ALBANY, N.Y. — Brian Benjamin’s indictment on federal bribery charges came as a “surprise” to Gov. Kathy Hochul, who claimed Wednesday she was caught off guard by the scandal that ensnared her hand-picked right-hand man.
The governor told WNYC’s Brian Lehrer that she made the best decision she could “based on the information I had at the time” when picking Benjamin to be her lieutenant governor last year, despite ethical questions raised before his appointment.
“Clearly, we need a better process. It was very disappointing to me personally how this played out,” she said.
Benjamin resigned Tuesday, hours after he was arrested on charges of bribery, fraud and falsifying records related to an alleged scheme involving illegal campaign donations and state grants.
“You know it was a surprise. It really was, but it was clear to both of us that (Benjamin) cannot continue to serve as lieutenant governor,” Hochul said.
The indictment lays out how Benjamin, while serving as a state senator, allegedly steered a $50,000 state grant to a nonprofit run by Harlem real estate developer Gerald Migdol in exchange for donations to his failed city comptroller campaign. Migdol was arrested in relation to the straw donor scheme last November.
Prosecutors allege Benjamin “repeatedly lied on the vetting forms he filled out before he was appointed lieutenant governor.”
Last year, the Daily News first reported that the 45-year-old Democrat provided incorrect information on a background check submitted to the governor’s office and state police as part of the vetting process for his current position.
On his initial background form, signed and dated Aug. 16, Benjamin reported he hadn’t been contacted by “law enforcement or a regulatory body concerning any possible legal, regulatory, ethical, or campaign finance, infraction or violation or investigation.”
He had, in fact, been contacted by the state Elections Board over his use of campaign funds, and was aware that the Manhattan district attorney’s office and federal prosecutors were already looking at donations made to his comptroller campaign.
Benjamin told The News last week that he had done nothing wrong and “followed the process.”
Hochul, who replaced disgraced former Gov. Andrew Cuomo last year following his resignation over sexual harassment allegations, is taking heat for choosing Benjamin last August despite various news reports about past campaigns and spending issues.
“Just shows a complete lack of experience and a complete lack of judgment,” said state Rep. Tom Suozzi, D-Long Island, who is mounting a primary challenge against the governor. “She’s in over her head.”
Hochul said Wednesday that she is still weighing options for replacing her disgraced second-in-command.
“There’s been absolutely no decisions made,” she said, adding that “there’s a lot of people to consider.”
Complicating matters is that Benjamin will still remain on the Democratic ballot for the June 28 primary despite his resignation and suspending his campaign.
The easiest option to remove Benjamin from the ballot would be for the embattled ex-pol to move out of state, disqualifying him from running. According to his bail conditions, Benjamin will be allowed to travel to Virginia or Georgia while awaiting trial.
“The laws are very complicated,” Hochul said. “It will all be clear when we dive into our options here.”
Asked about speculation that she could attempt to poach Diana Reyna, Suozzi’s running mate, Hochul reiterated that no decisions have been made.
Suozzi, meanwhile, openly encouraged the move.
“The governor should appoint Diana Reyna as lieutenant governor, she absolutely should appoint her, she’s completely qualified. She’d be great at the job,” he said. “The downside for the governor is that she’s endorsed me.”
Reyna, a former City Council member and deputy Brooklyn borough president who will appear on the June ballot against Benjamin and activist Ana Maria Archilla, said she wouldn’t turn down the offer but made clear where her allegiance would remain.
“Kathy Hochul got herself into this mess, and she now has to figure out how to get herself out of it,” she said.
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