[MUSIC] ON THIS WEEK'S EDITION OF NEW YORK NOW, NEW COVID-19 MILESTONES IN NEW YORK AND GOVERNOR CUOMO'S SHIFTING STRATEGY ON CLAIMS OF SEXUAL HARASSMENT.

JON CAMPBELL FROM THE USA TODAY NETWORK AND OUR OWN DARRELL CAMP ARE HERE TO DISCUSS.

THEN CUOMO HAS TO FILL THREE SEATS ON NEW YORK'S HIGHEST STATE COURT THIS YEAR.

WE'LL LOOK AT THE CURRENT COURT'S IDEOLOGY AND HOW THAT COULD CHANGE WITH VIN BONVENTRE FROM ALBANY LAW SCHOOL.

AND LATER, CUOMO COULD BE IMPEACHED THIS YEAR.

AND THE LAST TIME THAT HAPPENED IN NEW YORK WAS MORE THAN A CENTURY AGO.

WE TAKE A LOOK BACK AND COMPARE THEN TO TODAY.

I'M DAN CLARK AND THIS IS NEW YORK NOW.

[MUSIC] TODAY THE SENATE MAJORITY.... AND WE WILL PASS A LAW PROHIBITING AND WE WILL TAKE THEM TO COURT... [MUSIC] WELCOME TO THIS WEEK'S EDITION OF NEW YORK NOW.

I'M DAN CLARK.

NEW YORK HIT TWO MAJOR MILESTONES THIS WEEK FOR COVID-19.

FOR ONE, MORE THAN HALF OF ADULTS IN NEW YORK HAVE NOW BEEN FULLY VACCINATED.

THAT'S ALMOST 8 MILLION PEOPLE.

AND ALMOST TWO-THIRDS OF ADULTS IN NEW YORK HAVE GOTTEN AT LEAST ONE SHOT.

BUT FOR TWO, HOSPITALIZATIONS FROM THE VIRUS FINALLY DIPPED BELOW 2,000 FOR THE FIRST TIME SINCE NOVEMBER.

AND THE STATE EXPECTS THAT NUMBER TO KEEP GOING DOWN AS MORE NEW YORKERS GET VACCINATED.

HERE'S GOVERNOR CUOMO THIS WEEK.

THE INARGUABLE FACT ACROSS THE WORLD IS THAT AS VACCINATIONS GO UP, POSITIVITY GOES DOWN.

THAT IS A FACT.

>> SO THE COVID SIDE OF THINGS IS GOING WELL.

BUT WHAT'S NOT GOING WELL IS CUOMO'S NEW STRATEGY AGAINST THE SEVERAL CLAIMS OF SEXUAL HARASSMENT MADE AGAINST HIM IN RECENT MONTHS.

HERE'S WHAT HE SAID THIS WEEK WHEN ASKED IF HE MAY HAVE BROKEN THE STATE'S LAWS ON SEXUAL HARASSMENT.

>> HARASSMENT IS NOT MAKING SOMEONE FEEL UNCOMFORTABLE.

THAT IS NOT HARASSMENT.

IF I JUST MADE YOU FEEL UNCOMFORTABLE, THAT IS NOT HARASSMENT.

THAT'S YOU FEELING UNCOMFORTABLE.

AND THAT COMMENT WAS ALMOST INSTANTLY SKEWERED BY ATTORNEYS AND ADVOCATES FOR STRONGER SEXUAL HARASSMENT LAWS.

LET'S GET INTO IT WITH JON CAMPBELL FROM THE USA TODAY NETWORK AND DARRELL CAMP, OUR OWN REPORTER.

THANK YOU BOTH FOR BEING HERE >> THANKS FOR HAVING ME.

>> DERRELL, I WANT TO START WITH YOU, THE CUOMO COMMENTS WE JUST HEARD I WOULD DESCRIBE AS CRINGE-WORTHY, WHAT ARE WE HEARING IN TERMS OF REACTION TO IT?

>> THE REACTION IS THE SAME AS MY PERSONAL REACTION -- JARRING.

SO ON JUNE 3RD OF 2019, WHICH WAS THE END OF THE LEGISLATIVE SESSION, OR CLOSE TO IT, THE GOVERNOR SAID SEVERE AND PERVASIVE IS TOO HIGH OF A STANDARD FOR SEXUAL HARASSMENT IN THE WORKPLACE AND AS IT APPLIES TO STATE GOVERNMENT.

SO HE HAD THIS WHOLE PRESS CONFERENCE SAYING, HEY, WE HAVE THESE MAJOR FOUR POINTS WE NEED TO GET DONE SO WOMEN FEEL COMFORTABLE IN GOVERNMENT AND THE WORKPLACE GENERALLY.

WHAT DOES HE SAY NOW?

IT SEEMS LIKE HE'S BACKPEDALLING AND HE'S ALMOST FORTIFYING THE, QUOTE, PATRIARCHY'S OPINION THAT SEVERE OR PERVASIVE IS WHAT WE NEED, WHICH IS HONESTLY SHOCKING.

AND IN ADDITION TO THAT, ANOTHER THING I FOUND JARRING WHEN I TURNED THAT PRESS CONFERENCE ON WAS SENATOR JAMAAL BAILEY BEING THERE, BEING SOMEONE WHO CALLED FOR THE GOVERNOR TO STEP DOWN.

AND IT SEEMS LIKE THERE'S A TREND OF NORMALIZATION OF LEGISLATORS WHO HAVE CALLED FOR HIM TO STEP DOWN LATER BEING SEEN WITH HIM BECAUSE YOU HAVE SENATOR ANDREA STEWART-COUSINS, THE MAJORITY LEADER, YOU HAVE JUDY GRIFFIN, TODD KAMINSKY -- THERE'S BEEN A PATTERN OF THAT, AND I DON'T KNOW WHAT TO READ INTO THAT, ACTUALLY.

>> I'M ALSO SURPRISED BY JAMAAL BEING THERE AND BY LAWMAKERS BEING THERE IN GENERAL BECAUSE IT WAS SUCH A DIFFERENT TIME TWO MONTHS AGO IT FEELS LIKE BETWEEN THE LEGISLATURE AND THE GOVERNOR.

AND IT SEEMS WE'RE COMING TO A PERIOD OF WARMING BETWEEN THEM, I DON'T KNOW IF THAT'S TRUE, JON.

WHAT DO YOU THINK?

>> WE'RE IN THIS WEIRD PERIOD OF LIMBO WHERE WE DON'T KNOW WHEN THESE VARIOUS INVESTIGATIONS INTO THE GOVERNOR ARE GOING TO CONCLUDE.

AND NOW YOU HAVE THIS PERIOD OF TIME WHERE YOU HAVE A GOVERNOR WHO IS EMBATTLED, BY ANY DEFINITION OF THE WORD, AND HE STILL IS GOING OUT THERE, HAVING HIS PRESS CONFERENCES.

IN THE LAST FEW DAYS HE'S HAD COVID-19 BRIEFINGS THAT WERE VERY SIMILAR TO THE BRIEFINGS THAT MADE HIM A NATIONAL STAR AT THE BEGINNING OF THE PANDEMIC.

AND THERE IS A BIT OF A NORMALIZATION.

BUT THAT COMMENT THAT HE MADE ABOUT SEXUAL HARASSMENT WHERE HE WAS QUESTIONED ABOUT THE DISCONNECT BETWEEN HIS APOLOGY TO HIS ACCUSERS AND ALSO HIM INSISTING THAT HE DID NOTHING WRONG, YOU KNOW, IT READS, HIS QUOTE READS AS IF HE'S SAYING HE CAN MAKE PEOPLE UNCOMFORTABLE WITH IMPUNITY.

AND THAT'S SOMETHING THAT MADE A LOT OF HIS ACCUSERS ANGRY, A LOT OF SEXUAL HARASSMENT GROUPS ANGRY, A LOT OF ATTORNEYS, TO SAY THAT IT'S JUST WRONG ON THE FACE OF THE LAW.

>> WE'VE GONE FROM THIS WEIRD PHASE OF CUOMO WHEN HE WAS FIRST ACCUSED WHERE HE ISSUED THIS VERY EMOTIONAL APOLOGY, HIS VOICE WAS CRACKING IN THE RED ROOM, TELLING EVERYBODY HE WAS SORRY, HE WAS EMBARRASSED OF THIS.

AND IN THE LAST FEW WEEKS IT SEEMS LIKE HE'S REALLY DEVELOPED MAYBE A THICK SKIN OR SOMETHING.

>> DEFIANT.

>> HE'S DEFIANT, EXACTLY.

AND ANOTHER THING ON THAT FRONT WITH THE PRESS CONFERENCE IS THERE'S SOMETHING THAT REALLY STOOD OUT TO ME OVER THE LAST FEW WEEKS SINCE HE'S LET REPORTERS COME BACK.

A, HE STOPPED DOING CONFERENCE CALLS; AND, B, HE HASN'T COME BACK TO ALBANY TO TALK TO THE PEOPLE WHO ARE SPECIFICALLY ASSIGNED TO COVER HIM.

WHAT EXACTLY ARE WE DOING?

WHY ARE YOU HIDING IN NEW YORK CITY?

DON'T BE SCARED.

WE'D LIKE TO TALK TO YOU.

>> THAT'S A GREAT POINT.

WHEN HE'S GOING TO THESE EVENTS -- WE'VE SEEN HE'S GONE TO BUFFALO, WHICH IS OBVIOUSLY WE CAN GET THERE FROM ALBANY, BUT IT'S A FOUR-HOUR DRIVE.

>> ON SUPER SHORT NOTICE, SO NOT REALLY.

>> EXACTLY.

>> BUT TO OUR CREDIT, WE HAVE GREAT COLLEAGUES ACROSS THE STATE.

>> YES, THAT'S VERY TRUE.

>> REBECCA LEWIS WAS THE PERSON WHO QUESTIONED HIM YESTERDAY ABOUT THE SEXUAL HARASSMENT DISCONNECT THERE -- OF CITY & STATE -- AND SHE DID A REALLY GREAT JOB.

>> DEFINITELY.

>> SO TALKING ABOUT ALL OF THIS, AS YOU MENTIONED JOHN, WE HAVE THE IMPEACHMENT PROBE GOING ON.

WE DON'T REALLY KNOW WHERE IT IS IN THE ASSEMBLY.

IT STARTED IN MARCH AND THEY'VE BEEN INTERVIEWING PEOPLE, PRESUMABLY.

WE'VE GOTTEN A FEW UPDATES SO FAR, BUT DO WE KNOW WHERE IT STANDS?

>> THE SHORT ANSWER IS NO.

THERE'S THREE MAIN INVESTIGATIONS THAT ARE GOING ON -- THE ASSEMBLY IMPEACHMENT PROBE, THE DEPARTMENT OF JUSTICE'S INVESTIGATION INTO NURSING HOME DEATHS, AND THE ATTORNEY GENERAL'S INVESTIGATION.

AND WE DO NOT HAVE A FIRM TIMELINE FOR ANY OF THOSE.

I MEAN, ESPECIALLY WITH THE DEPARTMENT OF JUSTICE, SOMETHING THAT COULD BE CRIMINAL IN NATURE.

I MEAN, WE'RE JUST NEVER GOING TO HAVE THAT KIND OF TIMELINE.

BUT WE DON'T KNOW IF THIS IS GOING TO WRAP UP IN WHO DAYS OR IF THIS IS GOING TO WRAP UP IN TWO MONTHS OR EVEN LONGER.

SO THAT PUTS US IN THIS WEIRD LIMBO WHERE YOU SEE MORE OF A NORMALIZATION OF THE GOVERNOR'S EVENTS AND WHAT WE DISCUSSED EARLIER.

>> DO YOU THINK THAT THIS IS GOING TO CREATE -- AND I ASKED THIS TO JACK O'DONNELL LATER IN THIS WEEK'S SHOW -- DO YOU THINK IT WILL CREATE A DIVISION IN THE DEMOCRATIC PARTY LONG TERM?

BECAUSE WE SEE THE LAWMAKERS STANDING WITH THE GOVERNOR AT EVENTS.

AND THEN WE SEE LAWMAKERS WHO DON'T EVEN WANT TO MENTION HIS NAME.

DO YOU THINK WE'LL SEE THAT DIVISION?

>> YOU KIND OF ALREADY SEE THAT DIVISION, QUITE FRANKLY.

YOU HAD THIS NEW BREED OF ALBANY LAWMAKERS, YOUNGER LAWMAKERS, MORE PROGRESSIVE THAT REALLY HAVE BEEN DRIVING THAT TRAIN, SO TO SPEAK, OF MORE PROGRESSIVE LEGISLATION IN ALBANY AS WELL AS THE CALLS FOR THE GOVERNOR'S RESIGNATION, THE EMPHASIS ON SEXUAL HARASSMENT PROTECTIONS.

THAT NEWER BREED OF ALBANY LAWMAKER HAS REALLY KIND OF DRIVEN THAT BUS.

SO THE LONGER THE GOVERNOR'S IN OFFICE THE MORE POTENTIAL FOR THAT DISCONNECT.

WILL HE RUN FOR A FOURTH TERM?

WILL HE MAKE IT TO A POINT WHERE HE CAN DECIDE WHETHER HE RUNS FOR A FOURTH TERM?

THOSE ARE THINGS THAT WILL HELP DECIDE HOW DEEP THAT DISCONNECT GOES.

>> ALL RIGHT.

WE DO HAVE TO LEAVE IT THERE.

THANK YOU BOTH FOR YOUR ANALYSIS.

THIS HAS BEEN GREAT.

OUR OWN DARRELL CAMP AND JON CAMPBELL FROM THE USA TODAY NETWORK.

THANK YOU SO MUCH.

>> THANK YOU.

>> SO THERE'S BEEN A LOT OF NEWS IN THE LAST FEW YEARS ABOUT THE US SUPREME COURT.

BETWEEN NEW JUDGES AND BIG DECISIONS THERE'S BEEN A TON TO TALK ABOUT.

BUT THE SAME THING IS HAPPENING RIGHT HERE IN NEW YORK AT THE STATE COURT OF APPEALS.

THAT'S LIKE THE NEW YORK EQUIVALENT TO THE US SUPREME COURT.

GOVERNOR CUOMO HAS TO FILL THREE VACANCIES ON THE COURT THIS YEAR.

AND THERE'S ONLY SEVEN JUDGES WHEN IT'S FULL SO THAT'S PRETTY SIGNIFICANT.

AND THE COURT OF APPEALS DEALS WITH A LOT OF IMPORTANT STUFF LIKE NEW STATE LAWS AND INTERPRETING THE CONSTITUTION.

FOR MORE ON THAT I TURNED THIS WEEK TO VIN BONVENTRE FROM ALBANY LAW SCHOOL, OUR EXPERT ON THE COURT OF APPEALS.

[MUSIC] VIN BONVENTRE FROM ALBANY LAW SCHOOL, THANK YOU AS ALWAYS FOR BEING HERE.

>> ALWAYS GREAT TO BE WITH YOU, DAN.

>> THANK YOU.

SO WE'RE TALKING ABOUT THE COURT OF APPEALS.

IT'S SOMETHING THAT I THINK DOESN'T GET ENOUGH ATTENTION IN NEW YORK, BECAUSE I THINK THAT PEOPLE JUST DON'T REALLY KNOW THE EQUIVALENT.

SO IT'S LIKE THE U.S. SUPREME COURT, WHICH PEOPLE PAY QUITE A BIT OF ATTENTION TO, ESPECIALLY IN THE JUNE -- THE AREA THAT WE'RE IN OF THE YEAR.

BUT THE STATE COURT OF APPEALS DOES BASICALLY THE SAME FUNCTION, JUST WITH STATE COURT CASES.

SO LET'S START WITH HOW WE TALK ABOUT THE SUPREME COURT USUALLY, WHICH IS ABOUT IDEOLOGY.

WE'VE SEEN IN RECENT YEARS THE U.S. SUPREME COURT SHIFT TO CONSERVATIVE VERSUS LIBERAL.

HOW DO WE SEE THAT WITH THE COURT OF APPEALS, VIN.

IT'S NOT SOMETHING WE TALK ABOUT TOO OFTEN.

IS IT MORE OF A CONSERVATIVE COURT OR ARE WE TALKING ABOUT A LIBERAL COURT ON THE COURT OF APPEALS WITH THE JUDGES SITTING THERE RIGHT NOW?

>> WELL, THE COURT, OF COURSE, CHANGES DEPENDING ON THE COMPOSITION, JUST LIKE THE UNITED STATES SUPREME COURT.

CURRENTLY THE COURT'S A LITTLE BIT MORE CONSERVATIVE.

I MEAN, TO THE EXTENT WE MEAN CONSERVATIVE, YOU KNOW, MORE PRO PROSECUTION AND MORE RIGHTS OF THE ACCUSED.

A LITTLE LESS SYMPATHETIC TO PLAINTIFFS IN CIVIL LAWSUITS.

IT'S A LITTLE MORE CONSERVATIVE TODAY THAN IT WAS FIVE, 10 YEARS AGO.

BUT WE'RE NOT TALKING ABOUT A COURT THAT'S ANYWHERE NEAR SOCIALLY AND POLITICALLY AS CONSERVATIVE AS, SAY, A CLARENCE THOMAS ON THE UNITED STATES SUPREME COURT OR THE LATE ANTONIN SCALIA OR THE NEW NEIL GORSUCH.

WE'RE NOT TALKING ANYTHING LIKE THAT.

WE'RE TALKING ABOUT CONSERVATIVE WITHIN THE CONTEXT OF NEW YORK STATE.

>> IT'S THE CONSERVATIVE IN NEW YORK WHICH IS NOT ANYWHERE NEAR WHAT PEOPLE LIKE YOU MENTIONED -- >> NO, NOTHING LIKE THAT, NO.

>> EXACTLY.

SO THE QUESTION -- >> IT'S KIND OF LIKE BEING A LIBERAL IN NEW YORK CITY AS OPPOSED TO BEING A DEMOCRAT IN UPSTATE NEW YORK.

>> EXACTLY.

EXACTLY.

SO A QUESTION THAT I GET A LOT ABOUT ALL THIS IS WHY DOES THIS EVEN MATTER?

COULD YOU EXPLAIN TO OUR VIEWERS, BECAUSE I FEEL LIKE MAYBE I DON'T DO A GOOD ENOUGH JOB ABOUT IT SOMETIMES.

CAN YOU EXPLAIN TO OUR VIEWERS WHY THE COURT OF APPEALS IS SO IMPORTANT?

I KNOW IT'S KIND OF CONFUSING BECAUSE WE HAVE THE SUPREME COURT IN NEW YORK, WHICH IS ACTUALLY THE LOWEST LEVEL OF COURT IN NEW YORK, AND WE HAVE WHAT WE'RE TALKING ABOUT, WHICH IS THE COURT OF APPEALS.

>> IT'S THE MOST RIDICULOUS NOMENCLATURE TO SPEAK OF OUR TRIAL COURT AS SUPREME COURT AND TALK ABOUT OUR HIGHEST COURT AS COURT OF APPEALS.

THAT'S AN ACCIDENT OF HISTORY.

BUT IN ANY EVENT, THOSE WHO FOLLOW COURTS KNOW THAT THE NEW YORK COURT OF APPEALS IS THE HIGHEST COURT IN NEW YORK.

HISTORICALLY, IT'S BEEN ONE OF THE MOST INFLUENTIAL COURTS IN THE COUNTRY.

AND IN FACT FOR MUCH OF ITS HISTORY IT WAS WIDELY RECOGNIZED AS THE FINEST AND MOST INFLUENTIAL COURT IN THE ENTIRE NATION.

WHY IS IT IMPORTANT?

WE TALK A LOT ABOUT THE UNITED STATES SUPREME COURT.

BUT THE FACT OF THE MATTER IS THAT WITH REGARD TO THE FINAL INTERPRETATIONS OF OUR CONSTITUTIONAL RIGHTS, MOST OF THAT IS DONE FOR NEW YORKERS BY THE NEW YORK COURT OF APPEALS.

SO, FOR EXAMPLE, WHEN THE NEW YORK COURT OF APPEALS, AS IT HAS DONE, PROTECTS FREEDOM OF SPEECH MORE THAN THE FEDERAL SUPREME COURT, FREEDOM OF THE PRESS MORE THAN THE FEDERAL SUPREME COURT, SEARCH AND SEIZURE RIGHTS, RIGHT TO COUNSEL, INTERROGATION RIGHTS, PARENTAL RIGHTS, EDUCATION RIGHTS, I COULD GO ON AND ON AND ON.

THAT'S THE SUPREME LAW OF NEW YORK.

AND SO THE NEW YORK COURT OF APPEALS IS NOT PERMITTED TO VIOLATE WHAT THE SUPREME COURT SAYS.

BUT THE NEW YORK COURT OF APPEALS CAN CERTAINLY PROTECT RIGHTS A LOT MORE THAN THE UNITED STATES SUPREME COURT DOES.

AND TYPICALLY THAT HAS BEEN THE ROLE OF THE NEW YORK COURT OF APPEALS.

>> SO IT'S OBVIOUSLY VERY INFLUENTIAL.

AND AS YOU SAID BEFORE, THE JUDGES THAT ARE SITTING ON THE COURT RIGHT NOW MAKE UP A SORT OF NEW YORK CONSERVATIVE IDEOLOGY.

AND WE SHOULD MENTION THAT ALL OF THE JUDGES THAT ARE SITTING ON THE COURT HAVE BEEN APPOINTED BY GOVERNOR ANDREW CUOMO, OBVIOUSLY A DEMOCRAT WHO IS CONSIDERED MORE TO THE LEFT THAN SOME OF HIS COLLEAGUES BUT ALSO CONSIDERED A MODERATE.

HE HAS TO FILL THREE VACANCIES THIS YEAR.

WHAT ARE WE LOOKING AT HERE, VIN?

DO WE EXPECT HIM TO NOMINATE MORE OF THE SAME SORTS OF JUDGES OR DO WE HAVE ANY EXPECTATIONS, I GUESS?

>> I DON'T THINK WE HAVE ANY EXPECTATIONS WITH REGARD TO IDEOLOGY.

THIS IS NOT LIKE IF PRESIDENT OBAMA IS PUTTING JUSTICES ON THE SUPREME COURT, WE CAN FIGURE THEY'RE GOING TO BE PRETTY LIBERAL.

DONALD TRUMP PUTS JUSTICES ON THE COURT, WE CAN BET THEY'RE GOING TO BE PRETTY SOCIALLY AND POLITICALLY CONSERVATIVE.

ANDREW CUOMO DOESN'T SEEM TO HAVE ANY PARTICULAR IDEOLOGICAL BENT OR IDEOLOGICAL PATTERN TO HIS APPOINTEES.

FOR EXAMPLE, ON THE CURRENT COURT, YOU HAVE JUDGE MICHAEL GARCIA, WHO IS PRETTY CONSERVATIVE.

AGAIN, WE'RE NOT TALKING ABOUT JUSTICE CLARENCE THOMAS OR JUSTICE SCALIA -- >> CONSERVATIVE LIKE.

>> THAT'S RIGHT.

BUT HE'S PRETTY CONSERVATIVE.

THE CHIEF JUDGE, JANET DIFIORE, AT LEAST IN CRIMINAL CASES, SHE'S PRETTY CONSERVATIVE.

AT THE OTHER END OF THE COURT YOU HAVE JUDGE ROWAN WILSON AND YOU HAVE JUDGE JENNY RIVERA, WHO ARE QUITE SOCIALLY AND POLITICALLY LIBERAL.

AND THEY WOULD BE IN THE MODE OF, SAY, JUSTICE SONIA SOTOMAYOR OR JUSTICE ELENA KAGAN.

THE THREE WHO ARE DEPARTING THE COURT OR WHO HAVE DEPARTED THE COURT THIS YEAR THAT WILL BE REPLACED, THEY ARE MUCH MORE DIFFICULT TO PLACE ON THE COURT'S SPECTRUM.

THEY'RE KIND OF LIKE IN THE MIDDLE AND IT DEPENDS UPON WHETHER THE MORE LIBERAL JUDGES ON THE COURT CAN PERSUADE TWO OF THEM TO MAKE THE MAJORITY OR THE MORE CONSERVATIVE MEMBERS OF THE COURT, GARCIA AND DIFIORE, CAN CONVINCE THEM TO JOIN WITH THEM.

SO IT'S NOTHING LIKE THE SUPREME COURT WHERE YOU HAVE FOUR VERY, VERY CONSERVATIVE JUSTICES.

YOU HAVE -- WELL NOW YOU ONLY HAVE THREE QUITE LIBERAL JUSTICES.

AND THEN IT REALLY DEPENDS ON WHERE CHIEF JUSTICE ROBERT IS GOING TO GO.

YOU DON'T HAVE THAT KIND OF DEEP DIVISION ON THE NEW YORK COURT OF APPEALS.

>> SO REALLY THESE NEW JUDGES COULD HAVE A MAJOR IMPACT SINCE THEY'RE NOT -- THEY MAY BE IN THE MIDDLE, LIKE THEIR PREDECESSORS.

>> THAT'S RIGHT.

IF ANDREW CUOMO HAPPENS TO PICK SAY THREE JUDGES FOR THE NEW YORK COURT OF APPEALS WHO ARE QUITE LIBERAL, WELL, THEN JENNY RIVERA AND ROWAN WILSON WILL PROBABLY HAVE THREE MORE ALLIES ON THE COURT, OR IT COULD BE THE OPPOSITE.

BUT AGAIN ANDREW CUOMO HAS NOT SHOWN A BENT FOR PUTTING A PARTICULAR IDEOLOGICAL SORT OF JUDGE ON THE COURT AT ALL.

>> ALL RIGHT.

WE WILL SEE HOW THIS ALL PLAYS OUT.

VIN BONVENTRE FROM ALBANY LAW SCHOOL, THANK YOU SO MUCH.

>> THANKS FOR INVITING ME, DAN.

[MUSIC] CUOMO COULD NOMINATE AT LEAST ONE JUDGE TO THE COURT OF APPEALS REALLY ANY DAY NOW.

IF THAT HAPPENS WE'LL POST ABOUT IT ON OUR WEBSITE.

THAT'S NYNOW.org.

BUT MOVING ON TO SOME OTHER LEGAL NEWS OUT OF NEW YORK, CORRECTION OFFICERS FILED A FEDERAL CIVIL RIGHTS LAWSUIT THIS WEEK TO OVERTURN THE NEW HALT LAW WHICH BASICALLY LIMITS HOW AND WHEN SOLITARY CONFINEMENT CAN BE USED IN STATE PRISONS.

NYSCOPBA, THE UNION THAT REPRESENTS CORRECTION OFFICERS, SAYS THE NEW LAW STRIPS ACCOUNTABILITY FROM THOSE WHO BREAK THE RULES IN PRISON.

AND THEY SAY WITHOUT THAT ACCOUNTABILITY PRISONS WILL BE LESS SAFE BOTH FOR CORRECTION OFFICERS AND OTHER INCARCERATED PEOPLE.

MIKE POWERS IS THE PRESIDENT OF NYSCOPBA.

>> WHEN YOU'RE DEALING WITH INDIVIDUALS THAT DON'T SUBSCRIBE OR GET ALONG IN THE REHABILITATION SYSTEM, IT'S NO DIFFERENT THAN SOCIETY, RIGHT.

WE HAVE DISRUPTIONS IN SOCIETY, WE REMOVE THEM FROM THE STREETS TO CREATE A SAFER ENVIRONMENT FOR THE COMMUNITY.

AND IT'S NO DIFFERENT WITH INSIDE A CORRECTIONAL FACILITY.

SUPPORTERS OF THE NEW LAW DISAGREE AND SAY THERE WILL STILL BE CONSEQUENCES FOR BAD ACTORS IN PRISON.

THEY'LL STILL BE SEPARATED FROM OTHERS FOR UP TO 15 DAYS AND LONGER IF NEEDED.

SUPPORTERS SAY THE NEW LAW IS MORE ABOUT RACIAL JUSTICE AND THE MENTAL HEALTH OF THOSE IN PRISON.

JEROME WRIGHT IS WITH THE HALT SOLITARY CAMPAIGN.

>> THEY WANT TO CONTINUE PERPETUAL PUNISHMENT AND WE DO NOT AGREE WITH THAT.

THE MOVE IN THIS COUNTRY NATIONALLY IS TO STOP TORTURING AND OPPRESSING BLACK AND BROWN BODIES WHICH HAPPENS IN SOLITARY CONFINEMENT.

SO THAT LAWSUIT WAS FILED IN FEDERAL COURT AND WE'LL SEE WHERE IT GOES.

IN THE MEANTIME WE COULD BE JUST WEEKS AWAY FROM AN IMPEACHMENT TRIAL IN NEW YORK AGAINST GOVERNOR CUOMO.

AS WE'VE TOLD YOU HE'S CURRENTLY UNDER INVESTIGATION OVER CLAIMS OF SEXUAL HARASSMENT, HIS HANDLING OF NURSING HOMES AND MORE.

AND TO BE CLEAR HE'S DENIED ANY WRONGDOING.

BUT IF THE ASSEMBLY MOVES FORWARD WITH IMPEACHMENT IT WOULD ALMOST BE UNPRECEDENTED.

ONLY ONE OTHER GOVERNOR IN NEW YORK HAS EVER BEEN IMPEACHED IN STATE HISTORY.

THAT WAS IN 1913, AND THE GOVERNOR WAS WILLIAM SULZER.

AND IT MIGHT SURPRISE YOU THAT BACK THEN, THINGS WEREN'T SO DIFFERENT WHEN IT COMES TO POLITICS.

JACK O'DONNELL LITERALLY WROTE THE BOOK ON THIS.

IT'S CALLED 'BITTEN BY THE TIGER.'

WE SPOKE THIS WEEK ABOUT HOW THE SULZER IMPEACHMENT COMPARES TO TODAY.

[MUSIC] >> JACK, THANK YOU SO MUCH FOR BEING HERE.

APPRECIATE YOUR INSIGHT.

>> GREAT TO BE HERE.

>> SO YOU LITERALLY WROTE THE BOOK ON THE ONLY IMPEACHMENT THAT'S HAPPENED IN NEW YORK STATE.

IT HAPPENED A CENTURY AGO OF GOVERNOR WILLIAM SULZER.

JACK, TAKE ME BACK A HUNDRED YEARS.

IT'S A VERY DRAMATIC EVENT.

IT WAS AT THE TIME OF TAMMANY HALL.

WILLIAM SULZER IS BEING CHARGED WITH IMPEACHMENT.

TELL ME WHAT WAS GOING ON THAT YEAR.

WHAT DID THE LEGISLATURE WANT TO IMPEACH HIM FOR?

>> WELL, WILLIAM SULZER IS KIND OF AN INTERESTING CHARACTER.

AS YOU MENTIONED HE COMES OUT OF TAMMANY HALL, WAS CERTAINLY A TAMMANY BRAVE.

BUT TAMMANY NEVER REALLY TRUSTED HIM.

AND THERE WAS SOME BACK AND FORTH.

AND IT TURNED OUT THERE WERE SOME REASONS FOR THAT.

ONCE SULZER BECOMES GOVERNOR, ONE OF THE THINGS THAT HE TRIES TO DO IS KIND OF WORK OUTSIDE THE DEMOCRATIC PARTY SYSTEM.

IN ESSENCE CREATE A SULZER PARTY -- PEOPLE WHO WERE LOYAL TO HIM AND NOT TO THE DEMOCRATIC MACHINE.

AND YOU CAN IMAGINE THAT CAUSED FRICTION WITHIN THE DEMOCRATIC MACHINE.

THERE WERE LOTS OF FIGHTS ABOUT WHO WAS IN CHARGE, WHAT DID PATRONAGE LOOK LIKE.

AND THERE WAS ALSO ON THE FLOOR A BATTLE AROUND DIRECT PRIMARIES.

AT THE TIME YOU COULD ONLY BE NOMINATED FOR STATEWIDE OFFICE THROUGH A CONVENTION, A STATEWIDE CONVENTION, WHICH MEANT THAT WILLIAM SULZER HAD TO GO TO THE PARTY TO GET SUPPORT.

SO THAT WAS ONE OF THE MECHANISMS FOR THE FIGHT.

>> SO WHAT WAS THE ACTUAL CHARGE?

I'VE READ ABOUT THIS BEFORE.

IT WAS SOMETHING TO DO WITH CAMPAIGN FINANCE; IS THAT RIGHT?

SOMETHING HE WAS DOING WITH HIS FUNDRAISING.

WHAT WAS GOING ON THERE?

>> SO HE ENDED UP BEING IMPEACHED AND CHARGED WITH SEVEN COUNTS.

THE FIRST COUNT AND THE ONE THAT WAS MOST CLEARLY GUILTY ON, DAN, WAS AROUND CAMPAIGN FINANCE.

SO WHEN HE WAS IN THE STATE LEGISLATURE, HE HAD HELPED PASS A LAW THAT ALL CANDIDATES HAD TO CERTIFY WHO THE MONEY HAD COME FROM AND WHERE IT HAD GONE.

HE SPENT A NUMBER OF, A LOT OF MONEY ON DIFFERENT STOCK MARKET ACCOUNTS WHERE HE WAS BETTING THE MARKET UNDER ASSUMED NAMES.

BUT SOMETHING LIKE A COUPLE HUNDRED THOUSAND DOLLARS, WHICH WAS REAL MONEY IN 1913.

>> SO OBVIOUSLY NOT GOOD THINGS.

LET'S FAST-FORWARD A CENTURY LATER AND A COUPLE OF YEARS WHERE WE ARE NOW.

GOVERNOR CUOMO IS FACING AN IMPEACHMENT PROBE FROM THE ASSEMBLY.

THE IMPEACHMENT INQUIRY STARTED I THINK IN EARLY MARCH, AND WE'RE EXPECTING IT TO GO ON A WHILE.

HOW DOES THAT COMPARE WITH WHAT WE SAW WITH SULZER?

DID THE LEGISLATURE TAKE THIS DRAWN-OUT APPROACH TO IT OR DID IT MOVE RELATIVELY QUICKLY?

>> IT WAS A MIX.

SO IN 1913, WHAT THE LEGISLATURE DID, WAS THEY CREATED A SIMILAR TO THE ASSEMBLY IMPEACHMENT COMMITTEE NOW.

IT BECAME KNOWN AS THE HALLY COMMITTEE AFTER A SENATOR FROM BROOKLYN, BUT IT WAS A JOINT ASSEMBLY SENATE COMMITTEE.

THEY WENT AROUND THE STATE HOLDING HEARINGS, INTERVIEWING WITNESSES, SUBPOENAING RECORDS.

IT WAS A REALLY VERY THOROUGH THING.

IN CONTRAST TO TODAY'S PROCESS, THAT WAS PUBLIC.

A LOT OF THAT WAS REPORTED IN THE NEWSPAPERS.

SO WE SAW IT AS IT WAS SORT OF GOING ON.

AND THEN BACK THEN ONCE THEY ACCEPTED THE REPORT, LITERALLY THE SAME DAY THE ASSEMBLY VOTED FOR IMPEACHMENT.

BUT THERE WAS A PART OF THE CONSTITUTION THAT REQUIRED THEM TO WAIT A MONTH, EXCUSE ME, BEFORE ACTUALLY HOLDING THAT IMPEACHMENT TRIAL.

>> IS THAT STILL PART OF THE CONSTITUTION?

LIKE, IF THE ASSEMBLY DID THAT NOW WOULD WE HAVE TO WAIT A MONTH BEFORE THE SENATE HAS A TRIAL OR WAS THAT DONE AWAY WITH?

>> IT WAS DONE AWAY WITH.

>> IT'S SUCH AN INTERESTING THING TO TALK ABOUT BECAUSE WE HAVE ONLY HAD THIS ONE IMPEACHMENT IN NEW YORK STATE HISTORY, THE SULZER IMPEACHMENT.

AND NOW WE'RE LOOKING AT GOVERNOR CUOMO.

THE ASSEMBLY HAS STARTED ITS IMPEACHMENT PROBE AS I MENTIONED.

WE MIGHT SEE A TRIAL SOMEWHERE DOWN THE LINE.

HOW DO YOU SEE IT PLAYING OUT, JACK.

YOU'VE BEEN A POLITICAL ANALYST HERE IN ALBANY.

YOU'RE BASED IN BUFFALO.

HOW DO YOU SEE IT PLAYING OUT FOR GOVERNOR CUOMO GIVEN THE CURRENT POLITICAL CLIMATE?

>> I THINK WE'RE SORT OF SEEING TWO DIVERGENT THINGS HAPPENING, RIGHT.

JUST AS WE'RE SEEING MORE AND MORE ALLEGATIONS, CRITICAL STORIES, REPORTS ABOUT THE GOVERNOR, WHETHER THAT'S ON NURSING HOMES, THE TAPPAN ZEE, HIS CONDUCT TOWARDS STAFFERS, THE WORK CLIMATE -- WE KEEP HEARING DRIBS AND DRABS ABOUT HOW TERRIBLE THAT IS.

BUT AT THE SAME TIME THE GOVERNOR IS OUT THERE EVERY DAY MAKING ANNOUNCEMENTS, VERY INTERESTINGLY STANDING WITH LEGISLATORS WHO HAVE CALLED FOR HIS IMPEACHMENT, STANDING WITH HIM AND APPLAUDING SOME OF HIS WORKS.

SO WE HAVE TO SEE WHAT THESE REPORTS LOOK LIKE.

AND A LOT MORE RELEVANT THAN MAYBE THE ASSEMBLY COMMITTEE REPORT IS GOING TO BE WHAT WE SEE FROM THE ATTORNEY GENERAL.

I THINK THE INTEGRITY OF THAT OFFICE AND REALLY THE BACKGROUND AND CREDENTIALS OF THE PEOPLE SHE APPOINTED TO DO AT LEAST THIS FIRST REPORT, THE SEXUAL HARASSMENT REPORT, I THINK THAT'S GOING TO BE REALLY TELLING ON WHERE WE GO FROM HERE.

>> SO YOU MENTIONED EARLIER THAT AT THE TIME WILLIAM SULZER WAS KIND OF BREAKING OFF FROM THE DEMOCRATIC PARTY AND KIND OF DOING HIS OWN THING, TRYING TO GET SUPPORTERS FOR HIS OWN PRIORITIES.

AND WE KIND OF SEE THE SAME THING WITH THE CUOMO IMPEACHMENT STUFF.

YOU SEE MODERATE DEMOCRATS BREAKING OFF FROM MORE-TO-THE-LEFT DEMOCRATS AND STANDING WITH THE GOVERNOR AT CERTAIN EVENTS AND STANDING WITH THE GOVERNOR ON DIFFERENT POLICIES AND IN PRESS RELEASES.

DO YOU THINK THAT WE WILL SEE THE SAME THING TODAY COME OUT OF THIS IMPEACHMENT TRIAL IF WE HAVE ONE WHERE THE DEMOCRATIC PARTY IN NEW YORK STATE WILL JUST BE SPLIT IN TWO?

AND IF THAT'S IRREPARABLE, I GUESS WE'LL WAIT AND SEE.

>> I THINK IT DEPENDS A LOT ON WHAT THESE REPORTS SAY.

IF THEY'RE VERY CLEAR AND DECISIVE, AGAIN, I THINK -- AS AN ILLUSTRATION WHEN THE ATTORNEY GENERAL STARTED HER INITIAL REPORT ON THE NURSING HOMES.

I THINK THE CUOMO ADMINISTRATION DIDN'T AIM TO ATTACK HER.

THEY FLIPPED IT AROUND AND SAID, OH WAIT, THEIR REPORT SAYS WHAT WE'VE BEEN SAYING ALL ALONG, WHICH NOT A LOT OF PEOPLE BELIEVED.

BUT THEY FELT IT SEEMINGLY NOT POLITICALLY WISE TO BE ATTACKING HER BOTH BECAUSE OF HER EXPERIENCE AND MAYBE ALSO AS THE HIGHEST RANKING AFRICAN-AMERICAN WOMAN IN THE STATE, WHICH IS A BIG PART OF THIS CONSTITUENCY.

I THINK A LOT REALLY HINGES ON WHAT DOES THAT REPORT LOOK LIKE?

IS IT SORT OF A MIDDLE ROAD CONDEMNATION?

IS IT SORT OF HE SAID/SHE SAID?

OR IS IT, WOW, HE DID SOME BAD THINGS?

>> ALL RIGHT.

WE WILL SEE.

JACK O'DONNELL, AUTHOR OF 'BITTEN BY THE TIGER' AND THE O'DONNELL AND O'DONNELL AND ASSOCIATES.

THANK YOU SO MUCH.

>> THANKS, DAN.

IT WAS MY PLEASURE.

SO WE'LL KEEP YOU UPDATED ON THE IMPEACHMENT PROBE AGAINST THE GOVERNOR.

BUT WE HAVE TO LEAVE IT THERE THANKS FOR WATCHING THIS WEEK'S NEW YORK NOW.

HAVE A GREAT WEEK.

AND BE WELL.