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Fate in doubt as Paterson is teetering

Published:March 5, 2010, 11:30 AM

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Updated: August 21, 2010, 9:43 AM

ALBANY &#8212 Gov. David A. Paterson&#8217s administration is &#8220listing,&#8221 his

handpicked party chairman said Thursday, and the governor even remained silent when asked by

reporters whether he would still be in office next week.

Another top aide fled the administration Thursday, as Peter E. Kauffmann, the

governor&#8217s communications director, quit, saying he could not &#8220in good

conscience&#8221 continue. It was the exact same line used last week by Denise E.

O&#8217Donnell, the governor&#8217s top criminal-justice official, who resigned in protest as

just one of Paterson&#8217s several new scandals surfaced.

The resignation of Kauffmann, now the third top official to leave in a week, came just two

days after the communications director testified before a state ethics panel on

Paterson&#8217s latest scandal: soliciting and using tickets for himself, his teenage son and

a friend, and two staff members to a World Series game at Yankee Stadium last October.

Besides breaking the state&#8217s gift ban, Paterson also was accused Wednesday of lying

under oath to investigators about his intention to reimburse the Yankees &#8212 a charge made,

in part, with the help of testimony by Kauffmann that Paterson had first told him that he

didn&#8217t intend to pay for the tickets.

The governor&#8217s uncertain future was a topic for Democratic leaders across the state.

County chairmen of the party huddled by phone, though no one called for the governor&#8217s

resignation.

A group of black party leaders met for two hours Thursday night in a Harlem restaurant

to discuss Paterson&#8217s immediate future.

The meeting gave time for Paterson to stay afloat &#8212 at least for now. The Rev. Al

Sharpton said the majority in the room &#8220strongly felt the governor should continue&#8221

holding his job &#8212 a feeling shared by former New York City Mayor David N. Dinkins and

other prominent Democrats at the gathering.

&#8220We are no way interfering with the due process right of those that have represented

us and served us,&#8221 said Sharpton, warning against a rush to judgment before

investigations are concluded.

Not all the party&#8217s black leaders attended the meeting, though. The most

politically powerful African-American in the State Legislature, Senate Democratic Conference

Leader John L. Sampson of Brooklyn, said he had a previous commitment in his district, and he

advised those gathering in Harlem not to call for Paterson&#8217s resignation.

&#8220We have one governor. There is no need for resignation,&#8221 Sampson said.

&#8220The governor will address these issues. You know, we cannot rush to judgment because

throughout the world, we always look down on those countries who do not have a democratic

process, and one of those things in our democratic process is a person is innocent until

proven guilty,&#8221 Sampson said.

But one party leader said before the Harlem gathering that the situation has changed

greatly since Sunday, when the same group of black Democrats met and continued to back

Paterson. Since then, allegations have surfaced of a possible more direct role by the governor

in helping to persuade a Bronx woman not to pursue a domestic-violence case against David W.

Johnson, a longtime Paterson confidant.

And on Wednesday, the Commission on Public Integrity accused Paterson of violating a gift

ban for taking the Yankees tickets and then lying to investigators during their February

interview with him. Paterson has denied the allegations.

&#8220It&#8217s time to have a new assessment,&#8221 H. Carl McCall, a former state

comptroller and 2002 Democratic gubernatorial nominee, said in an interview before the Harlem

meeting.

McCall raised concerns about stalled budget talks in Albany that, if not quickly resolved,

will negatively affect communities across the state. &#8220At this critical time, there is a

need for undistracted leadership,&#8221 McCall said.

In Manhattan on Thursday, a group of reporters caught up with Paterson coming out of a

luncheon. &#8220Yes,&#8221 he said when asked whether he would still be governor today. When

asked whether he would be in office next week, Paterson gave no answer, and aides ushered him

into a waiting SUV.

The group of party leaders who gathered on a telephone conference call late Thursday

afternoon with State Democratic Chairman Jay Jacobs were expecting to provide their own

political bombshell: a push for a Paterson resignation. But no one made the suggestion,

according to one participant who asked to remain anonymous.

Asked whether Paterson&#8217s ship is sinking, Jacobs said, &#8220I think it&#8217s

listing. I don&#8217t know if it&#8217s sinking. I&#8217m not saying it can&#8217t be

repaired.&#8221

But Jacobs, along with other party leaders, said Paterson has to get his side of the story

out. The governor keeps telling Democrats privately that he did nothing wrong regarding his

aide&#8217s domestic-violence case and that he will be vindicated after an investigation of

the matter by Attorney General Andrew M. Cuomo.

But the newest scandal &#8212 allegedly lying to Ethics Commission lawyers about the

Yankees tickets &#8212 presents a whole new set of problems. The ethics agency turned over its

findings, including possible perjury charges, to investigators for Cuomo and Albany County

District Attorney P. David Soares to determine whether any criminal laws were broken.

Jacobs said that Paterson has not told him about this but that he hopes he will provide

specifics in the next couple of days. &#8220With the hits continually coming, he&#8217s got to

get his side out,&#8221 Jacobs said.

Kauffmann announced his departure as communications director shortly before 2 p.m.

Thursday. &#8220I was hoping we&#8217d make it till 3 o&#8217clock before another Paterson

official quit,&#8221 quipped one party activist.

Besides the state ethics agency, Kauffmann also was interviewed this week by investigators

for Cuomo, who is looking into whether Paterson or others pressured Sherr-unacq Booker to drop

the domestic-violence case against Johnson.

The New York Times reported on its Web site Thursday evening that Paterson had more

contacts with the Booker than he previously acknowledged. Paterson has known Booker for years.

Paterson and Booker talked about controlling media fallout, the Times said. The paper said

Paterson has also been in contact with a criminal-defense attorney, though not yet retained

the outside counsel.

Earlier this week, State Police Superintendent Harry J. Corbitt announced his resignation,

as Cuomo is probing whether members of the State Police tried to influence Booker in the

domestic-violence case.

Thursday, two deliverymen were pushing hand trucks filled with caffeine-loaded Red Bull

soft drinks for a convenience shop located below where most of Cuomo&#8217s lawyers are based.

&#8220We were told they&#8217d be pulling a lot of overtime,&#8221 one of the deliverymen

said.

Kauffmann, who has had to try to spin and explain with reporters the series of scandals,

mini-scandals and controversial policy and budget positions over the last year for a governor

who is known for regularly going off-message, kept his resignation explanation short.

&#8220As a former officer in the United States Navy, integrity and commitment to public

service are values I take seriously,&#8221 Kauffman said in his statement.

&#8220Unfortunately, as recent developments have come to light, I cannot in good conscience

continue in my current position.&#8221

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