Spitzer board may rule on Capitol scandal Governor’s administration accused of using troopers to discredit Bruno BY MICHAEL GORMLEY The Associated Press Michael Gormley is the Capitol editor for The Associated Press. He can be reached by e-mail at mgormley@ap.org.
ALBANY — Because of an unexpected twist in an extraordinary year in Albany, a new state board controlled by appointees of Gov. Eliot Spitzer could soon rule on the scandal in which the Spitzer administration is accused of using state police to discredit a political adversary. The state Ethics Commission has until Sept. 22 to complete its investigation and take any action on the scandal that has choked New York’s capital since July. That’s when the Ethics Commission as well as the state lobbying commission will be replaced by the new state Public Integrity Commission — which will be run by a Spitzer-appointed chairman and majority and their executive director. The twist in the politically charged case is the result of a bipartisan agreement in January — months before the scandal in which two of the governor’s aides are accused of plotting to discredit Senate Republican leader Joseph Bruno. “If it goes to a board that’s appointed mostly by Spitzer, the anti-Spitzer crowd — the Bruno crowd — will instantly say the thing is loaded,” said Maurice Carroll of the Marist College poll. The public would not likely know the difference between the two commissions, said Steven Greenberg of the Siena College poll. “However, the Republicans will make sure that the public understands the difference if the findings come from the new Public Integrity Commission — and understandably so.” Greenberg said it’s clearly better for the existing Ethics Commission to resolve the issue, but it’s also important that the investigation be thorough and complete. “This is a critically important test for the new commission to see whether or not it’s going to continue the kind of investigations that the [David] Grandeau lobbying commission became feared and known for,” said Russ Haven of the New York Public Interest Research Group. The irony of the Spitzer administration potentially providing the first big test of an ethics board created by Spitzer, who promised to reform Albany, follows well worn routes of political compromise and self-preservation. In January, Spitzer had sought a single body to regulate the executive branch, lobbying and the legislative branch. He argued that would end jurisdictional roadblocks to investigations and make more efficient use of resources. Neither the governor nor the Legislature would likely have a majority of that board’s appointments. But the Legislature balked. Lawmakers cited the need for separation of powers while seeking to continue to police its own ethical behavior, which good-government groups have long criticized as ineffective at best. So if the Legislature wouldn’t be subject to the commission, the majority of the appointees remained with the governor. Spitzer defended the makeup in January, saying it provides accountability because the governor would be responsible to voters for the board’s actions. NYPIRG’s Haven called it “a nonaggression pact where the governor gets to regulate the lobbying and executive branch and the Legislature gets to police itself.” The result is that Bruno, who accused Spitzer’s aides of political espionage and has speculated the plot may have reached higher, could have had a bigger role in the scandal’s resolution. “Sure, we’re concerned,” said Bruno spokesman John McArdle. “We asked for a special prosecutor for just that reason.” Spitzer rejected that idea in July, relying instead on the Ethics Commission. Spitzer will directly appoint, without Senate confirmation, seven of 13 members of the new Commission on Public Integrity. The Assembly and Senate majority and minority leaders will each nominate one representative as will Democratic Attorney General Andrew Cuomo and Democratic Comptroller Thomas DiNapoli. They would be subject to Spitzer’s appointment. The new commission will replace the current Ethics Commission in which Spitzer has one active appointee. As governor Spitzer appointed the chairman, and his appointee from back when he was attorney general still serves but has recused himself from this case. Two members were appointed by former Republican Gov. George Pataki. Former Democratic Comptroller Alan Hevesi appointed the remaining commissioner. Spitzer’s appointed chairman, John Feerick, is also expected to be chairman of the new Public Integrity Commission. Feerick is a widely respected law professor who wrote much of the state’s 1987 Ethics in Government Act under what has been known as the Feerick commission. Greenberg and Carroll called him beyond reproach. Ethics Commission spokesman Walter Ayres wouldn’t comment. Whatever findings are provided by the Ethics Commission or its successor, however, won’t likely be the last. Albany County District Attorney David Soares, a Democrat, is also investigating the scandal. But he’s limited to seeing if crimes were committed and Cuomo concluded in his July report that two Spitzer aides engaged in misconduct, not crimes. But unlike Soares, Cuomo lacked subpoena power to compel testimony. Carroll said the end of the scandal may not be in sight because of the resolve of the 48-year-old Democratic governor and the 78-year-old leader of the state Republican Party. “Spitzer started out as a very belligerent guy and he found himself up against a guy who is every bit as tough as he is,” Carroll said. “And the people who may want Spitzer’s job one of these days, it’s in their interest to keep this thing going.”
Sen. Neil Breslin’s Aug. 14 letter attempting to distract attention from a thorough investigation of the Spitzer administration’s “Troopergate” scandal is disturbing and out of step with the people of this state. Recent polls show that the majority of people have lost faith in Gov. Spitzer’s administration and believe he knew about the scheme to use the state police to spy on, and attempt to destroy, Sen. Joseph Bruno. Democrats and Republicans alike, including the governor, condemn that abuse of power, and the vast majority of New Yorkers support further investigation. Amazingly, Gov. Spitzer continues to stonewall the public’s right to know in an attempt to sweep this frightening conspiracy under the rug. As attorney general, Eliot Spitzer would never have allowed a target of his investigation to avoid testifying. As the subject of an investigation, he wants to avoid a full airing of how deeply this conspiracy permeated his administration. Gov. Spitzer has had seven months to address our problems, including critically important issues advanced by Republicans, like the crushing property tax burden on seniors and businesses, the economy, and commonsense criminal justice measures. Unfortunately, his first seven months have been characterized by bullying, a lack of results and what some are calling the worst abuse of gubernatorial power in modern history. The people need to have their faith in government restored. It is time for Gov. Spitzer and his people to tell the truth under oath. Only then will New York be able to put this sad chapter behind and move on. JOHN “JASPER” NOLAN Saratoga Springs The writer is chairman for the Saratoga County Republican Chair
CAPITOL Senate GOP hires special probe counsel The Associated Press
The Senate’s Republican majority said Wednesday it hired a $450-an-hour special counsel to investigate the Spitzer administration and the scandal that has stalled state government. Senate Republicans hired former U.S. Attorney Joseph diGenova at a cost of up to $500,000. He served as U.S. attorney in the District of Columbia in the Reagan administration. He will investigate possible criminal and ethical violations in the administration of Democratic Gov. Eliot Spitzer, said Sen. George Winner, an Elmira Republican and chairman of the chamber’s investigations committee. The committee is investigating the case of two Spitzer aides accused of using state police to compile records that tracked Senate Republican leader Joseph Bruno’s use of state aircraft and a state police driver on trips which mixed meetings with lobbyists and Republican fundraisers. The committee meets again on Monday to question state police. Spitzer spokesman Jeffrey Gordon said the money and time the senators are spending on a redundant investigation could be better used serving taxpayers. “With two ongoing investigations by independent nonpartisan entities it is astounding that the Senate has chosen to spend a half-million dollars of taxpayer money on a partisan and unnecessary Senate investigation,” he said. The state Ethics Commission and Albany County District Attorney’s Office continue to investigate. The state Attorney General’s office said the Spitzer aides engaged in misconduct, but no laws were broken. Bruno spokesman Scott Reif said diGenova will be paid from the Senate’s maintenance and operations budget.
Quit spending our tax money on attorneys to study what actaully happened and instead, oh, I don't know, let's take a shot in the dark here...GET OFF YOUR BUTT AND DO SOMETHING YOURSELF!
Can anybody tell me what (besides this Bruno / Spitzer showdown) has happened with the State government since "Steamroller" Spitzer came to town?
.....hired a $450-an-hour special counsel to investigate the Spitzer administration and the scandal that has stalled state government.
I shoulda been a lawyer!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
There was a guy on channel 9news from the Democratic committee.....when asked if there was anything done inappropriately, he just referred back to stating "It wasn't illegal, blah blah blah".....and I'M SURE that would be the case and statement from the Republicans too.....
see my signature......
they are all losing ground....
----the other shoe is about to fall--or is that toe tapping I hear? ----the smoke is getting thick--or is that a cigar I smell?
Who is driving this wagon and where are we going????
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Unfortunately all the political parties have lost sight of their original goals. They all will use unethical conduct if it means that they may gain the advantage over their rivals. It may just be too late to save any of the political parties from destruction and we may just have to scrap all of them and start over.
DA: No crimes committed by Spitzer aides BY MICHAEL GORMLEY The Associated Press
The Albany County district attorney said two aides to Gov. Eliot Spitzer didn’t commit any crime in compiling state police travel data about Republican Senate leader Joseph Bruno. “This office found no illegal conduct,” District Attorney P. David Soares, a Democrat, said in a prepared statement Thursday. “To the contrary, we found that the governor, his staff, and the New York State Police were acting within their authority in compiling and releasing documents to the media concerning the use of state aircraft.” In July, Democratic Attorney General Andrew Cuomo found the aides acted improperly in an apparent plot to discredit Bruno, but broke no laws. Cuomo’s report said the aides had state police gather records on Bruno’s use of state aircraft and a state police driver on days he met with lobbyists on state business in Manhattan, then attended Republican fundraisers at night. The state Ethics Commission continues its investigation. Spokesman Walter Ayres declined to comment Thursday. “The governor’s office and the New York State Police have cooperated fully with our review, including a voluntary appearance by the governor,” according to Soares’ statement. “In addition, they provided all documents and testimony we requested and needed to complete our review.” Soares plans a news conference today to discuss his findings. “The governor is gratified by the conclusions reached by District Attorney Soares and looks forward to reading the report,” said Spitzer spokesman Christine Anderson. “I was very clear with them and answered all their questions,” Spitzer said at an event before Soares announced his findings. “As I said, the record is going to be precisely what I’ve said about this matter and it is now time for the state to move on to the business at hand.” The scandal has stopped progress on policy for months. A Siena Research Institute poll released Tuesday found 66 percent of New Yorkers felt that the scandal is important but the government should focus on other issues. There was no immediate comment from Bruno. The morning that Cuomo’s report was released in July, Spitzer immediately apologized to Bruno, said he didn’t know of any political plot and disciplined the aides — Communications Director Darren Dopp and public safety aide William Howard. Dopp was temporarily suspended without pay and Howard was transferred out of the executive chamber. Dopp and Howard said they compiled information and prompted state police to create accurate records of Bruno’s travel in answer to a reporter’s request. “We await District Attorney Soares’ report tomorrow, but his findings today echo the attorney general’s conclusions where we found no crimes were committed and all actions were within the relevant officials’ authority,” said Jeffrey Lerner, spokesman for Attorney General Andrew Cuomo. “We also found certain actions to be improper and recommended legislative solutions,” he said. While Cuomo found Dopp and Howard acted unethically and improperly, the activity didn’t rise to the crime of official misconduct. State Inspector General Kristine Hamann, a Spitzer appointee, reached the same conclusion. There was no immediate comment from Dopp or Howard. Bruno is continuing to investigate the case through a Senate committee and on Wednesday announced the hiring of a former federal prosecutor hired at $450 an hour for up to $500,000 through the Senate’s budget. Bruno has accused the aides of political espionage, questioned whether Spitzer knew of the plot and accused the administration of trying to cover it up and refusing to cooperate with authorities. Republican Sen. George Winner of Elmira, chairman of the Senate investigations committee, said they look forward to reviewing Soares’ report and hope he used all the investigatory tools at his disposal. “It remains important for the Senate to continue its own investigation,” Winner said. “We need to continue to develop legislation to prevent the abuses already highlighted by Attorney General Cuomo. We’re going to continue to publicly address the unanswered questions and seek the truth.”
The scandal has stopped progress on policy for months
On purpose by those involved I'm sure.....what is behind the curtains and smoke?????? SHOW ME THE $$ TRAIL and the 'pasta dinners'.....they all eat at the same trough......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
GOP says DA report falls short BY BOB CONNER Gazette Reporter
Gov. Eliot Spitzer and his allies claimed vindication Friday after the release of a report from Albany County District Attorney P. David Soares that said no laws were broken when the governor’s aides and state police compiled and released records detailing Senate Majority Leader Joseph Bruno’s trips using state aircraft and police escort. At a news conference Friday, Soares also said he found no wrongdoing on the part of anyone involved and did not think the evidence showed that Spitzer or his aides were conspiring to smear Bruno. Republicans, however, were critical of the 35-page Soares report, noting that the district attorney did not interview witnesses under oath. And Sen. George Winner, R-Elmira, chairman of the Investigations Committee, issued a statement saying “it’s disconcerting” that Preston Felton, acting superintendent of state police and a key figure in the case, “has refused to voluntarily cooperate” by appearing at the committee’s scheduled meeting Monday. Felton wrote Friday to Winner noting that the state Ethics Commission is investigating the same matter and saying that his public testimony before the Senate committee could interfere with that investigation. Spitzer and Soares are Democrats. Soares said Friday his office has proved that it can be trusted by the public, citing his prior investigation of a fellow Democrat, former state Comptroller Alan Hevesi, which led to Hevesi’s felony conviction and resignation. Explaining why he did not use his subpoena powers to compel witnesses to testify under oath, Soares said he did not alter the usual procedure of his offi ce, which is not to interview witnesses under oath unless there is reason to believe a crime has been committed. “We don’t throw open the doors to the grand jury and throw subpoenas out like confetti,” he said, noting that such conduct could unfairly raise doubts about people’s reputations. Soares said his findings are consistent with a report issued July 23 by Attorney General Andrew Cuomo, which also found that no laws were broken. Cuomo, however, unlike Soares, was critical of the actions of Felton and two senior Spitzer aides, Darren Dopp and William Howard. Spitzer demoted Howard and suspended Dopp, at first without pay, citing in a statement their “clear lapses in judgement.” Dopp has since returned to the payroll but has not gone back to his former job of communications director. According to Soares’ report, Dopp, who is not a lawyer, thought Bruno might be making illegal use of state resources. Spitzer, however, disagreed, as did Cuomo in his July 23 report, which said Bruno’s use of state resources was lawful. On Friday, Spitzer issued a statement saying that the Soares report shows it was “legal and proper for the Executive Chamber and the state police to evaluate the use of state resources by state officials and generate records related to that use.” Dopp provided those records to the Albany Times Union. Soares interviewed Spitzer, Dopp and other key officials and said he received cooperation from everyone except the Times Union and its reporter, James Odato, who declined to be interviewed. That was their right, the district attorney said. Both the Soares and Cuomo reports showed Dopp gathering purportedly damaging information about Bruno and providing it to the newspaper. Bruno issued a statement saying: “We now have a report issued by the attorney general that raised serious concerns about the abuse of government power and recommended disciplinary actions against the governor’s aides and a second report by the Albany County district attorney that came to a different conclusion. However, the district attorney did not put anyone under oath, nor did he pursue private e-mails that could shed more light on the scandal.” The Democratic leaders in the Assembly and Senate put out statements supporting Spitzer. Assembly Minority Leader James Tedisco, R-Schenectady, was the only legislative leader who did not put out a statement, but he said in an interview that “I respect the district attorney; I’m not impressed with this report.” Tedisco noted that the thrust of the report was leaked to the Times Union about two weeks ago, before Soares interviewed Dopp or Spitzer. “That’s of concern to me,” he said. He also said: “Why would you demote somebody if nothing they did was illegal or unethical? That’s a question the governor has to answer.” Spitzer Press Secretary Christine Anderson could not be reached for comment. The Ethics Commission goes out of existence this weekend as the result of a law passed earlier this year, but its successor, the Public Integrity Commission, will take over its investigations, including this one, said Ethics Commission spokesman Walter Ayres. Ayres said he could not comment on who had been interviewed and whether they were under oath. If it were to find potentially criminal conduct, Ayres said, the Ethics Commission or the Public Integrity Commission would refer the matter to authorities such as the district attorney and attorney general. Soares said if the Ethics Commission or Public Integrity Commission came up with new information, he would be prepared to reopen the case. However, neither commission nor the Senate Investigation Committee could themselves fi le criminal charges. Spitzer gets to name seven of the Public Integrity Commission’s 13 board members under a deal that permitted the Legislature to keep control of its own weak ethics committee to police itself. The governor had previously named the commission’s chairman, John Feerick. On Friday, Spitzer announced the appointments of another 10 members, including all of the ones he picked. The 10 are Daniel Alonso, John Brickman, Andrew Celli, Daniel French, Robert Giuffra, David Gruenberg, James King, Howard Levine, Loretta Lynch and John Mitchell. Spitzer and Bruno both said the controversy and investigations should not distract the state from accomplishing necessary business. Spitzer on Thursday complained that the Senate has not taken up key nominations he has made, and Bruno Friday indicated it would “hold hearings on some of the governor’s nominees.” Political allies of the governor issued supportive statements, including the gay-rights group Empire State Pride Agenda, which said Soares “has cleared several aides to the governor of any wrongdoing. It’s time for Sen. Winner to end his investigation and for the Senate to move on.” But Albany County Republican Chairman Peter Kermani issued a statement saying “the district attorney’s failure to conduct a through investigation is a shocking disappointment” and shows Soares “would rather be a partisan Democrat than a true public servant.”
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