Government

New Yorkers Get To Decide Who Will Be Trump’s Next Nightmare

The NYAG primary is on Thursday, and New York Registered Democrats will shape the resistance.

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This year, out of respect for some high holy days, the New York statewide primary is being held on Thursday, September 13th.

It’s going to be a thing. In a year of incredibly energy on the Democratic side, New York’s closed primaries (only those registered with a party can vote in their party’s primary) will be hotly contested.

For New Yorkers, clearly the most important election will be for New York State Attorney General. The NYAG is position of national importance, given the times we live in. All of President Donald Trump’s various and potentially corrupt businesses are under the purview of the NYAG. The NYAG cannot be removed or slowed by the U.S. Attorney General… whoever that turns out to be after the midterms. And, anybody convicted for state crimes by the NYAG’s office cannot be pardoned by the President.

Elsewhere in the state, “establishment” Democrats might be battling it out with “progressive” Democrats in a battle for the party’s soul, or subway system, at the very least. But in the NYAG race, it’s really four Democrats who are trying to assure New Yorkers, and the country at large, that they have what it takes to resist Trump. They’re also trying to convince voters that they have what it takes to resist Albany, which is probably even harder to pull off.

And the Trump investigation isn’t the only thing on the ballot. The NYAG can be seen as the “regulator of last resort” of Wall Street. Good old “Client #9,” Eliot Spitzer, raised the NYAG’s profile to one of national prominence, and no NYAG since has relinquished it.

This primary wasn’t supposed to happen. Former New York Attorney General Eric Schneiderman was running basically unopposed. Then, you know, he turned out to be an asshole.

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NYAG is either a stepping stone into national political prominence, or the pinnacle before national political embarrassment.

As state attorney general primaries go, it’s really an embarrassment of riches in New York. All four main candidates are smart and accomplished. But let’s run through them quickly, in alphabetical order:

Leecia Eve: She’s a former Port Authority Commissioner and has been an aide to Hillary Clinton, Joe Biden, and Andrew Cuomo. Beyond politics, she used to be the VP for governmental affairs are Verizon Wireless. J.D. from Harvard.

Letitia “Tish” James: James is the current New York City Public Advocate, and was thought to be considering a run against Bill de Blasio for NYC Mayor. Although she didn’t ultimately run against him, she has been endorsed by de Blasio’s arch-nemesis, New York Governor Andrew Cuomo. Whether Cuomo’s endorsement helps her or hurts her in the primary remains to be seen. J.D. from Howard.

Sean Maloney: He’s the Democratic Congressman from the 18th district in upstate New York. Before Congress, he served as an attorney for both Eliot Spitzer and Bill Clinton. J.D. from UVA.

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Zephyr Teachout: Teachout is a law professor at Fordham. Last cycle, she ran against Andrew Cuomo as a progressive challenger. Before the primary, she was working on the Emoluments lawsuit against the Trump administration. J.D. from Duke.

The primary field is incredibly diverse, not just in terms of experience and background, but also identity. Eve and James are African-American women. Maloney is the first openly gay Congressperson to win in New York. Teachout is campaigning while pregnant. Even the Republican candidate, running unopposed in his primary, Keith Wofford, is African-American. Wofford is a partner at Ropes & Gray, J.D. from Harvard.

Choosing between these candidates is difficult. I’m going to take the rare (for me) step of keeping my opinion to myself as between the candidates.

But, each candidate also raises some concerns. Eve comes with a certain corporate sheen that might not play well in a progressive primary. Cuomo’s endorsement has some questioning whether James can hold Albany to account if she and Cuomo win their primaries. Maloney would have to give up his Congressional seat if he wins the primary, potentially opening the door for a Republican to win his upstate and not-at-all solidly Democratic district in a year when Democrats are trying to flip control of the House. And Teachout has never served in public office.

And, because this is New York State politics, the primary has not been all rainbows and roses between the candidates. Most notably, Teachout has sued Maloney for alleged campaign finance violations, claiming that he funnelled money from his Congressional reelection fund into the AG’s race.

But if you are a registered Democrat in New York State, you really must get out to vote on Thursday. Whoever wins this primary has an excellent chance of swamping Wofford in the general election in a blue state during a potential “blue wave.” That means this primary is where to register your opinion on how best to hold Trump, Wall Street, and Albany accountable.

If you favor the most aggressive prosecution of the Trump family and Wall Street, Teachout seems to be your candidate. James has said that she does “not” want to be known as “The Sheriff of Wall Street,” and Teachout and Maloney immediately piled on, saying they welcome the regulatory role played by the AG. However, Maloney has voted for some roll-backs of Dodd-Frank, which has caused him some problems. Then again, Maloney clearly knows his way around the political concerns of using his power, while Teachout doesn’t have that kind of direct political experience.

If, on the other hand, you favor an anti-corruption crusader for the people of New York, James or Eve seem like you candidates. James’s experience as New York Public Advocate seems on-point for taking on corruption in Albany, but Eve has the benefit of NOT being endorsed by Andrew Cuomo. Eve is the one who got the endorsement of the Albany Times Union, and they know how bad Albany is better than most.

Figure out who you’re going to vote for, and go do that on Thursday. It’s important. Given the fact that the 2020 nomination race will probably be all but decided by the time the primaries get to New York, it’s probably the most important vote New York State Democrats will make for a long time.

Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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