From Jeralyn at Talkleft:
Good for New York Attorney General Andrew Cuomo who has written an advisory opinion (available here (pdf))informing the District Attorney who wanted Gov. Paterson to release documents and communications provided by Eliot Spitzer that Paterson cannot do so -- they are covered by grand jury secrecy.
In response to a request for advice from the Governor's office, Cuomo writes:
You have asked for advice concerning District Attorney P. David Soares’ request, dated March 24, 2008, that Governor David A. Paterson grant a waiver of grand jury secrecy and all applicable privileges with respect to certain documents provided to the District Attorney’s office by former Governor Eliot Spitzer.
Shorter version: Governor Paterson does not have he power to waive Grand Jury secrecy or legal privileges reserved by Spitzer.
If folks remembered Fitzgerald's indictment of Libby and his discussion of GJ secrecy, there wasn't a waiver of GJ secrecy to Libby and Spitzer's matter should be the same. There is just too much of rush of a political hit on Spitzer.
1 comment:
One would think the Attorney General had taken Law 101. As was explained in the Scooter Libby trail Grand Jury information is Secret and isn't released to the public. Key word Secret. To bad Attorney General Andrew M Cuomo didn't think to use this argument to get Libby's information released. I guess having Spitzer resign isn't enough now that the public knows he didn't commit a crime but was sit up by Republican Roger Stone with the help of the Feds.
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