Two weeks ago, then state Attorney General Eric Schneiderman asked for a change in state law to allow him and local prosecutors to bring criminal charges against aides to President Donald Trump in the event they got pardoned.
“We are disturbed by reports that the president is considering pardons of individuals who may have committed serious federal financial, tax and other crimes – acts that may also violate New York law,” Schneiderman said in a statement. “We must ensure that if the president, or any president, issues such pardons, we can use the full force of New York’s laws to bring such such individuals to justice.”
We agree with Schneiderman.
The Constitution grants the president broad powers to issue pardons.
But this president has raised concerns that he would abuse that power by repeatedly terming Special Counsel Robert Mueller’s investigation into possible Russian interference in the 2016 presidential election a “witch hunt.”
He also openly discussed his pardon powers, and reportedly even asked his aides whether he could pardon himself, though one of his lawyers denied it.
And he has also raised concerns about shutting down the Mueller investigation by his repeated criticism of Mueller, Deputy Attorney General Rod Rosenstein and U.S. Attorney General Jeff Sessions.
The state Legislature should follow the lead of other states by expanding the exemption to double-jeopardy projections, freeing New York’s attorney general to prosecute aides who might get pardoned to obstruct the Mueller investigation.
They should do it for the same reason that Schneiderman should now be prosecuted to the full extent of the law – no one in this country, not the state attorney general, not the president, is above the law.
Schneiderman abruptly resigned on Monday night hours after The New Yorker magazine reported that four women had accused him of physically assaulting them.
Two of the women who spoke to the magazine, Michelle Manning Barish and Tanya Selvaratnam, said they had been choked and hit repeatedly by Schneiderman. Both said they had sought medical treatment. Another woman, a lawyer, said she was slapped violently across the face. A fourth woman said she had similar experiences.
All the women in the article, who had been romantically involved with Mr. Schneiderman, said the violence was not consensual. Schneiderman said he “strongly contested” the allegations, attributing his actions to “role-playing.”
Schneiderman is accorded a presumption of innocence in the eyes of the law.
But not in the eyes of the public.
Gov. Andrew Cuomo was among many in the public who immediately and rightly called for Schneiderman’s resignation following the publication online of the New Yorker article.
“I think the article was graphic and definitive in the reporting of the statements, actions, behavior and corroboration,” he said. “I thought it was a very powerful and damning statement of facts.”
Cuomo then proved he was serious in getting to the bottom of the Schneiderman allegations by appointing Nassau County District Attorney Madeline Singas special prosecutor in the Schneiderman case.
Singas has quickly established a reputation for a smart, tough-minded approach to political corruption in Nassau County in a career that makes her especially well suited for the Schneiderman probe.
As an assistant district attorney in Queens, Singas worked in the Domestic Violence Bureau. After joining the Nassau County district attorney’s office, she was appointed chief of the newly created Special Victims Bureau.
New York District Attorney Cy Vance Jr. announced Tuesday that his office had opened an investigation into the allegations concerning Schneiderman.
But Schneiderman’s office had been tasked with investigating the Manhattan district attorney’s office over its handling of a 2015 sex assault probe involving filmmaker Harvey Weinstein that resulted in no criminal charges.
“We have never seen anything as despicable as what we’ve seen right here,” Mr. Schneiderman said of the accusations against Weinstein.
Until now, at least.
The acting attorney general will be Barbara Underwood, the current state solicitor general. Her long history of legal work includes work as both a federal prosecutor in Brooklyn and with the Manhattan, Brooklyn and Queens district attorneys.
The state Constitution requires the Legislature to fill vacancies. We recommend that they avoid the appearance of politics by keeping Underwood until the end of the year or appoint some other nonpolitical choice.
Former U.S. Attorney Preet Bharara would be our first choice.
The Democratic Party can choose a replacement candidate for Schneiderman at its May 23-24 state convention.
Voters will have their chance in September’s primaries and November’s general election to select a permanent successor.
“This is a very important position, and this is a highly charged situation,” said Cuomo. “And I would recommend a deliberate process, an open process.”
The stakes couldn’t be higher. In New York and, perhaps, Washington, D.C.
