D.A. Asks Paterson To Make Spitzer Scandal Documents Public
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ALBANY — The Albany County district attorney, P. David Soares, on yesterday asked Governor Paterson to waive executive privilege for former Governor Spitzer so Mr. Soares may release publicly all findings, testimony, and records related to his probe of a travel scandal.
Mr. Soares wants to release all material, including e-mails, involving Mr. Spitzer during the time two of his top aides are accused of compiling records that would embarrass Senate Republican leader Joseph Bruno. Mr. Soares made his request Monday to Paterson, who referred it to the attorney general yesterday. Mr. Spitzer said he had only cursory knowledge of the plot and blamed the aides. He granted only a limited waiver of privilege to deny Mr. Soares’s access to some records.
Mr. Spitzer resigned March 12 amid a prostitution investigation.
“The public has expressed great interest in this matter, and we believe the people of the state of New York and the county of Albany have a right to a full airing of the events surrounding this case,” Mr. Soares, a Democrat, said. “We believe this is especially so because this matter involves the state’s highest office.
“The people have put their trust in your office,” Mr. Soares wrote Mr. Paterson, “and transparency is the most honorable way of reciprocating that trust.” Mr. Paterson’s chief of staff, Charles O’Byrne, asked Attorney General Andrew Cuomo for a legal opinion on the request yesterday. Mr. Soares’s letter to Mr. Paterson asked for a response by 5 p.m. yesterday, but officials in the attorney general’s office were still talking with Mr. Soares and Mr. Paterson’s office after the 5 p.m. deadline.
However, a senior member of Mr. Cuomo’s staff said because of the information Mr. Soares requested, the deadline won’t likely be met.
“Given the complexities of the legal issue and the fact that the D.A. Soares has been in possession of the documents for months, we don’t understand the 24-hour deadline,” the senior staffer, who spoke on the condition of anonymity because of the sensitivity of the case and interagency discussions, said.
“It’s important that we understand the history of the assertion of these privileges and it’s also important that we understand whether or not the D.A. and the state Public Integrity Commission accepted the privileged assertions,” the senior staffer told the Associated Press.
The state Public Integrity Commission that rules on the conduct of executive branch employees continues to investigate the case. Mr. Cuomo issued a report in July that found misconduct by the two aides in a plot to smear Mr. Bruno for his use of state aircraft on days he attended Republican fund-raisers. Mr. Cuomo found no crimes were committed, but he didn’t compel testimony and the Spitzer administration wouldn’t allow the top aide in the scandal, communications director Darren Dopp, to testify.
Mr. Soares’s investigation, released in a report in September, found no evidence of a plot and no misconduct by the aides, who had argued they were following directions, policy and the state Freedom of Information Law by compiling the travel records and providing them to a reporter who sought them.
Mr. Soares recently returned to the case, however, and further questioned and investigated Mr. Dopp’s role. Mr. Soares’s final report is due this week.
Mr. Dopp’s attorney, Michael Koenig of Albany, said Monday that Mr. Soares told him Dopp is cleared of any crime in the case. Mr. Soares’s spokeswoman wouldn’t comment on the investigation.
Mr. Soares’s conclusions in the September report were based on the voluntary testimony and surrender of e-mails from Mr. Spitzer, Mr. Dopp, Secretary to the Governor Richard Baum, Spitzer press secretary Christine Anderson and William Howard, a former top public security aide in the governor’s office.
There was no immediate comment from Mr. Spitzer’s spokeswoman, Anna Cordasco.