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12/09/2015 07:32 AM EDT
By Azi Paybarah in Manhattan, Jimmy Vielkind in Albany, and Mike Allen in D.C., with Daniel Lippman
HEADLINE NEWS -- Daily News cover shows Donald Trump beheading the Statue of Liberty and holding up the head proudly. "When Trump came for the Mexicans, I did not speak out -- as I was not a Mexican. When he came for the Muslims I did not speak out -- as I was not a Muslim. Then he came for me..." See the cover. http://bit.ly/1Y1utZA
SKELOS TRIAL DRAWING TO A CLOSE - POLITICO New York's Josefa Velasquez: Former senate majority leader Dean Skelos violated his oath of office in an attempt to enrich his son by "strong-arming" companies that relied on the Long Island Republican's support in Albany, a federal prosecutor said during closing remarks in the senator's corruption trial on Tuesday afternoon.
"Dean Skelos took an oath . He took it every two years," assistant U.S. Attorney Rahul Mukhi told the jury. "It came with a pretty simple responsibility; do not take the democratic power ... and twist it to make your family rich ... It's not just an oath, it's the law." For roughly three hours Tuesday afternoon, Mukhi detailed three "schemes" in which the senator and his son, Adam, were allegedly involved: with a real estate developer (Glenwood Management), an environmental technology company (AbTech) and a medical malpractice insurer (Physicians Reciprocal Insurer). The elder Skelos sat attentively while Mukhi, 38, delivered his remarks, squinting in the prosecutor's direction as he addressed the jury. Adam Skelos, on the other hand, shifted his gaze from Mukhi to the flat top table he shared with his father and their lawyers.
As Mukhi laid out the government's case, U.S. Attorney Preet Bharara sat in the back of the courtroom, staring stoically ahead or occasionally looking at his phone, which he kept hidden behind a folded piece of paper. In a surreal moment during a mid-afternoon break, the elder Skelos returned to the courtroom, pausing to introduce himself to Bharara, who was standing beside the door. The two men shook hands. Prosecutors who helped secure a guilty verdict in the case of former Assembly speaker Sheldon Silver on Nov. 30 were present during the closing remarks. http://politi.co/1QdLQqZ
-- Earlier in the day the former majority leader said he would not take the stand in his trial. "I've considered it. I've made a conscious decision not to," the Long Island Republican told Judge Kimba Wood Tuesday afternoon. http://politi.co/1lrOmgB
VIDEO OF THE DAY -- ".@SenatorSkelos proclaims, "I'm a gentleman," when asked why he approached @PreetBharara & shook hands in courtroom." -- Via @nicolefuller http://bit.ly/1M20Osy
TYING THE KNOT: A Cuomo-land power couple is making it official. Senior adviser Melissa DeRosa and Matt Wing agreed to marry this week during a pre-session vacation in Puerto Vallarta, Mexico. Wing left state government after the 2014 campaign and now does government relations for Uber. Pic http://on.fb.me/1m9vEdP
NOT SO FAST -- De Blasio gun divesting proposal would not cut ties with managers invested in guns -- POLITICO New York's Laura Nahmias: In the days since 14 people were killed in a mass shooting in San Bernardino, California, Mayor Bill de Blasio has repeatedly called on New York City's public pension funds to divest their $160 billion from gun manufacturers, while also urging private equity firms to divest from those companies more broadly...The mayor is nudging the city's pension funds to offload what his office estimates is about $6.5 million in public money, spread across three of the city's five pension funds, still invested in gun manufacturers. But he isn't calling for the city to stop working altogether with the firms that manage them, some of which are top shareholders in gun makers.
Gun company investments now represent .01 percent of the total value of the city's pension funds...But all five of the city's pension funds still pay hundreds of thousands of dollars in investment fees to firms like BlackRock - one of the single largest shareholders of Smith & Wesson, the Massachusetts-based gun maker that built two of the guns that a couple used to kill 14 people at a holiday party in San Bernardino, California, last week. http://politi.co/1Qu5qOb
HAPPENING TODAY -- Mark-Viverito to hold interfaith rally to blast Trump -- POLITICO New York's Gloria Pazmino: City Council Speaker Melissa Mark-Viverito will host an interfaith rally on the steps of City Hall on Wednesday alongside members of the city's clergy leaders to protest Donald Trump's recent comments about Muslims.
"Donald Trump may think he's the quintessential New Yorker, but his racist, anti-immigrant remarks fly directly in the face of everything that we stand for and have no place in our city," Mark-Viverito writes in an email obtained by POLITICO New York. Trump, the Republican presidential candidate, called Monday for "a total and complete shutdown of Muslims entering the United States," and has since defended his remarks, saying Muslims should be banned from entering until "we can figure out what is going on." http://politi.co/21Nv8Ta
-- "Asked for comment, a spokeswoman for Mr. Trump referred a reporter to his recent posts on Twitter, where he has sounded irritated by Mr. de Blasio. On Twitter Monday, he called him the worst mayor in the country, citing a rise in homelessness, among other factors. He has also indicated he believed Mr. de Blasio was the worst mayor in the city's history. "Disgrace," Mr. Trump wrote. An aide to Ms. Mark-Viverito said the rally Wednesday was meant to serve as a show of force against Mr. Trump from his hometown of New York City, where he also does business." -- WSJ's Mara Gay: http://on.wsj.com/1R8KG05
THE ROAD TO 2017 -- Advice for de Blasio -- New York Observer's Jill Jorgensen: "Mr. de Blasio is entering the crucial third year of his first term, which will set up the re-election bid sure to dominate his fourth and set in people's mind just what kind of mayor he has been. His administration believes the groundwork he's laid on issues like affordable housing, education and community policing will yield visible progress-and that the mayor retains a base of supporters who will turn out to re-elect him.
Mr. de Blasio, who through his press staff refused to be interviewed for this article, often earns criticism for not looking outside his clannish inner circle, so the Observer did just that: we asked friends and foes alike for their analysis of the first half of the mayor's term and to propose concrete policy ideas so he could capitalize on his successes or move past his struggles.
-- "I find de Blasio disconnected. I find him aloof. I also find that he doesn't return emails or letters," said Norman Siegel. "Community boards matter," said Manhattan Borough President Gale Brewer. "And I think the community boards have spent a great deal of time analyzing these issues." "One of the strongest things the mayor can do is to see to it that the training and the equipment that's needed so that everyday officers feel they can defend themselves against crime and terrorism was done right away," said Sgt. Ed Mullins, head of the Sergeants Benevolent Association. "If Rikers were closed and it were broken into much smaller facilities throughout the boroughs, with much fewer people being locked up, it would be a huge step forward," Fortune Society president JoAnne Page said, touching on a growing call for the infamous jail to be shuttered." http://bit.ly/1NUmeiy
SEE THE COVER ART: Including Marcia Kramer cameo: http://bit.ly/1NKslzJ
LEGAL DEBATE DOMINATES ASSEMBLY HEARING ON DRAFTKINGS, FANDUEL - POLITICO New York's Jimmy Vielkind: A quintet of lawyers for daily fantasy sports sites spent more than three hours Tuesday insisting their operations in New York are legal, and answering questions from legislators who are considering laws that would clarify their legality. "We're not here to litigate the legality of fantasy sports. That is in the courts right now, and regardless of the outcome of that case, what we're interested in ... is in regulations, licensure, consumer protection," Assemblyman Gary Pretlow, chairman of the Assembly's racing and wagering committee, said after 56 minutes of talk about the legality. "If it is deemed illegal, we could probably make it work." Pretlow, a Democrat from Westchester County, had long been planning a hearing on the daily fantasy sites, whose users create teams of real players (subject to a salary cap) in a variety of sports and either win or lose contests based on the real performance of the athletes on fictional teams. The forum gained urgency when Attorney General Eric Schneiderman last month asked a judge to suspend the New York operations of the two biggest fantasy sites, DraftKings and FanDuel. http://politi.co/1TzWztN
SCHNEIDERMAN's NEXT TARGET -- "New York Looks Into 'Speculative' Ticket Resellers," by Times' Ben Sisario: "Tickets for Bruce Springsteen's 2016 tour will not go on sale until Friday, but hundreds of seats have already been listed for up to $5,000 or more on StubHub and other resale sites - listings that have drawn the attention of the New York attorney general in the latest volley over the $8 billion ticket scalping business. On Monday, letters from the office of the attorney general, Eric T. Schneiderman, were sent to StubHub and two other popular resale sites, TicketNetwork and Vivid Seats, asking about 'speculative' ticket listings - offerings of seats on secondary markets when the seller may not actually possess the advertised tickets. Such listings are common in the online ticketing world, but the attorney general believes that they may constitute deceptive advertising, which would violate state business laws." http://nyti.ms/1NURDl1
PROBE OF THE DAY -- After Cuomo and de Blasio's joint statement about Casa Lever's 'dry' fish, an investigation into branzino -- Wall Street Journal's Charles Passey: "In a town where even a Yelp reviewer can hurt a restaurant's bottom line, it was a noticeable slight. But I couldn't help but wonder if Messrs. Cuomo and de Blasio really knew if their branzino, the fish they reportedly both ordered, was prepared correctly. As a food writer determined to get to the bottom of what we'll call Branzinogate, I did the only thing I could do: I invited a branzino expert to dinner at Casa Lever. I gave the restaurant the widest berth to nail the fish, asking our server which preparation method would yield the moistest results. Without a moment's hesitation, he suggested seared. The $46 fish arrived. We tasted. It was dry." http://on.wsj.com/1RC9RYn
BIRTHDAYS: Sen. Kirsten Gillibrand (D-N.Y.) ... CNN's Jonathan Wald ... Ryan Whalen, once a Chuck Schumer body guy and Mayor Bloomberg alum and now director of initiatives and strategy at The Rockefeller Foundation
** A Message from Nuclear Matters: Providing more than 61 percent of New York's carbon-free electricity, nuclear energy plants play a vital role in achieving our clean-energy and carbon-reduction goals. New York's nuclear energy fleet supports about 18,000 jobs and provides $2.5 billion to the state's GDP. Learn more at NuclearMatters.com. **
"SOMETHING DE BLASIO'S GETTING RIGHT" -- Staten Island Advance's Tom Wrobleski: "The mayor has been as good as his word on paving, and whatever disagreements we may have with him, we shouldn't forget that. Islanders said that repairing our roads was a priority, a key issue, and City Hall responded. De Blasio's fractious relationship with his Island constituents is well known. He didn't win out here in 2013, and likely hasn't changed enough hearts and minds to reverse the outcome when he runs again in 2017.And every time he does do something out here, the mayor is sure to hear a chorus of folks saying that it wasn't enough. Or that it was too late. Or that he was only doing it because he had to. But he has heard us on this issue, and that we should remember." http://bit.ly/1QujGqf
WELCOME TO TWITTER -- U.S. Attorney Preet Bharara is now on Twitter. The Manhattan prosecutor signed up on Tuesday, his office confirmed, choosing the handle @PreetBharara and quickly amassing hundreds of followers. The Southern District already has its own Twitter feed, which the office uses primarily to issue press statements, including quotes from the U.S. Attorney. It's unclear what prompted Bharara to launch his own Twitter account, or what he intends to use it for. A request for clarity from the U.S. Attorney's office was not returned. -- Colby Hamilton
WORKING FAMILIES PARTY BACKS BERNIE SANDERS -- POLITICO New York's Dana Rubinstein reports: The Working Families Party board voted yesterday to endorse Bernie Sanders for president, according to an email from national director Dan Cantor to party members.
According to the email, which was forwarded to POLITICO New York this morning by a recipient, the national advisory board of the union-backed party voted "overwhelmingly" for Sanders, giving him 87 percent of the vote. Hillary Clinton received 12 percent and Martin O'Malley received 1, according to the email. "[W]e have voted to endorse Bernie Sanders in the Presidential Primary!" wrote Cantor. "This represents the first time the organization has made a national endorsement." Because the party does not actually hold a primary, the endorsement does not come with a ballot line and is more symbolic than anything else. "It's meaningless from a legal or technical point of view," said Douglas Kellner, co-chair of the New York State Board of Elections. http://politi.co/1TzQKg1
EAT BEAT -- "Eleven Madison Park Owners Plan a Fast-Casual Restaurant Called Made Nice," by Howie Kahn in WSJ: "Daniel Humm and Will Guidara ... joined forces in 2006 at Eleven Madison Park, a restaurant in Manhattan's Flatiron District, where they were hired to run the kitchen and the front of house, respectively. Today, they hold three stars from the Michelin Guide, and the No. 5 slot on the annual list of The World's 50 Best Restaurants. Humm, 39, and Guidara, 35, have spent the past decade conceiving, tweaking and occasionally reinventing a dining experience that can exceed three hours and cost-before tax, tip or a single drop of wine-$225 per person. They've also been brainstorming fast-food concepts the entire time. In 2016, those thought experiments will take the form of Made Nice, a counter-service restaurant on West 28th Street in Manhattan. ... At Made Nice, composed plates of seasonal vegetables, grains, proteins and starches will be served on stoneware ... A meal at Made Nice will cost $10 to $15." http://on.wsj.com/1IEhTh7
--"3-Story Food Market to Open on UES Early Next Year," by DNAinfo's Shaye Weaver: "A new buffet-style restaurant serving paleo-friendly food is opening in a three-story space on Third Ave. Hu Kitchen, at 1536 Third Ave., between East 86th and East 87th Streets, offers a variety of stations that customers can order from throughout its multi-floor space, including a smoothie and juice bar and a cold and hot food bar with dishes like line-caught tuna salad with homemade aioli and organic vegetables; organic chicken and quinoa soup. Other offerings include 100 percent grass-fed beef meatloaf, wild salmon cakes and organic spicy chicken wings." http://dnain.fo/1NURzls
THE CITY'S TAXPAYERS THANK YOU -- "Top lawyer Alan Dershowitz won't sue after UES tumble," by Post's Ian Mohr: "Legal eagle Alan Dershowitz showed up to be honored at the Brooklyn Bar Association's annual dinner Monday in a sling, a cast and with a medical boot on his foot - the result of a bad fall from uneven pavement on the Upper East Side. But the lawyer, who repped Mike Tyson, O.J. Simpson, Patty Hearst and Jim Bakker, assured Mayor de Blasio at the dinner that he's not suing the city, even though the room was filled with hundreds of lawyers encouraging him to do so. The Rev. Al Sharpton's daughter, Dominique, is suing the city for $5 million over a measly sprained ankle from 'uneven pavement,' though she's since been spotted on social-media posts trekking in Bali and marching in Times Square. Famously tough Dershowitz - who injured both wrists, a toe, ribs and neck on Friday - told us, 'I'm not going to sue the city. There was a little protrusion on concrete right by my house . . . it was dark, I tripped and it was completely, unequivocally, totally my fault. I went headlong.'" http://pge.sx/1R9zhNJ
CRIME REPORT - "One crazy night at the strip club cost this guy his $600K watch," by Post's Tina Moore, Bruce Golding and Kelly Hartog: "A married Beverly Hills watch dealer brought two hookers from a Midtown strip club to his swank hotel room - where they swiped a $590,000 timepiece and $6,000 in cash from him ... Steven Rostovsky, 52, told cops that he was partying with the call girls at the Sapphire Gentlemen's Club early Monday morning ... They eventually left the jiggle joint and headed to his suite at the nearby Baccarat hotel, where rooms start at $900-plus a night. Once there, Rostovsky stashed his limited-edition Greubel Forsey Double Tourbillon 30° Technique watch and his money in the suite's safe - but he didn't lock it ... He then disappeared into the bedroom with one woman, leaving her pal alone in the living room ... Rostovsky later decided to send the friend packing, and his 'date' said she would escort the woman downstairs. But she never returned, instead hopping into a BMW with the other woman and the loot. When Rostovsky realized he'd been abandoned, he checked the safe, discovered his valuables were missing and called the NYPD." http://bit.ly/1ma8ALW
HAPPENING TODAY -- TIME's 2015 Person of the Year will be announced on the TODAY Show at 7:40AM ET. www.time.com/poy
CLICKER - "Who's a 'Gifted Rap Artist,' Who Loves Jalapeños and Who Went to See Adele on Date Night:  Democrats and Republicans' Guilty Pleasures Revealed" - People Magazine: http://bit.ly/1XVwEDg
TRUMP AND MURDOCH -- "Trump retweets Murdoch's musings on whether he's gone too far," by Politico's Hadas Gold: "Donald Trump retweeted a tweet by News Corp chief Rupert Murdoch questioning whether the poll-leading Republican presidential candidate has gone too far by calling for a ban of all Muslims traveling into the United States. But Murdoch countered his own question by noting the public is 'obsessed on radical Muslim dangers,' adding that a 'complete refugee pause to fix vetting makes sense.' Murdoch has made clear his preference for retired neurosurgeon Ben Carson in previous comments and tweets, while writing negatively about Trump." http://politi.co/1IDTdoZ
--"The 15 most offensive things that have come out of Trump's mouth," by Politico's Nick Gass: "While claiming to 'cherish women' and to be the 'least racist person,' Trump has offered up some shocking comments." http://politi.co/1m9H0hY
FLASHBACK -- @realDonaldTrump, May 4: "The U.S. has enough problems without publicity seekers going out and openly mocking religion in order to provoke attacks and death. BE SMART" (h/t @BuzzFeedAndrew)
LATE-NIGHT BEST - "'Trump Is White ISIS': Daily Show Unloads on 'Racist Maniac' Trump" - Video http://bit.ly/1TAakZk
HILLARYWATCH - She writes on Medium, "No, Donald Trump. We're not barring Muslims from entering the country": "When you take a step back and see what the Republican field as a whole says about Muslims - not just one or two candidates for president, but nearly all of them - it's hard to take seriously their attempts to distance themselves from Mr. Trump. He's just articulating the logical conclusion of what the rest of them have been saying." http://bit.ly/1SNtHyb
OUT AND ABOUT - "Last night, the Business Council for International Understanding (BCIU) held its annual Manhattan gala where Commerce Secretary Penny Pritzker bestowed the Global Innovation Award to Marillyn Hewson, Chairman, President and CEO of Lockheed Martin. Also receiving the prestigious Dwight D. Eisenhower Global Leadetship Award was Japan's Masami Iijima, Chairman of Mitsui. Presiding over the evening was BCIU's board chairman Ahmet Bozer, Executive Vice President of Coca-Cola. executives." http://prn.to/1SNE9Wh
ABOUT THAT STYROFOAM BAN -- Cabrera proposes foam recycling bill -- POLITICO New York's David Giambusso: In the wake of Mayor Bill de Blasio's legal defeat over a proposed polystyrene foam ban, City Councilman Fernando Cabrera, flanked by plastic industry representatives, proposed a bill Tuesday that would require the recycling of all foam products produced by the city. "One hundred percent of this material can be recycled with a comprehensive foam recycling plan," Cabrera said during a press conference on the steps of City Hall. "Why landfill when you can recycle?"
The proposed legislation, which is still in the drafting stage, is the latest push in a years-long fight over polystyrene foam products. In January, de Blasio and sanitation commissioner Kathryn Garcia announced the ban, predicated on the assertion that there was no long-term, economically viable method of recycling food and beverage containers made of polystyrene foam. Dart Container Corp., one of the country's biggest polystyrene manufacturers, and a coalition of local restaurant groups mounted a legal challenge and won. State Supreme Court Justice Margaret Chan ruled that de Blasio's ban was inconsistent with Local Law 142, which required the city to examine the economic viability of recycling. http://politi.co/1m9kW7a
ZADROGA PLEA -- New York City Council asks for renewal of Zadroga Act, the 9/11 health care bill, in letter to Sen. Mitch McConnell -- New York Daily News' Erin Durkin: The entire City Council signed a letter to Senate Majority Leader Mitch McConnell Tuesday pushing for the renewal of the Zadroga Act.
"The extension of the Zadroga Act is a reaffirmation of our solemn duty as a nation to protect those that sacrifice in the service of our country," wrote the 51 pols from the five boroughs, led by Speaker Melissa Mark-Viverito. Backers are looking to get Congress to renew the law that provides health care to cops, firefighters and other first responders suffering from diseases caused by Ground Zero toxins this week. The health care program under the bill was allowed to expire in September. READ THE LETTER http://nydn.us/1NU8ynW
REAL ESTATE -- ZONED OUT-"How developers can escape the mayor's affordable housing mandate," by Crain's Joe Anuta: "A de Blasio administration proposal requiring developers to include affordable apartments in their market-rate projects includes a legislative escape hatch that critics say would let builders too easily dodge the mandate. A policy requiring developers to build affordable housing is meeting opposition as it moves through the public-review process. The proposal, which aims to shift the burden of building affordable housing to the private sector, also includes a passage describing when mandatory inclusionary housing isn't actually mandatory. If developers believe that the affordable housing would prevent them from making a reasonable profit, they can appeal and have the requirements reduced or eliminated. Legal experts noted that relief provisions are necessary for any type of zoning law to be constitutional." http://bit.ly/1lN48lU
BIG DEAL-"Himmel + Meringoff to sell 235K sf of Midtown air rights," by Real Deal's Mark Maurer: "Investors Isaac Chetrit and Ray Yadidi are in contract to buy 235,000 square feet of air rights in the Garment District from Himmel + Meringoff Properties, as part of a larger assemblage play, The Real Deal has learned. The unused development rights are affiliated with the landmarked Haier Building, the five-story former home of the Greenwich Savings Bank at 1352-1362 Broadway. ... If the air rights deal were to close, Garment District-based investors Chetrit and Yadidi will have gathered an assemblage spanning roughly 375,000 buildable square feet, sources said. The price was not disclosed." http://bit.ly/1jN9pbN
HISTORY CHANNEL-"Bed-Stuy neighborhood to become historic landmark district," by POLITICO New York's Mazin Sidahmed: "A section of Bedford-Stuyvesant is set to become a historic landmark district after the designation received unanimous approval Tuesday from the city's Landmarks Preservation Commission. ... The decision will affect more than 800 properties bounded by Gates Avenue, Fulton Street, Bedford Avenue and Tompkins Avenue - buildings that were almost all built between 1870 and 1900." http://politi.co/1XTxdO9
THE HOME TEAMS -- POLITICO New York's Howard Megdal : The Mets lost out on Ben Zobrist to the Cubs, and precisely what their Plan B is to add offense to a team that badly needs it was unclear to even team officials late Tuesday night.
The Yankees added Starlin Castro in a deal the Cubs made to open second base for Zobrist. Adam Warren and Brendan Ryan went to the Cubs.
Nets 110, Rockets 105: All five Nets starters reached double figures in a win over a Rockets team with more questions than the Nets, honestly.
The day ahead: the Knicks are in Utah. The Rangers are in Vancouver.
#UpstateAmerica: A father and son from Onondaga County were charged with stealing $41,000 worth of chicken wings from a restaurant there. http://bit.ly/1NELsj2
** A Message from Nuclear Matters: Some of America's existing nuclear energy plants face early closure due to current economic and policy conditions. Providing more than 62% of America's carbon-free electricity, existing, state-of-the-art nuclear energy plants play a vital role in achieving our clean-energy and carbon-reduction goals.
In New York, nuclear energy plants provide 31 percent of the state's electricity and 61 percent of our carbon-free electricity. The existing nuclear energy plants in New York also support about 18,000 jobs and provide $2.5 billion to the state's GDP.
If we want to keep New York working, we need policies that will keep New York's state-of-the-art nuclear energy plants working for all of us. Join us at NuclearMatters.com **
FOR MORE political and policy news from New York, check out Politico New York's home page: http://politi.co/1MkLGXV
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