With Carl Limbacher and NewsMax.com Staff


Friday July 28, 2000; 7:25 PM EDT

Threat by Hillary Pit Bull Spitzer Could Be a Crime, Says Top Lawyer

New York State Attorney General Elliot Spitzer may have committed
a crime when he allegedly threatened to use the powers of his
office to take revenge on WABC-NY talk radio host Sean Hannity
after an interview went badly, a noted New York civil rights
attorney said on Friday.

Spitzer made the alleged threat Thursday afternoon after a
contentious debate with Hannity and author Laura Ingraham about
Ingraham's book on the first lady, "The Hillary Trap."

The attorney general, a key New York state ally of Hillary
Clinton who has recently brought the weight of his office to bear
on issues important to her Senate campaign, was hand-picked to
defend the first lady by the Democratic Party's media operation.

"[Spitzer's threat] is arguably a criminal offense, it is
arguably an impeachable offense," said Ron Kuby, reknowned New
York civil rights attorney who co-hosts his own WABC-NY radio
show with Curtis Sliwa.

After a heated on-air exchange about the merits of Ingraham's
book, Spitzer called Hannity Show producer Eric Stanger to
complain.  He was livid about what he charged was rude treatment
by Hannity during the interview, according to Stanger, who gave
NewsMax.com this account of the attorney general's off-air
warning:

SPITZER: I fully intend to use the capacity of the Office of
Attorney General to act on this.

STANGER: Sir, is that a threat?

SPITZER: You can take that however you want. Well, no, what I
meant was that I'm going call my friends in local government and
tell them to boycott the show.

Kuby described Spitzer's alleged comments to Stanger as
"threatening, menacing and an outrageous abuse of power," adding
that he should immediately apologize.

During the on-air debate, New York's top lawman also tried to
smear Georgia congressman Bob Barr, a staunch opponent of the
Clintons, by mistakenly claiming that Barr had once fathered an
illegitimate child.

"When I was down in Congress recently, I had to sit there and see
Congressman Barr, who is the hypocrite of all hypocrites,"
charged Spitzer.  "Here's a guy who has a child out of wedlock,
who wants to impeach the president because the president didn't
live up to Bob Barr's moral standards."

Asked if Barr had an actionable basis for a libel or slander
claim against the attorney general, Kuby told NewsMax.com:

"Technically, he does have a case, at least in the state of New
York and any other state in which that statement was originally
heard.  Any untrue statement of material fact can sustain a
defamation action."

But the chances of Barr winning damages were slim, said the
lawyer, because his reputation is unlikely to be seriously hurt
by the attorney general's remark.  "I just hope Spitzer is more
careful in his criminal indictments than he is in his public
ones," Kuby added.

Barr's office did not respond to a request for comment.

Mr.  Stanger told NewsMax.com that he had first booked noted
Washington, D.C., attorney Keith Waters on the show to defend
Mrs.  Clinton.  But at the insistence of the Democratic National
Committee's radio services operation, he substituted Spitzer at
the last minute.

"They told me he really wanted to come on the air and talk to
Laura Ingraham," Stanger said.

In December Spitzer released a report suggesting that New York
City police were guilty of racial profiling, a document that Mrs.
Clinton's boosters used to attack her then-Senate race opponent,
New York Mayor Rudy Giuliani.

Clinton and Spitzer joined forces to battle Giuliani in February
in an effort to prevent a housing developer from bulldozing a
Manhattan community garden.

Spitzer refused an invitation Friday to clarify his remarks on
Hannity's show, Stanger told NewsMax.com.

The attorney general's office did not respond to a request for
comment from NewsMax.com by press time.


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