29 November 2022: Cuomo Files Motion to Force NY AG James to Release Files

Cuomo continues 'crusade' to get AG to release his case files

After months of inaction, the glacial pace of New York's legal system was upset by the latest legal maneuvering by Andrew M. Cuomo's team of highly compensated attorneys. Here's the very short summary: "A new motion filed by former Gov. Andrew M. Cuomo's attorney challenges attorney general's claim that sovereign immunity and law enforcement privileges shield them from disclosing the records from their investigation that concluded he was a serial sexual harasser."

Here's a longer excerpt:

An attorney for former Gov. Andrew M. Cuomo has asked a federal judge to deny the state attorney general's motion to quash a subpoena that would require the office to turn over all of its files on the investigation that led to Cuomo's resignation.

The 32-page motion was filed Wednesday in U.S. District Court in Brooklyn in connection with a lawsuit filed by a State Police investigator who accuses the former governor of sexually harassing her, kissing her on the cheek and inappropriately touching her stomach and back while she was assigned to his protective detail.

The motion filed by Cuomo's attorney, Rita Glavin, challenges the state attorney general's claims that sovereign immunity and law enforcement privileges shield them from disclosing the records, which court records indicate amount to about 73,000 documents, including communications with more than 100 witnesses.

Skipping ahead, here's the meat of what's in the motion and the attorney general office's response:

"Gov. Cuomo is entitled to discover the unreleased investigative materials. Without all documents underlying the (attorney general's) report, Gov. Cuomo will not have a full and fair opportunity to defend himself against Trooper 1’s allegations," Glavin wrote. "The (attorney general) should not be able to broadcast to the public that it is complying with the subpoena by producing what it claims are the only 'relevant' documents while strategically relying on sovereign immunity to withhold critical documents. This is particularly true since the missing documents will, in all likelihood, cast doubt on the investigation."

While invoking arguments of state sovereign immunity as well as law enforcement privilege, the attorney general's office has also voluntarily produced many documents in response to Cuomo's subpoena. Glavin noted that many of the undisclosed materials also were shared with law enforcement agencies and she disputes any assertion that they are "attorney-client" privileged documents.

The attorney general's office cast Cuomo's efforts to subpoena its records as "a relentless campaign to undermine the report and rehabilitate his reputation."

"It has nothing to do with any legitimate effort to obtain documents and information necessary for (Cuomo) to defend himself against the harassment and retaliation claims asserted by Trooper 1," the attorney general's office wrote in a motion asking a judge to reject the subpoena.

We'll keep on the watch for more slowly moving legal procedures....