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ALBANY — A criminal prosecutor said today that Governor Spitzer ordered a dirty tricks travel records scandal to discredit the Senate Republican leader, Joseph Bruno, despite the former governor's public denials.

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Governor Spitzer announces his resignation March 12 in his offices in New York.
 Stephen Chernin/AP
Governor Spitzer announces his resignation March 12 in his offices in New York.

Albany County's district attorney, David Soares, said his second investigation of the scandal finds a former Spitzer aide, Darren Dopp, was directly ordered by Mr. Spitzer in a profanity laced exchange to release records that could embarrass Mr. Bruno and perhaps lead him deeper into a federal investigation.

Mr. Soares called for no action against Mr. Spitzer or any aides.

Mr. Spitzer resigned two weeks ago after he was implicated in an investigation of a prostitution ring.

In September, Mr. Soares issued a report saying no one in the Spitzer administration acted improperly and that there was no evidence of a plot to discredit Mr. Bruno. Two aides argued they were following orders to fulfill media requests seeking records. Mr. Spitzer disciplined them both.

But Attorney General Cuomo found two top Spitzer aides misused state police to compile records of Mr. Bruno's use of state aircraft on days he attended Republican fundraisers and released them to a reporter.

Mr. Soares recently returned to the case, however, and further investigated Mr. Dopp's role after a statement provided for him by Spitzer administration lawyers seemed to conflict with Mr. Dopp's testimony to the state Public Integrity Commission, which is also investigating. Mr. Dopp was questioned by Mr. Soares during the second investigation.

Today's report said that at first, in May 2007, Mr. Spitzer just wanted to "monitor the situation" after Mr. Dopp said a reporter asked for Mr. Bruno's flight records. Mr. Spitzer didn't want "anything to interfere with the possible ... conclusion of the legislative session," Mr. Dopp was quoted as saying in Mr. Soares's report.

But in June, when Mr. Bruno was blocking Mr. Spitzer's initiatives in the Legislature, top Spitzer aides discussed providing the flight records to "the feds" after they read in the newspaper that Mr. Bruno was being investigated by the FBI for business dealings.

Mr. Dopp said that on June 25 or June 26, the secretary to the governor, Richard Baum, told him, "Eliot wants you to release the records."

Mr. Dopp said he went into Mr. Spitzer's office to make sure. Mr. Dopp told investigators that he told Mr. Spitzer: "Boss, you're okay with the release of the plane records?"

"According to Dopp, the governor replied, 'Yeah, do it,'" the Soares report said.

"Dopp asked Spitzer: 'Are you sure?'" noting Mr. Bruno would be angry.

Mr. Dopp said Mr. Spitzer then used vulgarities to describe Mr. Bruno and ordered Mr. Dopp to "shove it up his (expletive) with a red-hot poker."

The scandal led to gridlock in Albany and destroyed Mr. Spitzer's once record-higher popularity.

There was no immediate comment from Mr. Spitzer's spokeswoman, Anna Cordasco.