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Schneiderman’s Resignation Leads to Turmoil and Speculation About His Successor Eric Schneiderman’s Resignation Leads to Speculation About His Successor
(about 2 hours later)
The sudden resignation of Eric T. Schneiderman, the New York attorney general who stepped down after allegations that he had physically abused multiple women, set off an immediate storm of speculation in New York about his potential successor. If there were any question whether the New York attorney general, Eric T. Schneiderman, could withstand the accusations by four women of physical abuse, he answered it quickly: Three hours after the allegations surfaced on Monday, Mr. Schneiderman announced his resignation.
Even before Mr. Schneiderman announced his resignation late Monday evening, just hours after The New Yorker first published the accusations, New York’s political circles were already abuzz with talk of who would replace him — and what would happen to his many legal challenges to the Trump administration. His departure, however, opened an array of new questions, about topics ranging from the fate of Mr. Schneiderman’s many legal challenges to President Trump, the possibility of a criminal prosecution of Mr. Schneiderman and the race to succeed him as the state’s top law enforcement officer.
The remainder of Mr. Schneiderman’s term — he had been the heavy favorite to win a third term in November — will be filled by someone chosen by the State Assembly and State Senate, which under New York’s Constitution make the choice by joint ballot. That effectively places the decision in the hands of the Assembly, which comprises an overwhelming majority of the state’s legislators and is dominated by Democrats. The last question took on particular significance given the prominent — and now, many said, ironic — role that Mr. Schneiderman occupied in New York and national politics, as a staunch and outspoken advocate for women’s rights and supporter of the #MeToo movement.
“The effective choice is with the Speaker,” said Gerald Benjamin, a political-science professor at SUNY-New Paltz, referring to Carl E. Heastie, the leader of the Assembly Democrats. According to the accusations published in The New Yorker, Mr. Schneiderman slapped, choked or spat on at least four women with whom he had been romantically involved, two of whom spoke on the record. The horrific accusations included alcohol-fueled rages, racist remarks, prescription drug abuse and threats — including to kill the women or use his power as the state’s top law enforcement officer against them if they defied him.
Names of potential successors proliferated quickly and included Kathleen Rice, a United States representative from Long Island who unsuccessfully challenged Mr. Schneiderman in the 2010 Democratic primary; Preet Bharara, the former United States attorney from Manhattan; Alphonso David, Gov. Andrew M. Cuomo’s chief counsel; Michael Gianaris, a state senator from Queens and chief political strategist for the Democratic conference; Zephyr Teachout, a Fordham Law School professor who ran for governor in 2014; Helene Weinstein, who chairs the Assembly’s Ways and Means Committee; and Benjamin Lawsky, formerly the state’s top financial regulator. As various names were floated as possible replacements — either in an interim capacity or as a candidate for a new four-year term in the general election in November — there was growing sentiment among leading Democrats in New York that a woman should get the job.
None have publicly expressed interest, and it is unclear whether they would also seek to run in the general election in November. “I think a qualified woman would be great, especially in this time,” Gov. Andrew M. Cuomo said on Tuesday at an unrelated news conference.
New York’s solicitor general, Barbara D. Underwood, will lead the office in the meantime, according to Amy Spitalnick, a spokeswoman for the attorney general’s office. Ms. Underwood, a graduate of Harvard and Georgetown, has argued 20 cases before the Supreme Court and served as a clerk for former Justice Thurgood Marshall. For now, a woman will lead the office: The state solicitor general, Barbara D. Underwood, will assume Mr. Schneiderman’s position until the State Assembly and State Senate choose a successor by a joint ballot.
According to The New Yorker, Mr. Schneiderman slapped, choked or spat on at least four women with whom he had been romantically involved, two of whom spoke on the record. The horrific accusations included alcohol-fueled rages, racist remarks, drug abuse and threats — including to kill the women or use his power as the state’s top law enforcement officer against them if they defied him. In a statement, Ms. Underwood called the office’s work “critically important.” “Our office has never been stronger,” she said.
Politicians and pundits in both parties joined in swift and unsparing condemnation of Mr. Schneiderman. But the conversation quickly turned partisan, given Mr. Schneiderman’s meteoric rise as a relentless and outspoken legal foe of Mr. Trump who had sued the federal administration more than 100 times over policies ranging from immigration to taxation. Ms. Underwood, a graduate of Harvard and Georgetown, has argued 20 cases before the Supreme Court and served as a clerk for former Justice Thurgood Marshall. She is the first woman to occupy the office.
Prominent Republicans nationwide reveled in the news. Donald Trump Jr. mockingly shared several old tweets from the attorney general, in which he had denounced the president and expressed solidarity with victims of sexual assault; “This didn’t age well,” he wrote. Kellyanne Conway, the president’s counselor, wrote in a tweet that Mr. Schneiderman had been “drunk with power.” By early Tuesday, the president had not commented on Mr. Schneiderman’s resignation. Zachary W. Carter, New York City’s corporation counsel, called Ms. Underwood, who worked as his assistant when he was the United States attorney for the Eastern District of New York, “brilliant,” adding that “her North Star has always been doing the right thing under all circumstances.”
Mr. Schneiderman’s fellow Democrats had also called on him to step aside, with Mr. Cuomo, Senator Kirsten Gillibrand and Mr. Heastie saying the attorney general was incapable of continuing in his office. The Assembly Democrats met in a private conference on Tuesday morning. Afterward, two sources with knowledge of the group’s discussions said it had not discussed specific names. But they suggested that the members seemed to agree they would like to see a woman fill the role, and possibly a woman of color.
And people in both parties were quick to point out that some right-wing pundits who blasted the attorney general were also staunch defenders of President Trump, who has himself been accused of a slew of sexual abuse. Carl E. Heastie, the Assembly speaker, who as the leader of that chamber’s Democrats is likely to play an outsize role in the Legislature’s selection process, said “diversity does matter.”
While Mr. Schneiderman’s resignation signals the probable end of a career that many had seen as gaining quick national prominence, the legal fallout is most likely only beginning. The list of possible contenders to succeed Mr. Schneiderman is long and growing. Almost immediately after the allegations were first published, political observers began floating names.
They included Kathleen Rice, a United States representative from Long Island who unsuccessfully challenged Mr. Schneiderman in the 2010 Democratic primary; Preet Bharara, the former United States attorney from Manhattan; Alphonso David, Gov. Andrew M. Cuomo’s chief counsel; Michael Gianaris, a state senator from Queens and chief political strategist for the Democratic conference; Zephyr Teachout, a Fordham Law School professor who ran for governor in 2014; Letitia James, the New York City public advocate; Carrie H. Cohen, a former federal prosecutor who handled the trial of the former Assembly speaker, Sheldon Silver; Representative Sean Patrick Maloney; and Benjamin Lawsky, formerly the state’s top financial regulator.
None except Ms. Teachout has publicly expressed interest, and it is unclear whether they would also seek to run in the general election in November. Ms. Teachout said on Tuesday that she was “seriously considering running.”
Ms. James declined to comment when reached by phone. A spokesman for Mr. Maloney also declined to comment. But a source familiar with his thinking said Mr. Maloney was “very seriously exploring” a run in November.
While Mr. Schneiderman’s resignation signals the probable end of a career that many had seen as gaining quick national prominence — he had emerged as something of a liberal darling, filing more than 100 legal or administrative actions against the Trump administration and congressional Republicans — the legal fallout is most likely only beginning.
A spokesman for Cyrus R. Vance Jr., the Manhattan district attorney, said Mr. Vance’s office had opened an investigation into the allegations in The New Yorker article. Mr. Schneiderman had, at the direction of Mr. Cuomo, himself been probing Mr. Vance’s office over questions about its handling of groping allegations against the film mogul Harvey Weinstein in 2015. A spokeswoman for the attorney general’s office did not immediately comment on whether that review would continue.A spokesman for Cyrus R. Vance Jr., the Manhattan district attorney, said Mr. Vance’s office had opened an investigation into the allegations in The New Yorker article. Mr. Schneiderman had, at the direction of Mr. Cuomo, himself been probing Mr. Vance’s office over questions about its handling of groping allegations against the film mogul Harvey Weinstein in 2015. A spokeswoman for the attorney general’s office did not immediately comment on whether that review would continue.
Separately, Mr. Cuomo also said on Monday that he would direct an “appropriate New York district attorney” to investigate the allegations. An administration official said Monday that the governor’s office wanted to avoid any conflict of interest and ensure the proper jurisdiction, given the attorney general’s review of Mr. Vance and the fact that some of the alleged abuse occurred on Long Island. Separately, Mr. Cuomo also said he would direct a district attorney, or possibly multiple, to investigate the allegations, which took place in a number of counties and thus could fall under multiple jurisdictions.
“I want to make sure the district attorneys have no conflicts whatsoever with the attorney general’s office, either institutionally or personally,” he said. When asked if Mr. Vance should recuse himself, Mr. Cuomo said “it’s an issue that we have to look at.”
Mr. Schneiderman had been in contact with a criminal defense lawyer late Monday afternoon to advise him on his response to The New Yorker, according to two people with knowledge of the matter. Later, an associate of Mr. Schneiderman was looking for a lawyer to represent him in connection with the criminal investigation, several other people with knowledge of the matter said.Mr. Schneiderman had been in contact with a criminal defense lawyer late Monday afternoon to advise him on his response to The New Yorker, according to two people with knowledge of the matter. Later, an associate of Mr. Schneiderman was looking for a lawyer to represent him in connection with the criminal investigation, several other people with knowledge of the matter said.
Mr. Schneiderman has denied wrongdoing, describing the acts as part of consensual relationships.Mr. Schneiderman has denied wrongdoing, describing the acts as part of consensual relationships.
Several women’s groups that had previously supported Mr. Schneiderman — he was known for being an outspoken advocate for women’s advancement, especially reproductive rights — expressed shock and sorrow. The National Institute for Reproductive Health, which had honored the attorney general at a May 1 luncheon, said in a statement that it was “appalled and horrified.” (By Tuesday, the group had removed Mr. Schneiderman from its list of honorees.) Sonia Ossorio, president of New York’s arm of the National Organization for Women, which endorsed Mr. Schneiderman in his 2010 and 2014 campaigns, said she was “in shock.” Several women’s groups that had previously supported Mr. Schneiderman — he was known for being an outspoken advocate for women’s advancement, especially for reproductive rights — expressed shock and sorrow. The National Institute for Reproductive Health, which had honored the attorney general at a May 1 luncheon, said in a statement that it was “appalled and horrified.” (By Tuesday, the group had removed Mr. Schneiderman from its list of honorees.) Sonia Ossorio, president of New York’s arm of the National Organization for Women, which endorsed Mr. Schneiderman in his 2010 and 2014 campaigns, said she was “in shock.”
“I’m just beside myself right now,” she said.“I’m just beside myself right now,” she said.
And political observers said the news would further erode public trust in Albany, which has been roiled repeatedly by corruption trials, sexual harassment scandals and other ethics controversies.
Douglas Muzzio, a political-science professor at Baruch College, said the allegations were “another blow” to our “trust in government officials and in the institutions of government itself.”