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Order to force Cuomo to return book profits is defective: Attorney general




Order to force Cuomo to return book profits is defective: Attorney general

An order from New York’s ethics panel that demanded ex-Gov. Andrew Cuomo return $5.1 million in book profits to the state was shot down as illegal Thursday by Attorney General Letitia James.

The order, approved Tuesday 12 to 1 by the Joint Commission on Public Ethics, directed Cuomo to return the profits to the attorney general’s office.

But James’ general counsel Larry Schimmel sent an opinion letter to JCOPE executive director Sanford Berland Thursday that concluded the order was legally defective because it didn’t first produce an investigative report with findings that Cuomo violated the Public Officers Law.

“There are procedural steps that the Commission must take before the OAG’s Civil Recoveries Bureau can take any action,” Schimmel said. “Any referral to the OAG’s Civil Recoveries Bureau would need to include a Substantial Basis Investigation Report, or comparable record, related to this matter.”

The report would have to include findings that showed violations of specific sections of the law and outline exact sums “attributable to penalties and disgorgement,” Schimmel’s letter stated.

Executive Director Sanford Neil Berland and the New York State Joint Commission on Public Ethics voted 12 to 1 to have Cuomo return the profits to the attorney general’s office.
Hans Pennink

Schimmel also said JCOPE must “exhaust its own collection activity efforts concerning any funds due the State” before making a referral to the AG’s Civil Recoveries Bureau.

“It is therefore premature to ask the OAG to begin collection efforts before a demand for payment is made to Mr. Cuomo, or his counsel, and he has had an opportunity to address the demand,” he said.

JCOPE initially allowed Cuomo to earn outside income from his book “American Crisis: Leadership Lessons from the COVID-19 Pandemic” in 2020, while he was still governor and New York was in the throes of the deadly coronavirus outbreak. That approval was made by a staff member — not the governing board of commissioners — provoking criticism that the fix was in.

JCOPE rescinded its approval after concluding that Cuomo violated pledges not to use government staffers and other public resources to prepare the book.

In the subsequent meeting on Tuesday, the commissioners directed Cuomo to return the profits to the AG’s office within 30 days. The AG would determine what to do with the profits.

Cuomo was initially allowed to earn outside income for his book, “American Crisis: Leadership Lessons from the COVID-19 Pandemic” while he was governor.
Cuomo was initially allowed to earn outside income for his book, “American Crisis: Leadership Lessons from the COVID-19 Pandemic” while he was governor.

Schimmel said JCOPE “appears” to have concluded that Cuomo “misused government resources” on the private-profit making memoir under the Public Officers Law.

“If that is the basis,” he said, “any referral to the OAG’s Civil Recoveries Bureau would need to be accompanied by the record of the administrative process, and the statutory authority for the decision, the amount of the imposed fines and penalties, and a determination concerning the appropriate amount of disgorgement attributable to the
violation of law.”

AG James’ office sided with the arguments advanced by Cuomo’s lawyer Jim McGuire and other ethics experts, who argued JCOPE could not force the exiled three-term Democrat to return book profits or take any other action against him without first conducting an investigative report.

Ironically, it was AG James’ devastating sexual harassment investigative report released in August that found Cuomo mistreated a slew of staffers and other women that forced his resignation. He denied wrongdoing despite leaving under the threat of impeachment.

New York Attorney General Letitia James' office sided with Cuomo's lawyers and other ethics experts.
New York Attorney General Letitia James’ office sided with Cuomo’s lawyers and other ethics experts.
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“JCOPE’s actions violated fundamental constitutional rights and flagrantly exceeded its statutory authority. It is not at all surprising that the lawlessness of JCOPE’s latest unlawful action is being recognized as just that. We remain ready to vindicate the Governor before a politically neutral body, our courts,” McGuire said.

Cuomo spokesman Richard Azzopardi accused JCOPE appointees of engaging in a hit job.

“This had nothing to do with the law and is evidence of political attacks by the appointees of Governor Hochul, Speaker Heastie and Majority Leader Stewart-Cousins,” Azzopardi said.

But JCOPE member Gary Lavine criticized the attorney general’s “muddled legal analysis.”

Lavine said JCOPE’s actions were “carefully considered” and noted the order was issued under the state’s executive law, not the Public Officers Law.

“It’s an absurd situation. Cuomo will be able to keep the book profits for years because of how long the investigative process will take,” he said.

He said JCOPE officials will discuss the matter further with the AG’s office next week.

Cuomo, despite a temporary victory, still faces serious legal peril.

James has an open criminal investigation on Cuomo’s book deal, focusing on whether he misused taxpayer resources.

He also is being probed by the FBI and the Brooklyn US Attorney’s Office.

Cuomo, denying the incident, is fighting a criminal complaint that he groped former staffer Brittany Commisso.
Cuomo, denying the incident, is fighting a criminal complaint that he groped former staffer Brittany Commisso.
CBS News

The state Assembly Judiciary Committee’s impeachment report recently found that Cuomo used staffers extensively to help prepare the book — though he insisted the work was done voluntarily and legally.

Cuomo’s team was also accused of covering up thousands of coronavirus-related nursing home deaths while he negotiated the book deal, leading to accusations he was trying to look better to make a quick buck off the tragedy.

Meanwhile, Cuomo is fighting a criminal complaint that he groped executive staffer Brittany Commisso in the governor’s mansion. He said the incident never happened.


Sports world reacts to John Madden’s death




Sports world reacts to John Madden’s death

Legendary NFL coach and broadcaster John Madden died Tuesday morning at 85, the NFL announced. News of the football icon’s passing hit Twitter on Tuesday evening, and athletes, coaches and broadcasters from across the sports world reacted.

Fellow broadcasting legend Dick Vitale, who is currently battling cancer, called Madden “the greatest analyst of all time of any sport” in his Twitter tribute.

Former Yankees pitcher and notable Raiders fan CC Sabathia said “your legacy will live forever.” Madden coached the then-Oakland Raiders from 1969-78, a couple of years before Sabathia, a Vallejo, California native, was born. Lakers star LeBron James had similar words about Madden’s lasting legacy, adding an infinity emoji.

Former tennis star and social justice activist Billie Jean King recalled meeting Madden as a “privilege.”

Radio voice of the Rangers Kenny Albert, a five-sport broadcaster who’s been with FOX Sports since its inception in 1994, shared a photo circa 26 years ago to remember Madden.

ESPN’s Bomani Jones took a bit of a shot at current color commentators, noting that Madden “set an unreachable standard.”

Frank Caliendo, who’s made a career out of impersonations, including one for Madden, said he was surprised how emotional he felt.

Several football players, and others, including Saints running back Mark Ingram II and former Cowboys receiver Dez Bryant, credited Madden with being part of the reason why they love football.

Rams wide receiver and NFL MVP contender Cooper Kupp quote the late coach in his tribute: “The road to Easy Street goes through the sewer.”

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Miles McBride’s Knicks role will lessen with Kemba Walker’s resurgence




Miles McBride’s Knicks role will lessen with Kemba Walker’s resurgence

MINNEAPOLIS — The Knicks got back another body in rookie point guard Miles McBride, who was cleared from protocols Tuesday and rejoined the team in Minnesota.

But there is no longer any hype for the rookie’s return. Kemba Walker is back as the starting point guard and coming off winning Eastern Conference Player of the Week honors with four standout games, including his Christmas Day spectacular. The Knicks have gone 2-2 since Walker regained the starting job.

“It’s great,’’ coach Tom Thibodeau said. “He had a great week. He’s playing great basketball. The team winning helps him get recognized and he was a big part of driving that winning. It’s great for the team.’’

McBride was also spectacular in his last outing before getting COVID-19, when he played the entire second half Dec. 16 in Houston and seemingly earned a spot in the rotation. In fact, McBride had strung together two decent outings before he was ruled out. But things have changed since his emergence and McBride is likely back to being a bit player.

Without a practice, McBride wasn’t even expected to see time when the Knicks faced the Timberwolves to kick off a four-game road trip.

Miles McBride
NBAE via Getty Images

Of course, with Walker’s arthritic knee, anything is possible. The Knicks play Detroit on Wednesday in a back-to-back, so it’s uncertain whether Walker will complete both contests. In addition, Immanuel Quickley is out of COVID-19 protocols but Thibodeau wasn’t sure he was ready for meaningful minutes.

That left Walker against the depleted Timberwolves, who were missing their three top players (Anthony Edwards, Karl-Anthony Towns, D’Angelo Russell), all because of COVID-19 .

Kemba Walker
Kemba Walker

When McBride got sidelined by the virus and Derrick Rose needed ankle surgery, Walker was resurrected by Thibodeau and it’s been a stunning comeback story.

Though Thibodeau has clear reservations about Walker based on his nine-game banishment due to his defensive malaise as an undersized point guard, he admitted after the Christmas Day triple-double against Atlanta that Walker is playing “much more aggressive.”

Walker’s triple-double that featured 10 points, 12 assists and 10 rebounds was a lot different than his prior outing, when he scored 44 points against Washington.

“I thought his passing was terrific,’’ Thibodeau said before the Knicks resumed their schedule.

“Kemba had control of the game. The game tells you what to do. That’s what I loved about the way he played. I don’t think he forced anything. They puts size on him and were aggressive in their pick-and-roll coverage. He didn’t fight it. He attacked pressure the way you like to attack pressure. You don’t fight pressure with pressure. Don’t try to split it. Get rid of it, go to the backside. Let the game tell you what to do.’’

The Knicks coach is finally seeing all the elements of what Walker can do. Before his demotion, Walker was nothing more than a no-defense, 3-point shooter whose plus-minus was an abysmal minus-122.

Thibodeau was also concerned about his durability in sitting out two of the three back-to-back sets. The last load management game in Atlanta in late November triggered Thibodeau’s decision.

But now it’s only superlatives from Thibodeau in judging the last four games.

“Sometimes it’s going to be his shooting, sometimes it’s his penetration and getting in the paint to force a collapse and sometimes they’re being aggressive with their traps get rid of the ball quickly,’’ Thibodeau said. “The overall play, his rebounding. When your guards rebound, those are key to fast breaks. The more guard rebounding we get the better we can be. ‘’

The Knicks still have three players in protocols — centers Nerlens Noel and Jericho Sims and the newly infected Wayne Selden. Quickley and Kevin Knox were cleared on Christmas but were held out for conditioning.

No matter. The Knicks go as Kemba goes.

“He’s much more aggressive,’’ Thibodeau said. “That was the challenge. At the beginning of the year he and Evan were two new starters. Sometimes guys are trying to fit in. he’s being very aggressive which is the way we want him to play. Not deferring at all. When he and Julius [Randle] are aggressive like that our team is different.’’

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Bar raises dramatically for Zach Wilson in matchup with Tom Brady, Buccaneers




Zach Wilson and Tom Brady

When Zach Wilson stares across the MetLife Stadium field at the opposite sideline this Sunday, it won’t be Trevor Lawrence he’ll be looking at as his game-day counterpart.

Lawrence, drafted by Jacksonville one spot before the Jets selected Wilson at No. 2 overall last April, is a contemporary.

This Sunday at MetLife, the Jets rookie quarterback won’t be staring at a contemporary on the other sideline. He’ll be staring at the GOAT.

Tom Brady.

The bar raises dramatically for Wilson and the Jets, who are coming off of their feel-good, get-well win over the woeful Jaguars and Lawrence this past Sunday.

Brady and Buccaneers, who are 11-4, NFC South division champions and seeking to repeat as Super Bowl champions, play the Jets, who are 4-11 and seeking more signs of development from their rookie quarterback.

To say this is a step up in competition for Wilson and the Jets going from Lawrence and the Jags to Brady and the Bucs is as obvious as pointing out that Tampa Bay receiver Antonio Brown has had a few off-the-field incidents during his otherwise stellar NFL career.

There hasn’t been a lot to keep the interest of the Jets fan this season — other than watching Wilson’s development. That took an unfortunate pause for the four games Wilson missed with a knee injury, but he’s been back for five games and has looked like a better quarterback, throwing only two interceptions in those games (none in the last three) since returning from his injury.

The problem, though, is that Wilson hasn’t been producing enough touchdowns, throwing for three of them and rushing for four others in the past five games.

Zach Wilson and Tom Brady
Zach Wilson and Tom Brady
N.Y. Post: Charles Wenzelberg; AP

Baby steps, though.

Wilson was the better quarterback this past Sunday when matched up with Lawrence, who threw for more yards than Wilson did, but Wilson ran for 91 yards, including his electric 52-yard scoring jaunt, and made key throws when he needed them.

Wilson will not win Sunday’s game against Brady and the Bucs throwing for the 102 yards he had against the Jaguars. He and the Jets will need more.

Consider this: Brady enters the game having thrown 37 TD passes and for 4,580 yards this season and averages a league-high 305.2 passing yards per game.

Then this: The Buccaneers average 29.5 points per game this season, second most in the NFL.

And this: Wilson doesn’t have a single 300-yard passing game, averages 183 passing yards per game and has thrown seven TD passes in 11 games.

Seven TD passes is a pedestrian two-game total for Brady.

Wilson and the Jets are playing with house money anyway in what always has been a developmental season, so Sunday against Brady should, at its very least, be a great measuring-stick learning experience for Wilson, who’s studied Brady on tape.

Wilson revealed this month that he watched film of Brady before the Jets played the Eagles on Dec. 5 in an effort to pick up tips on how Brady worked against the Eagles defense when he played them earlier in the season.

“I thought it was really cool to see kind of how he went through his whole process, how he navigated the pocket, different things like that,” Wilson said at the time.

On Sunday, Wilson gets to see that process up close as Brady tries to dissect a Jets defense that has yielded 29.9 points per game this season, the most in the NFL.

That puts an added onus on Wilson to produce on the other side of the ball, because he knows Brady is going to get his. Wilson will likely need to produce four TDs — any way he can — for the Jets to simply remain competitive with the Super Bowl champs.

That’s a lot to ask of a 22-year-old kid who’s produced just 11 TDs in his 11 starts, up against Brady, who’s thrown 618 TD passes and for 83,784 yards in his remarkable career.

It, too, is a lot to ask playing against an aggressive Tampa Bay defense that’s ranked No. 9 in the NFL in points allowed (20.8 per game) and is led by former Jets head coach Todd Bowles, who’d surely like to send a holiday message to his former employer.

If you don’t think Bowles will be blitzing the bejesus out of Wilson, then you probably think Antonio Brown is a living saint.

The good news for the Jets is that Wilson has shown incremental improvements, particularly when it comes to his decision-making and quicker releases on his throws.

“He’s coming along, he’s getting more comfortable, he’s calmer back there,’’ Jets coach Robert Saleh said Monday. “He’s in a great headspace and it’s going to be fun to watch him grow, continue to grow.’’

A big part of that growth will take place this Sunday as he watches the GOAT operate from the opposite sideline at MetLife.

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