Mystery of the blank tape

H. Carl McCall brought along a tape recorder when he was summoned by NYSE lawyers for an interview related to the Dick Grasso pay controversy. Spitzer's office subsequently subpoenaed the tape in May, but that's where the mystery starts. According to The New York Times, a lawyer for Spitzer's office told the judge he had still not received the tape. McCall's camp replied that the assistant who was asked to record the interview had inadvertently not done so. The same lawyer then produced a document averring that Owl Investigations had examined the tapes and found they were blank or erased.

> Here's the New York Times article.
> Here's the New York Post's take.