Schneiderman Resigns, Officially
May 8th - 6:22 pm
Eric Schneiderman has officially resigned as the state’s attorney general, with Barbara Underwood being sworn in on Tuesday afternoon.
Underwood will serve in an acting capacity until the Legislature selects a successor. Underwood herself could be a placeholder candidate until a new AG is elected in November.
In the letter to Assembly Speaker Carl Heastie and Senate Majority Leader John Flanagan, Assembly Minority Leader Brian and Senate Minority Leader Andrea Stewart-Cousins, Schneiderman is brief. His resignation was effective 5 p.m. today.
Schneiderman announced his resignation on Monday night hours after four women in The New Yorker accused of him assault and drug abuse.
2018.05.08 Ltr to Legislative Leaders Re AG Schneiderman Resignation by Nick Reisman on Scribd
Extras
May 8th - 5:10 pm
President Trump declared that he was pulling out of the Iran nuclear deal, unraveling the signature foreign policy achievement of his predecessor, Barack Obama, and isolating the United States among its Western allies.
CIA records on Gina Haspel, Trump’s nominee to be the intelligence agency’s next director, will not be made public, Sen. Richard Burr, the Republican chairman of the Senate Intelligence Committee, said.
Christiane Amanpour will officially replace Charlie Rose on PBS stations across the country.
Roger J. Stone Jr., the self-described political dirty trickster who has served as an informal adviser to the president, sought today to portray his contact with a Trump campaign aide as minimal in response to a report that the special counsel is scrutinizing their ties.
Trump has reportedly been flustered and irritated by the onslaught of negative coverage generated by his new personal lawyer Rudy Giuliani, who has exacerbated his political troubles in recent days with a series of unscripted interviews.
Former AG Eric Schneiderman did not show up to the office on his last day at work.
NYPD Commissioner James O’Neill said that detectives are planning to reach out to the two women who told The New Yorker they were choked and slapped by Schneiderman.
The NYT editorial board on Schneiderman’s replacement: “Whoever serves in this important office should be tough and independent, willing to stand up to Mr. Trump and Mr. Cuomo and — it should go without saying, but now it needs to be said — be a decent human being.”
Barbara Underwood, 73, the state solicitor general and the woman who will temporarily replace Schneiderman as attorney general, is a highly experienced professional lawyer who has argued 20 cases before the U.S. Supreme Court.
Gov. Andrew Cuomo said there is no hurry to find an interim replacement for Schneiderman because the office is in good hands under Underwood, whom he appointed solicitor general in 2007 while serving as attorney general.
Women who allege they were sexually assaulted by disgraced film producer Harvey Weinstein say they feel betrayed in the wake of revelations that Schneiderman, an outspoken voice against sexual misconduct, has been accused of assault by four women.
Two Buffalo names – LG Kathy Hochul and Leecia Eve, one-time counsel to former U.S. Sen. Hillary Rodham Clinton – surfaced in the discussions about possible Democratic successors to Schneiderman. (Hochul wants to run for re-election; Eve is interested).
…more potential Schneiderman replacements here.
Cuomo, raising the possibility of prosecution for Schneiderman, said the allegations against him were “very powerful and damning.”
The First Lady’s office has responded to accusations that Melania Trump’s “Be Best” initiative pamphlet plagiarized the Federal Trade Commission, saying that the initiative is “helping the FTC distribute this booklet.”
Cuomo next month is holding a “best of Broadway” gala fundraiser, featuring performances by the casts of “Dear Evan Hansen” and “Kinky Boots.”
New Square is by far the poorest town in New York.
Cuomo has sent a letter to Lisa Davis, head of Dresser-Rand, criticizing the company’s decision to close its Wellsville plant and offering to help keep it open.
The names of dozens of law enforcement officers who died in the line of duty have been added to the State of New York Police Officers’ Memorial in Albany.
Several WNY Candidates Floated For AG
May 8th - 4:07 pm
Several candidates from Western New York could be interested in the vacancy for New York State’s Attorney General. Among them are Erie County Executive Mark Poloncarz and former Hodgson Russ Partner Leecia Eve.
“Those are really the local names that I’m hearing right now but as I’ve said it’s not even been 24 hours,” Erie County Democratic Committee Chairman Jeremy Zellner said.
Zellner said Poloncarz, who would be slated to run for reelection next year, continues to focus on the county first but is intrigued by the opening.
“I think it kind of fits in well with the way he’s held his office to such high standards,” he said.
The chairman said he’s also spoken with former lieutenant governor candidate Leecia Eve, the daughter of former state Assembly Deputy Speaker Arthur Eve, about her interest too.
“(Eve) was a partner at Hodgson Russ, went to Harvard Law School and is very formidable, has a lot of contacts across the state,” he said.
Zellner originally said he did not think Lieutenant Governor Kathy Hochul was eligible for the seat because she did not practice law in New York State. Later, he learned that was not the case and, as an attorney admitted to practice in Maryland and Washington, D.C., Hochul could be the Attorney General.
For her part, she said she was leaving the decision up to the legislature to fill the vacancy. She did not say she was not interested.
Zellner, meanwhile, said his focus is not on a legislative appointment but rather the upcoming Democratic convention. He said an appointment could make the convention clearer, but he sees the potential for a multi-candidate primary, not unlike when Schneiderman first ran in 2010.
“I think we can’t leave anything on the table with this one,” Zellner said. “I think it’s got to be somebody who can represent the whole state, who has a track record and who is somebody who will work with everyone.”
The chairman said the committee is horrified by the accusations against Schneiderman and believed he did need to step down.
AG Office Takes a Breath
May 8th - 3:12 pm
At some point today, Eric Schneiderman will deliver his formal letter of resignation and Barbara Underwood will become Acting Attorney General for the State of New York. So far, there hasn’t been any large, morale-boosting staff meeting in the Attorney General’s office, but Underwood has been quietly meeting with staff members on an individual basis, most of whom she already knows. The 700 lawyers and 1,800 employees will continue working on the same cases they were working on yesterday, and Underwood was deeply steeped in most of those cases.
But it was a tumultuous 24 hours for the State Attorney General’s Office, to say the least. Sources say reporters from the New Yorker Magazine first called members of the AG press shop on Sunday evening. No one inside knew of any of the allegations until they received that call. A quick check with Human Resources revealed that Schneiderman never had an internal complaint against him in the office for harassment or anything else inappropriate. And from the time of that call until the actual resignation things moved very quickly.
Schneiderman huddled with members of his inner circle including ex-wife Jennifer Cunningham who doled out advice. Communications guru Stu Loeser was quickly hired by Schneiderman as a crisis communications consultant. A handful of other valued staffers in the office were brought in and out of the conversations with the AG and his quickly shrinking inner circle. When the article finally popped just before 7pm on Monday night “There wasn’t much disagreement.” People realized this was not exactly something they could spin their way out of. Schneiderman had already issued a statement that while not outright confirming the allegations, certainly did not vociferously deny them.
The staff began gaming out options. How could Schneiderman ever have a press conference about anything again without being tainted? It quickly became evident that it would be impossible for him to continue to do the job. And while Governor Cuomo swiftly coming out and calling for Schneiderman’s resignation certainly didn’t help matters, no one in the office chimed in and said the words, “Eric should stay and fight” either.
Schneiderman was not actually in the office when the article hit the web, but many of the dedicated staffers at the AG’s office were. Because as one insider put it, “we are underpaid and overworked public servants.”
By all accounts, Underwood is a solid and capable manager and could be someone who rights the ship in this time of crisis. It’s unlikely she has career ambitions beyond helping the office get back on its feet and focusing it on its core mission which is standing up for the people of New York State.
Flanagan: Senate GOP Would Support Keeping Underwood As Acting AG
May 8th - 2:42 pm
Senate Republicans on Tuesday are backing placeholder to remain the attorney general ahead of a general election vote in November.
Acting Attorney General Barbara Underwood will take over for Eric Schneiderman, a two-term Democrat who is resigning today amid allegations of domestic violence and drug abuse.
It’s up to the Legislature to pick the replacement for Schneiderman, but it does not appear, at least for now, that lawmakers can coalesce on a candidate who would be able to turn around and run for a full term four months from now. Assembly Democrats have the vast majority of the votes in a special session and there is case law precedent for them appointing replacements in statewide office vacancies.
“I don’t think anyone should be hand picked,” said Senate Majority Leader John Flanagan. “It shouldn’t be picked by Republicans or Democrats. At some point we have an election. I think you can make a cogent argument for the solicitor general who is already in place.”
Flanagan insisted there was no plan to block a joint session of the Legislature to fill the AG vacancy.
“I believe we’ll have a cooperative effort to work together,” he said. “I’m not particularly worried about that, I don’t want to stand in the way.”
Underwood, who has served as solicitor general since 2007, in a statement said she would continue the work of the office without interruption.
“I am honored to serve the people of New York as acting Attorney General,” she said. “The work of this office is critically important. Our office has never been stronger, and this extraordinarily talented, dedicated, and tireless team of public servants will ensure that our work continues without interruption.”
Former Assemblyman on Schneiderman: ‘My Instincts Were I Didn’t Trust Him”
May 8th - 2:02 pm
Former Democratic Assemblyman and current Buffalo Comptroller Mark Schroeder has never been a fan of Eric Schneiderman, although he struggled to articulate a specific reason why.
The two were members of the state Legislature at the same time, with Schneiderman in the Senate. Schroeder said his worst experiences in Albany were when Democrats took control of the Senate in 2009.
Schneiderman had a leadership role at the time. Schroeder said while they may have been members of the same party, they did not have common goals.
“These are all Democrats from New York City and in my opinion, I hope things have changed, but back then they had an absolute disdain for Western New York, Upstate and for Buffalo,” he said.
In 2010, Schneiderman emerged the winner of a Democratic primary for Attorney General. Schroeder had endorsed his Assembly colleague Richard Brodsky but he said he did meet with Schneiderman first, and came away feeling uncomfortable about the candidate.
“I made a decision that I would never support him only because my instincts were I didn’t trust him,” he said.
Schroeder said eight years ago he appeared at one governmental press conference with the attorney general but they have not stood together since. He said he actively chose not to go to a fundraiser in Buffalo late-last month where Schneiderman was the guest of honor.
Schroeder was also a major critic of former Assembly Speaker Sheldon Silver. He said Silver and Schneiderman were cut from the same cloth, part of an Albany club that seemed to insulate and even promote corruption and wrongdoing.
“Stay away from them,” he said of the the two men, “Because they think they are so powerful and that they can do whatever they want to do whenever they want to do it.”
The former assemblyman said if the allegations against Schneiderman are true, he’s not taking any pleasure in being proven right. Rather he said he’s praying for the attorney general and his family.
In the meantime, he said the Legislature has a golden opportunity to appoint somebody who can stablize the office and restore some of the luster it may have lost over the last 24 hours.
Cuomo Suggests Vance Won’t Investigate Schneiderman
May 8th - 12:47 pm
Gov. Andrew Cuomo suggested Tuesday it should not be up to Manhattan District Cyrus Vance to investigate abuse and domestic violence claims leveled by four women against Attorney General Eric Schendierman.
“You may have multiple district attorneys have no conflicts whatsoever with the attorney general’s office either institutionally or professionally,” Cuomo said. “It’s very important the DAs who do the investigation do not have the whiff or perception of conflict.”
Vance’s office has said it is investigating claims made against Schneiderman, first reported in The New Yorker on Monday night. Vance’s office has been under review by Schneiderman’s office for its handling of sexual abuse and assault claims against movie producer Harvey Weinstein.
“These women should have their day in court,” Cuomo said. “They should have the opportunity to tell a district attorney the facts and circumstances and then let the district attorney or district attorneys make a decision as to whether there was any criminal liability.”
Cuomo praised the women who told their story, calling it “the essence of the #MeToo movement.”
“Change comes when people demand change and change comes when the problem is revealed and exposed,” he said. “That is always step one.”
Heastie: Diversity Counts On AG Pick
May 8th - 12:05 pm
Assembly Democrats emerged from a two-hour closed-door conference on Tuesday morning as Attorney General Eric Schneiderman’s last official day in the job winds down.
Lawmakers are yet to come up with a replacement for Schneiderman and the list of potential candidates to replace him is longer than the IMDB page for Avengers: Infinity War.
But lawmakers, including Assembly Speaker Carl Heastie, have said they are likely to lean toward a more diverse individual to become the next attorney general.
“Even back to my days as a count chair, I always believed in diversity,” Heastie said. “But, again, if it’s in a open primary, that’s up for the voters to decide, but if it’s up to the Legislature to do, diversity does matter.”
Sen. David Carlucci, too, said he beleived a woman should be selected by the Legislature to fill the post.
“I think its time we have a woman leading the attorney general’s office,” said Carlucci, a Rockland County Democrat. “We need diversity, we need to start at the top, we need a top-to-bottom change in our culture.”
But for the moment, amid a sea of names being floated — New York City Public Advocate Tish James, Assemblywoman Helene Weinstein, Nassau County District Attorney Madeline Singas among them — lawmakers are still working out more thorny legal questions of a joint session of the Senate and Assembly, which would be required to fill the post.
Assembly Democrats have the lion’s share of the votes with more than 100 members, but it’s not clear if the Senate would go along with the joint session. But Heastie indicated that as the rest of Albany tries to figure out who may be the next AG, lawmakers are working on the mechanical steps of what’s next.
“It was really around the Legislature’s authority and what can happen,” he said. “We don’t have any definitive answer, direction.”
Nassau County DA Considers AG Post
May 8th - 11:09 am
Add Nassau County District Attorney Madeline Singas to the growing list of Democrats interested in running for attorney general, according to a source on Tuesday.
Singas as a compelling biography, the daughter of immigrants, a liberal and a representative of the suburbs.
“She’s a career prosecutor who has dedicated her life’s work to protecting women and vulnerable victims,” a source close to Singas said this morning. “She’s honored to be considered and is considering her options.”
Singas has been receiving phone calls about the job Attorney General Eric Schneiderman is vacating at the end of the day amid allegations that he physically abused and assaulted four women.
Assembly Democrats have the votes to appoint a replacement for Schneiderman, who could either serve as a placeholder or run outright in November.
Molinaro Wants An Independent AG
May 8th - 10:31 am
Republican gubernatorial candidate Marc Molinaro on Tuesday described his ideal candidate to replace Eric Schneiderman in the attorney general’s office: Someone with independence.
“Like Eric Schneiderman, for too long Andrew Cuomo has enjoyed a free ride from prosecutors and state leaders fearful of his power and political retribution. New Yorkers deserve an independent watchdog who will pursue corruption no matter the party, the perpetrator or the office holder,” Molinaro said in a statement.
It’s up to the Legislature and, given their large majority, the Democratic conference in the Assembly given its 100-plus member majority.
Democrats could pick one of their own to replace Schneiderman, first elected in 2010 out of the state Senate.
Molinaro, however, said he wants someone who is willing to take on Gov. Andrew Cuomo.
“We need a pledge from the next attorney general that they will no longer look the other way and investigate the rampant corruption of the Cuomo administration starting in the Executive Chamber and Division of Criminal Justice Services.”



