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New York State Assembly Begins Its Impeachment Inquiry Against Governor Cuomo

Governor Cuomo's Flickr page

The state Assembly Judiciary Committee held its first meeting of an impeachment inquiry of Governor Andrew Cuomo, over allegations that he sexually harassed several women, as well as other controversies, but the Chair of the committee, Charles Lavine, says it could be quite a while before it reaches any conclusions.

Assembly Judiciary Chair Charles Lavine seemed well aware of the historical significance of the first impeachment proceeding against a sitting governor in New York in over 100 years, saying the process will have “tremendous significance.” 

The last, and only impeachment so far in New York’s history, was the actions against former Governor William Sulzer in 1913.

Lavine laid out the scope of the investigation, which will include charges by multiple women of sexual harassment and inappropriate behavior by the governor, and whether Cuomo and his aides covered up nursing home Covid death numbers and safety concerns over the Thruway’s Mario M Cuomo bridge.

The speaker has directed us to examine all credible allegations,” said Lavine who said the probe would not be limited to those three areas of concerns.  

The ranking republican on the committee, Michael Montesano, called the allegations “disturbing and serious." And he urged the committee to also investigate the financial details of the book the governor published last fall about his success managing the pandemic.

On the parameters of the contract and royalties from the governor’s, book,” said Montesano, who said Cuomo authored the book before the “grave” problems with nursing homes came to light.

Other committee members urged the probe to also look into charges that the governor presides over a toxic work culture, where some women allegedly were encouraged to wear high heels and dresses. And to look into the leak of one of the accuser’s personnel files to some members of the media.

Lavine says the committee has already put the Governor and his aides on notice against trying to retaliate against any potential witnesses for their testimony.

The Judiciary Chair also introduced the attorneys from the Davis Polk and Wardwell law firm, who will be leading the investigation.

They include Greg Andres, a former federal prosecutor who helped put former President Donald Trump associate Paul Manafort behind bars. Andres says one of the first steps in the investigation will be to ensure that   no one in the governor’s office tries to destroy any documents.

We’ll consider the use of subpoenas to ensure the documents are produced and there isn’t any obstruction or destruction of documents,” Andres said. 

Some of the women who say Cuomo harassed them have raised objections to the choice of the Davis Polk firm, because it has ties to the state’s Chief Judge Janet DiFiore, a Cuomo appointee who formerly ran the governor’s ethics commission.  If the Assembly ultimately impeaches the governor, DiFiore would preside over a Senate trial. Her husband, Dennis Glazer, was a partner in the firm for 30 years, and was appointed by Cuomo to two public boards.

Assemblyman Thomas Abinanti was among several on the committee to question whether the law firm might be compromised.

“To install confidence in the public we have to hit it directly,” Abinanti said. “There’s a question on the combination of a possibility of bias, and of conflict of interest.” 

Angela Burgess, who heads the firm’s white collar defense and investigations group, and has defended many corporate clients in federal corruption cases, assured lawmakers that they will conduct the probe fairly.

Dennis Glazer retired from the partnership back in 2012, and since then has not had any involvement in the firm’s business or activities,” said Burgess. “And certainly not in respect to this matter.”

Chair Lavine cited opinions by several law ethicists who say Davis Polk can conduct the investigation without bias.

Cuomo in recent days has had no comment on the impeachment inquiry, and has refused to answer any more questions about the allegations, including new sexual harassment accusations by a current aide, first reported in the New York Times on Friday.

Cuomo spoke on Monday in a conference call with reporters.

As you know, there’s an ongoing review by the Assembly and the Attorney General’s office,” Cuomo said, referring to the probe by AG Tish James on the harassment charges.  “And I’m not going to have any comment on that.”

The governor earlier in March apologized if he inadvertently made anyone uncomfortable. And he denied that he ever inappropriately touched anyone.

Neither Judiciary Chair Lavine nor the attorneys could provide a time line for completion of the impeachment inquiry, but they say it’s likely to be “months, rather than weeks” before it is done.

Lavine also indirectly addressed criticisms by some, including several Assembly Democrats, that the impeachment inquiry could be used as a stalling tactic to buy time for the embattled Governor.

The Judiciary Chair says due process is the “heart of democracy.”

We are mindful of the due process necessary to ensure the fairness of the process to everyone,” Lavine said. “The victims, and witnesses and the governor.”