The Times has a copy of a memo that allegedly details the Gang of Three state senators’ demands of Malcolm Smith, back when they were forging the deal that was supposed to cement the Democratic majority and which collapsed this week. Though the negotiations were necessarily unofficial, the memo is said to have been “prepared by lawyers” and even has spaces for the parties to initial each agreed point.
The document, which is helpfully embedded in the article, “spells out an ironclad guarantee that legislation to legalize same-sex marriage would not come to a vote in the Senate under Mr. Smith,” says the Times. The doc also stipulates that Pedro Espada, as majority leader, would peel off some powers from the president pro tempore (Smith) and “have the same authority as is currently held by the majority leader” and “have sufficient staff and resources” — ka-ching! — “to carry out his duties.”
Carl Kruger’s powers as finance committee chair are also detailed, and he would be funded at $5.9 million (ka-ching!). And Smith was supposed to give $700,000 “payroll budget” to Espada and Kruger (ka-ching!).
This sounds other-than-legal to us. What would the Gang have done if they’d all signed and Smith later reneged? Take him to court for not following through on their payoffs?