20 May 2021: Evidence Builds That NY Assembly's Cuomo Impeachment Probe Is a Sham

The Cuomo Impeachment Probe Is a Sham

The observer is National Review's law and courts commentator Andrew McCarthy. Here's an excerpt of his commentary:

When is an investigation not an investigation?

When it’s a stall. When it’s what they used to call the “four corners” offense before the introduction of the shot clock — the hoops version of the statute of limitations. An investigation is not an investigation when it is a rescue operation. That is what New York State’s Democratic Party establishment is conducting on behalf of Andrew Cuomo.

After identifying the impeachable conduct the Assembly would already be acting upon if its impeachment probe was a serious endeavor, which are well established and documented in the timeline, former federal prosecutor McCarthy turns to why he thinks the impeachment probe is a sham after discussing the sexual harassment allegations being investigated by both the NY attorney general and the Assembly.

As is his wont, Cuomo has proved to be haughtily inept in public statements about the germane facts and law (including harassment-law provisions that he himself championed). That, however, is a side issue; the main thing is that the harassment probe is proceeding at a snail’s pace.

That does not matter, though, to Cuomo’s allies in the State Assembly. With studied indignation, they insisted that they would leave no stone unturned in their impeachment investigation: the nursing homes, the book deal, the favorable treatment for family and friends, the sexual harassment, even a kerfuffle over bridge safety. Democrats pledged to get to the bottom of every Cuomo scandal (at least the current ones — the corruption scandal from a few years back is apparently water under the unsafe bridge).

As I explained when all this theater was rolled out, the Democrat vow to conduct a comprehensive probe was not a statement of determination; it was a pose. Democrats do not want to investigate Cuomo; they want to say they are investigating him. They are claiming to do a comprehensive probe because the more extensive it is, the longer it will take. As torpor sets in, any idea of removing Cuomo will pass. State Democrats have no intention of impeaching the governor, just of looking like they’re reacting in a serious way to convincing reports of impeachable conduct.

Naturally, it turns out that they’re so very serious about the sprawling Cuomo investigation that they’ve allocated a whopping $250,000 for Davis Polk & Wardwell, an elite New York law firm, to conduct it. That happened about a month ago, and the retention contract anticipated a year of work. I have no doubt that the “investigation” will grind on, after a fashion, for a year and more. Nevertheless, as the Post reports, $250,000 is enough … maybe … if you cut a few corners … for … wait for it … three weeks of work by Davis Polk.

That wouldn’t be enough to pay Cuomo and his staff to crank out a chapter of “his” book … although it might be enough to cover total purchases.

If there were any intention of impeaching Cuomo, he’d be impeached. New York Democrats, instead, are trying to score the best seats at his next inauguration.

It is the stuff of shams.