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Eric Schneiderman’s Resignation Leads to Speculation About His Successor Replacing Schneiderman Is a Big Job. Some Say It’s One for a Woman.
(about 5 hours later)
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. As New York’s state legislators huddle behind closed doors to select a temporary replacement for the disgraced former attorney general Eric T. Schneiderman, they will be choosing more than just a six-month placeholder for the state’s top legal job.
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. They may also be deciding the future of the outsize responsibility Mr. Schneiderman seemed to envision for the position — a responsibility he treated as not merely enforcing the state’s laws, but defying President Trump and safeguarding democratic ideals.
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. In the wake of Mr. Schneiderman’s stunning resignation Monday night after four women accused him in The New Yorker of physical abuse, whoever replaces him will immediately step into a high-profile, almost celebrity role. As a result, the race to replace him has taken on a significance, and drawn a level of attention, usually reserved more for general elections than for a half-year holdover position, the kind that might normally be bestowed quietly as a résumé ornament upon a longtime political loyalist.
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. Already on Tuesday, elected officials were discussing the symbolism of the role, suggesting that they would like to see a woman, perhaps a woman of color, hold the office for the first time.
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. “The attorney general is a very important position. It’s even more important today, in some ways, because of what’s going on in Washington,” Gov. Andrew M. Cuomo said at an unrelated news conference.
“I think a qualified woman would be great, especially in this time,” Gov. Andrew M. Cuomo said on Tuesday at an unrelated news conference. “I think a qualified woman would be great, especially in this time,” he added.
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. The New Yorker reported that Mr. Schneiderman slapped, choked or spat on at least four women with whom he had been romantically involved. The horrific accusations included alcohol-fueled rages, racist remarks and threats to kill the women or to 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. By Tuesday afternoon, Letitia James, New York City’s public advocate, had emerged as a possible front-runner, according to legislators familiar with the discussions. Under the state’s Constitution, the vacancy will be filled by a joint vote of the State Assembly and the State Legislature, effectively leaving the decision to Assembly Democrats, who comprise a formidable majority of the 213-member Legislature.
Ms. James, who is black, served as an assistant attorney general and public defender before being elected in 2014 to the public advocate position, where she acts as a watchdog over city agencies. She has railed against Mr. Trump’s policies and has advocated for gender pay equity and criminal justice reform.
Reached by telephone, Ms. James declined to comment. Carl E. Heastie, the Assembly speaker, said no decision was imminent, though he said that he expected to finalize details on a process for vetting candidates soon. But he told reporters that “diversity does matter.” Two other sources with knowledge of the Assembly Democrats’ discussions said there was general support for elevating a woman to the role.
For now, at least, a woman will lead the office: The state solicitor general, Barbara D. Underwood, will assume Mr. Schneiderman’s position until the Legislature chooses a successor. In a statement, Ms. Underwood called the office’s work “critically important.”
“Our office has never been stronger,” she said.
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.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.
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.” Regardless of whom the Legislature selects as an interim attorney general, the race will be reopened in the fall for a general election in November. Whoever wins the next four-year term will be closely watched not only in New York but also nationwide, as he or she decides whether to double down on the legal gauntlet Mr. Schneiderman threw down for Mr. Trump. As attorney general, Mr. Schneiderman filed more than 100 legal or administrative actions against Republicans in Washington, sued the Weinstein Company over potential civil rights violations, and moved to change state law so that he could prosecute President Trump’s aides even if he pardoned them.
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. Already, the list of possible contenders is long and growing.
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.” It includes Kathleen Rice, a United States representative from Long Island who unsuccessfully challenged Mr. Schneiderman in the 2010 Democratic primary; Alphonso David, Mr. 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; Carrie H. Cohen, a former federal prosecutor who handled the corruption trial of the former Assembly speaker Sheldon Silver; Representative Sean Patrick Maloney; and Benjamin Lawsky, formerly the state’s top financial regulator.
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. In a possible sign of the elevated visibility of the attorney general’s role, some of the other names that have been floated seemed more like a liberal wish list than a viable ballot lineup: Preet Bharara, the former United States attorney from Manhattan whose feud with Mr. Trump may have outdone Mr. Schneiderman’s, for example — or even Hillary Clinton. (Asked on CNN on Tuesday about the possibility of a bid for the position, Mr. Bharara did not outright dismiss the idea.)
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. Ms. Teachout said on Tuesday that she was “seriously considering running.” Press aides for Ms. Rice and Mr. Maloney both declined to comment, but sources familiar with their thinking each said they were seriously mulling a run. Both are already financially well positioned to launch a bid: Ms. Rice and Mr. Maloney each has more than $1.5 million in campaign cash on hand, as does Mr. Gianaris.
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.” For all the political jockeying, women’s advocacy groups said the succession debate should remain focused on the heart of the attorney general’s role: its core legal responsibilities.
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. “We’re going to have more and more of these cases” of alleged sexual harassment or violence, said Sonia Ossorio, president of New York’s arm of the National Organization for Women, citing the strength of the #MeToo movement. “This role of being the top law enforcement officer in an era where we still have a great deal of discrimination and violence against women — we need someone who can really prioritize that.”
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.
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 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 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.