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Bronx Council Member Preparing to Again Challenge Incumbent State Senator


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City Council Member Cabrera (photo: William Alatriste)


City Council Member Fernando Cabrera is preparing for a rematch with incumbent State Senator Gustavo Rivera in the 33rd Senate District in the Bronx, according to sources familiar with Cabrera’s intentions.

Cabrera did not have an easy go of things when he first challenged Rivera in the 2014 Democratic primary. Reports by various publications highlighted Cabrera’s connections to extreme anti-gay groups like The Family Research Council, his praise of Ugandan anti-gay laws, and his conservative voting record.

Cabrera lost the 2014 primary by 20 points. He told The Observer that he believed his loss was due to “the liberal media.” 

“He had the mayor, he had the borough president, he had county, he had all the unions, he had liberal media, he had the LGBT community–what was left?” Cabrera said, according to The Observer. “It was absolutely unfair. I think [the media] was very biased. It was clear, every time we tried to put our message out, it was not being put forth correctly or misrepresented.”

According to five sources familiar with his intentions, Cabrera plans to again challenge Rivera this year - a move that is causing tension with the Bronx Democratic County Committee, whose leaders were hoping to maintain peace between their elected Council member and senator.

Cabrera and his office did not respond to multiple requests for comment. He is in the midst of his second four-year term as a Council member and can run for one more in 2017. State Senators serve two-year terms and have no term limits.

“Whatever decision [Cabrera] makes the results from the last election are what they are, and I’m not sure they could be any different,” said Assemblymember Marcos Crespo, who heads the Bronx County Democratic Committee.

Asked whether he shares concerns voiced by other insiders that the time and resources of both elected officials, Cabrera and Rivera, would be better spent representing their shared constituents rather than battling each other, Crespo replied; “I would agree with that statement.”

Rivera said that while he welcomed all challengers he is taken aback by Cabrera’s candidacy because he thinks Cabrera’s beliefs fly in the face of those of Senate Democrats.

“Since I defeated Pedro Espada in 2010 I’ve been working consistently to return the Democrats to the Senate Majority, I’ve been fighting for my constituents, for tenants rights, for equality. We saw before how the Democratic majority was undone by a backroom deal,” Rivera said. “My opponent is someone who changed registration from Republican to Democrat, is anti-choice, anti-women, has dangerous views on the LGBT community, and has taken major donations from landlords while the rent laws are up [for reauthorization] next year.”

Rivera said he feels that Cabrera is the kind of politician who could jeopardize a Democratic majority, which the party is hoping for through this fall’s elections.

“We want to make sure when we get to the majority we can can do the right thing, and this endangers that,” Rivera said of Cabrera’s challenge.

Rivera is seen by many as an outsider to the Bronx County Democrats. He has openly clashed with Sen. Ruben Diaz, Sr., who holds conservative views similar to Cabrera’s, and has warred with Independent Democratic Conference leader Sen. Jeff Klein over Klein’s decision to split from mainline Democrats and essentially give Republicans rule over the chamber (even after Democrats won a numerical majority).

Rivera was further seen to have rankled the county machine when he supported his chief of staff, Katrina Asante, in the race to replace Sen. Ruth Hassell-Thompson, who was recently hired by the Cuomo administration, creating an open seat. County Democrats have rallied behind District Leader Jamaal Bailey, who is seen as a protege of Assembly Speaker Carl Heastie, who has endorsed him. Asante officially dropped her bid on Wednesday.

Norwood News reported in April that some involved in Bronx politics see Hassell-Thompson’s hiring and Heastie’s endorsement of Bailey as an undemocratic conspiracy parallel to the backroom maneuvering that allowed Bronx County Democrats to replace former Bronx County District Attorney Robert Johnson on the ballot with Darcel Clark, a Heastie ally.

Crespo refuted the idea, telling Norwood News, “The notion that the only way Senator Ruth Hassell-Thompson could get something is by somebody asking, that’s nonsense. People either have too much fun believing somehow running strings everywhere."

While some insiders say Asante faced trouble raising funds due to Heastie’s support of Bailey, most insiders Gotham Gazette spoke to said they see Cabrera’s planned challenge to Rivera as unrelated.

During his last run for Senate, Cabrera voiced interest in joining Klein in the IDC and appeared to benefit from many of Klein’s donors. This year, with control of the Senate extremely tenuous, it appears unlikely the IDC will get involved in the race.

Gary Axelbank, a political observer and host of BronxTalk, said that he sees Cabrera’s run against Rivera as a boon for constituents. “When two elected officials from one district oppose each other, it's very healthy for constituents to have that sort of high-level choice. It speaks to the best of our participatory democracy.”

However, Axelbank noted that Cabrera turned down his invitation to a televised debate with Rivera in 2014. “We invited Councilman Cabrera to participate in a debate the last time these two ran against each other, but he declined to participate, which we found to be very disappointing. We plan to invite both the candidates to debate again this summer and we hope and expect that Councilman Cabrera will join us so that the voters have the best chance to make their choice."

Meanwhile, Rivera is not hiding the fact that he takes Cabrera’s challenge as an affront to not only his work but the work done by all elected Senate Democrats to win back the majority from Senate Republicans.

“It's more than a little offensive that this person is more interested in his political future than serving our constituents,” Rivera said.

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by David King, Albany editor, Gotham Gazette
     

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Cuomo Launches End-of-Session Addition to Stagnant Ethics Agenda


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Gov. Cuomo on Wednesday (photo: Kevin P. Coughlin, Governor's Office)


Last year, with ten days remaining in legislative session and confronted with a major ethics reform proposal from Attorney General Eric Schneiderman, Gov. Andrew Cuomo told reporters, "Let me make this as a blanket statement: It is late in the day for anything.”

On Wednesday, with only four days remaining of this year’s legislative session, Cuomo announced a new prong to his ethics reform agenda: an ambitious plan to better regulate the activities of political action committees and limit the impact of shadowy independent expenditures that he says are all too often not actually independent from the candidate they are supporting.

It is a late addition to a fairly long reform agenda the governor has done little to publically support.

After outlining his government ethics and campaign finance reform agenda is his January State of the State address, Cuomo has now held one public event dedicated to reform in the last five months. Speaking at Fordham Law School in Manhattan, Cuomo told the mid-day crowd that “the state Legislature is in session and they are in session until next week. They have plenty of time and they can lead this effort to reform or they can perpetuate the status quo.”

Speaking in bold terms, Cuomo announced an assault on the Supreme Court’s Citizens United decision, which found political campaign spending to be free speech, allowing a flood of outside groups, or independent expenditure committees (Super PACs), to spend limitless amounts of cash on elections across the country. The court did not rule limits on candidate campaigns unconstitutional, but did allow a system to flourish whereby affiliated, but “independent” groups can virtually circumvent those limits.

Decrying the influence of money and the monied on politics and resulting voter alienation that has occurred, Cuomo first unveiled an opinion from his counsel, Alphonso David, instructing state enforcement agencies on how to determine coordination between independent expenditure campaigns and candidates. Cuomo also outlined a bill that would create new regulations, transparency, and restrictions on independent expenditure campaigns that would look to prevent candidates from having direct control over Super PACs by appointing their allies to head them.

The governor made his announcement in New York City rather than in Albany where legislators were in session and appeared to reference Mayor Bill de Blasio, whom he has an ongoing feud with, on several occassion. Once of which was when he said to reporters after the event, “The press asks a politician, ‘are you going to set up an independent expenditure committee,’ and the politician will say, ‘I’m thinking about it.’ You basically asked if somebody is going to commit a crime, and the person said, ‘I’m thinking about it.”

The governor may have been referencing an answer de Blasio gave WNYC’s Brian Lehrer when asked if he was planning to utilize such a group in his 2017 reelection campaign. “Independent means independence,” Cuomo said Wednesday. “You would have to be an independent entity that is not associated, or affiliated, or cooperating, or facilitating with any candidate or any other group.”

When asked, Cuomo said he wasn’t focused on de Blasio. He also declined to provide examples of what led to his new action, saying that he did not want to accuse anyone of a crime, but that his office would provide examples.

The apparent reference to de Blasio, the incessant feuding between the two, de Blasio’s use of political nonprofits to boost his agenda, and Cuomo’s at times vague language led to some confusion about whether the governor’s new push would target issue advocacy campaigns like The Campaign for One New York, a group founded by de Blasio allies and lobbyists to further the mayor’s agenda. That group is currently under federal investigation as it closes down amid controversy.

Cuomo had a similar group called the Committee to Save New York that took money from business groups to lobby for the governor’s agenda. That organization shut down in early 2013 after calls for disclosure.

While Cuomo said after his speech that such groups would be included in what he was proposing, materials provided by the administration appear to show the governor’s legislation will only focus on independent expenditure groups that operate during electoral campaigns.

A Cuomo administration official later told Gotham Gazette that it would apply to groups that engage in political activity and that the administration is not prejudging what any group might do. Brent Ferguson of The Brennan Center for Justice said that he believed Cuomo’s legislation would only cover nonprofit advocacy groups, a certain class of 501(c)4s, if they engage in “political activity” during campaign season. Throughout his controversial use of The Campaign for One New York, de Blasio repeatedly pointed to it being in support of an agenda, rather than a candidate (so not technically a Super Pac). The group was of course supporting de Blasio’s agenda, though not exactly his reelection effort.

The bill does appear to have bearing to another of the several investigations targeting de Blasio. The United States Attorney is reportedly looking into whether a group opposing horse carriages in Central Park coordinated with de Blasio to attack mayoral candidate and former City Council Speaker Christine Quinn.

Cuomo has enjoyed the backing of charter school and real estate groups that frequently use independent expenditure campaigns to boost their candidates. While Cuomo railed against the Citizens United decision, he said that within its constraints states could act to limit the impact of independent expenditures by cracking down on illegal coordination. He also said he wants to see Citizens United overturned.

The timing of Cuomo’s new push confuses and frustrates some reform advocates. They say Cuomo hasn’t rallied public support for his proposals to limit outside income for legislators, create a public campaign finance system, or to close the LLC loophole - all parts of his reform agenda unveiled in January.

Cuomo unveiled a package of eight bills designed to close the limited liability companies loophole late last month. The bills provided limits on donations from LLCs to various combinations of elected offices - the Governor was covered by all of them. They also require more disclosure from LLCs.

Advocates see independent expenditures as a minor issue in New York where Super PACs are not rampant in state elections. “Independent expenditures tend not to be particularly as big in New York as say the LLC Loophole or housekeeping accounts,” said Blair Horner of The New York Public Interest Research Group, referring to political party accounts not subject to the same campaign finance limits as candidate campaigns. “Here at the end of session I think lawmakers should be focused on ending corruption and this connects in the most tangential way.”

Dick Dadey, executive director of government reform group Citizens Union, complimented Cuomo’s efforts, praising “a novel and innovative campaign finance reform idea is a welcomed salve to the growing number of independent committees through which a select number of large donors control much of the political dialogue and activity.” Dadey said, though, that today’s announcement “should not distract from the more immediate task at hand of addressing the crime wave of corruption in Albany” and called for passage of previously proposed measures.

Some note that the push on independent expenditures may be a way to find common ground with the Legislature which has been fairly recalcitrant on reform issues.“The timing is odd in a sense because here we are at the end of session, the public is clamoring for Albany to address public corruption and the people at the Capitol are talking about anything else,” said Horner. “So to do it during the last week of session seems strange unless there is interest by the legislative leaders to do it. And if there is why not do the announcement in Albany?”

Both Republican Senate Majority Leader John Flanagan and Democratic Assembly Speaker Carl Heastie released statements supportive of Cuomo’s efforts.

Flanagan’s arrived in media inboxes quickly after Cuomo’s event.

“Campaign and election reform is a key component of ethics reform,” Flanagan said. “Therefore, we welcome the opportunity to review and discuss the Governor’s proposal as part of our effort to arrive at a comprehensive reform package that rebuilds the public trust, and includes action on issues previously raised by members of the Senate Republican Conference.”

Heastie was also tentatively supportive while also touting the Assembly’s past work on election and reform issues. “We recognize the need for additional reform that will offer New Yorkers transparency and accountability,” wrote Heastie. “We agree with Governor Cuomo that this is a priority that must be addressed before the close of the 2016 session. It is our goal for the voters of this state to have full faith and trust in their government. There is no question that campaign finance reform and taking a hard line against corrupt officials who abuse the public trust are the keys to achieving that goal.”

John Kaehny, executive director of Reinvent Albany, welcomed the governor’s focus on independent expenditures but said he thought it was the wrong fight for the time. “We support the governor's call for curbing Independent Expenditures --- they are as bad as he says. But independent expenditures played no role in the Silver or Skelos' corruption capers, and play no role in the huge pay to play and conflict of interest scandal engulfing the governor's Upstate economic development programs,” Kaehny said in a statement. “The governor is not wrong in wanting to curtail the corrosive plague of Independent Expenditures, but he is also conveniently ignoring reforms that would directly address the multitude of concerns raised by the probe in the state's Upstate economic development programs.”

Cuomo and legislative leaders are expected to finalize any end of session deals next week - the last scheduled session day is Wednesday, June 15. Many believe that the only hope for government ethics reform is agreement on pension forfeiture for elected officials convicted of public corruption.

Horner said that he believes that Cuomo is allowing one of the biggest opportunities for major reform in decades to slip out of his hands. “The only reason any ethics reform passed in the last few years is because of the governor, but he has never been all in [this year],” said Horner. “This year we have our Watergate moment and we may end up with parking tickets for the burglars - nothing on the scale of what happened with Skelos and Silver.”

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by David King, Albany editor, Gotham Gazette
     

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Former Government Informant to Run for Old Assembly Seat


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Current Assembly Member Victor Pichardo


Former Bronx Assemblymember Nelson Castro wants his seat back. Standing in the way, along with the rigors of a campaign and the incumbent, is the fact that Castro served as a government informant for years - to avoid perjury charges.

In April 2013 Castro abruptly resigned his Bronx Assembly seat, shocking his colleagues and constituents by announcing that he had worked for the U.S. Attorney’s office and that his role as an informant was key to convicting former Assemblymember Eric Stevenson for taking $20,000 in bribes from businesspeople building a daycare facility. Castro told Gotham Gazette on Tuesday that he doesn’t believe that bit of his past will come into play as he challenges sitting Assemblymember Victor Pichardo, the man who won his vacant seat, in the upcoming September Democratic primary.

“The only perception that matters to me is that of the voters of the 86th district,” said Castro. “We're gearing up to run, and basically the reason why is that I can't come out of my house without people telling us, ‘We miss you. Why don't you come back?’”

Castro’s return to the political arena comes at a time when the capital is consumed by investigations by U.S. Attorney Preet Bharara. Both recent legislative leaders, Senate Majority Leader Dean Skelos and Assembly Speaker Sheldon Silver, were sentenced on multiple federal corruption charges. Gov. Andrew Cuomo’s massive economic development programs and members of his inner circle are under scrutiny. And, current Assembly Speaker Carl Heastie reportedly faces an investigation into reimbursements he received from the Bronx Democratic Committee. 

Castro said that he was motivated to run by what he sees as a lack of constituent services from Pichardo, who he says he does respect. Castro said constituents complain of long lines at the district office and having to make appointments to speak to anyone there. “I saw Victor and told him I don't think he's a bad kid but he needs to be more attentive to the district,” Castro said, adding that Pichardo is seen by many constituents as a staffer who reports to Bronx Senator Gustavo Rivera, who has backed Pichardo in both of his electoral contests.

Castro faced questions from his colleagues and constituents after revealing he was an informant - questions about what his focus was when he was in office. During his last year in office Castro moved one bill. He was still a candidate in 2009 when he agreed to work as an informant and later ran for reelection while still in the same position.

For his part, Pichardo told Gotham Gazette that he is focused on finishing out session and working for the people of the Bronx in Albany. He doesn’t plan to be distracted by electoral matters until session is finished, he said. Lawmakers are wrapping up session in the capital before heading home to their districts and their reelection bids.

Assemblymember Marcos Crespo, who is Bronx County Democratic Chair, questioned whether Castro could legally run for office, given that he pled guilty to perjury. “I am fully committed to Victor Pichardo,” Crespo told Gotham Gazette.

A spokesperson for U.S. Attorney Preet Bharara’s office declined to comment on Castro’s run.

Castro actually faced a number of scrapes with the law before running for Assembly in 2009. The Daily News reported that he was arrested for felony larceny in Michigan in 1989; he pled down to a misdemeanor. In 2003, he was arrested for grand larceny for collecting unemployment checks while being employed; he pled that charge down to petty larceny, repaid the funds, and served three years probation. In 2008, he was arrested for driving with a revoked license, and also had $3,000 in unpaid parking tickets.

As for the perjury charge that led to his work as an informant, Castro stresses that the actual case had nothing to do with his work in the Assembly. The charge stemmed from Castro’s involvement in a district leaders race. Ten people were registered to vote out of Castro’s one-bedroom apartment. Asked about the situation by a special referee, Castro claimed he had no idea that many people were registered to vote there. He also testified he didn’t know the man who in reality served as his volunteer coordinator. That testimony led to an investigation by the Bronx District Attorney and the charges that led to Castro’s agreement to serve as an informant.

“It was at a hearing that I committed perjury,” Castro told Gotham Gazette. I didn’t do anything fraudulent to become Assemblyman. I committed perjury and I lived through the repercussions and I am truly sorry.”

Some in the Bronx do see Pichardo as being ripe for a challenge. In 2014, Pichardo claimed victory over challenger Hector Ramirez by only two votes - after a recount. Ramirez accused Pichardo of subverting the vote. But, in the end Ramirez was charged with a 242-count indictment related to massive voter fraud. Some Bronx politicos believe the race was tighter than it should have been despite Ramirez’s alleged voter fraud.

A number of observers wonder whether Castro will actually carry his campaign through petitioning, how he will raise money, and if he has given any thought to what life would be like for him in Albany should he actually win.

Castro said he is used to being out of the good graces of the Bronx County Democrats and expects not to have any union support, often key to marshalling votes in Democratic primaries.

“I think people are afraid of what county can do,” Castro said, referring to the Bronx County Democratic Committee. “I’ve beaten them just by knocking on doors. I will have to do everything by hand. I won’t have unions, but I did it before. I’m not afraid of it.”

It is unlikely Castro will be the only entrant into the primary to challenge Pichardo, and his candidacy seems like a long shot, but there appears to be something else at play in Castro’s run: his desire for a platform to redefine himself. Castro told reporters he was “done with politics” while leaving court after his November, 2014 sentencing. He said he would focus on selling energy efficient light bulbs. But it appears life out of politics didn’t give him the redemption he was seeking.

“Part of why I am running again is to let me say my piece,” Castro told Gotham Gazette. “There was no wire,” he said referencing stories that he wore a recording device when dealing with his colleagues in the Legislature. “I guess I broke an unwritten rule that you are not supposed to turn your back on your buddies. Once I get to Albany I will know how to handle myself. I had no friends there last time. It's not a problem.”

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by David King, Albany editor, Gotham Gazette
     

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