Brian Benjamin’s arrest exposes a lapse in judgment for Governor Hochul

The latest corruption scandal rocks Albany, and its timing is surprising: It puts Governor Kathy Hochul, just seven and a half months into office, in a dire position she could have prevented.

Federal charges filed Tuesday against Brian Benjamin of Manhattan, Hochul’s handpicked lieutenant governor, outline a classic Albany scheme. As a state senator, Benjamin allegedly lobbied for a $50,000 state grant to a nonprofit organization controlled by a crony that made illegal contributions to Benjamin’s ill-fated Democratic primary campaign for New York City comptroller.

Additionally, the bribery, fraud, and forgery indictment cites “a series of lies and deceptions to cover up his scheme, including by forging campaign donor forms, misleading city regulators, and providing false information on the investigative forms he filed. Benjamin while being considered to be named the next lieutenant governor” of the state of New York. He allegedly lied twice to state police investigating him.

At least Benjamin, already on the Democratic primary ticket as Hochul’s endorsed running mate, had the sense to resign while facing criminal charges. Silent until more than eight hours after the arrest, Hochul said in a statement that, because of his lack of outrage, he wanted to accept, not demand, Benjamin’s resignation.

Only the political calculations were transparent. Now Hochul owes the audience a detailed and difficult explanation as to why Benjamin stood by him for so long.

The whiff of scandal related to Benjamin’s contributions and other dealings was evident in news reports in January 2021, eight months before she cast him. The indictment even says Benjamin later withdrew the $50,000 Friends of Public School Harlem grant managed by investor Gerald Migdol.

Clearly serious trouble was afoot, but Hochul chose to watch or at least not speak ill. Migdol was charged in November and it should have been clear where this investigation was headed. By then, he should have reconsidered his endorsement of Benjamin, who is running separately in the primary, or pressured him to clarify his position with the feds.

Instead, he expressed “complete trust” in Benjamin, nice perhaps for personal loyalty, but bad for enforcing high standards of ethical conduct. Legislative concessions and contracts have generated irregularities forever. State officials must now really explore what procedural reforms were omitted or what new ones need to be implemented that might have nipped this in the bud.

Under New York’s convoluted election laws, it’s too late to remove Benjamin from the race, barring some legal contortions. Could Hochul find a way to support Diana Reyna, a ticket mate for gubernatorial rival Tom Suozzi? Or would that just turn Suozzi against herself?

That is a problem for Hochul and his group to worry about. The public’s concern has to be whether Hochul can reconcile this debacle and show better judgment and leadership going forward.