1 November 2021: Did JCOPE Request a Criminal Probe of Cuomo's Inspector General's Office?

In closed-door session, JCOPE sought second criminal probe

This report is based on e-mails sent from the Joint Commission on Public Ethics (JCOPE) to the New York State Attorney General with the subject line "Referral". It's somewhat speculative, but the available information indicates it involves a criminal referral involving potential misconduct by the Cuomo administration's Inspector General office.

Following a meeting in September, New York’s ethics commission sent two letters seeking criminal investigations to Attorney General Letitia James’ office, according to emails obtained by the Times Union.

The second request, which was not previously disclosed, strongly suggests that during its closed-door executive session the Joint Commission on Public Ethics had voted to seek a criminal investigation of the state inspector general’s office's handling of a sensitive matter related to former Gov. Andrew M. Cuomo....

Emails obtained by the Times Union through a Freedom of Information Law request indicate that on Sept. 29 – 15 days after the meeting – JCOPE general counsel Monica Stamm sent an email to Larry Schimmel, general counsel at the state attorney general’s office, with the subject line: “Referral.”

That same day, Schimmel responded: “Acknowledging receipt of both letters.”

The attorney general’s office provided redacted copies of the emails, but denied the Times Union’s request for copies of the referral letters, citing exemptions in state law.

The referrals from JCOPE were legally necessary for James’ office to pursue the investigations.

The report also provides some basic background into the case, which strongly points to the role of Andrew M. Cuomo's influence network within New York's state government acting to protect their patron:

The inspector general’s investigation has been criticized because the office declined to interview key witnesses, including Cuomo and Heastie, before stating the leak allegations could not be substantiated in a letter report issued in October 2019. In seeking a criminal investigation, some JCOPE commissioners have argued that the inspector general’s office may have intentionally failed to identify the leaker, engaging in a “cover-up” that constituted official misconduct.

The inspector general’s office, long criticized for lacking independence from Cuomo, has argued it conducted a thorough investigation of the allegations. The inquiry was led by the office’s then-second-in-command, Spencer Freedman, who formerly had served as a staffer under Cuomo.

The report notes that the state attorney general's office has yet to indicate whether it will pursue a criminal investigation of the state inspector general's office.