Vito Lopez declared war Tuesday on Assembly Speaker Sheldon Silver.
A day after Silver called on the powerful Brooklyn party boss to resign amid a sexual harassment scandal, a defiant Lopez blasted out an all-caps statement trashing his detractors for “destroying my credibility and election options” and vowing not to be railroaded from office.
“I WILL NOT CAPITULATE TO THOSE SELF-SERVING TACTICS AND DEMANDS,” Lopez said in his statement without mentioning Silver by name.
On Monday, Silver, who admitted authorizing a secret $135,000 settlement for two former Lopez female staffers who claimed they were sexually harassed, vowed to do all he could to pressure Lopez to resign.
The speaker said he called Lopez on Friday to asked him to relinquish the Assembly seat he’s held for nearly 30 years — but Lopez says he has no intention of going away quietly.
The hot-tempered party boss is known for playing hardball, and he made it clear the game is on with Silver, his former ally.
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Operatives with ties to Lopez reminded reporters Tuesday that Lopez still has a strong following in certain segments of his 53rd Assembly District in Brooklyn — while threatening to go after Silver’s reputation.
Lopez, who stands accused by his Assembly colleagues of sexual harassment and is the subject of a criminal probe, said he’s the victim of a political smear campaign that will not drive him from office.
“In the last 10 days there have been a series of allegations that are politically motivated, as well as unethical or illegal leaks about confidential agreements and statements with the principal motive of destroying my credibility and election options,” Lopez said in the fiery statement.
The two women paid off by the Assembly settlement are not the only complaints of sexual harassment against Lopez.
The Assembly Ethics Committee upheld two other complaints, in which former staffers said Lopez groped them and kissed them. Silver accepted the findings and, on Aug. 24, stripped Lopez of his Assembly seniority and leadership positions.
The sanctions blew the lid off the covert June settlement with Rita Pasarell, 30, and Leah Herbert, 29, who had both been senior members of Lopez’s staff.
Lopez, who faces only token opposition in the November election, said he would not give in to the calls of “outside individuals and interest groups” that have urged him to leave office.
If Lopez doesn’t resign, Silver (D-Manhattan) said Tuesday, it will likely take a criminal conviction before lawmakers could oust him on harassment charges.
Sen. Chuck Schumer (D-N.Y.) said Tuesday night he told Silver that Lopez should be kicked out if he doesn’t quit. “He should be out of office. O-U-T! N-O-W!” said Schumer.
Staten Island District Attorney Daniel Donovan has been appointed special prosecutor to investigate possible criminal charges against Lopez.
Silver said Assembly lawyers are reviewing the situation, but noted former Queens state Sen. Hiram Monserrate wasn’t ousted from the Senate until after he was convicted in 2009 of assaulting his girlfriend.
“I think one of the precedents of Hiram Monserrate is it resulted from a criminal action that was determined in a criminal court,” Silver told reporters at the Democratic National Convention in Charlotte.
“So currently, that's under review by the Kings County/Staten Island district attorney and that would have to be held in abeyance until then," Silver said.
Silver said the Assembly ethics committee had questioned whether the incidents merited expulsion before issuing its findings last month.
"If there is a criminal charge and a criminal conviction, that would be a different set of circumstances that might trigger a Monserrate type situation," Silver said.
The state’s Joint Commission on Public Ethics, which has launched an investigation of the Lopez case, met behind closed doors for nearly two hours Tuesday.
Commission members declined to comment afterward, but a source familiar with the investigation said subpoenas connected with the probe went out Tuesday night. James Freedland, a spokesman for state Attorney General Eric Schneiderman, said his office turned documents over to JCOPE probers last week.
"We have already provided the Commission and the press with copies of all communications with the Assembly in our possession relating to this matter, and stand ready to work with JCOPE to ensure a full and fair investigation," Freedland said.
New York GOP Chairman Ed Cox demanded Silver resign for giving his blessing on the secret settlement.
"Silver's actions were unethical and wholly unbecoming of a member of the New York State Assembly, let alone its Speaker,” Cox said.