ALBANY, N.Y. -- This week, Albany County DA David Soares released his report on Troopergate. It says that former Governor Eliot Spitzer lied about his involvement. The report also contradicts findings made public in September.

The investigation focused on who leaked the records of Senate Majority Leader Joe Bruno's use of state aircraft to the media. Soares says his office will present these findings to a grand jury, but since Spitzer already resigned and never testified under oath, he cannot face prosecution.

Why is that and how does the issue of executive privilege play into the release of any testimony related to the case?

Here to help explain is our Legal Eagle, Paul DerOhannesian.