[Inonanialry]

N.Y. / Region


“It’s got to be a very frustrating and even painful process” [...referring to Mr. Cuomo’s position] “In a campaign, you would know what to do. But it’s unclear what the rules are here. And that just adds to the frustration.”

Assemblyman John J. McEneny,
Albany Democrat

Kennedy Brand Leaves Cuomo Feeling Stymied


Nathaniel Brooks for The New York Times

Andrew Cuomo, New York’s attorney general, has been restrained in his effort
to gain the seat held by Hillary Rodham Clinton.

By DANNY HAKIM and RAYMOND HERNANDEZ
Published: December 19, 2008


ALBANY — As Caroline Kennedy embarked on a tour of upstate New York this week, camera crews and reporters in tow, the state’s attorney general, Andrew M. Cuomo, was announcing a $2.7 million settlement with the operator of an illegal dump in Lackawanna.

Ms. Kennedy ended up on the cable television networks, in national newspapers and on blogs everywhere. Mr. Cuomo got a story in The Buffalo News.

Since he returned to the state capital two years ago, Mr. Cuomo, son of a former governor, has thrown himself into his job, tackling issues large and small. And he has softened the in-your-face style that earned him enemies years ago.

So when it became clear that the Senate seat held by Hillary Rodham Clinton would become open, Mr. Cuomo restrained himself from overt campaigning and retreated to the background. That left the stage to Ms. Kennedy, who has marched out front and become the candidate everyone is talking about — and the favorite for the appointment.

That, friends say, has left Mr. Cuomo feeling outfoxed and frustrated. “It’s driving him crazy,” said one confidant of Mr. Cuomo’s, who spoke to the attorney general about the Senate seat this week. “He’s boxed in. He can’t do anything except fume, and he is fuming.”

Assemblyman John J. McEneny, an Albany Democrat and a longtime observer of New York politics, suggested the process was especially vexing to Mr. Cuomo because it was not clear how aggressive those under consideration by the governor should be.

“It’s got to be a very frustrating and even painful process,” he said, referring to Mr. Cuomo’s position. “In a campaign, you would know what to do. But it’s unclear what the rules are here. And that just adds to the frustration.”

Gov. David A. Paterson, who will make the appointment, has said that he and Mr. Cuomo have discussed the position, but will not say more, and Mr. Cuomo has been circumspect in public.

“We had this conversation,” Mr. Cuomo told a reporter in the capital this week. “The decision is up to the governor.”

Mr. Cuomo’s aides insist that he has not asked for the job and is content as attorney general. He has plenty on his plate, including possibly involving his office in the federal case against the financier Bernard L. Madoff.

As for the Senate seat, people with knowledge of his thinking say Mr. Cuomo believes Ms. Kennedy’s public bid opened the door for him to campaign for it. While he has not ruled the job out, he has decided not to embark on a public campaign, they said.

“He’s happy doing what he’s doing," one top aide to Mr. Cuomo said, speaking on condition of anonymity because of the sensitivity of the process.

The situation is especially tricky for Mr. Cuomo, 51, a one-time boy wonder who began his political career in his 20s as a top adviser to his father, Mario M. Cuomo, and became a cabinet secretary under President Bill Clinton before the age of 40.

His ambitions and his brazenness have sometimes landed him in trouble, especially in 2002, when he alienated the black political establishment by running for governor rather than backing the bid of the state comptroller, H. Carl McCall, who would have been New York’s first black chief executive. Mr. Cuomo was forced to bow out to avoid a humiliating defeat.

But since being elected attorney general in 2006, he has won high praise for his diligence and emphasis on populist issues, and has mended fences within the Democratic establishment.

In recent days, as Ms. Kennedy has continued her high-profile meetings with mayors, union officials and other political leaders, the mood inside the Cuomo camp is increasingly somber, said several close associates of Mr. Cuomo’s — though a top aide disputed such characterizations.

“The frustration is that he could have leveraged the Cuomo name and pushed his way into the process,” said the associate, who spoke on condition of anonymity because he did not want to antagonize Mr. Cuomo. “But out of respect for the process he did not do that. Then you have someone who has not done the trench work that Andrew has in New York leverage her name to get the appointment.”

That measured strategy may have backfired, leaving Mr. Cuomo’s supporters with little to do other than watch to see whether Ms. Kennedy somehow stumbles.

Among the political class, Ms. Kennedy’s directness — along with her celebrity — is clearly helping her gain momentum. On Friday, for example, Assemblyman Vito J. Lopez, chairman of the Kings County Democratic Party, endorsed Ms. Kennedy after meeting with her, praising her as personable and knowledgeable, and vowing to gather support for her.

While Ms. Kennedy appears to be everywhere, even offering a shaky rendition of “Jingle Bells” at a Queens Democratic holiday party Thursday night, Mr. Lopez said he heard only silence from the Cuomo camp.

“I don’t think that strategy works,” Mr. Lopez said. “If a potential candidate is interested, it is imperative that they step up and activate their campaign.”

Meanwhile, some of the state’s most powerful labor groups say that unless they receive a signal from Mr. Cuomo, they are moving to openly endorse the daughter of the late president and niece of Senator Edward M. Kennedy, a longtime ally of the unions.

Of course, this is a contest with an electorate of one, and it is not clear whether a public campaign or low-profile approach will suit Mr. Paterson. The governor has stressed that no decision has been made yet, and he does not plan to make the appointment until Mrs. Clinton is confirmed as secretary of state, which is expected next month.

And Mr. Cuomo, whom polls show New Yorkers would prefer for the job, has points in his favor. He has run and won statewide, is familiar with the New York’s vast political geography and has avoided the scandal that has plagued other elected state officials over the past several years. Further, by picking him, Mr. Paterson would remove a potential future rival from his path.

Mr. Cuomo has faced another difficulty as this drama has unfolded: He went through an especially messy divorce five years ago from Kerry Kennedy, a cousin of Caroline’s, and his ex-wife has been outspoken and visible in backing Ms. Kennedy’s bid.

Asked about Ms. Kennedy’s qualifications this week, he said he had “a very high opinion of Caroline Kennedy, I’ve known her a long time.”

“In terms of qualifications for this position and selection for this position,” he added, “that’s up to the governor.”

Nicholas Confessore contributed reporting.



Copyright 2008 The New York Times Company