A Senate panel mulling the fate of Hiram Monserrate, who was
convicted in October of misdemeanor assault, has completed four marathon sessions,
pored over thousands of pages of documents and reviewed hundreds of hours of
court proceedings. The committee expects to complete its work by the end of the
year.
But a growing number of lawmakers say they have already made
up their minds, and plan to move forward early next year with a vote to expel
Monserrate regardless of the committee’s findings.
Sen. Brian Foley of Suffolk, one of the first members of the
chamber to call for Monserrate’s removal, has already told colleagues he plans
to initiate expulsion proceedings even if the committee recommends a less
severe sanction, Foley’s office confirmed. Senate officials say they expect
such a measure to have broad support among both Republicans and Democrats in
the chamber.
“Senator Foley will come out and renew his call for Senator
Monserrate’s expulsion even if a panel recommends otherwise,” said Ibrahim
Kahn, a spokesman for Foley. “He doesn’t foresee how an objective panel can
come out with any recommendation other than expulsion.”
Another prominent Senate Democrat with knowledge of the
committee’s work, who did not want to jeopardize the legality of the review
process, put it more bluntly: “It’s a done deal.”
Foley and his allies have been unusually assertive in their
campaign to oust Monserrate, hoping to sideline the dissident Democrats—known
as the “Amigos”—who have stood by the embattled Queens senator and diminish
their bargaining power. In the days following Monserrate’s conviction, Foley
called publicly for Monserrate’s removal despite private attempts by the
Democratic conference leader, John Sampson, to quiet the uprising.
Foley has won support for his effort from some of the
chamber’s most prominent members, including Sen. Liz Krueger of Manhattan, who
said in an interview that she has seen enough evidence to vote for expulsion as
soon as possible.
“I personally believe that from what I know of the case—but
most important, the review and findings of the committee and evidence that they
will give us—there will be grounds to vote for expulsion,” she said. “And
pending evidence other than what I know so far, I believe that I will be able
to vote for expulsion.”
Krueger added that if the committee does not recommend
expelling Monserrate, Foley and others could seek to remove him from the Senate
through other means.
“Brian Foley could come up with other models that met the
constitutional standard and ultimately came to a recommendation of a vote on
the floor of the senate,” she said. “Brian is saying, if the committee process
that we’ve already undertaken does not lead to a vote for expulsion, he wants
to go forward with other options.”
Monserrate’s supporters liken the plan to “double jeopardy,”
and warn that pre-empting the review process authorized by Senate leaders
earlier this year could prompt a protracted legal battle.
“It’s a little disconcerting that there are certain senators
out there that would be inclined to expel him without hearing what
recommendations, factually and legally, are to be made by the Senate panel,” said
Chad Siegel, one of Monserrate’s lawyers. “Senator Monserrate has no desire to
just roll over and accept the finding that he should be expelled.”
Siegel added: “It’s something that we would contest.”
Monserrate, who initially said he would cooperate fully with
the Senate’s investigation, has not participated in the committee’s
fact-finding process. Lawyers for the Senate panel have sought his testimony,
but he and his counsel—as well as his girlfriend, Karla Giraldo—have declined.
Meanwhile, he and his supporters have begun to move
politically against Monserrate’s declared primary challenger, Assemblyman Jose
Peralta. Peralta’s supporters accuse Monserrate of planting a story in the
Daily News earlier this month that accused Peralta of steering hundreds of
thousands of dollars in earmarks toward a non-profit that does not exist. “This
has Monserrate’s fingerprints all over it,” one Peralta supporter said.
Otherwise, Monserrate’s camp has remained
uncharacteristically quiet through the Senate’s review process, negotiating
privately behind closed doors to secure the senator’s fate while anticipating several
more months of legal wrangling.
When asked if he would oppose efforts by his colleagues to expel Monserrate regardless of the committee’s recommendations, Sen. Ruben Diaz, Sr., an outspoken ally of Monserrate, said simply, “I wish them good luck.”















