July 22, 2010

Dear Chairman MacKay:

I regret to inform you that at this time, I can no longer seek the nomination and endorsement of
the State Independence Party for New York State Attorney General.

In recent days, several allegations of possible misconduct related to your position as Chairman
have been brought to the attention of my office. As the Richmond County District Attorney, it is my
sworn duty and obligation to fully investigate any claims of wrongdoing. In order to preserve the
integrity of my office and the integrity of any possible investigation undertaken, given your role in our
investigation, I hereby remove myself from your consideration for the Independence Party’s nomination.

Both you and the public should have confidence that any action being undertaken by my office is
being done fairly and impartially. New Yorkers should have faith that our system of justice is not being
compromised and that any resulting decision or conclusion was reached through due process of the law.

I am committed to upholding the integrity of my office and our justice system and as a result,
must request that I be removed from your consideration at this time.

Sincerely,

Daniel M. Donovan

Via: Email and Fedex