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Video Of Cuomo’s Testimony Released As Former Governor Faces New Federal Probe

Gov. Cuomo's flickr page

Former governor Andrew Cuomo is under federal investigation for the sexual harassment allegations, according to attorney contracts filed with the State Comptroller's office. The news, first reported in the New York Post, comes after state Attorney General Tish James released the recorded video of former Governor Andrew Cuomo’s testimony that resulted in her explosive August report that found Cuomo harassed 11 women.

In 11 hours of testimony recorded last July in the former governor’s New York City offices, Cuomo’s demeanor ranged from grudging cooperation to openly sparring with questioner Joon Kim.

Kim, the former acting U.S. attorney for the Southern District of New York, was appointed by James to carry out the probe. He conducted the interview with employment attorney Anne Clark.

The former governor, who resigned in August after the attorney general’s report was released, at times quibbled with Kim over definitions of words.

In one instance, Kim asks Cuomo about a woman who was referred to in a complaint made by Cuomo accuser Lindsay Boylan.

Boylan testified that, among other acts of harassment, Cuomo instructed his top assistant, to send Boylan a picture of an old flame of his, and to tell Boylan that she could be that woman’s “better looking sister.”

“So my question was actually: Was she a girlfriend of yours?” Kim asked.

“She was a friend,” Cuomo answered. “How do you want to define "girlfriend"? “

“Did you date her?” Kim asked.

“How do you want to define ‘date’?” Cuomo countered.

“How do you define date?” Kim asked.

“But it doesn't matter how I define ‘date’. How do you define ‘date’?” Cuomo persisted.

“Because it's your question”.

Cuomo eventually said the woman was a friend who he did “see romantically for a period of time.”

The former governor says he did ask his secretary to tell Boylan to “google” the woman, but denies that he made comparisons between their looks.

The definition of dating was not the only exchange between Cuomo and Kim over the exact meaning of a common word.

Kim asked the former governor about allegations from several women that he inappropriately touched them on the buttocks, including former aide Brittany Commisso, who says Cuomo grabbed her rear end when she asked him to take a selfie with her during a work visit to Cuomo’s office at the governor’s mansion.

“You don’t remember ever touching anyone intentionally on the butt?” Kim asks Cuomo.

“Right,” Cuomo answers.

“Does that include any area near the butt?” Kim persists.

Cuomo and his attorney Rita Glavin then asked for a more specific definition.

“Could you define near the butt?” Glavin asks.

“Do you understand where a human’s butt is, and anywhere near there?” Kim asks.

“Well, near the butt now becomes an expansive area,” Cuomo answered.

Cuomo eventually conceded that he may have touched women on the lower back when posing for a picture.

Commisso has made the most serious charges of all of the women who say they were harassed by the former governor.

AG James also released Commisso’s videotaped testimony, where she described how Cuomo groped her under her shirt after she helped him fix a problem with his phone in his office, again, at the governor’s mansion.

“I remember his hand just sliding right up my blouse. And I remember looking down and I remember seeing his hand which is, I would say a large hand and over my bra and I remember looking down and being like…this just like went from zero to 60 in .2 seconds,” Commisso said. “It was so fast.”

She says she asked Cuomo to stop, saying, “We’re going to get in trouble,” but she says he instead slammed the door shut.

"I remember him shutting the door and coming back and saying, ‘I don't care’,” Commisso said. “And it wasn't like ha ha, it was like ‘I don't care’. It was like in this -- at that moment, he was sexually driven.”

Commisso says she didn’t cry out or try to fight Cuomo off because she feared she would be the one viewed in the wrong, escorted out by the state police, and fired.

Cuomo denies that the incident ever happened.

“At one point there has to be a little reality. To touch a woman's breast who I hardly know, in the mansion, with ten staff around, with my family in the mansion, to say ‘I don't care who sees us’… I would have to lose my mind to do some- such a thing,” Cuomo said. “It would be an act of insanity to touch a woman's breast and make myself vulnerable to a woman for such an accusation.”

Commisso went to the police with her allegations, and the Albany County Sheriff issued a criminal complaint. Cuomo faces a court appearance on January 7th.

The former governor also addressed the accusations that he presided over a toxic workplace, where more junior staffers were bullied, and he inappropriately had senior female staff members sit on his lap during business meetings. The governor did not deny that might have occurred during a social event with staff, but he could not recall any specific instances.

“If somebody were to sit on my lap, I wouldn’t push them off,” he said.

The former governor did not respond to the release of the videotaped testimony. His spokesperson, Rich Azzopardi, impugned the attorney general’s motives for releasing the material, saying James is “abusing her government power to leverage her political future.”

James, who is running for governor, released the transcripts just before another candidate, Long Island Congressman Tom Suozzi, entered the race. James has denied that politics is influencing her and has pointed out repeatedly that it was Cuomo who called for the probe in the first place.

Karen DeWitt is Capitol Bureau Chief for New York State Public Radio, a network of 10 public radio stations in New York State. She has covered state government and politics for the network since 1990. She is also a regular contributor to the statewide public television program about New York State government, New York Now. She appears on the reporter’s roundtable segment and interviews newsmakers. Karen previously worked for WINS Radio, New York, and has written for numerous publications, including Adirondack Life and the Albany newsweekly Metroland.