23 July 2021: Cuomo Attorney Accuses NY Assembly Lawmaker of "Threat to Quash Speech"

Cuomo’s lawyer slams lawmaker leading impeachment probe for flagging aide’s tweets

One of Governor Cuomo's attorneys fired back against a letter written by Charles Lavine that criticized recent tweets issued by Cuomo communications director Richard Azzopardi.

As tensions rise in the state Capitol over the Assembly’s impeachment probe of Gov. Cuomo, the governor’s lawyer on Thursday raised “constitutional concerns” about a lawmaker’s admonishment of a Cuomo aide for tweeting criticism of Attorney General Tish James.

Paul Fishman, a lawyer representing Cuomo’s office, penned a letter to Assemblyman Charles Lavine (D-Nassau) on Thursday defending senior Cuomo spokesman Rich Azzopardi.

Azzopardi last week posted a tweet suggesting James’ separate investigation of sex harassment allegations against Cuomo was politically motivated, and lamented leaks about her plans to interview Cuomo.

Lavine, the chair of the Judiciary Committee and the head of the Assembly impeachment probe, on Wednesday responded by warning of “severe repercussions” over the comment.

Fishman said Thursday that Lavine’s criticism of Azzopardi was out of line.

“Punishing executive officials for speaking about important issues of public policy is not merely inappropriate, but is fundamentally inconsistent with the core values of our nation’s founders,” Fishman wrote.

“That would be true even had Mr. Azzopardi been criticizing the Attorney General’s investigation.”

“Your threat to quash speech about an entirely different political matter makes these constitutional concerns all the more acute,” he added.

The following tweet carries the body of Lavine's 21 July 2021 letter, which references the content of an earlier letter sent on 15 March 2021:

Here’s the full letter from Assemblyman Lavine re: public comments on AG James by Gov. Cuomo’s communications director pic.twitter.com/IAQQEwO7dQ

— Nick Reisman (@NickReisman) July 21, 2021

The Cuomo administration cannot say it was not warned how lawmakers would perceive comments disparaging participants in the New York state attorney general's investigations of Andrew M. Cuomo's alleged sexual harassment and other offences, which by definition, would include the state attorney general and lawyers she hired to conduct the investigations.

That Azzopardi's attempted smears of the attorney general and investigators continue to be made without his offering any evidence to support them suggests Cuomo believes the outcome of the investigation will not be in his favor. We think that continuing absence of evidence undermines Cuomo lawyer Fishman's 22 July 2021 letter claiming Azzopardi's comments represent an "important issue of public policy".

All in all, it seems like Team Cuomo is offering up very weak sauce. What seems clear is that because they fear the legal consequences of the investigation's findings being reported, Team Cuomo's tactics are turning to proverbial throwing mud on a wall to see what might stick.

They don't have much else at this point, do they?

Update (24 July 2021): This report on statements made by New York Assembly Speaker Carl Heastie on Friday, 23 July 2021 includes the following information involving another Assemblyman responding to Fishman's letter:

Democratic Assemblyman Phil Steck (D-Colonie) who is on the committee heading the impeachment probe also weighed in on Asm. Lavine’s charges the governor's spokesman made comments to "demean attorney general Tish James".

“The governor is responsible for Rich Azzopardi, he's his spokesman. One of the key principles of the law is there shall be no retaliation and what Chairman Lavine was doing was warning the governor not to cross the line,” Steck said.