Wednesday, April 13, 2022

POLITICO New York Playbook: Benjamin resigns after corruption indictment

Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Apr 13, 2022 View in browser
 
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By Erin Durkin, Anna Gronewold and Deanna Garcia

Brian Benjamin is out as lieutenant governor, resigning hours after he was indicted on federal bribery charges.

"I have accepted Brian Benjamin's resignation effective immediately. While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor," Hochul said Tuesday evening.

Benjamin is accused of funneling $50,000 in state cash to a Harlem real estate developer's nonprofit, in exchange for the developer steering illegal campaign donations his way. He lied about it and covered it up to boot, prosecutors said. "This is a simple story of corruption," said U.S. Attorney Damian Williams. "Taxpayer money for campaign contributions. Quid pro quo. This for that. That's bribery, plain and simple." Benjamin pleaded not guilty in Manhattan federal court and says he'll fight the case, but handed in his resignation in the meantime.

For the second time in less than a year, Senate Majority Leader Andrea Stewart-Cousins is the temporary LG.

Unfortunately for Hochul, the fact that Benjamin is no longer lieutenant governor doesn't mean he's no longer her problem . Like it or not, he will appear on the primary ballot in June unless he dies (alive and kicking last we checked), moves out of state (hard when you're under criminal indictment), or gets nominated for another office (who's hiring?).

Voters will also have the choice of two lieutenant governor candidates teamed up with Hochul's opponents, Ana Maria Archila and Diana Reyna. Hochul could name a new lieutenant governor, but it's too late for that person to get on the Democratic ballot.

Either way, the situation opens her up to attacks on her judgment by opponents from both left and right for having selected Benjamin in the first place and sticking by him until he was under arrest.

Hochul knows better than anyone that a lieutenant governor can be a lot of things, but primarily needs a pulse and a lack of criminal entanglement in the rare case that they do have to step up to take over for the governor. How and why Benjamin made it through a vetting process lacking one of those requirements is now likely to haunt her entire campaign. "Hochul owns this mess," said GOP front runner Rep. Lee Zeldin.

IT'S WEDNESDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold

ABOVE THE FOLD — " Panic in Brooklyn Subway: Police Hunt Gunman Who Shot 10," by The New York Times' Michael Gold: " Hours after a gunman in an orange construction vest released two smoke grenades and fired at least 33 shots on an N train in Brooklyn, hundreds of police officers were searching Tuesday night for a 62-year-old man whom police officials have linked to the shooting. Detectives were seeking to question the man, Frank R. James, about the attack at the 36th Street station in Sunset Park that injured at least 23 people, some of them children traveling to school. Ten of the victims were shot, and 13 suffered smoke inhalation or were injured while fleeing. Five of them were critically hurt, but officials said they all were in stable condition and were expected to survive. The mass shooting — one of the worst outbreaks of violence in the subway in recent history — heightened fears across New York at a time when officials have been confronting a rise in violent crime and struggling to lure riders back to a public transit system hobbled by the pandemic."

WHERE'S KATHY? Attending the International Auto Show, appearing on WNYC's Brian Lehrer Show, speaking at an anti-hate crime rally, and speaking at a 32BJ rally.

WHERE'S ERIC? Making a series of TV and radio appearances to discuss the subway shooting.

 

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What City Hall's reading

New York's public safety mayor faces subway attack while in Covid quarantine, by POLITICO's Danielle Muoio Dunn: In February, Mayor Eric Adams stood in a downtown Manhattan subway station to unveil his plan to improve public safety in the transit system, calling it a central part of his campaign promise to crack down on crime and gun violence in New York City. "Public safety and justice, they are the prerequisite to prosperity," Adams said at the time. "It must begin here in our subway system." Almost two months later, Adams finds himself responding to a horrific shooting in a Brooklyn subway station that injured at least 16 people during the morning rush — all while the mayor is quarantined with Covid-19 … Tuesday's incident comes at a vulnerable point for the mayor, who is typically the first to arrive at the scene of even much smaller crimes. Adams lamented his cloistered situation in a virtual interview with the NY1 news station: "You know me, you know I want to be on the ground," he said from his official Gracie Mansion residence on Manhattan's Upper East Side.

NYPD boosts mayor's security detail in wake of subway shooting , by POLITICO's Sally Goldenberg: The NYPD increased security for Eric Adams Tuesday after complaints about the mayor surfaced on social media in the wake of the subway shooting that wounded 23 commuters. Police also released a photo of a person of interest in the investigation. Officials are seeking Wisconsin resident Frank James, 62, in connection with the shooting aboard a Brooklyn subway train during Tuesday morning's rush hour. NYPD officials are unsure if James is the same person who posted videos to YouTube about a variety of topics that included the mayor's crime-fighting plan, they said during a press conference Tuesday evening. "We're not calling them threats. He made some concerning posts, or someone made some concerning posts. We cannot attribute it to that individual yet; that's under investigation," Police Commissioner Keechant Sewell said.

"In wake of subway shooting, nearby Brooklyn schools shelter in place," by WNYC's Jessica Gould: "In the wake of the subway shooting in Sunset Park Tuesday morning, schools spanning a swath of Brooklyn were told to lock their doors and keep children and staff inside while police searched for the suspect. 'Following the incident this morning in Sunset Park, out of an abundance of caution and for the safety of our students we have placed all schools in the area in a shelter-in-place,' Schools Chancellor David Banks said in a statement … Emails from two principals said that all District 15 schools were under lockdown. District 15 includes Boerum Hill, Carroll Gardens, Gowanus, Park Slope, Windsor Terrace, Fort Greene, Red Hook and Sunset Park."

— Uber and Lyft will refund customers hit with surge pricing in the wake of the subway shooting.

— Sunset Park teachers kept students calm during the lockdown.

— Following the Brooklyn subway shooting, several East Coast cities are expanding security on their subway systems.

" Problems with New York's subway cameras date back years," by The New York Times' Ana Ley and Anushka Patil: "The lack of security camera footage from the 36th Street subway station has become a significant obstacle in efforts to detain the gunman in Tuesday's attack, putting the Metropolitan Transportation Authority's surveillance system under renewed scrutiny. Mayor Eric Adams said a "malfunction" was the reason that at least one camera at the station failed to capture anything. M.T.A. officials claimed on Tuesday that no more than 1 percent of the subway system's cameras are out of service at any given time. One senior law enforcement official said that it appeared none of the station's cameras were in full operation at the time of the shooting on Tuesday. It is unclear exactly how many cameras were at the station. The official requested anonymity because it is an ongoing case."

"Gov. Hochul promises to extend Mayor Adams' control of NYC schools," by New York Post's Cayla Bamberger: "Gov. Kathy Hochul vowed on Tuesday to get legislation passed that would extend Mayor Eric Adams' control over New York City public schools. 'We will get mayoral control done by the end of the session, when it expires,' in June, Hochul told PIX 11. 'No doubt about it.' Hochul had included a four-year renewal of mayoral control in her initial proposal for the state's 2023 budget, but both the state Assembly and Senate nixed it from their chambers' plans. The measure was left out of the $220 billion budget finalized Saturday."

WHAT ALBANY'S READING

"Hochul says she 'got sweet spot' on bail reform, defends $850M for Buffalo Bills," by New York Post's Amanda Woods and Sam Raskin: "Gov. Kathy Hochul on Tuesday defended her handling of the key sticking points of the late state budget — declaring she "got the sweet spot" on bail reform changes and that the publicly funded new stadium for the Buffalo Bills was justified because other cities were 'very interested' in hosting the NFL franchise. During a pair of TV appearances, Hochul insisted she struck the right balance between maintaining equity and public safety with the agreement she and state lawmakers reached last week to tweak controversial progressive criminal justice policies enacted in 2019. 'We took on the criminal justice issues and [made] sure that the bail reform was revised in a way that was smart. These were tough battles, because there's a lot of passion on both sides of the debate,' she told the hosts of Fox 5's 'Good Day New York.'"

"Expansion of Kendra's Law, Funding for Psychiatric Beds Part of State Budget Decisions on Mental Illness Policy," by Gotham Gazette's Ethan Geringer-Sameth: "The change to the state's mental hygiene law, one of a handful of contentious final proposals pushed by Governor Kathy Hochul, was among the last questions lawmakers labored over before delivering an overdue budget for the new fiscal year, which began April 1. The expansion of Kendra's Law, which makes it easier for people to petition courts and for judges to impose treatment, comes after a fatal subway attack in February by an alleged assailant reported to have long-suffered from serious mental illness. In response to that and other incidents, a rising chorus, led by Mayor Eric Adams and Hochul, called for both the expansion of Kendra's Law and its more frequent use. Others, however, say the power to coerce mental health treatment comes with due process concerns and should be used only in rare circumstances with robust guardrails in place. There are currently 3,440 people under an AOT order, including 1,496 in New York City, according to data from the state Office of Mental Health."

"NY to Make Absentee Ballots More Accessible for Voters with Disabilities ," by City Limits' Jeanmarie Evelly: "'My experience has been every time that I vote—and I'm 51 years old right now—if I didn't have a family member, husband, mother, someone come with me, I could not vote,' McLennon-Wier said. 'I could never ever vote independently, which is horrible to say.' But that's set to change. A federal court last week approved the terms of a settlement agreement that requires the NYS Board of Elections create a statewide remote accessible vote-by-mail (RAVBM) system, which would use HTML ballots compatible with screen-reader software so that voters who are blind, or have other print disabilities, can read and mark them independently."

"What do voters want in a lieutenant governor?" by Spectrum's Nick Reisman: "The lieutenant governor's job is a little regarded one in state government in New York. Only mentioned in passing in the state constitution, the job often consists of ceremonial ribbon cutting, presiding over the state Senate and waiting for something to happen to the governor. But a poll released Tuesday by Unite NY and conducted by John Zogby Strategies found voters do care about who fills the job. The poll found 88% of voters surveyed in the state believe the lieutenant governor should have the "readiness to lead immediately" as their most important trait. And it's not necessarily an academic concern for a post former Lt. Gov. Richard Ravitch once described as the "most useless experience" of his life. Malcolm Wilson, Mario Cuomo, David Paterson and Kathy Hochul all served as lieutenant governor before resignation, election or scandal led them into the top job."

#UpstateAmerica: Rochester is "heartbroken" over the death of beloved peregrine falcon Beauty, who nested at two downtown highrises for more than a decade, but hope remains.

 

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AROUND NEW YORK

— A gay couple filed a class-action discrimination complaint against the city for refusing to pay for fertility services that would be covered for other employees.

— Columbia University , Barnard College and Pace University have brought back mask mandates.

— Queens elected officials condemned an alleged hate attack on a Sikh man visiting Richmond Hill.

— State Comptroller Tom DiNapoli backed an effort to wean banks from fossil fuels.

— A team of researchers from the Capital Region were among the first recipients of a new state Biodefense Commercialization Fund grant for their work on an antiviral nasal spray.

— A series of shootings, which occurred in a span of six hours, in the Bronx and Brooklyn Tuesday night left three dead and 12 people injured.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: NBC's Justice Gilpin-Green, celebrating her 30th on safari in South Africa with her boyfriend Brian Wanglin … Edelman's Sujata Mitra and Kate Meissner … CNN's Nathaniel MeyersohnWill Davis of the OECD Washington Center … SKDKnickerbocker's Mia Motley … Bloomberg's Ayanna Alexander … Bloomberg's Jeannie Baumann (h/t Nihal Krishan) … Mercury's John Gallagher Stu Barnes Alex Lam Marlo Paventi Dilts (was Thursday): Bill Bryant

MEDIWATCH – " CNN+ struggles to lure viewers in its early days, drawing fewer than 10,000 daily users," by CNBC's Alex Sherman

– CLICKER – "Watch the Corporate Puff Piece Chris Cuomo Aired to Silence an Accuser," by Washington Free Beacon's Eliana Johnson 

– FIRST IN PLAYBOOK -- CBS' "60 Minutes" is slated to air a story this Sunday led by Bill Whitaker on the cybersecurity consequences of the Russian invasion of Ukraine and how the Biden administration is preparing for potential cyber attacks, two people familiar with the upcoming piece told Daniel Lippman. Among others, CISA director Jen Easterly has been interviewed for the piece.

– Libby Shoemaker has left Bloomberg TV where she was an associate producer and is heading to UPenn's Wharton business school. She is also an alum of NBC News, where she won an Emmy.

OUT AND ABOUT -- French Ambassador Philippe Etienne hosted a Decoration Ceremony 
for Kevin Sheekey and presented him with the Chevalier d' L'Ordre National du Merit at the residence Tuesday night to thank him for his friendship and support of France and his leadership on Climate Issues. Mike Bloomberg also spoke and Kevin thanked the French for the honor and Mike for his leadership on these issues. Pic

SPOTTED: Steve and Amy Ricchetti, Rufus Gifford, UK Ambassador Karen Pierce, Didem Niscanci, Patti Harris, Dina Powell McCormick, Joel Johnson, Steve Schmidt, Rick Davis, Mark Ein, Luke Russert, Jim Steyer, Tammy Haddad, Jason Schechter, Bill Knapp, Mary Schapiro, Mark Shriver, Sally Donnelly, Michael Nutter, Adrienne Elrod, Margaret Talev, Linda Douglass and John Phillips, Sabrina Singh, Kaitlan Collins and David Chalian.

Real Estate

"Facebook Adding Manhattan Office Space in Latest NYC Expansion," by Bloomberg's Natalie Wong: "Facebook is adding more offices in Manhattan. The Menlo Park, California-based company, now known formally as Meta Platforms Inc., is planning to take roughly 300,000 square feet (28,000 square meters) at 770 Broadway, a property near Astor Place where it already has space, according to people familiar with the matter. With the new lease, Facebook will have nearly the entire building."

Two Brooklyn development projects with 438 new apartments slated for City Council approval, by POLITICO's Janaki Chadha: The City Council is expected to approve two private development projects that would bring over 400 residential apartments to central Brooklyn.Key Council committees green-lighted both proposals Tuesday with the support of local Council Member Crystal Hudson, who'd previously opposed the projects… Hudson detailed commitments she had received from the two developers of the projects — at 870-888 Atlantic Ave., by Y&T Development, and at 1034-1042 Atlantic Ave., by EMP Capital. The projects were approved by the Council's zoning subcommittee and full land use committee and are slated for approval by the full Council.

 

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