Tabloids React To Malcolm Smith Arrest

Unsurprisingly, yesterday's arrest of NY Sen. Malcolm Smith is dominating today's tabloids. Smith, City Councilman Daniel Halloran, and two GOP borough party leaders are accused of attempting to bribe Smith's way into the GOP mayoral primary race. The FBI has hinted that more arrests may come.

The Daily News today reported more details.

As a Democrat, Smith needed the permission of three of the city’s five county Republican leaders to appear on the GOP primary ballot. Halloran served as Smith’s go-between — the corrupt quarterback running his crooked coach’s political game plan, said U.S. Attorney Preet Bharara. The pair allegedly arranged to get envelopes of cash into the hands of GOP officials in the Bronx and Queens — though neither publicly endorsed Smith. In return, Smith agreed to use his office to obtain as much as $500,000 in state funding to benefit a real estate project supposedly being developed by the man who paid the bribes, the feds said. But that “developer” was an undercover FBI agent.

RELATED: Crackpot Sen. Ruben Diaz is praying for Smith.

Those who know me, should know that I don’t kick people when they are down, I pray for them as I will be praying for Senator Malcolm Smith and his family and I extend my hand to help them get up as I did with Senators Pedro Espada, Hiram Monserrate, Carl Kruger and others. That is my calling. That is my responsibility and that is what God expects me to do. We all know that Senator Malcolm Smith is entitled and will have his day in court and the opportunity to prove his innocence if it so. In the meantime, let’s keep praying for him and his family and wait for the outcome.

NY State Sen. Malcolm Smith (D-Queens) Busted In Plot To Fix NYC Mayoral Race

Democratic New York state Sen. Malcolm Smith and NYC Councilman Daniel Halloran (R-Queens) were both arrested by the FBI this morning on charges that they had conspired to fix this year's New York City mayoral race.

Mr. Smith was taken from his Queens home in handcuffs before sunrise and Mr. Halloran was arrested at about the same time, the people said. Mr. Smith has said he was considering running for mayor of New York as a Republican, and the charges contend that he made payments to Mr. Halloran in exchange for the councilman’s assistance in setting up meetings with Republican leaders as part of an effort to get on the ballot, one of the people said. The criminal complaint in the case, which was brought by federal prosecutors in Manhattan, was expected to be unsealed later on Tuesday morning, when Mr. Smith, Mr. Halloran and the others appear before a United States magistrate judge in United States District Court in White Plains.

Several other people were also arrested today including Bronx GOP chairman Jay Savino, Queens GOP vice chairman Vincent Tabone, and the mayor and deputy mayor of Spring Valley, a small town just north of New York City,

UPDATE: The New York Daily News has more details.

A 28-page complaint unsealed this morning detailed the scheme: an undercover FBI agent posing as a wealthy real estate mogul acted as a facilitator between the politicians and the county leaders, recording hours of conversation between November and last week. Council member Halloran was to receive $20,500 while Tabone and Savino received $40,000 in bribes with a promise of $40,000 more. At meetings in hotels in White Plains in Manhattan and Queens restaurants, Halloran promised to win support for Smith from Savino and Tabone. Smith actively participated in multiple conversations and spoke openly about bribing county leaders.

UPDATE II: Steven Thrasher's 2011 Village Voice profile of Halloran is really something. Whoa. He's a pal of Pam Geller and that's not even the beginning.

UPDATE III: The US District Attorney's office has issued a blistering statement.

Today’s charges demonstrate, once again, that a show-me-the-money culture seems to pervade every level of New York government. The complaint describes an unappetizing smorgasbord of graft and greed involving six officials who together built a corridor of corruption stretching from Queens and the Bronx to Rockland County and all the way up to Albany itself. As alleged, Senator Malcolm Smith tried to bribe his way to a shot at Gracie Mansion – Smith drew up the game plan and Councilman Halloran essentially quarterbacked that drive by finding party chairmen who were wide open to receiving bribes.

RELATED: Malcolm Smith was elected Senate Majority Leader in early 2009 after renegade Democrats (the infamous "Gang Of Three") finally ended their anti-gay marriage coup which had put the Senate in GOP hands. Malcolm had been accused of dragging his feet on same-sex marriage even though he publicly supported the issue and appeared at an HRC fundraiser.  Smith was ousted as majority leader in 2010.  All of the Gang Of Three were sentenced to prison on various charges last year.  Last month Democratic former Sen. Shirley Huntley pleaded guilty to federal corruption charges. If convicted, Smith could be the fifth New York Senate Democrat sentenced to prison in the span of one year.

Blame It On The Blackberry

By all accounts, Monday's NY Senate coup was orchestrated from behind the scenes by billionaire Tom Golisano, a thrice-failed NY gubernatorial candidate. Golisano has funneled millions to Democratic candidates over the years, but had become increasing annoyed when the finally-in-power Democrats in the Senate refused to jump to his commands, even announcing that he was moving to Florida rather than pay NY taxes. The final straw, according to Golisano, came when (now desposed) Majority Leader Malcolm Smith fiddled with his Blackberry rather than pay attention to him during a meeting.

Upstate billionaire Thomas Golisano said he began plotting to overthrow Senate Majority Leader Malcolm Smith after the Democrat spent a whole meeting in late April reading e-mails. "Of course I was upset, I thought that was very rude," he said of the meeting in Smith's office. "When I travel 250 miles to make a case on how to save the state a lot of money ... and the guy comes into his office and starts playing with his BlackBerry, I was miffed." Golisano, who spent millions helping Democrats take control of the Senate for the first time since 1965, said Smith and party leaders reneged on a promise of reform and engaged in a secretive budget process that resulted in $8 billion in new taxes and fees. After the meeting, Golisano, who founded the Independence Party, asked political operative Steve Pigeon to see if he could work a deal with Republicans.

According to the NY Daily News, the final details of Monday's revolt were laid out by Golisano over the phone from his Florida home. Golisano made his billions by founding the payroll company Paychex, and owns the Buffalo Sabers pro hockey team.

Chaos In NY Senate As Renegade Dems Unseat Majority Leader Malcolm Smith

And here, my friends, is where I fear New York's quest for marriage equality may have ended for 2009.

New York's state Senators today convened an emergency meeting to name GOP Sen. Dean Skelos (left) as the new majority leader as "Gang Of Four" members and Democratic Senators Pedro Espada and Hiram Monserratte have crossed party lines in a 32-30 vote to unseat Democratic Sen. Malcolm Smith. Elizabeth Benjamin at NY Daily News reports:

An observer in the Senate chamber tells me Skelos was sitting in Smith's chair with a BIG smile on his face and Smith was nowhere to be seen. The chamber has now emptied out and Republicans are talking about electing themselves to committee chairmanships. I managed to get in touch with Sen. Ruben Diaz Sr., who said the following: "That's the rumor, but they haven't spoken to be about it," he said. "They're still amigos." Another rumor du jour is that Diaz, who is furious that the gay marriage bill he opposes appears to be gaining some traction in the Senate, would be angry enough with Smith if the measure comes up for a vote on the floor to join the Senate GOP.

I asked Diaz about that, and he said: "Today? No. Tomorrow? Who knows? Tomorrow is another day. It's always another day. You ask me do I plan to do that. I say, no. In the future, who knows what the future brings. The only thing I can tell you, and you can interpret this any which way you want: When I give my word, I keep my word. In order for me to break my word, you have to break yours first."

Here's how I interpret that: It's a (typically) cryptic way of Diaz Sr. confirming the worst fears of marriage advocates - that there was indeed a deal between himself and Smith that the gay marriage bill would not come to the floor in exchange for Diaz Sr.'s support of Smith for majority leader. And now, in Diaz Sr.'s mind, if Smith brings the bill to the floor, all bets are off.

Has our nemesis, the cartoonishly evil Sen. Ruben Diaz at last triumphed?

UPDATE: Whoa, this is messy. Sen. Malcolm Smith is now saying the the vote was "illegal" and that he is still the Senate Majority leader. From his spokesperson: "This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic majority. Nothing has changed...The real Senate majority is anxious to get back to governing, and will take immediate steps to get us back to work." Elizabeth Benjamin at NY Daily News: "I smell a lawsuit."

VIDEO: Espada and Skelos sworn in as new Senate leaders.

NYT To State Senate: Vote NOW

An editorial in today's New York Times strongly rebukes the state Senate and Majority Leader Malcolm Smith for dragging their feet on a vote on marriage equality and calls on them to immediately approve marriage equality.

Six states have now made it legal for same-sex couples to marry. New York is not one of them. Gov. David Paterson wants the state to guarantee that right, and the protections that come with it, and the Assembly approved legislation legalizing same-sex marriage last month. Malcolm Smith, the leader of the State Senate, insists that he, too, favors marriage for gay couples, but he won’t let a bill go to the floor unless he’s privately lined up enough votes. It is time for Mr. Smith and his fellow senators to decide this important matter in public.

There are few new arguments to be made behind closed doors. By now, the Senate’s 62 members have heard from every interest group. They know the polls and the politics. They know that New York is lagging behind others — including New Hampshire, where Gov. John Lynch, who had previously defined marriage as strictly between a man and a woman, signed legislation legalizing same-sex marriage on Wednesday. And if New York’s Assembly is any guide, once the matter comes to the floor, these senators will also recognize that same-sex marriage is a basic civil right that can no longer be denied to the citizens of this state.

Only 20 state Senators, all Democrats, have said they will definitely vote yes. However, openly gay state Sen. Thomas Duane claims that we do have the votes, much to the anger of anti-gay Sen. Ruben Diaz, who wants Duane to release the names "or shut up." Although Senate Minority Leader Dean Skelos has said that GOP Senators are free to "vote their conscience" without repercussions from the party, getting the necessary 32 votes does appear doubtful. Do your part to change that - contact your state Senator today. The New York Senate's legislative session ends in two weeks.

NY Sen. Tom Duane: We Have The Votes

Openly gay NY Sen. Tom Duane is continuing to claim that a win on marriage equality is possible in the state Senate, saying that he is confident that the required 32 votes are there.

Sen. Thomas Duane (D-Manhattan) said he's received assurances of support from more than the 32 senators needed to approve the bill. "I have the votes," said Duane, who predicted the Senate would vote on the matter before the end of its session this month. Duane declined to say which senators had agreed to support the bill, but said the list included some Republicans. Senate Majority Leader Malcolm Smith (D-Queens) and gay-marriage advocates stopped short of backing Duane's claim, saying only that the measure is gaining momentum. "There's still work to be done," said Alan Van Capelle, executive director of the Empire State Pride Agenda.

Senate Majority Leader Malcolm Smith has said that he will not allow the issue to come to a vote unless he is convinced that a win is at hand. Others suspect Smith of having made a secret deal with anti-gay state Sen. Ruben Diaz in return for Diaz having supported Smith for the leadership post.

PhoboQuotable - Rev. Floyd Flake

“I don’t care what the politicians think. Ain’t nothing perfect about laying down and signing a license with somebody who got the same body parts you got.” - The suitably named and grammatically challenged Rev. Floyd Flake, pastor of Greater Allen A.M.E. Cathedral in Queens, where NY Senate Majority Leader Malcolm Smith attends services.

The New York Times notes:

Mr. Flake went on for about two minutes, much to the delight of many in the pews, who cheered and applauded as the church organist punctuated the reverend’s words with notes from “I’ve Got a Woman,” by Ray Charles.

Smith says that while he considers Flake to be his spiritual mentor, he disagrees with the reverend on marriage equality.

“He knows what my position is. I know what his position is,” Mr. Smith said. “He looks at it as a religious matter, and I look at it as a legal matter. People being together, you know, has no implication on most other people’s lives. I think people deserve to be with who they want to be with. Who am I to dictate?”

Smith went on to compare himself to former NY Gov. Mario Cuomo, who supported abortion rights despite being a devout Catholic. He says he's not sure he can muster the necessary support for a marriage equality bill to pass in the Senate during the current session, which ends in June.

Paterson Backs Off On Call For Immediate Marriage Equality Vote

Just a few days after his press conference calling for an immediate vote on his marriage equality bill, New York Gov. David Paterson now says he'll defer to Senate Majority Leader Malcolm Smith as to when to bring the bill to the floor.

Sen. Malcolm Smith of Queens backs the measure but wants to first secure the 32 votes needed necessary, and he has been missing a few. Announcing his support last week, Paterson urged putting it on the floor of the Legislature for debate despite an uncertain vote. Talking to reporters again Wednesday, Paterson said he won't tell Smith what to do. "On this particular bill, there are a lot of other issues related to it," Paterson said. "Senator Smith knows the inertia of the Senate better than anyone else. I'll stick with his judgment."

Some LGBT activists had opposed Paterson's plan for an immediate vote. Openly gay state Sen. Thomas Duane claimed last week that he had secured the necessary Republican support to pass the bill, but declined to identify the Senators in question.

NY Gov. Paterson To Introduce Marriage Equality Bill On Thursday

Over the objections of some legislators such as openly gay state Sen. Thomas Duane, who'd prefer to wait until we have the votes to win, NY Gov. David Paterson will introduce his marriage equality bill on Thursday.

Mr. Paterson has said in recent days that the State Legislature should move ahead now with the legislation regardless of whether it can muster enough votes. His reasoning, which some gay rights advocates have challenged, is that New York should make a statement that it is committed to treating same-sex couples the same way it treats opposite-sex couples. The announcement will take place at 10 a.m. on Thursday at Mr. Paterson’s office in Midtown Manhattan, said people who were briefed on the governor’s plans but who asked not to be identified because they did not want to upstage the governor. The fact that Mr. Paterson is introducing a bill does not, however, mean that action in the Legislature is imminent. It could take months — even longer — before the bill makes its way through the appropriate committees and onto the floor of the Senate and the Assembly.

A marriage equality bill sponsored by openly gay Assemblyman Daniel O'Donnell passed in the Assembly in 2007 and is expected to pass there again. The votes are not there in the state Senate, despite a one vote Democratic majority, due to a trio of anti-gay Senators from NYC. Senate Majority Leader Malcolm Smith says he will only bring the bill to the floor when there are enough votes to pass it, perhaps rendering Paterson's move this week largely symbolic.

RELATED: Despite a honeymoon of popularity after replacing former Gov. Eliot Spitzer, Paterson is presently suffering through highly negative public opinion polls which show that if the next gubernatorial election were held today, he would lose to prospective candidate Attorney General Andrew Cuomo by a margin of more than 3-1.

NY Sen. Malcolm Smith: No Gay Marriage For NY This Year

Speaking at a Human Rights Campaign function on Saturday, New York Senate Majority Leader Malcolm Smith said there was not yet enough support for marriage equality in the Senate for a winning vote in 2009.

Mr. Smith said that while he and his fellow Democrats were committed to legalizing marriage between gay and lesbian couples, there were not yet enough votes in the State Senate to pass a bill. Although the State Assembly has passed such legislation, and Gov. David A. Paterson is a strong supporter of gay rights, the Senate has been an obstacle to allowing same-sex marriages in New York.

Speaking in Manhattan at a fund-raiser for the Human Rights Campaign, a national gay-rights group, Mr. Smith said there was still much work to be done on the issue. “I know one of your top priorities is the recognition of marriage between same-sex couples — something that I strongly support, something that I believe in and something that we will make happen together,” he told the crowd. Then, as he received a burst of applause and cheers, he added, “Hold up.” He went on: “Although we do not have the number of votes at this time needed to pass the marriage equality gender bill this legislative session, we are committed to pursuing its passage. And the question is not if; the question is when. So our work still needs to happen for it to happen this year. But I’m going to need your help, and I’m going to need your prayers.”

Marriage equality has already been approved in the NY Assembly and would likely be easily re-approved there once the Senate gets on board. Whenever that is.

Malcolm Smith Elected Majority Leader Of New York Senate

One of the most contentious, embarrassing, and ridiculous sagas in the history of the New York Democratic party (and that's saying something) is over.

Democrats have taken control of New York's Senate for the first time in 43 years after whittling away the Republicans' last stronghold in state government over the last decade and then fending off a challenge from within their own party. Hours after the Democrats shored up a 32-30 majority won in the November elections, they chose Sen. Malcolm Smith of Queens as their majority leader on Wednesday. The action gave Democrats control of the Senate, Assembly and governor's office for the first time since the 1930s. Former Senate Majority Leader Dean Skelos, a Long Island Republican, is expected to be the minority leader.

After all the anti-gay bullshit from the Gang of Three, the dissident dumbos supported Smith in return for leadership concessions much smaller than they originally demanded.

The Empire State Pride Agenda responds to Smith's election:

LGBT New Yorkers and our allies should be proud today. We now not only have a Senate Majority Leader who supports our issues, but one that has stated a number of times that he will help us find the support needed to pass crucial bills like marriage equality, the Gender Expression Non-Discrimination Act and the Dignity for All Students Act. We should also be proud that our community helped to make this happen by working hard during the November 4 elections to replace two anti-LGBT State Senators with two new, pro-LGBT State Senators.

Our community now has more work to do. Today we know that we have supportive leadership, but we also know that we do not yet have the votes that we need to pass some of our most important bills. In the months to come, join us as we work in districts across the state to build the support that will allow us to bring these bills to the Senate floor to be passed. It will take hard work—none of our victories have ever been easy—but together we can do it.

Jeff Campagna, leader of the Facebook-based group, The Power, who campaigned vigorously against the Gang of Three in support of Malcolm Smith, reacts:

I congratulate Malcolm Smith on his election as Senate Majority Leader after forty years of Republican control of that chamber. The people of New York can be proud that they came together and sent a clear message to our elected leaders that they will not tolerate the use of the LGBT civil rights as a political bargaining chip. The Democrats are to be commended for hearing that message. Malcolm Smith's election means that LGBT people have a chance to achieve marriage equality, where under the Republicans we had none. That said, if the last two months have taught us anything, it's that even within the Democratic Party, there are enemies of equality and others who have yet to join our cause. So this is just the beginning of our fight. We must continue to organize and speak out. But have no doubt, we will prevail.

Diaz Steps Up The Hate

Anti-gay New York Sen. Ruben Diaz, the ringleader of New York's now-infamous "Gang Of Three" dissident Democratic senators, has been distributing the flyer below to the press, apparently in reaction to criticism from gay rights and labor groups.Via New York Magazine:

It appears that Ruben "I hate gay people more than I like getting things done" Diaz Sr. is beginning to crack under pressure from groups like the Working Families Party, the Empire State Pride Agenda, and a handful of unions. The outside interests, who support Democratic Senate leader Malcolm Smith in Albany, have been purchasing ads in Bronx papers, passing out leaflets, and circulating petitions urging constituents to voice dissatisfaction with Diaz's split from his party. The groups have targeted Diaz and fellow rebel Pedro Espada, reports Elizabeth Benjamin in the Daily News, after political negotiations fell through.

Late yesterday Diaz's office sent out a frantic, brightly colored (but not gay) missive to the press and constituents, saying "NO!" to budget cuts. He decries Paterson's proposed cuts at length, arguing that the $15.4 billion budget gap can be addressed in "other ways." (No mention is made of how the state is legally obligated to balance its accounts, nor are alternate suggestions rendered, of course.) Then, just in case you forgot what else he hates, he adds that he does not "support the matrimony of homosexual couples, nor … abortion on demand." But, he insists, "I am still a Democrat. And I will always be a Democrat." Because opposing progressive agendas and sabotaging liberal party politics — that's what Democrats do.

Earlier this month the "deal" between the "Gang Of Three" and possible Senate Majority Leader Malcolm Smith abruptly fell through when Smith finally did the right thing and told the three that he'd rather the Democrats lost the majority than kowtow to their outrageous demands for leadership positions and massive personal budgets.

Gay City News On Senate Deal Collapse

Gay City News' Paul Schindler has written a great recap of this tumultuous week in the New York Senate. If you've been confused by the alliances, the deals, the un-deals, and where things stand at the moment - read the story. An excerpt:

[Sen. Malcolm] Smith has taken a gamble - he and his fellow Democrats may well be consigned to another two years in the minority. And whether in the minority or the majority, Smith has undoubtedly gotten at least some of his Senate colleagues wondering whether he is the Democrat best suited to lead the caucus. No sure-bet challengers have come forward or even come to mind for most political observers.

If the Democrats cannot hold onto the majority, marriage equality is effectively dead for two years - it was the intransigence of Skelos on that issue and others such as transgender rights that convinced the Pride Agenda that it needed to cast its lot fully and squarely against the Republicans this year. At the same time, Van Capelle is breathing a huge sigh of relief that the potential betrayal has been staved off.

"We applaud Senator Malcolm Smith's ongoing efforts to lead the new Senate majority that voters chose during the recent elections," he said in a written release. "By stating that reform in the Senate cannot include bargaining away civil rights, Senator Smith has once again demonstrated his commitment to standing up for all New Yorkers."

On an upbeat note, Van Capelle continued, "The Pride Agenda looks forward to continuing to work with Senator Smith when the legislative session starts." However, with a bow to the political reality that even if the Democrats run the Senate, GOP votes would be needed to get gay marriage over the goal line, he added, "In the meantime we will be working with legislative leaders - Democrats and Republicans... to earn the votes we need to bring the marriage equality bill to the floor of the Senate for passage."

Blame The Gays: New York Senate Deal Falling Apart DEAD, Anti-Gay Dems Cut Off

UPDATE: I'm moving this post back to the top because of a breaking development. NY state Sen. Malcolm Smith now says he's cut off negotiations with the anti-gay "Gang Of Three" because he'd "rather wait two more years to take charge of the Senate" than kowtow to a trio anti-gay Democrats.

Sen. Malcolm Smith said today that he will cease negotiations on the reorganization of the Senate with the so-called “Gang of Three”. "We are suspending negotiations, effective immediately, because to do so otherwise would reduce our moral standing and the long-term Senate Democratic commitment to reform and change,” Smith said. “It became very clear to me, over time, that those negotiations started being more about self interest.”

Last week it was reported that Sen.-elect Pedro Espada Jr. of the Bronx, one of the dissident senators, would be the senate majority leader in January. Smith, if supported by the majority of senators, would lead the Senate as president pro tempore. On Monday, however, Espada told The New York Times that he was displeased that Smith would be reducing the power of majority leader, and will not be supporting Smith.

If the three dissident senators, Espada, Sen. Carl Kruger of Brooklyn and Sen. Ruben Diaz Sr. of the Bronx, do not support Smith as the leader of the Senate, he may not be elected to the position. The decision to suspend talks with the three, which Smith said Gov. David A. Paterson supports, could drive them to the Republican side of the aisle, putting the Democrats back in the minority.

“Frankly, we would rather wait two more years to take charge of the Senate than to simply serve the interests of a few,” Smith said. He also said limiting civil rights of New Yorkers should not be part of the negotiations, but should be part of the legislative process. It was reported that Diaz would not support a Senate leader who would push a bill legalizing same-sex marriage.

The Empire State Pride Agenda reacts:

“We applaud Senator Malcolm Smith’s ongoing efforts to lead the new Senate Majority that voters chose during the recent elections. By stating that reform in the Senate cannot include bargaining away civil rights, Senator Smith has once again demonstrated his commitment to standing up for all New Yorkers. The Pride Agenda looks forward to continuing to work with Senator Smith when the legislative session starts. In the meantime we will be working with legislative leaders—Democrats and Republicans—and continuing to do what we’ve been doing all along: working with our community and our allies across New York, including those from communities of faith and organized labor, to earn the votes we need to bring the marriage equality bill to the floor of the Senate for passage.”

From earlier today:

Political columnists are saying that the Democrats' power-sharing deal for the "Gang Of Three" dissident New York state Senate Democrats is falling apart. You'll remember that last week a backroom deal was struck to put anti-gay Sen. Pedro Espada into the Majority Leader position.

Yesterday anti-gay Sen. Ruben Diaz, Jr. partially blamed the gays for the deal falling apart and made a bizarre vague threat:

"The gays are calling my office. They're jamming my phones. They're going to see what we can do. They've going to see exactly what we can do. Ed Koch is going to see what we can do. They're just going to see. That is what I'm telling you."

NY Daily News political columnist Elizabeth Benjamin: "I have no idea what he meant by any of this. But he's angry, and he insists there will be consequences. So, there you have it."

Via Daily News:

Malcolm Smith's deal with the Gang of Three is crashing down around his ears, and the renegade trio is accusing him of renegging on significant portions of the power-sharing agreement in the wake of displeasure from his members over how much he gave away to end the leadership stalemate.

Richard Lipsky, a lobbyist and blogger who is close to the Gang of Three ringleader Carl Kruger, (but, he says, not on the senator's payroll), accused Smith of trying to "slice-and-dice" the majority leader position that was supposed to be going to Senator-elect Pedro Espada Jr.

Attorneys for the two sides have been negotiating back and forth throughout the day with little to show for it. There was supposed to be a big announcement tomorrow by Smith, but that appears to be off for the moment. Within the last hour, Espada told The Times he is "tremendously dismayed and disappointed" by reports in recent days that the majority leader's post will perhaps not have any real responsibilities attached to it, adding that this has led him to "suspend my support for Malcolm Smith as leader.” Espada has been the focus of intense scrutiny of late, too. So maybe that has something to do with Smith's sudden reluctance to put him in such a prominent role.

That "intense scrutiny" is about Espada's failing to file campaign papers properly and failing to pay $60K in fines related to his last campaign, something I mentioned here a month ago.

Where the fight for New York Senate Majority Leader now stands, nobody seems to know.

(Tipped by Famous Author Rob Brynes)

NY Senate: Backroom Deal To Install Anti-Gay Sen. Espada As Majority Leader, Gay Marriage Will Not Happen In 2009

In a backroom deal that Democrats are somehow hailing as a breakthrough, anti-gay Sen. Pedro Espada Jr. will become Majority Leader of the New York Senate. One of the "Gang Of Three" dissident Democrats that had threatened to hand the leadership over to the GOP, Espada opposes same-sex marriage and wants to the issue put to voters in a referendum.

Under the GOP, marriage equality was not allowed to come to a vote in the Senate. With Espada at the helm, even with the Democrats running the show, it is now definite that we will not see a vote on marriage equality in the next session.

A bill to legalize same-sex marriage will not be brought to the floor of the Senate for a vote this year. Malcolm Smith will announce that he does not believe the measure has sufficient votes to pass - a statement that is at this point undoubtedly true, [JMG: Not all agree.] although it's unclear how long that will last if, as Democrats are hoping, the prospect of being in the minority leads to mass GOP retirements.

Under the power-sharing terms of the deal, a planned change in the Senate rules will allow formerly presumptive majority leader Malcolm Smith (D) to be the Senate's president pro tempore, with Espada becoming Majority Leader and the most powerful Latino politician in the state. Under the GOP, both positions were held by the now-retired Sen. Joe Bruno. Reportedly, Espada will also become vice chairman of the Senate Rules Committee, the last stop for a bill before it is presented to the full Senate for a vote.

And it doesn't stop there. Anti-gay Sen. Carl Kruger, another of the "Gang", will get the plum position of chair of the Senate Finance Committee, a job the GOP had offered Kruger as enticement for him to switch parties. Kruger will get his own multimillion dollar budget and "increased autonomy" in the job. Yes, that's how we do things here in New York - you fuck us over and WE give a high profile job and a few million dollars to play with.

And thus ends our hope for marriage equality in New York in the near future. In 2010 there will be a redistricting in New York state, a process that the Democrats will at least now be able to control. Therein may lie our hope for marriage equality in 2011.

UPDATE: The Empire State Pride Agenda responds to the news:

This afternoon, additional rumors began circulating in the press regarding discussions about a timeline for marriage equality legislation during the State Senate leadership negotiations. We have been told several times by the Democratic Senate Leadership that marriage equality legislation will come to the Senate floor for a vote once we have enough votes to pass the bill. We have no reason to believe that this has changed.

In response to these recent rumors, we have released the statement below. We will continue to update you on this issue.

Pride Agenda Executive Director Alan Van Capelle in Response to Rumors About Marriage Equality and the Senate Leadership Deal

December 4, 2008 - “We are still awaiting the final details of the announced State Senate leadership deal. We would expect that any rumors that marriage equality was somehow a part of this deal are just that—rumors. Civil rights should never be a bargaining chip in any political leadership battle, and we would be outraged if the issue of marriage equality was even part of the discussions.”

NY GOP Tries To Bribe Renegade Dems, Offers $6M To Stop Marriage Equality

The Republican leadership in the New York Senate is trying to bribe the three renegade Democratic senators to support their choice for majority leader with promises of committee leadership positions and access to a multimillion dollar budget.

In a move that could help woo three Democrats whose votes will determine which party will control the New York State Senate next year, Republicans are planning to grant more autonomy and power to key committees, officials said on Monday.

The most striking change will involve the Senate Finance Committee, which plays a major role in budget planning and has the power to approve all of the governor’s nominations to top executive branch jobs. Under the plan, the Finance Committee would be given its own funds in the state budget, allowing it to operate almost independently from the rest of the Senate. Traditionally in the Legislature, committee leaders are effectively figureheads who defer to the Senate and Assembly leaders.

But the change would also empower Senate Republicans to offer an especially attractive post to one of the three Democrats — Senators Rubén Díaz Sr. and Carl Kruger and Senator-elect Pedro Espada Jr. — who have not yet committed to supporting Malcolm A. Smith, the Senate’s top Democrat. Mr. Smith needs their votes to become majority leader when the Senate meets in January.

The dangled fund is reported to be about $6M.

Senate Republicans, who narrowly lost majority control on Election Day, are moving to create a nearly $6 million honey pot designed to encourage one of the "Gang of Three" Democrats to defect to the GOP side, The Post has learned. The highly unusual move involves the $95 million 2008-09 budget that the still GOP-controlled Senate must submit to Gov. Paterson's office by the end of next week.

For the first time in 14 years, the Senate budget, which cannot be altered by the governor, will contain a separate $5.9 million expenditure for the powerful Finance Committee, the chairman of which will be chosen in January by the next majority leader. "It's a carrot that people will take a look at," a Senate source said. "The money will be there for whoever heads the Senate Finance Committee next year, it means power and influence and a seat at the table for whoever is the chairman."

If the Democrats do not win the majority leadership position, it is highly unlikely that marriage equality will come to a vote in the New York Senate during the next session. While the GOP has many reasons to lust over the majority leadership job, this outrageous bribe can only be read as a deliberate attempt to buy their way to continued discrimination against gay New Yorkers.

Pressure Rises Against NY Sen. Ruben Diaz Over Marriage Equality

The NY Daily News reports today that the Spanish-language newspaper El Diario/La Prensa has called out NY Sen. Ruben Diaz (D-Bronx) for blocking progress on marriage equality. El Diario:

"Rev. Diaz and others are supposedly not for denying rights to gays and lesbians but believe that marriage should be between a man and woman. Yet, it’s this very discriminatory position that serves to exclude lesbian and gay couples from obtaining the rights, benefits and standing that heterosexuals take for granted.

"This use of religious beliefs to block basic civil rights undermines the separation of church and state in this nation. The basis of that separation lies in the experience of early American colonists who had fled religious persecution elsewhere to pursue tolerance, acceptance and freedom in the “new” world. Latinos, as well as other groups, should have an honest conversation about homophobia. Discrimination, whether within or outside of our communities, on the basis of color, immigration status, gender or sexuality is just not acceptable."

The News also notes the anti-Diaz campaign on Facebook.

Diaz is also the target of another kind of (probably unwelcome) attention from a new (and rather exhaustively-titled) Facebook page called "Stop a Marriage Referendum in New York: Malcolm Smith for Majority Leader." Officers of the group include a number of well-known LGBT activists like Ethan Geto, Stonewall Democrats Matthew Carlin, Corey Johnson, and the page's creator, Jeff Campagna, a producer and activist, who wrote:

"I am furious that the obstacle standing between us and marriage equality is a Democratic state senator named Ruben Diaz Sr., from the Bronx, who with his two friends Senators Carl Kruger and Pedro Espada Jr., also Democrats, is threatening to stand with the Republicans to block Malcolm Smith from becoming Senate Majority Leader in January. Why would Ruben Diaz Sr. do this? Because he says he refuses to back a Senate Majority Leader like Malcolm Smith, who supports marriage equality and who will finally put the issue to a vote. But Ruben Diaz Sr. isn’t just threatening to block Malcolm Smith from being majority leader. He’s so obsessed with gay marriage that he’s trying to figure out how to bring Proposition 8 to the ballot in New York. Maybe Senator Diaz thinks that we’re all going to let this pass and walk on eggshells as he plays power games with his Senate colleagues. We have before. Remember when we cheered the passage of a sexual orientation non-discrimination act that was stripped of protections for gender expression because we didn’t want to rock the boat?"

Both on Facebook and at an anti-Prop 8 rally outside City Hall last week, Campagna urged gay marriage supporters to contact Diaz Sr. and urge him to support Smith. At the rally, he called on everyone present to pull out their cell phones and program in the senator's office number, which he yelled out from the podium.

Gov. David Paterson has met with Diaz to discuss his recalcitrance on marriage equality.

NY: Two Dem Senators Want A State Referendum On Marriage Equality

The battle for New York senate majority leader continues as a trio of Democratic senators say they want a Latino in the post, not current Minority Leader Sen. Malcolm Smith, who is African-American. And two of the three, Sen. Carl Kruger and Sen. Ruben Diaz, Sr. say they want a state referendum on marriage equality rather than a legislative approval.

Mr. Kruger and Mr. Díaz also said on Tuesday that they would seek a statewide referendum on same-sex marriage as a way of forgoing a legislative vote. The issue has been a sticking point for Mr. Díaz, a Pentacostal minister who has vowed not to support any leadership candidate who brings a same-sex marriage bill to the Senate floor.

The rest of the Democrats in the Senate are endorsing Malcolm Smith and are frustrated with the rebelling senators. For his part, Smith has refused to state whether he will bring marriage equality to the Senate floor. Whoever triumphs in the battle for majority leader, we may face more ugly minority-vs-minority politics on the issue of gay marriage. The Democrats have a one seat majority in the Senate.

Dems Take NY Senate Majority

The Democratic Party has won a majority in the New York State Senate for the first time in 44 years. And not since 1935 have the Democrats controlled both chambers of the state legislature and the governor's mansion. However, the presumptive Senate Majority Leader, Malcolm Smith, faces a quartet of Democratic senators (all from NYC) who have so far refused to commit to supporting a Democratic majority leader. If Smith does assume the post, many expect that marriage equality in New York may at last be coming, and soon. So far, however, Smith has refused to give his definitive position on the issue.

NY Senate Minority Leader Malcolm Smith Won't Talk About Marriage Equality

You may recall that in September I worried about NY Senate Minority Leader Malcolm Smith's tepid enthusiasm for marriage equality. If the Democrats seize the majority next week, it will incumbent upon Smith as the new Majority Leader to finally put the issue before the Senate, potentially the final step for approval as the Democrat-dominated Assembly has already approved the issue once. (And we already know that Gov. Paterson will sign on in a heartbeat.) But watch this clip from yesterday in which Smith evades repeated questions on marriage equality, ignoring the reporter and talking instead about the economy.

If the Dems take the Senate majority on Tuesday, some think that marriage equality will be a done deal for New York. It would certainly be difficult for Smith to withstand the enormous pressure for him to bring it to the Senate floor. But I remain very suspicious of his intentions. I'll be delighted for Sen. Smith to prove me wrong - as will a few of my dear friends who've put their weddings on hold, hoping for Central Park in June.

(Clip via - Towleroad)