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Saturday, Dec. 24, 2005 11:16 a.m. EST

Eliot Spitzer in Second 'Threat' Flap

A second accuser now says that New York State Attorney General Eliot Spitzer threatened to use his office against him - after he publicly criticized the top Empire State Democrat.

John Whitehead - a former head of Goldman Sachs who now runs the Lower Manhattan Development Corp. - says Spitzer threatened to "come after" him after he wrote an op-ed piece in the Wall Street Journal last April complaining that the AG was overzealous in his prosecutions.

After the piece appeared, Whitehead said Spitzer personally called him to declare "war."

"It's now a war between us and you've fired the first shot," Whitehead quoted Spitzer as saying. "I will be coming after you. You will pay the price. This is only the beginning and you will pay dearly for what you have done. You will wish you had never written that letter.'"

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  Spitzer spokesman Darren Dopp denied his boss had threatened anyone, calling Whitehead's recollection of the phone call "inaccurate."

But it isn't the first time that the New York AG - who's the frontrunner for the Democratic nomination in next year's gubernatorial race - has been accused of using his office to make threats.

After a contentious July 2000 interview with ABC Radio host Sean Hannity, Spitzer called back off the air and allegedly threatened to "'use his capacity as Attorney General' against [Hannity] - according to the host's then-producer, Eric Stanger, who took the call.

After Stanger recounted Spitzer's words on-the-air, Hannity responded: "I'd like to know what that threat means. It's not my fault that he embarrassed himself on this radio show."

Fellow radio host Laura Ingraham, who had also participated in the earlier debate, wondered: "Is he going to arrest you?"

A lawyer herself, Ingraham then noted:. "I think it's a misuse of office to take action against individuals who are not accused of any wrongdoing."

On Saturday, New York State Republican gubernatorial hopeful William Weld reacted sharply to Whitehead's allegation against Spitzer, with spokesman Dominick Ianno telling the New York Post: "This was wildly improper for a prosecutor and it would be even more unbecoming for a governor."

"The vituperative manner displayed by Mr. Spitzer toward John Whitehead is the same manner he reportedly has used in dealing with litigants in cases before him," he added.

Neither Weld nor Ianno were apparently aware of the earlier allegation against Mr. Spitzer.

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