New York’s top court ruled Tuesday that a special prosecutor can continue to investigate the powerful Working Families Party for alleged campaign abuses.
The Court of Appeals said the judiciary’s appointment of Robert Adler was appropriate after Staten Island District Attorney Dan Donovan recused himself from the case involving the 2009 campaign of Councilwoman Debi Rose, who was backed by the WFP.
The accusations center on whether Rose received improper support from the WFP’s for-profit campaign arm, Data and Field Services.
The WFP subsequently shut down the company.
“Good. May justice be done,” said lawyer Randy Mastro, who sued the WFP on behalf of Staten Island voters in a civil case.
The green light for the probe comes while the WFP is on a roll, amassing enormous sway in City Hall and Albany.
Many WFP co-founders were early backers of Mayor Bill de Blasio and the party helped elect many of the new City Council members.
It won concessions from Gov. Andrew Cuomo in exchange for backing his re-election bid.
The WFP challenged Donovan’s decision to recuse himself without disclosing the reason why. That decision was made under seal.
Donovan was the Republican candidate for state attorney general in 2010. His Democratic opponent who defeated him, current Attorney General Eric Schneiderman, ran on the WFP line.
“It is desirable for all concerned to know, as promptly as possible, whether the person investigating or prosecuting a case is lawfully entitled to do so. That interest is served by allowing a district attorney who has ground for thinking that he and his office may be disqualified to seek the appointment of a special prosecutor,” the court ruled in a 10-page decision.
The WFP also claimed that proper procedures were not followed when the deputy chief administrative judge of the New York City courts appointed Adler as the special prosecutor in 2012.
In the 6-0 ruling, the high court agreed the administrative court erred by not checking with higher-ups, but concluded that the mistake was minor and did not affect the substance of the case.
The WFP, in a statement, disagreed with the ruling and denied any wrongdoing.
“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,” the WFP said in a statement.
“We are confident that will be the conclusion of any fair and unbiased inquiry, just as that has previously been the conclusion of the United States Attorney’s Office and the Campaign Finance Board.”
Some WFP allies question whether Adler can be impartial, noting he has donated more than $12,000 to the WFP’s ideological enemies, the Conservative Party.