Monday, December 9, 2013

Exploiting NYC, NYS Campaign Finance Law Loopholes

PUBLISHED : MON, 09 DEC 2013, 10:21 AM
UPDATED : SUN, 06 APR 2014, 12:00 PM

Melissa Mark-Viverito and Carl Kruger exploit campaign finance loopholes

Former New York State Sen. Carl Kruger, who is currently imprisoned after having been convicted on federal bribery charges, is still receiving contributions to his New York State campaign finance account, reports The New York Daily News, adding, "Kruger, a Brooklyn Democrat, is one of dozens of former - and even deceased - lawmakers who still maintain active campaign accounts. He has spent more than $200,000 from his account since heading off to prison, most of which was used to pay his lawyers. His account still had a $415,753 balance as of his most recent filing in July."

A series of editorials by the Editorial Board of the same newspaper slammed City Council speaker candidate Melissa Mark-Viverito for first circumventing city campaign finance laws and then for exploiting loopholes in the state's campaign finance laws.

"Mark-Viverito has opened a campaign account under state regulations. She is apparently accepting contributions and apparently paying different consultants to advance her cause. Who’s giving her money and who’s getting her money will not be disclosed until after the speaker’s contest is settled," the Editorial Board wrote in the second editorial, noting, "At the same time, hopefuls Dan Garodnick of Manhattan and Mark Weprin of Queens are dipping into campaign accounts to give tens of thousands of dollars to fellow councilmembers and party organizations," before concluding, "None of this is acceptable."

Eleanor Randolph is disappointed that the Moreland Commission didn't do more to report on the pay-to-play corruption in New York politics.

Eleanor Randolph, appearing on The New York Times Close-Up on NY1 photo Eleanor-Randolph-The-New-York-Times-IMG_5319_zps42b52e22.jpg

Last week-end, Eleanor Randolph appeared in the roundtable segment of The New York Times Close-up on NY1, and she expressed annoyance that the Moreland Commission didn't do the kind of investigation typically reserved for journalists. Forgetting that she is an editor of the newspaper of record, namely, The New York Times, Ms. Randolph overlooked her own role in being able to expose pay-to-play corruption and corralling public opinion to demand campaign finance reforms. Instead, Ms. Randolph expected the Moreland Commission to do her job for her, for example, she complained that the commission didn't "name any names." Ms. Randolph, as an editor of The NYTimes, can assign investigative reporters to examine, for example, the corruptive influence of money in politics playing out right now in the New York City Council speaker's race. But she has not.

One of the main concerns over the conditions of the current Council speaker's race, where lobbyists are seemingly allowed to provide free or discounted campaign services to politicians, is that politicians become indebted to these same lobbyists, creating a conflict of interest where politicians then must return favors to these lobbyists. Campaign reform activists complain that favor-trading like this is a form of pay-to-play politics, because politicians are receiving campaign and lobbying services that they either cannot afford or that exceed or violate campaign finance caps or regulations.

Thus far, only one article has been published by The NYTimes, namely "In Campaign, Cash Flowed Circuitously" by Michael Powell, even though The New York Observer, Crains Insider, Capital New York, The New York Daily News, and most notably True News From Change NYC have been examining in depth the role of one influence-peddler, Scott Levenson, in some shady backroom machinations, including his role in selecting the next Council speaker.

Two weeks prior on The New York Times Close-up, Ms. Randolph acknowledged that the campaign to determine the next Council speaker was an "insider race" where the public had no role, but The NYTimes has not reported to what degree that "insider race" is creating the same pay-to-play culture of corruption, which Ms. Randolph takes to television to denounce. She herself is enabling the lack of transparency, untimely public disclosure, and exploitation of campaign finance loopholes.

Federal prosecutors are depending on investigative journalism to help expose corruption, but journalists are relying on the government to police itself.

Preet Bharara - The Only Policeman In New York State photo Preet-Bharara-dbpix-henning-tmagArticle-NYTimes_zpsaf6e1719.jpg

Preet Bharara : New Media Will End NYC's Journalism of Sheep. In testimony before the Moreland Commission, Mr. Bharara lamented the loss of investigative journalists, but he put high hopes on new outlets and revived old media. * U.S. Attorney To Commission : Political Corruption Is Out Of Hand In New York State (CBS New York) :

To repeat a longstanding lament, investigative journalists have become a dying breed, although there are still a few extraordinary practitioners, some of whom are here tonight. With each press outlet that closes or downsizes, opportunities to ferret out fraud and waste and abuse are lost.

And that is too bad because, as Edward R. Murrow once observed, 'A nation of sheep will beget a government of wolves.'

But maybe the thinning ranks of investigative journalists will be fortified :

Maybe Politico’s purchase of Capital New York and its planned infusion of staff and resources will mean more Albany muckraking.

Maybe Jeff Bezos’s purchase of the Washington Post and his reported interest in rejuvenating a storied history of eye-popping investigations will prove contagious.

And maybe fresh news outlets like BuzzFeed whose editors are said to be bent on doubling down on political investigations will provide grist for Commissions like this one.

We shall see.

See Also : Preet Bharara hopes for more muckraking in Albany


One week after our original post, Eleanor Randolph announced her resignation from the Editorial Board of The New York Times.

(Updated : Tuesday 17 Dec 2013 16:06)

Sunday, December 8, 2013

Mark-Viverito, Garodnick, Weprin Skirting Campaign Finance Law, Ethics

Update ! Melissa Mark-Viverito Lobbyist Firm Never Quit, Continued Lobbying Despite Investigations (Mise à jour : samedi 21 déc. 2013 14:45)

Melissa Mark-Viverito is not alone in skirting ethical edge in race for speaker.

Scott Levenson, Melissa Mark-Viverito, Daniel Garodnick, Mark Weprin : Call the ethics cops : Running for speaker in a race without rules

From the Editorial Board of The New York Daily News : Call the ethics cops : Running for speaker in a race without rules :

Would-be Council Speaker Melissa Mark-Viverito has stopped accepting freebie consulting services from a lobbyist whose clients would come begging to her as boss of the municipal legislature. Well, duh.

Mark-Viverito had to distance herself from influence-trader Scott Levenson as she seeks to rise from councilmember representing East Harlem and parts of the Bronx to the city’s second most powerful post. Her coziness with Levenson put Mark-Viverito on the wrong side of ethics rules, demands investigation by the Conflicts of Interest Board and should rule her out of consideration for speaker.

Meanwhile, Mark-Viverito and competitors are playing money games in the race for the speakership. There’s no public election for this job. Guided by Democratic county leaders, the Council will vote one of its members into the position. It’s an insiders’ play — one not fully covered by the city’s campaign finance rules.

Mark-Viverito has opened a campaign account under state regulations. She is apparently accepting contributions and apparently paying different consultants to advance her cause. Who’s giving her money and who’s getting her money will not be disclosed until after the speaker’s contest is settled.

At the same time, hopefuls Dan Garodnick of Manhattan and Mark Weprin of Queens are dipping into campaign accounts to give tens of thousands of dollars to fellow councilmembers and party organizations.

None of this is acceptable.

Saturday, December 7, 2013

Bill Bratton Stop and Frisk Protest Monday

The Two Tales Of The Two Bills

There are two stories that the two Bills are telling.

The first Bill (de Blasio) started out saying that he would put an end to the "stop-and-frisk era" during the mayoral campaign, but now the story that de Blasio is telling is that stop-and-frisk is a valid police tactic, in spite of the racial profiling, false arrests, and ruined lives it causes.

The second Bill (Bratton) was the grand-daddy of stop-and-frisk in New York City, under General Rudolph Giuliani, and Bratton has been saying on MSNBC how the police have to do stop-and-frisk, no matter what, but now this week-end Bratton was chauffeured over to Rev. Al Sharpton's, where Bratton said that, “Your police force will be respectful," adding, "It will practice what Mandela preached.”

Somebody on Twitter tweeted, "DeBlasio rode a wave of support generated by civil rights & racial justice activists for whom Bratton is a slap in the face. Painful to see."

Well, activists are now planning a protest Monday night against the two tales of the two Bills.

FOIA Appeal Update Regarding the DOJ's ''vindictive prosecution'' of Lt. Daniel Choi

FOIA Appeal asks if the "DOJ is taking an uncooperative stance"

Yesterday, the law firm of Willkie Farr & Gallagher LLP filed an appeal with the U.S. Department of Justice, requesting that the DOJ respond to this appeal within 20 business days. This appeal was filed following the constructive denial by the DOJ to the Freedom of Information Act request, dated April 30, 2013, seeking various categories of "records pertaining to the prosecution of Lt. Daniel Choi."

Scribd Link to FOIA Appeal : 2013-12-06 Lt Daniel Choi FOIA Appeal - Willkie Farr & Gallagher LLP - Flores Louis

According to the appeal, the DOJ presents the notion that it refuses to comply with the FOIA request. "[T]he DOJ has done nothing at all to respond to the Request other than to tell Mr. Flores that, due to the agency's own internal limitations on resources and staff, it is having difficulty processing the numerous FOIA requests that the DOJ receives. Such an excuse is not an acceptable one under the FOIA, and the DOJ is not permitted to avoid its FOIA obligations due to an internal burden of its own making," noting that, "Given the DOJ's conduct in connection with the Request, we are left with the impression that the DOJ is taking an uncooperative stance, is not exercising due diligence in responding to the Request, or both."

Scribd Link to Original FOIA Request : 2013-04-30 Lt Daniel Choi DOJ FOIA Request Louis Flores

Prior YouTube Video Links :

Lt. Choi was the visible hero in the activism campaign to build public pressure on the federal government to repeal the U.S. military's former discriminatory policy known as "Don't Ask, Don't Tell." Federal prosecutors have been engaged in a "vindictive prosecution" of Lt. Choi, even though Lt. Choi was merely employing activism for social justice to end discrimination, which the U.S. Congress and President Barack Obama later rightly acknowledged by repealing DADT.

The FOIA appeal is being handled by a team of lawyers, including Thomas Golden, a partner at Willkie Farr, who has a remarkable record on FOIA matters. As outside counsel to Bloomberg LP, Mr. Golden successfully litigated a FOIA case against the Federal Reserve a few years back, demanding an "unprecedented level of detail about its discount window lending during the financial crisis."

See : Fed's Court-Ordered Transparency Shows Americans ''Have a Right to Know''

See Also : Fed's Once-Secret Data Compiled by Bloomberg Released to Public

The DOJ's response is due before mid-January. As soon as I have an update, I will share that information with you. All information and records obtained from this FOIA request and appeal will be publicly posted on Scribd for everybody to access. If you support free information, the importance of upholding FOIA, the activism of Lt. Choi, and the work of bloggers, please share the link to the FOIA appeal on social media.

2013-12-06 Lt Daniel Choi FOIA Appeal - Willkie Farr & Gallagher LLP - Flores Louis by Connaissable

Corruption Runs Rampant In New York, Meanwhile, Cy Vance, Well, Cy Vance Dirty DA

The media is shocked, shocked!! that there's corruption going on. Meanwhile, the media does't investigate it, in order to expose it. When bloggers point out corruption, the media responds with snarky condescension. The media also fails to hold accountable the do-nothing Manhattan district attorney, Cy Vance.

Friday, December 6, 2013

HuffPost : Dogs Terrified Of Walking Past Cats, A Dramatic Compilation

Territorial cats terrorize dogs. Watch this funny video compilation posted on The Huffington Post.


WATCH ON DROPBOX : Bill de Blasio Bill Bratton Stop and Frisk Hypocrisy

Did Bill de Blasio put up his son Dante to lie to voters about ending the "stop-and-frisk era" ?

Did Bill de Blasio put up his son Dante to lie to voters about ending the stop-and-frisk era ?

After Bill de Blasio barely won the Democratic primary with about 40 percent of the vote, top aide to Christine Quinn complained about a controversial TV advertisement broadcast by the de Blasio campaign, featuring his son, Dante.

"That ad killed us," the Quinn aide groused, anonymously, to The Daily Beast.

“He’s the only Democrat with the guts to really break from the Bloomberg years,” Dante promised in the TV commercial, adding, "And he is the only one who will end a stop-and-frisk era that unfairly targets people of color."

VIDEO LINK : https://www.dropbox.com/s/c7gqg06t9h2wb4n/Bill-de-Blasio-Stop-and-Frisk-Deception.m4v

The controversial de Blasio campaign ad featuring his son, Dante, was widely reported to be one factor that helped his campaign surge following the implosions of the Quinn and Anthony Weiner campaigns. But now that de Blasio has appointed Bill Bratton to become the next NYPD commish, critics question the promises made by de Blasio -- and his son -- that de Blasio would end the "stop-and-frisk era."

Bratton shot up to fame by driving down crime based on his "reliance on 'stop-and-frisk,' in which officers detain individuals they deem to be suspicious and search them for guns, and which has been linked to racial profiling by critics," reported KQED News.

Wednesday, December 4, 2013

Obama Administration Denying FOIA Request Violates Free Speech

See New Advisory : FOIA Appeal Update Regarding the DOJ's ''vindictive prosecution'' of Lt. Daniel Choi (7 Dec 2013)

Free Speech Implications of DOJ Denying FOIA Request on Lt. Daniel Choi

As of today, I've not yet received any written response from the Department of Justice to the request filed under the Freedom of Information Act. The request, dated April 30, 2013, requested information pertaining to the government's vindictive prosecution of "Don't Act, Don't Tell" repeal hero, Lt. Daniel Choi.

Speech critical of the government, for example, political speech, is a freedom provided as a protection in the First Amendment. The First Amendment also includes a right to peacefully assemble and a right to petition the government for a redress of grievances. These rights are protections enshrined in the Bill of Rights. These are guarantees made to us by the U.S. government.

The very idea of a republic implies rights conveyed to citizens to meet and consult one another, and to petition their government, if they so choose. How can citizens exercise their rights to free speech, to assemble, and to petition, when the government restricts, delays, or prevents the sharing of information necessary for our citizen activities ? Our guarantees to free speech are being diminished, shortened, and constricted by conditions created by denying Freedom of Information Act (FOIA) requests.

Separate from any rights under freedom of the press, afforded to me as a blogger, there originates my right to free speech as a citizen. How can one review, consult, and comment on the functions and actions of one's own government, if one is denied information ?

Refusing to honor FOIA requests prevents us from forming complete thoughts and speech, in this case, speech that may be critical of the government. Denying FOIA requests denies citizens their rights to freely and completely speak, to fully consult with other citizens, to peacefully and meaningfully assemble, and to petition the government, if necessary, for a redress of grievances. Thwarting information violates our rights, protections, and guarantees, in accordance with the design of our republic. This is what is at stake when the government refuses to honor requests filed under the Freedom of Information Act.

The implications of restricting information to the detriment of our right to free speech, are not limited to me or to the readers of this blog, but to every citizen.

WNYC Is Looking For Help To Crack a Case of Albany Corruption

The $3 Million Mystery Medical Care Center

The WNYC reporters John Keefe and Andrea Bernstein are asking for the public's help to identify a medical care center in New York City, which has received $3 million in taxpayer money, but, which, according to the Moreland Commission's report on corruption, has few, if any, patients.

One may recall that the urgent care center operated by North Shore-LIJ/Lenox Hill Hospital in Chelsea was supposed to have received taxpayer money. But according to YELP, that urgent care center appears to now be closed.

Could this be the mysterious facility that has received millions in taxpayer money in exchange for providing nonexistent medical care services to the community ?

Stay tuned.

North Shore LIJ Medical Group - CLOSED - Chelsea - Manhattan, NY

Intentionally Deceptive Advertising ?

Another urgent care center, which North Shore-LIJ/Lenox Hill Hospital plan to operate near the $1 billion Rudin luxury condominium complex, is now being labeled as a "hospital," even though it does not have the facilities, medical specializations, or certifications to treat heart attack patients, according to New York City EMS Chief Abdo Nahmod.

Donate Your Twitter Account to : Stop New York Medicaid Redesign Team

Donate Your Twitter Account to : Stop New York Medicaid Redesign Team

Tuesday, December 3, 2013

Mark-Viverito Fires The Advance Group ; Has Scott Levenson Become Radioactive ?

Scott Levenson and Melissa Mark-Viverito photo Scott-Levenson-Melissa-Mark-Viverito_zps79ef0787.jpg

Efforts to distance Mark-Viverito from The Advance Group are seen to thwart the Campaign Finance Board and the Conflicts of Interest Board, says source

Proponents of campaign finance reform have faced difficulty in trying to restrict the corruptive influence of money in politics. Look at what is happening right here, right now.

Yesterday, the Campaign Finance Board (CFB) made public several disclosures of contributions and expenditures for the period including immediately following Election Day. However, those reports were immediately shown to be inaccurate, because at least one report does not capture the financial activities involving the Council speaker race. How can the Campaign Finance Board accept and produce reports of Council speaker candidate Melissa Mark-Viverito when the CFB knows full well that her reports are incomplete, disingenuous, and misrepresentative of the actual contributions to her political campaigning ?

After allegations of campaign finance controversies in this year's Council speaker race and anti-LGBT discrimination by prominent political consultant/lobbyist Scott Levenson, Councilmember Melissa Mark-Viverito informed Politicker reporter Ross Barkan that she has ceased receiving any political advice and lobbying services from Mr. Levenson and his firm, The Advance Group. But simply firing Mr. Levenson doesn't cure Ms. Mark-Viverito's misrepresentative CFB reporting.

Mr. Levenson's controversial provision of undeclared in-kind campaign contributions to Ms. Mark-Viverito's speakership campaign is coming under heavy scrutiny, now that the Campaign Finance Board is said to be investigating this shady arrangement.

But Mr. Levenson is not alone in providing undeclared contributions to several political candidates. Ealier this summer, it was reported that the political consultant/lobbyist Stanley Schlein has been providing free services to political candidates. Lobbyists can curry favor with politicians for themselves and for their clients when they provide "free services," and political candidates gain unfair advantages of receiving valuable consulting and lobbying services that are unavailable to other candidates, who do stupid things, like naively observe the caps on regulated campaign contributions. (What's a campaign debt between friends ? * The New York Times)

Nor is Mr. Levenson the sole lobbyist doing work on behalf of Ms. Mark-Viverito's speakership campaign, where there remains no transparency about lobbyist payments, campaign contributions, or applicable campaign finance, conflict of interest, and lobbyist regulations or restrictions. Ms. Mark-Viverito is or has also been represented by the consulting/lobbying firms of Pitta Bishop Del Giorno and the Mirram Group, according to Crains Insider. And since Ms. Mark-Viverito has reportedly fired Mr. Levenson, in his place she has retained two more political operatives : Jon Paul Lupo and Amelia Adams, again according to Crains Insider.

No improvements in disclosure or reporting in the age of Citizens United and run-away lobbyists : Show me the money !

How are all these consultants being paid, and where is the money coming from that is paying these consultants ?

Meanwhile, the growing scandal and controversy engulfing the speakership race, which includes the Editorial Board of The New York Daily News openly calling for Ms. Mark-Viverito's disqualification over the questionable ethics and campaign finance violations, has thus far led to no deeper examination of the corruptive role of campaign consultants, who double as lobbyists, in our democracy.

At each step of the way, no good-government groups are willing to come forward to demand real reforms from all of these supposedly "progressive" politicians, nor is the media looking at the role of big business or special interest lobbyists in the campaigns of other Council speaker candidates, Mark Weprin and Daniel Garodnick. Democracy's been derailed, and the media's been found to be asleep at the switch as the speeding train of money in politics is about to take the dangerous curve in the tracks caused by Citizens United and out-of-control lobbyists. What happened to voters' rights to not be deceived by the corruptive influence of money in politics ?

Still left unanswered is whether Mr. Levenson has become so radioactive that Mayor-elect Bill de Blasio will skip the NYCLASS fundraiser set for tomorrow.

Blinders-Anti-Quinn-Activists-Ignore-Rampant-Campaign-Finance-Violations photo Blinders-Campaign-Finance-Violations_zps838f4ae4.jpg

What happened to all those activists, who protested against Christine Quinn's troubled and corrupt mayoral campaign under the guise of demanding reforms ? Judging by how those activists are keeping silent while scandal and controversy engulf this year's speakership race, those activists must be wearing blinders.

When reform activists demand campaign finance reform and call for the corruptive influence of money in politics be ended, exactly who do reform activists believe will deliver these reforms, progressives or conservatives ? Realistically, it would be our allies on the left, who should deliver these reforms. Hence, when will liberal, progressive, or leftist politicians deliver these reforms ? Or do we put on blinders while the new progressive-in-name-only ("PINO") administration in-waiting exploits campaign finance loopholes in a power grab that differs none from what we would naturally expect that conservatives would orchestrate ?

Monday, December 2, 2013

The Anti-LGBT Attacks By Scott Levenson, Alec Baldwin

LGBT groups refused to accept anti-gay attacks from Alec Baldwin. How about from Scott Levenson ?

Scott-Levenson-Alec-Baldwin-Sean-Fieler-Bishop-Joseph-Mattera photo Scott-Levenson-Alec-Baldwin-Sean-Fieler-Bishop-Joseph-Mattera_zps571bdce8.jpg

LGBT groups must come together to address the anti-LGBT campaign work of Scott Levenson. Levenson is a political campaign consultant and lobbyist, who was paid by the conservative City Action Coalition PAC to defeat several LGBT City Council candidates solely because of their identity. One of Levenson's attack ads, against gay Bronx Councilmember-elect Ritchie Torres, was featured in a post on The Village Voice.

The attack ad sent by Levenson criticized Torres for, among other things, living in affordable housing normally reserved for "homeless and mentally ill people," casting negative implications on Torres's character. This raises serious questions as to whether Levenson supports prejudice and discrimination.

As we continue our work for equal civil rights laws and new cultural norms of equality and dignity, the discriminatory actions of Baldwin and Levenson will occur less and less. But only if we continue to speak up and demand that these forms of prejudices must end.

Will notable LGBT advocacy groups, like HRC, GLAAD, and the Empire State Pride Agenda, as well as notable LGBT bloggers, denounce Levenson for the prejudice in his anti-LGBT campaign work ? Balwin was the anchor of a weekly cable news program, but Levenson is a political operative, shaping the outcome of elections in New York. Will LGBT advocates note Levenson's possibly larger detriment to LGBT equality ?

Sunday, December 1, 2013

Did Waves of Hospital Closings Impact Metro-North Derailment Passenger Emergency Trauma Treatment ?

From the Demand A Hospital list serve :


From:  Demand A Hospital <demandahospital@gmail.com>
Subject:  Corrected : Metro-North Derailment Injured Skip Nearer Level 1 Trauma Center
Date:  1 décembre 2013 20:19:14 UTC-05:00
To:  Demand A Hospital <demandahospital@gmail.com>

Corrected : 

Due to corrupt HTML code from the Newsday Web site, we are transmitting our prior e-mail in unformatted text.  Plus, we clarified the subject line.  

We apologize for the confusion.


- - - - - - - - - - - - 

Dear All :

Today was a sad day, following the tragic Metro-North train derailment in the Bronx.

For unexplained reasons, the Metro-North passengers injured today were dispersed amongst far-flung city hospitals, including Elmhurst Hospital Center, a Level I trauma center 13 miles away in Queens, even though St. Luke's/Roosevelt Hospital in Morningside Heights in Manhattan is less than 7 miles away.  

Following the wave of hospital closings under the Berger Commission, the Medicaid Redesign Team, and Superstorm Sandy, the capacity of New York City hospitals to handle mass trauma events remains in question.  

The following news report from Newsday indicates that some passengers have already been discharged after receiving emergency medical treatment, but many others remain hospitalized in critical condition.  Because time is of the essence when treating trauma patients, it's not yet known why some passengers were transported over longer distances, unnecessarily extending the time until some passengers received trauma care.

As we mourn the passengers, who died today, and as we wish those injured a speedy recovery, let's hope that city and state health officials recommit to the need to maintain capacity in our city and state hospital system for emergencies and accidents, especially mass events like this derailment.

Tonight, our thoughts are with the Metro-North passengers and their friends and families.  We owe it to each other to have a hospital system that maintains the necessary capacity and specialized medical staff to timely provide specialized Level I trauma care.



List of Level I Trauma Centers : http://www.health.ny.gov/professionals/ems/trauma2.htm

Newsday article link :  http://www.newsday.com/news/new-york/ntsb-on-scene-to-probe-fatal-metro-north-derailment-1.6521318


NTSB on scene to probe fatal Metro-North derailment
Originally published: December 1, 2013 8:32 AM
Updated: December 1, 2013 7:06 PM

By JENNIFER BARRIOS, EMILY NGO AND ALFONSO A. CASTILLO jennifer.barrios@newsday.com,emily.ngo@newsday.com,alfonso.castillo@newsday.com

Investigators are trying to determine what caused a Metro-North passenger train to jump off the rails on Sunday morning, killing four people, while on an area of track that New York's governor called "dangerous."

The National Transportation Safety Board began its investigation Sunday at the scene of the derailment, about 100 feet north of the Spuyten Duyvil station on the Hudson Line.

More than 100 passengers were on the train, and FDNY reported at least 67 victims, including four killed, 11 critically injured and six with serious injuries. Five NYPD officers on the train commuting to work were among the injured, sources said.

A source in law enforcement said the train operator told first responders that he had applied the brakes but that they did not work. However, authorities have not corroborated that as of yet.

However, Russ Quimby, a rail safety consultant and former member of the National Transportation Safety Board, said train brakes are usually designed with a failsafe and if they malfunction, the train is designed to come to a stop.

The law enforcement source also said speed may have been a factor.

The seven-car train derailed at about 7:20 a.m., according to MTA spokesman Aaron Donovan.

Three men and one woman were killed, the MTA said.

Crews will use a crane to lift up the overturned cars Sunday night to search "for any further fatalities" and to avoid further fuel spills, National Transportation Safety Board member Earl Weener said during a briefing at the scene. Gov. Andrew M. Cuomo had said earlier he believed all passengers had been accounted for on Sunday.

Weener said a "multidisciplinary team" will meet Sunday night to form sub-teams to examine the point of derailment, the train signal system, mechanical equipment, data from event recorders, maintenance and personnel records and survival factors.

Weener said the team will document the condition of all the cars before turning the equipment back over to Metro-North. It also will interview the derailed train's personnel.

"Our mission is to understand not just what happened but why it happened, with the intent of preventing it from happening again," Weener said.

He said the NTSB already had downloaded information from the train's data recorder, which contains information about the train's operation at the time of the derailment.

Cuomo said track repairs will only begin after the NTSB finishes its investigation, which will take a week to 10 days.

"Tomorrow, I think it's fair to say, commuters should plan on a long commute," Cuomo said.

The derailed train, which was being pushed from the rear by a diesel locomotive, had been headed from Poughkeepsie to Grand Central Terminal in Manhattan when it tumbled from the tracks on a sharp curve near where the Hudson River meets the Harlem River.

"That's a dangerous area of the track, just by design," Cuomo told CNN on Sunday. "That's a difficult area of the track, but that doesn't explain the crash, either."

But he added later: "It can't just be the curve."

Trains are supposed to reduce their speed to 30 mph at that spot, according to the MTA. Before that point, trains can travel as fast as 70 mph.

Cuomo said people were ejected from the train because the front and rear doors opened.

As the trains slid along the ground on their sides, he said, the train cars "were picking up rocks and dirt, tree limbs, debris."

Late Sunday, emergency workers continued to work by floodlight among the cars, which still lay on their sides or listed dangerously along the river, as emergency boats floated in the water and emergency vehicles sat with lights flashing.

Bodies of the dead and the injured had been carried out on stretchers, and no passengers remained aboard late Sunday, but a ladder used to access the train was left leaning against the second car.

Dozens of uniformed police officers, firefighters and other first responders were still on the scene, some directing car traffic away from the area.

Maria Herbert was aboard the derailed train, working as an assistant trainman, said her husband, William Herbert, 53, of upstate Wallkill.

Herbert said his wife called him minutes after the event, injured and sounding like she couldn't breathe.

"Thank God she's alive," he said. "If that train went into the water, it would have been worse. I think God stopped the train."

Herbert, who said he worked in the maintenance department of the MTA for 25 years, said he and his wife had often discussed maintenance issues on the curve where the train derailed on Sunday.

"She had been fearful about that area," Herbert said. "That curve is very sharp and that rail wears away."

FDNY Chief of Department Edward Kilduff said that three of the four people who died were found by first responders outside the train, and one was inside. All of the fatalities were from cars that had flipped onto their sides. Most of those injured had suffered blunt trauma, Kilduff said.

Rescuers had to cut open cars and use air bags to lift them off one or two people who were trapped underneath, Kilduff said.

Kilduff said the terrain posed a challenge to rescuers, some of whom had to carry their equipment to the area. "The stability of the cars was also a serious challenge," he said.

NYPD Commissioner Ray Kelly said the train's engineer was at a hospital in stable condition. "He's banged up, but conscious and alert," Kelly said at a news conference.

Media reports indicated the engineer was a 20-year veteran of the MTA and had made a statement to investigators.

Officials estimated more than 100 people were on the train -- much fewer than would have been riding during a workday.

If the train had been fully occupied, said FDNY Commissioner Salvatore J. Cassano, it would have been a tremendous disaster.

MTA board member Charles Moerdler described the scene as "dreadful, awful, chaotic."

"There were rail cars scattered all over the place, plus an engine, and hundreds of rescue workers -- fire, police and voluntary ambulance -- working feverishly together with canines," said Moerdler, who noted that the train came off the tracks along a "treacherous curve" and in an area where leaves are known to fall on tracks, making for dangerous, slippery rail conditions.

Quimby, a rail safety consultant who worked for 22 years as an NTSB crash investigator, said the curvature of the rail, and the speed at which the train traveled, would be among several factors examined in the NTSB probe.

He said curved rail can be susceptible to derailments because the centrifugal force of a train when it comes through a turn can, over time, gradually cause rails to separate from each other.

The group would likely be headed by a doctor of psychology who would examine any factors that could have taken the engineer's attention away from his job, including fatigue that could have caused him to "nod off," mobile devices, or drugs or alcohol. The engineer would give blood and urine samples for toxicological testing, he said.

Quimby said a type of event recorder that is standard on most commuter trains would likely provide answers to how fast it was moving when it derailed, and whether brakes were applied. He said he has never seen an instance of brake failure causing a commuter train to derail, because brake systems are generally designed with failsafes. If the brakes malfunction, a train automatically will come to a stop, he said.

Anthony Botallico, general chairman of the Association of Commuter Rail Employees -- the union representing Metro-North engineers and conductors -- said several train crew members were injured, as well as "extremely upset and traumatized."

"It's just a terrible tragedy, man," Botallico said. "My thoughts and prayers are going out to the family members and everybody who was killed. It's something that we're all feeling really hard right now."

The injured were taken to St. Barnabas Hospital, Montefiore Medical Center, Lincoln Medical and Mental Health Center and Jacobi Medical Center in the Bronx, New York-Presbyterian Hospital in Manhattan, and Elmhurst Hospital Center in Queens, authorities said.

Spokesman Steve Clark at St. Barnabas said 10 people were admitted to the hospital to stay overnight. So far, two have been officially discharged from the hospital. One is a 14-year-old boy who was traveling with his father and the other is a man in his mid 20s. Clark said many of the people who are staying are not critically injured except for two: a 43-year-old man with a spinal cord injury and a 21-year-old woman with a leg fracture.

A woman named Maria Ojito stopped by the hospital and told reporters she was a family friend of the 43 year-old man who suffered spinal cord injuries. She said his name is Samuel Rivera, Sr. and he had a son, also named Samuel Rivera, who was the 14 year-old boy who was released earlier, both from Ossining, NY. She said the two were headed into the city but she is not sure for what and the father was undergoing surgery right now and had been for ten hours as of 6 p.m. She said the elder Rivera worked for MTA but not sure doing what but that he was not in duty.

She said the family is "devastated" by the news.

New York-Presbyterian received a total of 17 patients, 14 of which were received at the emergency department, according to a release. Of the 14, four were critical and 10 were noncritical, the release said.

Jacobi Medical Center received 13 patients, all in stable condition. Several have since been discharged, according to a statement released by the hospital.

Kelly was scheduled to visit the five injured officers in the hospital. At least one -- a female officer who suffered fractured ribs and other injuries -- was at St. Barnabas Hospital.

Officials said at news conferences they don't believe any of those passengers who were seriously injured will die.

Those looking to check on the status of family members were asked to call the city's 311 information line, while those outside of New York City could access the city's 311 system by calling 212-639-9675.

A family center staffed by Red Cross and officials from the MTA was set up at John F. Kennedy High School in the Bronx.

Unlike air disasters, where authorities have complete passenger lists, there was no such list of who was on the Metro-North commuter train.

Politicians issued statements on the tragedy, including Mayor-elect Bill de Blasio, who said he was in contact with Kelly and was monitoring the situation.

A representative for Mayor Michael Bloomberg did not respond to a request for his whereabouts.

The White House issued a statement on Sunday, saying President Barack Obama had been briefed about the derailment and that his thoughts and prayers were with the friends and families of the victims.

Cuomo said Amtrak service between New York and Albany was resumed later Sunday.

Trains were moving through the derailment area at restricted speed, but service on the Hudson Line was suspended in both directions between Tarrytown and Grand Central on Sunday.

The Spuyten Duyvil station is off Edsall Avenue near Johnson Avenue in the Bronx, about 11 miles from Grand Central Terminal. The Henry Hudson Parkway passes over the area.

The derailment is the third major event to occur on Metro-North tracks in 2013 -- a year that has MTA officials have acknowledged has included a higher than normal number of safety-related incidents for its commuter railroads. In May, a Metro-North train derailed in Bridgeport, Conn, injuring 76 people. Less than two weeks later, a Metro-North train killed a track worker in West Haven, Conn.

And in July, a freight train derailed near the same location as Sunday's event.

With Maria Alvarez, Alfonso A. Castillo, Anthony M. DeStefano, Kevin Deutsch, Rita Deutsch, Tania Lopez, Ivan Pereira, David M. Schwartz, Nicholas Spangler, Andrei Berman and The Associated Press

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Media Pushing Back Against Obama Censorship and Propagandizing White House Communications

Reporter Bob Franken Blasts Obama on MSNBC: ‘Most Hostile’ to Press ‘in U.S. History’

Earlier today on MSNBC, during a segment moderated by anchor T.J. Holmes, the seasoned journalist Bob Franken described the Obama administration's efforts to control the media as the "most hostile to the media that has been in United States history."

This is not surprising.

Dana Milbank, from The Washington Post, spoke about a report published last week in which Mr. Milbank asserted that President Barack Obama is propagandizing White House communications.

Meanwhile, Amy Holmes said that the White House was trying to censor the media. She pointed out that Jay Carney had a media background, and now that he was the White House press secretary, he should know better about White House efforts to only get "happy talk" reported by the media.

Mr. Milbank pointed out that President Obama made promises of "new transparency." Instead, Mr. Milbank said that the Obama White House is now prosecuting reporters under the Espionage Act.

You can see the Obama administration's clamping down on the First Amendment in how it refuses to honor the Freedom of Information Act request filed in the case of "Don't Ask, Don't Tell" hero Lt. Daniel Choi.

Read more : Reporter Bob Franken Blasts Obama on MSNBC: ‘Most Hostile’ to Press ‘in U.S. History’

Metro-North Train Derails At Spuyten Duyvil

All seven cars of a south-bound Metro-North Train derailed early Sunday morning at the Spuyten Duyvil Metro-North Railroad station. This station serves the residents of the Bronx, and the derailed train served the Hudson Line of Metro-North.

Four people are reported to have died as a result of the derailment, and dozens are reported to be injured, The New York Post is reporting, adding, "The train originated out of Poughkeepsie, departing at 5:54 a.m. and was scheduled to arrive into Grand Central Terminal at 7:43 a.m., officials said. The cars were being pushed south by a locomotive."

Injuries have been reported. Reportedly, Gov. Andrew Cuomo is en route to the scene.