Eliot Spitzer may be gone, but for Albany District Attorney David Soares (D), running for re-election this year, Spitzer’s Troopergate scandal has not been forgotten. Soares’ handling of the case has emerged as a potential political liability as he seeks a second term this year.

Evidence of Soares’ tenuous standing in Albany was seen in April when a steering committee of the county Democratic Party declined to endorse Soares for re-election.

Soares is expected to face his former boss Paul Clyne (D), whom Soares ousted as district attorney in a 2004 upset.

Despite the fact that the county party chose to make no endorsement, Clyne said the party’s unusual decision reveals the problems Soares will face in September.

“Given the fact that he’s the incumbent,” Clyne said, “failure to endorse really indicates a lack of satisfaction with his tenure as D.A.”

Clyne has not announced his own candidacy yet, but has already stepped up his attacks on Soares. Clyne says the mishandled Troopergate investigation was reminiscent of his approach to investigating then-State Comptroller Alan Hevesi (D), who secured a plea deal and avoided prosecution.

Soares released two reports on Troopergate, one in early 2007 and one days after Spitzer’s resignation. The second report found that the former governor had lied about his involvement in the scandal. Ultimately, Soares opted to give former Spitzer communications director Darren Dopp immunity in exchange for his testimony, and opted not to interview Spitzer under oath.



Clyne seems prepared to use the barrage of criticism Soares faced in many newspapers to his advantage. He said Soares’ Troopergate investigations have made him the laughingstock of the county.

But Soares is confident that his record of coming down hard on backroom political dealings will speak for itself. He defended the Troopergate investigation, saying that his creation of an office for public integrity in the D.A.’s office is evidence of his commitment to the law.

“I don’t believe that Troopergate will impact at all my re-election,” he said. “I can refute anything that is presented, especially if that issue is presented by Paul Anthony Clyne.”

In fact, Soares said, he has benefited from the heightened scrutiny and attention.

“I believe that this office has done a lot to bring back integrity to the capital district,” he said. “We continue to pursue cases that have statewide and national significance.”

The full county Democratic Party decision on an endorsement in the race will come on May 21. Soares said that while he is unsure if he will get the endorsement, he is confident that Clyne will not, given Clyne’s endorsement of Republican Roger Cusick in the 2004 general election for district attorney.

Prior to the Troopergate probe, Soares had a clear path to re-election, said one Democratic insider. But after the investigation’s conclusion and the ensuing negative media coverage, Soares was damaged enough to open the door to a primary challenger.

“David was too worried about playing footsie with politicians and getting positive media coverage to do his job,” said the insider. “Now he got caught.”

He added that Clyne is in no better shape, having damaged relationships within the Democrat-heavy county by endorsing Cusick.

But the race between Clyne and Soares could go past the Democratic primary: Clyne is expected to get the Independence Party line, while Soares will be on the Working Families Party line. The WFP endorsement in 2004 was instrumental in Soares’ surprising primary victory.
There is also some talk that former Bethlehem Town Supervisor Theresa Egan, who now works at the state Department of Motor Vehicles, will run as a Republican.

Soares said any potential opponent should be prepared for a tough fight.

“In terms of campaign and structure,” he said, “I believe that I am one of the more aggressive candidates out there.”