Out of respect for due process, reserve judgment on Cuomo
My successor in the state Assembly (thrice removed), Harvey Epstein, and others, are wrong to demand the resignation of Gov. Andrew Cuomo, at least for the moment.
The allegations of sexual harassment by a number of former employees leveled against Cuomo are very serious and need to be considered in that vein. No person in authority should be allowed to intimidate or cause pressure to be brought upon their subordinates, and especially as it may involve unwelcome sexual advances. This is even more true of people elected to positions of public trust and power, who should be held to the highest standards.
However, this is a nation that believes in due process.
The matter was properly referred to state Attorney General Letitia James, who has appointed a special investigator with subpoena power to vet the claims and make a report. The governor has asked New Yorkers to wait until that report is issued before forming an opinion about the allegations and about what an appropriate punishment might be.
Cuomo is not only right to want that for himself, but it is important that in the public’s outrage over the accusations of sexual harassment we do not rush to condemn a person based on press articles or even firstperson accounts. This is a slippery slope. Our entire jurisprudence system is based on evidence and a careful consideration of the facts. Even accused
murderers are accorded this protection and their day in court.
The women who came forward have a right to have their accusations listened to and investigated as a matter of gravity. There was a time in that not-so-distant past when such allegations were not taken seriously or believed. Those days should be left buried in the past. A woman’s complaint about such things needs to be heard and certainly not dismissed as some innocent or playful activity on the part of a person in power or in a superior professional position.
But justice demands that due process be undertaken and facts ascertained before assigning guilt and punishment. This is true for everyone, including governors. By correcting one injustice, we must not create another.
When it comes to the political class, there are some who see this as an opportunity to score big points against an adversary or settle old scores. It should be noted that some politicians who are now sanctimoniously attacking Cuomo remained silent during years of credible reports of sexual impropriety, hush money
By correcting one injustice, we must not create another.
payoffs, and even rape on the part of former President Donald Trump. They have long ago disqualified themselves as objective commenters on sexual harassment charges against others. Consistency is important and hypocrisy must be seen for what it is.
The allegations against Cuomo may very well be substantiated by the attorney general’s investigation. Cuomo will then have a decision to make about his continued service as governor. The Legislature may also play a role in determining whether he should fill out the balance of his term in office. And certainly in 2022 the voters will be able to be heard.
But if we fail to follow a measured course of investigation and instead acquiesce to the heightened emotions of the moment, however well placed they may seem, we will be doing much more than ousting a governor. We will be jettisoning the very notion of due process that has been the underpinning of our social compact and has served us well for more than two centuries.