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Justice Department Investigating Cuomo Administration Over Nursing Homes


By

Jen Chung

Published Feb 18, 2021


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Governor Cuomo smiles as he walks away from the Pathways Nursing and Rehabilitation Center in Niskayuna, which is a brick building. Some figures in windows can be seen watching the governor.

 

Governor Cuomo's office


By

Jen Chung

Published Feb 18, 2021


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Federal prosecutors have launched an investigation into the Cuomo administration's handling of nursing homes at the height of the COVID-19 pandemic, according to multiple reports. This comes amid heightened scrutiny over the governor's office decision to release more then 9,000 patients hospitalized with COVID-19 back to nursing homes last year, and the administration's long delays in sharing information about the full scope of deaths among nursing home residents.

According to the Times-Union, which first reported the probe, the Department of Justice and FBI's investigation "is apparently in its early stages and is focusing on the work of some of the senior members of the governor's task force." In January, NY Attorney General Letitia James issued a report detailing how nursing home deaths were drastically undercounted and other failings, including a lack of testing and compliance with COVID-19 protocols.

The inquiry is being conducted out of the U.S. Attorney's office in the Eastern District of New York, and the Times reports that it "does not appear to be related to the Trump Justice Department’s investigation, which was being conducted by its civil rights division." Melissa DeRosa, secretary to Governor Andrew Cuomo, is married to a former Cuomo spokesperson, Matt Wing, whose mother is Audrey Strauss, the U.S. Attorney for the Southern District of New York.

DeRosa admitted last week in a private teleconference with state lawmakers (details of which were later leaked) that the state didn't disclose information about nursing home deaths that occurred hospitals because the Justice Department had requested data on the matter in August. Noting how then-President Donald Trump had politicized the handling of the pandemic, she said, "[W]e froze, because then we were in a position where we weren't sure if what we were going to give to the Department of Justice or what we give to you guys, what we start saying was going to be used against us while we weren't sure if there was going to be an investigation."

Cuomo defended his team's actions, blaming the Trump Administration for creating the information gap, but also conceded, "In retrospect, we should have prioritized providing more information. We should not have created the void. We should’ve done a better job in providing information. We should’ve done a better job knocking down the disinformation."

However, the governor has also lashed out at lawmakers who have suggested he should be stripped of his sweeping emergency powers. During his Wednesday press conference, Cuomo spent considerable time disparaging Queens Assemblymember Ron Kim, claiming that Kim's support for nail salon owners, after he helped pass reforms intended to improve worker conditions, was influenced by illegal campaign donations from business owners. In a statement responding to Cuomo's allegations, Kim said the governor can “smear me all he wants in an effort to distract us from his fatally incompetent management.”

Kim, whose uncle died of COVID-19 in a Queens nursing home, told Gothamist/WNYC that Cuomo called him last week to berate him. "It was a ten minute, one-sided, screaming and yelling, where I felt threatened, that if I didn’t act in a certain way, to issue a statement, not tomorrow, tonight in his own words, that there would be retribution against me. Specifically, he said, he will go out and publicly ruin me," Kim recalled. "I’d never experienced his anger and wrath. And he bit his tongue, he said, for months about me."

In an interview with CNN, Kim said that Cuomo wanted him to lie about what DeRosa had said and tried to force him to retract his criticisms. Kim added that his wife was upset at him, wondering what he had done to jeopardize his career:

During an appearance on Morning Joe on Thursday, Mayor Bill de Blasio called Cuomo's phone call to Kim "classic Andrew Cuomo. A lot of people in New York state have received those phone calls. The bullying is nothing new. I believe Ron Kim and it's very, very sad. No public servant, no person who's telling the truth should be treated that way. But yeah, the threats, the belittling, the demand that someone change their statement right that moment -- many, many times I've heard that and I know a lot of other people in the state have heard that."

Rich Azzopardi, a spokesperson for Cuomo, denied Kim's account of the phone call with the governor, "At no time did anyone threaten to 'destroy' anyone with their 'wrath' nor engage in a 'coverup.' That's beyond the pale and is unfortunately part of a years-long pattern of lies by Mr. Kim against this administration."

Regarding the Department of Justice investigation, Azzopardi told the Times Union, "As we publicly said, DOJ (Department of Justice) has been looking into this for months. We have been cooperating with them and we will continue to."

A spokesperson for the Eastern District of New York said they had no comment on reports of an investigation.

Tagged

governor cuomo

ron kim

Melissa DeRosa

justice department

nursing home

eastern district

Cuomo in Crisis


Jen Chung

Jen Chung is a former WNYC and Gothamist editor.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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