WINNER CALLS FOR APPOINTMENT OF ‘SPECIAL PROSECUTOR’
IN UNFOLDING INVESTIGATION OF SPITZER ADMINISTRATION
Asks governor to appoint Attorney General Andrew Cuomo to more fully
investigate
administration’s use of State Police resources
Albany, N.Y., July 30-- New York State Senator George H. Winner, Jr.
(R-C, Elmira), chairman of the Senate Investigations and Government
Operations Committee, today called on Governor Eliot Spitzer to appoint
Attorney General Andrew M. Cuomo as a “special prosecutor” with full
subpoena power to more fully examine the Spitzer administration’s alleged
misuse of the State Police for partisan political purposes.
In a letter delivered to Spitzer’s Capitol office earlier today,
Winner wrote that “a comprehensive resolution to this matter requires that
you appoint the Attorney General as a special prosecutor with full subpoena
power by Executive Order to explore the troubling questions which go beyond
the Attorney General’s original mandate.”
[see copy of letter below]
Last Monday Cuomo released a report on his initial investigation,
“Report of Investigation Into the Alleged Misuse of New York State Aircraft
and the Resources of the New York State Police,” which revealed that two
top Spitzer aides -- William Howard and Darren Dopp -- had improperly used
the State Police to collect information on State Senate Majority Leader
Joseph L. Bruno, in order to damage Bruno politically. The governor has
denied any knowledge of his aides’ actions. Cuomo, however, did not have
subpoena power to force two aides, Dopp and Richard Baum, to be interviewed
under oath, and both aides refused to testify.
A story in today’s New York Post links additional senior aides to
Spitzer to the unfolding investigation.
Late last week, the State Ethics Commission announced that it will
conduct its own investigation. In today’s letter to the governor, Winner
welcomed the Ethics Commission investigation but stressed that his
Investigations Committee believes that appointing the attorney general as a
special prosecutor -- or even authorizing Cuomo to appoint a special
prosecutor -- is the most effective way to ensure the independence and
credibility of further investigations.
“While the recently announced review by the State Ethics Commission
is welcome and highlights the need for further inquiry, the State Ethics
Commission has limited jurisdiction. As its members are appointed by the
Executive, there will be questions to its independence as well. The
Attorney General, as an independently elected public official, would have
unfettered jurisdiction to review all aspects of this matter including any
falling under the penal law,” wrote Winner.
But Winner didn’t rule out additional action by the Investigations
Committee if Spitzer refuses the appointment of a special prosecutor. He
said that the refusal of key executive staff to be interviewed under oath
leaves troubling questions that need to be addressed.
-30-
Letter from Senator Winner to Governor Spitzer:
July 30, 2007
Governor Eliot Spitzer
Executive Chamber
State Capitol
Albany, New York 12224
Dear Governor Spitzer:
Earlier this month, the Temporary President of the Senate, through
his counsel, called upon the State Attorney General to conduct an inquiry
to determine whether the State Police were used inappropriately for
political purposes.
The Attorney General issued a comprehensive report consistent with
the scope of that request. The report concluded that the State Police were
used in an inappropriate manner for a partisan political purpose.
However, the refusal of key Executive staff to be interviewed under oath
and the Attorney General's lack of subpoena power during a civil inquiry
leave questions which should be answered in the public interest.
I have reviewed the report, and legislative staff have had access to
the investigative information compiled by the Attorney General's office.
While the Attorney General is to be commended for the thorough and
professional work of his staff, since his investigative mandate was narrow,
we believe that additional investigation is warranted to assure the public
that you were not personally involved in the actions which the report
criticizes nor did you know of those actions or direct the State Police to
act in an inappropriate manner, as you have stated publicly.
While the Senate Investigations committee has the authority and the
subpoena power to fully explore your role, if any, in this matter, we are
reluctant to engage in a protracted legal debate over the constitutional
issues which your office has indicated would be litigated if we proceed
with an investigation.
Therefore, I conclude that a comprehensive resolution to this matter
requires that you appoint the Attorney General as a special prosecutor with
full subpoena power by Executive Order to explore the troubling questions
which go beyond the Attorney General's original mandate.
While the recently announced review by the State Ethics Commission is
welcome and highlights the need for further inquiry, the State Ethics
Commission has limited jurisdiction. As its members are appointed by the
Executive, there will be questions as to its independence as well. The
Attorney General, as an independently elected public official, would have
unfettered jurisdiction to review all aspects of this matter including any
falling under the penal law.
Since January 1975, there have been 30 instances when the Governor
has appointed the State Attorney General as a special prosecutor. Clearly
there is adequate precedent and sufficient justification to warrant similar
action now.
Very truly yours,
George H. Winner, Jr.