's crackdown against daily fantasy sports gaming in New York: How much would you be willing to bet against Schneiderman winning this case? Be sure to read the law before putting your money down, because the AG's argument is hardly the ridiculous overreach that his opponents make out.

Is this a case of overweening nanny-statism, dictating to competent adults what they can and can't do with their own money? Is it hypocritical for the state to outlaw popular websites like DraftKings and FanDuel while directly operating a lottery that extracts more than $3 billion a year from the gambling public? Does Schneiderman sound a bit like Captain Renault in "Casablanca," declaring himself "shocked, shocked" by businesses whose ads are painfully unavoidable to anyone who watches TV sports? Yes, yes and yes. But these are political arguments that by rights should carry no weight in court, which is the one and only place where this question will be decided. What matters in court is the law, and state law makes betting on sports illegal.

TABS -- Post, top: "GOV VETO SHAFTS RIDERS" -- News: "NOWHERE TO HIKE JIHADI WAYNE: Schumer, Bratton join call for Congress to pass terror gun law blocked by NRA"

-- amNY: WIPED OUT: How flushable tissues are wreaking havoc on the city's sewer system" -- Epoch Times: NYC Simulates Paris-Style Attack Ahead of Thanksgiving Parade" -- Newsday: "L.I.'s GOT THE POWER" -- Hamodia: "Jonathan Pollard Spends First Shabbos on Parole" -- El Diario [translated]: 'Do not be afraid: the NYPD, FBI and Secret Service carried out an anti-terrorism drill in the subway

FRONT PAGES -- NYT, lead column above the fold: "LATEST ATTACKS SEEN AS EVIDENCE OF A SHIFT BY ISIS - New Threats to West - U.S. and Allies Reassess View of Group as Just Mideast Risk" -- WSJNY, 4-col. above the fold: "Tax Break Stuck in Limbo"

QUOTE OF THE DAY: "Quite frankly, given the way he's talking, and not worrying about the safety and security of the people of New York, maybe he should be mayor of Damascus." -- Chris Christie about de Blasio, on CNN yesterday:

QUESTION OF THE DAY: "[W]hat if making inequality an issue helps elect a Republican president?" -- Greg David of Crain's:

ON THE MOVE: Ex-Rep. Dan Maffei has a new position at the Federal Maritime Commission. Photographer Patrick Dodson is leaving the Schenectady Gazette to work as a freelancer in New York City.

HAPPY BIRTHDAY: Sen. Chuck Schumer, Progressive activist Michael Kink, Democratic consultant Austin Shafran and New York Times political editor Carolyn Ryan.

** A message from Oswego County IDA: Entergy has announced the company will close its James A. FitzPatrick Nuclear Power Plant in Upstate New York. If that happens, it will be a devastating blow to the region's economy. Governor Cuomo and state leaders need to save Upstate New York's energy jobs. See our video at **

DEEP DIVE -- "Why New York Subway Lines Are Missing Countdown Clocks," by Lynsey Hanley in The Atlantic: "I honestly just wanted to know why the F train didn't have clocks. I never expected it to be so complicated."

WAKE-UP SCOOP: DE BLASIO TO HOST CLIMATE TELE-TOWN HALL - POLITICO's David Giambusso: Mayor Bill de Blasio in will participate a "tele-town hall" on climate and sustainability efforts on December 1, to mark the first week of UN climate talks in Paris. The live teleconference is being hosted by the Working Families Party and the mayor, along with his sustainability director, Nilda Mesa, will take questions from callers on a range of topics under the rather large umbrella of preparing the city for climate change. De Blasio faced criticism from some environmentalists during his first few months in office for not staking out climate policies in the vein of his predecessor, Mayor Mike Bloomberg. Since then though he has put forth several ambitious goals to both prepare the city for rising sea levels and severe storms and cut the city's emissions.

NYPD, RUTGERS PROPOSE NEW STUDY OF ILLEGAL GUNS - Politico New York's Laura Nahmias: New York City is proposing a new study that would extensively research how illegal guns find their way into the hands of violent criminals in the five boroughs. The Mayor's Office of Criminal Justice and the New York Police Department have proposed partnering with Rutgers University's School of Criminal Justice on an 18-month, $500,000 contract to study exactly how illegal guns enter neighborhoods in New York City, specifically in the Bronx and Brooklyn. The study would also seek to determine the methods by which such guns are sold. The proposed study, which will be the subject of a contract hearing Monday, comes as de Blasio and the city's police force have renewed calls for stricter gun laws to cut off the flow of illegal guns to New York via the so-called "Iron Pipeline" - a corridor up the East Coast along I-95, along which guns typically bought in southern states with looser gun laws are illegally trafficked into New York City.

SCHUMER'S SUNDAY PRESSER -- "Sen. Schumer: Close loophole that lets terrorists buy guns," by Post's Amber Sutherland and Bruce Golding: "Schumer on Sunday vowed to fight 'tooth and nail' against the National Rifle Association to make it a crime for anyone to sell guns to terrorists. Schumer (D-NY) said he hoped the recent Paris terror attacks would give momentum to legislation first proposed in 2007 by then-President George W. Bush. 'Right now there is a major loophole that would make your jaw drop. Under current law, suspected or known terrorists who are on a no fly list can legally purchase firearms and explosives,' Schumer said."

-- Bratton piles on:

HI-TECH SECURITY -- Bracing for Paris-style attacks, copycats -- POLITICO New York's Azi Paybarah: The NYPD, FDNY, OEM, and Federal Department of Homeland Security ran two demonstrations of an active shooter scenario in an abandoned subway station near the Bowery on Sunday. During the demonstration, DHS tested a host of new technology from several private companies. They included Guardian Indoor Shot Detection Capability, NETT Warrior, SOCET GXP and Persistent System, according to an official from the federal Department of Homeland Security.

-- Guardian uses acoustic gunfire detection technology in combination with infrared cameras to detect gunfire. Currently, the city is testing a different gunfire detection system, from ShotSpotter, which uses acoustic technology to detect gunfire. Those alerts are verified by an operator before an alert is sent to the police. The technology also records the sound and, where connected, can record video as well. It is being tested in parts of the Bronx and Brooklyn with plans for expansion into the other boroughs after next year.

-- NETT technology can provide the locations of various responders on a digital map, enabling commanders to deploy responders with greater awareness of what is happening in the field in real time. NETT gathers information about responders' locations by radios they carry. SOCET also provides maps but uses information gathered from government and privately operated cameras and other sources. Persistent provides communication capabilities to officers in the field at a time when traditional channels of communication may be compromised.

-- Related: On 60 Minutes, Bratton and NYPD's Deputy Commissioner for Intelligence and Counterterrorism explain how the threat from ISIS has transformed. So has the NYPD strategy. First officer on the scene will confront the active shooter, not wait for backup. Another shift is the advice to the public. Previously, they were told not to get involved and call 911. Now, the advice is run if able, hide if you can, fight if you must. WATCH:

CUOMO TO MANDATE RENEWABLE, CLEAN ENERGY USE - Times' Patrick McGeehan: Frustrated by the pending shutdown of two nuclear power plants on Lake Ontario, Cuomo plans to order state regulators to mandate that, by 2030, half of all power consumed by New Yorkers be generated from renewable sources that emit much less carbon dioxide, people briefed on the matter said ... In the intervening years, the energy policy would give utilities an incentive to use power generated by nuclear plants, which are considered clean sources, though not renewable. By pushing utilities to obtain more of the power they distribute from less-polluting sources, state officials hope to delay the planned shutdown of two nuclear power plants on the shore of Lake Ontario. Aides to the governor have been trying for several weeks to dissuade Entergy from closing one of them, the James A. FitzPatrick Nuclear Power Plant in Oswego County.

MEDIA MORNING -- MARCIA, QUEEN OF THE PRESS - Wall Street Journal's Mike Vilensky: One day in the early 1980s, when Marcia Kramer was covering Albany for the New York Daily News, she was upset about a story in the New York Post. The late Tim Russert was then a top aide to Gov. Mario Cuomo, and Ms. Kramer believed Mr. Russert had helped the Post with the story, recalled Adam Nagourney, then Ms. Kramer's co-worker and now a New York Times reporter. "She marched down, with me in tow, to Russert's office, walked past the secretaries, blew into his office, and sat down," Mr. Nagourney said. In colorful language unfit for print, Ms. Kramer told Mr. Russert, who went on to host "Meet the Press," that if he wanted to "play hardball" she would castrate him, Mr. Nagourney said. "Tim looked like he wanted to throw up."

DAILY NEWS STRIKES DEAL WITH DRIVERS-Politico's Joe Pompeo reports: The tabloid and the union that represents more than 200 delivery drivers have agreed to a new contract that will be good until 2021. "I want to thank the NMDU members, its leadership and the Daily News drivers for working together with us to help improve the financial position of our company," News president and CEO Bill Holiber wrote to the paper's staff in an email sent late Friday night. The two sides had been locked in negotiations, over pension concessions and buyouts, that got to the point where Holiber threatened to take the News all-digital. In September, following extensive newsroom layoffs, Holiber had said there were no plans to reduce the frequency of the print edition.

FEWER DRIVEWAY MOMENTS -- "NPR is graying, and public radio is worried about it," by WashPost's Paul Farhi: "Morning listening has dropped 11 percent overall since 2010 ... afternoon listening is down 6 percent ... Listening among 'Morning Edition's' audience ... has declined 20 percent among people under 55 in the past five years. Listening for 'All Things Considered' has dropped about 25 percent among those in the 45-to-54 segment. ... The graying of NPR, and the declines overall, are potentially perilous to the public radio ecosystem ... [because] as audiences drift to newer on-demand audio sources such as podcasts and streaming, the bonds with local stations - and the contributions that come with them - may be fraying."

TRANSPARENCY ALERT -- Newsday filed a FOIL request to the Nassau County Police Department for records about a particular officer. In response, the Nassau PD said they planned to investigate that officer, and therefore will not release the records, because it would interfere with the probe. Bob Freeman, the executive director of the New York Committee on Open Government said, "I've been doing this for 41 years ... [and] This is indeed a new one." The story, by Newsday's Matt Clark:

WELCOME TO THE WORLD - Lauren Bush Lauren, granddaughter of former President George H.W. Bush, CEO and co-founder of FEED Projects and a model and designer, posts on Instagram: "Welcome to the world sweet baby James, born [Saturday] morning ... at 8:19am! @davidlauren [son of Ralph and president of the Polo Ralph Lauren Foundation] and I are beyond thrilled and in love!" Baby pic

SPOTTED -- Kamran Mumtaz , the former Bloomberg spokesman with a knack for card tricks, pulled out an ace from up his sleeve -- getting aides for Gov. Andrew Cuomo, Mayor de Blasio and Michael Bloomberg together at his going away party Friday night at Zengo. In the crowd to celebrate Mumtaz's move to D.C., where he'll lead Citi's government operations, were:

Ed Skyler, Bloomberg's former deputy mayor and currently head of Citi Global Public Affairs; Marc La Vorgna, Bloomberg's former press secretary, in a Sheekey-esque open collared shirt; Marco Carrion , de Blasio's commissioner for the Community Affairs Unit (being cornered by WSJ's Josh Dawsey) Cuomo's director of communications Melissa DeRosa, and his transportation spokesperson Beth DeFalco; the director of de Blasio's research and media analysis, Mahen Gunaratna, a speechwriter for NYS Attorney General Eric Schneiderman Stephen Barton; a special assistant to Senator Charles Schumer, Alex Katz; spokesman Shams Tarek of the Nassau County district attorney, and his wife, Alyson Grant, a chief of staff at de Blasio's Administration for Children's Services; Larry Busching , a New York City criminal court judge, sans gavel; News City Hall bureau Chief Jennifer Fermino; Staten Island Advance reporter Anna Sanders; WSJ City Hall reporter Mara Gay; Crain's New York Business reporter Joe Anuta; Senator Gillibrand's former spokesman Glen Caplin, currently the senior vice president at Global Strategy Group, holding court in the restaurant upstairs; and a cheerful Adam Lisberg spokesman for the MTA, in a suit with a tie firmly in place. -- Azi

WHAT WALL STREET IS READING -- "How Demographics Rule the Global Economy," by WSJ's Greg Ip: "Next year, the world's advanced economies will reach a critical milestone. For the first time since 1950, their combined working-age population will decline ... and by 2050 it will shrink 5%. The ranks of workers will also fall in key emerging markets, such as China and Russia. At the same time the share of these countries' population over 65 will skyrocket. ... Simply put, companies are running out of workers, customers or both. In either case, economic growth suffers."

SPOTTED: Rep. Ed Royce (R-Calif.) yesterday afternoon near the bar at the Grand Hyatt New York near Grand Central. He was attending the annual Zionists of America dinner and sat between Amb. Ron Dermer and Sheldon Adelson - pic

TRUMP TALK -- "Donald Trump Again Says He Saw Cheering in New Jersey on 9/11," by ABC News' Jordyn Phelps : "'There were people that were cheering on the other side of New Jersey where you have large Arab populations,' he told George Stephanopoulos ... on ABC's 'This Week.' 'They were cheering as the World Trade Center came down. I know it might be not politically correct for you to talk about it, but there were people cheering as that building came down -- as those buildings came down, and that tells you something. It was well covered at the time.' In response, Jersey City Mayor Steven Fulop said Trump 'has memory issues or willfully distorts the truth, either of which should be concerning for the Republican Party.'" ... Transcript of his 9/11 comments on This Week, via @BlakeHounshell, who notes "Trump goes all in"

TWEETS DU JOUR -- @GovernorPataki: "Not sure what luxury spider-hole @realDonaldTrump was hiding in on Sept11 but I saw Americans come together that day @GStephanopoulos" ... Michael Barbaro @mikiebarb : "Christie pours cold water on Trump claim NJ residents cheered after Sept. 11 attacks. 'I think if it had happened, I would remember it.'" ... @mikiebarb: "'Good guy,' Christie says of The Donald to guest at house party in Bedford NH. 'Keep him in Trump Tower.'" ... @RyanLizza: "Today in Trump: tweeted racist propaganda, lied about NJ Muslims cheering 9/11, said black protester deserved to be roughed up." ..

@davidaxelrod: "Has @ChrisChristie defended the people of Jersey City against @realDonaldTrump's hateful slander? If not, shouldn't he?" ... John Weaver @JWGOP: "Sometimes you have to wonder if 'Donald Trump for President' is not really a highly secret tool created by the Clinton campaign." ... @JuddLegum, editor of ThinkProgress: "Why are Democrats so sure that Trump would be easy to beat in a general election campaign?"

REAL ESTATE -- REMEMBERING ZUCCOTTI-"John Zuccotti, tireless champion of downtown, dies at 78," by Post's Lois Weiss: "John E. Zuccotti, the real estate investor, civic leader and park namesake who championed the revival of lower Manhattan after 9/11, has died at the age of 78. Zuccotti, the chairman of global operations with Brookfield, had also been a partner in Olympia & York, which developed what is now Brookfield Place.

"In 2006, a private park owned by Brookfield that had been damaged in the World Trade Center terrorist attacks was restored and renamed in honor of Zuccotti. 'Everyone who cares about Lower Manhattan owes him a great deal for what he did to help the neighborhood recover in the aftermath of 9/11,' said Larry Silverstein, chairman of Silverstein Properties, which developed much of the new World Trade Center."

IN THE ZONE-"De Blasio tries to sell uncertain Bronx residents on his housing plans," by POLITICO New York's Sally Goldenberg: "Nowhere in New York City have Mayor Bill de Blasio's proposals to alter zoning rules to create more low- to moderate-income housing come up against more community opposition than in the Bronx, the city's poorest borough, where below-market-rate apartments are arguably the most needed. All 12 community boards have voted down the two plans for a variety of reasons, including ancillary concerns such as the loss of required parking lots and an easier approval process to build large senior residences.

"Some residents believe the new apartments would not be affordable enough; others believe the borough needs more middle-income housing. Against that backdrop, the mayor went to the Bronx Sunday morning to defend his plans at Church of God of Prophecy, where he warned of New York becoming a 'gilded city' without government intervention."

GO WITH THE FLOW-"An Ancient Stream Under a Manhattan Building Leads to a Dispute," by Times' Corey Kilgannon: "With New York City's overheated real estate market showing no signs of cooling, disputes over developments tend to sprout like weeds. Many feel familiar: A project is too big or too unsightly and will blight a neighborhood or force out people of modest means or end the long run of a beloved mom-and-pop shop. But a battle unfolding on the Upper West Side of Manhattan comes with a twist that if not unprecedented, is certainly unusual - a meandering subterranean river that is just one of many such streams that once coursed through the pristine and undeveloped island centuries ago."

THE HOME TEAMS -- POLITICO New York's Howard Megdal: Crew 2, Red Bulls 0: Disaster in Columbus. Justin Meram gave the Crew the lead nine seconds into the match, and Kei Kamara's late tally means the Red Bulls head home for the second leg of the Eastern Conference finals next Sunday in a massive hole.

-- Nets 111, Celtics 101: 23 for Brook Lopez, 22 for Jarrett Jack, a double-double for Thaddeus Young and a needed win for the Nets.

-- Riveters 3, Pride 2: In NWHL action, Nana Fujimoto saved 41 of 43 shots to preserve the win.

-- The day ahead: The New York Porzingises take on the Heat in Miami. Chris Mullin's undefeated St. John's gets its first tip in Maui against 17th-ranked Vanderbilt. The Rangers take on the Predators at The Garden. The Bills head to Foxboro to play the undefeated Patriots.

#UpstateAmerica: The Pro Wrestling Hall of Fame is leaving Amsterdam, N.Y., for a new site in Wichita Falls, Texas.

** A message from Oswego County IDA: New York needs the James A. FitzPatrick Nuclear Power Plant and Upstate needs energy jobs. Entergy has announced the company will close its James A. FitzPatrick Nuclear Power Plant in Upstate New York. If that happens, the region stands to lose 615 jobs at the plant, an additional 1,000 building tradesmen and skilled workers involved in refueling, maintenance and plant outages, as well as hundreds more good-paying jobs around the area.

Now the Governor and state leaders need to save Upstate New York's energy jobs by making a deal with Entergy or making it possible for a new owner to operate FitzPatrick. Doing that will help secure the future of nuclear energy production in New York.

Tell Entergy and Governor Cuomo New York needs more clean power. Upstate New York needs more good-paying jobs. Upstate New York needs the James A. FitzPatrick Nuclear Power Plant. See our video at **

FOR MORE political and policy news from New York, check out Politico New York's home page:

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