THE PEOPLE FIGHT BACK...

Intervening
on behalf of the People of the State of New York
& the Public Interest
for a Declaration of Unconstitutionality, Etc.
vs Commission to Investigate Public Corruption

 APRIL 23, 2014 ORDER TO SHOW CAUSE TO INTERVENE
WITH TRO & e-filing affidavit

AFFIDAVIT IN SUPPORT OF INTERVENTION

Table of EXHIBITS

Exhibit 1:    CJA’s December 16, 2013 records request to Senate and Assembly – “Retention of Counsel for Purposes of Legal Representation and Litigation against the Commission to Investigate Public Corruption”

Exhibit 2:    Senate’s December 23, 2013 response

Exhibit 3:    CJA’s March 6, 2014 e-mail to Senate

Exhibit 4:    Senate’s March 13, 2014 response 

Exhibit 5:    Assembly’s December 23, 2013 response 

Exhibit 6:    CJA’s March 11, 2014 e-mail to Assembly – “UPDATE: Legal Representation and Litigation against the Commission to Investigate Public Corruption”

Exhibit 7:    Assembly’s March 18, 2014 response

* * *

  click here for:
Commission's "Public Hearings"

click here for:
Commission's December 2, 2013 report

   * * *

PROPOSED VERIFIED COMPLAINT

Table of EXHIBITS

Exhibit A-1:    Governor Cuomo’s Executive Order #106

Exhibit A-2:    Transcript of July 2, 2013 press conference

Exhibit B-1:    CJA’s July 19, 2013 corruption complaint to Commission Member/Albany County District Attorney P. David Soares

Exhibit B-2:    CJA’s April 15, 2013 corruption complaint to U.S. Attorney Preet Bharara (SDNY)

Exhibit B-3:    CJA’s May 13, 2013 corruption complaint to U.S. Attorney Loretta Lynch (EDNY)

Exhibit B-4:    CJA’s June 13, 2013 corruption complaint to U.S. Attorney Richard Hartunian (NDNY)

Exhibit B-5:    CJA’s June 4, 2013 corruption complaint to Senate Committee on Investigations and Government Operations & Assembly Committee on Oversight, Analysis and Investigation

Exhibit B-6:    CJA’s June 27, 2013 corruption/ethics complaint to Joint Commission on Public Ethics

Exhibit B-7:    CJA’s July 11, 2013 corruption complaint to NYS Inspector General Catherine Leahy Scott

Exhibit B-8:    CJA’s November 29, 2011 corruption complaint to NYS Attorney General Eric Schneiderman

Exhibit B-9:    CJA’s March 1, 2012 corruption complaint to NYS Comptroller Thomas DiNapoli

Exhibit B-10:  CJA’s July 22, 2013 transmitting coverletter

Exhibit C-1:    CJA’s July 16, 2013 letter to Senate, Skelos, Klein, & Stewart-Cousins –
“Senate Rule XV ‘Freedom of Information’ Request: Governor Cuomo’s ‘Public Trust Act’/Program Bill #3”

Exhibit C-2:    CJA’s July 18, 2013 letter to Senate, Skelos, Klein, & Stewart-Cousins –
“Senate Rule XV ‘Freedom of Information’ Request: Governor Cuomo’s Program Bills #4, #5, and #12”

Exhibit C-3:    Senate’s July 25, 2013 e-mail

Exhibit C-4:    CJA’s July 25, 2013 e-mail to Senate, Skelos, Klein & Stewart-Cousins –
“CJA’s As-Yet Unresponded-To 2 FOIL Requests to You and Senate Leaders – July 16 & July 18”

Exhibit C-5:    CJA’s August 16, 2013 e-mail to Senate Republican Counsel Beth Garvey –
“Awaiting Your Written Responses to our July 16^th and July 18^th Letters: Gov’s Program Bill #3 (Public Trust Act) & His Program Bills #4, #5, #12”

Exhibit C-6:    Senate Republican Counsel Garvey’s August 16, 2013 e-mail

Exhibit D-1:    CJA’s July 16, 2013 letter to Assembly, Silver & Kolb –
“Assembly Rule VIII ‘Public Access to Records’ Request:  Governor Cuomo’s ‘Public Trust Act’/Program Bill #3”

Exhibit D-2:    Assembly’s July 23, 2013 letter

Exhibit D-3:    CJA’s July 18, 2013 letter to Assembly, Silver & Kolb –
“Assembly Rule VIII ‘Public Access to Records’ Request:  Governor Cuomo’s Program Bills #4, #5, and #12”

Exhibit D-4:    Assembly’s July 23, 2013 letter 

Exhibit E-1:    CJA’s July 16, 2013 letter to Governor Cuomo’s Records Access/FOIL officer –
“FOIL REQUEST: Governor Cuomo’s ‘Public Trust Act’/Program Bill #3”

Exhibit E-2:    Governor’s July 29, 2013 letter

Exhibit E-3:    CJA’s July 18, 2013 letter to Governor Cuomo’s Records Access/FOIL officer –
“FOIL REQUEST: Governor Cuomo’s Program Bills #4, #5, and #12”

Exhibit E-4:    Governor’s July 25, 2013 letter

Exhibit E-5:    CJA’s July 25, 2013 e-mail

Exhibit E-6:    Governor’s August 22, 2013 letter

Exhibit E-7:    Governor’s August 22, 2013 letter

Exhibit F-1:    CJA’s August 5, 2013 letter to Commission –
“Keeping the Commission to Investigate Public Corruption True to its Name & Announced Purpose”

Exhibit F-2:    CJA’s August 27, 2013 e-mail to Commission –
“Status: Our August 5, 2013 Letter – ‘Keeping the Commission to Investigate Public Corruption True
to its Name & Announced Purpose’”

Exhibit F-3:    CJA’s September 3, 2013 e-mail to Commission –
“Request that the Upcoming Public Hearings of the Commission to Investigate Public Corruption be Live-Streamed, Videoed, & Stenographically-Recorded, Etc.”

Exhibit F-4:    CJA’s September 6, 2013 e-mail to Commission –
“MISSING PRESS RELEASES: What’s Going On with the Commission to Investigate Public Corruption’s Public Hearings?”

Exhibit F-5:    CJA’s September 13, 2013 e-mail to Commission,
via its form & website: “Request to Testify at September 17th hearing”

Exhibit F-6:    CJA’s September 16, 2013 e-mail – “draft testimony”

Exhibit G-1:    CJA’s August 22, 2013 e-mail to Commission Advisor Barbara Bartoletti

Exhibit G-2:    CJA’s August 21, 2013 letter to Governor Cuomo –
“Achieving  BOTH a Properly Functioning Legislature & Your Public Trust Act (Program Bill #3) – the Sine Qua Non for ‘Government Working’ & ‘Working for the People’”
                    ………………..With enclosure:  CJA’s August 13, 2013 letter to Senator George Latimer & Assemblyman David Buchwald – “Constituent Request that You Introduce the Public Trust Act (Governor’s Program Bill #3), Consistent with the Senate and Assembly Informational Guides ‘How a Bill Becomes a Law’, and ‘The Legislative Process and YOU’”

Exhibit H-1:    CJA’s written September 17, 2013 written testimony

Exhibit H-2:    CJA’s September 18, 2013 e-mail – “Subject: Sept. 17^th Testimony of Elena Sassower, Director/Center for Judicial Accountability”

Exhibit I-1:     CJA’s  September 19, 2013 e-mail to Commission – “Request for CD-Video & Transcript of Commission's September 17th Public Hearing”

Exhibit I-2:     CJA’s September 25, 2013 e-mail to Commission – “Request for CD-Video & Transcript of Commission's September 24th Public Hearing”

Exhibit I-3:     CJA’s October 2, 2013 e-mail to Commission –
“What ‘law’ requires the Commission to Investigate Public Corruption to report to the Governor & Attorney General ‘on a weekly basis’?”

Exhibit J:        CJA’s October 4, 2013 letter to Commission –
“When Will the Commission to Investigate Public Corruption be Holding Public Hearings at Which the Public Will be Able to Testify as to the Breadth of Public Corruption Within its Knowledge and Experience?, Etc.”

Exhibit K:       CJA’s October 17, 2013 letter to Commission Members & Special Advisors –
“Follow-Up to September 17, 2013 Testimony (1) CJA’s Unresponded-to August 5, 2013 Letter and Subsequent Correspondence Pertaining to the Commission’s Procedures, Rules, Protocol for Conflicts of Interest, and Public Hearings; (2) CJA’s Unresponded-to July 19, 2013 corruption complaint and intervention request to Commission Member Albany County District Attorney Soares”

Exhibit L:        CJA’s October 24, 2013 letter to Commission –
“Public Access to the Record of the Commission’s September 17th and September 24th Public Hearings: Written Testimony & Other Supporting Materials” 

Exhibit M:      cc: CJA’s Oct. 25, 2013 letter to transcription company –
“The Pattern of Errors in the Stenographic Transcription of the Oral Testimony of Elena Sassower at the September 17, 2013 Public Hearing of the Commission to Investigate Public Corruption – Material to Her Presentation as to the Commission’s Conflicts of Interest”

Exhibit N:       CJA’s October 25, 2013 e-mail to Commission –
“October 28, 2013 ‘Public Hearing’: CJA’s Protest & Request to Testify –
previously sent, via Commission’s registration page: Oct 25 5pm” 

Exhibit O-1:    cc:  CJA’s November 8, 2013 FOIL request to the NYS Board of Elections –  
“Documentarily-Establishing that the New York State Board of Elections is ‘Low-Hanging Fruit’
for the Conflict-Ridden Commission to Investigate Public Corruption” 

Exhibit O-1a:  Board of Election’s November 19, 2013 e-mail

Exhibit O-2:    cc:  CJA’s November 12, 2013 FOIL request to NYS Division of the Budget –  
“New York State Board of Elections Budget Records - Fiscal Years 1989-1990 through 2013-2014”

Exhibit O-2a:  Division of the Budget’s November 19, 2013 letter

Exhibit O-3:    cc:  CJA’s November 12, 2013 records request to Secretary of the Senate –
“Oversight & Budget Hearings of the New York State Board of Elections"

Exhibit O-3a:  Secretary of the Senate’s November 19, 2013 e-mail

Exhibit O-3b: Secretary of the Senate’s December 4, 2013 e-mail

Exhibit O-3c:  CJA’s December 16, 2013 e-mail to Secretary of the Senate

Exhibit O-4:    cc:  CJA’s November 12, 2013 records request to Assembly Public Information Officer – “Oversight & Budget Hearings of the New York State Board of Elections”

Exhibit O-4a:  Assembly’s November 20, 2013 letter

Exhibit P:    cc: CJA’s November 13, 2013 letter to District Attorney Soares –
“What are Your Procedures for Handling Public Corruption Complaints? – & Other Questions that an Unconflicted Commission to Investigate Public Corruption Would Ask” 

Exhibit Q:    CJA’s November 15, 2013 e-mail to Commission –
“FOIL Request: Request for Transcript of Commission's October 28th Public Hearing & Other Documents Pertaining to the October 28th Hearing”  
        also, sent via the Commission’s ‘Public Comment/Testimony’ webpage

Exhibit R-1:    Commission’s December 2, 2013 Preliminary Report fn. 330 reference – Siena Research Institute Press Release: October 21, 2013 “Moreland & Its Work Largely Unknown to Voters, Who Strongly Want Commission to Continue Investigations – Serious Problem: Corruption in Legislature-82%; Rest of State Govt.-77%...”

Exhibit R-2:    poll questions: pp 4-6

Exhibit S-1:    CJA’s December 11/December 16, 2013 e-mail to Commission --
“The Judiciary’s Proposed Budget for Fiscal Year 2014-2015: Safeguarding the Public Purse from Judicial Fraud & Larceny”

Exhibit S-2:    CJA’s December 11, 2013 letter to Governor Cuomo, Leaders of Legislature & its “Appropriate Committees” – “SAFEGUARDING THE PUBLIC PURSE FROM JUDICIAL FRAUD & LARCENY:  Your Constitutional & Statutory Duty to Reject the Entirety of the Judiciary’s Proposed Budget for Fiscal Year 2014-2015, Over & Beyond its Concealed, Unitemized Third Phase of the Judicial Salary Increase that Will Otherwise Take Effect, Automatically, on April 1, 2014”
.........................Enclosure:  CJA’s March 11, 2013 letter to Senate Budget Subcommittee on “Public Protection” – “RE: Rectifying your Absence at the February 6, 2013 Budget Hearing on ‘Public Protection’ by Verifying the Dispositive Nature of the Opposition Testimony to the Judiciary Budget & its Judicial Salary Increase Request”

Exhibit T-1:    CJA’s January 7, 2014 letter to Commission –
“'FOLLOWING THE MONEY’: (1) investigating & reporting on the fraud and larceny in the proposed Judiciary and Legislative budgets for fiscal year 2014-2015 presented by CJA’s December 11 and December 30, 2013 letters; (2) supplement to CJA’s July 19, 2013 corruption complaint & intervention request.”

Exhibit T-2:     CJA’s December 30, 2013 letter to Governor Cuomo –
“SAFEGUARDING THE PUBLIC PURSE FROM LEGISLATIVE FRAUD & LARCENY:  Your Duty to Exclude the Legislature’s Proposed Budget from the State Budget for Fiscal Year 2014-2015 Because its Absence of Certified Itemized Estimates Violates Article VII, §1 of the NYS Constitution; Alternatively, to Recommend that the Legislature Reject it, or Alter it Based on Certification of Itemized Estimates”

Exhibit U-1:    Commission’s February 7, 2014 letter to Elena Sassower

Exhibit U-2:    Commission’s February 20, 2014 letter to Cie Sharp, first ordinary witness at September 17, 2013 public hearing

Exhibit V-1:    U.S. Attorney Bharara’s April 3, 2014 letter to Commission Co-Chairs, Executive Director, & Chief of Investigations – “Ongoing Moreland Commission Investigations”         

Exhibit V-2:    U.S. Attorney Bharara’s April 9, 2014 letter to Commission members – “Ongoing Moreland Commission Investigations”

Exhibit V-3:    April 10, 2014 letter from Commission Co-Chairs to U.S. Attorney Bharara

Exhibit W-1:   “Cuomo responds to Moreland rebuke”, Capital New York, April 10, 2014 (Laura Nahmias)

Exhibit W-2:    Co-Chair Fitzpatrick’s April 14, 2014 article, “My Moreland Mission”, Huffington Post

Exhibit W-3:   “Co-Chairs’ Picks To Write Moreland Report Were Nixed For Second Floor Insider [UPDATED]”, April 15, 2014, City & State, Morgan Pehme, Jon Lentz, Matthew Hamilton

*   *   *

CJA's April 28, 2014 Notice to Furnish Papers to the Court
Pursuant to CPLR §2214(c)

TRANSCRIPT:  April 28, 2014 oral argument on TRO

*   *   *

U.S. Attorney Preet Bharara's April 30, 2014 letter

*     *     *

DECLARATORY JUDGMENT ACTION

New York State Senate, New York State Assembly, Dean G. Skelos, Jeffrey D. Klein, as members and Temporary Presidents of the New York State Senate, and Sheldon Silver, as member and Speaker of the New York State Assembly v. Kathleen Rice, William J. Fitzpatrick, and Milton L. Williams, in their official capacities as co-chairs of the Moreland Commission on Public Corruption, and the Moreland Commission to Investigate Public Corruption  #160941/2013, Supreme Court/NY Co. 

RELATED PROCEEDING:
TO QUASH SUBPOENAS, FOR PROTECTIVE ORDER,
TO INTERVENE

New York State Senate, New York State Assembly, Dean G. Skelos, Jeffrey D. Klein, as members and as Temporary Presidents of the New York State Senate, and Sheldon Silver, as member and as Speaker of the New York State Assembly v. Commission to Investigation Public Corruption,  #160935/20013, Supreme Court/NY County (Justice Joan Kenney) (Justice Alice Schlesinger) -- TO QUASH SUBPOENAS, PROTECTIVE ORDER

In the Matter of Ruskin Moscou Faltischek, PC; DeFrancisco & Falgiatano Law Firm; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP; Lucarelli & Castaldi, LLP; Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP; Davidson & O'Mara, PC; Friedman & Ranzenhoffer, PC; Borah, Goldstein, Altschuler, Nahins & Goidel, PC; Klein, Calderoni & Santucci, LLP; Charles J. Fuscillo, Jr.; J & A Concrete Corp; J & A Contracting Corp. of New York and 476, Inc. v. Commission to Investigate Public Corruption, #160932-2013 -- TO QUASH SUBPOENA, PROTECTIVE ORDER -- intervention

In the Matter of the Subpoena Issued by Moreland Commission to Investigate Public Corruption to Weitz & Luxenberg,  #60927-2013 -- TO QUASH SUBPOENA, PROTECTIVE ORDER -- intervention

In the Matter of  the Subpoena Issued by Moreland Commission to Investigate Public Corruption to Sahn Ward, Coschignano & Baker PLLC,  #160990-2013 -- TO QUASH SUBPOENA, PROTECTIVE ORDER -- intervention

In the Matter of Subpoena Issued By Commission to Investigate Public Corruption to Farrell Fritz, P.C., #160876-2013, Supreme Court/NY Co. -- intervention

In the Matter of Subpoena Issued by Moreland Commission to Investigate Public Corruption to Hiscock & Barclay, LLP, #160909-2013, Supreme Court/NY Co. -- intervention

Strategic Advantage International and Daniel Odescalchi v. Commission to Investigate Public Corruption, #161554-2013, Supreme Court/NY Co.

In the Matter Of Subpoena Issued By Commission to Investigate Public Corruption To Jordan & Kelly, LLC, #160937-2013, Supreme Court/NY Co.  (discontinued)

New York State Senate Republican Campaign Committee v. Commission to Investigate Public Corruption #159965/2013, Supreme Court/NY County (Justice Alice Schlesinger) - TO QUASH SUBPOENAS, PROTECTIVE ORDER (discontinued)