POLITICO Pro Prosecutor in Garner case seen as prospect for Grimm seat

The prosecutor in the Eric Garner case, a 34-year-old state assemblywoman and an indispensable state senator are the three top figures being floated by Republicans to succeed Rep. Michael Grimm if the embattled Staten Island congressman resigns.

Grimm pleaded guilty last week to a count of felony tax evasion. He told reporters outside the federal courthouse in Brooklyn then that he’d try to hang onto his seat, less than two months after winning a third term in the House despite being abandoned by the national Republican establishment.


On Monday, however, Republican sources said Grimm is expected to resign from Congress this week, possibly as early as Tuesday. The sources said Grimm had spoken with House Speaker John Boehner (R-Ohio), but aides to the speaker would not comment on their talk.

A resignation would open a competitive seat: President Barack Obama won the district by five points in 2012 the week after Hurricane Sandy struck, while John McCain edged Obama by three points in 2008.

( Also on POLITICO: Grimm pleads guilty but won't resign)

Interviews with local and national political operatives earlier this month revealed a small but powerful field of potential contenders whom the parties would likely recruit if the seat opens up.

Richmond County District Attorney Daniel Donovan had been seen as a Republican rising star in the city. But as the lead prosecutor in the chokehold death of Eric Garner by a New York City Police Department officer, he’s been the subject of intense scrutiny after the grand jury decided against bringing an indictment. In part because of his role in the matter, Donovan is expected to draw a stiff challenge for reelection next year, which could make a special election to the House a more appealing option. Operatives on both sides of the aisle say Donovan could have been the GOP’s strongest contender if it weren’t for the fallout from the Garner episode.

“I’m not sure Danny really wants to get into the middle of a campaign so soon after getting in the mix of this thing,” one Republican operative said.

A likelier and perhaps stronger option is Nicole Malliotakis, a state assemblywoman with fundraising prowess and a media-friendly personality. Malliotakis, who is of Greek and Cuban descent, coasted to reelection in November, four years after taking out a Democratic incumbent. The drawback? She’s a close Grimm ally, as Democrats will be sure to remind her constituents.

There’s also Andrew Lanza, the state senator whose district includes Staten Island. But at least one New York City political strategist said the state GOP’s thin majority in the state Senate could hinge on Lanza’s seat, making it less likely that he’ll depart and put the chamber in play.

“If he even looked at the congressional race, I think the Senate leadership would probably spike his wine with arsenic,” he said.

On the Democratic side, the top prospect is former Rep. Michael McMahon, who lost to Grimm in 2010. McMahon is a conservative Democrat who voted against Obamacare and is intimately familiar with the district. He was a targeted recruit for the party last cycle but ultimately passed on running against Grimm.

Democrats also consider state Assemblyman Mike Cusick a viable prospect, though he could have trouble fundraising within the party thanks to his anti-abortion views.

“Cusick has a reputation of being conservative because he’s anti-choice,” said a New York Democratic strategist. “On the other hand, in some ways, I think Cusick is more progressive than McMahon.”

A third prospect, state Sen. Diane Savino, might give Democrats their best shot at the seat, but she’s a member of the Independent Democratic Conference in Albany and is considered unlikely to give up her post.

One name that didn’t come up: Domenic Recchia.

Grimm’s 2014 Democratic opponent was widely mocked for his unprepared, ill-informed campaign, and strategists from both parties don’t see him as a serious contender.

Jake Sherman and John Bresnahan contributed to this report.