Cuomo's move

Gov. Andrew M. Cuomo could call a news conference and make his presentation directly to the public. Credit: AP/Mary Altaffer
Daily Point
Governor's Capitol game
Glen Cove’s Charles Lavine, chairman of the State Assembly Judiciary Committee tasked with taking the lead on the impeachment of Gov. Andrew M. Cuomo, said Thursday that a request has been sent to the governor’s attorney asking his legal team to submit evidence and any other "written" submissions for the committee to consider. The letter was very specific saying the executive chamber had until 5 p.m. on Aug. 13 to do so.
Keep your eye on the word "written."
The current expectation is that the committee will vote by the end of this month on whether to send articles of impeachment to the entire Assembly, but experience has shown nothing is certain in the twists and turns around Cuomo’s political future.
The letter from the law firm of Davis Polk & Wardwell does not extend an invitation for Cuomo to appear in person. It’s unclear whether Cuomo would seek to present his defense directly to the committee and how that would change the Assembly’s timeline to move the process along as quickly as possible. Some legislators worry that such a request by Cuomo could slow down their process, but that it would look unfair if they refused to hear his rebuttal. Currently, the committee is using the findings of the independent investigation, as well as the work of its own legal team, to draft the impeachment articles.
Instead of making a request to appear before the Judiciary Committee, Cuomo could call a news conference and make his presentation directly to the public. Any credible alternative narrative could force the committee to make a detour from its planned schedule, delaying the impeachment, legislative sources said.
Expect a lot more chess moves before Lavine’s Aug. 13 deadline.
— Rita Ciolli @ritaciolli
Talking Point
Curran and the hot PBA potato
Two years ago, the Nassau County Legislature approved — unanimously — a measure that precludes discrimination against first responders as part of the county’s human rights law, in the areas of housing, employment and public accommodations.
On Monday, after hours of bitterly contested testimony, the same body voted 12-6 to approve an addition to that law, adding sharp teeth for that "protected class." For harassing or assaulting or menacing police or other first responders, there could be extra criminal penalties. The county attorney would be authorized to act in this area, too.
At a moment when County Executive Laura Curran seeks reelection, this becomes a test of her skill in handling a hot potato, at least in the short term. If she blocks it, the legislature could override that veto if what looks like the bill’s two-thirds support prevails.
For the first-term executive, this presents a political choice on a politically driven bill.
If Curran signs the bill, civil rights organizations will not take it well, having already argued that the measure is designed to chill, punish and suppress demonstrations. At the same time, signing it into law would symbolically gratify its most influential backer, the Nassau PBA.
Curran continues to argue that she has worked to provide key capital resources and other support to the full range of first responders during her term. On Thursday, for example, she announced that Nassau police "will be ramping up efforts to discourage reckless driving by cracking down on speeding, texting & driving under the influence of drugs & alcohol."
Rep. Kathleen Rice, the former Nassau district attorney, may be helping cut a path for Curran on the issue. On Wednesday, Rice called it wrong to codify into human rights law a chosen profession as "an immutable human trait" like race, nationality, gender, sexual orientation or disability.
"And I have serious questions about its legality," said Rice (D-Garden City).
This week, Curran issued a letter to state Attorney General Tish James saying the protection of police officers from harm is a "vital priority" but that the county "must not take any action to impede or chill the constitutional rights of citizens to assemble and protest peaceably." Specifically, she asks the AG’s office to review the bill and comment on whether it "strikes the right balance." Rice also has called for that review.
Stay tuned as the hot potato gets refrigerated for a little while.
— Dan Janison @Danjanison
Pencil Point
One-shot answer

Credit: San Diego Union-Tribune/Steve Breen
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Final Point
Rolling along
Even as Gov. Andrew M. Cuomo faces both increasing calls for his resignation and an ongoing impeachment investigation, one of the projects he spearheaded is moving full steam ahead.
The Federal Aviation Administration’s approval of the $2 billion LaGuardia AirTrain project late last month marked the final step in a lengthy review process and will allow the Port Authority of New York and New Jersey to break ground "in the near future," Port Authority executive director Rick Cotton told The Point in an interview Wednesday.
"We’re going to move the project along as rapidly at this point as possible," said Cotton, who was a key Cuomo adviser before joining the Port Authority in 2017.
The AirTrain, which will connect riders from the Citi Field subway and Long Island Rail Road stops to LaGuardia Airport, has been a key piece of the broader remaking of the airport, which is ongoing. Among the next milestones: The Delta terminal’s new arrivals and departures hall is expected to open in the spring.
"Now, we’re finally able to add to the really extraordinary transformation of the airport from, I don’t think it’s an exaggeration to say, from worst to best," Cotton said. "Being able to provide a rail mass transit link is just a very exciting moment."
Cuomo first announced plans for the LaGuardia AirTrain in 2015 and has since played an enormous role in supporting the AirTrain’s initial development.
But now, with approvals in and financing allocated through the Port Authority’s capital plan, the project will fall solely under the Port Authority’s auspices.
"As an administrative agency, the Port Authority now is in a position to carry it out," Cotton said. "We’re full speed ahead at the agency level."
Meanwhile, the Port is also turning its attention back to Kennedy Airport. Thursday, the Port Authority’s board approved a new agreement for a $3.9 billion public-private partnership that will build a new Terminal 6. The deal, along with other plans at Kennedy, "froze on the runway" when the pandemic shut everything down in March 2020, Cotton said.
"Putting back together this Terminal 6 deal was herculean," Cotton said.
Of course, Cuomo’s fingerprints are all over the Kennedy plans, too, as the governor unveiled the initial "vision plan" for the airport in 2017 and even issued this week’s announcement regarding the newest steps for Terminal 6.
But while it seems like the airport projects will continue no matter what happens with Cuomo, perhaps the question is whether a different governor will make the next announcements about their progress. And it seems unlikely, as of now, that Cuomo will still be the state’s governor when it’s time to cut the ribbons when either the LaGuardia AirTrain or Kennedy’s Terminal 6 are opened; both are expected in 2025.
— Randi F. Marshall @RandiMarshall