13 August 2021: NY Assembly Caves on Cuomo Impeachment

Assembly will suspend impeachment investigation of Cuomo

The NY Assembly will gift Andrew M. Cuomo with a free pass on the multiple scandals it was investigating in its impeachment probe.

The state Assembly will suspend its impeachment investigation of Gov. Andrew M. Cuomo "upon the governor’s resignation taking effect on Aug. 25," Speaker Carl E. Heastie announced Friday afternoon.

Heastie said the decision, made in consultation with Judiciary Committee Chairman Charles Lavine and other Democratic leaders, was made because the investigation was being conducted to determine whether Cuomo should remain in office and "the governor's resignation answers that directive."

"Second, we have been advised by Chair Lavine — with the assistance of counsel — of the belief that the Constitution does not authorize the Legislature to impeach and remove an elected official who is no longer in office," Heastie's announcement stated.

The Times Union, citing constitutional experts, reported Wednesday that the state constitution would not enable the Legislature to impeach a governor who has resigned.

Heastie said the incomplete investigation "did uncover credible evidence in relation to allegations that have been made in reference to the governor. Underscoring the depth of this investigation, this evidence concerned not only sexual harassment and misconduct but also the misuse of state resources in relation to the publication of the governor’s memoir as well as improper and misleading disclosure of nursing home data during the COVID-19 pandemic."

Heastie said the evidence "could likely have resulted in articles of impeachment had he not resigned."

The NY Assembly could have instead chosen to focus on a single, well-documented incident involving Andrew M. Cuomo's misconduct in office, such as the misappropriation of using state government employees to produce his pandemic "leadership" book, from which he personally benefits by pocketing $5.12 million. There's little question the Assembly could have quickly approved articles of impeachment related to that single scandal, with the state senate conducting a rapid impeachment trial and permanently ousting Cuomo from any future in New York state government politics.

But that's not how NY Assembly Speaker Carl "Slow-Walking" Heastie rolls.