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POLITICO New York Playbook: CUOMO set back after charges against allies -- WEINER cell records subpoenaed -- AILES' exit, for posterity

09/23/2016 07:09 AM EDT

By Azi Paybarah in Manhattan and Jimmy Vielkind in Albany, with Daniel Lippman and Addy Baird

LATEST CHARGES A BLOW TO CUOMO - POLITICO New York's Jimmy Vielkind: Gov. Andrew Cuomo was not criminally charged on Thursday, but the schemes involving his close allies that were detailed by state and federal prosecutors are a major blow for the Democratic governor and several of his proudest accomplishments. The governor's upstate economic development programs have been tainted. After promising to clean up Albany during his first campaign, the smelliest aspects of campaign fundraising and influence-peddling still flourish. There will be swirling questions about what Cuomo knew about what the men in his inner circle were doing. All of it will be a cacophonous distraction from any legislative agenda the governor might advance next year, and will cast a shadow on any re-election bid.

"At the highest levels of government, people viewed economic development and energy policies as a gold rush," said Blair Horner, the longtime legislative director for the New York Public Interest Research Group. "This complaint should be used as a road map for the governor and Legislature to fix Albany. Prosecutors keep offering maps, but they're not using them."

Cuomo said he was "saddened" by federal charges brought by U.S. Attorney Preet Bharara against Joe Percoco, a friend and confidante who has been the governor's top political adviser for more than a decade. Federal prosecutors allege Percoco solicited bribes from a power company and a developer with business before the state. Both companies were clients of Todd Howe, a lobbyist who cooperated with authorities. State and federal prosecutors also charged SUNY Polytechnic Institute president Alain Kaloyeros with rigging the bids for facilities it built in Albany, Buffalo and Syracuse. Howe worked as an intermediary in some of those schemes, advising SUNY Poly and two development companies with which it did business.

-- "What I can say at this moment is that there is no allegation of any wrongdoing or misconduct by the governor anywhere in this complaint. That is all I'm going to say,'' Bharara told reporters.

COMPLAINT DETAILS ACTIVITIES OF UNREGISTERED INFLUENCE PEDDLER - POLITICO New York's Bill Mahoney: While announcing sweeping criminal charges against individuals close to the governor on Thursday morning, Bharara referred to one of them, Todd Howe, as a "powerful and connected lobbyist with close ties to the governor's office." Based on the details provided in Bharara's complaints, to which Howe has pled guilty, it's clear that Howe was connected and had close ties to the governor's office. But while Howe meets the dictionary definition of a lobbyist - for the entirety of Cuomo's tenure, he's partially made his living off influencing New York's government - he hasn't been registered for most of this time. As to the question of whether he did enough to meet the state's statutory definitions of lobbying, many of the activities detailed in the complaint fall into what has recently been a significant gray area of the state's lobbying law.

BIG PICTURE: Former lawmen Christie and Cuomo now bound by scandals, via POLITICO New York's Terry Golway:

IT'S FRIDAY -- Assembly Speaker Heastie's birthday is on Sunday -- Got a tip? Feedback? News to share? Let us know. By email:,,,, or on Twitter: @Azi, @JimmyVielkind, @dlippman, and @addysue.

TABS -- Post: "PASTA LA VISTA! Gov pals busted in 'ziti' bribe scandal" -- Daily News: "FROM THE HEART: Exclusive first interview with NYPD Commish James O'Neill: Says cop shoot vids 'cause me great angst; Hopes to mend stop-and-frisk 'debacle'; Shares plan to 'make things better' in NYC" -- Newsday: "TRUMP HAS EDGE ON LI: Holds 43-39 lead over Clinton" -- Hamodia: "FBI Issues 'Wanted' Alert for 2 Potential Bombing Witnesses" -- SEE THEM:

FREEBIES -- amNY: "FIXING BUS TERMINAL'S ILLS: Port Authority unveils 5 proposals to improve hub" -- Metro: "FELONY AND IVORY: Midtown antique dealers busted with $4.5M in illegal ivory" -- SEE THEM:

BROADSHEETS -- NYT, 2-col., below the fold: "Former Cuomo Aides Took Bribes To Steer State Grants, U.S. Says" -- WSJNY banner: "Ex-Cuomo Associates Charged" and 3-col., below the fold; "Outrage Over Sandy Costs" -- SEE THEM:

LOCAL -- Queens Chronicle, western: "NO VAGRANCY: Another hotel housing homeless as crisis grows" -- Bay Ridge Courier: "HITTING HOME: Ridgites demand response to growing vagrant population" -- Queens Tribune: "NIMBY WINS: Phipps House backs out of Sunnyside plan amid pressure" -- Queens Courier: "NO GO: Stop signs at 'dangerous' interactions rejected again" -- Park Slope Courier: "SHOUT OF THE BLUE: Panel says it may need police presence at next Citi Bike meeting"-- SEE THEM:

QUOTE OF THE DAY: "This is big-time stuff and goes to the core of how I think state government operates." -- U.S. Attorney Preet Bharara, via POLITICO New York's Colby Hamilton:

BONUS QUOTE OF THE DAY: "I came here not to complain. Not to criticize or critique only, but I actually came here with a number of proposals" -- City Comptroller Scott Stringer, via POLITICO New York's Laura Nahmias:

STAT OF THE DAY -- $1M: Size of the United Federation of Teachers television ad campaign, which launches today, via POLITICO New York's Eliza Shapiro. SEE THE VIDEO:

BENCHMARK OF THE DAY: "It's going to end up reducing 911 calls and 311 calls." -- NYPD Commissioner James O'Neill, on neighborhood policing, via Daily News' Larry McShane:

ON THIS DAY in 1845 -- The Knickerbockers Baseball Club, the first team to play under modern rules, is founded in New York. 171 years later, in other historic baseball moments, Asdrubal Cabrera hit a three-run walk-off homer in the bottom of the ninth to beat the Phillies. More on baseball's first days from the Society for American Baseball Research:

WEINER'S CELL RECORDS SUBPOENAED - New York Daily News' Shayna Jacobs and Ginger Adams Otis: " Anthony Weiner's latest round of sick sexting has attracted the attention of the city's top sex crimes cops and the Federal Bureau of Investigation, the Daily News has learned. The Manhattan U.S. Attorney's office issued a subpoena for Weiner's cell phone and other records, CNN reported Thursday. Weiner, also known as 'Carlos Danger,' a pseudonym he used at one point for his pervy online exchanges, allegedly sent raunchy and sexually suggestive photos of himself to a 15-year-old in North Carolina. The U.S. Attorney there, Jill Westmoreland Rose, is also 'reviewing all materials relevant to the matter,' a spokeswoman said in an email. The Manhattan Special Victims Squad and the Manhattan District Attorney's office are also examining the latest allegations against Weiner."

NOT ALONE? -- NYPD unsure if accomplices helped Chelsea bomber -- Post's Daniel Prendergast: "The NYPD's counterterrorism chief said Thursday that investigators aren't completely convinced Chelsea bomber Ahmad Rahami acted alone. 'The question is, could one person make that many devices, cover that amount of ground, do all that by themselves,' Deputy Commissioner of Intelligence John Miller said during an interview on 'CBS This Morning.' 'It's certainly possible, but it is equally possible that there may be others involved.'"


-- IF YOU ONLY READ ONE THING THIS MORNING , let it be Sarah Ellison's tick-tock on Roger Ailes' final days as CEO of Fox News after being sued by Gretchen Carlson for sexual harassment, from the November issue of Vanity Fair. There's so much juicy dish in this one it's hard to decide what to tease, but if you're the type of person who follows this sort of thing, here are a few tidbits that will whet your whistle: "Ailes had consulted with his longtime friend Donald Trump about the matter."; "Giuliani said that he wanted to participate actively in the investigation."; "According to three people briefed on the investigation, oral sex was mentioned frequently."; "Beth Ailes, who was in the office daily, advocated attacking Kelly through friendly media outlets, such as Breitbart News."; "Ailes confessed to a colleague, 'Murdoch wants me gone.'" Lots more where that came from:

-- GUARDIAN U.S. IN FINANCIAL DISTRESS: As we reported last week ( ), The Guardian's U.S. operation is making significant cuts due to low ad sales and diminished revenue projections. Now we have more color on that thanks to these financials Sterne got his hands on: "The Guardian's U.S. operation took in $15.5 million in revenue but suffered a $15.85 million net loss in the 12 months ending April 2016, POLITICO has learned. It initially believed that it could more than double its revenue this year, to $32.2 million, but has since slashed its revenue forecast by more than $12 million. Late last year, Guardian U.S. CEO Eamonn Store laid out the company's revenue projections for the next two years -- $32.2 million in fiscal year 2016-17 (i.e. the 12 month period ending April 2017) and $44 million for fiscal year 2017-18. That would allow Guardian U.S. to finally break even by April 2018."

-- NO DICE FOR NYT ON TRUMP DIVORCE FILE: via POLITICO's Josh Gerstein: "A New York judge has rejected a media request to make public the contents of a 25-year-old court file on Donald Trump's divorce from wife Ivana, saying the courts have no business deciding what information could be useful to voters. The New York Times and the Gannett newspaper chain filed a motion to unseal the records, arguing the move was needed to contribute to public debate over the real estate mogul and Republican nominee's fitness for the presidency. Manhattan Supreme Court Justice Frank Nervo rejected that argument in a ruling released Thursday."

--Traffic magazine, a new publication about data, media, and money, has launched, with its first print issue and a website. Patrick Appel, formerly of Politico Magazine and Andrew Sullivan's Dish blog, is editor in chief.

You can read the full Morning Media column and sign up to receive it in your inbox by clicking here:

WOODWARD UPSTATE - Jimmy's dispatch from Bolton Landing: Woodward, the iconic journalist, built a speech to business leaders here on Thursday night around questions. He asked an audience of roughly 200 people gathered at the Sagamore resort for the annual meeting of the Business Council of New York State whether they were satisfied with the state of the economy. The number of hands was even. He asked whether they were satisfied with the direction of U.S. foreign policy. Another mixed response. "How many people think the news media is doing a good job covering the presidential election?" Woodward eventually asked. Four hands went up, several of them "wobbly," the Washington Post associate editor noted. "That is a real problem in my business that we are not facing," he said. "That is a crisis."

-- Woodward opened with a joke: He said that someone spotted him on the plane to Albany and said, "Is the corruption that bad? They're bringing the old guys up?"

FIRST PERSON - "Christine Quinn on Finding Her Focus After Suffering the Biggest Loss of Her Career" in Vogue: "Three years ago, former front-runner Christine Quinn suffered a high-profile defeat in New York City's mayoral race. But what came next? A period of deep reflection, she writes-and a renewed passion to help the homeless."

SEEKING MORE DISCLOSURE, DONOR LIMITS FOR GROUPS LIKE CAMPAIGN FOR ONE NY -- Gotham Gazette's Samar Khurshid: "At least three City Council members have made requests to the Council's bill drafting unit to formulate legislation that would regulate political participation by and with 'social welfare' nonprofit organizations. These are political advocacy, or lobbying, groups, which have been the subject of intense scrutiny in New York City of late due to the Campaign for One New York, a political nonprofit established by allies of Mayor Bill de Blasio. The bills currently being drafted in the Council would increase disclosure requirements for political nonprofits and reclassify the groups under the jurisdiction of the city's Campaign Finance Board and its rules around donation limits, including by entities with city business. ...

-- "Council Members Ben Kallos, Rory Lancman, and Elizabeth Crowley - all Democrats like de Blasio - have each submitted a request that legislation be crafted around regulating 501(c)(4) nonprofits. Kallos' bill drafting request [would] require that 501(c)(4) and 501(c)(3) organizations created at the behest of elected officials to promote their own image or agenda be treated like political committees under the city's campaign finance laws. ... Lancman [wants to see] 501(c)(4)s face contribution restrictions similar to those imposed on political campaigns, which would also limit the amount of money donated by entities that have business before the city. ... Crowley ... did not respond by the time of publication."

NYPD TRIAL FOR COP WHO FATALLY SHOT RAMARLEY GRAHAM IN 2012 -- No date set -- WSJ's Pervaiz Shallwani and Josh Dawsey: "The New York City Police Department is preparing to hold a disciplinary trial for the police officer who shot and killed an unarmed black teenager in the bathroom of his Bronx home more than four years ago, according to people familiar with the matter. The shooting death of 18-year-old Ramarley Graham and other similar incidents have resurfaced after reports that the NYPD officer involved in the death of Eric Garner had received overtime pay, and that city officials were blocking the release of disciplinary records. ... Lawyers for Officer Haste and the NYPD had discussions about him possibly cutting ties with the department, but those discussions have ended and the officer is waiting for the NYPD to schedule a trial, said a person familiar with the investigation."

-- Statement from Graham's mother, Constance Malcolm: "This seems like more of a political announcement than real news about accountability, and I'm tired of Mayor de Blasio and others playing politics with the NYPD's killing of my son. ... the NYPD has given no date for the trial, timeline or even list of charges that he's facing. This announcement on Haste doesn't provide any information on Sergeant Scott Morris - a supervising officer on the scene who's been on modified duty and received pay raises and overtime - or the rest of the 12+ officers who engaged in misconduct in killing my son Ramarley."

HAIL YES -- "Flywheel Gets the Green Light to Take on New York City's Taximeter Incumbents," by Fortune's Kia Kokalitcheva: "Soon enough, New York City taxis will have a new alternative to the taximeters and credit card processors installed in their cars. On Thursday, Redwood City, Calif.-based Flywheel said it has been granted a license by the Taxi and Limousine Commission to market its alternative to the devices they've been using for the last several years. Flywheel has developed software for taxi fleets that includes a smartphone app that acts as a taximeter and GPS navigator, and lets drivers process credit card payments with a car reader attached to the smartphone. 'For over a decade, this industry has been locked out of any innovation,' Flywheel president and COO Oneal Bhambani told Fortune in an interview... Flywheel plans to charge a variety of fees for TaxiOS, including credit card processing fees, a monthly fee for its dispatch software, and fees for using its mobile app to book rides. One thing it won't charge for, however, is the Motorola Android smartphones it provides each driver, which comes preloaded with the TaxiOS app... Flywheel's goals for TaxiOS are ambitious. By the end of 2016, Bhambani said it will have its software in at least 1,000 of New York City's roughly 14,000 taxis."

IF YOU CAN'T HANDLE THE HEAT -- "Clinton Hill Cafe Tilda All Day Closes After Ownership Battle," by Eater's Serene Dai: "Stylish Clinton Hill cafe with a killer pastry program Tilda All Day has closed its doors less than a year after it opened. Partners Samantha Safer and Daniel Nusbaum are now in court over ownership after their relationship soured, and chef Claire Welle has left the business completely. 'It just got to the point probably about a week and a half ago [where] I just couldn't perform my job anymore,' Welle says. 'The relationship between the owners deteriorated very quickly.' The neighborhood cafe attracted a following for its all-day menu and Welle's impressive line-up of pastries, including pistachio loafs, morning buns, cookies, and more... Safer says that she plans to reopen it in October with the name Tilda but just in the evening, with a bar and oysters... Welle says the owner personalities clashed. After working seven days a week for the last year, she's taking a break before figuring out her next step."

ON STAGE -- "Review: In 'The Undertaking,' Considering the End With Some Laughter," by NYT's Charles Isherwood: "What's your greatest fear? If you're a normal, neurotic New Yorker, it's probably the big inevitable: death. Some theatrical therapy for this eternal anxiety, the nagging 4-in-the-morning jitters about - poof! - not being around anymore, can be found in 'The Undertaking,' the thought-provoking new project from the Civilians. Written and directed by Steve Cosson, in collaboration with Jessica Mitrani, the show is being presented through Sunday at the Brooklyn Academy of Music's Fishman Space as part of the Next Wave Festival. Morbidly funny, and sometimes just plain morbid, the show is constructed like many Civilians productions, as a collage of testimonials drawn from interviews with real people, in this case people with a particular point of view on, or relationship with, mortality. But it's also a departure of sorts, because one of the central characters is Mr. Cosson, portrayed by Dan Domingues. Woven throughout the show are scenes depicting Steve in conversation with a good friend of his, an art photographer named Lydia, played by Irene Lucio. (Lydia is presumably a lightly fictionalized version of Mr. Cosson's collaborator, Ms. Mitrani.)" More on "The Undertaking," a NYT critic's pick, at NYT:

--If contemplating death isn't how you want to spend your weekend, here's NYT's full list of theater listings for this weekend and early next week:

REAL ESTATE, with POLITICO New York's Sally Goldenberg:

-"MAP: Where Affordable Housing Is Most Threatened in NYC," by DNAinfo's Amy Zimmer: "Tracking displacement of New York City's renters - or understanding exactly why people are forced out of their homes - is a tricky task. But a new map seeks to identify where it's likely to become a crisis. The Association for Neighborhood and Housing Development launched its Displacement Alert Project (DAP) map Thursday as a tool to give activists and policy makers more information by showing where displacement pressures are most acutely felt. ANHD's interactive online data map shows, building by building, the combination of risk factors that play into affordable housing loss. Those factors include the loss of rent-regulated units, the volume of Department of Buildings permits (which can indicate that an apartment or building has been recently vacated and is now being renovated or demolished) and the spike in purchase prices of the buildings (which can indicate that the landlord plans to charge market-rate or luxury prices)."

See the map here:

-"REBNY wants to upsize Midtown East rezoning," by The Real Deal's Kathryn Brenzel: "The Real Estate Board of New York has a few issues with the proposal to rezone Midtown East. Namely, the organization thinks the buildings should be bigger, the residential restrictions are unnecessary and the city should take as small a cut as possible from air right sales. Representatives from REBNY spoke at a meeting discussing the rezoning Thursday, where they asked the New York City Planning Commission to consider an additional 10 percent in floor area to as-of-right buildings throughout the district. The current proposal, which was released in August, could already add 6.5 million square feet in additional office space to the area. REBNY also said limiting residential construction in the district was 'unnecessary.' The organization took issue with the proposal's condition that residential development can only take up 20 percent of total FAR."

-"Spotify looking for 350K sf HQ ahead of IPO next year," by The Real Deal's Rich Bockmann: "Spotify will soon be looking for New York City digs as large as 350,000 square feet. The Swedish-based music-streaming app, which currently has an office in Chelsea at RXR Realty's 620 Sixth Avenue, hired brokers at JLL to start the search for a new headquarters, sources told The Real Deal. The tenant team hasn't entered the market yet, but when the time comes, they won't be moving to the beat of any slow songs. That's because the assignment, which is for 300,000 to 350,000 square feet, comes with the directive to find a space where the tech company can begin building out its offices by next summer. Spotify, which reportedly has about 140,000 square feet at RXR's property, has been there for only three years, according to CoStar data."

You can find the free version of Sally's real estate newsletter here:

NEW PODCAST -- WNYC's United State of Anxiety -- Inbox: "[T]he series explores and reports on the emotions of the presidential election through the voices of Long Island voters, a purple region in the blue state of NY." -- FIRST EPISODE:

FIRST IN NY PLAYBOOK -- Students at Hofstra University, where the first debate will be on Monday, have started a petition/letter against Donald Trump, as part of the 50 Not Who We Are letter writing campaign. Campaign manager Josh Hendler: "Since the Donald himself is coming to campus, these Hofstra students are standing up and sending a message that bigotry and hatred are not who we as Americans and not who they are as part of the Hofstra community."

OUT AND ABOUT - The Business Council for International Understanding (BCIU) held their US-Africa Business Leaders reception on Wednesday night at the Essex House in NYC hosted by Commerce Secretary Penny Pritzker and United Bank for Africa Chairman Tony Elumelu. SPOTTED : AAR Corp. CEO David Storch, KPMG's Emad Bibawi, Mireya Cisneros, EXIM Bank Chairman Fred Hochbreg, OPIC President Elizabeth Littlefield, Commerce Deputy Bruce Andrews, World Bank US ED Matt McGuire, USTDA Director Leocadia Zak, Former Nigeria President Olusegun Obasanjo, CNN's Zain Verjee, WSJ's Dan Keeler, GE's Jay Ireland, Nelson Cunningham, Morris Reid, Vermeer CEO Mary Andringa, Calum Hill, APR Energy CEO John Campion, and ONE's Jamie Drummond.

--Chris Cuomo was joined by former Secretary of State Madeleine Albright last night at CNN's packed-house "Politics on Tap" in NYC. The full interview was streamed live to CNN's Facebook page and is available on demand. Pic of Cuomo and Albright

SPOTTED: Michael son, Loretta Ucelli, Jim Murphy, Margaret Hoover, John Avlon, David Weigel, Chris Ariens, Harry Houck, Rory Cooper, Sam Feist, Matt Dornic, Guy Horrocks, and of course, the UNGA crowd.

HAPPY BIRTHDAY -- Friday: New York Now managing editor Matt Ryan, Amanda Cox, an NYT graphics editor responsible for some of The Times's most compelling visual journalism - 2013 article on "winning the Internet", de Blasio senior advisor Gabrielle Fialkoff, Patricia Adams, longtime publisher of the Forum News Group, Josh Silverstein, assistant to the president at Rainforest Alliance, Chris Foye, anti-gun violence activist based in Brooklyn, Chris Foye, anti-gun violence activist based in Brooklyn, musicians Bruce Springsteen and the late Ray Charles, and actor Jason Alexander, aka Seinfeld's George Costanza -- SATURDAY: SKDKnickerbocker managing director Mike Morey, former Sen. Schumer's NY comms director (h/t Stephanie Reichin) -- SUNDAY: environmental health advocate Bobbi Wilding and Assembly Speaker Carl Heastie, Sam Biederman, assistant commissioner for communications at the NYC parks department, actor Mark Hamill, aka, Luke Skywalker, and veteran tv journalist Barbara Walters.

THE HOME TEAMS -- POLITICO New York's Howard Megdal: Mets 9, Phillies 8: Addison Reed picked a lousy time to allow his first home run since June. But Jose Reyes undid this mistake with a two-run homer in the ninth. The Phillies scored two in the eleventh. So naturally, Asdrubal Cabrera hit a three-run homer to win it. The victory keeps the Mets tied with the Giants, 0.5 games ahead of the Cardinals, as the three teams battle for two wild card spots.

-- Rays 2, Yankees 0: Incredibly, Gary Sanchez did not homer.

-- The day ahead: the Mets host the Phillies. The Yankees are in Toronto. The Fire visit NYCFC.

#UpstateAmerica: A Webster native and co-owner and executive chef of the Stingray Sushifusion food truck will compete on the reality cooking competition series Hell's Kitchen.

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

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