Law firm named to lead probe
Assembly enlists Davis Polk & Wardwell to helm Cuomo impeachment investigation
The state Assembly’s Democratic leadership on Wednesday said they have retained the law firm of Davis Polk
& Wardwell to lead the Judiciary Committee’s impeachment investigation of sexual harassment allegations that have been made against Gov. Andrew M. Cuomo.
An Assembly source said the law firm will also help the Assembly examine the governor’s handling of nursing homes during the height of the pandemic, as well as the state’s investigation into a cover-up by the construction firm that built the new Mario M. Cuomo Bridge. The latter inquiry will focus, in part, on whether Cuomo had any knowledge of the allegations that the contractor had concealed from quality assurance inspectors that bolts used to hold the bridge together were breaking in alarming numbers. The Thruway Authority and the construction firm, Tappan Zee Constructors, contend the bridge is safe. Wednesday’s announcement was made in a statement by Speaker Carl E. Heastie and Judiciary Committee Chair Charles D. Lavine.
The statement said the international law firm, which has offices in Washington, D.C., and overseas, is “authorized to vigorously pursue all the evidence to determine the extent to which violations of the law have occurred.”
Cuomo on Wednesday declined to comment on what he referred to as the Assembly’s “review.”
“I am not going to take any questions or have any comments on the review,” he said in a conference call with reporters. “Let the lawyers do their job and conduct the review and then we can talk about it when we have facts established . ... But other than that, I’m going to respect the review and I won’t comment on it or related matters.”
Last week, Heastie said the committee will “have the authority to interview witnesses,
subpoena documents and evaluate evidence, as is allowed by the New York state constitution.”
The Assembly’s swift action follows stories published March 9 and 10 by the Times Union revealing a female aide to Cuomo has alleged he groped her late last year after she was summoned to the governor’s mansion to assist him with his mobile phone. Multiple other women have accused Cuomo of sexual harassment and inappropriate behavior.
The office of Attorney General Letitia James also is coordinating an investigation of the allegations. That probe is being handled by two private attorneys. James said the Assembly’s actions would “have no bearing ” on the investigation by her office.
Cuomo has denied the allegations and rebuffed pressure from dozens of lawmakers to step down.
“Since Thursday, Chairman Lavine led a vigorous search for a top-flight firm to assist with the investigation. I have the utmost faith that Assemblymember Lavine and our Judiciary Committee will conduct a full and fair investigation,” Heastie said on Wednesday. “Hiring Davis Polk will give the committee the experience, independence and resources needed to handle this important investigation in a thorough and expeditious manner.”
“The addition of Davis Polk will allow my colleagues on the Judiciary Committee and me to fully and fairly investigate the allegations,” Lavine said. “These are serious allegations, and they will be treated with fairness, due process and discretion.”
New York’s chief judge of the Court of Appeals, Janet Difiore, who was appointed by Cuomo, is married to Dennis E. Glazer, a retired attorney who had worked at Davis Polk for 31 years. He was the head of litigation practice for the firm.
Glazer is chairman of the College Council at the State University of New York at Purchase. He was appointed to the council by Cuomo. There is no compensation for the role but members are reimbursed for expenses.
Debra Katz, an attorney for Charlotte Bennett — a former Cuomo aide who has accused the governor of sexual harassment — characterized the Assembly’s selection of Davis Polk as alarming due to the potential conflicts between Glazer, Cuomo and Difiore, who as a Court of Appeals judge would preside over any impeachment trial.
She said the role of that firm may give Bennett “pause” in cooperating with the Assembly’s investigation.
“This is an unacceptable conflict of interest,” Katz said in a statement. “The impeachment investigation must operate free of political influence and must be transparent, detailing for the public the steps being taken to protect the integrity of their impeachment investigation. We already know the extent to which Gov. Cuomo has surrounded himself with people in the Executive Chamber who enabled his behavior and swept evidence of sexual harassment under the rug.”