The Saratogian (Saratoga, NY)

No impeachmen­t probe for Cuomo

- By Associated Press

ALBANY, N.Y. (AP) — The New York State Assembly will suspend its investigat­ion of Gov. Andrew Cuomo once he steps down after its leader concluded the Legislatur­e didn’t have the clear authority to impeach a departed official, the chamber’s top Democrat said Friday.

Cuomo announced Tuesday he planned to resign over sexual harassment allegation­s as it became clear he was almost certain to be impeached by the Legislatur­e. He said his resignatio­n was effective in 14 days, at which point he’ll be replaced by Lt. Gov. Kathy Hochul.

Some lawmakers have urged the Assembly to press on with an impeachmen­t proceeding, perhaps to bar Cuomo from holding state office in the future if he attempted a political comeback.

But Assembly Speaker Carl Heastie said Friday that lawyers had advised the body’s judiciary committee that the state constituti­on doesn’t authorize the Legislatur­e to impeach an elected official no longer in office.

Heastie had provided reporters a less definitive legal memorandum saying Assembly lawyers and outside counsel had concluded lawmakers “probably” lack the constituti­onal authority to do so, though the matter hasn’t been settled definitely.

“Let me be clear — the committee’s work over the last several months, although not complete, did uncover credible evidence in relation to allegation­s that have been made in reference to the governor,” said Heastie, a New York City

Democrat.

He said that included evidence related to the sexual harassment claims, possible misuse of state resources in conjunctio­n with publicatio­n of the governor’s book on the pandemic, and “improper and misleading disclosure of nursing home data.”

“This evidence — we believe — could likely have resulted in articles of impeachmen­t had he not resigned,” Heastie said.

When asked whether lawmakers could still release a report with findings to the public as originally planned, Heastie said: “I guess it could.”

“The concern behind that is, if you’re in the middle of an investigat­ion and other law enforcemen­t areas are looking at this, I don’t know if we can, I don’t want to have us step on their toes

while there are criminal investigat­ions going on,” he said Friday on the news program “Capital Tonight.”

Heastie didn’t explain how releasing a committee report could interfere with independen­t law enforcemen­t investigat­ions. He has previously said that he’s asked the committee to turn over evidence it had gathered “to the relevant investigat­ory authoritie­s.”

Heastie denied that he had reached any deal with Cuomo to let him resign without facing an impeachmen­t trial or investigat­ion.

“There was no deal,” Heastie said. “I’ve said that 150 times and I’ll make that the 151st time.”

Cuomo’s office and his lawyer, Rita Glavin, didn’t immediatel­y respond to a request for comment.

The first woman to publicly accuse Cuomo of misconduct, Lindsey Boylan, called the Assembly leadership’s decision to call off its separate investigat­ion “an unjust cop out.”

“The public deserves to know the extent of the Governor’s misdeeds and possible crimes. His victims deserve justice and to know he will not be able harm others,” she tweeted.

Many local Republican members of the state Legislatur­e provided comments on the decision not to proceed with the impeachmen­t.

“The actions of the leadership of the Assembly can only be described as a miscarriag­e of justice for the toxic environmen­t he created and the 15,000 New Yorkers who died in nursing homes from COVID-19 that he tried to cover-up so he could make $5.1 million from a book deal,” State Sen. Jim Tedisco, R-C-Glenville, said. “The tragedy is he can deny and deny and say goodbye by resigning from office in the manner of his choosing without ever being impeached and held accountabl­e for his actions which the Attorney General said amounted to breaking state and federal laws.”

“If the Majority in the Judiciary Committee had done its job months ago, Cuomo would have already been impeached and removed from office and my Senate colleagues would have been able to ban him from ever running or holding public office again in New York State.”

“I”m extremely disappoint­ed that Speaker Heastie has decided to stop the impeachmen­t process without consulting all members of the Assembly Judiciary Committee, who were tasked with spearheadi­ng this investigat­ion,” Assemblywo­man Mary Beth Walsh, R-C-IBallston said. “As of this past Monday, we were scheduled to meet at least two more times ahead of August 25 and other members and I were prepared to spend hours reviewing the nearly 500,000 documents procured by our outside counsel, as well as the source documents from the attorney general’s report. The speaker’s decision today has foreclosed that opportunit­y — and for what reason?

“Gov. Cuomo’s resignatio­n doesn’t absolve him of his many transgress­ions — which the Assembly Judiciary Committee has ‘credible’ evidence of — and he, just like any other New Yorker, should be held accountabl­e for his actions,” Assemblyma­n Jake Ashby, R-Castleton, added.

“The suspension of the impeachmen­t procedure is paramount to a slap in the face for victims of his repeated sexual harassment and the families who lost loved ones as a result of Gov. Cuomo’s financiall­y-and-politicall­y motivated orders that caused the deaths of thousands of seniors in nursing homes across our state.

“If the Assembly Democrats, blinded by political loyalty, stand by the decision to suspend the impeachmen­t proceeding­s than it is of the utmost importance that the federal government use the informatio­n obtained by the Assembly Judiciary Committee and move swiftly with a federal investigat­ion into the many laws the governor appears to have habitually broken.”

“I have taken my role as a member of this committee very seriously, and to learn that all of the work that we have been briefed on, and that which had yet to be done, would be moot by way of a Friday afternoon news dump is shameful. Transparen­cy can be hard to find in Albany, but blindsidin­g members of the committee who have diligently worked on behalf of New Yorkers for the past 5 months to look into very serious allegation­s against our governor is a new low.

“It’s a sad commentary that even in his final days as Governor, Andrew Cuomo has been able to roll the Majority in the Legislatur­e and make them his lapdog.”

Since March, outside lawyers have been helping the Assembly conduct a wide-ranging investigat­ion on whether there were grounds to impeach Cuomo. The announceme­nt that the inquiry would cease came on a day the Assembly had initially set as a deadline for Cuomo’s legal team to respond with any additional evidence refuting the allegation­s against him.

Cuomo faces ongoing probes from the state attorney general over his $5 million book deal and from federal prosecutor­s, who are scrutinizi­ng his handling of nursing home deaths data. The state’s ethics commission­ers, who could levy fines against Cuomo, are also looking into similar issues.

Heastie also cited “active investigat­ions” by county district attorneys in Manhattan, Albany, Westcheste­r, Nassau and Oswego concerning incidents of alleged sexual harassment by Cuomo. Several women have said the governor inappropri­ately touched them, including an aide who said he groped her breast.

Several committee members said Heastie’s announceme­nt took them by surprise.

Assembly Judiciary Committee Chair Charles Lavine, a Democrat, said Heastie alone made the decision to suspend the impeachmen­t investigat­ion.

Committee members were split in their reaction with some like Assemblyme­mber David Weprin, also a Democrat, saying an impeachmen­t trial would have been a “tremendous waste of government resources.” Latrice Walker, a Democrat, told NY1 on Tuesday that lawmakers have more important work to do than focus on Cuomo’s “future career choices.”

But others objected to the end of the Legislatur­e’s probe. Assemblyme­mber Tom Abinanti, a Westcheste­r Democrat on the committee, called the decision “premature.”

“The governor has not even left office,” he said. “The committee should continue to meet and issue a public report to the people on the extensive investigat­ion that the committee and its attorneys have conducted to date.”

The Republican Minority Leader in the Assembly, Will Barclay, called it “a massive disservice to the goals of transparen­cy and accountabi­lity.”

The Assembly’s probe has already cost taxpayers at least $1.2 million, according to Lavine.

All six Republican­s and nine out of 15 Democrats on the committee said the Assembly should at least release a public report on the findings of the impeachmen­t investigat­ion.

Lavine said he will be consulting with committee members about whether to do so, and will decide once Cuomo resigns.

“That’s something I’m going to give full considerat­ion to,” Lavine said. “I expect there will be a full report.”

Legal experts this week said they had questions over both the legality and practicali­ty of trying to impeach Cuomo after he’d already left office.

Ross Garber, an attorney who’s represente­d four recent U.S. governors facing impeachmen­t proceeding­s in their respective states, had told The Associated Press his reading of state law is that a person must be in office at the time of impeachmen­t.

Richard Rifkin, an attorney who’s worked in state government for 40 years, including in the attorney general’s office and as special counsel to former Gov. Eliot Spitzer, said the language in the state Constituti­on on impeachmen­t was “really quite vague” and that there wasn’t definitive precedent saying whether impeachmen­t could continue after Cuomo left office.

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