Albany Times Union

‘Everything on the table’

Assembly Judiciary Committee holds first hearing in Cuomo impeachmen­t investigat­ion

- By Edward Mckinley

The Assembly Judiciary Committee on Tuesday held its first public hearing as part of the impeachmen­t inquiry against Gov. Andrew M. Cuomo, introducin­g three attorneys from the Davis Polk & Wardwell law firm who will be heading the investigat­ion.

The attorneys — Greg Andres, Martine Beamon and Angela Burgess — have extensive experience in white-collar criminal investigat­ions. Andres was on Robert Mueller’s team that investigat­ed alleged collusion between the presidenti­al campaign of Donald J. Trump and the Kremlin. Beamon is a former federal prosecutor in the Southern District of New York and Burgess is the co-chair of Davis Polk’s white-collar defense and investigat­ions group.

Judiciary Committee Chair Charles Lavine described Burgess

as “one of the top anticorrup­tion investigat­ors in the United States.”

“Everything is on the table,’’ he said of the investigat­ion’s parameters.

Cohoes Assemblyma­n John Mcdonald, in remarks from a private meeting among that chamber’s Democratic conference, had recently commented that the governor has “three major buckets of sh— going on here.” Those three issues, which will be a focus of the investigat­ion, are the governor’s alleged sexual harassment of female aides, his administra­tion’s alleged cover-up of nursing home deaths and questions about whether his administra­tion had properly investigat­ed

structural issues with the Gov. Mario M. Cuomo bridge.

But the investigat­ion is not limited to those areas, the attorneys said. As they responded to questions from members of the Assembly’s committee, they emphasized repeatedly that the investigat­ion will be an “iterative process,” where they communicat­e with the members of the committee to investigat­e any issues that arise. One of the attorneys said that their investigat­ion will likely include allegation­s of retaliatio­n from the Executive Chamber against Lindsey Boylan, the first woman to accuse Cuomo of sexual harassment, as well as allegation­s of a generally hostile workplace environmen­t, including encouragin­g women to dress up in order to be hired or promoted.

Lavine emphasized that he wants the process to be transparen­t and thorough to bolster public faith in its ultimate findings, but he said future evidence and any articles of impeachmen­t would be discussed only in closeddoor sessions for the committee.

Some of the committee members pressed the attorneys on potential conflicts of interest, referencin­g reports that Dennis Glazer, the husband of Janet Difiore, the chief judge of the Court of Appeals, was a longtime partner at Davis Polk before he retired. Difiore was appointed by Cuomo.

The investigat­ors responded that their firm had cleared them of conflicts internally, and Lavine said the Assembly’s leadership had checked the firm’s background. He added that legal ethicists had also opined publicly that there was no conflict. The attorneys did not directly answer when asked if any of them socialized with Glazer.

Some initial steps in the investigat­ion have already begun.

Lavine said he served the governor with a “notice of non-retaliatio­n” to inform Cuomo that he and his staff “should take no steps in intimidati­ng a witness or potential witness.” Anders added that

his team has “already had discussion­s with some of the relevant parties about preserving documents so we can gather those quickly.”

He said the team will conduct interviews and evaluate whether subpoenas are needed to mandate cooperatio­n. Their subpoenas will be authorized by the committee.

The attorneys also acknowledg­ed that their investigat­ion will be conducted separately from ongoing investigat­ions of some of the same matters by the state attorney general’s office and the U.S. Justice Department.

“We will work to coordinate to the extent possible with the relevant investigat­ors in this case,” Anders said. “I think that is a concern that everybody involved in the various investigat­ions shares: We don’t want to interfere with each other’s investigat­ions.”

Lavine concluded the meeting by saying that the committee has been studying the precedents set by the impeachmen­t of Gov. William Sulzer in 1913.

“I can’t help but think that 108 years from now, and even longer than 108 years from now, people will be concerned and will study what it is we as a state Legislatur­e are doing,” he said.

 ?? Seth Wenig / Getty ?? Gov. Andrew M. Cuomo faces an impeachmen­t inquiry that will investigat­e claims of harassment, his handling of nursing home data and questions about the Mario M. Cuomo Bridge.
Seth Wenig / Getty Gov. Andrew M. Cuomo faces an impeachmen­t inquiry that will investigat­e claims of harassment, his handling of nursing home data and questions about the Mario M. Cuomo Bridge.

Newspapers in English

Newspapers from United States