Eric Schneiderman has been a thorn in Donald Trump's side as New York attorney general. Now he's out, having resigned shortly after multiple shocking allegations of sexual abuse were lodged against him in a New Yorker article. Among the allegations, which Schneiderman says he “strongly contests,” are that Schneiderman hit women with whom he was romantically involved and threatened to kill them if they ended the relationship.
The question now is who will replace him and what impact it might have on Trump's ongoing legal issues.
As Philip Bump documents, Schneiderman has been a key antagonist both in Trump's personal life and during his presidency. He sued Trump University for fraud in 2013 in a case that was recently settled, and has also sued the Trump administration over its environmental and immigration policies. Schneiderman and Trump have butted heads in part because Schneiderman was the attorney general in Trump's home state, yes. But Schneiderman was also an ambitious, crusading prosecutor with eyes on Albany, and Trump provided an increasingly perfect foil — as he has for many a Democrat.
Perhaps Schneiderman's most significant role in Trump's presidency, though, has to do with Robert S. Mueller III's investigation — and particularly, the case against Paul Manafort. Given that a president can pardon someone for federal crimes only, Schneiderman is viewed as something of a backstop — the guy who could take up the case against Trump's former campaign chairman for state crimes if Trump effectively wipes Manafort's federal slate clean. Schneiderman has been investigating Manafort, and he has even leaned into the pardon situation pretty publicly. Last month, he asked lawmakers to change the state's double jeopardy law to exempt presidential pardons, which would mean he and local prosecutors could try people at the state level for crimes that have already been tried in federal court. In his letter calling for the change, Schneiderman made clear it was about Trump's apparent pardon deliberations.
In other words, it's not difficult to see why Trump allies are celebrating Schneiderman's resignation.
But that assumes Schneiderman's replacement doesn't pick up right where he left off and isn't just as tough a foe. And New York Democrats say they expect there to be a premium on his replacement bringing the same approach.
“We may see a slowdown in the short term, but maintaining a firewall against Trump policies and sustained action against Trump allies may become a de facto litmus test for the new AG,” said Basil Smikle, the former executive director of the state Democratic Party.
Added New York Democratic consultant Hank Sheinkopf: “The last three New York state attorneys general — [Eliot] Spitzer, [Andrew] Cuomo, Schneiderman — have all aggressively used their offices to take on national issues. Schneiderman’s replacement will likely continue.”
Given the stakes involved right now — and the fact that attorney general is a historical launchpad for becoming governor of New York — the position is likely to draw significant interest. And big names are already floating around, including those of former U.S. attorney general Loretta E. Lynch and former U.S. attorney Preet Bharara.
Bharara had a public spat with Trump after Trump fired him (Bharara said Trump had promised to keep him on), and there have been calls for him to run ever since. But Bharara has insisted he's not interested in running for office, and he has also alienated both Gov. Andrew M. Cuomo (D) and New York Mayor Bill de Blasio (D) with his moves as a prosecutor.
Other possibilities include Reps. Kathleen Rice and Hakeem Jeffries, New York City Public Advocate Letitia James, state Sen. Michael Gianaris, Cuomo's counsel Alphonso David, and Cuomo's former primary challenger Zephyr Teachout. Smikle said he thought Bharara, Rice, James and Teachout would be the most aggressive.
Picking Schneiderman's temporary replacement is technically up to the state assembly, but the chamber is overwhelmingly Democratic. We don't know how quickly a replacement will be selected, but if there will be one before Election Day, it seems likely to come in the next two weeks, so that the state Democratic convention can formally begin the nomination process when it meets later this month. Depending upon the pick and because of the prominence of the position, there could be a contested primary.
“In my view, both New York’s speaker and governor will ensure that New York will not miss a beat with the selection of a dynamic new attorney general who will continue to hold President Trump and his allies accountable for the injustices they cause,” said Charlie King, a top Cuomo adviser and former state party executive director.
Update: The acting attorney general, Barbara Underwood, just issued a statement saying "our work continues without interruption."