Those in power, especially if they're white, get to say that almost anything they do is legal and what those other people do is illegal. Those not in power, especially if they're black, get to serve time, or worse, for those illegal actions, no matter how minor.
12
Clearly, If you offer politicians the opportunity to stay in office for extended periods of time you give them information, access and time to learn how to do us damage. They build relationships they can turn to mischief quite readily. The solution? Term limits...plain and simple. Give a thief all the time he needs to crack the code to open the safe to get the money to pay off the ...well...you know the rest of the story.
8
"...the scandal is what's legal." There's such a thing as burying the lead. Here i think you've buried the story. Take a look at what's legal: we subsidize oil and gas and in the process global warming; we subsidize chemical farming rather than organic farming; tax laws are specifically designed to make the rich richer; corporations are not legal entities to avoid liabilities in the name of profit, but are people...the list goes on and on.
18
You're quoting the American Tort Reform Association as authoritative? Really?
11
This baloney has gone on in Albany forever.
Not only right under everyone's noses, but with open visibility.
Yes EVERY one of these politician criminals has been voted in over and over, in overwhelming tallies.
Including Cuomo - the great protector - who killed the probe that would end this. Of course, he was also wholly endorsed for reelection by the NYT, etc.
And now, suddenly, there is revolt about what goes on in Albany? Please.
If Silver wasn't charged, the NYT and its voters would have supported this corrupt Albany machine for years to come.
So, please, spare the alligator tears.
Not only right under everyone's noses, but with open visibility.
Yes EVERY one of these politician criminals has been voted in over and over, in overwhelming tallies.
Including Cuomo - the great protector - who killed the probe that would end this. Of course, he was also wholly endorsed for reelection by the NYT, etc.
And now, suddenly, there is revolt about what goes on in Albany? Please.
If Silver wasn't charged, the NYT and its voters would have supported this corrupt Albany machine for years to come.
So, please, spare the alligator tears.
16
The scary aspect is that corruption is becoming a norm and acceptable in our society, otherwise how could Mr. Silver rule for years . Many famous corruption fighting attorney generals of NY, including Mr.Como, just looked away.
22
Some? There's a huge amount of corruption that is perfectly legal. Our Federal Food and Drug Administration is run by the pharmaceutical industry. The Agricultural Department is headed by a former general council to Monsanto. The list goes on and on.
A corrupt experiment is one whose required process has been compromised and so its results can no longer be considered reliable. Apply this simple definition to a host of governmental agencies and you will discover that even though there are no indictments they are indeed corrupt.
Our democracy has decidedly tilted toward wealthy corporate interests. In all cases? No, but certainly in enough so that the results from many parts of our government are "no longer reliable."
A corrupt experiment is one whose required process has been compromised and so its results can no longer be considered reliable. Apply this simple definition to a host of governmental agencies and you will discover that even though there are no indictments they are indeed corrupt.
Our democracy has decidedly tilted toward wealthy corporate interests. In all cases? No, but certainly in enough so that the results from many parts of our government are "no longer reliable."
17
Greater argument for term limits across the board at federal, state and city limits
11
Institutionalized corruption has gotten completely out of control. We need to know about this kind of thing so we can take action to elect people who will change it so please keep this kind of information coming, Mr. Nocera. All money can buy is OUR votes or campaigns to try to destroy our faith in OUR government. We simply must recruit trustworthy, honest people who actually want to preserve democracy and pledge our votes to them - not money - to change things.
5
When I lived in NYC over 40 YAG, payoffs were common. There was a huge publicly funded housing project on the west side and talk about swanky apartments. Three and four bedroom with parking in the basement - big question - how much "key money" was required. There was also a big uproar about the building inspectors being on the take. In Chicago the common phrase was, "where is mine".
Palm greasing is a way too common practice.
Now if you happen to be a member of the US Congress, you have a way to create laws that make getting lagress from interest groups perfectly legal and you Gucci Gulch buddies can see to that for a little grease.
NYC is one of the most competitive places on earth and many of the power players in business and politics do all they can to win.
Legal - only if there is no other way.
Palm greasing is a way too common practice.
Now if you happen to be a member of the US Congress, you have a way to create laws that make getting lagress from interest groups perfectly legal and you Gucci Gulch buddies can see to that for a little grease.
NYC is one of the most competitive places on earth and many of the power players in business and politics do all they can to win.
Legal - only if there is no other way.
8
Pam wrote "Legislators write the law, folks."
Throughout history, every civilization has formed a government, and imbued that government with two great powers: the powers to write and enforce the laws by which a society lives. Every society, in its early stages grants these powers to honorable individuals, who generally use their authority for the betterment of the society. The great civilizations flourished because their leaders used their powers wisely.
And it is in this flourishing that the seeds of destruction are sown. As a society succeeds, it will necessarily grow, and as it grows, more and more of its citizens lose interest in and access to the individuals who run the government.
Success also creates greater opportunities for corruption. Successful societies generate wealth for many and simply need for money to run effectively. The more money available to a government, the greater the chance of corruption.
America, has done a reasonably good job of controlling the second power, regarding the enforcement of the laws. We're not perfect, but there seems to be a common attitude that unequal enforcement of the laws is not to be tolerated. I know that this is not perfectly true, but that's a different discussion.
Where we have been less successful is in watching and disciplining the government for corrupt behavior. Money must be spent, but we have lost the ability to monitor how it is spent, and to discipline the corrupt.
The only solution is constant vigilence.
Throughout history, every civilization has formed a government, and imbued that government with two great powers: the powers to write and enforce the laws by which a society lives. Every society, in its early stages grants these powers to honorable individuals, who generally use their authority for the betterment of the society. The great civilizations flourished because their leaders used their powers wisely.
And it is in this flourishing that the seeds of destruction are sown. As a society succeeds, it will necessarily grow, and as it grows, more and more of its citizens lose interest in and access to the individuals who run the government.
Success also creates greater opportunities for corruption. Successful societies generate wealth for many and simply need for money to run effectively. The more money available to a government, the greater the chance of corruption.
America, has done a reasonably good job of controlling the second power, regarding the enforcement of the laws. We're not perfect, but there seems to be a common attitude that unequal enforcement of the laws is not to be tolerated. I know that this is not perfectly true, but that's a different discussion.
Where we have been less successful is in watching and disciplining the government for corrupt behavior. Money must be spent, but we have lost the ability to monitor how it is spent, and to discipline the corrupt.
The only solution is constant vigilence.
7
So, can we all finally agree its not just the banks that a sticking to the normal person? OCCUPY ALBANY!
4
Anybody read Animal Farm?
The core of NYS politicians are certainly pigs on two legs.
We have been fleeced, again by those that feed at the public trough.
It is not SNAP or Medicaid or any subsidy for the poor and needy.
It is the legalized corruption of politicians, lawyers and judges that is THE problem. The system is indeed rigged.
The core of NYS politicians are certainly pigs on two legs.
We have been fleeced, again by those that feed at the public trough.
It is not SNAP or Medicaid or any subsidy for the poor and needy.
It is the legalized corruption of politicians, lawyers and judges that is THE problem. The system is indeed rigged.
16
The civil justice system in this country is as broken and corrupt as NY's state and county government is -- and that's saying something. The vast amounts of money to be had for a wink and a hand-shake make it impossible for these folks to stay clean.
4
All this legal maneuvering - regarding asbestos' exposure and mesothelioma- may be 'perfectly legal', but has a perfectly corrupt smell, that would never pass muster in the ethical arena. Another 'loophole' for those in the rarefied air of the'know-how' in our political filthy chowder of infested back-room negotiations. For folks embarked in all this, one may presume all mirrors are removed, so the culprits won't have to look at themselves in the morning.
3
Plaintiff's lawsuit abuse, abetted by state legislatures packed with plaintiffs lawyers, is a national disgrace and is not confined to NYC. Think Mississippi or the East Coast of Southern Florida. It is a cancer on the body of American business.
3
In a triumph of ethical courage and intellectual daring our conservative supreme court has found the final solution to political corruption: they legalized it. Poof! No more corruption. They've applied the same principle to infringements on voting rights and any number of other irritating constraints on bigotry and monied interests. Works like magic. Poof!
14
Lawyers live in a bubble. As a profession, they have learned to manipulate the law to enrich themselves and then practice a "he does it too" defense. Should the courts rule that pervasive abuses of the law whose primary purpose is to enrich lawyers is illegal, the systemic fall out would require massive long term penalties to be paid by that great number of attorneys who practice law to enrich themselves first at the expense of their clients. Preet Bharara and his team certainly know that the system is corrupt and enriching the wrong people, lawyers (disproportionately). Starting with a Government Official of high standing will allow for greater pursuit of the keepers of corruption, the lawyers. Let's hope Mr. Bharara has picked the right official to pursue in this noble effort.
6
Wow! This guy Silver and his crowd of childhood chums, and bullies (Luxenberg, Taub, Lippman, Heitler (appointed by Bloomberg)- Lawyers, Doctors, Judges- should all be handed their walking papers, and jail time where appropriate. That includes the Chief Justice who valued nepotism rather than than legal ethics.
6
Anybody seen "Chicago" recently? Give em the old razzle dazzle.
1
When I began practicing in 1968, lawyers were among the most widely respected professionals and trial lawyers like Louis Nizer and Edward Bennett Williams were widely admired. Lawyer advertising changed that--and the emergence of case-running lawyers like Sheldon Silver. However, there's another story that needs to be written, and I hope Mr. Nocera is the one who writes it, about how the courthouse has become the special dominion of the wealthy, the direct result of three supreme court cases, two of them written by liberals (who never tried a lawsuit).
7
This situation of rot has not gotten half the media play it deserves. Of course, it is Super Bowl week.
4
New York Times. Please look into the relationship between the charity Silver's wife works for (OHEL Children and Family Services) and Silver. He has directed millions in tax payer funds to this organization. It stretches the imagination to conclude there is no quid pro quo there too.
13
Dear Mr. Nocera,
Almost makes you wish "Boss Tweed" was back, doesn't it? At least, as I understand it, the average "voter" got a turkey in return for his vote (Women, of course, weren't allowed to vote).
As for the current batch of 'turkeys" posing as legislators in new York, well one of them is going to trial proving, once more, Balzac's comment:
"Behind every large fortune is a large crime".
I assume Mr. Silver's family will be rather well off no matter what the verdict and, at some point, perhaps one of the Silver offspring will be back up in Albany (Contrary to SCOTUS, I believe money DOES buy influence).
All in all, prosecuting Mr. Silver might make everyone "feel good" ("Look, we're cleaning out our own house, hint, hint, wink, wink...") while the rest of the legislators conspire to hide their own lack of "ethics".
And I am sure Mr. Silver will have the best legal team money can buy. I further assume that any actual "trial" is miles down the road at which point public interest will have waned (Justin Beiber will probably fill in the "news" void) and Mr. Silver won't be serving time in Attica.
So, let's just wait for the next round of corruption and hope, at least for the time being, the state of New York receives some kind of governing.
Oh yes, the "Real Scandal" will be if the voters tacitly condone this bunch by re-electing them.
Almost makes you wish "Boss Tweed" was back, doesn't it? At least, as I understand it, the average "voter" got a turkey in return for his vote (Women, of course, weren't allowed to vote).
As for the current batch of 'turkeys" posing as legislators in new York, well one of them is going to trial proving, once more, Balzac's comment:
"Behind every large fortune is a large crime".
I assume Mr. Silver's family will be rather well off no matter what the verdict and, at some point, perhaps one of the Silver offspring will be back up in Albany (Contrary to SCOTUS, I believe money DOES buy influence).
All in all, prosecuting Mr. Silver might make everyone "feel good" ("Look, we're cleaning out our own house, hint, hint, wink, wink...") while the rest of the legislators conspire to hide their own lack of "ethics".
And I am sure Mr. Silver will have the best legal team money can buy. I further assume that any actual "trial" is miles down the road at which point public interest will have waned (Justin Beiber will probably fill in the "news" void) and Mr. Silver won't be serving time in Attica.
So, let's just wait for the next round of corruption and hope, at least for the time being, the state of New York receives some kind of governing.
Oh yes, the "Real Scandal" will be if the voters tacitly condone this bunch by re-electing them.
7
>
It is common knowledge to even a half wit that they have legalized most forms of bribery in our government. We certainly didn't need Silver to bring that fact into the clearing.
The more relevant points are: What is to be done about it; and/or maybe we're just stuck with it, and this is just another bite out of the fecal filled sandwich called life.
It is common knowledge to even a half wit that they have legalized most forms of bribery in our government. We certainly didn't need Silver to bring that fact into the clearing.
The more relevant points are: What is to be done about it; and/or maybe we're just stuck with it, and this is just another bite out of the fecal filled sandwich called life.
4
Finally, Shelly Silver in the hoosegow, that momser!
Next: Rice, Bush, Rumsfeld, Powell, Wolfowitz, et al.
I should live so long...
Next: Rice, Bush, Rumsfeld, Powell, Wolfowitz, et al.
I should live so long...
10
The two party system insures one issue with bipartisan support at all levels of government. Corruption.
9
Reminds me of the sleezy lawyer Saul of 'Breaking Bad'
5
Tort reformists are equally entrenched, dear sir.
2
The only answer is term limits...two terms for all positions and then give than a plaque and a thank you for their public service.
Term limits together with full public financing for all election campaigns is the only hope to rid scandal, legal or not, out of elected public service!
Term limits together with full public financing for all election campaigns is the only hope to rid scandal, legal or not, out of elected public service!
22
I would add mandatory voting. When that happens it draws the candidates to a middle position on issues to garner the most votes
1
And all of this is surprising? Maybe some of the sunlight you've shined on these dealings will shame some of the other "legal" players in this sad story (sad for society and fairness). Of course $ always trumps shame, so I'm not holding my breath.
3
Putin could learn a few things from how New York does business.
4
This is simple third world corruption funded by us, hard working taxpayers struggling with our own bills while politicians and private companies conspire to still our money. How is that there is no money for our children education but there is for single doctors performing research on cases that affect very few people?
7
Mr. Nocera raises a point that plagues many parts of our society and culture:. The rules, regulations and guidelines that constitute our protection constitute a porous barrier. More often than not they are meant to work in concert with an unspoken ethos. In fact in the absence of that ethos our protective layer is thin. There is a certain personality that exploits these holes, whether it be a politician, an investment banker, a con man or a bully; once free of the unwritten ethos you get: "hey there's no law against it "or it's not illegal"
5
The United States is one of the most corrupt nations on earth, but we have had the evil good sense to make the corruption entirely legal. See e.g. McCutcheon and Citizens United.
6
The peals of righteous indignation are predictable, but tiring.
"Remove money and bring back our democracy" blah, blah, blah.
It would be nice if Americans had a memory longer than headline.
Corruption and greed have been integral parts to any human endeavor.
Government is supposed to be people "rising up" to serve the public good. As we've seen, time and time again, it usually results in a tainting of the official who is now the target of the truly rich. The oligarch gives the official a taste of the 1% life in exchange for access to ever expanding opportunities to amass more wealth.
Civil Service was created in an attempt to remove patronage and political influence and professionalize government employment. What it became is too often a loyalty system of CYA where marginally qualified people rise through the ranks through little more than longevity and the ability to minimize or fire those who might reveal their lack of ability or integrity.
Unions rose to challenge the seemingly unfettered power of the monied industrialists. While some gains were achieved, newly elevated leaders (much like elected officials) found themselves rubbing elbows with those well above their social strata, so their goals became less about speaking for the workers and more about sustaining their role as leader.
... just to mention a few examples.
I know, John/Jane Q. Public would NEVER succumb to such temptations if the opportunity arose. The history of humanity suggests otherwise.
"Remove money and bring back our democracy" blah, blah, blah.
It would be nice if Americans had a memory longer than headline.
Corruption and greed have been integral parts to any human endeavor.
Government is supposed to be people "rising up" to serve the public good. As we've seen, time and time again, it usually results in a tainting of the official who is now the target of the truly rich. The oligarch gives the official a taste of the 1% life in exchange for access to ever expanding opportunities to amass more wealth.
Civil Service was created in an attempt to remove patronage and political influence and professionalize government employment. What it became is too often a loyalty system of CYA where marginally qualified people rise through the ranks through little more than longevity and the ability to minimize or fire those who might reveal their lack of ability or integrity.
Unions rose to challenge the seemingly unfettered power of the monied industrialists. While some gains were achieved, newly elevated leaders (much like elected officials) found themselves rubbing elbows with those well above their social strata, so their goals became less about speaking for the workers and more about sustaining their role as leader.
... just to mention a few examples.
I know, John/Jane Q. Public would NEVER succumb to such temptations if the opportunity arose. The history of humanity suggests otherwise.
8
Can you offer anything besides world-weary nihilism?
The only alternative to government is anarchy; we have little choice but to continue to refine how we manage living together.
Tiresome to you or not, removing financial incentives from political decisions is fundamental to fashioning a rational government that is responsive to its citizens.
The only alternative to government is anarchy; we have little choice but to continue to refine how we manage living together.
Tiresome to you or not, removing financial incentives from political decisions is fundamental to fashioning a rational government that is responsive to its citizens.
5
Look at the Scandinavian countries.
They don't have these problems.
It doesn't have to be this way.
They don't have these problems.
It doesn't have to be this way.
2
"Prior to Heitler’s appointment, the court had deferred punitive damages claims indefinitely for the sensible reason that since companies stopped making asbestos products decades earlier there was no behavior to correct. But after Weitz & Luxenberg requested that this deferral be lifted, Heitler brought punitive damages back. Mesothelioma cases that had very little in common were consolidated, which pressured defendant companies to settle and, when they didn’t, could lead to huge jury awards."
Question: If there was, "....no behavior [ re: asbestos] to correct", as Mr. Nocera says, did these subsequent winning cases come from? No statute of limitations on cases from before asbestos was banned, or were these new claims caused by old asbestos?
In the absence of answers to these questions ( and Mr. Noceras' previously expressed bias towards "tort reform" to limit awards to plaintiffs), I am inclined to conclude that there was, perhaps, another thumb besides Mr. Silver's on the opposite side of the plaintiff/defendant scale. Can we agree that thumbs on either side of the scales of justice are never a good thing?
Question: If there was, "....no behavior [ re: asbestos] to correct", as Mr. Nocera says, did these subsequent winning cases come from? No statute of limitations on cases from before asbestos was banned, or were these new claims caused by old asbestos?
In the absence of answers to these questions ( and Mr. Noceras' previously expressed bias towards "tort reform" to limit awards to plaintiffs), I am inclined to conclude that there was, perhaps, another thumb besides Mr. Silver's on the opposite side of the plaintiff/defendant scale. Can we agree that thumbs on either side of the scales of justice are never a good thing?
6
If Gov. Cuomo wants to reduce the tax burden, he can lower the state sales tax- that would be a boon to retailers, and all who live and shop in NYS.
47% of the state's children live in poverty (worse since Gov. Cuomo took office) but Cuomo has not raised the minimum wage to the level recommended by the council that would lift workers and their families out of poverty. Instead, we subsidize the employers with state funded food stamps, hosing, welfare- paying for their workers' basic needs.
The Sate supreme court has ruled that the schools are underfunded but billions- but Gov. Cuomo wants those billions now available to go to businesses and developers, not the schools.
Cuomo campaigned in 20910 on a promise of reforming the re-districting process- which leaves almost all residents without a contrasted election. Guess what did not happen.
He campaigned on the promise of reforming the culture of corruption and is no longer credible on these issues.
47% of the state's children live in poverty (worse since Gov. Cuomo took office) but Cuomo has not raised the minimum wage to the level recommended by the council that would lift workers and their families out of poverty. Instead, we subsidize the employers with state funded food stamps, hosing, welfare- paying for their workers' basic needs.
The Sate supreme court has ruled that the schools are underfunded but billions- but Gov. Cuomo wants those billions now available to go to businesses and developers, not the schools.
Cuomo campaigned in 20910 on a promise of reforming the re-districting process- which leaves almost all residents without a contrasted election. Guess what did not happen.
He campaigned on the promise of reforming the culture of corruption and is no longer credible on these issues.
9
Question - is it still the case that in NY State it is legal for legislators to accumulate an ever-growing campaign war chest across campaigns(incumbency is so powerful that it ups the incoming contributions and drops the outgoing campaign expenses the longer you are in office). On retirement the legislator is then legally allowed to pocket the war chest.
I've always thought these provisions should have been designated as Bagman Provided Retirement Plans (BPRP's)
I've always thought these provisions should have been designated as Bagman Provided Retirement Plans (BPRP's)
7
Just greasing the gears of government to ensure that the right people are taken care of! We don't need no stinkin' democracy!
5
We, the citizens, must demand the removal of money from our political system and restore democracy.
9
In New York we have the best government money can buy.
Perhaps we should have a rule that when you go into public service, you turn over all of your assets and income to the government in exchange for a guaranty to get them back, plus inflation and a reasonable amount of interest, when you leave office, and a reasonable salary (no outside income of any kind).
Perhaps we should have a rule that when you go into public service, you turn over all of your assets and income to the government in exchange for a guaranty to get them back, plus inflation and a reasonable amount of interest, when you leave office, and a reasonable salary (no outside income of any kind).
12
Public humiliation is the best cure for non-violent crimes. Even slime mold fears exposure to sunlight.
6
Actually, I think serving time in jail should be added to the public humiliation. A publicly humiliated millionaire politician is still a millionaire politician.
3
Being legal is obviously not the same thing as being ethical. Is not breaking the law the only standard we have for our elected officials?
32
And Gov. Cuomo had absolutely no idea that such skullduggery could possibly be going on while he was Governor?
2
This type of corruption is an insult to everyone that works and struggles to have a decent life. Lots of people play the lottery in hopes of a big Payday. And some people just make "back room deals" (legal or not).
1
Joe Nocera seems to be an advocate for the interests of the insurance and oil industries.
4
Arrest everyone, and sort it out later - in NY terms later might be years.
“The scandal is what’s legal.”
New York's REAL scandal isn't what's legal. It's not even Sheldon Silver -- this has been going on in New York since Aaron Burr ate candied apples on lower Broadway, endangering what then was a set of not-too-firmly-anchored eighteenth century back teeth. New York State's legislature has been giving lessons for over two hundred years to all comers in how to enrich members through public office and get away with it. They're very good at it.
No, the real scandal is the Rev. Al Sharpton, and the way in which both Bill de Blasio and Barack Obama fawn over the man. But I have this theory. It was appropriate to condemn hefty-Al as the defender of Tawana Brawley, but it's even more appropriate to forget all that with svelte-Al. After all, Hollywood and the Upper West Side understand the sacrifices one must make to keep weight off (Alec Baldwin, Zach Galifianakis and Melissa McCarthy not included). Besides, EVERY political party needs a mountebank mascot. Ours is Sarah Palin.
I trust you folks will forgive me, but I've lived my entire adult life either in NYC or within spitting distance of it, and I've heard the occasional outbursts of outrage over Albany's corruption now for almost forty years. It's like complaining about aging: satisfying but, in the end, bootless.
Joe should focus his considerable talents on something he can actually do something about.
New York's REAL scandal isn't what's legal. It's not even Sheldon Silver -- this has been going on in New York since Aaron Burr ate candied apples on lower Broadway, endangering what then was a set of not-too-firmly-anchored eighteenth century back teeth. New York State's legislature has been giving lessons for over two hundred years to all comers in how to enrich members through public office and get away with it. They're very good at it.
No, the real scandal is the Rev. Al Sharpton, and the way in which both Bill de Blasio and Barack Obama fawn over the man. But I have this theory. It was appropriate to condemn hefty-Al as the defender of Tawana Brawley, but it's even more appropriate to forget all that with svelte-Al. After all, Hollywood and the Upper West Side understand the sacrifices one must make to keep weight off (Alec Baldwin, Zach Galifianakis and Melissa McCarthy not included). Besides, EVERY political party needs a mountebank mascot. Ours is Sarah Palin.
I trust you folks will forgive me, but I've lived my entire adult life either in NYC or within spitting distance of it, and I've heard the occasional outbursts of outrage over Albany's corruption now for almost forty years. It's like complaining about aging: satisfying but, in the end, bootless.
Joe should focus his considerable talents on something he can actually do something about.
2
Legislators write the law, folks. Sheldon SIlver's corruption, and that of scores of others like him throughout the government of United States, -- federal, state and local -- is what you get when government is controlled by private money: legislators who write the law so they can legally line their pockets, and serve the interests of their puppet masters.
Ronald Reagan was dead wrong. Government, as such, is not the problem; government can serve to protect the populace from predation, on lots of different levels The problem is corrupt government, which is not independent; which has been sold to, and is controlled by the private sector.
That's essentially what exists in the United States today. It's the scourge of both parties, and we shouldn't shrink from calling it out, just as FDR did:“The liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it becomes stronger than the democratic state itself. That in its essence is fascism: ownership of government by an individual, by a group, or any controlling private power.”
Welcome to America, 2015.
Ronald Reagan was dead wrong. Government, as such, is not the problem; government can serve to protect the populace from predation, on lots of different levels The problem is corrupt government, which is not independent; which has been sold to, and is controlled by the private sector.
That's essentially what exists in the United States today. It's the scourge of both parties, and we shouldn't shrink from calling it out, just as FDR did:“The liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it becomes stronger than the democratic state itself. That in its essence is fascism: ownership of government by an individual, by a group, or any controlling private power.”
Welcome to America, 2015.
40
Kudos to you, Pam. You cut through the pettifog and nailed it!
1
Legal Corruption is the way of life for the US political process. What does one think the billions spent lobbying is all about. Almost nobody does envelopes* filled with cash anymore and corrupters are far more savvy - like any smart consumer they find ways to defer payment until the purchased goods are delivered. Think tank appointments, corporate directorships and other sinecures, 'charitable' donations to 'conflicted' charities, 'consultancies', etc. ..., the post delivery payoff to US politicians for favours delivered is a many splendored thing that keeps on giving.
The driver is off course the soaring cost of the election process - which is where the politicians get their down payment, deposit or up front money for favours to be delivered.
Attempts to break this beautifully crafted machine requires leveling the campaign playing field by severely restricting the cost of winning a nomination and fighting an election. For example possibly instead of making campaign advertising after the writ is dropped a profit centre for communication moguls - you could make it a spectrum licence obligation. How to deal with the current role of the US Supreme Court as a cornerstone of encroaching plutocracy and ever growing economic inequality is a challenge - but the US has brought these bums under control in the past and there is no good reason they can't do so again.
*envelopes and cash - a Canadian Conservative PM and a US legislator who kept donations in the freezer come to mind .
The driver is off course the soaring cost of the election process - which is where the politicians get their down payment, deposit or up front money for favours to be delivered.
Attempts to break this beautifully crafted machine requires leveling the campaign playing field by severely restricting the cost of winning a nomination and fighting an election. For example possibly instead of making campaign advertising after the writ is dropped a profit centre for communication moguls - you could make it a spectrum licence obligation. How to deal with the current role of the US Supreme Court as a cornerstone of encroaching plutocracy and ever growing economic inequality is a challenge - but the US has brought these bums under control in the past and there is no good reason they can't do so again.
*envelopes and cash - a Canadian Conservative PM and a US legislator who kept donations in the freezer come to mind .
3
Mesothelioma is a rare, well known disease that has been described in the
medical literature by Drs. Irving J. Selikoff, Jacob Churg, and E. Cuyler Hammond
in 1964. Johns Manville, a large abestos producer, went bankrupt fighting legal
suits. Medical treatments simply fail, and the patients die. And now we have the
lawyers entering the picture with suits for survivors, who will soon die. Sheldon
Silver used the system to profit, but the media did not pay attention to the
numerous mesothelioma advertisements law firms used. Nocera should
have researched the history, legal and medical, when he printed this
article.
medical literature by Drs. Irving J. Selikoff, Jacob Churg, and E. Cuyler Hammond
in 1964. Johns Manville, a large abestos producer, went bankrupt fighting legal
suits. Medical treatments simply fail, and the patients die. And now we have the
lawyers entering the picture with suits for survivors, who will soon die. Sheldon
Silver used the system to profit, but the media did not pay attention to the
numerous mesothelioma advertisements law firms used. Nocera should
have researched the history, legal and medical, when he printed this
article.
I fail to see why this medical research "quid pro quo" is immoral, though I agree that in an ideal world, where public research funds are allocated rationally, it would be undesirable and unnecessary. We cannot deprive sufferers from rare diseases the possibility of improved treatments, and I admire doctors who are forced to seek research funding using unorthodox (though legal) channels.
The key point is that the funds are used for medical research, not self-enrichment, and therefore cannot be the basis for "corruption". While I detest Silver's behavior, I cannot see it's substantially any different from any other, less successful, politician.
The key point is that the funds are used for medical research, not self-enrichment, and therefore cannot be the basis for "corruption". While I detest Silver's behavior, I cannot see it's substantially any different from any other, less successful, politician.
I can't help but think that such corruption, legal though it often is, can go on for as long as it does only because too many of us are also guilty to some extent. As such, we hesitate to blow the whistle early on. In other words, corruption finds fertile soil with each of us, every day, in every thing we do. Or, it doesn't. The choice is ours. While the pervasiveness of corruption can be overwhelming to the extent that we throw up our hands and decide to join in, we have to resist, and be the small engine of change. Otherwise, there is no hope - for any of us.
6
We may call it democracy. It is really just cronyism. I help you, you help me. I help your friends and you help mine.
Most of don't have friends in office and so we are left out. We are the stupid ones, the ones who don't get it, and the ones who should just shut up as those elected and in power know best. Go along and get along.
Tell me again why I should vote. Tell me again why I should pay attention to debates. Democrat, Republican, they are just the same, milking the poor and the rest of us. Disgusting.
Most of don't have friends in office and so we are left out. We are the stupid ones, the ones who don't get it, and the ones who should just shut up as those elected and in power know best. Go along and get along.
Tell me again why I should vote. Tell me again why I should pay attention to debates. Democrat, Republican, they are just the same, milking the poor and the rest of us. Disgusting.
24
I doesn't have to be this way. My concern is if the Senate doesn't understand the legality of the N.S.A. how can U.S. citizens understand what is right and wrong in our rule of law nation?
2
Art, the reason you should vote every time there is an opportunity to do so and why you should be involved and know the issues is because when you "lay like a rug, others will step all over you." Complain as you might now, just remember that in the last election only 36% of those eligible to vote did so. Many of those elected can't even claim a simple majority! And in many states, as a consequence, Republicans have decided (and the SCOTUS agrees) that eliminating vast numbers of voters by making them jump through hoops to get IDs or to travel to other states because they are in college is the way to more power.
No politician in a democracy can afford to cross the voters who show up. No amount of Koch money can undermine a democracy IF the voters turn out in large enough numbers to vote in or out those people who do THEIR bidding and then do it for every election. When you don't vote you give what power you have to those who will! There will always be men like Silver. The idea is to not leave them in office for a generation. Everyone knew what this guy was doing. They just kept voting him back in because it was to their advantage or they just didn't vote.
No politician in a democracy can afford to cross the voters who show up. No amount of Koch money can undermine a democracy IF the voters turn out in large enough numbers to vote in or out those people who do THEIR bidding and then do it for every election. When you don't vote you give what power you have to those who will! There will always be men like Silver. The idea is to not leave them in office for a generation. Everyone knew what this guy was doing. They just kept voting him back in because it was to their advantage or they just didn't vote.
2
Amen.
Recommend reading: a NY appellate court's recent ruling in a Weitz & Luxenberg case, as the result of which taxpayers pay the judgment without a chance even to question it: http://urlm.in/tfpi
Recommend reading: a NY appellate court's recent ruling in a Weitz & Luxenberg case, as the result of which taxpayers pay the judgment without a chance even to question it: http://urlm.in/tfpi
6
Joe Nocera has put his finger on the real scandal of New York. The hidden deals and arrangements of our political establishment are destroying our state. Until we have a governor who is willing to put the welfare of our state ahead of his or her personal, political ambitions, New York will continue to fall behind.
41
Excellent point.
Corruption, perfectly legal in New York.
7
Let the gloves of the press come off on systemic public corruption. The favoritism and conflicts of interest in the asbestos courts are the tip of the ice berg. For example, the 27% judicial salary increase was the the product of the bypassed proper legislative executive and instead the three man room. Check out Taxpayer lawsuit by Elena Sassower still pending against its unlawful enactment namely, theft of public purse under color of law.
2
This is a liberal nightmare. We expend effort electing so-called democrats in the vain hope that some good will come of it. The reality, of course, is that the business of government is far more lucrative for politicians than serving some greater societal good. In this sense the GOP has a good philosophical point... government is too big and too manipulative to be trusted, but then the GOP is even better at the looting and pillaging.
Government is just another sector of our economy, but with the power to tax and wage war. That makes it particularly dangerous in the wrong hands. At the moment, all the available hands appear to be dirty.
Government is just another sector of our economy, but with the power to tax and wage war. That makes it particularly dangerous in the wrong hands. At the moment, all the available hands appear to be dirty.
44
I thought capitalism was supposed to be an economic system used as a tool to support our democracy. The reality is inverse. Democracy is just a tool of capitalism, as Mr. Nocera has illustrated. We are not a country of ideas, we are just an economic system incarnate, where greed replaces thought as the driving force.
21
Very true. There are very few completely altruistic actions in government.
One of the reasons I am always cautious about government intervention in health care is because of this very behavior. It's just a matter of time before politicians are legislating which treatments and drugs are allowable based on kickbacks from their conies or pressure from donor interest groups.
One of the reasons I am always cautious about government intervention in health care is because of this very behavior. It's just a matter of time before politicians are legislating which treatments and drugs are allowable based on kickbacks from their conies or pressure from donor interest groups.
2
Liberal? Nonsense. First, the Democratic Party is "liberal" only in the sense that it's not Ted Cruz nuts. Secodn, corruption is buy-partisan. The corporate owned "conservatives" on the SCOTUS made it official with Citizens United: ownership of our political system by the wealthy and corporations is legal. The Kochs, those noted "liberals" have announced their budget for buying the upcoming 2016 elections and the GOP wannabes are lined up to kneel at their throne.
3
mesothelioma is a cancer that is only caused by one thing--exposure to asbestos. it is a painful cancer and it is always 100% fatal. it can take as long as 20 or more years to develop. the real unconscionable problem is that the american processors and manufacturers' of products made from asbestos lied to the american people about the harmful effects of breathing processed asbestos. they had known the risks since 1912. it was only in the 1970's that we finally outlawed the use of asbestos as fire retardant in buildings.
you have persistantly attacked the awards to workers who have been injured by their working without proper protective equipment. please read about the workers at the brooklyn navy yard and the work of dr. irving selikoff of mt. sinai that finally opened people's eyes to the dangers of asbestos. read how the asbestos industry vilified him. after you read the history, mr nocera, then write your columns about asbestos. you have only one side of the story so far.
you have persistantly attacked the awards to workers who have been injured by their working without proper protective equipment. please read about the workers at the brooklyn navy yard and the work of dr. irving selikoff of mt. sinai that finally opened people's eyes to the dangers of asbestos. read how the asbestos industry vilified him. after you read the history, mr nocera, then write your columns about asbestos. you have only one side of the story so far.
7
Error after error.
1. The linkage between "asbestos", a heterogeneous group of minerals of varying carcinogenicity, and mesothelioma was made in South Africa by Dr. Chris Wagner in 1960.
2. The idea that so much was "hidden" is itself successfly promulgated mythology put forth by well paid experts for these very law firms. Perfectly legal. Doesn't withstand actual scrutiny of the facts.
3. Dr. Selikoff, who I knew and worked with, properly accepted grants from these industries, including the Johns Manville Asbestos Corporation, as well as unions with affected members. He more than anyone would be disgusted by the behavior of Siver, Taub, and the lawyers.
Perpetuation of asbestos mythology is largely the fault of laziness on the part of the press and poorly educated physicians and judiciary. Ultimately ignorance leads to corruption when huge amounts of money are at stake. Contingency fee based "awards", lax standards of proof of causation, and the greed of a small number of law firms and their "experts" has distorted medical and scientific fact and history.
1. The linkage between "asbestos", a heterogeneous group of minerals of varying carcinogenicity, and mesothelioma was made in South Africa by Dr. Chris Wagner in 1960.
2. The idea that so much was "hidden" is itself successfly promulgated mythology put forth by well paid experts for these very law firms. Perfectly legal. Doesn't withstand actual scrutiny of the facts.
3. Dr. Selikoff, who I knew and worked with, properly accepted grants from these industries, including the Johns Manville Asbestos Corporation, as well as unions with affected members. He more than anyone would be disgusted by the behavior of Siver, Taub, and the lawyers.
Perpetuation of asbestos mythology is largely the fault of laziness on the part of the press and poorly educated physicians and judiciary. Ultimately ignorance leads to corruption when huge amounts of money are at stake. Contingency fee based "awards", lax standards of proof of causation, and the greed of a small number of law firms and their "experts" has distorted medical and scientific fact and history.
9
Yes, BW, I agree. What should be severely limited is the amount attorneys can take in class action suits. Talk about a billion dollar gravy train. If we limited the amount awarded to attorneys on both sides for "costs" and gave them 1% of the award the money would actually go to the people who suffered real harm. Much of the business complex would dry up and attorneys could get back to actually helping people who need it.
1
Yes Mr. Nocera, but what about the people with mesothelioma? You say Justice Heitler did something wrong by allowing punitive damages. But I wonder if it was a judicially sound decision that you don't like based upon your own personal biases. And what is wrong with judges getting a raise? That seems disturbing to you. Why? What is behind your dislike of state court judges getting a raise? Only corporate types should get a raise, is that it? How much money do banks, and many other very large industries spend on lobbyists in Washington every day of the week? How much money does the insurance industry spend on lobbyists in Washington and in state legislatures every day of the week? Why don't you write an article about that?
5
It is a scandal when there exists an obvious conflict of interest and a legislator isn't legally required to recuse. There ought to be an empowered legislative committee with the charter to police this very important matter. Silver was quoted as stating that medical malpractice tort reform would occur "over my dead body." Whew! Conflict of interest?
So the other scandal is the malpractice insurance premium New York's health care providers are forced to pay each year to remain in practice - detrimentally to the state's providers and citizens too. An OB-GYN doctor paying $250,000/year for insurance will evolve soon enough into a GYN doctor. This system recklessly destroys a profession while limiting access to health care.
How is this system allowed to persist? Start with Sheldon Silver.
So the other scandal is the malpractice insurance premium New York's health care providers are forced to pay each year to remain in practice - detrimentally to the state's providers and citizens too. An OB-GYN doctor paying $250,000/year for insurance will evolve soon enough into a GYN doctor. This system recklessly destroys a profession while limiting access to health care.
How is this system allowed to persist? Start with Sheldon Silver.
20
Unfortunately limiting tort rewards in malpractice cases doesn't reduce insurance premiums. Texas tried it--limited such awards to $250,000--yet premiums didn't fall. Someone needs to examine the insurers.
23
JPE
But it reduces the cost of defensive medicine so everyone saves, especially patients whom no longer gets things done and measured that were necessary in the first place
But it reduces the cost of defensive medicine so everyone saves, especially patients whom no longer gets things done and measured that were necessary in the first place
The clear solution to this is national health care--"socialized medicine," if you will. Absurd lawsuits don't happen in countries with socialized medicine, and the citizens live longer where ambulance-chasing is not a profession.
2
It is kind of Joe Nocera to give credit to Michael Kinsley in his column, but I don't think credit is due either for the direct quote or the thought behind it. "The real scandal is the way ordinary business is done, and, because it is ordinary, it does not get headlines nor bring outage to the public at large." Behind the facade of civilized, institutionalized behavior lie buried truths and it is that relationships, mutual string pulling and unwritten quid pro quos grease the wheels of commerce, charity and government. Business is done for the common benefit of those who control access to business getting done.
While we outlawed most forms of bribery in this country long ago, it went underground. Admission to the most elite, brand name colleges in America was once completely available to the wealthy, so long as their offspring were at least modestly prepared. Now, this is less true, but money still opens doors and makes admission officers think twice or three times about a "name" under consideration. So, we have a more genteel form of limited bribery, but it goes on, preserving economic and social advantage.
Members of Congress who are not likely to progress politically are paid off, after leaving office, with million dollar a year salaries by the industries to which they gave favored status while in office. They pal around with the wealthy while in office, knowing that the payday is ahead.
There are a multitude of other ways bribery permeates our society.
Doug Terry
While we outlawed most forms of bribery in this country long ago, it went underground. Admission to the most elite, brand name colleges in America was once completely available to the wealthy, so long as their offspring were at least modestly prepared. Now, this is less true, but money still opens doors and makes admission officers think twice or three times about a "name" under consideration. So, we have a more genteel form of limited bribery, but it goes on, preserving economic and social advantage.
Members of Congress who are not likely to progress politically are paid off, after leaving office, with million dollar a year salaries by the industries to which they gave favored status while in office. They pal around with the wealthy while in office, knowing that the payday is ahead.
There are a multitude of other ways bribery permeates our society.
Doug Terry
73
I think part of what helps perpetuate what you are describing is how people who succeed through such means nevertheless tell the story, to themselves and to the public, that it's all a meritocracy, that they rose on their merits and everyone else can too. That, to me, is part of the "underground," that is, the faux, self-serving stories that are told. No wonder the middle and poorer classes become discouraged -- told the system is one thing and that turns out not to be the case.
6
I agree with your comment, but I also believe in merit and that, to a degree, some success can be contributed to it. Most people in American society who "make it" are not able to see the advantages with which they started over others. Self congratulations is part of the result. I am also struck by how much one single factor at the right time can make the difference between huge success and sloppy failure, but, again, if one assumes that success it a given, it is easy to overlook what happened propel the final result.
Inwonder how many liberal democrats realize the havoc created by the plaintiff's bar. They like to pretend they are out for the little guy but really for themselves. So you honestly believe the Asbestos litigation is on the up and up? If you do tou are either a plaintiffs lawyer or a dedicated anti business progressive. Rewarding those injured is different than running a giant scam. Sheldon Silver is what you get with a scam.
How about the NYT investigating the nexus of democratic legislators and the plaintiff's bar. This isn't about stopping the needy from getting awards but rather the greedy getting rich. These guys make hedge fund millionaires look like saints.
How about the NYT investigating the nexus of democratic legislators and the plaintiff's bar. This isn't about stopping the needy from getting awards but rather the greedy getting rich. These guys make hedge fund millionaires look like saints.
13
In response to "Bill", you seem to assume that someone who thinks of themselves as progressive is anti-business. Not so.
There is a good reason that the plaintiff's bar has not be dialed back. It is this: leaving aside their huge political influence, they have done a lot of good for American citizens, even while lining their own pockets with gold. I have been in countries where litigation is not much feared. In such places, tripping over a poorly constructed entrance way to a store and getting hurt is no big deal, because there is little recourse. Likewise, I have seen irresponsible, deadly practices in foreign tourist areas because any award to a plaintiff would be minimal and life, compared to profits, doesn't much matter.
Where is the middle ground between doing what big business wants, neutering plaintiffs, and genuinely protecting people from harm? I don't know.
Doug Terry
There is a good reason that the plaintiff's bar has not be dialed back. It is this: leaving aside their huge political influence, they have done a lot of good for American citizens, even while lining their own pockets with gold. I have been in countries where litigation is not much feared. In such places, tripping over a poorly constructed entrance way to a store and getting hurt is no big deal, because there is little recourse. Likewise, I have seen irresponsible, deadly practices in foreign tourist areas because any award to a plaintiff would be minimal and life, compared to profits, doesn't much matter.
Where is the middle ground between doing what big business wants, neutering plaintiffs, and genuinely protecting people from harm? I don't know.
Doug Terry
17
Bill, you might be surprised to learn that the plaintiff's bar is not peopled entirely with liberal democrats or progressives. And the excesses of Weitz, et. al. aside, the right of citizens to seek redress via the legal system when they have suffered a wrong is one of the only levelers left for average people now that corporations wield so much power. Don't assume that because some lawyers and plaintiffs abuse the system that everyone involved is greedy, corrupt or a scammer.
17
A rational national health care system integrates the functions of OSHA to investigate and statistically analyze sources of injury, and intervene where problems occur.
3
This granting of reciprocal favors and the making of advantageous referrals and appointments are rife in the private sector.
While I agree that New York State statutes permitting legislators to accept outside employment facilitate corruption, the types of behavior described here constitute business as usual in private industry.
While I agree that New York State statutes permitting legislators to accept outside employment facilitate corruption, the types of behavior described here constitute business as usual in private industry.
24
Silver ran a patronage network. I'm surprised he put so much aside for himself. Many of these types are found to be penniless, having given away all they got.
1
It's not just New York. The United States is riddled with laws and/or court rulings that render corrupt practices perfectly legal, whether they are to do with taxation, campaign finance or voting rights. By some strange dispensation of providence, they all seem to favor the wealthy and powerful.
91
Citizen's United anyone?
6
So it goes in a nation legislated to be "under God" where Congress shall make no laws respecting religion.
2
It was pointed out in law school that "Nothing in the Code of Ethics may be applied or interpreted to keep lawyers from making money."
1
The "perfectly legal" rationalization also flies in the face of the rule in the canon of ethics for lawyers about lawyers needing to avoid even the appearance of impropriety -- or has that rule been abandoned?
56
If no one sees it, does it have the appearance of impropriety?
I'd say that rule has been abandoned in these big money cases, and it comes down to whether you will be not only caught but prosecuted. The low risk of prosecution may have been what allowed this to go on for so long.
I'd say that rule has been abandoned in these big money cases, and it comes down to whether you will be not only caught but prosecuted. The low risk of prosecution may have been what allowed this to go on for so long.
3
No, dear, it hasn't. It's merely made lawyers very good at avoiding "appearances."
1
But can you define impropriety?
Or like pornography, is it something you know when you see it?
And if we cannot decide on exactly what impropriety is, how can a lawyer avoid it?
Have you ever tried to argue with a lawyer?
Or like pornography, is it something you know when you see it?
And if we cannot decide on exactly what impropriety is, how can a lawyer avoid it?
Have you ever tried to argue with a lawyer?
2
"ALBANY — Sheldon Silver, the speaker of the State Assembly, on Friday defended his decision to appoint a senior partner in the law firm where he works part time to a state committee that recommends judicial nominees to the governor."