"For the last two months I have patiently waited for the conclusion of this case," he said.

That conclusion is that Albany County District Attorney David Soares found the scandal in Albany wasn't a crime.

He said, "Our inquiry determined that there is no illegal conduct."

Not only that, but David Soares found no wrongdoing either when Spitzer aides collected travel information on the state's top Republican and provided them to the Albany Times Union.

Soares said, "I do not believe that there was a plot to smear Senator Bruno."

After weeks on the defensive, Spitzer is seizing on Soares' judgment. It's a shift from July, when after a far tougher report by state Attorney General Andrew Cuomo, Spitzer disciplined two top aides, confessing mistakes in dealing with Senate Majority Leader Joe Bruno.

Now with Soares' all-clear, the governor is reversing himself, saying not only was it legal, but he said, "It was also perfectly legal and proper to the executive chamber and the State Police to evaluate the use of state resources and generate records related to that use."

This, even though Cuomo's report found Spitzer's aides -- and his choice to head the State Police -- deviated significantly from their normal duties in their attempt to discredit Bruno.

Spitzer still faces an inquiry from the state Ethics Commission, as well as from Bruno's Republican-controlled Senate. And politically, Bruno is aiming for more damage than Soares gave the governor.

He wants Spitzer to answer questions under oath, publicly -- something Soares didn't make him do.

Bruno said, "It just seems like they gave it the once-over lightly, and it appears they didn't get into depth, they didn't put anybody under oath. And I for the life of me can't understand how you can come to conclusions that there's no malfeasance, there's no criminality, there's not even an ethical breach when you don't put people under oath."

Soares says no oath was needed because no crime was committed. And the governor says his answers would have been the same -- under oath, or not.