ALBANY - Gov. Eliot Spitzer said he will not make public his expected testimony to the Public Integrity Commission on the political scandal in which his aides are accused of tracking the travels of Senate Republican leader Joseph Bruno.

“The reason I can't is because it's their rules, not mine,” Spitzer told The Buffalo News editorial board. “And their rules don't permit it.”

Commission spokesman

Walter Ayres on Friday said the rules of the commission, like its precursor Ethics Commission, prohibit the body from releasing testimony. Spitzer replaced the Ethics Commission as part of his government reform measures. It is controlled by his appointees.

Asked if any person questioned by the commission could request that the testimony be made public, Ayres said:

“Although the law does not allow me to comment about ongoing investigations, I can confirm that it has not been the policy of the commission to provide transcripts of depositions or to allow witnesses to record their testimony.”

Ayres declined to respond when pressed on whether a policy means public release of the testimony was prohibited by the commission.

Spitzer spokesman Errol Cockfield had no immediate comment.

“So much for sunshine and open government,” said Sen. George H. Winner Jr., an Elmira Republican whose committee is also investigating the scandal that has halted bipartisan cooperation in Albany since early summer. “It's a solar eclipse when it comes to his government.”

Winner, who like Spitzer is a lawyer, said the governor could choose to waive his confidentiality in testimony to the Public Integrity Commission. Winner also said the commission could establish rules for the testimony that would make it public, if Spitzer or commissioners desired.

Spitzer campaigned last year as a crusader to open up government. He hasn't testified publicly in the scandal in which two of his top aides are accused of misusing state police to compile records of Bruno's use of state aircraft on days he mixed meetings with lobbyists with GOP fundraisers. Attorney General Andrew Cuomo found no crimes were committed, but found the aides acted improperly. Albany County District Attorney P. David Soares also found no laws were broken and found no proof of a political plot to smear Bruno by releasing the records to a reporter who had requested them.

“I have nothing to say that I haven't said,” Spitzer told the Buffalo News editorial board in repeating that he wants to testify to the Public Integrity Commission.

He has not yet been asked to testify before the commission.

The Spitzer administration, however, continued to fight Winner's subpoenas in court on Thursday in Manhattan. Winner seeks records from Spitzer and records and testimony from his former communications director, Darren Dopp, who has been accused of a leading role in the alleged plot.

“So the stonewalling continues,” Winner said.

Earlier this week, Dopp avoided - at least for now - a possible perjury charge from a grand jury Soares was expected to impanel.

“I have reason to believe the matter has been delayed,” said Dopp's attorney, Michael Koenig. “I am not privy to the district attorney's decision-making process nor the status of their investigation. I would hope and expect that, based upon the facts of the law, charges are not brought against my client.”

Soares wouldn't comment.

AP-ES-12-07-07 1547EST