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POLITICO New York Playbook, presented by Nuclear Matters: SILVER's case -- ELECTION guide -- METS lose in 5

11/02/2015 07:19 AM EDT

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

IN SILVER CASE, IT'S LAWMAKER VS. LAWYER -- POLITICO New York's Colby Hamilton: U.S. Attorney Preet Bharara explained to an audience on hand recently at the 92nd Street Y why white collar cases posed a unique challenge for prosecutors. In many other types of criminal cases-Bharara used the example of a shooting-prosecutors aren't focused on proving a crime occurred, only that the person accused of committing a crime actually did it. In the case of white-collar crime, Bharara said, the prosecution "need not only prove-and it can be difficult-that the person you've charged committed a crime, but that a crime was committed."

"To prove that, you have to get inside the mind of the person and you have to prove that the state of mind of the person who was alleged to have committed the crime was a corrupt one," Bharara said. As the corruption trial of former state Assembly speaker Sheldon Silver begins this week, prosecutors will work to overcome that hurdle, as well as recent precedent. http://politi.co/1PenPxW

-- NYT: "[T]he Culture of Albany Will Go on Trial." http://goo.gl/pjHZXD

-- The context, from Times' reporters Susanne Craig and William K. Rashbaum: "For more than two decades, Mr. Silver and, for a lesser period, Mr. Skelos, have presided over the machinery making up, along with the governor, the so-called three men in a room who have historically controlled much of the state's policy and legislative and budgeting decisions. The two trials - Mr. Silver's case is to begin on Monday with jury selection, and the case against [State Sen. Dean] Skelos, who is going on trial with his son, Adam, is scheduled to start on Nov. 16 - could run as long as six weeks each, so they will probably overlap for about a month. Never before have two lawmakers of their stature gone on trial at the same time in New York. ... This focus on Albany has already had a chilling effect in the Capitol and contributed to what was an anemic legislative session this year. Some lawmakers said this occurred, in part, because of their concern that investigators may view the normal, transactional nature of politics in Albany as crimes of corruption. And some lawmakers complain privately that the federal scrutiny has tainted the state's many honest public servants." http://nyti.ms/1PfmFlR

-- Here is the list of potential witnesses. http://bit.ly/1LrXfCb

-- "It's not good for anybody," Senate Majority Leader John Flanagan, a Suffolk County Republican who succeeded Skelos, told reporters on Friday. "I think our members in both houses in both parties try extraordinarily hard to be in the right place, not to get in harm's way, to maintain their integrity and to do the right thing for the people they represent." http://stargaz.tt/1PfjHxM

PIC OF THE DAY: Chuck Schumer and Al D'Amato at the Mets game. http://bit.ly/1Pfkoak

QUOTE OF THE DAY: "If they do this, one small piece of the tale of two cities will be in the past." -- Councilman Robert Cornegy, on a proposal to test all pre-kindergarten students for gift and talented programs, via News: http://goo.gl/tKXwAw

STATS OF THE DAY: "During his 22 months in office, de Blasio has spent 33 weekdays taking nonofficial trips as far away as Italy and California, according to a Post analysis of his mayoral schedules and other records. By contrast, Mayor Mike Bloomberg spent just 19 weekdays on the road for anything other than official city business during a comparable time in office, from January 2002 through October 2003." -- Post's Rich Calder: http://goo.gl/ljLkp1

TABS -- Post: "Mets blow it again, lose World Series: AMAZIN' DISGRACE" -- amNY: "Mets cough up lead, los in 12th as KC wins World Series: YA GOTTA BEREAVE" -- Newsday: "YA GOTTA BEREAVE" -- Metro: "Meet Bushwick's RENT-A-MOM: Nina Keneally mothers millennials in Brooklyn with advice and chicken soup - but not laundry" -- Hamodia: "Federal Report Card: NY Students See Math, Reading Scores Slip" -- El Diario [translated]: The coach of the Mets is under fire for change of pitchers in the World Series: The sins of Collins

FRONT PAGES -- NYT, 1-col. above the fold: "ALBANY CULTURE IS PUT ON TRIAL IN GRAF CASES: Of Money and Politics: Charges for Silver and Skelos Bring Scrutiny to the Capitol" -- WSJNY, 2-col. above the fold: "Anguish in Bronx After Deadly Halloween Crash"

** 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. **

EAT BEAT -- "Parsing the Newest Trends in New York Pizza," by Grub Street's Robin Raisfeld and Rob Patronite: "It's not just about New York versus Neapolitan anymore. ... Chicago Thin Crust: Emmett's ... Bread Baker's: Mission Chinese Food ... No-Droop Neo-Neapolitan: L'Amico ... Modernist DIY: Bruno Pizza ... Iconic Italian Dish as Pizza: GG's." http://grb.st/1Oivpcl

SOURCE: Cuomo said his priority is to 'save New York City': News' Ken Lovett: "Gov. Andrew Cuomo, who has been feuding with Mayor de Blasio, recently told a group that one of his top priorities now is to 'save New York City,' the Daily News has learned. Cuomo made the comment several weeks ago at a private event for his fund-raising committee, according to sources who were in attendance and another who was told by two people who were there.

-- Addressing the committee, Cuomo said a primary focus is on infrastructure, particularly the rebuilding of LaGuardia Airport and the Tappan Zee Bridge and the improvement of the MTA system. 'He said his second priority is to 'save New York City,' one source said ... 'The governor feels the attack the mayor made in July was so personal and so ad hominem that he could never be forgiven,' said the first source." http://goo.gl/3wa46F

-- Earlier: http://politi.co/1MUzHk8

A GUIDE TO TUESDAY'S ELECTIONS - POLITICO New York's Bill Mahoney: Though 2015 falls in the quietest part of New York's four-year election cycle, dozens of high-profile positions will be filled in Tuesday's election. Voters will cast ballots for numerous county executive, district attorney and mayoral offices, and five vacated state legislative seats will be filled via special election. Voters in one Sullivan County town will decide whether to end Prohibition and an incumbent Southern Tier mayor is hoping to be the first politician in the state to win an election while running only on Rob Astorino's Reform Party line. Here's a guide to some of the races worth watching. http://politi.co/1iwu7My

-- A Siena Research Institute poll released Saturday found a virtual dead heat between Madeline Singas and Kate Murray in the race for Nassau County district attorney. http://nwsdy.li/1PfhjXT

DE BLASIO'S CLINTON TIMING: NOT SLOW ENOUGH? -- Katrina Vanden Heuvel, for The Nation: " By making this endorsement, de Blasio gets on the Clinton team and closer to the inner circle (although that circle includes folks closely allied with some of his rivals). That's good for him, good for New York, good for an urban agenda.

"But there's a downside : Clinton has already shown a willingness to move on big economic issues (trade, banks, etc.), and it is because of pressure not just from Senator Bernie Sanders but also from Senator Elizabeth Warren and people like de Blasio. Keeping that pressure on at this point is critical. If Clinton decides she has done enough, she may well not move on any more issues. She may begin to backtrack." http://bit.ly/1M4QZLz

THE MAYOR'S PEP TALK -- de Blasio gives Mets motivational speech comparing team to '04 Boston Red Sox: De Blasio took to Twitter to rant about the "magic" he witnessed in 2004 when the Red Sox battled back against the Yankees and implied the 2015 Mets could do something magical by coming back against the Kansas City Royals in this year's Fall Classic. READ THE TWEETS: http://bit.ly/1k3xagV

WHY SHE QUIT: Few meetings with de Blasio, didn't prioritize homeless problem -- Post's Aaron Short: " The city's top official on health and homelessness quit because she was tired of being ignored by a mayor more interested in boosting his national profile than attending to the city's day-to-day concerns, sources said. Deputy Mayor Lilliam Barrios-Paoli worked for five mayors and oversaw seven city agencies under Mayor de Blasio - but she couldn't get meetings with him ... Frustrated by her declining ­access and inability to get initiatives green-lighted, the 70-year-old former nun announced her resignation on Aug. 31, shocking the advocacy community. 'She was fed up' ... 'She wasn't able to do her job.' As the exploding homeless problem began capturing headlines over the summer, Barrios-Paoli said, 'I told you so. If you're not going to listen to anything I say, I'm out,' according to the source." http://bit.ly/1LKKKP5

CITY REPORT REVEALS PENSION FUND MANAGERS' FULL FEES -- POLITICO New York's Laura Nahmias: Money managers who handle funds in the city's $162 billion pension fund earned $708 million in fees last fiscal year, a figure that for the first time includes not only the base fee managers typically earn and their managerial expenses, but also the "incentive fees" many asset managers also earn but have not been required to disclose until now.

-- The new figures, revealed Friday in the city's comprehensive annual financial report released by city Comptroller Scott Stringer, are the outgrowth of increased disclosure requirements Stringer sought earlier this year from fund managers, on behalf of the city's 715,000 pension plan enrollees. The comptroller's office has for years included an accounting of the amount of money pension managers earn from handling city investments, including the base fees managers earn regardless of how the investment performs, and the expenses managers charge for things like office space and other overhead costs. But prior to this year, Stringer's office said, the city's accounting methods did not require fund managers to report the so-called "incentive fees" they earned when investments performed well. http://politi.co/1PZvKAV

UNION RAMPS UP AGAINST BK LIBRARY PLAN - POLITICO New York's Sally Goldenberg: "Unions are ramping up their opposition to the proposed redevelopment of the Brooklyn Heights Library - a project that includes high-end condos and off-site, rent-regulated apartments. A coalition of labor groups knocked on residents' doors over the weekend, hoping to measure and sway community sentiment on the project, which the New York City Planning Commission is set to vote on Monday. The commission is all but certain to approve the plan, which has the backing of the de Blasio administration and the local community board. The project has yet to secure the crucial support of the local city councilman , Steve Levin, who is likely to determine its fate when the proposal comes before the City Council for a final vote in December." http://politi.co/1k3Eh9d

DE BLASIO PROMISES SUPPORT TO FILM AND TV INDUSTRY -- POLITICO New York's Laura Nahmias: Mayor Bill de Blasio and more than a dozen technology and media industry leaders met in the Blue Room at City Hall late last week for a roundtable brainstorming session on how the city can do more to attract top tech talent and bolster its increasingly robust film and television production industry. "[De Blasio] kicked it off with pretty strong call to say, 'We're open for business for as much of the tv and film money that we can get," AppNexus C.E.O. Brian O'Kelley said. Several of the meeting participants praised the city, which has become, in some ways a better environment for film production than Los Angeles. But they also sought de Blasio's help. They asked him to press for an expansion of the state's film and television production tax credit to cover unscripted television series (it currently only covers scripted shows) and they said the city could do more to market itself as a locus of film production and tech innovation. http://politi.co/1PZvAcG

FIGHTING UBER - Times Union's Lindsay Ellis: "As Uber Technologies Inc. promotes its app for connecting customers with drivers across the state, local cab owners are discussing how to best navigate potential disruption from so-called "ride-sharing" companies. Taxis are jostling to advocate for their interests and remain competitive, and competing area taxi owners have had conversations that they call unusual but necessary. Services like Uber connect drivers and ride-seekers through a smartphone application. Drivers use their own car to transport passengers from place to place, and payment occurs virtually. Owners said they are considering such measures as staging a protest or hiring a representative to offer their interests to legislators. They may write letters to lawmakers, too, said Bret Peek, owner of Capitaland Taxi. 'We kind of woke up,' Advantage Transit Group President George Deutsch said. 'We're not going to be able to fight it individually. We're going to have to fight it together.'" http://bit.ly/1PfpVgW

JOHN LINDSAY DAY -- Fifty years ago today, John Lindsay was elected mayor of New York City. Here is a brief reading list of the 103rd mayor of New York City. -- Azi

- "America's Mayor: John V. Lindsay and the Reinvention of New York," edited by Sam Roberts: "In 1965, Lindsay was elected because, as a candidate, he had promised changed - change for the better. If history has held him, fairly or not, to a higher standard since then, it was, in part, because he had dared New Yorkers to buy into his dream. Given the alternatives, they gambled that he would deliver Ironically, two of his greatest legacies, the talent he would attract to government and the pivotal role he would play in saving the city from the ravages of rioting, had barely been contemplated during his first mayoral campaign."

- "A Political Life: The Education of John Lindsay," by Nat Hentoff: "We're always battling time ... I am avoiding as many luncheons and dinners as I can. A lot of people have been annoyed because they've never been turned down before..." - Lindsay to the author

- John V. Lindsay: 50th Anniversary Commemoration: "He loved his youthful staff, and it is difficult to imagine that a young staffer could have had a better boss." - Jay Kriegel

- "The Ungovernable City: John Lindsay and His Struggle to Save New York," by Vincent Cannato: "John Lindsay was often compared to John Kennedy. On the surface, the similarities were striking ... Yet the similarities ended at the surface."

MEDIA MORNING -- "Henry Blodget's big plans for Business Insider," by Joe Pompeo: "Henry Blodget spent the past eight years transforming Business Insider from a scrappy three-man show into a new-media heavyweight ... He will spend the next five trying to make it a global financial-news powerhouse with a subscription component, regional editions throughout Europe and Asia, a headcount that could top 1,300 by the end of 2020, and maybe even a television presence. 'The financial publication of record for the digital generation' is how Blodget described his vision ... (Neither The Wall Street Journal nor The Financial Times had a comment when asked what they thought about that.) Business Insider these days lives in a 40,000-square-foot, two-story command center with a well stocked commissary and the requisite ping-pong annex-the type of modern, open-concept office where standing desks and transparent-glass dry-erase walls are conspicuous." http://politi.co/1k3CaCi

THE TALK OF WALL STREET - HP Enterprise's Meg Whitman to ring the NYSE opening bell this morning - release : "Today, following its separation from Hewlett-Packard Company, Hewlett Packard Enterprise (NYSE: HPE) debuts as an enterprise technology leader with $53 billion in annual revenue, the most comprehensive product portfolio in the industry and a unique vision for the future of technology and its benefits for enterprise customers. To mark this milestone, Hewlett Packard Enterprise representatives including President and Chief Executive Officer Meg Whitman, as well as partners and customers will come together to ring the opening bell at the New York Stock Exchange, where the company will begin to trade under the ticker 'HPE'." http://bit.ly/20ndtRJ

HILLARYWATCH -- "Hillary Clinton's Press Operation Gets an Overhaul," by Times' Maggie Haberman: "Clinton's press shop ... is adding staff members and reshuffling existing personnel as it prepares for the final months of the nominating contest and the general election. ... Mrs. Clinton's communications team is arguably the most overworked unit on the campaign. Zac Petkanas, a former communications director for Harry Reid and the liberal watchdog Media Matters, will join the campaign as the new director of rapid response ... The person currently doing that job, Christina Reynolds, a veteran of opposition research, will be promoted and given the title of deputy communications director ... Josh Schwerin, who has been handling issues related to campaign finance as well as rapid response, will formally become Mr. Petkanas's deputy. Among the biggest changes has been the departure of Diane Hamwi, a longtime aide to Mrs. Clinton who had been handling some of the duties related to surrogates ... Adrienne Elrod, a well-respected communications aide who worked on Mrs. Clinton's 2008 race, is being promoted to head of surrogate operations." http://nyti.ms/20msfbg

HAPPENING TOMORROW - "[T]he International Centre of Sport Security (ICSS) is set to kick-off Securing Sport 2015, its annual marquee conference, at the Harold Pratt House in New York City. This two-day summit will convene top leaders in sports, media, business, law and government to discuss sport security and integrity issues. ... Speakers include: Condoleezza Rice (66th U.S. Secretary of State), Eric Holder (former U.S. Attorney General), Sunil Gulati (President U.S. Soccer), Francois Carrard (2016 FIFA Reform Committee Chair), Tokyo Sexwale (FIFA Presidential Candidate), Doug Ducey (Arizona Governor) and Bill Bratton (NYC Police Commissioner)." www.theicss.com ... http://bit.ly/1MBclpx

REAL ESTATE -- AIR STRIKE-"City Council, Airbnb executives spar during contentious hearing," by POLITICO New York's Sally Goldenberg and Gloria Pazmino: "For more than an hour on Friday, members of the City Council and a top executive from Airbnb sparred during a hearing about proposed regulations and fines the Council wants to impose on the short-term rental company - one the members insist is cutting into the city's stock of rent-regulated apartments. But after the contentious hearing, in which several Council members shouted at executive Chris Lehane and occasionally left the room in a huff, the two sides agreed to try to make peace. Lehane, head of global policy for Airbnb, and Councilwoman Helen Rosenthal, spoke briefly and decided to talk in person by Thanksgiving. Lehane said either he or another company executive would meet with Rosenthal, who has emerged as one of the top Airbnb critics in the left-leaning legislative body, to discuss the data she is seeking. ... The crux of anger directed at the company from Rosenthal and Councilman Jumaane Williams, who chaired the committee hearing, comes from their belief Airbnb does not regulate its hosts who use the service illegally." http://politi.co/1NKugXQ

RED-HOT MORTGAGE CONTROVERSY-"'Redlining' Home Loan Discrimination Re-emerges as a Concern for Regulators," by Times' Rachel L. Swarns: "The green welcome sign hangs in the front door of the downtown branch of Hudson City Savings Bank, New Jersey's largest savings bank. But for years, federal regulators said, its executives did what they could to keep certain customers out. They steered clear of black and Hispanic neighborhoods as they opened branches across New York and Connecticut, federal officials said. They focused on marketing mortgages in predominantly white sections of suburban New Jersey and Long Island, not here or in Bridgeport, Conn.

"Outlawed decades ago, redlining has re-emerged as a serious concern among regulators as banks have sharply retreated from providing home loans to African-Americans in the wake of the financial crisis. ... The Justice Department now has more active redlining investigations underway than at any other time in the past seven years, officials said." http://nyti.ms/1NKuEpn

THE HOME TEAMS -- POLITICO New York's Howard Megdal: From POLITICO New York: On David Wright, hardest-working Met, and why the only reason to bet on his future is David Wright himself. http://politi.co/1RIGDnY

-- Royals 7, Mets 2: After eight shutout innings, Matt Harvey begged into the ninth, ran into trouble. Terry Collins summoned Jeurys Familia, who induced a soft grounder to third with two out and Eric Hosmer on third base. David Wright threw the runner out at first, Hosmer broke for home, and Lucas Duda threw wide. The Royals tied the game, and won it in the 12th. The Mets had a fantastic run from August 1-late October. But the defensive lapses and offensive futility proved too much to overcome in the World Series.

-- Red Bulls 1, DC United 0: In the road leg of the Eastern Conference playoff matchup with DC United, Dax McCarty's header put the Red Bulls in great position heading into the second leg next Sunday at Red Bull Arena.

-- Saints 52, Giants 49: Drew Brees threw seven touchdown passes, and an incredibly ill-advised facemask call put the Saints in position to kick the game-winning field goal.

-- Raiders 34, Jets 20: Derek Carr's four touchdown passes battered the Jets' defense.

-- The day ahead: The Nets host old friend Jason Kidd and the Bucks at Barclays. The Knicks welcome the Spurs to The Garden.

#UpstateAmerica: SUNY Geneseo established a hotline for offensive Halloween costumes. http://on.rocne.ws/1GFBWv4

** 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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