Due to COVID report claims from nursing homes, Cuomo is being referred by the DOJ

Albany, New York – Former New York Governor Andrew Cuomo has been formally referred to the Department of Justice by the House Select Subcommittee on the Coronavirus Pandemic, which claims that Cuomo lied about his role in a 2020 health department study on COVID-19 mortality in nursing homes. There have been allegations that Cuomo misrepresented his involvement in the preparation, review, and external feedback process of the July 6, 2020 report, which allegedly minimized nursing home deaths by leaving out residents who subsequently passed away in hospitals.

“Mr. Cuomo made multiple criminally false statements, including that he was not involved in the drafting or review of the July 6 Report,” the Subcommittee wrote in a letter to the DOJ. The Subcommittee claims, citing emails and internal documents, that evidence demonstrating Cuomo instructed aides to obtain “peer review” support for the report contradicts his testimony denying such involvement. According to a former employee, Cuomo dictated an email on June 30, 2020, which read: “Assign the Harvard guy, Dowling, and Ken Davis to be the ‘peer review’ experts of the report.” Get the draft for them to review right away.

The Subcommittee’s letter also made clear that materials contradicted Cuomo’s claim that there had been no discussions concerning peer review. Cuomo testified, “[n]o,” when asked about these interactions. “A document proves Mr. Cuomo’s statement to be false,” the Subcommittee contends.

The committee chairman, Representative Brad Wenstrup, stated that Cuomo’s alleged past misbehavior should be taken into account by the DOJ when assessing possible charges, stating that “this appears to be a conscious, calculated effort to insulate himself from accountability.” Cuomo’s conduct “may constitute a violation of 18 U.S.C. § 1001,” the federal statute prohibiting false representations, according to the letter.

“Nothing in House Resolution 5—or anywhere else—authorizes the Subcommittee to investigate a State’s internal regulatory advisory concerning nursing-home admissions,” Cuomo’s legal team retorted in their own letter to the DOJ, refuting the Subcommittee’s allegations. Additionally, his attorneys cited Wenstrup’s correspondence with Fox News presenter Janice Dean as proof of prejudice, arguing that the committee “far exceeded its jurisdiction and appears to have been an improper effort to advance the interests of private litigants against Governor Cuomo.” In apparent reference to the inquiry, Dean, whose husband Sean Newman is a plaintiff in a lawsuit against Cuomo, wrote on Twitter: “see what happens next … Enjoy your brief party, though.

In its letter, the Subcommittee defended its jurisdiction by stating that it has the authority to look into “executive branch policies, deliberations, decisions, activities, and internal and external communications related to the coronavirus pandemic” as well as “the efficiency, effectiveness, and transparency of the use of taxpayer funds.” “Nothing in the Constitution grants Congress the power to police state regulatory Agencies,” Cuomo’s attorneys argued.

Early COVID-19 death data was erroneous, according to Cuomo, who has insisted that his administration was focused “on releasing numbers people could trust.” However, the Subcommittee provided internal emails that showed Cuomo was involved in the report’s content. Wenstrup allegedly “colluded” with Dean and others to craft a politically charged probe, according to Sarah A. Sulkowski, Cuomo’s attorney. The referral letter suggests a partisan divide because it was signed by only Representative Wenstrup and did not have the support of Democratic ranking member Representative Raul Ruiz.

Nursing home deaths were underreported by around 50%, according to a 2021 report by New York Attorney General Letitia James, which also pointed out that state statistics did not include residents who passed away after being moved to hospitals. Although there were several inquiries into how nursing home admissions were handled, none resulted in any criminal charges. With the addition of staff testimony and emails, this fresh referral may increase attention. In her most recent testimony, former senior Cuomo assistant Farrah Kennedy stated that she “frequently” transcribed Cuomo’s notes, which the Subcommittee used to claim Cuomo actively influenced the report.

The referral ends, “DOJ should proceed with criminal charges against Mr. Cuomo pursuant to 18 U.S.C. § 1001 for false statements, as supported by the facts, evidence, and precedent.” In response, Cuomo spokesperson Rich Azzopardi referred to the committee’s recommendation as “a taxpayer-funded farce” that was intended to make “cheap political points.” “The committee counsels are aware that this pre-election [MAGA] exercise has no foundation,” he continued.

Regarding the Subcommittee’s proposal to charge Cuomo under the federal False Statements Act, the DOJ has not stated whether it will pursue the case.