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POLITICO New York Playbook, presented by PhRMA: 'CLINTON crushes it' -- KATZ'S to Brooklyn -- CUOMO's captive audience

10/14/2015 07:35 AM EDT

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

ABOUT LAST NIGHT -- GLENN THRUSH's "Off Message" column, "Note to Biden: Clinton's alive": "1. Hillary awakens! ... 2. Bernie gave her a free pass. ... 3. O'Malley was the odd man out. ... 4. A Trump-less debate is a smarter debate. ... 5. Clinton did OK on emails - Wall St., not so much. ... 6. Sanders can't handle a gun. ... 7. Chafee and Webb were subatomic." http://politi.co/1GcVHK2

- "Clinton crushes it: But Sanders recovers after a rocky start," by Shane Goldmacher: "The Democratic front-runner showed renewed energy and comfort ... moved with relative ease from swipes against her Democratic rivals to more direct attacks on Republicans. And she succinctly summarized her candidacy when pressed about some of her shifting positions about whether she is a moderate or a liberal. 'I'm a progressive. But I'm a progressive who likes to get things done,' Clinton declared." http://politi.co/1MqgwOP

PACKING AN AUDIENCE -- "Cuomo paid state workers to fill seats at climate speech," by Post's Michael Gartland: "Gov. Cuomo wasn't taking any chances that there might be empty seats at a speech he delivered last week on climate change - so state workers were summoned on the taxpayer dime to fill the audience ... The workers said they left their jobs in the middle of the day Thursday and were paid their full salaries to hear Cuomo at Columbia University announce the state was joining a global effort to reduce greenhouse-gas emissions.

'I'd rather be at the park,' said one of the workers, who is employed by the state's Office of Parks, Recreation and Historic Preservation and who has no connection to climate issues.

He explained that he went because his boss 'asked me to make some time available in my schedule.' The worker confessed that he didn't know what the event was about before he agreed to go. He said attendance is not required, but is viewed favorably, and that the practice is common throughout state government to support Cuomo." http://bit.ly/1RHd4nE

EAT BEAT -- KATZ'S TO BROOKLYN - Times' Florence Fabricant: "The beloved Lower East Side delicatessen has confirmed that it will open its first branch in the DeKalb Market, now under construction in Downtown Brooklyn. ... Anna Castellani, the managing partner for food at the DeKalb Market, a 60,000-square-foot collection of vendors with food stalls, said she considers Katz's to be its anchor. 'This market has to feel like New York,' she said. She has signed up nearly half the 57 vendors that she expects will participate in the market, to open in about a year. Trader Joe's will occupy 18,000 square feet of the space, which is below street level: 1 DeKalb Avenue (Fulton Street), Downtown Brooklyn." http://nyti.ms/1LLv4YN

LEGISLATIVE LEADERS DEFEND EARMARKS - Jimmy reports from a bridge over the Hudson River: Leaders of the state Legislature defended a new earmarking program on Tuesday, brushing off charges that it's "pork" and unfairly distributed to favor the politically powerful. "I always beg to differ," Assembly Speaker Carl Heastie said on a pedestrian bridge leading to Poughkeepsie. "I have a housing development that has a lot of violence. People feel that they need security and want to be protected, so if you want to call putting security cameras in a housing development that has a lot of crime pork, so be it. Give me another ham sandwich."

Assembly Republicans secured $2 million compared to $34 million for their majority colleagues, while members of the Senate's mainstream Democratic conference won no funding at all. Instead, Republicans who controlled that chamber showered money on the Independent Democratic Conference, a five-member faction led by Bronx Sen. Jeff Klein. He secured $11.7 million in funding for projects in his Bronx district, leading some former Democratic colleagues to claim he struck an alliance that kept Republicans in power simply to get more pork.

Senate Majority Leader John Flanagan suggested that money might start flowing to the non-Republican-allied Democrats soon.

"I work well with Jeff Klein. He obviously has a penchant and a talent for picking out good projects in his area, and I'm not going to dissuade him - because I'm certainly not going to do that to any of my other colleagues as well," Flanagan said. "A lot of that transpired before I became the leader. I'm sure we're going to have ongoing discussions about this. I'll be more than happy to take a look at any of the projects that come in. ... All I can tell you is that all the projects are considered on their own merits." http://politi.co/1GGxJBD

THE GOVERNOR'S NEW GUN PUSH - Capital Tonight host Liz Benjamin for POLITICO New York: Clearly shaken by the tragic shooting death of his aide, Carey Gabay, last month, Gov. Andrew Cuomo renewed his focus on gun control, insisting that action at the federal level is the "only way to deal" with random acts of violence. With his comments, in which he initially called for Democrats in Congress to threaten a government shutdown in the absence of a gun control deal, Cuomo prompted reaction from both sides of this controversial debate here at home - a fight that kicked up a notch when he pushed the SAFE Act through the divided Legislature and has been raging ever since.

Gun rights advocates swiftly accused the governor of playing politics and trying to raise his national profile. Meanwhile, those who agree with Cuomo about the need for more gun control worry that his national focus will come at the expense of additional action in New York. A Cuomo spokesman declined to comment on whether the governor has plans to push for additional gun control measures at the state level. And there has been no lack of shootings for Cuomo to respond to right here in New York: Just this past Columbus Day weekend, four shootings took place during a 36-hour span in Albany - at least one of which took place just blocks from the state Capitol.

QUOTE OF THE DAY: "I went to Wall Street in December of 2007 - before the big crash that we had - and I basically said, 'cut it out! Quit foreclosing on homes! Quit engaging in these kinds of speculative behaviors.'" -- Hillary Clinton, via NYT's transcript of the Democratic debate: http://goo.gl/tgG10e

BONUS QUOTE OF THE DAY: "I never took a position on Keystone until I took a position on Keystone." -- Hillary Clinton, via POLITICO's @AnnieKarni: https://goo.gl/C80cnw

TWEET OF THE DAY: After Hillary Clinton said she told Wall Street to "cut it out" before the financial crash of 2008, NYT's @SusanneCraig tweeted, "Hillary Clinton gave three speeches to Goldman Sachs in 2013 and was paid a total of $675,000 for them." https://goo.gl/QILJgM

DISCOVERY OF THE DAY: Subway Book Reviews; it's like Human of New York, but for subway book works. Village Voice's Jackson Connor: http://goo.gl/M3oifq

TABS -- Post: "EXCLUSIVE: PAID TO PLAY: Gov's shills in audience" -- News: "ODOM NEAR DEATH IN SEX DEN" -- amNY: EXCLUSIVE: City to laugh more than 400 community websites today: DIGITAL NABES" -- Hamodia: "Israel Reacts to Palestinian Terror" "Worst Day in Two Weeks of Bloodshed" "Israel Takes Off the Gloves" -- El Diario [translated]: Bond reduction

FRONT PAGES -- NYT, 2-col. above the fold: "CLINTON TURNS UP HEAD ON SANDERS IN A SHARP DEBATE: Says He Isn't Tough on Guns - A Strong Showing as Democrats Face Off" -- WSJNY, 2-col. above the fold: "Court Revives Muslim Lawsuit on Surveillance"

** A message from PhRMA: In 2013 alone, the biopharmaceutical industry invested more than $553 million dollars in clinical trials in New York. Learn more about the economic impact of clinical trials in our communities at http://bit.ly/1O64IWa **

HAPPENING TONIGHT -- "[A]t the Waldorf Astoria, the Conrad N. Hilton Foundation will award Landesa, a Seattle-based land rights organization, with the largest humanitarian prize in the world - the Hilton Humanitarian Prize. Landesa will receive $2 million in unrestricted funding and join the Hilton Prize Coalition, which was established in celebration of the 20th anniversary of the Hilton Prize and is comprised of all 20 Hilton Prize Laureate organizations, including Heifer International, SOS Children's Villages, IRCT and more. Nominations for the 2016 Prize are now being accepted and should be submitted through the Conrad N. Hilton Foundation website before Oct. 31."

SPEED READ -- "Race for Staten Island District Attorney Goes From Quiet to Contentious," by Times' Alex Burns: "The election of a new district attorney on Staten Island was thought to be a contest of little drama or competition: When a sought-after recruit declined to run, Republican leaders seemed to all but concede the fight to Michael E. McMahon, a prominent local Democrat who had served in Congress. Instead, the race has turned - almost by accident - into a contentious campaign, pitting Mr. McMahon against a career prosecutor, Joan Illuzzi, a Republican who until the spring served as senior trial counsel in the Manhattan district attorney's office. Ms. Illuzzi abruptly entered the contest, after cold-calling the chairman of the Staten Island Republican Party to offer herself as a candidate." http://nyti.ms/1PfPHD5

RIP -- "Robert Leuci, 75, Who Exposed Graft Among Fellow Detectives in '70s, Dies," by Times' Sam Roberts: "Robert Leuci, a rogue cop turned informer whose perilous undercover work as a so-called Prince of the City in the 1970s exposed endemic corruption among fellow detectives in an elite New York City narcotics unit, died on Monday at his home in Saunderstown, R.I. He was 75. ... Mr. Leuci's stunning revelations to federal and local investigators belied the claim that even corrupt police officers drew the line at taking dirty money from drug dealers; he told of detectives' reselling the heroin and the cocaine they had seized.

Twice Mr. Leuci was nearly killed when he was suspected of informing, and after he testified he had to be guarded in a witness protection program before re-emerging as a crime novelist." http://nyti.ms/1Mz3xyX

JEFFRIES QUESTIONS DE BLASIO'S NATIONAL ASPIRATIONS, NON-ENDORSEMENT - POLITICO New York's Laura Nahmias: Democratic Rep. Hakeem Jeffries appeared at a press conference Tuesday in front of the City Hall steps with Reps. Greg Meeks and Yvette Clarke at City Hall to formally endorse Hillary Clinton for president. Jeffries, a rumored 2017 mayoral candidate, sharply questioned de Blasio's political judgment in waiting to endorse Clinton, as well as his involvement in planning a presidential forum in Iowa , intended to spotlight candidates' positions on economic inequality."It's not clear to me... that a town hall meeting in the cornfields of Iowa has anything to do with the quality of life of everyday New Yorkers," he said. "We've got income inequality here, we've got an affordable housing crisis here, we've got a homeless crisis here. But who am I to advise anyone else as to how to conduct their politics." http://goo.gl/Yx1dUm

-- WSJ's Josh Dawsey: Ken Sherrill, a professor emeritus of political scientist at Hunter College, said of de Blasio, "It's like someone who painted himself into a corner. Having made a strategic error, he doesn't know how to get out of the situation he's in. He doesn't have any kind of easy out. He runs the risk of becoming a punch line. It's so strange that he's just sitting there, waiting, waiting, waiting." http://goo.gl/zbfvPV

DE BLASIO'S FIRST TOWN HALL AS MAYOR -- Associated Press: "New York City Mayor Bill de Blasio will hold the first full-fledged town hall of his term. A mayoral spokesman says Tuesday that attendees were largely invited by local community groups. About 250 people are expected to attend. The Democrat who took office last January will appear in the upper Manhattan neighborhood of Washington Heights Wednesday evening. Officials say the hour-long town hall will include discussion of tenant issues and the recent rent-freeze for rent-stabilized apartments. The area around Washington Heights and Inwood has 53,500 rent-stabilized apartments, the most in the city." http://goo.gl/jzYyCx

-- Flashback: Newsday, May 2015: "De Blasio, unlike past mayors, avoids public Q&A with New Yorkers" http://goo.gl/Q8smGv

CITY LAUNCHES NEIGHBORHOOD WEBSITES -- amNY's Ivan Pereira: "The city will launch neighborhood.nyc today with more than 400 specific domains for places like Bay Ridge, Astoria, the East Village and other areas in the five boroughs, that provide open data info in an easy-to-use webpage. ... The information available on neighborhood sits include: building permits, street closures, construction, restaurant inspections and contact information for the precincts and elected officials in the area ... and available in 13 languages." http://goo.gl/wc7Yd8 [page 3]

NYPD MUSLIM SURVEILLANCE CASE REINSTATED -- POLITICO New York's Colby Hamilton: A federal appeals court revived a discrimination case against the New York Police Department over its surveillance of Muslims in New Jersey after the 2001 terrorist attacks in the city, saying the plaintiffs have standing to sue the department for violating their religious and equal-protection rights.

In a blistering rebuke Tuesday of many of the city's arguments for dismissing the case, the Third Circuit's decision paralleled many of the concerns raised by the plaintiffs with some of the largest civil rights issues of the last century. "Lurking beneath the surface [of the case] ... are questions about equality, religious liberty, the role of course in safeguarding our Constitution, and the protection of our civil liberties and rights equally during wartime and in peace," Judge Thomas Ambro wrote in the decision. ... "[E]ven if NYPD officers were subjectively motivated by a legitimate law-enforcement purpose (no matter how sincere), they've intentionally discriminated if they wouldn't have surveilled Plaintiffs had they not been Muslim," the court noted at one point in its brief. http://goo.gl/F9U8K9

-- WSJ's Thomas MacMillan: "NYPD's deputy commissioner for legal matters, said the police did nothing wrong. 'We're going to defend the case vigorously and we expect to win on the merits." http://goo.gl/MjFjKZ

-- Fallout: The ruling focuses on the NYPD's activities under the prior administration, but is being fought by the city's lawyers in the current administration of Mayor Bill de Blasio. Since running for mayor, he has vowed to curtail what he described as aggressive police activities that are illegal, or, at a minimum, drive a wedge between police and local residents. The city's fight against this lawsuit also undercuts a key theme de Blasio has sought to highlight: that safety can be increased when intrusive tactics are replaced by stronger communication between police and residents. He told new police cadets in Queens last week, to "be an example of a simple concept: safer streets through stronger bonds."

Baher Azmy, the legal director for the Center for Constitutional Rights, which helped bring the lawsuit forward, said in a statement, "There is no Muslim exception to the Constitution" and "This case of religious profiling is the other side of the stop-and-frisk coin, yet the de Blasio administration, which won the election on a platform of police reform, still defends this form of outright discrimination against Muslims."

Councilman Brad Lander of Brooklyn, who has worked on police surveillance issues, welcomed the court's decision. In a statement to POLITICO New York, Lander said, "there is strong reason to believe that undercover NYPD offices spied on Muslims -- without any specific lead -- in their mosques, restaurants, student associations, and even canoe trips. The Third Circuit did the right thing in reinstating the Hassan case. If there were real leads, the NYPD should demonstrate that at trial." He added, "If there were not, and there is nothing justifying the surveillance beyond religion and ethnicity, then the program must be reformed to comply with the Constitution." -- Azi

TABLOID WARS: Tina Moore , the veteran News reporter covering the NYPD was hired away by the Post. Moore, who previously covered City Hall, alerted friends and colleagues to the news with an update on Facebook around 5 p.m., that said simply, "Started Working at New York Post." https://goo.gl/3Aj7Hm The move comes after a round of lay-offs at the News, whose publisher said they are focusing their efforts to capture news consumers who are migrating from the paper to the web: http://goo.gl/Jfvxbx -- Azi

NEW JOB: Chris Canning, formerly Acting Chief of Staff at the Office of Personnel Management and a veteran of the DNC and Obama 2012, has been hired as a senior vice president with DKC Public Relations, Marketing & Government Affairs. Canning, who started this week, will work out of the firm's office in D.C. and focus on public policy and political issue advocacy.

BIRTHDAYS: Justin Brannan, deputy director of intergovernmental affairs at the city's Department of Education; head of the Bay Ridge Democrats; semi-retired rock star and tattoo inspirer ... Alan Paul Katz, an aide at the City Council and ... Marc Dunkelman, a Clinton Foundation employee and unabashed policy wonk. SNL's Obama impersonator, Jay Pharaoh, is 27 ... Yankees manager Joe Girardi is 51 ... and designer Ralph Lauren is ... timeless.

THE HOME TEAMS -- POLITICO New York's Howard Megdal: Dodgers 3, Mets 1: Former Met Justin Turner, seen here responding to an anonymous Mets smear of him back in 2014, did so on the field Tuesday night, contributing a two-run double and smothering a Mets rally by handling a sharp Wilmer Flores liner in the seventh inning. The Mets and Dodgers are tied 2-2, with decisive Game 5 Thursday in Los Angeles, Zack Greinke against Jacob deGrom.

-- From POLITICO New York: a look at Terry Collins, the right manager for these particular Mets. http://goo.gl/5kXsRC

-- The day ahead: The Red Bulls are in Toronto, and can clinch the Eastern Conference title.

#UpstateAmerica: A history teacher in Hudson Falls is spending his retirement refurbishing cannons. http://bit.ly/1OAoPMF

** A message from PhRMA: Every day in New York, countless people fight life-threatening diseases. Their bravery inspires countless researchers and scientists across the country in their quest to develop medicines that help patients live longer, healthier lives. Here in New York, the biopharmaceutical industry has invested more than $553 million during the 2,476 clinical trials that took place in 2013 alone. Each step brings us closer to a cure. To learn more, please visit http://bit.ly/1O64IWa **

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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