Running Against Hochul, Lee Zeldin Finds Another Target: Alvin Bragg

When he was running in the Democratic primary for Manhattan district attorney in 2021, Alvin L. Bragg made a promise for his first day: He would stop prosecuting low-level crimes and incarcerate only people accused of the most serious offenses.

Lee Zeldin, the Republican candidate for governor in 2022, has made his own Day 1 promise: If elected, he will inform Mr. Bragg that he is being removed from office for refusing to enforce the law.

Mr. Zeldin has made that pledge repeatedly throughout his campaign, turning a local prosecutor into the unlikely focal point of a race for the state’s highest office, which has tightened in recent weeks. He used a debate Tuesday night against his Democratic opponent, Gov. Kathy Hochul, to attack Mr. Bragg for what he said was a failure to do the job of district attorney.

But there is little that suggests that Mr. Bragg’s approach to serious crime differs significantly from that of other city prosecutors, including his predecessor, Cyrus R. Vance Jr., and the Brooklyn District Attorney, Eric Gonzalez. Murders and shootings are down in Manhattan this year; though some other major crimes are up, including robbery, burglary and grand larceny, those trends are broadly in line with crime trends citywide.

Mr. Zeldin’s promise to remove Mr. Bragg, the first Black Manhattan district attorney, is representative of a dynamic informing races all over the country: As some types of crime have risen in cities nationwide, Republicans have sought to capitalize on some voters’ unease with calls from progressive Democrats to overhaul the criminal justice system.

Mr. Zeldin would not simply be able to show Mr. Bragg the door. New York’s Constitution grants the governor the power to remove certain public officers, but it calls for those facing removal to be given the charges against them and an opportunity to defend themselves. Mr. Bragg’s office can be expected to fight any removal effort.

The Republican candidate’s attack on the district attorney’s office has placed Mr. Bragg in an unusual position. Just a year ago, he was elected with 84 percent of the vote against his Republican opponent.

Mr. Zeldin’s pledge to push him out “is an authoritarian move,” said Susan Lerner, the executive director of Common Cause New York, a good government advocacy group. “If the voters recall a D.A., that’s the will of the voters. But for some other entity to override the will of the voters is antithetical to our system of governance.”

A spokeswoman for Mr. Zeldin’s campaign did not return phone calls or respond to emails with questions about the pledge, including whether the candidate saw something uniquely improper about Mr. Bragg’s tenure. In an appearance on Fox News in July, Mr. Zeldin said that Mr. Bragg had been refusing to enforce the law since taking office, declining to prosecute some crimes while prosecuting others as lesser offenses.

“Lee Zeldin is attempting to overturn the will of Manhattan voters one year after a local election that Alvin Bragg — a career prosecutor — won in a landslide,” said Danielle Filson, a spokeswoman for Mr. Bragg. “This pledge, which is grounded in blatant fearmongering while deliberately ignoring facts and reality, is a direct attack on democracy.”

Mr. Bragg’s campaign promise and the “Day 1 memo” that implemented it helped lock in public perception of his tenure, although he soon revised his policies to clarify that his prosecutors had the final authority when it came to decisions about charging and bail. But the memo has continued to define him in the eyes of skeptics, particularly after the Police Department commissioner, Keechant Sewell, sent an email to officers saying that she was concerned about the policies’ implications for public safety, officer safety and justice for victims of crimes.

Mr. Zeldin, already a candidate, sent his first tweet calling for Mr. Bragg to be fired the day after Ms. Sewell sent her email and has since made the call a staple of his campaign.

Until recently, he had promised to remove the district attorney on his first day in the governor’s office. During a Tuesday debate against his Democratic opponent, Gov. Kathy Hochul, he amended that, saying instead, “I’m going to remove him as soon as I can.”

Questions about his motivation may also complicate his plans: Mr. Bragg’s office is currently trying a criminal case against the family business of Donald J. Trump, an ally of Mr. Zeldin’s, and the district attorney’s investigation into the former president himself is “active and ongoing,” Mr. Bragg said last month.

A spokeswoman for Mr. Zeldin, who has been a fervent backer of the former president, did not respond to a question about how the trial and investigation influenced his promise.

There is precedent in New York for the removal of district attorneys. In 1874, and then again in 1900, a governor forced a New York City district attorney from office. And in the first half of the 20th century, several were either elbowed out of the way on specific cases or subject to hearings about whether they should be removed.

Mr. Bragg, however, would be one of few to have his position challenged in the past 50 years.

In 1973, Gov. Nelson Rockefeller began proceedings to remove the Queens district attorney after the prosecutor was indicted on charges of covering up a criminal investigation. (The district attorney resigned before the process ran its course.) In the 1990s, Gov. George Pataki removed the Bronx district attorney from a specific prosecution in a fight that reached New York’s highest court, which decided in favor of Mr. Pataki.

The power to remove public officers is delineated briefly in New York’s state Constitution and elaborated on in the state’s public officers law. The measure appears to give the governor broad discretion in determining the process, outside of the hearing mandated by the Constitution. When past governors ordered removals, the process in most cases took several months, with a hearing involving witnesses, an accusation of wrongdoing and a defense.

Prosecutors who share Mr. Bragg’s values say it is no coincidence that Mr. Zeldin has opted to challenge him.

“Alvin’s a Harvard graduate, an accomplished lawyer, and now the city’s chief law enforcement officer, but he’s also a Black man from Harlem,” said Jarvis Idowu, a former Manhattan prosecutor. “That means, like Willie Horton and countless others, he’s easy fodder for this kind of dog-whistle scare tactic.”

Victim rights advocates and others have said that Mr. Zeldin is well within his rights to remove Mr. Bragg — and that other sitting district attorneys should take note.

“I’m in full agreement with it,” said Jennifer Harrison, the founder of Victims Rights NY, of Mr. Zeldin’s pledge. “Any district attorney that refuses to enforce the law or do their job should get their act together and be on notice if he gets elected.”

Mr. Bragg is part of a movement of recently elected prosecutors who have pledged to adapt more lenient policies, saying that the impact of prosecution has fallen disproportionately on Black and brown people and arguing that harshly prosecuting petty crime is counterproductive. When Mr. Bragg announced his campaign in the summer of 2019, those candidates had won in Philadelphia, Chicago, Boston, San Francisco and Los Angeles.

Many have since been challenged, either in recall elections or by other elected officials who disagree with their policies. In San Francisco, the district attorney, Chesa Boudin, was recalled in June by a coalition of moderate voters incensed by the rise in property and quality-of-life crimes during the pandemic. Florida’s governor, Ron DeSantis, suspended Andrew Warren, the Hillsborough County state’s attorney in August, citing statements that Mr. Warren had made declining to prosecute those who sought abortions or gender-affirming health care.

And on Wednesday, Republicans in the Pennsylvania House filed articles of impeachment against the Philadelphia district attorney, Larry Krasner, accusing him of failing to uphold the law.

In an interview, Mr. Boudin said that Mr. Zeldin’s pledge and the other challenges to elected prosecutors all sprang from the same playbook.

Republicans and police unions, he said, were “very intentionally deploying policies and practices to weaken and undermine and distract elected district attorneys who are part of a reform movement.”

He added that he saw the trend as “intertwined with the Trump election-denying movement, that doesn’t care or respect the outcome of elections.”

Michael Gold contributed reporting.