Albany Times Union

Mr. Cuomo’s new void

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It speaks volumes about New York’s Joint Commission on Public Ethics that it can’t get to the bottom of an ethical breach in its own ranks.

What a commentary on its investigat­ive capability. Its independen­ce. Its integrity. What a commentary, too, on the state of ethics in New York government. And among prosecutor­s in Albany and Manhattan who are looking the other way.

Who’s left to look into this mess? One name comes to mind: Attorney General Letitia James.

The allegation­s go back to 2019, when JCOPE’S board voted on whether to investigat­e the circumstan­ces surroundin­g Joseph Percoco, a former top aide to Gov. Andrew Cuomo, who was convicted of corruption charges connected to the Buffalo Billion economic developmen­t effort. Republican­s wanted JCOPE to look into whether Mr. Percoco misused state resources in continuing to work in the governor’s office on nongovernm­ental business while he was on leave and working for the governor’s 2014 reelection campaign, and whether Mr. Cuomo knew about it.

JCOPE, which has drawn much criticism for the degree to which Mr. Cuomo controls it, was forced by a court to vote on the complaint. Normally, how individual commission­ers vote is secret. But former JCOPE commission­er Julie Garcia, an appointee of Assembly Speaker Carl Heastie, says Mr. Heastie’s top counsel, Howard Vargas, told her after the meeting that Mr. Cuomo had complained about how the speaker’s appointees had voted.

Ms. Garcia reported the matter. An investigat­ion by the inspector general — which conspicuou­sly did not include interviews with Mr. Cuomo or Mr. Heastie — failed, not surprising­ly, to substantia­te the leak.

Several Republican JCOPE commission­ers have been pressing for an investigat­ion of the leak and the inspector general’s handling of it. But getting an investigat­ion to happen is no easy thing — and it doesn’t seem to help that all the relevant players are members of the same party, in this case, Democrats. Although the governor has an office in New York City, Manhattan District Attorney Cyrus Vance Jr. says the matter isn’t in his jurisdicti­on. Albany County District Attorney David Soares says he’s focused on gun violence.

If they won’t investigat­e, there is still a credible possibilit­y — the state’s attorney general. Though also a Democrat, Ms. James showed commendabl­e independen­ce in last month’s release of a report that concluded the Cuomo administra­tion greatly underestim­ated the number of nursing home residents who had died of COVID -19, informatio­n the governor’s office had kept secret for months. Ms. James is now overseeing an investigat­ion into sexual harassment allegation­s against the governor.

The hitch here is that Ms. James would need authorizat­ion from the governor to conduct a criminal probe in which he himself would be, at the very least, a person of interest.

And yet, as Mr. Cuomo acknowledg­ed in the backlash over the nursing home data, creating a “void” only invites others to fill it with speculatio­n. That’s not hard to do here: For all appearance­s, Mr. Cuomo has an unethical, possibly illegal, pipeline into a board whose operations are supposed to be largely secret.

Mr. Cuomo, then, has a choice: Let an independen­t investigat­ion get to the truth, or let New Yorkers fill the void with the most likely conclusion his reluctance leaves.

 ?? Photo illustrati­on by Jeff Boyer / Times Union ??
Photo illustrati­on by Jeff Boyer / Times Union

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