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NY Assembly Committee Launches A Cuomo Impeachment Inquiry That Could Take Months
By
Gwynne Hogan
Published Mar 23, 2021
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By
Gwynne Hogan
Published Mar 23, 2021
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A third investigation into Governor Andrew Cuomo and his administration got underway Tuesday, as State Assembly members who sit on the Judiciary Committee signaled that their impeachment probe would be a sprawling inquiry with no firm deadline for completion.
Lawyers hired by Assembly leaders to conduct the probe faced 90 minutes of questioning by lawmakers on the judiciary committee who challenged the lawyers’ capacity to conduct an independent review and sought more details on the process. Few specifics emerged other than it will likely take “months rather than weeks,” according to the chairman of the Judiciary Committee, Assemblymember Charles Lavine.
“The question may come up about timeline. At this early stage it’s not possible to say precisely how long the investigation will take,” Lavine said, “given the breadth and seriousness of the issues under investigation.”
The Assembly’s investigation focuses on three main subject areas; sexual harassment allegations, how the state managed the spread of COVID-19 in nursing homes and structural issues on the Mario M. Cuomo Bridge. But that may be just a starting point.
Assemblymember Michael Montesano, the lone Republican on the Judiciary Committee, wanted assurances that the lawyers, who work for the law firm Davis Polk, would provide specifics on what actions Cuomo and his top aides took to cover up the deaths in nursing homes as well as the terms of the governor’s book deal. Assemblymember Phil Steck sought to ensure the investigation would look into reports of a toxic workplace, dress codes in Cuomo’s offices and retaliation against women who spoke out.
Assemblymember Mary Beth Walsh wanted to know if it could include earlier Cuomo scandals, like his disbanding of the anti-corruption Moreland Commission.
"[If] everything is on the table, I want to make sure it really is." Walsh said. Attorney Greg Andres said they could add more things to the inquiry, in consultation with committee members.
“The mandate that we’ve been given is including but not limited to specific allegations,” he said.
Longtime Albany observers have noted in recent days that a lengthy investigation may ultimately benefit Cuomo, as more New Yorkers get vaccinated and turn their attention to post-pandemic life. Since sexual harassment allegations emerged a month ago, Cuomo has limited media exposure, holding press briefings surrounded by allies but excluding members of the press. He’s stopped answering questions about the inquiries, and reduced the number of questions from reporters to just a handful a week, on a conference call rather than a televised briefing.
But as the Assembly expects a lengthy impeachment investigation, a probe by New York Attorney General Letitia James is proceeding apace. James's investigation is focused solely on allegations of sexual harassment made against the governor. On Tuesday, lawmakers wanted to know how Judiciary Committee members would handle testimony and evidence included in the AG report, in particular if Davis Polk attorneys would seek to re-interview many of the same people.
“We’re very hopeful that all the witnesses will consider cooperating with us,” attorney Martine Beamon said. “We understand that questions have been raised, but we’re very hopeful through this process...that ultimately witnesses will become comfortable and will wish to speak to us independently.”
If the AG report comes out first, Beamon added, they would discuss with the committee how to proceed.
READ MORE: A Timeline of Cuomo’s Colliding Scandals
Some of the women alleging sexual harassment and inappropriate workplace conduct by Cuomo have expressed reservations about participating with the Assembly’s probe.
Debra Katz, an attorney representing Charlotte Bennett, one of the women who said Cuomo sexually harassed her, has called the selection of Davis Polk an “unacceptable conflict of interest,” citing the firm’s ties to Dennis Glazer, a long-time Cuomo ally. After the hearing Tuesday, Katz said the Assembly’s attorneys shouldn’t expect victims of sexual harassment to endure multiple hours-long interviews re-telling their trauma.
"We believe that the conclusions from the AG’s findings should be taken as proven for purposes of the impeachment inquiry,” Katz said. “While Ms. Bennett is committed to cooperating with all appropriate governmental inquiries, including the impeachment investigation, questions remain about the independence of this inquiry.”
An attorney for Lindsey Boylan did not immediately respond to a request for comment.
Ana Liss, another former Cuomo aide who has alleged inappropriate, sexualized treatment and a toxic workplace environment in Cuomo’s offices, expressed similar hesitation. She said she already spent several hours providing testimony to the AG’s office last week.
“I feel it may be partisan," Liss said, referring to the Judiciary Committee investigation. "I’m concerned about the governor's influence." Liss said she has not yet been asked to sit for an interview by Davis Polk.
During the course of the investigation, Andres, the Davis Polk attorney, said they would review and subpoena documents, interview witnesses and set up a hotline to receive tips. They plan to deliver progress reports to the Judiciary Committee, as requested.
READ MORE: How Does Impeachment Work in New York State
During an hour and a half of questioning, lawmakers asked about potential conflicts of interest, namely concerning Glazer, a retired partner at the firm who was later appointed by Cuomo to the Board of SUNY and the state’s gaming commission. Glazer’s wife, Janet DiFiore is also a Cuomo appointee to the State Court of Appeals, who would ultimately be one of the jurors voting for or against impeachment in the State Senate if the inquiry makes it that far.
“Dennis Glazer retired from the partnership back in 2012. And since then has not had any involvement in the firm's business or activities and certainly not with respect to this matter has he, nor will he going forward,” said attorney Angela Burgess, in response to Assemblymember Thomas Abinanti’s question about whether Glazer was still involved with the firm or ever socialized with its employees.
Speaking after the hearing, Abinanti said he understood the attorneys’ response to mean that they had no contact with Glazer and if there was any socializing it would stop.
“But that’s one of the reasons you ask the question,” said Abinanti. “You get a public commitment from people. You make them commit that they are going to be fair and honest and unbiased. And then you expect that lawyers of their caliber will honor their commitment.”
While the Assembly’s investigation is wide-ranging, the catalyst was a series sexual harassment allegations made against Cuomo beginning on February 24th, with an account from Lindsey Boylan published on the website Medium. Since then, at least four more current and former staffers, as well as several more women who didn’t work in his office, have described an array of inappropriate behavior including forcible kissing, groping, unnecessary touching of arms and legs, sexualized comments about women’s bodies, pet names, kisses on the cheek or hand.
The Assembly announced its investigation on March 11th, following an hours-long deliberation in which many spoke of the need to slow down a possible rush to judgment and allow for due process, with some Black legislators likening Cuomo to Emmett Till, who was murdered by a white lynch mob, or the Central Park Five, who were wrongly imprisoned for years.
Due process came up again, multiple times, during Tuesday’s hearing.
“I also want to thank [Assembly] Speaker Carl Heastie for his steadfast dedication to American due process,” Lavine said. "Due process is not just a precept, it's...at the heart of what makes us New Yorkers tick.”
More left-leaning members of the Assembly joined Republicans in arguing that due process could have been honored through a different approach, and on a faster timetable.
“I’m worried about how long this process will take,” said Assemblymember Yuh-Line Niou, a vocal critic of Cuomo’s who does not sit on the Judiciary committee but attended the briefing. “I’m worried for the staff that are still working for the governor.”
Assemblymember Latrice Walker, who sits on the committee, said the stakes were too high to rush the process.
“We are dealing with life, liberty, reputations, legacies,” she said. “We took an oath to ensure [due process]...and not allow this to play out in political theater or the court of public opinion.”
Additional reporting from Brigid Bergin.
Tagged
Cuomo in Crisis
Gwynne Hogan
Gwynne Hogan is a former Gothamist reporter.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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