30 November 2021: Journalists' Knives Come Out for Chris Cuomo

We're seeing a rather amazing development among professional journalists following the release of CNN's Prime Time broadcast presenter Chris Cuomo's testimony confirming his very active role in assisting his brother, resigned-in-disgrace Governor Andrew M. Cuomo, as he faced allegations of sexually harassing multiple women.

CNN Says It Will Review Texts And Testimony Shedding New Light On Role Chris Cuomo Played In Assisting Brother Andrew Cuomo’s Team

This first excerpt reveals that "journalist" Chris Cuomo failed to acknowledge any aspect of the release of transcripts involving his role in Andrew M. Cuomo's efforts to acquire knowledge about which women would come forward to accuse Cuomo of sexually harassing them.

Chris Cuomo did not address the new trove of documents released by New York’s attorney general showing the extent to which he advised his brother Andrew Cuomo’s team on how to respond to sexual harassment allegations against him.

As for his employer, which famously does not maintain standards of conduct for its "star" journalists:

CNN to Seek 'Additional Clarity' About Significance of Chris Cuomo Documents

Here's the overview:

CNN says it will be “having conversations” about documents revealing new details about Chris Cuomo’s attempts to help his brother.

The network issued a statement following a report released by the New York attorney general surrounding Chris Cuomo’s request to help with former New York Gov. Andrew Cuomo’s (D) defense against allegations of sexual harassment.

“The thousands of pages of additional transcripts and exhibits that were released today by the NY Attorney General deserve a thorough review and consideration,” the network said.

The statement continued, “We will be having conversations and seeking additional clarity about their significance as they relate to CNN over the next several days.”

Translation: CNN's managers and editors are waiting to see how their peers at other media organizations react before they might take any action, but would really not like to have to take any.

The media reaction is pouring in fast and furious. Here's a sampling of headlines:

• Chris Cuomo Must Go
• Joe Concha rips CNN over Chris Cuomo controversy: He shouldn't 'sniff a microphone' until investigation is complete
• Chris Cuomo crisis: How much did he help his brother? Will CNN keep him on the air?
• BOMBSHELL: CNN's Chris Cuomo used MEDIA SOURCES to help brother Andrew navigate assault allegations
• CNN's dead man walking? Chris Cuomo's aid to embattled brother might end his anchor job
• HOW DOES CHRIS CUOMO STILL HAVE A JOB?
• Should Chris Cuomo Resign? RealClearPolitics Takeaway Nov 30
• It’s Time for CNN to Can Chris Cuomo for Being Completely Full of Crap
• ‘The View’ Hosts Say CNN’s Chris Cuomo Should Face Consequences for ‘Massive Ethical Breach’
• Gingrich on CNN's Chris Cuomo helping brother amid scandals: He 'has got to go' after lying to viewers
• Cuomo accuser Lindsey Boylan rips his bro Chris and Brian Stelter for ‘abuses of power’
• CNN's Chris Cuomo has forfeited all legitimacy as a journalist
• Chris Cuomo Violated Journalism Norms To Help His Brother and Should Resign From CNN
• Everyone in Media Thinks Cuomo Should Be Fired. CNN Isn’t Sure.
• ‘How does he still have a job?’ CNN staff sounds off as Chris Cuomo defies ban, talks bro on SiriusXM show

But wait, that's not all. The Poynter Institute also weighs in, collecting numerous other reactions from professional journalists:

Chris Cuomo helped his brother more than we knew. What will CNN do about it?

Here's an extended excerpt capturing their roundup of reactions:

Rolling Stone editor-in-chief Noah Shachtman tweeted, “If this story is accurate, it describes a series of shocking ethical breaches — fireable offenses at any other news outlet.”

Daily Beast media reporter Justin Baragona tweeted, “One would think that a network would look to rid itself of someone who was leaning on media sources to dig up dirt on women accusing his brother of sexual misconduct. One would think.”

The Washington Post’s Erik Wemple tweeted, “And this is why @CNN should have conducted an internal investigation of all @chriscuomo actions vis-a-vis his brother’s scandals. That should have happened months ago.”

And, most damning, in a piece for The Atlantic, David A. Graham wrote, “He should resign; if he doesn’t, CNN should sack him.”

Graham argues that Chris could have either stepped away from his CNN job to advise his brother, or distanced himself from his brother during the controversy. But, Chris tried to have it both ways.

Graham writes, “By keeping Cuomo on the air and in his job, CNN would send the message that journalistic ethics are only for the little people and viewers are on their own. Cuomo should take some time off and reflect on his chosen profession — and if and when he comes back, perhaps he should choose a new beat. ”

Remember when CNN billed itself as "The Most Trusted Name in News?" We're not sure why the news organization's managers and editors would choose to shred their journalistic reputation by allowing Andrew M. Cuomo's influence network to embed itself within their organization, but shred it they have. The sheer amount of housecleaning it will take to salvage a viable news network from the Chris Cuomo wreckage will be impressive if and when it takes place.

30 November 2021: Cuomo's PR Flack Called Out for False Statements

An errant op-ed: Rich Azzopardi, Gov. Cuomo and Attorney General Tish James

On 20 August 2021, the New York Daily News ran a hit piece by Andrew M. Cuomo's chief PR flack Richard Azzopardi accusing the state attorney general of using the probe of allegations of sexual harassment by Cuomo to "railroad" Cuomo out of office. The editors who green-lighted the op-ed have identified problems with claims made by Azzopardi in it following the release of testimony transcripts from the state attorney general's probe.

On Aug. 20, a few weeks after the release of the independent report on sexual harassment claims against Andrew Cuomo ordered up by Attorney General Tish James, we ran a piece of commentary by Rich Azzopardi, then and still Cuomo’s spokesman. Much of what he wrote as he built the argument that Cuomo had been railroaded was and is true.

But two assertions were not, a reality made more galling because we asked Azzopardi to reassure us that his recollection was sound. The Monday release of transcripts by the attorney general proves that his op-ed got two significant points wrong.

Azzopardi said that in the hours he spent being interviewed in the probe, far too much time was spent on “inane and sometimes bizarre lines of questioning.” One of two colorful examples, in his own words: “Did Melissa DeRosa, secretary to the governor, wear high heels? Sometimes, but she wore Converse more.” We couldn’t check Azzopardi’s transcript then because the AG’s office had yet to make it public, so we relied upon his insistent reassurance. The following day, James’ office challenged his account. We asked to see the transcript; they declined.

Now that the full Q-and-A session is public, it’s clear: No one ever asked Azzopardi about what DeRosa wore. That was a pure fabrication. Azzopardi tells us he spent lots of time prepping, and he must have conflated practice sessions with reality. That’s rich.

He also got it wrong when he wrote that investigators “threatened Executive Chamber employees with possible jail time if we spoke about our testimony.” There was no such threat, just reference to the executive law under which the inquiry was being conducted, which says unauthorized disclosure is a misdemeanor. We’re sorry we printed two lies.

Andrew M. Cuomo desperately needs better PR people and more legal help.

29 November 2021: CNN's Chris Cuomo's Role as Advisor to Andrew M. Cuomo Detailed

New details on Chris Cuomo’s role advising brother Andrew

The report relates to some of the additional transcripts of witness testimony collected by the New York State Attorney General's independent investigators that were released on 29 November 2021. The following excerpt discusses the role of the ethically troubled CNN's Prime Time broadcast presenter Chris Cuomo an a political advisor to Andrew M. Cuomo.

Chris Cuomo told investigators he spoke regularly with his brother, exchanged text messages with his top advisers and was looped in on emails in February in March as they formulated a response to allegations from multiple women.

He also offered to help try and find out through his “sources” whether more women were going to come forward, including possibly learning their identities.

That's a rather amazing journalistic conflict of interest. Not to mention a breach of professional ethics in that he would almost certainly utilize his employer's resources and organization to benefit his powerful politician brother's interests.

CNN’s Chris Cuomo snooped on Ronan Farrow’s reporting on his brother, relayed 'intel' to Andrew Cuomo aide

This report details some of Chris Cuomo's actions on behalf of his brother's political interests:

CNN’s Chris Cuomo snooped into the progress of Ronan Farrow’s reporting about his brother Andrew Cuomo and relayed it to the governor's inner circle, according to a newly released transcript of his testimony to New York state investigators in July.

Farrow, who famously won the Pulitzer Prize and helped launch the #MeToo movement with his reporting on disgraced Hollywood mogul Harvey Weinstein, also took a deep dive into alleged sexual wrongdoing by former Gov. Cuomo, the CNN anchor'solder brother.

Chris Cuomo admitted to contacting colleagues of Farrow for updates but claimed it was simply "business-as-usual" to employ such methods. Text messages released by state investigators showed top Andrew Cuomo aide Melissa DeRosa asking about "intel the CNN anchor had about Farrow's report on March 15, to which he replied it wasn't ready for publication. Farrrow's story was eventually published on March 18.

Cuomo's admission contradicts what he told CNN viewers in August when he claimed, "I never made calls to the press about my brother's situation."

This next excerpt describes his approach:

The story that CNN’s most-watched anchor then admitted he called Farrow’s colleagues to meddle in the reporting process.

"I called a fellow journalist who works with Ronan a lot. And I didn't want to contact Ronan directly. I know him. He's – he's been good to me. He's been on my show. But I didn't want to – I didn't want to push up on him like that. It's not right," Cuomo said. "I was told nothing’s coming right away."

Cuomo was asked if he told CNN he was contacting people to ask about articles being written that could damage his brother.

"No, not specifically," Cuomo said.

The attorney pressed, asking if Cuomo told CNN he was making calls on "behalf of the executive chamber or behalf of your brother to learn information" and whether that was out of the ordinary, but the CNN host claimed he didn’t see it that way.

"There was going to be an article about my brother. So I'm interested. I wasn't going to call the person writing it. I wasn't going to try to influence any of the stories. And we know that that's true because you would have read about it had I. It's not exactly a loyalty-based business," Cuomo said. "If I had tried to influence any of the reporting at CNN or anywhere else, I guarantee you people would know, and so would a lot of others. So the idea of one reporter calling another to find out about what's coming down the pipe is completely business-as-usual."

No, not even close. It would be business-as-usual for a member of a sitting governor's public relations staff to engage in such an activity. By all appearances, Chris Cuomo utilized his professional contacts as a journalist employed by a news gathering organization to gather news that would benefit his brother's political interests.

But wait, there's more inappropriate journalistic conduct:

Documents show CNN's Cuomo asking top aide: 'Please let me help' defend brother Andrew

Let's just go straight to the excerpt for this report:

CNN host Chris Cuomo asked a top aide to former New York Gov. Andrew Cuomo (D), his brother, to let him assist the team crafting the governor's response to allegations of inappropriate conduct made against the Democrat late last year.

"Please let me help with the prep," Cuomo wrote to Melissa DeRosa, a top advisor to the governor in a text message on March 3.

In another message, DeRosa wrote to Cuomo about a "Rumor going around from politico 1-2 more ppl coming out tomorrow," in reference to more accusers coming forward against Andrew Cuomo, asking the primetime anchor to check on them with his "sources."

"No one has heard that yet," Cuomo responded.

Days later, Cuomo sent DeRosa to consider having the governor deliver another statement. It read, in part, "I understand why they have to say what they are saying. I understand the political pressure I understand the stakes of political warfare, and that's what this is… And I understand the conformity that can be forced by cancel culture."

Who do you suppose Cuomo means when he said "No one has heard that yet"? Does that mean any of his journalist colleagues at CNN? How would they feel about having a status report of their work product shared with Andrew M. Cuomo's political team?

See how potentially bad for Chris Cuomo this is? As in journalism career-ending bad?

29 November 2021: NY Attorney General Releases More Transcripts of Cuomo Sexual Harassment Probe Testimony

Attorney general releases Cuomo staff interviews, video of ex-gov's testimony

The New York State Attorney General has released additional transcripts of testimony its independent investigators collected as part of its probe of Andrew M. Cuomo's alleged sexual harassment of multiple women. Previously released excerpts focused on Cuomo's testimony, which was previously provided as written transcripts, and also the testimony of the women alleging his misconduct. The following excerpt gives some details about whose testimony is included among the newly released information:

The trove of newly release materials includes thousands of pages of transcripts and video of interviews with Secretary to the governor Melissa DeRosa, top advisor Rich Azzopardi, and the ex-governor's brother, CNN anchor Chris Cuomo, who took part in strategy sessions as the administration attempted to respond to a growing number of allegations about the former governor's alleged conduct....

The material was used in the report issued by the attorney general's office on Aug. 3. A week later, Andrew Cuomo announced he would resign.

The newly added files includes video of the interviews conducted with many of the women who had made complaints against Cuomo, including current or former Executive Chamber aides Brittany Commisso, Lindsay Boylan and Charlotte Bennett.

There are also posted transcripts and related exhibits from administration members and loyalists such as Steve Cohen, Dani Lever, Linda Lacewell, Peter Ajamian and more.

We'll follow up with separate entries for any notable testimony. The written and video transcripts are available on the NY Attorney General's web site.

29 November 2021: Opinion - Hold Cuomo Accountable for NY Nursing Home Deaths and COVID Blood-Money Book

Hold Cuomo accountable for NY nursing home deaths, COVID blood-money book

SI Live's Tom Wrobleski's column argues in favor of state lawmakers doing more to hold Andrew M. Cuomo accountable for the biggest scandals of his governorship. Here's an exerpt that picks up on how interlinked Cuomo's COVID nursing home deaths scandals and his pandemic "leadership" book deal are:

Cuomo’s answer should have been quick and to the point: Book? I don’t have time to write a book. I’ve got a major public health crisis to deal with here.

But it apparently didn’t work out that way.

By July 1, Cuomo’s literary agent told Penguin that Cuomo had been working on the book and had written nearly 70,000 words.

Penguin eventually gave Cuomo a $5.1 million advance for the tome, “American Crisis: Leadership Lessons From The COVID-19 Pandemic.”

Meanwhile, on March 25, a Cuomo edict had forced nursing homes to accept COVID patients, leading to questions about whether the move caused more virus deaths among the elderly.

Attorney General Letitia James would find that the Cuomo administration had undercounted the number of COVID deaths in nursing homes by as much as 50 percent.

And the Assembly report showed that Cuomo was directly involved in editing and reviewing a state Health Department report on COVID cases in nursing homes, issued on July 6, 2020, that looked to shift blame away from the administration.

Four days later, Cuomo and Penguin finalized their book deal.

Talk about blood money.

According to the NY Assembly's impeachment probe report, the book deal provided Andrew M. Cuomo with a guaranteed $5.2 million worth of blood money. That's $80,000 higher than the previously reported figure of $5.12 million for the book contract, but we still haven' seen an accounting for that small percentage difference.

28 November 2021: Editorial - How the NY Assembly Should Seek Truth on Cuomo

Editorial: Seek the truth on Mr. Cuomo

The editors of the Albany Times-Union have a suggestion for how New York's state legislature can pursue the need to expose Andrew M. Cuomo's misconduct in office without getting into the weeds of pursuing a costly impeachment process that is unlikely to succeed against the resigned-in-disgrace former governor under current law.

If the work of investigating the former governor doesn’t feel complete, what’s to be done?

Certainly the Legislature should seek clarity on the constitutional question of impeachment. But it has an unquestioned power that doesn’t require it to wait for the outcome of a potentially lengthy court battle: the power of a legislative body and its various committees to investigate all the questions raised in the various reports that have been done to date. It can, and should, hold public hearings to hear testimony from Mr. Cuomo and his accusers and, even more importantly, all his enablers and the subordinates who did his bidding, willingly or not.

There are real questions to be explored here. What safeguards are needed to keep executive power from running out of control, and to keep agencies like the Department of Health from becoming so politicized? What ethics rules need strengthening to keep public employees from being misused for the private benefit of top officials? What gaps might there be in the state’s sexual harassment training, laws and rules? And what about the matters that weren’t investigated yet, like the Cuomo administration’s handling of safety concerns regarding the Gov. Mario M. Cuomo Bridge?

While the Assembly and attorney general’s reports don’t provide closure, they do point a possible way there. Let the truth come out, indeed.

If New York's elected legislators are serious about preventing Cuomo's documented abuses of power from being repeated in the future, they have serious options to pursue them. How serious are they?

26 November 2021: Cuomo's Toxic Pandemic Leadership

‘Ridiculous demands’ and ‘impossible requests’: Life outside Cuomo's pandemic war room

Here's the introduction to Shannon Young and Anna Gronewold's report in Politico, which draws upon new interviews with New York Department of Health officials to detail the Cuomo administration's interventions in the response of state and local public health officials during the early months of the 2020 coronavirus pandemic that made it worse.

No one dared tell Andrew Cuomo how terrible they thought his idea was.

In the summer of 2020, with Cuomo at the height of his pandemic-inflated fame, the then-governor of New York suggested that the state health department deploy half its roughly 5,000 employees to check restaurants for their compliance with the state's mask-wearing and capacity limit rules. Cuomo wanted to tout the number of tickets issued for noncompliance during his nationally televised news briefings, according to a former administration official who was on a call when the governor floated the idea.

“He was like, ‘You could use them like an army,’” said the official, who worked on the state’s pandemic response and requested anonymity to speak freely.

The governor's proposal — “an impossible request” — baffled the official, whose account was confirmed by another person familiar with the plan. But, the official said, "the call ended and no one said ‘no’ to him ... No one could explain to him how bad the idea was."

Cuomo, who resigned in August, is facing renewed scrutiny over his response to the pandemic, including allegations that he downplayed Covid deaths while writing a pandemic memoir that netted him more than $5 million. New POLITICO interviews with several former state Department of Health officials, along with a trove of government documents released this month, suggest the former governor’s behavior behind closed doors was in direct contrast to the science-first, hyper-competent image Cuomo presented in his Emmy-winning 2020 press conferences.

The interviews, combined with a legislative impeachment investigation report and transcripts made public by state Attorney General Tish James’ office, paint a picture of an administration in chaos at the height of the emergency, with political appointees and public health professionals frequently at war over decisions and messaging. As Cuomo projected calm during his daily public briefings, with thousands dying as the virus ravaged New York City, public health officials were forced to find ways to work around him.

Many NY DOH officials however obediently went along with Cuomo and his top staffers in the Executive Chamber, despite knowing what they were doing was, as in case of the enforcement of the administration's deadly 25 March 2020 directive, very wrong and would have deadly consequences. We would argue that many of these officials could face criminal and civil litigation for their roles in New York's COVID nursing home deaths scandals.

We think that is a major factor in why the cooperation of DOH officials with the NY Assembly's impeachment probe investigators stopped after Cuomo announced his resignation. They could no longer trade immunity from prosecution in return for their testimony against Cuomo during an impeachment trial. Until other investigations might produce criminal charges against Cuomo or his top staffers, where their testimony under oath could provide a basis for conviction, they will have little incentive to cooperate with investigators given their potential liability.

Overall, the report describes a toxic environment within New York's state government under Andrew M. Cuomo where few, if any, were capable of standing against the centralized planning edicts coming out from his Executive Chamber during the coronavirus pandemic.

25 November 2021: Cuomo Kept $5.12M Book Deal Secret from COVID Task Team Staffers

Cuomo’s early book dealings outrage officials tasked with pandemic response

Members of New York state's COVID task team are weighing in on the $5.12 million book deal that Andrew M. Cuomo negotiated in the early weeks coronavirus pandemic in March 2020 while they were overwhelmed by the crisis:

Officials who worked around-the-clock on the state’s early response to the coronavirus pandemic were livid after hearing that ex-Gov. Andrew Cuomo’s plot to publish a “leadership” book began on before the worst of the outbreak even hit New York.

“We were not even at the height of the pandemic in March [2020],” said one source who participated in the response to evidence unearthed in the Assembly Judiciary Committee’s impeachment probe report on Cuomo.

The governor’s emergency directive ordering the closure of non-essential businesses didn’t take place until March 22, 2020, but his literary agent had already started having conversation with publisher Penguin/Random House about the book three days earlier....

“We were scrambling to make sure we had enough hospital beds, that we had enough ventilators,” fumed the state official involved in the COVID-19 response, who requested anonymity because of ongoing probes of Cuomo.

That's not the only anonymous complaint from former Cuomo administration staffers who were unaware Andrew M. Cuomo's pandemic "leadership" book deal had been struck:

Officials also expressed surprise by the whopping $5.1 million paycheck he’d receive for the tome.

“It’s making people wonder how that offer and those conversations so early on factored into the COVID response. If you were aware from the very early days [you were writing a book], how does it impact how you operationalize response and make decisions?,” a second official in the Cuomo team’s emergency response said.

“None of the rank and file staff knew about that.”

The Albany insider added, “It is frustrating because there were a lot of people working these insane hours and doing everything they could to build hospitals or set up testing sites or help with the response efforts and PPE and I think now all of that is going to be tainted by the fact in the background of all it there was a book deal being negotiated.”

The book deal gave Cuomo a large financial incentive to interject his "leadership" in New York's response to the coronavirus pandemic from which he would personally profit. His repeated interference in statewide and local public health responses produced both harmful and deadly consequences within New York.

24 November 2021: Opinion - It’s Not Too Late to Punish Andrew Cuomo for His Covid Atrocities

It’s Not Too Late to Punish Andrew Cuomo for His Covid Atrocities

This opinion piece appeared in The New Republic, of all places. We've excerpted the following three paragraphs (emphasis ours):

An inveterate plotter, Cuomo will undoubtedly continue to seek revenge on his perceived enemies and rivals. But a report released Monday by the New York State Assembly as part of its impeachment investigation should be the final nail in his political coffin. The result of an eight-month investigation, it is a damning account of the myriad ways in which the governor abused his power. Much of the press coverage has unsurprisingly focused on the lucrative deal the governor signed for a book about his leadership during the pandemic and the report’s finding that “the former Governor’s challenges to the allegations” of sexual harassment cannot “overcome the overwhelming evidence of his misconduct.” But its most damning contents revolve around the cover-up of nursing home deaths in the early months of the pandemic—an indelible moral failing that the ex-governor still has not been held accountable for....

Per the Assembly’s report, the administration went to great lengths to ensure that only nursing home residents who died of Covid-19 in nursing homes were counted—residents who died in other facilities were not counted as nursing home deaths, deflating the number, even though it’s highly likely that many of those contracted the virus in their residences before dying in different medical facilities. Nationwide, more than 170,000 nursing home patients have died in the pandemic—the Covid Tracking Project estimated that one in ten nursing home residents have died of the virus—and more have died in New York than in any other state. While the true number of nursing home deaths is still cloaked in mystery, an investigation from the state attorney general’s office in January found that “published nursing home data reflected and may have been undercounted by as much as 50 percent,” suggesting that the figure could be higher than 15,000....

The Assembly’s report has revived talk of impeachment—although the fact that Cuomo has left office makes that prospect unlikely. Still, given the severity of the allegations and the fact that they have now been corroborated multiple times, there is a strong case for taking action to hold the former governor accountable. “The impeachment process, I don’t believe, is just to remove someone from office,” Democratic Assemblyman Angelo Santabarbara told Spectrum News. “It’s also to reject this behavior, reject what this governor was doing and was using his office for. We also have to set an example here.”

It would seem to stand in Cuomo's successors interests to put him away, once and for all. What will the dealmakers in the NY Assembly do?

24 November 2021: Bill Establishing $4 Billion Compensation Fund for NY COVID Nursing Home Victims

$4B COVID fund proposed for nursing home victims

On 17 November 2021, NY Assemblyman Ron Kim (D-Queens) introduced legislation setting up a compensation fund for the families of nursing home residents who died from COVID during the period Andrew M. Cuomo's deadly 25 March 2020 directive was in effect.

Legislator Ron Kim, a noted critic of former Gov. Andrew Cuomo’s COVID-19 nursing home policies, is proposing a $4 billion compensation fund for civil claims arising from personal injuries or the death of nursing home residents in New York due to COVID-19.

Kim, D-Flushing, recently introduced A.8489, the Justice for Nursing Home Victims Act, in the Assembly. Thus far, Kim’s legislation isn’t getting much support from his fellow legislators — there is not yet companion legislation in the state Senate and the bill has no co-sponsors in the Assembly.

The Justice for Nursing Home Victims Act would amend the Public Health Law to establish a Nursing Home Resident COVID-19 Compensation Program, creating a commission to administer the compensation program and procedures for disbursing damages compensation to the estates of individuals who are eligible by law to claim damages. Eligible individuals would include the residents of nursing homes as well as those temporarily admitted for subacute care and rehabilitation.

Kim also proposes reversing any public policy that limits the liability of nursing homes while amending the Public Health Law to designate responsibilities for nursing homes during a pandemic and explicitly holding nursing homes liable for negligence resulting in the wrongful death of residents.

Lastly, the legislation amends the state Civil Practice Law to allow civil claims or causes of action related to personal injury or death to be filed for up to two years after the legislation takes effect, if it is passed.

Kim previously proposed the $4 billion fund back on 30 September 2021. The new development here is introduction of the A8489 bill encoding the proposal into legalese that the New York Assembly may vote upon. The bill is in committee at this writing.

24 November 2021: What Laws Has Cuomo Broken?

Cuomo faces potential legal hurdles after Assembly report

This report draws on the experience of several attorneys to identify what criminal charges Andrew M. Cuomo might face related to information contained in the New York Assembly's impeachment probe report.

While former Gov. Andrew Cuomo is out of office and impeachment is off the table, members of the State Assembly made it clear in a report released this week that they are sharing the information they uncovered with various law enforcement agencies.

The report found that Cuomo used state resources, and workers, to write his COVID book last year, from which he personally profited. It’s a red flag for legal experts.

“This is a serious violation, the one involving the book,” Columbia Law School Professor Richard Briffault said. “It’s a straightforward violation of the law. He used government resources, he used government time and he used government personnel, on a private project that directly benefited him to the time of $7 million. It’s at the very least subject to fines, and it ought to be subject to disgorgement, giving up the money.”

Cuomo was paid more than $5 million for the book, which was published in October of 2020. Federal prosecutors had already been looking into allegations the former governor deliberately downplayed COVID deaths in nursing homes.

“The question is whether federal prosecutors, in particular in the Eastern District, are going to indict the governor on theft of honest services charges, which is basically enriching yourself using government resources,” said John Kaehny, a member of Reinvent Albany, a non-profit organization.

Experts say there is likely enough evidence to support state charges against Cuomo, including a civil case from a local district attorney or even the state attorney general.

A federal prosecution is trickier, however, with the definition of Honest Services Fraud narrowed by the U.S. Supreme Court. But it’s certainly not out of the realm of possibility.

“There probably are a couple of federal statutes that arguably could come into play, including one that involves essentially theft from a state government,” said defense attorney Joshua Colangelo-Bryan. “The state law analog that is closest is probably defrauding the government.”

We think Professor Briffault misstated the extent to which Cuomo directly benefited from his pandemic "leadership" book, which he identified as $7 million. At this time, we're only aware of the $5.12 million book deal contract, which the report describes as "more than $5 million" in the following paragraph of the above excerpt.

Given the leisurely pace at which law enforcement agencies do their work, it may be several months before we know what, if any, criminal charges Cuomo may face.

23 November 2021: Timeline of How Cuomo Hid COVID Nursing Home Death Toll While Negotiating Book Deal

Timeline of how Cuomo hid COVID nursing home death toll while negotiating book deal

We've long argued Andrew M. Cuomo's pandemic "leadership" book deal is intricately linked with Cuomo's COVID nursing home deaths scandals. This report lays out the timeline for major events linking the two sets of scandals that many thought were two separate scandals until the New York Assembly's impeachment probe report was released.

23 October 2021: Can Cuomo Still Be Impeached?

Debate over impeaching Cuomo centers on whether it can be done

This article considers the debate among members of the state legislature on whether they can still act to impeach Andrew M. Cuomo, despite his having resigned from office.

Lawmakers in Albany are continuing to spar over whether to impeach former Gov. Andrew M. Cuomo, with much of the debate focused on whether the Legislature has the constitutional authority to remove someone who has left office.

The initiative began in March when Assembly Speaker Carl E. Heastie, in the of of mounting allegations of misconduct against Cuomo, directed the Judiciary Committee to conduct an impeachment inquiry. Eight months and a projected $5 million later, a damning investigative report was released Monday that affirmed many of the earlier findings of misconduct against the governor by the state attorney general's office.

But many lawmakers believe the 45-page report issued by a private law firm that was hired to conduct the Assembly's investigation establishes the thresholds necessary to impeach Cuomo — a politically posthumous effort that would potentially dim the chances — but not block them — of his return to public office. The impeachment debate was further clouded because the report included a section detailing why the attorneys say impeachment is not an option after Cuomo's resignation.

Lawmakers have differed, not along typical party lines, on the best way to seek recourse for the injustices they believe Cuomo committed while in office. That debate became the focus of the report's aftermath on Monday as lawmakers focused their energy on whether to impeach spent less time debating how to reform a system some good government groups view as broken.

Judiciary Committee Chairman Charles D. Lavine acknowledged that the conduct of Cuomo is "indicative of someone who is not fit for office," he stopped short of a renewed call for impeachment.

If you're interested to learn more, please do click through to review the arguments advanced in the article, where we find the lawmakers who have ranked Cuomo's COVID nursing home deaths scandals highly at the center of the "pro" impeachment movement. The question is whether they can overcome the reluctance of Democratic party leaders in the New York State Assembly and Senate to have a vote on Andrew M. Cuomo's impeachment.

23 November 2021: Editorial - Cuomo's Top Staffers Helped Author Deadly Directive

The book report: In zeroing in on Cuomo’s use of official staff to write his book, the Assembly impeachment report does a public service

The editors of the New York Daily News focus on a bit of testimony on the authorship of the Cuomo administration's deadly 25 March 2020 directive contained within the New York Assembly impeachment probe report:

As to the games played with COVID nursing home death numbers, the report contains fewer revelations, though there are two troubling ones: The only Health Department professional on the state’s COVID task force, DOH Commissioner Dr. Howard Zucker, “did not have regular meetings” with Cuomo and “found it difficult to speak directly” with him during the pandemic. And when Zucker testified before the state Senate, a Cuomo staffer wrote him a message on a whiteboard suggesting he say the infamous March 25 nursing home directive was written by his agency without the involvement of the Executive Chamber. That would’ve been an under-oath lie; thankfully, Zucker didn’t follow the advice.

This passage may help explain why Zucker was allowed to resign rather than be fired after Andrew M. Cuomo resigned.

23 November 2021: Opinion - NY Assembly Impeachment Report Throws Book at Cuomo

Churchill: Report throws the book at Cuomo

Albany Times-Union columnist Chris Churchill retells much of what's in the New York Assembly's impeachment probe report into Andrew M. Cuomo's misconduct in office, but he adds something new about what the report means:

... tarring the Assembly report as politically motivated is more difficult. These were Democrats investigating a Democrat who has already resigned from office, a man who has an $18 million war chest he can use to smear all who cross him.

Members of the Assembly have every reason to stay on Cuomo’s good side, then. And that this long-delayed report happened to arrive during the distracted Thanksgiving week suggests an intent to minimize, not maximize, damage to the former governor.

The damage will nevertheless be significant and lasting, since any sentient person who reads the report will understand that Cuomo used the tragedy of the pandemic, a true American crisis, to make himself rich with "American Crisis."

Ouch.

23 November 2021: Cuomo Cover-up of COVID Nursing Home Deaths Originated in March 2020

Cuomo team talked lowballing COVID-19 nursing home deaths

This report focus on the findings in the New York Assembly's impeachment report related to Andrew M. Cuomo's cover-up of the full extent of COVID deaths at New York's nursing homes, confirming the cover-up began much earlier than has generally been accepted in media reports.

After disgraced former Gov. Andrew Cuomo spent more than a year blaming everyone but himself for the nursing home controversy – including The Post — the state Assembly’s damning impeachment probe revealed both Cuomo and his top aides hid nursing home data from the public while negotiating his $5.1 million book deal.

According to a report released Monday, Cuomo was aware as early as March 2020 that nursing home deaths were being undercounted, and a special Department of Health team was assigned to reevaluate the figures following discussions with DOH and COVID-19 Task Force officials.

In addition, the report shows Cuomo was directly involved in editing and reviewing the DOH’s supposedly exculpatory July 2020 report on the COVID-19 count in nursing homes in order to “strengthen” his defense of the notorious March 25 directive that required nursing homes to readmit residents who tested positive for the coronavirus.

Our analysis had put the beginning of the Cuomo administration's cover-up in early April 2020, but it is clear its roots extend all the way back into March 2020. We think Cuomo chose to exploit the state's early problem in undercounting COVID deaths among nursing home residents after establishing its deadly 25 March 2020 directive, which is what changes the issue from one of incompetence to one of corruption.

The NY Assembly impeachment report confirms Cuomo's top staffers knew about the undercount:

In April and May 2020, after the Health Department had been publishing fatality data for “several weeks,” investigators found that Cuomo’s Executive Chamber staffers were aware that “certain fatalities in nursing home facilities due to COVID-19 were not included in the published data.”

The lowballing was the topic of “multiple discussions” among Cuomo’s top staffers and members of the governor’s COVID-19 Task Force. Those high-level government employees exhibited a “reluctance to admit error” when their number-fudging was discovered, lawmakers say.

The Assembly report shows the governor’s aides and task force members deliberately opted to publicize the smaller figure of 6,000 deaths — which included only fatalities in care facilities — instead of the larger number of 10,000, which represented all COVID-19 deaths among nursing home residents.

Witnesses told investigators that the same Executive Chamber official who was the “key point person” for Cuomo’s book deal also made the call that only in-facility deaths would be included in the health department report.

Sources identified that “key point person” as Melissa DeRosa, a former top Cuomo aide who the report found “sent and received at least 1,000 emails” about the book between July and December 2020.

The report notes DeRosa had claimed the Cuomo administration "froze" becase it was afraid of criminal investigation by the U.S. Department of Justice, but that investigation began months after its cover-up had begun. The Cuomo administration's choice to engage in a cover-up is unrelated to any federal investigation.

We think it's just a matter of time before criminal charges are filed related to Cuomo's COVID nursing home deaths cover-up.

22 November 2021: NY Assembly Report - Cover-Up of COVID Nursing Home Deaths Confirmed

Read the Assembly's report on Cuomo's alleged abuses of power

This article summarizes the NY Assembly's impeachment probe report's major findings. In the following extended excerpt, we've focused upon Andrew M. Cuomo's attempted cover-up of the full extent of COVID deaths among New York nursing home residents:

The Assembly report also examines whether Cuomo directed his staff to inappropriately withhold or misrepresent information regarding the effects of COVID-19 on nursing home residents in New York, particularly a July 2020 report created by the state Department of Health examining the fallout of a controversial health department guidance that some have blamed for significant deaths in New York nursing homes.

"Evidence obtained during our investigation demonstrates that while the DOH report was released under the auspices of DOH, it was substantially revised by the Executive Chamber and largely intended to combat criticisms regarding former Gov. Cuomo’s directive that nursing homes should readmit residents that had been diagnosed with COVID-19," the report states.

"In preparing the DOH report, members of the Executive Chamber and the (New York) COVID-19 Task Force considered which population of deaths to disclose: deaths of nursing home residents that had occurred within the nursing home facility only, or whether to also disclose deaths that occurred outside the facility, such as after transfer to a hospital. The DOH report ultimately disclosed in-facility deaths only."

The decision to exclude the out-of-facility deaths "resulted in a report that was not fully transparent," the report found.

The U.S. Department of Justice has been examining the suppression of COVID-19 death numbers by Cuomo's administration, as well as the timing of that suppression as Cuomo's book deal loomed.

The federal criminal investigation is focusing on why the administration — under the direction of top members of the governor's task force — had begun "stockpiling" information on people who were presumed to have died of COVID-19 in nursing homes. At one point last year, the number of unreported deaths in that category rose into the hundreds, a person briefed on the investigation said.

The Assembly's investigators have shared information with law enforcement regarding the former administration’s handling of nursing home death data.

According to the report, Cuomo and his counsel were given numerous chances to respond to the allegations, but only issued the following statement:

“Nothing about the conduct by individuals in the Executive Chamber in reporting data was unlawful,” the statement read, while pointing to a written presentation given to the U.S. attorney’s office that made “clear that there was no wrongdoing.”

For two weeks around April to May 2020, certain nursing home deaths were not included in published Department of Health data, including deaths reported by nursing homes after 5 p.m. each day, making the data incomplete.

Executive Chamber employees and health department administrators knew it was a problem. The report details that when an employee told a task force member about the undercounting, the member responded, saying something akin to, “Do you want me to admit that we have been reporting deaths incorrectly?,” according to the report.

In the preparation of a Department of Health report issued in July 2020 to explain the administration's COVID-19 nursing home policies and the reporting of deaths in those facilities, the Assembly's investigation found Cuomo was granted control to review and edit a draft of that report on "multiple occasions." Cuomo used those opportunities to defend his controversial March 2020 directive instructing that nursing homes must accept residents discharged from hospitals even if they were positive for COVID-19.

Health department officials raised concerns that the data contained in drafts of the report couldn’t be verified by their staff. Moreover, health officials worried that the report was not scientific or medical in nature.

Let's remove any doubt. After Cuomo's senior staffers finished their doctoring of what became the DOH's 6 July 2020 report, it was neither scientific nor medical in nature.

22 November 2021: NY Assembly Report - Cuomo Personally Profited from State Government Employees Work on Pandemic "Leadership" Book

State workers' help with Cuomo's book not always 'voluntary'

Andrew M. Cuomo stands to pocket $5.12 million from his pandemic "leadership" book deal, for a book with significant portions that were produced by state government employees during regular working hours according to the NY Assembly's impeachment probe report.

As they extensively helped former Gov. Andrew M. Cuomo produce a book netting him $5.1 million, some government staff did not feel the assistance was voluntary, according to an investigative report by the state Assembly.

The report rebuts Cuomo's contention that their work was voluntary and not done on government time. While the Assembly is no longer seeking to impeach Cuomo following his resignation in August, the evidence could be crucial in the pending criminal investigation by Attorney General Letitia James' office, which is examining potential misuse of government resources in the production of Cuomo's book, "American Crisis: Leadership Lessons from the COVID-19 Pandemic."

The report said staff assisted with the governor's making of the book "as part of the regular course of work in the Executive Chamber, including during normal work hours."

The investigation, conducted by a private law firm, Davis Polk & Wardwell, said an unnamed "senior state official explained that book-related assignments were given by superiors and expected to be completed, and the work was not voluntary."

Cuomo failed to cooperate in “any meaningful way” with the Assembly's investigation, and key senior officials also declined to cooperate, the report states....

According to the report, certain senior Executive Chamber officials and Cuomo-appointed COVD-19 Task Force members also spent significant time working on “American Crisis.”

“One task force member explained that book-related assignments were given in the same manner as other, state-related COVID work assignments,” the report states. “That task force member performed substantial work on the book and did not recall ever volunteering to do so.”

The report also provides the following information about Andrew M. Cuomo's book deal negotiations:

The report also revealed that a Penguin representative stated that there was a “strict deadline” to publish before the 2020 presidential election, and Cuomo assured that target would be met. On July 8, 2020, according to the report, an auction process began and involved three publishers. The bidding started at $750,000 but escalated into the $5 million range, with Penguin prevailing two days later.

That is the same day that Cuomo first sought approval from the state Joint Commission on Public Ethics to write the book, although by that time, it was already substantially completed. Also on July 10, Cuomo made a misleading public statement in a radio interview about the progress, stating, "I am now thinking about writing a book."

When Cuomo sought approval from the ethics commission, special counsel Judith Mogul explicitly promised that government personnel would not be used. And in approving the book project on July 17 last year, a staff member for the commission wrote that state personnel could not be utilized as a condition of the approval.

According to the Assembly report, the book contract was negotiated over the next week, guaranteeing compensation of more than $5 million in royalty advances. The package also provided for additional “refresher bonuses” of around $1.25 million if certain earnings targets were reached. Yet in an August 2020 radio appearance, Cuomo stated that he would make a substantial amount of money, “only if [I] sell a lot of copies."

In other words, Cuomo publicly lied about the money he would make from the book deal.

22 November 2021: NY Assembly Impeachment Probe Report Confirms Link Between Book Deal and Nursing Home Deaths Cover-up

State Assembly releases report on Cuomo sex harassment, COVID cover-ups and memoir

The New York Assembly's Judiciary Committee has released its report on the findings of its impeachment probe of Andrew M. Cuomo. It adds one more sexual harassment victim to the 11 covered in the state attorney general's 3 August 2020 report, which we think will draw the most attention in the media. More significantly, the report also confirms the Cuomo administration's cover-up of the full extent of COVID deaths among nursing home residents and Cuomo's mis-use of state resources to produce his pandemic "leadership" book and confirms the two scandals are interlinked. Here's an excerpt from the New York Post's coverage of the story:

According to the Assembly’s account, the memoir was in the works during the pandemic’s initial stages — fewer than three weeks after the first New Yorker tested positive for the virus and one day before the Cuomo-mandated March 20 shutdown of non-essential business.

“The book publisher first reached out to Cuomo’s literary agent about writing a book on March 19, 2020 — just weeks into the pandemic,” the report states.

By July, the scandal-scarred governor had authored 70,000 words about helming the state during the global health crisis as hundreds of thousands of New York State residents died of COVID-19, according to Assembly investigators.

The report also confirms that one of Cuomo’s most brazen claims — that his order for nursing homes to accept COVID-19-positive patients discharged from hospitals did not lead to deaths — was directly linked to the book.

On July 6, the Cuomo administration released a report purportedly showing that the controversial policy was not to blame for fatalities among residents. The same day, Cuomo and a senior Executive Chamber official reportedly met with representatives from Penguin Random House, the publisher of his memoir, about “the content” of the book.

“It’s crystal clear now that Andrew Cuomo has had a financial motive to suppress nursing home death toll numbers,” fumed State Assemblyman Ron Kim (D-Queens). “The report clarifies how the former governor abused his power to lie and cover-up life and death data to preserve his lucrative book deal. These are beyond impeachable offenses, and we must hold him accountable.”

“Cuomo was trying to meet a deadline for the book in the middle of a pandemic!” fumed Vivian Zaya, co-founder of Voices for Seniors. “It was about the fame and money at that point, not frail seniors.”

The report also reveals that during testimony before the New York State Senate in August 2020, a senior Executive Chamber employee directed a senior Department of Health official to tell lawmakers that the March 25 nursing home directive was authored by the health department without involvement from Cuomo’s administration. The statement was false, and the senior DOH official did not comply with the demand, according to the probe.

More broadly, the Assembly’s evidence shows that the former governor and his top staffers “were not fully transparent with the public regarding the number of COVID-19 deaths among nursing home residents.”

What will the NY Assembly do now that the report confirms Cuomo's biggest scandals?

22 November 2021: New York Assembly Impeachment Report Probe Is Released

The New York Assembly Judiciary Committee's report on the findings of its impeachment probe of Andrew M. Cuomo has been released. Here's a copy of the report:

Cuomo Report by cseiler8597

21 November 2021: NY Lawmakers - Cuomo Should Be Impeached

Lawmakers: Assembly’s Cuomo probe grounds for impeachment

This report captures a statement released by NY Assemblyman Ron Kim (D-Queens), who argues the state legislature must follow through on its probe of Andrew M. Cuomo's misconduct in office and impeach him.

Queens assemblyman Ron Kim, who blew the whistle on Cuomo’s handling of nursing home deaths during the pandemic, issued a statement saying the Assembly must prepare to impeach the disgraced politician to bar him from holding office again in the state.

“As we wait for the release of the Assembly Judiciary Committee’s impeachment report, our legislative body must prepare itself for an extensive impeachment trial so we can hold Andrew Cuomo accountable for his crimes,” said Kim, a democrat vocal opponent of Cuomo, in a statement.

“We already have anecdotal corroborations that the disgraced governor broke the Public Officers Law multiple times, and therefore, we must see this report to its logical end and impeach the former governor,” Kim added.

Kim joins Democrat Phil Steck, an assembly member representing Colonie, who told The New York Times he also felt the report would justify Cuomo’s impeachment, describing the investigation as “right, just and fair.”

“When you read the report you come to the conclusion that [Cuomo] basically transformed the executive chamber to write a book for his own personal enrichment,” Steck said.

It remains to be seen if the report will change the minds of both Assembly Speaker Carl Heastie and Charles Lavine, the chair of the Judiciary Committee, who have spoken out against pursuing an impeachment.

There are legal questions of whether New York's state constitution would permit the impeachment of a state official who resigns before they might be impeached, so it will be interesting to see what might develop among lawmakers on that count. Based on his previous statements and general conduct, which includes slow-walking and stalling the Assembly's impeachment probe for months to protect Cuomo, we think it is unlikely Assembly Speaker Carl Heastie will support impeachment unless enough Democratic Party members of the legislature make enough noise to follow it through.

Here is the 20 November 2021 Twitter post containing Assemblyman Kim's statement:

My statement on the upcoming release of the Assembly’s impeachment investigation report: pic.twitter.com/pA41wQeC4A

— Ron T. Kim (@rontkim) November 20, 2021

20 November 2021: COVID Nursing Home Deaths Scandals Witnesses Clammed Up After Cuomo Quit

Lawmaker: Assembly report on Cuomo includes 'things that made my jaw drop'

This report indicates the NY Assembly Judiciary Committee's report on its impeachment probe findings will be made public before Thanksgiving. It also captures the reaction of a Republican party member state lawmaker, which we're featuring in the following excerpt (sort of a match set with the reaction of a Democratic party member state lawmaker to the report we featured yesterday).

Assemblywoman Mary Beth Walsh, R-Ballston, said the report includes sections examining allegations of sexual misconduct; Cuomo's controversial book deal; the former administration's handling of data on nursing home COVID-19 deaths; and a potential structural flaw covered up during the building of the Gov. Mario M. Cuomo Bridge.

The sexual harassment section includes "a couple things that made my jaw drop," Walsh said. The nursing home section did not go far enough for Walsh, who said that might have been because "after the governor resigned, any cooperation ended."

"It does provide some new information and new corroboration," she said. "This information will be helpful to the investigations that are ongoing."

Let's take a moment to focus on the nursing home section and consider why the reported cooperation of witnesses ended when Andrew M. Cuomo's chose to resign in disgrace rather than face impeachment.

We suspect the cooperation ended because after Cuomo's resignation, the witnesses to the Cuomo administration's nursing home deaths scandals would no longer be able to trade their testimony under oath against members of the Cuomo administration for any kind of immunity from prosecution. That's important because many of these individuals were also participants in the scandals, both from enforcing the Cuomo administration's deadly 25 March 2020 directive that forced nursing homes to admit COVID patients being dumped out of hospitals to free up their bed space and its acknowledged cover-up of the full extent of COVID deaths among New York nursing homes that resulted.

That's not to say they might not resume their cooperation should either state or federal criminal charges be brought against Cuomo. Until that might happen, the witness would have the incentive to remain silent to limit their own legal liability for their participation in Cuomo's COVID nursing home deaths scandals.

Getting back to the timing of when the Assembly's 45-46 page impeachment probe report might become public, it could be as early as Monday, 22 November 2021, since the article indicates the final two of Assembly's Judiciary committee members will review it today (Saturday, 20 November 2021). Whether it will depends on what has to happen first before it is made public.

19 November 2021: NY Assemblyman Gives Preview of What's in the Assembly's Cuomo Impeachment Report

Steck: NYS Assembly report on Cuomo ‘validates’ findings of AG investigation

NY Assemblyman and member of the Assembly's Judiciary Committee Phil Steck describes some of what he reviewed in the committee's forthcoming report on the findings of its impeachment probe of Andrew M. Cuomo, which he indicated is 46 pages long, not including footnotes:

New York State Assemblyman Phil Steck has confirmed to NEWS10 that the Assembly Judiciary Committee’s investigation into former New York Governor Andrew Cuomo validates the findings of the Attorney General’s investigation. The NYS Attorney General’s Office released their report in August, finding that Cuomo harassed multiple women.

“Reading it is disturbing, but 90% of it has already been in the public eye through various other reports or through the news,” said Steck.

That's his summary of the impeachment probe's sexual harassment findings. The report also finds clear fault with how Cuomo produced his pandemic "leadership" book, which put $5.12 million into his own pocket for work it confirms was produced by state government employees:

He said the report found Cuomo did use state resources to write and publish his book for a personal profit.

“It’s very clear that the governor ran the exec chamber to produce the report, which he was told by JCOPE not to do. So, his argument was that these people were volunteering, that’s contrary to the evidence,” said Steck.

The impeachment probe report also points to the Cuomo administration's intervention in state Department of Health reports to cover up the full extent of COVID deaths among nursing home residents:

The report says the Governor’s office intervened before the Department of Health could release two sets of data on nursing home deaths, and had them only release one set of data of patients who physically died in nursing homes. Steck said this act by Cuomo was a “material misrepresentation” of what was going on in nursing homes.

That's the short preview of what's in the report that will soon be released to the public.

19 November 2021: Cuomo Defense Attorney Demands State AG Recuse Self from Book Deal Probe

Cuomo defense lawyer demands AG recuse self from probe into COVID memoir

Andrew M. Cuomo's defense attorney has been making lots of demands lately. This report covers yet another of those demands from 18 November 2021.

Ex-Gov. Andrew Cuomo’s defense lawyer demanded Thursday that Attorney General Letitia James immediately recuse herself from a pending probe into his $5.1 million pandemic memoir — while acknowledging the two Democratic pols could soon be squaring off over his old office.

Lawyer Rita Glavin said James’ recently announced campaign for governor made it a conflict of interest for her to investigate her predecessor and noted “widespread speculation” that Cuomo “may attempt a political comeback.”

“I don’t know what the answer to that is. But the very fact that there is speculation and people are talking about it — we have unnamed former advisors talking about it — means that it’s in the head of anyone who’s running for governor,” she said during a virtual news conference livestreamed on Cuomo’s campaign website.

“And we know that the attorney general is, and she needs to do the right thing by the public, by [Cuomo] and by her office, and recuse because of the gubernatorial campaign.”

In other words, because Cuomo's PR team has been promoting stories he may once again run for office, Cuomo's defense attorney is demanding the state attorney general must recuse herself from investigating Cuomo's $5.12 million pandemic "leadership" book deal because she has announced she is running for the Democratic party nomination for New York governor.

The report concludes with the following statement from the Letitia James' spokesman:

In a prepared statement, a James spokesperson said: “Andrew Cuomo’s schoolyard bullying and lies have gone on for long enough. New Yorkers are tired of this circus and tired of the day-to-day sideshow by a former governor who is just grasping for the spotlight.”

“Today’s embarrassing press conference was simply dramatics and faux outrage. To be clear, we stand by the report into multiple allegations of sexual harassment against Andrew Cuomo and, more importantly, we stand by the women who were brave enough to come forward and speak truth to power,” James’ spokesperson added.

“If Andrew Cuomo didn’t want to be accused of sexual harassment, he shouldn’t have sexually harassed multiple women in the first place.”

Closing thought: If Andrew M. Cuomo did run for office, by his personal defense attorney's logic, wouldn't she have to refrain from making any critical statements or demands of the state attorney general?

18 November 2021: Cuomo Defense Attorney Wants Special Access to NY Assembly Impeachment Report Before It Goes Public

Cuomo attorney assails AG James, asks to see Assembly impeachment report before it goes public

Andrew M. Cuomo's attorney has previously attempted to influence the writing of the New York Assembly's report on the findings of its investigators' probe into multiple episodes of Cuomo's alleged misconduct in office. Now, as legislators are lining up to read the report, one by one, she's demanding to see it before anyone in the public is allowed to read it.

Former Gov. Andrew Cuomo’s attorney wants the chance to review the state Assembly’s soon-to-be-released impeachment report before it’s made public.

Cuomo’s attorney Rita Glavin said Thursday she wants to see all the evidence collected by the law firm contracted to probe a host of allegations against the disgraced Democrat.

“The fact that we have not been given access to the evidence puts us in a position where we can not respond adequately,” she said during a virtual press conference.

The pitch comes as the Assembly readies to release the results of its aborted impeachment probe, which is expected to back many of the damning sexual harassment allegations outlined in an August report from investigators working under Attorney General Letitia James.

Andrew M. Cuomo must really miss the days when he could abuse his power and influence the way his attorney now demands for the very same reasons he did while New York's governor.

18 November 2021: JCOPE's Dysfunction May Block Clawback of Cuomo's Book Deal Millions

Andrew Cuomo may keep $5.1M COVID payday despite JCOPE reversal: experts

This report describes how the long-running dysfunctionality of the Joint Committee on Public Ethics (JCOPE) may undermine its attempt to force Andrew M. Cuomo to give up the $5.12 million in proceeds he gained from his controversial pandemic "leadership" book deal.

Former JCOPE commissioner Ellen Yaroshefsky said she believes the watchdog panel acted within its authority by concluding that Cuomo violated the agreement not to use government resources when canceling its prior approval of the publishing of his book, “American Crisis: Leadership Lessons from the COVID-19 Pandemic.”

Cuomo rushed through preparation and publishing of the big-bucks book in the middle of the pandemic, amid the deaths of tens of thousands of nursing home residents and other New Yorkers, provoking outrage and federal and state investigations.

But Yaroshefsky, an ethics law professor at Hofstra University, said the problem is the new decision is “consistent with JCOPE’s pattern of inconsistency.”

“They should win in court — but you never know. It’s also political,” said Yaroshefsky, who served on JCOPE after its creation from 2012 to 2014 and resigned in protest over meddling in its deliberations by Cuomo’s office.

“There’s a question of whether JCOPE followed their own processes. It’s not a slam dunk in court because of the bizarre history of JCOPE,” she said....

“The entire process has been political from the very beginning [of JCOPE’s creation]. That could affect things. The book contract didn’t go to the full commission. Now it goes to the full commission. It’s bizarre.”

The report continues to cite several other legal experts, who agree that JCOPE itself has been a historic disaster and that its ability to compel Cuomo to "disgorge" the proceeds from his book contract is far from certain. But here's the real final word on the topic in the report:

Months of litigation is likely.

18 November 2021: NY Assembly Judiciary Committee Members Reviewing Cuomo Impeachment Report

Assembly Judiciary Committee getting a look at Cuomo report

If you ever wondered why New York state legislators are so slow in doing anything, this report provides an example of the barriers they put in front of themselves in accomplishing even basic tasks, like reviewing documents:

Twenty members of the New York State Assembly Judiciary Committee today are beginning to review the finalized report probing former Gov. Andrew Cuomo’s conduct in office. Those members will review the report one at a time inside the legislative office of Judiciary Chair Charles D. Lavine in Albany.

The law firm Davis Polk & Wardwell LLP was hired by the Committee to conduct the investigation, which looked into allegations of sexual harassment against the former governor, as well as his handling of nursing home data during the COVID-19 pandemic, and his authorship of the memoir "American Crisis: Leadership Lessons Learned from the COVID-19 Pandemic."

And there's a Twitter post with a photo showing the security in place to prevent more than one legislator from reviewing what is almost certainly a lengthy report at a time.

BREAKING NEWS - a lone assembly staff member is on duty on the 8th floor of the Legislative Office Building in Albany, down the corridor from Assembly Judiciary Committee Charles Lavine’s office where committee members can review the Cuomo Report one at a time beginning today. pic.twitter.com/LpIyhVHaHp

— Dan Levy (@dlevywnyt) November 18, 2021

18 November 2021: Editorial - Law Needed to Prevent Cuomo Book Deal Scandal From Ever Happening Again

Our view: JCOPE saga beside the point in Cuomo book deal

This editorial, presented in full below because it's very short, is from the Auburn Citizen:

New York's supposed government watchdog, the Joint Commission on Public Ethics, this week formally rescinded the approval its own staff had given former Gov. Andrew Cuomo to write a book about how he dealt with the coronavirus pandemic.

While this book deal and JCOPE's approval and subsequent rescinding of that approval are largely focused on the legality of the governor's staff "helping" him with the book, we see a much bigger concern in the fact that New York's laws essentially give elected officials leeway to launch personal projects that could enable them to profit off their elected work while still in office — and that screams conflict of interest. A simple start could be an outright ban on paid outside work that has any connection to the elected office the person holds.

In this case, Cuomo made more than $5 million on a book that he tried to spin as unrelated to his work as governor, even though that's exactly what the book is about.

Cuomo had years to revamp JCOPE — or replace it altogether with a truly independent agency — but he chose not to. And while JCOPE remains an ineffective tool to fight corruption, problems like this one shouldn't be allowed to appear in the first place.

Gov. Kathy Hochul began her work in office with a pledge to overhaul ethics policies in New York. We urge her and the state Legislature to do just that by getting to work on stronger ethics laws regarding outside income.

It is truly outrageous that Cuomo or any statewide elected official can legally make millions of dollars while still in office on projects related to their work. The state Legislature needs to look at a strong law that prevents this atrocity from ever happening again.

Although it doesn't mention it specifically, the argument advanced by the editors also undermines the criticism that Cuomo's tone-deaf PR staff have levied against JCOPE since the troubled body's action to rescind its approval of his pandemic "leadership" book deal.

17 November 2021: Opinion - ‘J-Joke’ is on Andrew Cuomo

‘J-Joke’ is on Andrew Cuomo: Goodwin

This report fires back at the clumsy, tone-deaf statement issued by Cuomo's chief PR flack, Richard Azzopardi following the vote of the Joint Commission on Public Ethics commissioners to rescind the approval a low level staff member in their organization granted to Andrew M. Cuomo for his pandemic "leadership" book. For reference, here is the statement Azzopardi issued on 16 November 2021, as reported by Morgan Mckay in a Twitter post:

Former Governor Andrew Cuomo’s spokesman @RichAzzopardi releases a statement on the decision by JCOPE to revoke its approval of Cuomo’s $5.1 million book deal pic.twitter.com/r6W7oaoqX3

— Morgan Mckay (@morganfmckay) November 16, 2021

Now, here is an excerpt from Michael Goodwin's column taking on the "J-Joke":

Count this as another one of those shifting social norms that Andrew Cuomo didn’t know about until yesterday. A decade after everyone else in Albany, he is finally slamming the Joint Commission on Public Ethics as “J-Joke.”

Only this time, the joke is on him.

Cuomo is outraged that the commission he designed to be his lapdog dares to revisit its quiet approval of his $5.1 million book deal on COVID leadership. Through his mouthpiece, he assails the “hypocrisy” and spies proof that the panel’s members are “carrying water” for Gov. Kathy Hochul and the other pols who appointed them.

In a florid flourish, the disgraced former governor labels the vote against him “Albany political corruption at its worst.”

Now, now, that’s going too far. After all, Cuomo’s lethal nursing home policy and his cover-up of thousands of deaths make him the undisputed champion of “Albany political corruption at its worst.”

Game. Set. Match. Goodwin.

The column also provides some background history into JCOPE's origin as what Goodwin describes as a "protection racket" that operated in the interests of the now former Governor and his chief allies in New York's state government.

17 November 2021: Editorial - Independent Review of Cuomo's COVID Response Needed

EDITORIAL: Independent review of state’s covid response is needed

The transcripts of Dr. Elizabeth Dufort's testimony in the state attorney general's sexual harassment probe of Andrew M. Cuomo's misconduct in office that are not related to his alleged creepy behavior is raising questions about the governor's true performance in New York's response to 2020's coronavirus pandemic. The Daily Gazette's editors are the first to call for an independent review of that performance.

Maybe if Gov. Andrew Cuomo’s staff had helped him write the real story of his management of the covid crisis instead of the vanity book that got published, New Yorkers would have been spared some of the deadly ravages of the pandemic.

Last week, state Attorney General Letitia James released thousands of pages of transcripts from interviews with the former governor and those who came forward to accuse him of sexual harassment. It was those claims that led to Cuomo’s resignation in August....

But the testimony of one state official, Dr. Elizabeth Dufort, the former director of epidemiology for the state Health Department, reveals that the governor wasn’t the super-manager of the crisis he presented himself to be.

The editors summarize the revelations from her testimony under oath, before calling for a full independent review of Cuomo's pandemic performance:

Among the most damning revelations was that the administration hindered the state’s response to the crisis at times by blocking Cuomo’s Health Department from working together with local health officials.

Among those shut out were officials from the New York City Department of Health and Hygiene, Dufort testified. New York City at one point, and for a long time, was the epicenter of the national outbreak.

Dufort also testified that the state delayed the release of information such as lab results to local health departments or doctors, potentially making it more difficult for them to respond in the most effective manner.

She also noted concerns over delays in reporting accurate nursing home data, the flawed strategy of isolating areas of large covid outbreaks, the delays in issuing covid guidelines for schools, the challenge and frustration of health professionals in dealing with non-medical staff in the administration, the special treatment for favored individuals in early testing, and the burnout among health professionals because of the enforced heavy workload.

For the health and well-being of all New Yorkers, Gov. Kathy Hochul must authorize a full, independent review of the administration’s response that includes a plan for dealing with a similar crisis in the future.

When the full story of the state’s covid response is told, librarians may have to move Cuomo’s book to the Fiction section.

Andrew M. Cuomo has far more to answer for than the multiple allegations of sexual harassment that led him to choose to resign as a disgrace rather than face impeachment.

16 November 2021: JCOPE Rejects Cuomo's Book Deal on Third Attempt

Cuomo's book approval rescinded by ethics panel, jeopardizing millions

The commissioners of New York's Joint Committee on Public Ethics (JCOPE) have finally succeed in revoking the approval its lower level staff members granted to Andrew M. Cuomo for his $5.12 million pandemic "leadership" book deal. Here's an excerpt of the leading news coverage:

New York’s ethics commission voted to rescind approval of former Gov. Andrew M. Cuomo’s book deal, paving the way for commissioners to potentially claw back millions in proceeds paid to the ex-governor.

By a vote of 12-1, commissioners of the state Joint Commission on Public Ethics voted to rescind the approval granted by JCOPE staff last year for Cuomo to write “American Crisis: Leadership Lessons from the COVID-19 Pandemic.” The motion to rescind was put forward by Commissioner David McNamara, a Senate Republican appointee to the panel.

In July 2020, JCOPE deputy counsel Martin Levine approved Cuomo’s request to write the book about his early handling of the pandemic, a project that ended up netting Cuomo a $5.1 million publishing deal. But it's since emerged that Cuomo used government staff to help edit and produce the book, something that his government attorney at the time, Judith Mogul, had explicitly stated would not occur as she sought the staff’s approval that summer....

With approval of JCOPE’s permission to write the book now rescinded, Cuomo will have the opportunity to apply for a new approval. If that request is not sought, or if a new approval is not granted, commissioners could then begin the process of seeking to force Cuomo to repay millions in profits to his book publisher, Crown New York.

If this story is any indication, this may soon shape up to be a very bad week for Andrew M. Cuomo.