31 December 2021: Andrew M. Cuomo's Annus Horribilus

After Cuomo's decade in power, 2021 became his 'horrible year'

Annus Horribilus is Latin for "horrible year", which is certainly true from the perspective of the resigned-in-disgrace former governor of New York, Andrew M. Cuomo. The following excerpt cites the view of respected political observer Hank Sheinkopf:

After 10 highflying years as governor, 2021 was Andrew M. Cuomo’s annus horribilis, when he tumbled from the national heights to resigning in disgrace, staining his legacy and taking down friends and family with him.

Just 12 months ago, Cuomo was cruising in his third term. Now, he’s out of office. He’s facing a criminal complaint alleging he groped a staffer. Potential civil lawsuits loom related to other sexual harassment claims. The state ethics commission is trying to force him to surrender $5.1 million in proceeds from a book deal. A U.S. Attorney is investigating sexual harassment complaints against Cuomo as well as his administration's nursing home policies.

Top allies who came to his aid in 2021 lost their jobs, including his brother, Chris Cuomo, the former CNN anchor, and James Malatras, the former State University of New York chancellor.

"It was one of the grandest falls in national politics we’ve seen in a long time," said Hank Sheinkopf, a veteran Democratic consultant who worked both on and against Cuomo election campaigns. "One year ago, he was on top of the world … And when they took out the king, they took out everybody with him."

"The lesson here is not the arrogance of power. It’s the arrogance of wanting to remain in power," Sheinkopf said. "Every elected official, they’re subject to a reaction when they stay too long. Andrew stayed too long."

That arrogance was on full display nearly a year earlier when the Cuomo administration issued its deadly 25 March 2020 directive, which forced New York's nursing homes to blindly admit patients infected with COVID who were being dumped out of New York hospitals to free up their bed space. That action, combined with Cuomo's attempted cover-up of the full extent of excess deaths that resulted from it, led to the first cracks in Cuomo's hold on power in 2021, when New York attorney general Letitia James reported that the number of those deaths were nearly 50% greater than New York's official statistics indicated.

Sheinkopf is right in pointing to the "arrogance of wanting to remain in power", because it was one of the motives for Andrew M. Cuomo's cover-up of New York's excess COVID nursing home deaths. The desire to avoid criminal liability and to profit from a multi-million book deal provided additional motives. In our view, people with those kinds of motives deserve to have horrible years.

Sheinkopf is wrong in saying "they took out everybody with him". Many Cuomo loyalists who implemented and enforced his deadly directive have yet to face any meaningful consequences for their actions. Many even still remain in the positions to which Cuomo appointed them in New York's state government and public institutions. Metaphorically speaking, their heads still need to roll to properly clean house in the state government, while Cuomo himself still needs to face legal consequences for his deadly directive.

31 December 2021: JCOPE's Infighting Making Institutional Problems More Visible

Internal strife engulfs New York's ethics panel

Infighting within the highly ineffective Joint Commission on Public Ethics (JCOPE) has become more visible in recent weeks. This report begins with a statement by the new chair of the commision, Jose Nieves, decrying the "leak" of information about a draft letter to the state attorney general staking out the commission's legal argument for why it can proceed with ordering the AG's office to claw back Andrew M. Cuomo's COVID book deal millions:

Jose L. Nieves, chair of New York's ethics commission, issued a searing statement late Wednesday assailing the "unauthorized and improper releases of information by someone associated" with the panel, as well as unnamed sources that he said have unfairly cast the commission as unwilling to investigate top lawmakers.

"These targeted leaks, in addition to allegations made against our professional staff, are nothing more than a coordinated attempt to undermine and discredit the commission and its staff," Nieves wrote. "I feel I must speak up on behalf of the commission staff after seeing them painted in a negative and inaccurate light."

The chairman's statement followed a Times Union story published Monday that reported Sanford Berland, the commission's executive director, had declined to sign a letter that the commission agreed should be sent to the attorney general's office. The letter challenged the attorney general's finding that the commission had not followed the law when it voted recently to have former Gov. Andrew M. Cuomo surrender $5.1 million that he had received for publishing a book about his handling of the pandemic.

Nieves on Wednesday signed an edited version of that letter, which was supported by 12 of the commission's 13 members, after the text had undergone minor changes. The letter took issue with the attorney general's assertion that the order by the state Joint Commission on Public Ethics was invalid. The commissioners contend that under state Executive Law they have "exclusive jurisdiction in authorizing an outside activity involving the head of a state agency or a statewide elected official" and that authority is not set aside by the statutes cited by the attorney general's office.

Nieves, apparently referring to the Times Union's receipt of the draft letter, suggested the leak amounted to the "unauthorized release of confidential information and communications." But the letter, even in draft form, is a record that normally would be subject to release under the state's Freedom of Information Law — if JCOPE were subject to that law, but it is exempt. Still, it's not clear that the letter is "confidential" because it's not related to an active ethics investigation.

That JCOPE's operations are mired in opaqueness is by Andrew M. Cuomo's design, which is not a point lost on one of JCOPE's most prominent critics:

Commissioner Gary Lavine, who has for years openly criticized what he said is the ethics panel's lack of transparency, fired back at Nieves in his own statement Thursday. Lavine noted that for four decades the state's Court of Appeals — New York's highest court — "has held there is a presumption of openness and exceptions to openness are to be strictly construed."

"From the inception of the commission, the Cuomo cohort has exerted itself to maintain a veil of secrecy akin to the medieval Star Chamber," he said, referring to the secretive English court created in the 15th Century to hear legal complaints against powerful individuals.

"The Star Chamber served the monarch not justice," Lavine continued. "JCOPE will meet the same fate as the Star Chamber. Mr. Nieves' censorious defense of secrecy is the last gasp from the JCOPE 'Star Chamber' before it is abolished by Gov. Hochul and the Legislature."

The commission is supposed to be comprised of 14 members. The Senate majority leader and Assembly speaker each appoint three members, while the minority leaders in those chambers each appoint one. Six are appointed by the governor, who also selects the chair. Critics of JCOPE have alleged that some of Cuomo's appointees on the panel have shielded his administration.

As an institution, JCOPE has proven since its inception to be nearly an unmitigated failure in achieving its claimed purpose. Its replacement within New York's state government by a more open, and competent, body has been needed for a very long time.

30 December 2021: JCOPE Tries Again to Get Attorney General to Enforce Its Order to Claw Back Cuomo COVID Book Deal Money

NY ethics chief urges AG James to claw back Cuomo’s COVID book profits

This report covers the contents of a letter sent by New York's Joint Commission on Public Ethics to the New York State Attorney General on Wednesday, 29 December 2021:

The head of the state’s watchdog agency urged state Attorney General Letitia James Wednesday to enforce its order to claw back $5.1 million in book profits from disgraced ex-Gov. Andrew Cuomo.

Jose Nieves, chairman of the Joint Commission on Public Ethics, sent a letter to the AG’s General Counsel, Larry Schimmel, claiming James can legally enforce JCOPE’s order for Cuomo to return the book profits for his COVID memoir after violating an agreement not to use state resources — including government workers — to prepare it.

Schimmel previously rejected JCOPE’s order as illegal, saying the AG’s office could not enforce such an order without the ethics agency first conducting a full-blown probe and submitting findings of wrongdoing against Cuomo under the Public Officers Law.

Nieves responded in the letter. He said facts are clear as day that Cuomo violated the agreement and put the issue back in James’ court.

“The Commission is empowered and required to deny or revoke any authorization or approval sought or obtained by a state official, and to order corrective action where, as here, material misrepresentations have been made….,” Nieves said in the letter, a copy of which was obtained by The Post.

“There is no requirement that a substantial basis investigation be carried out in any or all circumstances as predicate to commission action in response to clearly established conditions imposed in regard to engagement in outside activities.”...

“We request that your office support the efforts of the commission to seek expedient civil process that will hold the former governor accountable for his misrepresentations to the commission [and] for his breach of the conditional approval letter” for the book deal, Nieves said.

We'll see how far JCOPE's commissioners' interpretation of New York's opaque laws regulating public officials goes.

In the meantime, the New York Times reported on events from more than a week ago.

Why the Attorney General Stalled a Move to Collect Cuomo’s Book Profits

As a general rule, unless it involves allegations of sexual harassment, the New York Times has chosen to avoid breaking news that runs afoul of Andrew M. Cuomo's political interests. This story falls into that category. Here's an excerpt that provides what little new information there is in the newspaper's coverage, in the form of a statement issued by a spokesman for the state attorney general's office:

“Since it was established, JCOPE has shirked responsibility and failed to take meaningful action on any issue regarding ethics, and this is just the latest example,” Fabien Levy, a spokesman for Ms. James, responded. “There are rules and laws in this state, and in stark contrast to JCOPE, the attorney general’s office actually follows and enforces those laws universally, not only when expedient.”

In its letter, the attorney general’s office said that the commission’s order was “premature” and directed the panel to “exhaust its own collection activity efforts” before referring the matter again.

As the report notes, JCOPE was established by Andrew M. Cuomo and two other elected state government officials in 2011, all of whose public careers were felled by external ethics and criminal charges, so take that into account in reading the statement.

29 December 2021: As NY County DAs Drop "Credible" Cases, Could Cuomo Return to Power?

As legal peril fades, is a Cuomo comeback possible?

You can tell it's a "Dead Week" for the news when you see political beat reporters covering speculative stories like this one. In the following excerpt, the concept of Andrew M. Cuomo's political career being resuscitated after prosecutors declined to pursue filing criminal misdemeanor charges related to "credible" allegations of sexual harassment on the part of Cuomo in two separate New York counties is explored:

The narrowing chances of a criminal conviction from Cuomo's alleged sexual misconduct may rest solely on the allegations of Brittany Commisso, an aide who has accused the former governor of groping her breast during a workplace encounter at the Executive Mansion in Albany a year ago. Cuomo, who has denied the allegation, faces a misdemeanor forcible touching charge in Albany City Court for that allegation, although it's possible prosecutors could move to dismiss the case if they believe the evidence is problematic. An initial court appearance in that matter is slated to take place Jan. 7.

For the 64-year-old lifelong bureaucrat and politician, an acquittal or dismissal in the Albany case could lift some of the stigma related to the multiple scandals that engulfed Cuomo over the past year and led to his resignation from office in August. It could also open the door for his eventual return to politics, whether as an elected official or possibly an influential lobbyist who has navigated the maze of power politics for most of his adult life.

"I think it would take a really unlikely alignment of lucky stars for him to be successful," Christopher B. Mann, a professor of political science at Skidmore College, said when asked about Cuomo's potential to make a comeback.

"Is there a path? Absolutely: a multi-way primary in which you get kind of a circular firing squad dynamic of different candidates going after each other, (or) a primary in which he’s running against some other tainted or weakened candidate," Mann said. "If he gets in with that type of scenario, he might be the lesser of evils."

Another scenario Mann said could pave a way for Cuomo's return: If Gov. Kathy Hochul were to win the June Democratic primary but lose the general election in November, "then Andrew Cuomo tries to make a comeback in 2026 that could change the narrative a lot. The 'proven winner' narrative would run to his favor."

What if space aliens landed in Buffalo and endorsed Cuomo? Could his chances of a comeback improve if beavers dammed the Hudson River? Suppose everyone ignores or forgets about all the hundreds, if not thousands, of COVID deaths among New York nursing home residents that Cuomo covered up after his deadly 25 March 2020 directive contributed to racking them up - he would be able to come back then, right?

We get the feeling questions like the first two we added above are often considered at Skidmore College.

Related stories from the timeline:

• 28 October 2021: Cuomo Charged with "Forcible Touching" in Criminal Misdemeanor
• 5 November 2021: Albany County Prosecutor Throws Wrench Into Cuomo Criminal Misdemeanor Case
• 10 November 2021: Transcripts of Cuomo Sexual Harassment Probe Interviews Released
• 23 December 2021: Cuomo Won’t Be Charged for "Credible, Deeply Troubling" Sexual Harassment of Female State Trooper
• 28 December 2021: Westchester DA Says Allegations Against Cuomo Are Credible, But Won't Be Charged

28 December 2021: Westchester DA Says Allegations Against Cuomo Are Credible, But Won't Be Charged

Westchester DA Allegations Against Cuomo Credible, But Can't Be Charged

We fixed this report's headline for the timeline entry's headline. Here's the story:

Westchester County prosecutors found that two separate allegations of inappropriate behavior against former governor Andrew Cuomo were "credible" but could not be charged as crimes under New York law.

"Our investigation found credible evidence to conclude that the alleged conduct in both instances described above did occur. However, in both instances, my Office has determined that, although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York," Westchester County DA Miriam Rocah said in a statement.

Rocah's office investigated two allegations: a claim by a member of Cuomo's security detail he'd inappropriately kissed her on the cheek, and a second by a woman who alleged the then-governor took her by the arm and kissed her cheek at a high school event.

The "statutory requirements" referenced by Westchester County DA Miriam Rocah refers to the statute of limitations that applies under New York state law, which requires victims to report their allegations within a limited period of time after the event occurred.

This is the second county DA to decline pursuing criminal charges against Andrew M. Cuomo's alleged sexual harassment, after Nassau County did ahead of the Christmas holiday, and also the second to call the allegations by the female victims in their county "credible". At present, criminal misdemeanor charges are still pending Andrew M. Cuomo in Albany County.

27 December 2021: Dysfunction Continues to Define JCOPE

Battle over Cuomo's book splits ethics panel with its director

New York's Joint Commission on Public Ethics is, if nothing else, defined by its dysfunctions. This report covers the latest example as it relates to the commission's efforts to strip Andrew M. Cuomo of the income he is guaranteed to receive for his pandemic "leadership" book, which was produced using state government employees and resources.

Twelve members of New York's ethics commission were rebuffed by their top staffer when they sought to send a letter to the state attorney general's office last week pushing back on that office's recent assertion that the panel did not issue a valid order when it voted to have former Gov. Andrew M. Cuomo surrender the $5.1 million that he received for his COVID-19 memoir.

Larry Schimmel, a general counsel for Attorney General Letitia James, said in a two-page letter earlier this month to Sanford Berland, the commission's executive director, that "there are procedural steps that the commission must take before the (attorney general's) Civil Recoveries Bureau can take any action" against Cuomo....

A copy of a draft response proposed by 12 commissioners on the ethics panel fired back at Schimmel's legal analysis, contending that under state Executive Law they have "exclusive jurisdiction in authorizing an outside activity involving the head of a state agency or a statewide elected official" and that authority is not set aside by the statutes cited by the attorney general's office....

The undated draft letter that Berland apparently refused to sign included a legal analysis by the commissioners asserting they are "both empowered and required to deny or revoke any authorization or approval sought or obtained by a state officer or elected official, and to order corrective action, where, as here, material misrepresentations have been made in the request for approval or the conditions of such approval have been violated, or both."

"If your office persists in maintaining that it cannot directly assist the commission in its effort to call the governor to account through an expedient civil process ... we ask that your office support the efforts of our agency to do so," it reads.

Berland did not immediately respond to a request for comment.

Berland, who is not a voting commissioner, would appear to have some explaining to do.

24 December 2021: New Jersey to Pay $52.9 Million to Families of State-Run Veterans Nursing Home COVID Victims

In major settlement, N.J. agrees to pay $52.9M to families over COVID deaths in state’s hard-hit veterans homes

This report describes a $52,955,000 legal settlement being paid to the 119 families of COVID victims who were exposed to their fatal infection at three state-run nursing homes for veterans.

The state of New Jersey, which was accused of gross negligence and incompetence over its handling of the COVID outbreak in the state-run veterans homes, has agreed to pay nearly $53 million to the families of 119 residents whose deaths were attributed to the coronavirus in the early days of the pandemic.

An administration official, who confirmed the wide-ranging settlement on background, said the families on average will receive $445,000, based on arbitration proceedings.

“Cases settle for a variety of reasons. The families of those who have lost their lives to COVID-19 have gone through so much,” said the official. “This settlement will hopefully allow them to move forward without years of protracted and uncertain litigation.”

Two of the veterans homes — one in Menlo Park and a second in Paramus — reported some of the highest COVID-related death tolls in the nation. The coronavirus claimed the lives of more than 200 residents as the virus swept through the buildings, prompting the state to send in emergency assistance from the Veterans Administration and the National Guard.

Both facilities remain the focus of an ongoing federal investigation.

The out-of-court resolution comes despite a broad immunity granted to the New Jersey nursing homes early in the pandemic and to those “acting in good faith” in support of New Jersey’s COVID-19 response efforts. While not stopping all lawsuits, the state raised the bar in what might be considered negligence. Dozens of civil tort claims notices against New Jersey, though, were filed by attorneys for families of those who died while in the state’s care as the deaths in the veterans homes soared.

The settlement does not address COVID-related fatalities at privately-run nursing homes in New Jersey, which were subject to Governor Phil Murphy's version of Andrew M. Cuomo's deadly 25 March 2020 directive that forced nursing homes to admit patients being discharged from hospitals to free up hospital bed space in the state.

News of the Murphy administration's legal settlement follows the "Friday night news dump" pattern where politicians release news they believe will harm them politically late on Fridays or ahead of long holiday weekends, when the public is less likely to focus on news coverage. Since legal settlements take substantial negotiation, the timing of the announcement is not coincidental.

Here is the timeline's coverage of New Jersey's COVID nursing home deaths scandals, which are distinguished from Andrew M. Cuomo's by the lack of a cover-up, except for the situation involving the state government-run nursing homes for veterans:

• What Happened in New Jersey's Nursing Homes
• 26 August 2020: DOJ Seeks Nursing Home Death Data from COVID Patient Dumping States
• 17 March 2021: Safety at New Jersey Nursing Homes Compromised
• 7 April 2021: No Answers from New Jersey DOH
• 2 July 2021: New Bills Look to Stop Disease Spreading at NJ State-Run Nursing Homes
• 28 July 2021: New Jersey's Murphy Administration Under DOJ Probe for COVID Nursing Home Deaths
• 24 August 2021: Federal Probe of COVID Deaths at NJ Nursing Homes Progresses
• 11 October 2021: U.S. DOJ Interviews Staff at NJ Nursing Homes

23 December 2021: Cuomo Won’t Be Charged for "Credible, Deeply Troubling" Sexual Harassment of Female State Trooper

Cuomo won’t be charged for touching trooper at racetrack

This report covers the decision of New York's Nassau County District Attorney to not prosecute Andrew M. Cuomo in the alleged sexual harassment of a female state trooper at a racetrack in Nassau County.

Former New York Gov. Andrew Cuomo won’t face criminal charges after a female state trooper said she felt “completely violated” by his unwanted touching at an event at Belmont Park in September 2019, a Long Island prosecutor said Thursday.

Acting Nassau County District Attorney Joyce Smith said in a statement that an investigation found the allegations against Cuomo “credible, deeply troubling, but not criminal under New York law.”

Smith opened the investigation after details of the encounter appeared in Attorney General Letitia James’ August report on sexual harassment allegations against Cuomo. The report chronicled accusations from 11 women and led to Cuomo’s resignation from office, though he has attacked the findings as biased and inaccurate.

A message seeking comment was left with Cuomo’s spokesperson.

According to James’ report, the trooper said Cuomo ran the palm of his left hand across her abdomen, to her belly button and then to her right hip, where she kept her gun, while she held a door open for him as he left an event at Belmont Park on Sept. 23, 2019.

Based on the county district attorney's comments, Andrew M. Cuomo just got the gift of a free pass for "credible, deeply disturbing" misconduct involving the sexual harassment of a state government employee in her jurisdiction, for Christmas. Did we miss anything?

23 December 2021: NY Atty General Accused of Stalling Clawback of Cuomo Book Deal Millions

‘Deliberate stall’: Ethics commish rips AG on $5M Cuomo COVID book clawback

Earlier this week, a discussion took place between members of New York's Joint Commission on Public Ethics and the state attorney general's office on the topic of whether the AG's office could pursue the clawback of the $5.2 million income Andrew M. Cuomo was guaranteed for his pandemic "leadership" book deal. This report is the first to indicate whatever transpired in that conference call did not go well:

Attorney General Letitia James is deliberately stalling on whether or not she’ll claw back the $5.1 million book profits from disgraced ex-Gov. Andrew Cuomo, a top state ethics official charges.

Joint Commission on Public Ethics Commissioner Gary Lavine blasted James for her swift denial of an order last week that gave her office the authority to recoup Cuomo’s payday for the memoir ‘American Crisis: Leadership Lessons from the COVID-19 Pandemic.’

“It’s a deliberate stall by James. It’s a political decision, ” Lavine told The Post Wednesday.

“The attorney general does not want to take action with respect to recovering the money,” he alleged.

JCOPE will do what it does the most, and try again:

Sources also said a group of JCOPE commissioners, as well as Chairman Jose Nieves and Executive Director Sanford Berland, met during an informal conference call on Monday to discuss next steps.

They will send a response letter to James’ office later this week, arguing her denial was made in error.

The article quotes another source who describes JCOPE's legal argument:

“The AG’s letter states a couple of different positions that are legally incorrect,” a JCOPE source close to the deliberations who requested anonymity told The Post.

The source said state law doesn’t say JCOPE must conduct an investigation, only that it has the option to – contrary to James’ position.

“With respect to the disgorgement…they’re misconstruing what’s going on here. This is not a collection action impacting the state treasury. This is an order compelling the former governor to perform an act – that act being to return the funds to the publisher. It’s not a collection proceeding.

“It’s not money the state paid out and the state is entitled to retain – it’s merely depriving the former governor the benefit of outside activity for which he obtained without approval,” the source said.

That latter part was not clear from previous reporting, which had suggested the AG's office could direct Cuomo to pay $5.2 million to New York's state treasury or to return the money to the publisher, so we'll see how that plays out.

2022 is going to be a busy year for legal developments in Andrew M. Cuomo's COVID nursing home deaths scandals, of which the resigned-in-disgrace Cuomo's pandemic "leadership" book deal is an integral part.

22 December 2021: New Laws for New York Nursing Homes to Take Effect in January 2022

New Year, New Laws: An Overview of New Laws Impacting New York Nursing Homes in January 2022

Responding to shortcomings that became apparent during the coronavirus pandemic, the New York state legislature passed several laws in 2021 that will take effect early in January 2022. While state lawmakers have yet to seriously address Andrew M. Cuomo's COVID nursing home deaths scandals, this report describes the measures they've taken that will apply to nursing home operators. The following excerpt briefly summarizes the laws that will take effect, though more detailed information can be found by clicking through to the article:

Nursing Home Staffing Levels

On January 1, 2022, N.Y. Public Health Law § 2895-b(3)(a) will take effect. This section sets forth a minimum standard for staffing hours in nursing homes. Generally, nursing homes report staffing hours to the Centers for Medicare and Medicaid Services (CMS) through a payroll based journal. Under this new standard, nursing homes are required to maintain daily average staffing hours equal to 3.5 hours of care per resident per day. A certified nurse aide, a licensed nurse, or a nurse aide must provide this care....

Minimum Direct Resident Care Spending Requirements

N.Y. Public Health Law § 2828 will take effect on January 1, 2022, and will result in increased budget oversight of nursing homes in New York. Under Section 2828, every nursing home is required to spend at least 70% of revenue on direct resident care, of which the nursing home is required to spend 40% of revenue on resident-facing staffing....

Publication of Nursing Home Ratings

Finally, on January 6, 2022, N.Y. Public Health Law § 2808-e will take effect. CMS assigns ratings to nursing homes through its Five-Star Quality Rating System. Nursing homes receive an overall star rating and separate star ratings based on health inspections, staffing, and quality measures. Under Section 2808-e, the Department of Health will be required to post each nursing home’s most recent overall star rating or a link to access such information on the homepage of its website.

The article doesn't mention the economic impact to nursing home operators from the cost of compliance with the new laws. Since New York nursing homes already face a severe qualified labor shortage with the state's National Guard deployed to try to plug the gap, the new measures will likely further reduce the amount of care that nursing home operators can provide without the continued diversion of state resources. The operators' lobbying group is seeking to delay the implementation of the new legal requirements.

21 December 2021: Editorial - Chris Cuomo Had to Be Held To Higher Standard

EDITORIAL: Cuomo had to be held to higher standard

We've reached the bottom story of a slow news day, which by definition, involves the journalism ethics-challenged Chris Cuomo. What makes this editorial stand out is that its from the Tahlequah Daily Press, of Tahlequah, Oklahoma:

On Dec. 4, after "further evaluation," CNN sacked Chris Cuomo. A review involving a law firm determined Chris had crossed a hard line and tried to help Andrew rehabilitate his image after many women came forward to say the former governor sexually harassed them. In fact, Chris was evidently an "unpaid aide" to Andrew, and as such, he tried to parlay his media connections into an engine to prep Andrew's team as more accusers came forward. Text message revealed the extent of Chris' work for his brother, which included attempts to gather information on women who had the temerity to reveal what Andrew did to them.

Many of Chris Cuomo's former co-workers expressed disgust at this behavior, as well they should. After putting himself forward as a stand-up guy, and one who took seriously the norms long established for what the Constitution generically referred to as "the press," he has now shown himself willing to roll in the gutter with others in the public eye like Bill O'Reilly. That man, everyone will recall, was accused of improper behavior by a number of women, before Fox finally kicked him to the curb. O'Reilly, though, was more of an incendiary talking head, whereas Chris Cuomo was put forth as an actual journalist. And he may have done more than just try to redeem his brother; allegations of misconduct have also surfaced from Chris' past.

Colleague Anderson Cooper, who hasn't soiled his journalistic coattails, called Chris Cuomo a friend, and said he felt terrible for him, but: "Journalists have strict ethics and strict rules that we are to abide by, and if you don't abide by them, there are repercussions." Dang straight, there are – and there should be.

Chris Cuomo needs to find another career, and it shouldn't be anywhere close to journalism. Perhaps he can write a book about his family woes. Or better yet, he can pen a tome explaining how talking heads can let power go to those same heads, and cost them their journalistic creds.

As watchdogs and members of the Fourth Estate, journalists are meant to hold to the fire the feet of leaders. Those watchdogs must be held to a higher standard than any politician could ever hope to reach.

Speaking of slow news days, since we're soon coming up on the holidays, we don't expect much news between the Christmas and New Year's holidays, when we anticipate our posting will be scarce. Before then, we're hoping to get some news about a meeting between the New York Attorney General's and JCOPE's staffs that was hinted at would be this week, but no stories have broken as yet in the newstreams.

21 December 2021: AP Reflects on the Fall of Andrew M. Cuomo

2021 Notebook: The scandals that took down Andrew Cuomo

The Associated Press' Albany correspondent Marina Villeneuve recaps the AP's coverage of Andrew M. Cuomo's scandals in this report. The AP contributed original reporting that confirmed Cuomo's administration was covering up the full extent of COVID deaths among nursing home residents during the time when its deadly 25 March 2020 directive that forced nursing homes to blindly admit COVID patients being discharged from hospitals to free up their bed space was in effect. The following excerpt focuses on that aspect of the recap:

THE NURSING HOMES: At the start of the pandemic in 2020, I and other reporters were asking a lot of questions about how COVID was impacting nursing homes, and the Cuomo administration would at times argue that releasing the data would jeopardize patients’ privacy. The governor also claimed that New York’s nursing homes were much less badly hit than other states, but he based that on partial data. And as the data came in — through my own reporting and others’ reporting as well — we learned that the administration wasn’t providing the full picture and was only reporting some deaths ... to make it seem that there weren’t as many people dying of COVID in nursing homes. And there remain a lot of questions about whether the state could have done more to prevent deaths, whether any policies made outbreaks worse and what lessons there are going forward.

It felt pretty shocking because nursing home outbreaks were such a serious crisis, and you couldn’t really imagine that the approach of a government would be to mask how bad outbreaks were. So yeah, I guess it was shocking for me. I think for some other journalists who have been around longer covering the governor, they were aware of his reputation, or this New York style of sort of exaggeration, but it was shocking, for sure.

Early this year, the Attorney General’s Office released this big and thorough investigation that really confirmed what I and others at AP had pieced together. We did a lot of just calling up nursing homes and asking how many deaths there had been, or how many infections. And there would always be a lot of discrepancies between the federal data in the state data. There was a lot of trying to ask the health department about the reasons for those gaps or those discrepancies. And I did a story this summer just looking at how up until just before the governor resigned, New York was still reporting this lower, statewide death toll that did not include confirmed COVID deaths at people’s homes. It was only including confirmed COVID deaths at hospitals. And that’s something that the new governor changed on day one.

That was very solid, well done journalism. It should also never have been necessary had the Cuomo administration not sought to cover-up the full extent of the death toll to which the resigned-in-disgrace governor's policies contributed.

20 December 2021: Lawmakers Propose New Laws to Prevent Another Cuomo-Type Book Deal Scandal

Bill inspired by Cuomo book deal would outlaw state 'volunteer' work

This report describes new legislation that was introduced on Friday, December 17, 2021:

In response to the Andrew Cuomo book scandal, state legislation has been introduced to make it abundantly clear that state officials cannot influence their workers to help them with money-making projects or side business dealings.

The legislation, introduced Friday in the State Senate, seeks to address allegations in an Assembly Judiciary Committee report that found Cuomo had numerous senior and junior staffers helping with his $5.1 million book deal, including people researching, writing and helping promote the book during work hours.

“The law should have already been clear that this was not allowed. I believe what happened was already illegal, but this makes it evidently clear that employees shouldn’t be doing that," Assemblywoman Monica Wallace, a Lancaster Democrat, said.

Wallace is sponsoring the bill in the Assembly; State Sen. Todd Kaminsky, a Nassau County Democrat and former federal prosecutor, introduced it in the Senate on Friday.

It's rather amazing that no elected officials in New York had ever previously considered introducing such legislation in the state's entire history. Or rather, that they knew it would pose an ethical problem, then chose to not set obvious limits on corrupt conduct by elected and appointed government officials.

18 December 2021: Cuomo Scandals Push Ethics Reform to Front Burner

Cuomo scandals push ethics reform to front burner in statehouse

This report describes some of the slow moving developments that may lead to substantial reforms of New York's ethics laws for state government employees.

Fresh optimism is building over efforts at the statehouse to create an independent ethics enforcement commission that can expose embarrassing backroom deals and public corruption.

With former Gov. Andrew Cuomo no longer casting a shadow over state government, good government advocates and lawmakers say his replacement, Gov. Kathy Hochul, will have an opportunity to lead the state through the most progressive ethics reforms in decades.

What is highly unusual, said John Kaehny, director of Reinvent Albany, a group that has championed ethics reforms, is that Hochul has signaled she is willing to give up power to control appointments to a reconstituted ethics agency in order to set the table for the new, independent watchdog.

"She is willing to sacrifice some of her own power for the public good," Kaehny said....

One proposal getting a close look from Hochul is a bill that would set up an integrity commission, modeled on the state Commission on Judicial Conduct. Sponsored by Sen. Liz Krueger, D-Manhattan, the bill would replace both JCOPE and the current legislative ethics commission, and would have the power to admonish, demote and even remove officials involved in wrongdoing.

That's not the only potential reform being put forward.

Assemblyman Ron Kim, D-Queens, said he wants to limit governors to two terms in office. Governors are elected to a term of four years, but there is no cap on how long they can serve.

"There is such a clear concentration of power in the executive branch that we need to make sure it does not get out of control," said Kim.

If only the state officials who have responsibilty for enforcing the ethics regulations that currently apply to state government employees were more serious about the need to reform New York's public employee ethics laws....

18 December 2021: Editorial - Clawing Back Cuomo's Book Deal Millions Is the Right Thing to Do

In Our Opinion: JCOPE made right call on Cuomo deal

The editors of the Daily Star in Oneonta, New York argue JCOPE's effort to claw back the millions Andrew M. Cuomo personally gained from his pandemic "leadership" book produced largely by state government employees is the right thing to do.

A separate state Assembly investigation released last month found evidence that Cuomo, who resigned in August amid sexual harassment allegations, had his staff spend plenty of time on the project.

Staff members told investigators they were asked to perform book tasks during their work day, including transcribing dictations, printing and delivering documents, and attending meetings with agents and publishers. One senior state official sent and received 1,000 emails about the book, the legislative report said.

Cuomo spokesperson Richard Azzopardi said those allegations are false: "This is political hypocrisy and duplicity at its worst. Governor Cuomo received a JCOPE opinion and advice of counsel stating that government resources could not be used — and they weren't — and any staffer who assisted in this project did so on their own time, which was reflected on their timesheets."

To us, it doesn't really matter. If he said he wasn't going to use state personnel, no state personnel should have had a hand in the project. It is almost impossible to determine if staffers are doing book work on work time or on volunteer time, especially if they are salaried. It also can't be determined if staffers may have been pressured into "volunteering" in the effort.

If Cuomo really wanted to keep it above board, no state resources should have been used.

There are so many other things wrong with the deal, mostly that much of it was based on false pretenses. The nursing home number debacle alone shows that his "leadership" left a lot to be desired....

Efforts to claw back the money could be complicated, because Cuomo already disbursed $1.5 million to a charity and a trust for his three daughters.

We hope the JCOPE's determination stands, and the deeply flawed governor will not be able to profit from his deeply flawed book.

Andrew M. Cuomo could have made different choices. He chose what for him was the very easy path of corruption.

17 December 2021: Bottom Story of the Day - CNN's Anderson Cooper on Chris Cuomo's Firing

Anderson Cooper Says He Feels ‘Terrible’ for Friend Chris Cuomo But Supports His Firing from CNN

The late-night comedy show "The Late Show with Stephen Colbert" seems like a really strange place to discuss CNN's journalism ethics quagmire, but that's where we're at in the Chris Cuomo saga, who was fired for unethical conduct in support of his powerful politician brother, the now resigned-in-disgrace Andrew M. Cuomo. Here's an excerpt from this report, involving Anderson Cooper, the news presenter who announced Cuomo's firing on-air.

Anderson Cooper addressed Chris Cuomo’s recent ousting from CNN, saying he feels “terrible” for his friend and colleague but supports the network’s decision to fire the primetime anchor.

Cooper made the remarks while sitting down with Stephen Colbert on Thursday’s Late Show, when the host quickly shifted from a light conversation about omelets to Cuomo’s recent scandal.

“I know that journalists don’t like to be the story, or at least that’s the thing you guys say, but CNN is the story in many ways right now,” Colbert said.

The host went on to recap that Cuomo was suddenly fired from CNN following news that he helped his brother then-governor Andrew Cuomo, deal with accusations of sexual harassment and misconduct.

“Look, I don’t want anything bad to happen to somebody who is a colleague and a friend of mine, and I feel terrible for him and his family,’ said Cooper. ‘That being said, journalists have strict ethics and strict rules that we are to abide by and if you don’t abide by them, there are repercussions. I wish Chris the best, and I’m sorry how all this played out.”

Colbert also asked the CNN anchor if he knew about Cuomo’s impending firing before it happened, prompting Cooper to reveal that he found out when the news broke on-air.

Video of that announcement appears in this 1 December 2021 timeline entry.

17 December 2021: NY Attorney General's Office Says JCOPE Flubbed Order to Force Cuomo to Give Up Book Deal Millions

Attorney general cites problems with ethics panel's order to Cuomo

The New York State Attorney General's office has tapped the brakes on the Joint Commission on Public Ethics' effort to force Andrew M. Cuomo to disgorge the $5.2 million by which he personally profited from his pandemic "leadership" book deal:

The state attorney general's office sent a letter to New York's ethics commission on Thursday contending the panel did not issue a valid order this week when it voted to have former Gov. Andrew M. Cuomo surrender the $5.1 million that he was paid to write a book last year about his administration's early handling of the coronavirus pandemic....

...Larry Schimmel, a general counsel for Attorney General Letitia James, said in his two-page letter to Sanford Berland, the commission's executive director, that "there are procedural steps that the commission must take before the (attorney general's) Civil Recoveries Bureau can take any action."

Schimmel asserted that the referral needs to made after a "substantial basis investigation report" had been completed and detailed any violations of state Public Officers Law. Those findings also need to specify the sums of money attributable to any penalties and the details of disgorgement.

The commissioners who voted in favor of the order contend they had authority under Executive Law to revoke an approval of Cuomo's book deal that was made by one of their staff members last year, in part, because Cuomo's application had allegedly falsely claimed that no state resources would be used to produce the memoir. A recent investigative report by the state Assembly's Judiciary Committee found that state resources had been improperly used to produce the book.

If the commission rescinds its order and pursues an investigation under the state Public Officers Law, it would place the burden on JCOPE to prove its case in a proceeding that could possibly take years. Their resolution this week seeks the immediate disgorgement of Cuomo's book proceeds under a legal path that would place the onus on the former governor to prove his book deal did not violate state laws or policies.

The legal quandary may be the subject of a meeting a source said is scheduled for Monday afternoon between the attorney general's office and the ethics commission. A person familiar with the matter said several commissioners, who had deeply researched the matter, are expected to push back on the legal assertions made by the attorney general's office in the letter. Another source briefed on the matter said the meeting has not been confirmed.

What that means is that the effort to make Cuomo pay for lying to state government officials so he could personally profit to the tune of $5.2 million for a book largely produced by state government employees utilizing state government resources will take much longer than the 30 days JCOPE's order stipulated.

This latest problem exists because New York does not have an effective system for dealing with ethical misconduct by state government officials. That's largely by design, as the impotent system now in place was established by Andrew M. Cuomo.

16 December 2021: Opinion - Cuomo Needs to Give Pandemic "Leadership" Book Money to NY Taxpayers

Churchill: Andrew Cuomo should give us our money

Albany Times-Union columnist Chris Churchill makes a solid argument in favor of forcing Andrew M. Cuomo to compensate New York's state government for the use of its employees and resources to produce his pandemic "leadership" book, from which he personally profited to the tune of at least $5.1 million (and up to $5.2 million according to the New York Assembly's impeachment probe report).

On Tuesday, JCOPE ordered Cuomo to repay the $5.1 million he received for his self-aggrandizing memoir about the pandemic. Woof!

There are problems with the move, to be sure, but let's first acknowledge a glaring truth: Cuomo should certainly repay the money received for the book, "American Crisis: Leadership Lessons from the COVID-19 Pandemic." It was an act of staggering hubris that he pocketed the massive paycheck in the first place.

After all, the book was significantly written, edited and promoted by state employees working on taxpayer time. (So says a recent report from the Assembly Judiciary Committee.) We paid for much of the work, and Cuomo reaped the profit. Sweet deal, no?

He also makes a good argument for why Andrew M. Cuomo, if he were smarter, should choose to voluntarily give up his ill-gotten proceeds, though Churchill doesn't think that's likely:

Of course, if Cuomo learned anything from his long and humiliating downfall, he will hand the millions over, no lawyers necessary.

As he filled out the check, he could say he's a new man who has realized the error of his ways and embraced humility. He could say it was outrageous to have state workers toiling on a megalomaniacal book while a pandemic raged. He could admit he has no right to the money.

Oh, and he could say he's sorry.

I know, I know. I'm dreaming. If Cuomo did any of those things, we'd think he had a concussion.

Or much more to hide, since it would mean he could avoid discovery during legal proceedings....

16 December 2021: A Reason for Cuomo to Go Along with JCOPE's Claw Back of Book Deal Millions

An Andrew Cuomo lawsuit to keep $5M book profits risks digging up more dirt: Lavine

This report covers an interesting insight by JCOPE Commissioner Gary Levine on why Andrew M. Cuomo may not want to sue the ethics watchdog for public officials to contest their order to give up the up-to-$5.2 million from his controversial pandemic "leadership" book deal:

The ex-governor is threatening to sue the Joint Commission on Public Ethics for ordering him to turn over the proceeds of his $5.1 million coronavirus book deal to state Attorney General Letitia James within 30 days.

JCOPE’s order on Tuesday came a month after it revoked its approval last year allowing Cuomo to write the book — after concluding he violated a pledge not to use staffers and other government resources to prepare it.

One commissioner on the ethics board said of the expected litigation: Bring it on!

JCOPE commissioner Gary Lavine said discovery material produced in any such court case could lead to more damning details about how the book deal came about, including what he suspected was potential collusion between the then-governor and pro-Cuomo JCOPE staffers.

The Cuomo book deal was originally given the OK by a JCOPE staffer, not by its appointed commissioners, and critics claimed the fix was in.

“I do not believe we have all the details on the book deal,” Lavine said. “Every time the book deal is subject to legal action, it’s subject to scrutiny.”

That it is. Should Cuomo choose to contest JCOPE's order to disgorge the guaranteed $5.2 million he gains from the book deal in court, the deal will be subject to discovery, which could open the resigned-in-disgrace former governor to additional legal liabilities.

15 December 2021: Opinions on JCOPE's Clawback of Cuomo Book Millions

We're consolidating editorial and opinion coverage on JCOPE's vote to claw back the up-to-$5.2 million the resigned-in-disgrace former New York Governor Andrew M. Cuomo stood to personally gain from his pandemic "leadership" book deal in this timeline entry.

Bombshell Cuomo book decision is proof nobody in Albany fears him anymore: Goodwin

The New York Post's Michael Goodwin speculates on what JCOPE's vote ordering Cuomo to give up all the proceeds from his pandemic "leadership" book really represents:

The news from Albany is not only a bombshell, it’s also bursting with symbolism. With the demand that Andrew Cuomo forfeit the millions he was paid for his book on COVID leadership, the state is declaring the end of a long nightmare.

Now it’s official: Nobody in New York politics is afraid of Andrew Cuomo anymore. His era of dominance and fear is finished.

Forever.

If that sounds obvious, consider that even after Cuomo resigned as governor in disgrace, there were reports he was plotting a comeback. One rumor had him running for his old office in the gubernatorial primary next June.

Another had him running for attorney general next year. The implication was that, if he won, he would use the AG job as a stepping stone to be governor, just as he did before.

One of his lawyers even cited the “widespread speculation” of a comeback as a reason why Letitia James, then the AG and briefly a gubernatorial candidate, should ­recuse herself from investigating Cuomo....

The 12-1 vote by the Joint Commission on Public Ethics settles the issue. Nothing says we’re not afraid of you anymore like a bipartisan demand for as much as $5.1 million — in 30 days!

As Goodwin notes later in his analysis, with James' decision to seek re-election as New York's state attorney general rather than run for governor, Andrew M. Cuomo's legal and PR team lost the main argument they had to forestall criminal investigations and any prosecutions by her office. Following so soon afterward, the JCOPE vote symbolically confirms the extent to which Cuomo's political hold over Albany has diminished.

Cuomo’s epilogue: The laughable state ethics commission issues an overreaching order demanding the former governor return $5 million

Meanwhile, the editors of the New York Daily News are of the opinion that like JCOPE itself, the state ethics watchdog's order to Cuomo to give up his pandemic "leadership" book deal millions is a joke. Since it's so short, we've excerpted the full editorial:

We are all for Andrew Cuomo disgorging the $5.2 million advance from his cursed COVID memoir. The book was a terrible idea for him to write while he was governor, still battling the virus (and not much of a read, either). Like his previous try at becoming an author, it bombed, with sales so weak that the publisher took a deep bath.

The book was also written under an ethics permission that the watchdog now says was both improperly obtained and not honored. It’s bad all around and it shows that when the publisher called Cuomo in the first weeks of COVID, he should have said that he was busy and didn’t have time.

We don’t know how permission was obtained from the state Joint Commission on Public Ethics (JCOPE), but if the terms of the arrangement weren’t followed — most importantly, that no government employee on the clock could participate in the book’s production — Cuomo, as the responsible party, should be at fault. As to any sanction for such a breach, it depends on what the law and rules allow for a person no longer in state employ. Ethically speaking, repaying the treasury for labor pilfered, plus a penalty, would be in order.

But JCOPE ordering a relinquishment (to the state attorney general) of the full $5.2 million advance that the publisher stupidly pledged to the governor is quite a stretch. JCOPE, flaccid by design — Cuomo’s design — is using as its justification that its permission was retroactively revoked last month and that Cuomo never reapplied. Therefore, goes their cockamamie logic, it’s like he never had the okay in the first place. Cuomo’s lawyer’s laughing retort seems about right here.

The editors have put their finger on why Andrew M. Cuomo's legal and PR team will be heading to the courts rather than pushing Cuomo to write the check.

14 December 2021: JCOPE Votes to Claw Back Cuomo's Pandemic "Leadership" Book Deal Millions

State ethics panel orders Cuomo to repay $5M from book deal

New York's Joint Commission on Public Ethics (JCOPE) became functional enough to order Andrew M. Cuomo to claw back the millions of guaranteed income he has begun receiving for his COVID pandemic "leadership" book under the terms of the contract he signed with its publisher.

New York’s ethics commission issued an order Tuesday demanding former Gov. Andrew M. Cuomo repay the $5.1 million he was paid by a publisher to write the book “American Crisis: Leadership Lessons from the COVID-19 Pandemic.”

At the meeting of the Joint Commission on Public Ethics, Commissioner David McNamara put forward the motion issuing the order, which passed by a vote of 12 to 1. An attorney for Cuomo immediately promised to fight JCOPE’s action in court, setting up what could be a heated, years-long legal battle.

“JCOPE’s actions today are unconstitutional, exceed its own authority and appear to be driven by political interests rather than the facts and the law," attorney Jim McGuire said in a statement. “Should they seek to enforce this action, we’ll see them in court.”

In making his motion, McNamara noted JCOPE commissioners had in November rescinded its staff's previous approval for Cuomo to write the book, and argued that he now "lacked legal authority to engage" in the outside activity.

The JCOPE order demands Cuomo repay the proceeds earned from the book within 30 days. Its language leaves enforcement of the order to the state attorney general’s office, which will also be the entity to determine whether any money recovered would go to the state treasury — and thus back to taxpayers — or be repaid to the book’s publisher, a subsidiary of Penguin Random House.

The jury is out on whether JCOPE is actually capable of clawing back Cuomo's millions, where that question will be settled in legal proceedings.

14 December 2021: Mobster Slams Cuomo Over COVID Nursing Home Deaths Scandals

Cuomo torched by mob boss Sammy 'The Bull' Gravano over nursing home scandal: 'I would never do that'

Of all the headlines we might expect to see on Andrew M. Cuomo's COVID nursing home deaths scandals, we couldn't ever have predicted this one. Here's a excerpt where the resigned-in-disgrace governor is slammed by a former New York crime family boss:

The former boss of the Gambino crime family in New York City, Sammy "The Bull" Gravano, tore into Cuomo in a new series alongside former Colombo caporegime Michael Franzese over the deadly scandal that became a black mark on the former governor’s administration.

"I hate to get into Gov. Cuomo. I will a little bit because he’s Italian and I can’t stand it," Gravano said in the clip obtained by Fox News, confirming his disdain for the then-governor when pressed by host and moderator Patrick Bet-David.

"One, because he’s Italian and I’m embarrassed to have someone do what he did as an Italian," The Bull continued. "He killed 15,000 people by putting people with the coronavirus in [nursing homes] with old people."

"I don’t give a f--- who tells me to do that, whether it’s [former President] Trump, the president, the vice president, you, him, I would never do it," Gravano said, gesturing to Bet-David and Franzese. "And I’m a badass. I’d never do it."

Gravano also said that when an individual does something like the former governor’s scandal and has "no concern," he thinks about his family, including his "great-grandchildren who aren’t even born" that are "going to deal with s— like this."

Want to know the difference between the former Governor of New York and a mobster who killed at least 19 people for the Mafia? The mobster has higher ethical and moral standards.

14 December 2021: More Fallout for Cuomo Influence Network Members

PR exec connected to Andrew Cuomo sex-harass defense leaves job

Andrew M. Cuomo's influence network, largely made up of former staffers to the resigned-in-disgrace governor who were embedded within media and leftist activist organizations, continues to shrink in its influence. This report covers the latest former Cuomo staffer who has left their job, apparently in response to information contained within the New York state attorney general's offices probe of Cuomo's alleged sexual harassment of multiple women:

A top executive at politically connected public relations firm Kivvit resigned less than a month before newly released documents showed she had been aware of disgraced Gov. Andrew Cuomo’s plans to discredit sexual harassment accusers.

Maggie Moran, Cuomo’s 2018 reelection campaign manager and a current managing partner at swanky PR firm Kivvit, was in the governor’s mansion in February when accuser Lindsey Boylan published a blog post saying that the then-governor kissed her without her consent and asked her to play strip poker on a taxpayer-funded jet, according to testimony from Cuomo confidante Steve Cohen.

Moran was also included in group messages where other Cuomo staffers and allies plotted how to discredit Boylan and kill news coverage of the governor’s pervy behavior, according to documents recently released by Attorney General Letitia James.

For her part, Moran acknowledges being in on the e-mail discussions, but claims to not have participated:

Despite Moran’s inclusion in weeks of messages, she insisted in a statement to The Post that she never responded with any advice about the sexual harassment claims or participated in any calls about the issue.

“I can not control being included in an email,” Moran told The Post. “In fact, I repeatedly asked to be removed from emails regarding the sexual assault allegations detailed in the Attorney General’s report and never engaged in those communications. When asked to join calls regarding allegations of sexual assault, I chose not to participate in them — every time.”

Moran’s claim that she asked to be removed from the email threads does not appear to be supported by any of the messages released by the attorney general.

And now she's leaving the executive job. The report indicates she is the third former Cuomo staffer to do so:

Meanwhile, Josh Vlasto and Rich Bamberger, two other Cuomo press staffers-turned-Kivvit employees, appear to have been more intimately involved in Cuomo’s defense than Moran. Vlasto helped spread Boylan’s personnel file to the press in an attempt to “discredit and disparage” her, while Bamberger helped gather signatures for a letter attacking her credibility, according to the attorney general.

The duo left the firm in August after The Post reported on their roles helping Cuomo and a series of lucrative contracts between Kivvit and state agencies. At the time, Kivvit also quietly updated Moran’s online bio to remove any mention of her work on Cuomo’s 2018 campaign. The company insisted that Bamberger and Vlasto had been acting entirely in their personal capacities when they helped Cuomo.

Yet documents show Moran was in multiple message threads alongside Vlasto and had been invited to join at least one group call that included him, showing that she was at least aware of his role defending Cuomo.

She will apparently be working in the marijuana industry instead of the PR agency that specializes in serving politicians and New York state government agencies.

13 December 2021: James Malatras' Golden Parachute

Run-out SUNY boss Malatras eligible for $450K 'study leave' golden parachute

This report indicates that powerful political insiders like James Malatras get special benefits that regular employees don't, even when they've engaged in extremely unprofessional and toxic behavior while on the job. Here's an excerpt from the New York Post's exclusive story:

State University of New York Chancellor James malatras, who was forced to resign amid a cloud of controversy for his role in enabling ex-Gov. Andre Cuomo, is eligible for a $450,000, year-long "study leave," a copy of his appointment contract obtained by The Post reveals.

The SUNY Board of Trustees is reviewing Malatras' contract singed Aug. 31, 2020, when he was first appointed to the position, which says the SUNY boss could pocket his current $450,000 annual salary after leaving his chancellor post.

Once teh year is up, he'll also be eligible for a max $245,000-per-year faculty post, akin to the "highest salary" in SUNY's Department of Social Science or Public Affairs at Empire State College, plus state retirement benefits.

With extra special benefits like that, it's a wonder more political apparachik's don't resign from their appointed positions more often.

12 December 2021: Editorial - Too Many New York Pols are No Shows When Ethics Reforms Are on Table

Editorial: New York state’s own watchdogs blow off ethics

This editorial blasts five of New York's seven ethics oversight organizations for public officials for being no shows when reforming the state's oversight system was on the table.

The state’s key internal watchdogs had a perfect opportunity to bring their experience and expertise to the table last week and help legislators build a better government. They blew it off.

That speaks volumes about the sad state of ethics enforcement in New York — and offers a sad commentary, however unintentional, on the integrity of these enforcers of integrity.

Invited to appear at a state Senate Ethics Committee hearing Thursday, five state investigative bodies declined or didn’t even bother to respond: Attorney General Letitia James; the Legislative Ethics Commission; the state inspector general; the Governor’s Office of Employee Relations; and the Joint Commission on Public Ethics....

The point of the hearing, led by committee chair Alessandra Biaggi, was to look at the state of enforcement of ethics and other rules in government with an eye toward improving it. And there’s surely room for improvement: JCOPE, created under Gov. Andrew Cuomo, is widely regarded as a failure — dominated by appointees of the governor, easily hobbled by political factions, and too secretive for the public to fully know the scope of official corruption. The Legislature aims to overhaul or replace the panel. (JCOPE’s former executive director did meet with the committee in August, but its new top staffer, Gov. Kathy Hochul’s appointee Jose Nieves, did not attend last week’s hearing.)....

Explaining their work; openly discussing challenges, obstacles, and limitations to fulfilling their mission; and helping legislators understand what good government in New York could look like is very much part of the job of all these bodies. And the first requirement in any job, public or private, is to show up. They didn’t.

That was a show of disrespect not just to the committee but to the people of New York on whose behalf the Legislature does this sort of work. Lawmakers should bear that in mind as they try to build a better system — and, hopefully, a more accountable one.

Perhaps its better they didn't show up. Why would you want those officials to have any say in what reforms are ultimately implemented?

11 December 2021: Chris Cuomo's Journalism Ethics Violations

GUEST EDITORIAL: Firing Chris Cuomo: In an era of increasing distrust, journalism ethics matter more than ever

This editorial originated with the editors of the South Florida Sun Sentinel, but was picked up by Glen Falls, New York's Post-Star. After introducing the background to Andrew M. Cuomo's COVID nursing home deaths scandals, they focus on the ethics lapses of both CNN and its star Prime Time presenter Chris Cuomo, brother to the now resigned-in-disgrace Governor of New York. Here's an extended excerpt:

... at a time of record high distrust in news organizations, our attention focuses more on Chris Cuomo and his former employer. For months, CNN allowed him to violate basic journalism ethics in dealing with his brother even as the network’s employees spoke up.

It’s important that Sun Sentinel readers understand these policies. At credible news organizations, staff members can’t donate to political campaigns and can’t participate in campaign events. We don’t advise candidates. Doing so would be grounds for firing.

Now let’s review what Chris Cuomo did.

As noted, he essentially produced infomercials for Andrew Cuomo that could have brought the former governor a lot of money. After Chris Cuomo joined CNN in 2013, the network barred him from interviewing his brother. That ban ended with the pandemic.

Then, last May came the first revelations that Chris Cuomo had worked to help his brother defend against allegations of sexual harassment. CNN at least should have suspended him. The network could have fired him.

Instead, CNN offered Chris Cuomo the chance to go on leave. It was not a demand. Cuomo refused. CNN President Jeff Zucker said something about “very unique circumstances.”

Similarly, Andrew Cuomo tried to brass it out as the allegations piled up. His defenses collapsed when New York Attorney General Letitia James released her investigation into the former governor’s conduct.

Fittingly, that report also implicated Chris Cuomo. It became clear that he had involved himself in his brother’s defense far more than he had acknowledged.

Example: Andrew Cuomo’s chief of staff asked Chris Cuomo to “check with his sources” at news organizations about other women who might be ready to go public with accusations against Andrew Cuomo. “On it,” Chris Cuomo responded.

Example: Chris Cuomo texted the chief of staff to critique a statement that Andrew Cuomo had released.

Example: Chris Cuomo offered to dig up information on one of his brother’s accusers. He texted the chief of staff that he had “a lead on the wedding girl,” referring to a woman who had accused Andrew Cuomo of groping her at a wedding.

Example: Chris Cuomo suggested that his brother dismiss the allegations by saying, “Sometimes I am playful and make jokes.” Andrew Cuomo did so.

Chris Cuomo tried to defend himself by saying that brothers help brothers. Elisa Batista is campaign director at UltraViolet, a gender justice organization.

“This wasn’t just brothers talking about their lives, or even about politics,” Batista said in a statement. “This was a major network news anchor actively working to support the former governor of New York in pushing back against sexual harassment allegations and denigrating survivors of abuse.”

We featured this lengthy excerpt in part to make the point that Chris Cuomo's journalistic misconduct related to supporting his powerful politician brother was highly visible to observers outside CNN as early as May 2020. That ethical misconduct was even more visible to CNN's insiders, including its managers and editors and producers, who saw much more of it from a much earlier date and tolerated it with excuses for far too long.

Until those managers and editors are axed from the broadcast outlet, CNN will remain the Cuomo News Network. Its journalistic credibility is shot.

Speaking of which, here's another example for why that's the case, involving one of Chris Cuomo's former producers.

10 December 2021: Cuomo Administration Planned to Smear Janice Dean

Andrew Cuomo’s top aide and Chris Cuomo planned to discredit Fox News’ Janice Dean over Covid criticism, sources say

We're not quite sure what to make of this report. It's from CNBC and is based on anonymous sourcing involving "private conversations" that took place among Cuomo administration officials, rather than the under-oath testimony featured in the transcripts from the New York state atorney general's probe. We're featuring it because the article presents Janice Dean's response to the reporting.

Close allies of former New York Gov. Andrew Cuomo, including his top aide and his former CNN anchor brother, plotted to find ways to discredit Fox News meteorologist and host Janice Dean after she became one of the most vocal critics of the governor’s handling of the coronavirus pandemic, according to people familiar with the matter.

Melissa DeRosa, who had served as secretary to the governor, was among the Cuomo aides who ripped Dean behind the scenes and sought to craft a public messaging strategy that would paint the Fox News personality as merely a right-wing commentator, people familiar with the effort told CNBC. Dean’s criticism of Cuomo stemmed mainly from the 2020 deaths of her husband’s parents, whom she said died of Covid in their elder-care facilities....

Chris Cuomo, who was a CNN anchor until he was fired last week, was encouraged to find information that would focus on Dean’s political leanings, according to a person familiar with the matter. It’s unclear whether Chris Cuomo ever went ahead with digging up information on Dean, or who encouraged him to seek the information. Dean started criticizing Andrew Cuomo on air and in columns during 2020, before the sexual harassment scandal exploded.

The report indicates it is "unclear if DeRosa or Cuomo’s team ever went ahead with initiating such a plan" to smear Janice Dean.

For a time, Dean was the most visible public figure to challenge the administration of Andrew M. Cuomo over its performance during the coronavirus pandemic, who kept the story of the administration's deadly 25 March 2020 directive and the excess deaths to which it contributed among New York nursing home residents. The timeline featured a profile of Janice Dean role in sustaining public focus on the Cuomo administration's COVID nursing home deaths scandals back on 24 March 2021.

Here's the text of the statement she provided to CNBC's reporters:

“As I have said from day one, this was never about politics. I watched first-hand how the governor’s office treated grieving families trying to get answers about the March 25th 2020 executive order to admit over 9,000 Covid positive patients into nursing homes. Instead of addressing our concerns or expressing their condolences, Cuomo’s spokesperson Rich Azzopardi called us a ‘death cult’ and told my sister in law to ‘get a life’ not long after both her parents died. Over the last year and a half I have seen victims of Andrew Cuomo and those demanding accountability demeaned and smeared in the press and on social media. In January of this year, Azzopardi was particularly misogynistic by responding to my inquiries and reporting as ‘not a credible source on anything except maybe the weather.’ So while I am not surprised to hear that the Cuomo’s administration alongside his brother Chris Cuomo were doing the same with me, I am glad these details are coming to light.”

The references to Richard Azzopardi are related to elements of the report. Do click through to the article for more information.

Meanwhile, the details related to Andrew M. Cuomo's COVID nursing home deaths scandals need much more scrutiny.

Update 11 December 2021: Here's related coverage from other sources:

• Chris Cuomo allegedly blasted Janice Dean as ‘that Fox weather bitch’ in smear plot

10 December 2021: Editorials - Cuomo's Other SUNY Appointees Should Also Resign and the Need for Reforms

Following the big news items breaking on 9 December 2021, we're following up with a couple of editorials addressing needed next steps related to cleaning up New York's state government and institutions.

Editorial: Malatras is resigning. Other Cuomo holdovers at SUNY should too.

The editors of the Albany Times-Union suggests the 15 members of the State University of New York (SUNY) Board of Trustees who voted to support the toxic personality of James Malatras as SUNY's chancellor should now follow his example and aldo announce their resignations from the institution.

From its obeisance in hiring Mr. Malatras — without a national search — at the behest of Gov. Andrew Cuomo to its circle-the-wagons mentality in the current scandal, to its failure even to acknowledge the situation in a fawning acceptance of the chancellor’s resignation, the board’s behavior has been disgraceful.

With most of its members still with some years left in their terms, we urge the holdovers from Mr. Cuomo’s tenure to let SUNY have a truly fresh start — and tender their resignations, too.

The situation at SUNY shows the perils of having a presumably independent board of an academic institution co-opted by a governor bent on extending his influence to every corner of government that he could. In his decade in office, Mr. Cuomo appointed or reappointed 14 of 17 current members of the board (which also includes a voting student representative and two nonvoting representatives of the university and community college faculties).

These are not just people who happen to have been appointed by the governor. Like Mr. Malatras, five of them worked in the Cuomo administration. Another, Edward Spiro, is a partner at Morvillo Abramowitz Grand Iason & Anello, a law firm hired by Mr. Cuomo’s campaign in 2014 during a federal investigation into his Moreland Commission on Public Corruption, and hired this year by the state under a $2.5 million contract to deal with a federal investigation of his administration’s handling of COVID-19 deaths in nursing homes.

At a minimum, we think Edward Spiro needs to go. Since Malatras participated in the Cuomo administration's "doctoring" of the 6 July 2020 report by New York's Department of Health to conceal the full extent of COVID deaths among New York's nursing home residents during the period Cuomo's deadly 25 March 2020 directive, his support for Malatras' continuing as SUNY Chancellor is now associated with the taint of hundreds, if not thousands, of excess COVID deaths in New York.

With his firm benefiting financially from defending the Cuomo administration's from federal criminal charges related to its attempted cover-up of those excess deaths, Spiro had an inherent conflict of interest in voting to support Malatras. He failed to either to recuse himself or to abstain in the board's vote. He has failed the test of his personal ethics.

Meanwhile, the five former Cuomo administration staffers currently on SUNY's board all came from the same toxic workplace environment of which Malatras' documented conduct is representative. It will be difficult for anyone to believe SUNY's board members have SUNY's best interests at heart while they remain.

EDITORIAL: Malatras situation symptomatic of bigger problems

The editors of the Schenactedy Daily Gazette focus on SUNY's problems, which they argue are representative of bigger problems requiring reform through New York's state government.

We all are harmed by a system that rewards influence and money over competence.

Malatras, appointed by former Gov. Andrew Cuomo last year as chancellor of the State University of New York (SUNY), resigned his post under pressure on Thursday.

The pressure came from lawmakers, educational leaders, newspaper editorial boards and others following a series of reports of inappropriate conduct while serving in various leadership positions.

We all are harmed by a system that rewards influence and money over competence.

The editors propose several remedies:

Lawmakers and education leaders must push to change that balance by reducing the number of the governor’s appointments, allowing legislators from both parties to appoint members and expanding membership on the SUNY board to include leaders in various educational sectors and institutions.

The SUNY board also needs to change its bylaws to ensure that a thorough, independent and transparent search is conducted for future chancellors.

Malatras’ unvetted appointment under the guise of the covid emergency was dereliction of board members’ obligation as educational leaders. Such a search should be conducted on a national level and include a diverse field of candidates that includes women and candidates of color.

The Malatras appointment and subsequent forced resignation exposed deep structural problems in state government well beyond Malatras himself.

If the symptoms aren’t addressed, the disease will only grow stronger.

Andrew M. Cuomo's fall from power provides many opportunities for good-government reforms in New York. To avoid failing as Cuomo did, elected state officials must take serious steps toward repairing the public's trust in state government institutions.

9 December 2021: How Can JCOPE Claw Back Cuomo's Pandemic "Leadership" Book Deal Millions?

Here's how JCOPE could force Cuomo to pay back millions

When New York's Joint Committee on Public Ethics (JCOPE) voted to rescind their staff's approval of Andrew M. Cuomo's pandemic "leadership" book deal, the question was raised how they might succeed in forcing Cuomo to give up what Staten Island-based columnist Tom Wrobleski called his "COVID blood money book".

This report describes how they are likely to proceed:

The commissioners are still in discussions on how exactly to proceed. But sources say that it’s increasingly likely that at JCOPE's monthly meeting next Tuesday, Commissioner David McNamara will introduce a motion that would order Cuomo to disgorge the millions in proceeds.

While JCOPE would issue the order if the motion passes, its language would likely leave enforcement of the order to the state attorney general’s office, which would also likely be the entity to determine whether any money recovered would go to the state treasury — and thus back to taxpayers — or be repaid to the book’s publisher, a subsidiary of Penguin Random House.

The commissioners’ strategy is to force Cuomo to disgorge the funds under provisions in the state Executive Law that created JCOPE. A section of that law allows the commission to issue written advisory opinions to state employees seeking to earn outside income, and says those opinions are binding “unless material facts were omitted or misstated by the person in the request for an opinion.”

Given the nature of how the book deal was approved and how Cuomo conducted himself in office in covering up the full extent of COVID nursing home deaths during the period his administration's deadly 25 March 2020 directive was in effect, which made his "leadership" appear more successful than it was, helping him secure the $5.2 million book deal, we think a very reasonable argument can be made for Cuomo to be forced to give the money to New York taxpayers.