ALBANY — The state Legislature is expected to argue in court that Gov. Cuomo abused his power by using his corruption-fighting commission to try and force a deal on ethics reform, the Daily News has learned.
“That’s the crux of the separation-of-powers issue,” said a legislative insider. “You can’t blackmail the Legislature into submission. It’s not legal and it’s not effective governing and that’s exactly what’s unfolded here.”
A second source with knowledge of the developing legal strategy likened the tactics to “McCarthyism,” while a third source asked: “How do you legislate under threats? We have legitimate political differences.”
The Legislature is still considering how to try and quash the recent subpoenas that seek detailed information on lawmakers’ outside income.
The deadline for a response was originally Tuesday but has been extended another two weeks.
The Legislature is expected to argue the subpoenas seek protected professional information and violate the constitutional separation-of-powers edict.
The Legislature also plans to highlight Cuomo’s comment to reporters last week that he empaneled the commission to “investigate the Legislature” — something it cannot do by law, the sources said.
Couple of things to say here:
While Sheriff Andy wants to look all good Government-y with his Moreland Commission, he is really using it as a political bludgeon against the legislature while hiding his own donors and donations from the public.
Nothing good Government-y about that.
Second, Cuomo has so aggravated the legislature over this that it may affect how they handle other issues - like public education.
Cuomo has wrapped himself in his vaunted APPR teacher evaluation system and said the system, despite it's flaws is "exactly right."
Some members of the legislature have begun to complain about the SED education reform agenda, the Common Core, the teacher evaluation system and other issues related to public education.
There is daylight between what Cuomo wants on the issue and what some in the legislature want on the issue.
That creates opportunities down the road to undo some of the worst of the Cuomo/King/Tisch education reform agenda - especially if it's considered "Cuomo's".
He's not exactly a popular figure these days in Albany.