State Independence Party Chairman Frank MacKay might try taking a little of his own advice.

MacKay told me earlier today that he would recommend the Oneida County Independence Party “cooperate however they can” with a local DA’s inquiry.

But his own party’s lawyer filed a motion to quash a grand jury subpoena connected with Manhattan DA Cy Vance Jr.’s investigation into the $750,000 funneled through MacKay’s organization to longtime GOP operative John Haggerty.

The motion, filed by Vincent Messina, who argued that he should not be required to testify before the grand jury because it would violate attorney-client privilege and force him to disclose “secrets,” was rejected in court today. As a result, Messina is expected to appear before the grand jury sometime next week.

The subpoena was the fourth issued in connection with Vance’s investigation and called for Messina’s personal appearance on May 27 before the grand jury. But he did not comply.

According to a memorandum of law prepared by by Vance’s chief assistant DA Daniel Alonso, the subpoeana issued to Messina was:

“(N)ecessitated by the paucity of documents produced in response to the three subpoenas, the lack of any indication where the documents came from or what kind of search was performed, the utter inadequacy of the custodian records that the NYSIP did produce and Mr. Messina’s personal involvement in the response to the subpoenas.”

The second and third subpoenas called for the production of documents relating to the party’s personnel and payroll, which exist, according to filings with the state Board of Elections, but have not been provided to the grand jury.

The state Independence Party leaders and their newly-minted standard bearer, AG Andrew Cuomo have insisted Haggerty, not the party itself, is the focus of Vance’s probe. Haggerty has reportedly rejected a plea deal from Vance that could have required him to spend up to a year behind bars.

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