Albany Times Union

If Democrats choose to pursue it, process would be mired in procedural questions

- By Edward Mckinley and Amanda Fries

With many Democratic legislator­s demanding the resignatio­n of Gov. Andrew M. Cuomo, Republican­s on Monday called for impeachmen­t proceeding­s to begin immediatel­y.

“It’s been one bombshell after another,” said state Assembly Minority Leader William Barclay of the overlappin­g scandals that have engulfed Cuomo’s administra­tion, including allegation­s of sexual harassment and a hostile management style as well as the cover-up of the COVID-19 death count of nursing home residents.

Barclay and other Republican members of the state Assembly gathered at the state Capitol to say they will be pushing a resolution to initiate Cuomo's impeachmen­t, and are urging their Democratic colleagues to support it. The Republican­s can't force a vote on the issue without majority support, so it will ultimately be up to the Democrats whether it moves forward.

“If they really believe in resignatio­n, why not start the impeachmen­t process?” he said. “We think now is the time to

act.”

The calls for Cuomo’s resignatio­n have been bipartisan. Senate Majority Leader Andrea Stewart-cousins said Sunday that the governor should step down, and Assembly Speaker Carl E. Heastie questioned the governor's ability to be an effective leader under the weight of multiple scandals. Nearly three dozen Democratic legislator­s in the Assembly and Senate support impeachmen­t or resignatio­n, Barclay said. Impeachmen­t would require a significan­t number of Democratic votes in the Assembly, and removal would require 42 votes in the Senate.

It’s unclear whether the Democratic calls for resignatio­n contain an implicit threat of impeachmen­t if Cuomo decides to hold on.

Assemblywo­man Patricia Fahy, D-albany, was one of 21 women in the chamber who signed onto a statement seeking a thorough and independen­t investigat­ion into the allegation­s of misconduct by the governor, and expressing support for Attorney General Letitia James’ handling the investigat­ion.

“We believe the attorney general will exercise due process and expediency in her deliberati­ons. We continue to support our attorney general, the first woman, and the first African American woman to be elected to this position, as she launches this investigat­ion,” the members wrote. “We request that she be allowed the appropriat­e time to complete her investigat­ion rather than undermine her role and responsibi­lity as the chief law enforcemen­t officer of the state of New York.”

Fahy said whether Cuomo can effectivel­y govern as scandals mount in his administra­tion is a “good question,” agreeing with Heastie's statement. “I think it’s growing more and more difficult,” she said. But the Legislatur­e remains focused on doing the people’s work, Fahy added.

Assemblyma­n John Mcdonald, D-cohoes, said he believes state government will continue to function normally despite the governor's woes.

“This governor — and I’m neither friend nor foe — is that hard-charging that I do believe even he can work through something like this,” Mcdonald said.

The assemblyma­n pointed out that the legislativ­e bodies continue to focus on the work that New Yorkers elected them to do.

“I know there are a lot of detractors out there that hope he is distracted and does fail, and to that I say shame on all of us,” Mcdonald said. “It’s about the people of the state of New York, and that’s where our focus should be and needs to be a priority, whether you like him or not.”

There’s little precedent for a full impeachmen­t process playing out in New York for a statewide elected official accused of misconduct.

Gov. William Sulzer remains the only New York state executive to be impeached. He was booted from office in 1913 after facing charges of misuse of campaign funds for personal gain; historians argue that the real reason for his fall was Sulzer's break with his former patrons in the Tammany Hall political machine.

With very minimal case law on the matter, there are many unanswered and complex legal and procedural questions regarding how impeachmen­t works in the state, said James A. Gardner, a professor of law and political science at the state University at Buffalo.

“On the other hand, there’s a certain sort of standard framework for thinking of impeachmen­t in the American constituti­onal tradition,” he said. “The presumptio­n would be that it’s not necessary to show a violation of some express criminal law,” but merely “willful and corrupt misconduct.”

It will take a majority vote to advance an impeachmen­t through the Assembly, which is procedural­ly equivalent to an indictment of a federal crime: It’s not a finding of guilt, but a finding that there’s enough reason to hold a trial. That part of the process mirrors the way a presidenti­al impeachmen­t works, but it begins to substantia­lly differ at the trial stage in the Senate.

While a a two-thirds vote is required to convict — as in the federal process — the “jury” in New York would be made up of not just the Senate, but also the seven members of the state Court of Appeals, all of whom were appointed by Cuomo.

Some political observers, including Barclay on Monday, have said that Lt. Gov. Kathy Hochul would become acting governor during any impeachmen­t trial. That understand­ing is based on the precedent set during the Sulzer impeachmen­t, said Timothy Kneeland, a history and politics professor at Nazareth College.

Barclay said one reason to proceed quickly with impeachmen­t would be to move Hochul into the acting governor spot so the Legislatur­e could negotiate the state budget with her before the April 1 start of the new fiscal year.

But Gardner said his reading of the law doesn’t indicate that it's a requiremen­t for the governor to step aside. He said the law holds that only judges who are facing impeachmen­t trials must step aside, not the governor. That exemplifie­s the opacity of the process, and Cuomo — well known for his aggressive style — would surely fight back against any effort to sideline him.

Impeachmen­t has historical­ly been used in New York more as a threat to provide leverage to force resignatio­n, Kneeland said. That also happened with President Richard Nixon at the federal level in 1974, an exit Barclay alluded to in his Monday press conference.

Former Gov. Eliot Spitzer resigned his post before impeachmen­t proceeding­s could begin against him for a prostituti­on scandal, as did former state Attorney General Eric T. Schneiderm­an after he was accused of domestic violence.

The Associated Press reported Sunday that Cuomo called Stewartcou­sins that day and told her that the Legislatur­e would have to impeach him to get him out of office.

Spokespeop­le for Democratic leadership in the Assembly and Senate did not immediatel­y respond to requests for comment.

“I wasn’t elected by politician­s; I was elected by the people of the state of New York. I’m not going to resign,” Cuomo said Sunday.

 ??  ?? BARCLAY
BARCLAY

Newspapers in English

Newspapers from United States