Court: Special prosecutor election probe may go on

ALBANY, N.Y. (AP) — A special prosecutor appointed to investigate whether the Working Families Party violated election law in 2009 may continue his work, New York’s Court of Appeals ruled Tuesday.

The party, which has emerged as a leading liberal voice in New York politics, had asked the court to overturn the appointment of Roger Bennet Adler as special prosecutor.

Adler was appointed to investigate whether a campaign firm linked to the party inappropriately provided low-cost campaign services to its preferred candidates in a Staten Island New York City Council race.

The long-running investigation was begun by Staten Island District Attorney Dan Donovan, a Republican, who recused himself and asked for the appointment of a special prosecutor. Donovan’s reasons for not handling the investigation himself are under court seal.

“This now clears the way to move the investigation forward, hopefully without any more impediments being raised by the Working Families Party,” Adler told The Associated Press.

An attorney for the Working Families Party had argued that Donovan should have to explain why he was recusing himself and that Adler’s appointment should be rejected. Two party officials were subpoenaed last year in the case.

“While the court’s reliance on papers filed under seal and hidden from us and the public to uphold the special prosecutor’s appointment is disappointing, we know that we have done nothing wrong,” Bill Lipton, the party’s New York state director, said in a statement. “We are confident that will be the conclusion of any fair and unbiased inquiry.”

During oral arguments this spring, some top court judges questioned whether it will soon be too late to prosecute anyone for actions in 2009. Adler said he has enough time.

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