25 June 2022: All Quiet on the Cuomo COVID Nursing Home Deaths Scandals Front

We haven't had any Cuomo scandal-related news to update since 19 June 2022, with Andrew M. Cuomo, his attorneys and his PR staff keeping a low profile. Unfortunately, that also means there has been little activity in the courts. We'll resume updates when that changes, but for now, we're enjoying the relative quiet!

19 June 2022: Opinion - Quitter Cuomo Won't Run, Time for New Yorkers to Let Go

Churchill: Letting go of Andrew Cuomo

Albany Times-Union columnist Chris Churchill reflects while delivering the resigned-in-disgrace Andrew M. Cuomo's political post-mortem:

Cuomo was a larger-than-life presence in this state, this town especially, for more than a decade. He was a tragic figure, ultimately, a man undone by serious faults and failings. He was also, I have to admit, fascinating — a never-ending source of outrage, amusement, gossip, intrigue, fear and awe.

And, then, just like that, he was gone.

Deservedly so, I'll add, given the cascading scandals that led to his resignation. But his absence has required some getting used to. Cuomo was a dark cloud over state government and many of us grew accustomed to the gloom. Sure, the sunshine is nice, but we're like Londoners in July, suspicious of the cheer and conditioned for something else.

That's probably why so many in Albany expected Cuomo to run for governor this year, even though the premise was absurd. Politicians do not resign from office one year and successfully run for the very same office the next year. The world moves on, and quitters get left behind.

Andrew M. Cuomo is a quitter. One who still hasn't been held accountable for the predictable disaster for New York nursing home residents that flowed out from his deadly 25 March 2020 directive. The final pages on his true legacy have yet to be written.

14 June 2022: Ethics Commissioner Accuses Cuomo's Attorney of Defamation

Ethics commissioner accuses Cuomo's attorney of defamation

Andrew M. Cuomo's legal problems have kicked up a notch. This report describes a new legal complaint filed by JCOPE commissioner Gary Lavine. The following excerpt gives the basic details:

A commissioner for the state's embattled ethics panel, which is scheduled to be shut down and replaced in a few weeks, is suing former Gov. Andrew M. Cuomo's attorney, accusing her of defamation for publicly alleging he leaked confidential information to the press.

The complaint was filed recently in state Supreme Court in Onondaga County by Gary J. Lavine, a commissioner with the Joint Commission on Public Ethics. He alleges Rita M. Glavin, Cuomo's attorney, defamed him in an April 1 letter she sent to the state inspector general's office accusing him of leaking confidential information about Cuomo's dealings with the ethics panel.

"I want my name cleared," Lavine said Tuesday when contacted about his lawsuit. The petition claims Glavin publicly filed the leak accusation to gain an "improper advantage" in Cuomo's litigation against the ethics commission as well as to intimidate Lavine from performing his duties as a member of the panel.

The next excerpt gives more background into the specifics of the actions taken by Cuomo's legal defense team that prompted Lavine's legal response:

In the six-page complaint that Glavin filed with the inspector general's office in April, she asserted that "confidentiality breaches have prejudiced Gov. Cuomo’s privacy rights and compromised the independence of the JCOPE commissioners and staff by exerting public pressure on them." She added that on "numerous occasions" between August and March, news outlets published stories about the commission's "plans, decisions, thought processes, and information" relating to its deliberations and resolutions calling for Cuomo to return his book proceeds.

Cuomo disputes he misused government resources to produce the book.

In comments two months ago, Lavine denied disclosing confidential information from the ethics panel's deliberations or investigations.

"Cuomo acknowledged publicly that his staff had worked on writing, editing and advancing the publication of the book. There was nothing confidential about it at all," Lavine said. "The original opinion that he got from (a commission staff member) would have been confidential but he divulged it publicly. Once it's in the public domain it's not confidential anymore."

The legal strategy adopted by Andrew M. Cuomo's attorneys appears to rely on claiming Cuomo is the victim of a widespread and bipartisan political conspiracy.

13 June 2022: Court Rules State Trooper Suing Andrew Cuomo for Harassment Can Be Pseudonymous

State Trooper Suing Andrew Cuomo for Harassment Can Be Pseudonymous, Because the Case Is "High-Profile"

This analysis by attorney Eugene Volokh was published on 11 June 2022. It refers to legal developments in the civil case brought by a female New York state trooper who Andrew M. Cuomo is alleged to have sexually harassed while New York's state governor. The following excerpt picks up after presenting some legal background before getting to the part addresses a decision related to the state trooper's case, which has been flying under the radar and hasn't seen much coverage in the media:

This brings us to Trooper 1 v. N.Y. State Police, decided Thursday by Magistrate Judge Taryn Merkl (E.D.N.Y.):

On February 17, 2022, Trooper 1 …, a member of former New York Governor Andrew Cuomo's Protective Service Unit, initiated this action alleging that former Governor Cuomo sexually harassed her and other state employees. The complaint names as Defendants the New York State Police … former Governor Andrew Cuomo …, Melissa DeRosa …, and Richard Azzopardi …. Plaintiff is claiming, among other things, discrimination and retaliation in violation of the federal Equal Protection Clause, the New York State Human Rights Law, and the New York City Human Rights Law….

The alleged sexual harassment was:

He then sexually harassed her. He commented on her appearance ("why don't you wear a dress?"); wanted to kiss her ("[c]an I kiss you?"); asked her to find him a girlfriend who could "handle pain;" and steered their conversations towards sex ("[w]hy would you want to get married? … your sex drive goes down"). As with his other victims, the Governor used his physical proximity to Trooper 1 to touch her inappropriately ("he runs his finger down the center of my back of my spine, basically from the top of my neck, basically midway down with his pointer finger and just said, 'Hey, you'").

The court noted that the case was about "sexual harassment, which courts have found to be 'highly sensitive and of an extremely personal nature'" (citing one case, which had also involved allegations of sexual assault), and concluded that this "favors granting Plaintiff's motion." But most of the analysis focused on how much attention the case was likely to draw:

Generally speaking, "'the potential for embarrassment or public humiliation does not, without more, justify a request for anonymity.'" Courts often require "more direct evidence linking disclosure of [a plaintiff's] name to a specific physical or mental injury." … [But] in light of the allegations contained in the complaint and the high-profile nature of the case, "[h]aving the plaintiff's name in the public domain, especially in the Internet age, could subject the plaintiff to future unnecessary interrogation, criticism, or psychological trauma, as a result of bringing this case." As a result, the Court finds that a "chilling effect" could result from Plaintiff's being required to reveal her identity, which weighs in favor of permitting Plaintiff to continue anonymously….

As for whether "the public's interest in the litigation is furthered" by requiring Plaintiff to disclose her identity, the Court finds that this factor also tilts toward Plaintiff….

[W]hen a plaintiff challenges governmental or pseudogovernmental action, the judicial process serves as a significant check on abuse of public power. Thus, as the courts have noted, it is in the public interest that the price of access to the courts not be too high. Where litigants risk public scorn or even retaliation if their identities are made public, unpopular but valid complaints may not be pursued. The value of open proceedings disappears when there are no proceedings to be had.

Here, the Court finds that there is a substantial public interest in the litigation, and that this is a case where the price of access to the courts should "not be too high." …

[T]he Court [also] does not find any alternative mechanisms for protecting Plaintiff's confidentiality in this case given the high level of interest the public and media would certainly have in Plaintiff given the nature of the allegations set forth in the Amended Complaint….

Plaintiff's motion to proceed using a pseudonym … [is therefore] granted without prejudice to Defendants to revisit this issue before trial.

The upshot is that the public will not learn the name of the state trooper suing Andrew M. Cuomo for his alleged sexual harassment anytime soon.

Volokh's interest in the case focuses upon the legal issues associated with allowing participants in court cases to use pseudonyms. Since we've omitted a good portion of his commentary on that topic, please do click through the article link to see his analysis.

8 June 2022: Cuomo Attorney Tries to Start Probe of Albany County Sheriff's Office

Cuomo’s attorney asks for probe into Albany County Sheriff’s Office

Andrew M. Cuomo's multiple scandals continue to be paced by the glacial movement of legal proceedings. This report reveals Cuomo's personal defense attorney is trying to launch an investigation into the Albany County Sheriff's Office, so far the only body to file criminal misdemeanor charges against Andrew M. Cuomo related to his alleged sexual harassment of a state government employee.

Rita Glavin, the attorney of former Governor Andrew Cuomo, has submitted a formal request asking for an investigation into the Albany County Sheriff’s Office. This comes after Glavin said Albany County Sheriff Craig Apple or someone in his office unlawfully disclosed information to the New York Post after a charge was brought against Cuomo.

The request was emailed to New York State Police Superintendent Kevin P. Bruen and Manhattan District Attorney Alvin L. Bragg, asking for an investigation by the New York State Police and Manhattan District Attorney’s Office.

In October 2021, the Albany County Sheriff’s Office filed a misdemeanor forcible touching complaint against Cuomo. The charge was dropped after the Albany County District Attorney said it wouldn’t prosecute the complaint.

Here's related content from the timeline:

• 8 August 2021: Cuomo to Face Criminal Investigation by Albany County Sheriff
• 2 September 2021: Albany County DA Ramps Up Investigation of Alleged Cuomo Sexual Harassment
• 28 October 2021: Cuomo Charged with "Forcible Touching" in Criminal Misdemeanor
• 30 October 2021: Cuomo Albany County Sex Crime Probe Handled Like Ordinary Case
• 5 November 2021: Albany County Prosecutor Throws Wrench Into Cuomo Criminal Misdemeanor Case
• 6 November 2021: What's Behind the Conflict Between Albany County's Sheriff and Prosecutor?
• 4 January 2022: Albany County DA Expected to Drop Forcible Touching Case Against Cuomo
• 4 January 2022: Albany DA Drops Forcible Touching Case Against Cuomo, Calls Victim "Credible"
• 5 January 2022: Cuomo Accuser - Albany County DA Soares Dropping Case Shows Why Victims Stay Silent
• 6 January 2022: Tough Case or ‘Cowardice’? Drop of Cuomo Case Splits Experts on Albany County DA David Soares
• 7 January 2022: Cuomo "Forcible Touching" Criminal Case Officially Dropped
• 9 January 2022: Why Did County Prosecutors Drop Cuomo Sexual Harassment Cases?

2 June 2022: GOP to Probe Cuomo COVID Nursing Home Deaths Scandals If Party Wins U.S. Congress

Migrant flights, Cuomo coverup top Stefanik’s GOP probe priority list

This report was published on 30 May 2022 (Memorial Day). It indicates that should the Republican party gain a majority in the U.S. Congress in the next elections, it will investigate the role that Andrew M. Cuomo's deadly 25 March 2020 directive and his administration's subsequent cover-up of the full extent of excess COVID deaths that resulted from it. Here's an excerpt that addresses the potential probe of Cuomo's COVID nursing home deaths scandals:

Upstate Rep. Elise Stefanik, the powerful GOP House Conference Chair, has vowed to subpoena the Department of Homeland Security for information about secret flights of migrants into New York state if Republicans regain control of Congress following this fall’s midterm elections....

In addition to the migrant flights, Stefanik also wants to subpoena Gov. Kathy Hochul’s administration for records tied to disgraced ex-Gov. Andrew Cuomo’s coverup of nursing home deaths from COVID-19 as a result of his pandemic policies.

“I want to go back to the very beginning,” she said, starting from when the infamous “March 25th order” was implemented requiring nursing homes to admit “medically stable” COVID-19 patients discharged from hospitals.

Independent experts estimate at least 1,000 more deaths occurred in long-term care facilities thanks to the order. More than 15,000 residents died from the deadly virus — either inside long-term care facilities or after being transferred to hospitals because they were so ill, New York State Department of Health data shows.

The next part is interesting, because it's the first to suggest that replacement NY governor Kathy Hochul may have more knowledge about Cuomo's COVID nursing home deaths scandals than she's indicated:

“I want to know how much Kathy Hochul knew — because she definitely knew. She was a sitting lieutenant governor, she had access to that data on a daily basis,” Stefanik charged.

Hochul recently announced her administration is hiring independent experts to conduct a review of New York’s COVID-19 response, including a probe into how the state’s policies impacted those in nursing homes.

Given the toxic environment that Cuomo fostered within the Executive Mansion, we think it's quite possible Hochul was kept in the dark in many areas where Cuomo abused his power. However, we also think Hochul's failure to seek any probe into Cuomo's COVID nursing home deaths scandals for nine full months after she assumed power on 24 August 2021 legitimately opens the door to this inquiry. That's because her strange inaction reeks of a political cover-up, where instead of seeking justice for Cuomo's victims and their families, she sought to protect her political party's interests in holding power by deliberately choosing to look the other way. She may unfortunately find that makes her politically complicit after the fact in Cuomo's scandals.

1 June 2022: Cuomo Chickens Out of Running for Office

Ballot deadline passes with no paperwork from ex-Gov. Cuomo

If Andrew M. Cuomo was ever serious about running for office after his resignation, he's missed his best chance to get on a statewide ballot in New York. This report indicates Cuomo has passed on pursuing a new elected position in the state.

Former New York Gov. Andrew Cuomo appears to have opted against mounting an independent run for his old job — at least for now.

Cuomo, who resigned in August amid allegations he sexually harassed multiple women, had said he was open to running for governor this year, despite the scandal.

But 5 p.m. Tuesday was the deadline for candidates to collect 45,000 voter signatures if they wanted to appear as an independent candidate for governor on the November general election ballot.

That deadline passed without Cuomo's campaign turning in the required nominating petitions, according to the state Board of Elections.

Cuomo could still get on the ballot if his campaign had collected those signatures and put his petitions in the mail. If that paperwork was to arrive by Thursday, bearing a postmark dated Tuesday or earlier, it would still count, Board of Elections spokesperson Jennifer Wilson said.

After quitting in disgrace as New York's state governor on 24 August 2022, Andrew M. Cuomo has engaged in campaign-like activities that created speculation he might run again for governor or perhaps for another political office in the state. Instead, we find Cuomo chickened out by allowing a critical deadline for collecting signatures to get on the state's next election ballots to expire. Since it would have taken just 45,000 signatures to get on a statewide ballot, we think Cuomo's failure to meet that low threshold for a well-established politician shows how little support he really has in the state.

We'll soon see if any late-mailed signed petitions supporting a Cuomo candidacy arrive on or by Thursday, 2 June 2022, but nearly all serious candidates for elective office don't play games with deadlines they need to meet to get on the ballot. They submit their petitions directly to the Board of Elections with thousands of signatures to spare either on or ahead of the deadlines. By not doing that, Cuomo has just demonstrated he's not a serious candidate for any office in New York.

We continue to view Cuomo's campaign-like activities as a dishonest dodge. Acting like a candidate provides a means for him to tap the millions in his campaign organization's bank accounts to pay for his legal defense and to fund his PR efforts as he attempts to sway the potential jury pools who will decide the court cases he has in his future. For Cuomo, that's free money that doesn't cost him anything out of his own pocket.

Update 20 July 2022

This 18 July 2022 report, which the timeline covered on 20 July 2022, provides an explanation for why Andrew M. Cuomo chickened out from running for elective office in New York. Cuomo spent $93,211 on a poll asking voters whether he could win an election in the state. His decision to not run indicates they told him he was a loser.