The impeachment probe into Governor Andrew Cuomo will be suspended by the New York state Assembly. Andrew Cuomo will be removed from office once he is done, according to the top Democrat in the chamber.
Cuomo announced his resignation on Tuesday over sexual harassment allegations, days after he faced increasing pressure to resign or face the possibility of being ousted by the Democratic-controlled Legislature through the impeachment process. Cuomo stated at that time that the resignation would not be effective for 14 days. After that, he will be replaced with Lt. Governor. Kathy Hochul.
Last week, the state attorney general released an independent investigation which found Cuomo had sexually harassed at most 11 women.
In a statement, Speaker Carl Heastie stated that the Assembly Judiciary Committee heard from its lawyers that it cannot impeach or remove an elected official who is no longer in office. Heastie stated that the evidence the committee had collected “could have likely resulted in articles for impeachment if he hadn’t resigned.”
Since March, outside attorneys have been supporting the committee in a broad-based investigation into whether there was grounds to impeach Cuomo (a Democrat). The announcement 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.
Multiple requests from The Associated Press for comment by Cuomo’s office or Rita Glavin (her lawyer) regarding whether Cuomo would comply with the deadline were not answered.
Lavine stated, “Let’s be clear, the committee’s work in the past several months, while not complete, did uncover credible proof in relation to allegations made in regard to the governor.”
This included evidence related to sexual harassment and the misuse of state funds in conjunction with publication by the governor’s pandemic book and “improper, misleading disclosure of nursing home information.”
As the answer to the legal question of impeaching a departed official remained unclear for several days, some Democrats, including Assemblymember Ron Kim, had urged the Assembly to impeach Cuomo anyway to prevent him from running for office again in New York.
Heastie stated that he has asked Charles Lavine, Chair of the Judiciary Committee, to turn over all evidence the committee has gathered “to the relevant investigative authorities.”
Cuomo is currently under investigation by the state attorney general and state prosecutors for his $5 million book deal. Also, state prosecutors are looking into Cuomo’s handling of data on nursing home deaths. Cuomo could also be fined by the state’s ethics commissioners.
Heastie also mentioned “active investigations” by the county district attorneys of Manhattan, Westchester and Nassau regarding incidents of sexual harassment by Cuomo.
A number of women claim that the governor inappropriately touched their breasts, including one current aide, Brittany Commisso, at the Executive Mansion last November. That aide, Brittany Commisso, filed a criminal complaint that could result in a misdemeanor groping charge.
Friday morning, Judiciary Committee members Phil Steck and Kenneth Braunstein said that they would like the committee to release at least a report of its findings to the public.
Heastie’s statement did not state whether the committee would continue to publish its findings.
Mike Whyland, Heastie’s spokesperson, didn’t respond Friday to repeated requests for comment. Heastie said Monday that the probe had cost taxpayers “millions”, but he didn’t respond repeatedly to AP requests for an estimate.
