One of the three co-chairs of Gov. Cuomo’s anti-corruption commission today denied interference from the governor’s office.
William Fitzpatrick, who also is the Onondaga County district attorney, said during an appearance on public radio’s “The Capitol Pressroom” that while staff to the governor and Attorney General working on the panel have made suggestions, they have not ordered any subpoenas be killed, as the Daily News has reported.
“Press reports to the contrary , we have been independent since Day 1,” Fitzpatrick told host Susan Arbetter. “There’s a big difference between interference and input.”
“I’m very very happy with the course that we’re taking.”
But sources have said it’s Cuomo’s top aides like counsel Mylan Denerstein and secretary to the governor Larry Schwartz–not the ones working for the commission–who ordered subpoenas killed, including one to the Real Estate Board of New York and others to the state and legislative ethics commissions.
In addition, the Moreland commission co-chairs originally authorized a subpoena to the Cuomo-controlled state Democratic party that raised millions of dollars to spend on ads this year promoting the governor’s agenda.
Another subpoena, sources said, was sent to Buying Time LLC, an ad buying firm used by Cuomo and the state party. That subpoena was mmediately withdrawn.
After a wave of public controversy, the commission changed course last week and sent the legal requests for information to the entities tied to the governor as well as all the state parties and the campaign arms of the legislative Republicans and Democrats.
Fitzpatrick was asked by Arbetter about the Democratic party and ad buying firm subpoenas being held back and withdrawn, respectively. Without getting into specifics, he acknowledged he personally modified at least one.
“There was a subpoena that was discussed and brought to my attention,” he said. “I am the person who modified that subpoena to reflect the correct party. That somehow morphed into a story that the governor was interfering and staff were suppressing subpoenas–and that sadly was not the case.”
Fitzpatrick didn’t say whether his two fellow co-chairs—Nassau County DA Kathleen Rice and Milton Williams Jr.—initially signed off on the modifications as required. A commission spokeswoman didn’t immediately return an email.
Meanwhile, Fitzpatrick made it clear that the bulk of the investigation is focused on the Legislature.
“Thirty members of the governor’s staff haven’t been walked out in handcuffs in the last five years,” he said. “Thirty members of the attorney general’s office haven’t been walked out in handcuffs in the last five years.”
“The problem is, clearly, that there is a systemic corruption within the New York state Legislature that needs to be addressed,” he said.
He painted an ugly portrait of how you would teach bill making in the 21st century to kids.
“Now if you were to do something in school, I think you’d probably have to shift gears and maybe go to a yacht and have champagne and hour devours being served and people smoking cigars and so forth and so on and bags of cash being left around. Not for profits that actually don’t exist or health clinics that haven’t served a dog, never mind a human being, in their entire existence.”
“You wonder why people lose faith in their government and that would be it.”
The commission recently sent subpoenas to the law firms of legislators who are lawyers and making at least $20,000 in outside income.
Some insiders have blasted the subpoenas as overbroad and a violation of the constitutional separation of powers. They also say the subpoenas are seeking confidential communications between the lawmakers and their clients.
Fitzpatrick dismissed the claim as “absurd.”
A legal challenge is expected—one that Fitzpatrick says he expects the commission will win.
“We simply want to know what you do for these retainers,” he said. “We’re talking about six-figure retainers from people who as far as we know, never go to court.
The commission, he said, wants to know what the lawmakers do to earn it.
“I suspect the real problem is going to be for those who have to answer to say, ‘you know what? In all honesty, I don’t do anything for this massive amount of money I get .’ And that’s going to create a problem.”
Fitzpatrick acknowledged there had been negotiations among the governor’s office, the commission and the Legislature to develop an ethics reform package, but said they did come close to resulting in a deal.
The commission, he said, expects to put out its preliminary report on Dec. 1 and continue its investigation throughout next year, as it is set up to do.
He also vowed that he and other commissioners will recuse themselves if they have any ties to anyone under investigation.
