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MEMORANDUM

TO: Finance Committee, Schneiderman for Attorney General


FR: Emily Arsenault, Campaign Manager
RE: Major Developments in the Race

First off, I wanted to take this opportunity again to wish a Happy New Year to our Jewish friends who are
observing Rosh Hashana. We wish you the very best as you celebrate this special time of year.

On that note, with just four days left in the primary campaign, I write with some happy news.

The last time I sent you an update on the campaign, in the aftermath of Eric’s New York Times
endorsement, I said that while there are five fine candidates in this race, the race had effectively been
narrowed to Eric Schneiderman and Kathleen Rice.

Today I can now say that the race has clarified even more between Eric and Ms. Rice, with recent debates,
fundraising totals, and a series of interesting news reports all published on Thursday alone providing an
even more encouraging picture:

• Debates: As evident to anyone who watched Eric's outstanding debate performances this week --
during which each of his opponents tried desperately and unsuccessfully to knock him down -- our
campaign is clearly the one to beat.
Don’t just take my word for it. Here’s what Ms. Rice’s hometown paper, Newsday, said:
Though polls show nearly three-quarters of New Yorkers are undecided in the attorney
general's race, the consensus among the five Democrats at last night's debate was that
state Sen. Eric Schneiderman is in the lead. Schneiderman (D-Manhattan), whose
campaign Tuesday touted "massive statewide momentum," bore the brunt of attacks from
the other four candidates during the debate at The New York Times auditorium.

Each of Eric's opponents focused squarely on him, an obvious indication that he is the one they
most fear -- and Eric didn't miss a beat, highlighting his lifelong record of progressive results and
real reform, and putting in command performances each time.

• Fundraising: Marking a turning point in this race, Eric out-raised Ms. Rice for the first time in the
final 18-day fundraising period on Friday, signaling an obvious shift in momentum in this race
(and explaining why she and the other candidates are so worried about him). Eric not only has the
most energy and grassroots support of any candidate, but he will also have the resources needed to
be on the air in several markets throughout the state in the final days (including Buffalo, where a
new ad begins today), and mount the best ground game to make sure our voters come to the polls
on Election Day.

• New Published Reports: As you already know, recent editorials have called into question Ms.
Rice’s qualifications for the job (the New York Times criticized her “limited” grasp of the
“challenges” facing the next Attorney General, and Crain’s derided her “unimpressive command
of the issues”). Remarkably, while Eric continues to rack up key support and positive news
clippings, five separate news reports came out in different publications yesterday all casting
serious questions about what kind of Attorney General Ms. Rice would be:

o The New York Times reported that “Ms. Rice’s tenure [as Nassau County DA] has also
been marked by complaints from judges, defense lawyers and other prosecutors about her
tactics and management style. Some defense lawyers accuse her of being more concerned
with headlines than with justice.” The Times goes on to explain that Ms. Rice applied to
be US Attorney just last year and interviewed with a panel charged with helping vet the
candidates, but “panel members had expressed concerns about Ms. Rice’s discretion and
had worried that she was too politically ambitious for the job.”

In addition, the story says Ms. Rice "angered women’s groups when she told part-time
female prosecutors that they should take on full-time roles if they wanted to continue in
the office."


o The Albany Times Union editorial board scolded Rice for incorrectly claiming in her TV
commercials that internet luring is not a felony, when it is – and for then accusing Eric of
holding up the luring bill, when in fact it had already been passed. According to the
Times Union, “we can understand a layman losing track of things. But not a lawyer. Not a
district attorney. And certainly not a would-be attorney general. So Nassau County
District Attorney Kathleen Rice's attempt to make a campaign issue out of a law that she
claims doesn't exist -- but in fact does -- isn't just a minor political spat. It's an unseemly
moment in an attorney general's race that until now has been vigorous, but mostly on the
high ground, where it should be.”

o In addition, Ms. Rice’s hometown paper, Newsday, today, reported that wrongfully
convicted exoneree Jeffrey Deskovic endorsed Eric for Attorney General, praising his
plan for an Actual Innocence unit and had “some harsh words” for Rice, noting:

Jeffrey Deskovic, now a nationally known advocate for the wrongfully convicted,
compared his case with that of Jesse Friedman, a Great Neck man whose 1988
conviction on child molestation charges Rice plans to review after the U.S.
Second Circuit Court of Appeals ruled this summer that his guilty plea had
likely been coerced. "When evidence appeared in a documentary movie that the
conviction of Jesse Friedman by Rice's predecessor was wrongful, she fought
time and time again to avoid even reviewing the conviction because of
technicalities such as filing deadlines," Deskovic said Wednesday in a release.

o City Hall News also reported on Rice seeking to be US Attorney but getting turned down,
noting that “Just months before launching her campaign for Attorney General, Kathleen
Rice was passed over by Sen. Chuck Schumer as she sought to become the United States
Attorney for the Eastern District of New York.”

o And Politico reported that “Former criminal court judge Amy Herz Juviler, who served in
Brooklyn and during the time Kathleen Rice was an Assistant District Attorney, has sent
out an e-mail to a group of friends slamming the current attorney general candidate,
saying as an assistant prosecutor she committed a range of acts she found wrong…. she
added that she regretted not having tried to have Rice "disbarred."

Taken together, Eric’s debate performances, fundraising victory, and the recent published reports raising
questions about Ms. Rice, all mean one thing: Eric is the one candidate with the momentum, qualifications,
and vision to be the next Attorney General of New York.

As Eric continues to surge into primary day, we can be sure to see more desperate attacks from his trailing
opponents, including a barrage of negative attacks.

Therefore, as we continue this momentum, growing our coalition of support, it is vital that we continue
raising the funds needed to execute a successful campaign. If we do, Eric Schneiderman will be poised to
be the Democratic nominee for NYS Attorney General.
Please encourage everyone you know to log on to our web site at www.ericschneiderman.com and make
another contribution today.