Spitzer Looks to Remove Hevesi

The NY Post uses its cover to claim Attorney General - and Governor-elect - Eliot Spitzer will release a damning report about State Comptroller Alan Hevesi's actions. Hevesi was re-elected this past November in spite of admitting that he use a state driver to chauffeur his wife, but Spitzer, who withdrew his support of Hevesi after a State Ethics Commission's report suggested that Hevesi did violate laws, has been leaning towards getting rid of Hevesi some way, somehow. Hevesi has repeatedly stated that he won't resign, but the Post says the AG's report will be "explosive" and a "'devastating indictment' of Hevesi's misuse of office," which could then lead the Albany Country DA to indict Hevesi on criminal charges.

The thing is, Hevesi has repeatedly stated he will not resign from office. Winning re-election has emboldened him to say that the voters knew about his "stupid mistakes" but kept in office, so he should be allowed to do his job. And this new report doesn't seem to say anything new. But the Post reports that Hevesi would resign to avoid a criminal indictment. And the resignation process would be a doozy:

If Hevesi resigns his office, he'll be replaced by a vote of the Assembly and Senate, meeting as one, which would put the Democrats in the majority.

Should he be removed by the Senate before the end of the year, Pataki would pick his successor.

In both types of removals, Hevesi could still seek to regain his position on Jan. 1, when his new term in office would begin.

That could lead the removal process to begin all over again.

Graphic from the NY Post - notice has Spitzer is in a suit and tie while Hevesi is in casual garb