David Soares

Albany County District Attorney David Soares, whose handling of the Eliot Spitzer investigation has been severely criticized, is hoping that after releasing 8,562 pages of documents, folks will move on.

In a statement from his office, Soares said:

"Today, the two people who began this controversy are no longer a part of our government, but the spotlight on the political theater created is still just as bright as the investigations are wrapping up, and as the investigation of the investigations continues.

“Thousands of hours have been expended over the past year to uncover that no laws were broken and that politicians will always attempt to undermine their political enemies.  read more »

Some of the most significant collateral damage from Eliot Spitzer's implosion involves the reputations of two of his one-time allies: former communications director Darren Dopp (the original scapegoat for Troopergate) and David Soares, the Albany County District Attorney (who is the current scapegoat).

Dopp has been on the offensive trying to clear his name, speaking at length with the New York Times, and -- just this this morning -- providing the New York Post with his version of the testimony he gave to the state’s Public Integrity Commission.

The transcript Dopp provided undermines Soares’ initial report into the Troopergate incident, which alleged Dopp acted as a rogue agent and inappropriately ordered the state police to re-create travel records for state Senate Majority Leader Joe Bruno, who received protection from the police (as is customary for legislative leaders).  read more »

Here’s some clarification on what exactly happened to the tape that Assemblyman Karim Camara told me was destroyed.  read more »

Assemblyman Karim Camara of Brooklyn, who was arrested for D.U.I. last year, says a police videotape related to the case has been destroyed, leaving officials without what he called “the one objective piece of evidence.”  read more »

The Troopergate investigators are being investigated, according to a statement released just now from the Chairman of the New York State Commission on Investigations, Alfred Lerner.

He said the commission “has renewed its investigation into this whole matter," but added this:

"Let me be clear. The Commission is not investigating the events concerning Troopergate; more than enough investigations of the issues surrounding those events have taken or are taking place. Rather, the Commission is investigating the investigations. We are seeking to determine the efficacy of the various investigatory efforts, including those of the Albany County District Attorney, the State Inspector General and the State Commission on Public Integrity.  read more »

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Andrew Cuomo’s office just released two letters related to the Troopergate investigation.

The first, dated yesterday, is from Albany County District Attorney David Soares to David Paterson's office, asking that the governor waive privileges to documents related to Troopergate. (Soares is expected to issue his second report on the effort to smear Joe Bruno later this week.)  read more »

Liz and I both showed up for Albany County District Attorney David Soares’ small fund-raiser in Manhattan last night.

Two things stood out:

First, Soares talked about his family’s experience, which put him on the path to opposing mandatory drug sentencing laws, also know as the Rockefeller Drug Laws, an issue he campaigned on when he swept into office, beating a Democratic incumbent.

After explaining how his older brother would go the corner to catch a bus to work as part of a summer job program when they were kids, Soares explained, “The Reagan administration came in and those programs disappeared. But my brother and his friends would still show up on those corners, because economic opportunities still existed there. Except, those were not the kind of economic opportunities that were part of, you know, the legitimate economy.”

More after the jump.  read more »

All the Assembly Democrats will be together in Brooklyn next Monday, Tuesday and Wednesday when Sheldon Silver holds his conference meet at the Brooklyn Marriott. (Book your rooms now!)

As one person who's planning to attend explained to me, it'll be the strategy session where the Assembly Democrats actually start crafting their legislative priorities in earnest. (With an expected $4 billion budget gap in a local election year, that list should be really interesting.)
 
About the meeting, this attendee said, "The first time we did it was right after 9/11, and we were staying in the Embassy Suites downtown. Since then, it became an annual thing. This year is the first time we're doing it in Brooklyn. It's almost like a pre-game show to the session."

A spokesman for Silver, Dan Weiler, declined to discuss the meeting.

Here’s an invitation to a November 27 fund-raiser in Manhattan for Albany County District Attorney David Soares.

So far, Soares--who is still investigating the Spitzer administration--is the only person with a registered committee running for the position, and he has $35,343.05 in his campaign account.

Should be interesting to see who shows up.

Democratic state Senator Eric Schneiderman put a hand on the shoulder of the 14-year-old boy dating his daughter, and, in the mocking tone
of a concerned father with plenty of connections, told law enforcement officials at his fund-raiser to "take notice."

Among the people in the audience to witness the performance, delivered at Schneiderman's fund-raiser on Monday at Ron Feldman's Art Gallery on Mercer Street
, was David Soares.

Recently, Soares issued a report clearing Eliot Spitzer of any wrongdoing over the issue of his aides using state police to track Joe Bruno's
use of state aircraft. Republicans dismissed the report, saying it was one Democrat looking out for another. So wouldn't Soares' attendance at Schneiderman's fund-raiser provide them with more fodder for that argument?

Schneiderman told me last night that partisan considerations had little to do with it. "I was one of the few people who supported him as an insurgent," Schneiderman told me, referring to the fact that Soares ran against the Democratic Party to unseat an incumbent.

. Soares, he said, had stopped by briefly because he
was in town meeting with people to discuss reform of the Rockefeller Drug Laws, the major issue during Soares' campaign.

Henry Stern is in with another column about Albany politics, in which he finds fault with Albany District Attorney David Soares for saying that the governor did nothing criminal.

From Stern’s column:

We do not know which is worse: the inquisitor before whom everyone is guilty, like Savonarola or Torquemada, or the Three Monkeys, see, hear and speak no evil, before whom everyone is innocent. Probably Soares, who was the Working Families Party candidate for DA against the Democratic organization, represents both worlds.

Soares received substantial campaign contributions from George Soros, the billionaire sponsor of moveon.com. He received the money on the basis of a commitment not to prosecute minor drug offenders, although sometimes state law required it. Soares has lost credibility because of the double standard he takes with different state-wide public officials. His conduct in these cases makes his political ambition another casualty of Troopergate, nee Choppergate.

  

Here's the latest from Michael Caputo: a flier which delves into an old court case that is intended to expose a connection between Eliot Spitzer and David Soares, the Albany District Attorney who just cleared the governor of criminal wrongdoing.

It's a reflection of the broader Republican strategy of undermining Soares' findings by highlighting what they say is a conflict of interest.

On a whim, I called Oliver Koppell, the former attorney general who is a Democrat but no fan of Spitzer, and asked him what he knew of this suggested connection.

Koppell told me, "I recall that I think the Working Families Party gave money to him for use in the Democratic Primary, or in his election and there was questions as to whether that was appropriate or not. He was heavily supported by George Soros and this was a way of getting money to him not directly from Soros."

Koppell later said if the lawsuit against Soares was a private lawsuit, the attorney general would then have a lot of discretion as to whether or not to get involved.

If anyone knows more, please let me know.

So it seems to me that the explanation of findings in the report from Albany District Attorney David Soares' on the Spitzer-Bruno stuff should at least temper, however slightly, the political value of what is a clear legal victory for the governor.

 

 

From the report:

"To be guilty of official misconduct, one must knowingly act to "obtain a benefit or deprive another of a benefit," and knowingly commit an "unauthorized exercise of his [or her] official functions." There can be no crime if all elements are not met. Here, the compiling of information on the use of state resources and turning it over to the media do not appear to be an improper exercise of official function. That these actions may have been done with ill intent does not turn a lawful action into an unlawful one. Neither does the fact that the individuals involved acted outside of the FOIL."

Of course, the main thing is that the report says that the officials didn't break the law or exercise their official function improperly. But ill intent, generally, isn't generally what people look for in their leaders (or their leaders' top aides).

Eliot Spitzer confirmed to reporters in Colonie that he answered questions from the Albany County District Attorney regarding the plan to use state police to create records of Joe Bruno’s use of official state aircraft.

I emailed Spitzer spokeswoman Christine Anderson and asked if the governor spoke under oath. She declined to say.

Republicans are sure to seize on that point if, as expected, the district attorney declines to bring criminal charges against the governor or his aides.

But the implications are interesting for reasons that go beyond straight politics.  read more »

The Albany County District Attorney, David Soares, slammed this morning’s Times Union story about his investigation into Eliot Spitzer’s office, saying:

A recent press story that my office planned to negatively critique the Attorney General's report is wholly untrue and we will continue our good, ongoing relationship with the Attorney General.

To date, our assessment of these materials is not complete, and no findings have been made. To draw any conclusions before reviewing all evidence would directly contradict the principles of our process.

It’s a sign that Soares is breaking with an Albany tradition of leaking condifential details to reporters (as Andrew Cuomo‘s office has been accused of) or defending himself to a favorite news outlet (as Spitzer’s office has done with the Times).

Maybe things are changing in Albany.

The spokeswoman for Albany DA David Soares is leaving to work for Congresswoman-elect Kirsten Gillibrand.

Serph Maltese may have been approached to join Eliot Spitzer's administration.

Cablevision is looking to hire a lobbyist who knows how to make political contributions.

State Senator Jose Serrano says it's an "irony" that while some legislators are reluctant to make their member items public, they are unwilling to distribute the money evenly across the aisle."

Kos prefers the word "escalate" rather than "surge" to describe the plan for changing the troop level in Iraq.

Greg Sargent is surprised to see Fox referring to Iraq War opposition as mainstream.

And drivers get free drinks for New Year's.

-- Azi Paybarah

Azi, though on vacation, went to Albany this morning to get in on the fun with Mr. Hevesi. After the jump, I'll be posting his updates as they happen. More or less. Some photos too!  read more »

UPDATE: The picture above is of Hevesi arriving at the courthouse this morning. More below, obviously.

-- Andrew Rice

Just got a cryptic press release from the office of Albany DA David Soares, announcing a press conference for 12:30 p.m. tomorrow, at which he will address "events of the day." Wonder what that could be about?

UPDATE: Oops, Just noticed--Liz Benjamin beat me on this. Drat!

-- Andrew Rice

Here's something that should be a pleasant change for Alan Hevesi from his recent press coverage: it's Wayne Barrett's Top Ten reasons not to oust the state comptroller.

1. Hevesi is not a recidivist abuser

2.Hevesi cannot be removed based on speculation about his intent.

3.The commission ignored indications that Hevesi intended to reimburse the state.

4.Removal is inexcusably disproportionate to Hevesi's wrongdoing.

5. The commission's findings are politically selective.

6. The two other Pataki-appointed commissioners are as ethically challenged as Shechtman [NYS Lobbying Commission member]

7. Spitzer isn't transcending personal and political ties in the war on Hevesi; he's bowing to them.

8. Singling out Hevesi on the basis of commonplace car abuse would be a hypocritical high.

9. Spitzer is allowing campaign damage control to frame critical government policy.

10. Going forward with a senate trial and replacement will be a colossal mess.

Barrett, no softy on public corruption, argues that it's not too late for Spitzer to back away from his stance on Hevesi without losing face. Spitzer "could say now that he will await the result of the ongoing grand jury probe by Albany District Attorney David Soares and be bound by it; if no criminal charges are brought, he could conclude that no further action would be necessary."

-- Azi Paybarah

The Times reports that, yet again, Mike Bloomberg is not running for president.

The pressure is mounting in the 11th congressional district race.

The Sun reports on opposition to Eliot Spitzer's tax plan.

The Albany Times Union reports that Albany County DA David Soares is launching an inquiry into the use of member items.

—Nicole Brydson

The Daily News reports that George Pataki may be a liability to state Republicans.

The Post reports on dueling Republican fundraisers for Rudy Giuliani and John McCain; and Albany County District Attorney David Soares believes that officials are afraid to reform drug policy.

The Times reports on Cory Booker.

And the Sun reports on failed attempts to make Tom Suozzi a Republican.

—Nicole Brydson

Reform comes to New York in cycles, and this year was one of those moments when the status quo seeme  read more »