ALBANY -- Backroom politicking to plot a friend's demise, a midnight news leak that derailed a plan to save his job, and the anguish of replacing a mentor were all part of the secretive process that is expected to end the long reign of Assembly Speaker Sheldon Silver.
A dozen insiders recalled the debate, anger, tears and political opportunism that played out behind closed doors as Assembly Democrats devised a plan to remove Silver from his position and end his tenure as one of the most powerful political leaders in New York.
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THURSDAY, JAN. 22
For the 105 Assembly Democrats in the conference for whom Silver was leader, compromiser and public punching bag, the ordeal began with the federal complaint that charged the 70-year-old with taking millions of dollars in kickbacks and bribes in a corruption scheme.
"Silver illegally monetized his public position," U.S. Attorney Preet Bharara told reporters.
That morning, Assembly Democrats quickly huddled in the backroom where they would spend much time over six days. They emerged just after the federal charges became public.
"We have every confidence the Speaker is going to fulfill his role with distinction and the members of this conference were overwhelming in making that clear," said Assembly Majority Leader Joseph Morelle (D-Rochester).
But the sea change from overwhelming support to plotting Silver's demise began even before that public display -- forced by pressures that had received little notice before they triggered the effort to remove Silver from the leadership post he has held since 1994.
When Morelle announced "overwhelming" support for Silver to reporters, a couple dozen members crammed behind him. The rest of the 105-member conference didn't show up.
"It was by choice," said a Democrat who didn't attend the photo op organized by Morelle and other veteran leaders appointed by Silver.
The number of members serving in just their first couple of terms has grown to nearly 40 percent of the Democratic conference. They had no strong relationship or allegiance to Silver, and didn't owe him for any leadership post or stipend. Some of them resented what one member called having to beg for staff, movement on legislation, and even stationery as if they had to be "like an obedient child."
Instead, they stayed behind to read the federal charges against Silver, which were just being made public as the morning news conference got underway. Even Morelle said at the news conference that he hadn't read the federal complaint.
One longtime Assembly member called that event "a product of the old-timers saying they had to stand by their man. They were stunned, they couldn't believe it happened."
THE WEEKEND
During the weekend, more members read the details of the complaint, and many seethed. Silver's supporters, however, argued that Bharara's case was "flimsy" and noted that several speakers had been indicted -- and even convicted -- in the past 30 years, only to be later exonerated.
As the weekend telephone discussions continued, "It didn't matter if it's flimsy or not," an Assembly member said. "Preet is coming after him."
On Sunday evening, Silver gathered his top allies -- some who he has served with in the Assembly since the 1980s. They devised a proposal under which Silver would make the unheard-of offer of ceding some of duties to a group of five assemblymen. That would give him time to devote to his criminal defense without distracting from Assembly business.
The proposal would be offered Monday morning to the Democratic conference.
Then came the calls.
Reporters tipped to Silver's proposal began calling senior Assembly members at home for their reaction around midnight. For many, it was the first they heard of Silver's proposal. Some saw it first on Twitter. Soon the proposal would be derisively referred to in the media as the five-headed monster and a shadow government.
"Somehow it became five people putting it on the members, instead of asking them to accept it," said one member close to Silver.
"I heard about it around midnight Sunday night," said Assemb. Richard Gottfried (D-Manhattan), who has served in the chamber since 1970s, most of them as a friend of Silver. "I think the speaker's plan had been to present it to the conference on Monday, and nowadays once more than one person knows something, it's pretty quick for the world to know about it."
Blood was in the water.
The man who has for 20 years held absolute control on legislation, the chamber's state budget negotiations, appointments to lucrative leadership posts and who gets which office and how many paper clips, had finally showed weakness, an Assembly member said. After surviving sexual harassment scandals that stung the liberal Democratic conference back in their districts, this was their opportunity for change, another assemblyman said.
It was enough of a chance for Assembly Democrats to finally take a shot at toppling the man they publicly praised as an effective leader, while many privately complained about him for years for blocking their progress to powerful leadership posts, which come with higher pay, perks and a title that makes them a magnet for campaign contributions.
MONDAY
Between the weekend telephone conversations -- "My phone has been nonstop," one member said -- and the premature disclosure of Silver's deal, the tone of Monday morning's conference, which Silver attended, changed. Silver, banking on the public support just three days before, had expected to work out a temporary plan in which he would remain speaker. Next year, he would have set the record as the longest serving speaker in New York history, which has stood since 1959.
"He himself said that to allow members to talk freely, he would leave" the room, one Assembly member said. "It was a good move, and it was a little poignant."
"Half the room," including leaders of the women and Latino factions, complained that they first learned of the plan on Twitter, one member said. "It was very heated . . . a lot of people were saying, 'I'm going to get killed in my district over how this looks for us.' "
Silver's staunchest supporters wanted to make his departure temporary, in the event he beat the charges. "I think there were still some people trying to salvage this, like he could have the title, but not the power, for his sake," a member recalled.
Assemb. Joseph Lentol (D-Brooklyn) presented Silver's plan Monday morning and defended the friend he's known and worked with since the 1970s.
Lentol tried to dismiss the federal complaint as "a Christmas card" and baseless, noting past speakers were later exonerated of charges against them, recalled a member.
Lentol sought to make a case for Silver, telling reporters his continued role as speaker was still "tenable" and "I'm not sure" that the conference was divided.
At that time, however, the conference was in general agreement to urge Silver to resign, several members said.
"Lovingly they were saying 'Ask him,' but we can't wait for him," said the assemblyman close to Silver.
"It was extremely upsetting and somber" in the room, Gottfield said. "I think almost all of us felt really heartbroken."
Silver's plan, being portrayed in news reports as a last-ditch power play, did not gain much support in the conference, several Assembly members said.
"My concern was that not only did I think it was an impractical arrangement, but I also felt there needed to be a clean break -- hopefully temporary -- but a clean break," Gottfried said.
Outside the conference room, the pressure was on. Newspaper editorials, as well as back-channel maneuvering from people close to New York City Mayor Bill de Blasio and from special interests, called for Silver to be replaced. The topic dominated TV and radio, sometimes led by commentators who have long called for Silver's head.
"A lot of people were angry that outsiders were trying to make the decision. They said we don't want the city, we don't want the governor and we don't want the newspapers to do this," one member said.
Leaks from inside the room that were sent by text to reporters were a constant frustration. At one point members were threatened to stop or be expelled. A proposal was made to put all cellphones in a box, one member said.
"It was seeing all of you reporters everywhere," a Democratic Assembly member said. "We couldn't get anything done . . . It was not personal. He's our quarterback."
"There was no joy in doing this," the Democrat added.
Silver had, after all, started many of their political careers and served as an effective lightning rod for widespread animosity and anger aimed at the State Legislature, as has been evident in political polls, newspaper editorials and the platform of challengers for their jobs every two years.
"People came to the political realization," the Democrat said, that Silver had to go "just to move the house forward."
And they were already behind.
No regular business was conducted on the day Silver was arrested as well as Monday and Tuesday, and that cost the chamber more than a week as the March 31 deadline for approving a state budget deal draws near. Silver hadn't yet even announced committee assignments.
The Assembly was being leaned on heavily by unions and public school advocates because Gov. Andrew M. Cuomo this month made it clear his top priorities this year are tougher teacher evaluations and other school accountability measures.
Teachers unions, which have long helped to fund the Assembly Democrats' campaigns, were calling in their markers. More than in most years, education aid lobbyists couldn't rely on help from the new Republican Senate majority because unions backed Senate Democrats in the fall elections.
Silver's charges also released a residue of pent-up frustration from his orchestration of a secret $103,000 settlement in 2013 to end sexual harassment charges against one-time Brooklyn kingmaker Vito Lopez. Silver had expended considerable political capital to quell anger in his conference led by assemblywomen.
By Monday evening, the conference still hadn't gotten word from Silver about what he was going to do.
Morelle, whom Silver appointed majority leader, asked the speaker to step down voluntarily to avoid having his friends and colleagues expel him.
"He basically said, 'No,' " said the member close to Silver.
As Silver left his office, less than 100 feet from the conference room, around midnight Monday night, he told reporters: "I am the speaker . . . I'm standing and I'm going to be standing for a long time."
TUESDAY
By this time, Democrats knew that if Silver didn't resign, they would be forced to take away his speakership.
A complication arose in that Assembly rules would have to be changed to remove Silver and that motion would have to go through the Rules Committee, where Silver is chairman and can stop any measure. But ultimately, that change wasn't needed.
"The impression I had was that the speaker fully understood what had to happen," Gottfried said. "It would be understandable if he was reluctant to put it into words. But I think everyone understood what would happen."
The question then turned to how long Morelle, Silver's No. 2, would serve as interim speaker until a permanent speaker was chosen.
Silver's supporters had pushed for 90 days, or the end of the legislative session in June. That would give Morelle a major advantage to become ensconced in the job, and maybe leave an opening for a return to Silver should he be cleared of criminal charges. Morelle needed such help, because of the long-shot chance of an upstate member to run the Assembly dominated by New York City members. That hasn't happened since the 19th century.
Over the course of the day, however, that period was whittled down to 60 days, then to after the budget was adopted April 1, and ultimately to Feb. 10.
That evening, Morelle spoke to Silver again in his office. This time he came back with a response: Silver "will not impede the transition."
A standing, cheering ovation was loud enough to alert reporters on the other side of the room's closed door and cavernous hallway.
Morelle had spent most of 24 hours over two days holed up with his members as he tried to honor Silver, his benefactor and friend, do his job by facilitating a fair discussion, and tread carefully as a candidate to be the next speaker. He broke into tears.
Assemb. Jeffrion Aubry (D-Queens) went to Morelle and hugged him, as the applause thundered.
Moments later, the conference emerged from the room to announce the new plan that would replace the only speaker most of them had ever known. As one member put it: "It was basically the killing of a friend."
Morelle looked haggard and somber when he finally met with reporters just after 7 p.m.
"On Monday, there will be a vacancy in the office of the speaker," Morelle told reporters with most of the Democratic conference behind him, cheering him on. "The members will come on the floor, and we've set Feb. 10 for the election day of the speaker."
An hour later, Silver strode through the darkened Capitol halls engulfed by reporters.
"I will not hinder the process," Silver said. "I believe very deeply in the institution."
With Yancey Roy
