Mar 12, 2008 10:59 am US/Eastern
THE END IS NEAR
Resignation Expected At 11:30, Will Go Into Effect Monday
NEW YORK (CBS) ―
Eliot Spitzer, the 54th governor of the state of New York, will resign Wednesday morning, a high-ranking official tells CBS 2's Andrew Kirtzman.
Spitzer will announce his decision in a brief statement he plans to deliver at 11:30 from his office. The announcement will be aired live on WCBSTV.com.
During a 10:45 a.m. news conference, Senate Majority Leader Joseph Bruno, the governor's political rival, addressed Spitzer's announcement.
"There is no pleasure in what is going on in this state in anybody's life, and there shouldn't be because this is serious," Bruno said. "My heart goes out to his wife and family at this time. He must deal with his own problems in his own way, but it is now time for us and all New Yorkers to move forward."
A state official told the Associated Press that the resignation will be effective Monday. Lt. Gov. David Paterson would then be sworn in as the state's 55th governor.
Paterson, who is legally blind, will also become the state's first black governor.
Bruno expressed optimism in Paterson's ability to run the state after he is sworn in.
"We are going to partner with the lieutenant governor when he becomes governor to govern. David has always been very open with me, very forthright ... and I look forward to a positive, productive relationship as soon as possible," he said.
Bruno will assume the duties of lieutenant governor, according to the New York Constitution.
The governor hoped to use the resignation as a bargaining chip with federal prosecutors to avoid jail time, insiders say, following his alleged
involvement in a high-profile prositution ring.
"I think his career is politically at an end," noted criminal defense attorney Ronald Fischetti told CBS 2 HD.
Sources say the governor knows this and is using his defense team, led by Michele Hirshman, to leverage his resignation against potential charges he may face.
When asked what the best-case scenario is for Spitzer, Fischetti said, "No charges, absolute resignation and contrition. I think the worst that could happen is a felony plea on a number of charges they could lodge against him."
Fischetti said that as a former prosecutor himself, Spitzer would not want to plead guilty to a felony that could carry jail time, like tax evasion, money laundering or bringing a prostitute across state lines.
"The main thing I would do is not plead to a felony because if he does that his law license is toast," Fischetti said. "He can't practice law anymore."
Spitzer's and his counsel spent much of Tuesday holed up inside his Upper East Side apartment in talks with U.S. Attorney Michael Garcia and his aides. Any failure to reach an agreement may have to do with the pressure Garcia feels to make an example of Spitzer.
"It's very important that [Garcia] expresses to the public that everyone is treated alike and he doesn't charge someone who was the Attorney General and prosecuted crimes he will be subject to a lot of criticism if he lets [Spitzer] go because he was the governor," Fischetti said.
Meanwhile, as talks drag on, numerous groups have demanded that Spitzer step down, saying that his reform mission has been compromised.
"This problem really affects Gov. Spitzer at the core rationale for his governorship," said Baruch College Professor David Birdsell. "He came in promising integrity, a faultless governorship, one that's built on the firmest morale principles."
Though the resignation is expected sometime soon, it is unclear whether he will do it in writing or in a farewell speech. All of this, of course, is pending on the outcome of any deal he cuts.
Hirshman's clear goal is to see if she can get prosecutors to allow Spitzer to plead to a misdemeanor, something along the lines of solicitation, so he'd be able to practice law after he leaves Albany in exchange for his promise to resign.
The case is very difficult not only for Spitzer's family, but for the state of New York, which could soon find itself in the midst of an emergency transition.
Stay with wcbstv.com and CBS 2 HD for the very latest in this developing story.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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