Could be, according to Robert Freeman, the executive director of the state Committee on Open Government.

Gov. David Paterson’s secretive process to select Hillary Rodham Clinton’s successor in the U.S. Senate conflicts with his campaign promises to open up government, and New York’s top regulator of open government laws says it appears to violate state law.

Just days from announcing his choice, Paterson won’t identify “about 10″ people who he said are in the running to follow Clinton, President-elect Barack Obama’s designated secretary of state. The governor won’t release the blank questionnaire he sent to each candidate looking for background information. He won’t turn over their completed forms.

“The process is confidential,” is the stock answer from his office.

Keeping the questions posed to Senate hopefuls secret appears to violate the state’s post-Watergate freedom of information laws, according to Robert Freeman, executive director of the state Committee on Open Government, the state agency that regulates enforcement of the good-government laws.

“How could it not be public? It’s a blank form,” said Freeman, a lawyer who since 1976 has been the top state employee advising government and the public on interpretation of the public officers’ law.

The names of those under consideration also should be disclosed, Freeman said.

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According to the latest poll from Public Policy Polling, Caroline Kennedy is losing popularity fast… According to their polling, while she still is viewed favorably by a majority of Democrats, “the number who see her unfavorably has nearly tripled over the last four weeks.”

Caroline is also no longer the favored choice of Democrats. A month ago, “almost twice as many Democrats said they wanted to see Kennedy appointed to the Senate as said they preferred Cuomo. Now he has a 20 point advantage within the party.”

I still can’t understand why some Democrats are so disillusioned over Kennedy. Joe Trippi, who managed Howard Dean’s failed presidential campaign, expressed his support for Caroline on Twitter, calling her “the best shot at a real reformer.” Excuse me? Based on what exactly? Trippi added, “she isn’t part of the corrupted political system — she shunned it.” If Caroline Kennedy “shunned” the “corrupted political system” then why is she now embracing it in such a sleazy way?

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I really hope this isn’t true…

New York Governor David Paterson says the search is ongoing, but two people close to him tell The Associated Press they believe Caroline Kennedy will be appointed to replace Hillary Clinton in the Senate.

Following continuing criticism of Kennedy, Paterson on Thursday threw down the gauntlet.

Kennedy appears to be the front-runner to replace Hillary Clinton in the U.S. Senate, but Paterson said Clinton’s successor will have to win re-election on their own.

It was the annual New Year’s open house in Albany. Paterson and his wife, Michelle, greeted constituents. The governor was asked about his New Year’s resolution.

“To try not to talk about the Senate until I make the appointment,” Paterson said.

Unfortunately, just about all the questions Gov. Paterson was asked Thursday had to do with Kennedy and her desire to replace Clinton.

If Governor Paterson does appoint Caroline Kennedy, it will be a huge insult to the people of New York, who deserve a Senator who is qualified for the position — not someone who feels entitled to the seat because of her name. 

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As if Caroline Kennedy’s sense of entitlement wasn’t already apparent, now she says that if she isn’t handed the seat on a silver platter she doesn’t want it at all.

Made a little more news on NY1 tonight, telling host Dominic Carter that she finally spoke to Hillary Clinton — who didn’t initially take her call — and that, if she’s not selected, she won’t run for the seat.

“We did have a very nice, you know, conversation, and obviously I’m not gonna talk about that, except to say that she said this was the greatest job that she’d ever had and could imagine having,” Kennedy said. “So, she was very encouraging, and that was, you know, that was nice because she’s a huge inspiration of mine.”

She was also asked if she’d run in 2010 if not selected.

“Well, if he doesn’t select me, I would support the person that he does select,” she said.

There’s a cop out if I have ever seen one. Pretty much anyone who gets selected will get a primary challenge in 2010. If she really cared about serving in the Senate she’d be willing to run for the seat in 2010… She was particularly insulting when she claimed that because of her name she would have to work harder if appointed. that is ironic since her name, and her name alone makes her a contender for the seat, which she doesn’t want to run a real campaign for.

Of course, the longer this is drawn out, the less her chances of getting appointed appear to be. She has been fumbling in the worst possible ways, and the potential blowback for Governor Paterson, combined with his ridiculous tax increases, would make him incredibly vulnerable when he goes up for reelection. 

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Amen!

Right idea, wrong argument. The problem with Caroline Kennedy’s presumption to Hillary Clinton’s soon-to-be-vacated Senate seat is not lack of qualification or experience. The Senate houses lots of inexperienced rookies — wealthy businessmen, sports stars, even the occasional actor.

The problem is Kennedy’s sense of entitlement. Given her rather modest achievements, she is trading entirely on pedigree.

I hate to be a good government scold, but wasn’t the American experiment a rather firm renunciation of government by pedigree?

Yes, the Founders were not democrats. They believed in aristocracy. But their idea was government by natural — not inherited — aristocracy, an aristocracy of “virtue and talents,” as Jefferson put it.

[...]

No lords or ladies here. If Princess Caroline wants a seat in the Senate, let her do it by election. There’s one in 2010. To do it now by appointment on the basis of bloodline is an offense to the most minimal republicanism. Every state in the union is entitled to representation in the Senate. Camelot is not a state.

Perhaps Paterson should just let the seat remain vacant. It has been vacant for nearly two years anyway. By not appointing anyone, he avoids alienating upstate since he’d have likely picked a downstater anyway… he avoids the criticism he’d get by appointing Caroline Kennedy…  I think politically, leaving the seat vacant my be the lesser of many evils.

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Looks like princess Caroline wasn’t given the royal treatment during her upstate pandering yesterday.

Caroline Kennedy took a page from Hillary Clinton’s playbook and began an upstate listening tour On Wednesday.

The road trip included stops in Syracuse, Rochester and Buffalo to help convince Gov. David Paterson and voters she’s the one to replace Clinton in the U.S. Senate.

But it was a tough crowd.

The black SUV pulled up to Syracuse city hall Wednesday morning. It was stop one on Kennedy’s upstate tour. 

But after meeting with Mayor Matt Driscoll, she ran into a buzz saw — angry reporters who wanted her to do more talking and less listening.

“But you’ve never held public office so what experience [do you have]?” one reporter asked.

Actually, she did speak briefly in Syracuse.

“I wanted to come upstate and meet with Mayor Driscoll and others to tell them about my experience and also learn more about how Washington can help these communities,” Kennedy said.

Her quick remarks fell flat. Reporters seemed to feel brushed off and they pursued her out.

“You’re not going to answer questions at all?” one asked.

“Where you headed next?” another demanded.

To the car.

Perhaps Caroline will realize she can do a lot for public image by staying out of politics and we can put this silliness behind us.

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While I think an endorsement of anyone is premature at this point, I am pleased they didn’t jump on the Caroline Kennedy train.

The Western New York heart may say Brian Higgins. But the head says Andrew M. Cuomo.

It will be more than a month before Gov. David A. Paterson announces his choice to fill the Senate seat now occupied by soon-to-be Secretary of State Hillary Clinton. The governor has received no shortage of unsolicited advice about who he should pick. Only recently in this space we argued that, for once, someone from Western New York should be considered.

But as the speculation revs into a higher gear and more names drop into and out of consideration, hopes receed [sic] that Western New York Congressman Higgins, Buffalo Mayor Byron W. Brown— or anyone who lives west of the Hudson — can win the nod.

Instead, the Great Mentioners are increasingly focusing on two possibilities with famous names. One is New York Attorney General Cuomo, son of former Gov. Mario Cuomo. The other is New York attorney and author Caroline Kennedy, daughter of President John F. Kennedy.

Of the two, Cuomo is by far the better choice, and a much more favorable selection for Western New York. 

Of course it isn’t hard to be the better choice when the only reason Caroline Kennedy would even be considered for the job is is her surname. Of course, the Democratic Party’s new obsession with unqualified candidates for office does mean that Kennedy has a shot. She is apparently considered the favorite for the position – which baffles me. 

At this I have to hope Brian Higgins gets the appointment. But, not because I think he’d be a good Senator… but because he’d only be Senator for two years and he’d leave an open seat for the GOP to try to take back.

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It is getting clearer…

President-elect Barack Obama wants to keep an outstanding commitment before Hillary Rodham Clinton becomes his secretary of state by calling on his donors to help her reduce her massive campaign debt before federal ethics rules prohibit her from doing so.

The urgency is rooted in the size of the New York senator’s unpaid bills and the fundraising restrictions she will face once she joins Obama’s cabinet.

At the beginning of November, Clinton owed $7.5 million to vendors from her failed presidential bid, according to campaign finance records. The largest share of the debt–about $5.3 million–is owed to the polling firm of Mark Penn, the Clintons’ longtime political strategist. She owes hundreds of thousands of dollars for printing, equipment rental, phone banks and other services.

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Caroline Kennedy is reportedly interested in Hillary Clinton’s Senate seat.

Caroline Kennedy — daughter of a slain president, niece of senators, and zealous guardian of her own privacy — is interested in the Senate seat once held by her uncle, her cousin says.

Robert F. Kennedy Jr. said he and the rest of the powerful Kennedy clan are urging Caroline to seek the New York governor’s appointment to the Senate seat now held by Hillary Rodham Clinton — and added she is ready and seriously considering it.

“I know she’s interested,” Robert Kennedy, who himself was prominently mentioned for the seat, told The Associated Press in a telephone interview Friday. “She spent a lot of her life balancing public service with obligations to her family. Now her children are grown, and she is ready to move onto a bigger stage.”

Once Clinton, in line to become secretary of state, is confirmed to President-elect Barack Obama’s Cabinet, New York Gov. David Paterson will appoint someone to fill the seat for two years.

The Kennedy family’s connections and history cannot force Paterson to choose Caroline, but the family’s strong support could increase pressure on him to pick her over lesser-known contenders. For Caroline Kennedy, seeking the Senate seat would be a significant departure from the life she has lived until now, protecting her family’s privacy — and her own.

No thanks. I left one state with a Kennedy for a Senator — which hasn’t worked very well — I really don’t want New York fall for that trap. I would prefer Brian Higgins… at least he would only last two years. Caroline Kennedy, I assume, would be more likely to hold onto the seat in 2010.

Perhaps the idea itself doesn’t carry as much weight as it used to. Anti-dynasty sentiments may have contributed to the rejection of Hillary as the Democratic nominee for president. I am not saying that Caroline Kennedy wouldn’t be a popular choice… but it might be better for her politically than Paterson. 

UPDATE: Well… maybe she’s more than just interested… She is apparently “campaigning” for the job.

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Apaparently there is nothing that the Democrats don’t want to regulate.

One year after putting retailers on notice, Sen. Charles Schumer said he will be introducing federal legislation that will install mandated standards on gift cards.

Under the proposal Schumer unveiled Wednesday afternoon at the Walden Galleria, all gift cards would have at least a five-year life span while eliminating the practice of declining values and hidden fees for those cards not used within a reasonable period of time. Schumer said the bill, which he dubbed the “Fair Gift Card Act”, could be enacted by federal lawmakers in time for next year’s peak holiday shopping season.

“The truth is gift cards should come with a warning attached,” Schumer said. “You need to know where to look and to look carefully with gift cards.”

Schumer said his office is frequently flooded with calls from angry consumers who were giving gift cards only to find they have a limited life or have a decreasing value after a given period of time, sometimes less than six months.

Democrats always label their actions as being in the interest of fairness. But how is it fair for the government to tell a business how to run its business? For one thing, gift cards already have printed disclaimers on them. It is also quite common for gift cards to have a limited life… and I say what is wrong with that? As long as the consumer is aware of the policy they can decide whether or not they want to get the gift card.

Another problem with government mandated non-expiring gift cards is that if the campany goes out of business the state (read: taxpayers) has to honor them. And how is that “fair” to the taxpayer.

I have a stash a gift cards… some expire, some don’t. If I fail to use them while they are still redeemable that is my fault… not the taxpayers’ responsibility.

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Comrade Obama has named more people to serve in his regime. As widely expected, he tapped Hillary Clinton to be his Secretary of State.

I have been skeptical that this was actually going to happen. I don’t see it as a wise move for Hillary if she still has presidential ambitions.

So, now speculation centers on who will be chosen to replace Hillary in the Senate. Things aren’t looking good for Brian Higgins or Byron Brown.  But, it appears that Governor Paterson still has time to decide.

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In my opinion, he should have resigned three years ago:

ABC News’ Teddy Davis Reports: New York Sen. Chuck Schumer (D) is giving up his job running the Democratic Senatorial Campaign Committee after two successful campaign cycles which saw his party go from minority status under a newly re-elected President Bush to its biggest Senate majority in three decades.

Of course, there is nothing about the DSCC scandal involving two of Schumer’s staffers… but then again, it didn’t get the coverage it deserved when it happened either.

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According to Illuzzi’s sources:

Sources say, “Governor Paterson has a short list of three names on his replace Hil list. The only upstater on the list is Buffalo Mayor Byron Brown.”

Byron makes a lot of sense; he is a prominent, very popular Democratic Mayor of an upstate City, the 2nd largest City in NYS. He is from New York City. Byron would be the only Black in the U.S. Senate.

I think Byron would be a horrible choice. You don’t want to put a corrupt, incompetent Mayor of a dying city. Byron Brown shouldn’t be Mayor anymore, but that doesn’t mean he should be a U.S. Senator.

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Buffalo Pundit still enthusiastically supports the idea that should Hillary become the next secretary of state (which I still have doubts over) that Brian Higgins would be the best choice if Governor Paterson chooses to throw a bone to Western New York with his appointment. Buffalo Pundit offers this thought.

My only question is whether Higgins could build a statewide following to get re-elected. If anyone from upstate or WNY could, it is he.

I have to disagree. As much as I dislike Brian Higgins, I wouldn’t be bothered by him being appointed to the Senate – as I have previously stated — but for different reasons than Buffalo Pundit.  But, should he be appointed, he’ll have less than two years before having to run for the position again in a special election. And as an appointee, that election will certainly attract primary challengers… and I don’t think Higgins will have the time or the clout to walk away with the party nomination for the U.S. Senate.

UPDATE: Now the New York Times is saying she will accept…

UPDATE: Politico:

Breaking: Sen. Hillary Rodham Clinton (D-N.Y.) plans to accept an offer of secretary of State from President-elect Obama and resign from the Senate, a top Clinton adviser said. An announcement is expected shortly after Thanksgiving, officials said. “She knew this was the right thing to do but just needed to sit with it for a bit to make sure,” the adviser said.

I still say that this a bad move for Hillary… and Comrade Obama.

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Joe Illuzzi claims that sources have informed him that Rep. Nydia Velazquez wis indeed the frontrunner to replace Hillary if she leaves the Senate to be secretary of state.

Representative Nydia M. Velázquez, whose district spans parts of Lower Manhattan, Brooklyn and Queens; who is the first Puerto Rican woman to serve in the House of Representatives, according to sources, is the front runner should Clinton get Secretary of State.

Our sources in the know say: Velázquez is qualified; she will be the trump card to get the “gang of four”, three at this point, to go along with Malcolm Smith as Majority Leader. The only question mark would be Senator Ruben Diaz whose dissent is predicated on moral issues, e.g. his opposition to Gay marriage & abortion. Good for him! ###

I still remain highly skeptical that Hillary will accept the job if it is actually offered.

UPDATE: The Politico reports that, contrary to the Guardian’s earlier claim, Hillary not only has not yot been offered the job of secretary of state, but is not even sure she would accept the post if it were offered.

Hillary Rodham Clinton isn’t certain she would accept the Secretary of State post even if Barack Obama offers it to her, several people close to the former first lady say.

Press reports that portray Clinton as willing to accept the job – once the Obama transition team vets Bill Clinton’s philanthropic and business ventures – are inaccurate, one Clinton insider told Politico.

“A lot of the speculation and reporting is out ahead of the facts here,” said the person, who requested anonymity. “She is still weighing this, independent of President Clinton’s work.”

This really strengthens by belief that she won’t take it. If that happens, I can’t help wonder who leaked the false claim to the Guardian, and what was their motive. It could have been started by someone in the Clinton inner circle with tho intention of arousing displeasure amongst former Clinton supporters, or it could have been someone in Obama’s circle, leaking the false story to a foreign media outlet as a trial balloon and assess public reaction at home and abroad.

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It has been long enough since the Guardian’s story claiming Hillary Clinton will accept an offer from Comrade Obama to be secretary of state that one would think a definitive confirmation (or denial) by Hillary Clinton, Barack Obama, or both would have occured or publicly scheduled by now.

As of this post, I haven’t seen any American media reporting the job offer being made and/or accepted either — which seads me to believe that the Guardian’s story is based on unconfirmed rumors.

I, for one, remain skeptical. The political benefits for Hillary of staying in the Senate far outweigh the benefits of accepting the job as secretary of state.

This very well could be a rumor started by the Clinton inner circle to arouse displeasure amongst former Clinton supporters who still harbor a muted grudge against Obama for not only winning the nomination, but for not choosing (or even vetting) Hillary as a running mate.

I won’t believe the story until either Comrade Obama or Hillary confirm it. 

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