Friday, January 26, 2024

26 January 2024: U.S. DOJ Confirms Cuomo Operated "Sexually Hostile" Workplace as NY Governor

Cuomo Created ‘Sexually Hostile’ Workplace, Says Justice Department

The resigned-in-disgrace former Governor of New York, Andrew M. Cuomo, was dealt a serious blow in his fight against being held accountable for allegations he sexually harassed multiple women while serving as governor. The U.S. Derpartment of Justice announced it confirmed many of the claims originally documented in NY state attorney general's investigation.

Those claims had provided state legislators and officials, particularly members of Cuomo's Democratic Party, with the leverage they needed to compel Cuomo to choose to resign rather than face impeachment while insulating themselves from the political fallout from the outcome of Cuomo's COVID nursing home deaths scandals that stemmed from Cuomo's infamous deadly 25 March 2020 directive.

Under the control of the Biden administration, the U.S. Department of Justice has likewise sought to minimize the political fallout to Democratic party memebers from Cuomo's nursing home scandals. The DOJ previously declined to pursue federal charges of criminally negligent homicide and manslaughter against Cuomo and has largely adopted the state politicians' strategy of using the sexual harassment allegations to minimize their association with "the governor who kills grandmas", to coin a phrase.

The DOJ announcement is a big enough deal that even the New York Times was compelled to cover the story, which has all the characteristics of a Friday afternoon news dump. Here's an excerpt of that coverage:

The findings appear to largely substantiate the investigation of the New York attorney general, Letitia James, who concluded that Mr. Cuomo had sexually harassed 11 women, amid a culture of fear and intimidation. Mr. Cuomo, who denied having sexually harassed anyone, resigned in August 2021, shortly after the release of Ms. James’s report.

Since his departure, Mr. Cuomo has engaged in a multipronged campaign to discredit the report and Ms. James as being politically motivated, and has been slowly maneuvering toward re-entering political life.

But Mr. Cuomo’s efforts may be sharply compromised by the Justice Department findings, which determined that he repeatedly subjected women who worked for him to unwelcome sexual contact, comments and looks, and gave preferential treatment to some women based on their physical appearance.

From a legal standpoint, the DOJ's findings make it more difficult for Cuomo's legal team, which is being paid for by New York state taxpayers, to defend Cuomo against the civil lawsuits filed against him by his alleged victims. We'll see how Cuomo's legal and political team's respond.

Additional Coverage

The New York Post reports "Andrew Cuomo sexually harassed at least 13 female employees, retaliated against ex-staff: Feds, in which they capture the response of Cuomo's legal and political teams:

Attorneys for Cuomo continue to deny the allegations and further claim that the federal investigation was politically motivated.

“This is nothing more than a political settlement with no investigation,” Rita Glavin, an attorney for the former governor, wrote in a statement.

Cuomo spokesman Rich Azzopardi said Cuomo hadn’t been interviewed as part of the federal investigation. He also bashed Breon Peace the U.S. Attorney for Eastern District of New York who signed off on the settlement, claiming he’s biased because he used to work at the same firm as one of the prosecutors in the attorney general’s investigation.

“This isn’t worth the paper it’s printed on,” Azzopardi said.

And yet, it has been written. Including in the Albany Times Union's article "Justice Department says Cuomo fostered 'sexually hostile' workplace", which emphasizes the DOJ's findings came in connection with a settlement with the state of New York:

The U.S. Justice Department on Friday announced it had reached an agreement with the New York governor’s office “to resolve the department’s claims that the Executive Chamber under former Gov. Andrew M. Cuomo engaged in a pattern or practice of sexual harassment and retaliation” in violation of civil rights laws.

The agreement memorializes reforms that were enacted by Gov. Kathy Hochul and also institutes additional measures that federal authorities said are intended to prevent sexual harassment or retaliation in the Executive Chamber. The investigation, by the U.S. attorney’s office in Brooklyn, had not been made public until the office announced the agreement on Friday.

The probe relied largely on the findings of a report issued by the state attorney general’s office in August 2021 that concluded Cuomo had sexually harassed or acted inappropriately with 11 women. The report also found that Cuomo and some of his top aides had cultivated a toxic workplace.

But the settlement with the U.S. attorney’s specifies that it found that Cuomo “subjected at least 13 female employees of New York state, including Executive Chamber employees, to a sexually hostile work environment.” The agreement does not identify the 13 employees or provide details on the at least two additional women it states had been subjected to a hostile work environment.

The three articles together provide a good overall picture of the DOJ's 26 January 2024 announcement.

Saturday, January 20, 2024

19 January 2024: Cuomo Sues NY Attorney General, Demands Records from Sexual Harassment Probe

Cuomo files new lawsuit against attorney general, demanding records

The legal proceedings surrounding the multiple sexual harassment allegations involving former NY state governor Andrew M. Cuomo have been moving at a glacial pace. But something has actually happened, with Cuomo's attorneys filing suit against NY state attorney general Letitia James demanding her office turn over records from its probe into the allegations that compelled him to resign in disgrace. Here are the leading paragraphs summarizing the legal development:

Former Gov. Andrew M. Cuomo is continuing his battle with the state attorney general’s office for all the files from the sexual harassment investigation that led to his resignation in August 2021.

Attorneys for Cuomo filed a petition in state Supreme Court in New York City this week seeking to compel the attorney general’s office to turn over the materials in response to a Freedom of Information Law request. Cuomo’s attorneys argue the attorney general’s office has unlawfully delayed providing a response to that request.

The case was filed as Cuomo’s attorneys also have tried to subpoena the investigative records in connection with two federal lawsuits that have been filed against the former governor — one by a female State Police investigator and another by a former female aide. Both accused him of sexual harassment.

The state attorney general's office has declined to provide the records requested by Cuomo's attorneys since it is not a party in the federal lawsuits filed by Cuomo's alleged victims. The article indicates the NY attorney general's office has about 73,000 documents related to its probe of sexual harassment allegations against Cuomo.

This entry was added to the timeline on 21 January 2024.

19 January 2024: Depositions of Cuomo's Alleged Sexual Harassment Victims to Proceed

Andrew Cuomo accusers will give depositions over ongoing lawsuits against ex-NY gov

The slowly moving wheels of justice turned just a little after a federal judge ruled that Andrew M. Cuomo's attorneys will be allowed to deposition his alleged victims of sexual harassment under oath. Here's an excerpt describing the latest progress in the multiple lawsuits Cuomo faces:

In a sweeping ruling, judges ruled that Cuomo is able to demand some documents and depositions from his accusers and other former state officials involved in the former governor’s scandals.

The judge’s order came after months of back-and-forth between Cuomo and several women who have accused him of sexual harassment, finally granting some clarity in a dizzying web of lawsuits.

Cuomo, who denies the allegations against him, had issued dozens of subpoenas requesting mountains of evidence from 36 people and government entities surrounding Attorney General Letitia James’ 2021 report alleging the governor sexually harassed 11 women.

Judge Taryn Merkyl slimmed down many of Cuomo’s evidence requests, which several of his accusers were fighting on grounds that they claim were extremely burdensome to produce and, in some cases, were being requested to embarrass them.

Separately, Cuomo received his first payment from the state of New York for paying for the cost of his legal defense earlier in the week.

This entry was added to the timeline on 21 January 2024.

Wednesday, January 17, 2024

16 January 2024: NY Taxpayers Pay $565,000 for Cuomo Legal Defense for Sexual Harassment Charges

Cuomo’s campaign gets $565,000 from taxpayers. And more is on the way.

Andrew M. Cuomo may have chosen to resign in disgrace rather than face impeachment proceedings, but that doesn't mean he has to pay for the legal bills related to allegations of his sexual harassment of state government employees.

New York state taxpayers will pick up the bill. In fact, this report indicates they just paid the first $565,000 for what appears to be a very generous perk for New York state officials. Here's an excerpt from the report:

Former Gov. Andrew Cuomo’s campaign account balance has grown for the first time since he left office over two years ago, inching up from $7.7 million to $7.8 million over the past six months.

But the growth isn’t due to a surge in donations for Cuomo, who has been weighing a New York City mayoral run.

Rather, it’s due to a New York law that requires the state to reimburse legal fees for elected officials who have been accused of crimes that don’t result in convictions. The Albany County sheriff’s office brought a misdemeanor charge of forcible touching against Cuomo in 2021, which was tossed after prosecutors concluded the complaint was defective.

Cuomo received a $565,000 check from the state comptroller’s office last week, thanks to the law.

That likely won’t be the end of the money the ex-governor receives from the state.

According his campaign finance reports Tuesday, Cuomo paid $300,000 to law firm Holwell Shuster & Goldberg since July. That brings the total he has spent on legal fees to $6.9 million since the Assembly started impeachment proceedings in 2021.

The money, which has gone to a wide variety of investigations on allegations that include sexual misconduct and the misuse of state resources to write his pandemic memoir, won’t all be reimbursable. Still, Cuomo’s campaign is expected to get back several million dollars from the state as they work out the details with the comptroller’s office.

This entry was added to the timeline on 21 January 2024.

Thursday, January 04, 2024

3 January 2024: NY Governor Hochul Sitting on Independent Review of Cuomo-Era Nursing Home Policies

State yet to make independent nursing homes report public months year-long review

New York State Senator Jim Tedisco (R, Glenville) is demanding answers from the Governor's office on pandemic-era state policies on nursing homes. It's been nearly three years after a damning report from Attorney General Letitia James found the State greatly under-counted COVID-19 deaths in nursing homes under the Cuomo Administration.

Governor Kathy Hochul was Andrew Cuomo's lieutenant governor at the time of the pandemic--when a March 2020 order from Cuomo put COVID-positive patients back into nursing homes. It was a policy the state eventually backtracked on after CBS 6 reporting involving a whistleblower; but the damage had already been done....

In 2022-- the now-Governor Hochul announced she ordered an independent review of the state's policies early on in the pandemic.

The state hired an outside firm on a $4.3 million, one-year contract starting in November of 2022. That was nearly 14 months ago. Senator Tedisco is calling on the Governor to make that report public, immediately and without redactions.

It's long past time for vital questions about the resigned-in-disgrace former NY Governor Andrew M. Cuomo's deadly 25 March 2020 directive's impact on New York nursing homes to be answered.

This entry was added to the timeline on 6 January 2024.