KEEPING A LID ON THINGS: Another question not being tackled by the media is how the DOJ's Moreland investigation is progressing and whether it could affect a primary only days away. But Larry Schwartz has been brought even closer to the governor's bosom, standing in for him during a photo-op with firemen after flooding on Long Island while Cuomo and the other "Three Men In a Room" were off visiting Israel.
Joe Percoco, the other "person of interest" is clearly on the payroll of Cuomo's campaign now, as shown by recent disclosures, and the media is apparently keeping this primary campaign story off of TV, under the radar and out of the headlines.
Cuomo has hired sophisticated internet voter-targeting firm Audience Partners to figure out who he can appeal to online, at a price tag of $35,000. He's also hired Blue Labs for at least $40,000 for "predictive modeling" services, advanced focus-testing using "experimentally informed programs" and "randomized controlled experiments that allow our clients to assess the effectiveness of a particular program or message and adjust it in real time" - nice to know campaign messages can be so dynamic, they now change depending on whether it's working or not!
SCHNEIDERMAN WHERE ARE YOU? The original Moreland probe into Buying Time has been suspended, with any findings turned over to Preet Bharara and no timetable announced. Neither NY State Comptroller Thomas DiNapoli nor NY Attorney General Eric Schneiderman have responded to calls for an independent investigations on behalf of the people of NY. Schneiderman's Republican opponent has even considered the silence and inaction an indication of complicity.
On the surface, the case against Cuomo's office appears cut and dry. In fact, NY's campaign funding dysfunction through shady party "housekeeping" accounts is so widespread and openly flouted, almost anyone could have been investigated. But any attempt to limit the scope of the commission's work, once begun, constitute at least four multiple violations of law, as laid out by legal scholar Tim Wu.
There is no doubt the conduct described in the NY Times was illegal, but potential consequences seem to be scheduled for after election day.
Zephyr Teachout, also an expert on corruption law, noted in a call to the Majority Report with Sam Seder that Moreland is still technically in effect, if Schneiderman had a mind to investigate Cuomo. Empowering the Attorney General with Moreland authority required action on the part of the legislature, namely passage of Executive Order 106, but no such action has yet officially decommissioned the probe, or the AG's mandate. It seems the governor bellowing "it's my commission!" is all that's needed in the halls of Cuomo's Albany.
Ironically however, The Moreland Commission is still "active" online as far as any curious web surfer is concerned - still posted right now on the Governor's own official website, promising to fight corruption, it touts the commission, promising Eric Schneiderman and his deputies will investigate even "the appearance" of corruption and "issue any necessary reports by January 1, 2015". Will Mr. Cuomo be correcting this before the primary or continue to misinform potential voters?
MEDIA SHOWER: As the primary nears, expect much more advertising, but also endorsements and editorializing in the media. Knowing about the spending imbalance, it will be interesting to monitor "hard news" reporting, seeing who gets promoted or squelched in which media venues. But it will be maddening not knowing how spending of advertising dollars affect editorial control.
This ABC News report is a great example of the influence of money on this race - you can see "Cuomo's opponent" is noticeably not mentioned by name. ABC does however mention they are aware Cuomo has $35 million, saying in essence, SPEND THE MONEY HERE, we're already in your corner, see how we can edit the news for you?
This was precisely the impetus for Zephyr Teachout's early involvement in The Sunlight Foundation, which uses crowdsourcing tools to offer public datasets which shine light on payola schemes in campaign spending. We can also see pretty nakedly which channels run Cuomo ads while whitewashing Teachout, but not online, as sophisticated ad-targeting selects only certain viewers for internet ads.
Just like shoemaker's children never get new shoes, NYC is often forgotten in local reporting, compared to upstate cities like Rochester or Syracuse that have vibrant local news programs covering elections. As a national and international hub for news and media, state election reporting here in the city is a wasteland, with underfunded candidates mentioned begrudgingly in nuanced attacks replete with microaggressions.
BOTCH-UPS OR SABOTAGE? One NY Daily News piece for example cited polling on Teachout's name recognition long after the release of newer polls showing a more than double increase.
Another CBS News report by Marla Diamond mentioned protestors showing up at Teachout events long after they had subsided and were exposed as fake - the Cuomo campaign admitted sending over interns to pose as concerned citizen protesters. Other critics predict media attacks on Teachout are imminent, being kept under wraps until the last second when it's impossible to respond.
Will the public learn that New York has a uniquely qualified, articulate contender in a hotly contested gubernatorial primary? Not while Cuomo has tens of millions to spend. Middle class voters appear to be powerless against a corporate media that has hijacked the airwaves and commons - against the public interest - to portray imminent elections any way they see fit.
Coming Next: How the FCC Has Been Weaponized Against the Public Interest.
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