Fitzpatrick said Gov. Andrew Cuomo's top aide never directed him away from any investigations.
SYRACUSE, N.Y. - Onondaga County District Attorney William Fitzpatrick said today no one from Gov. Andrew Cuomo's office ever directed him to stop any investigation while he was co-chair of a commission to target political corruption in Albany.
There was a time when top Cuomo aide Larry Schwartz did indicate that a subpoena to Buying Time - an ad buying firm used by Cuomo - could prove embarrassing to the governor, Fitzpatrick said this afternoon.
But neither Schwartz nor anyone else directed Fitzpatrick to hold up that subpoena, Fitzpatrick said today, and it ultimately was served.
"He didn't direct me to do anything," Fitzpatrick said today of his conversation with Schwartz.
Fitzpatrick's work on the Moreland Commission was part of a three-month investigation published today by The New York Times. The newspaper looked at whether Cuomo, who created the commission to expose weak campaign finance laws and shore up ethical behavior in Albany, had interfered with its investigations.
Fitzpatrick, on the whole, did not take any issue with the Times' reporting. He said the anecdotes and quotes in the story, including his, were fair. "Apparently they had some good sources," he said this afternoon. The report relies on some unnamed sources, emails (including ones from Fitzpatrick) and interviews to paint a picture that the Cuomo administration was following every step of the Moreland Commisison's actions.
Cuomo, a Democrat, formed the Moreland Commission with Attorney General Eric Schneiderman in July 2013 and named Fitzpatrick as one of three co-chairs. The commission issued a series of recommendations to strengthen anti-bribery laws and shore up campaign finance rules in December. Some of those recommendations - but not all - were adopted in the 2014-15 state budget. Cuomo then disbanded the Moreland Commission.
Fitzpatrick said the commission's investigations never showed anything that called the governor's conduct into question.
Cuomo's office responded to the Times' report with a 13-page memo that repeatedly argues the governor did not interfere with the Moreland Commission's actions. Cuomo first launched the commission as an "independent" panel, free to look into any office or campaign account, including the governor's. Later, the governor argued his staff's interactions with the commission were proper because it was the governor's creation.
Fitzpatrick agrees with that. Had something come up in the panel's inquiries that involved the governor, Fitzpatrick said today, "it would have put the commission in a tough spot. It was his commission. But it just didn't happen. And it wasn't because anyone ordered me not to look into it."
Rather, Fitzpatrick said, it was the commission itself that sometimes went too far in aiming its investigatory powers toward campaign committees for all parties in an effort to appear bi-partisan.
"I'm not interested in being bi-partisan," said Fitzpatrick, a Republican, adding he was only interested in going after behavior that exposed weak political campaign finance laws and possible corruption.
That happened in an initial inquiry into Buying Time, Fitzpatrick said.
The commission was looking to see if a campaign committee for the Senate Republicans had steered money toward the state's Independence Party to use for campaign ads. If that were true, it would be illegal, Fitzpatrick said.
So the commission planned to send out a subpoena to another ad agency - not Buying Time, Fitzpatrick said - but that didn't happen. Fitzpatrick said he was surprised to learn that the subpoena instead went to Buying Time - the outfit Cuomo used. Fitzpatrick said he learned about the subpoena through Schwartz.
At the time, Fitzpatrick said he agreed with Schwartz that the investigation into the Senate GOP's spending was aimed at the wrong ad company. But he also said today he didn't agree with Schwartz's reaction that the governor could be embarrassed by an inquiry into the company.
That disagreement was highlighted in the Times' story by quoting an email from Fitzpatrick to another co-chair of the commission.
From the Times: "The 2d Floor (Larry) needs to understand this is an INDEPENDENT commission and needs to be treated as such," (Fitzpatrick) wrote, referring to Mr. Schwartz and to the location of the governor's office in the Capitol. He added that "everything we discuss does not need to be fed back to Floor 2."
"I am not wasting 15 months of my quickly shortening life to write some silly report that Lewis and Clark couldn't find in five years!" Mr. Fitzpatrick wrote.
Ultimately, though, Buying Time was also served, Fitzpatrick said today during a phone interview with syracuse.com.
"So it wasn't like Larry Schwartz ever directed me to subpoena or not to subpoena Buying Time," Fitzpatrick said.
All of those records were turned over to federal prosecutor Preet Bharara, Fitzpatrick said.
"I'm about Moreland'd out," Fitzpatrick said.
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