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  • Home / Articles / City Hall Daily / City Hall Daily /  Senators Prepare to Expel Monserrate Regardless of Committee’s Findings
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    Monday, December 28,2009

    Senators Prepare to Expel Monserrate Regardless of Committee’s Findings

    As panel nears final report, Senate Democrats call Monserrate’s removal a “done deal,” potentially prompting legal challenge

    By Sal Gentile

    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.”

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