Gov. Andrew M. Cuomo continues to lose support both within the political establishment and among his base of Democrat voters following the Aug. 3 release by Attorney General Letitia James of a report that concluded Cuomo engaged in sexual harassment of 11 women and created a toxic workplace in the governor”™s office in violation of state and federal laws.
At the same time, Westchester County District Attorney Mimi Rocah is taking a look at least one of the incidents covered in the report that took place in Mount Kisco and involved a New York State trooper.
“Yesterday our office became aware of the final independent report from Attorney General Letitia James’ office regarding Governor Andrew Cuomo’s conduct,” Rocah said. “As some of the Governor’s conduct described in the report occurred in Westchester County, we have formally requested investigative materials obtained by the AG’s Office. As this is an ongoing investigation, we will not comment further at this time.”
Albany District Attorney P. David Soares announced that he is beginning a criminal investigation and invited women who have claims against Cuomo to contact his office.
State Assembly Speaker Carl Heastie, in addition to calling for Cuomo to resign, said he will push to conclude the Assembly”™s investigation into Cuomo and begin impeachment proceedings that could lead to his removal from office. Under state law, while an impeachment trial is underway, the governor is required to step aside and be replaced by the lieutenant governor.
The report released by James found that on numerous occasions Cuomo engaged in conduct that constitutes unlawful sex-based harassment. The report found that the governor sexually harassed a number of current and former state employees, engaged in unwanted touching and made comments of a sexual nature.
President Joseph Biden joined the growing chorus of elected officials saying it”™s time for Cuomo to go. After making a statement at the White House regarding the Covid-19 situation and calling on all Americans eligible for a vaccine to take it, Biden was asked by reporters about Cuomo.
Biden had said in March when the investigation into Cuomo”™s alleged behavior began that if the investigation found that allegations against him were correct Cuomo should leave office.
Biden said he had not read the report but has heard the report”™s conclusion and it”™s time for Cuomo to go.
“I understand the state legislature may decide to impeach. I don”™t know that for a fact,” Biden said.
When asked if he condoned the use of a photo of him and Cuomo embracing that Cuomo had used to demonstrate that he touched and hugged a lot of people, Biden said, ”I”™m sure there are some embraces that were totally innocent but apparently the attorney general decided there were things that weren”™t.”
Biden”™s remarks came shortly after Senate Majority Leader Chuck Schumer and New York”™s other senator, Kirsten Gillibrand, had called for Cuomo to leave office.
Govs. Ned Lamont of Connecticut, Dan McKee of Rhode Island, Phil Murphy of New Jersey, and Tom Wolf of Pennsylvania released a joint statement saying, “We are appalled at the findings of the independent investigation by the New York Attorney General. Governor Cuomo should resign from office.”
By the following morning, Aug. 4, numerous other of New York”™s elected officials in Washington and throughout New York state had come out against Cuomo”™s remaining in office.
Former Westchester County Executive Rob Astorino, who had run for governor against Coumo, told the Business Journal, “I”™m not surprised. He”™s been a bully, a thug, and has had a sense of entitlement for decades so the fact that he would abuse his power and intimidate women is not news to me or many others who have known him.”
Astorino has been campaigning for the Republican nomination to run for governor and was anticipating that it could be a rematch with Cuomo.
“I”™m running against a system which is completely and utterly broken and corrupt and has failed New Yorkers as much as I would have been running against Andrew Cuomo,” Astorino said. “The decline of this state has been rapid. People have been fleeing and only something different can fix it because the next machine Democrat that replaces Cuomo will be on the same exact path of high taxes, high spending policies.”
Westchester County Executive George Latimer had called for Cuomo”™s resignation shortly after James released the report.
“The attorney general”™s findings are clear and compelling. The governor must resign,” Latimer said. “The patterns of sexually harassing, intimidating and inappropriate behavior towards women cannot be tolerated.”
State Sen. Alessandra Biaggi, whose district includes part of Westchester along with the Bronx and chairs the Senate Committee on Ethics and Internal Governance, recalled on CNN her personal observations and experiences of Cuomo”™s office.
“The office is designed to undermine staff. It is designed to destabilize staff. It is designed to make you second-guess yourself,” Biaggi said. “It is what feels like a constant whiplash between praise and then being valueless. It makes you really wonder whether the bad behavior that happened to you really happened and, unfortunately, it”™s part of what is just business as usual there. I think that the governor”™s abuse of power is pervasive.”
In a recorded televised message responding to the attorney general’s report, Cuomo said, “I cooperated with the review and now I can finally share the truth. The facts are much different than what had been portrayed.”
“I never touched anyone inappropriately or made inappropriate sexual advances,” Cuomo said. “I am 63 years old. I have lived my entire adult life in public view. That is just not who I am and that”™s not who I have ever been.”
During his message, Cuomo presented a collection of photographs that showed him touching, hugging and kissing men and women. The purpose was to demonstrate that having various forms of physical contact with people was a normal part of socializing for him.
Cuomo’s attorney, Rita Glavin of Glavin PLCC, prepared an 85-page point-by-point response to the report.
With James at the news conference were two attorneys who worked on the investigation, Joon H. Kim of the law firm Cleary Gottlieb Steen & Hamilton LLP and Anne L. Clark of the law firm Vladeck, Raskin & Clark PC. They along with other lawyers from their firms were made special deputies to James”™ office for the investigation.
Among the people the report concluded Cuomo sexually harassed was a female state trooper. She was assigned to Cuomo”™s house in Mount Kisco. The report recounted a 2019 incident in which the trooper approached the governor in the driveway of the house to ask if he needed anything and the governor said, “Can I kiss you?” She said that she worried about retaliation if she declined so she responded, “Sure,” and then Cuomo kissed her on the cheek.
The report revealed that the behavior was part of a pattern. The report named Cuomo”™s top aides Melissa DeRosa with helping to block complaints by at least one individual from being investigated.
The report said that conditions within the executive chamber contributed to the culture that allowed harassment to take place. Kim, speaking about the report, said that many of the people interviewed during the investigation described a culture where “you could not say ”˜no”™ to the governor” and people who attempted to do so were tossed aside.
James refused to say whether she thought Cuomo should resign as a result of the report. She said, rather, that his future is up to him as well as the state Assembly, which launched an investigation of its own and could begin impeachment proceedings, and the people of New York.
State Sen. Peter Harckham, who represents parts of Westchester, Putnam and Dutchess, also called on Cuomo to resign. In addition, he said anyone in Cuomo’s office who acted improperly also should leave government service.
State Senate Majority Leader Andrea Stewart-Cousins of Yonkers said that Cuomo needs to resign for the good of the state.
“Now that the investigation is complete and the allegations have been sustained, it should be clear to everyone that he can no longer serve as governor,” Stewart-Cousins said.
New York’s Lt. Gov. Kathy Hochul said in a statement, “Sexual harassment is unacceptable in any workplace, and certainly not in public service. The Attorney General”™s investigation has documented repulsive and unlawful behavior by the Governor towards multiple women. I believe these brave women and admire their courage coming forward.
“No one is above the law. Under the New York Constitution, the Assembly will now determine the next steps.
“Because Lieutenant Governors stand next in the line of succession, it would not be appropriate to comment further on the process at this moment.”
James said that her office would not pursue a criminal case against Cuomo but said that whether there is action against him would depend on whether those who were impacted by Cuomo”™s behavior ask for action from other levels of law enforcement.
During the course of the five-month investigation, 179 people were interviewed including women who had made complains about Cuomo”™s behavior, state employees and others who regularly interacted with Cuomo. Investigators went through more than 74,000 documents including emails, texts and photos.
James said, “These interviews and pieces of evidence reveal a deeply disturbing yet clear picture: Governor Cuomo sexually harassed current and former state employees in violation of both federal and state laws.
“The independent investigation found that Governor Cuomo sexually harassed multiple women, many of whom were young women, by engaging in unwanted groping, kisses, hugging and by making inappropriate comments.
“Further, the governor and his inner team took actions to retaliate against at least one former employee for coming forward with her story, her truth. Governor Cuomo”™s administration fostered a toxic workplace and enabled harassment and created a hostile work environment.”
Cuomo himself was interviewed by investigators and answered questions while under oath.
He offered blanket denials or stated he had a “lack of recollection as to specific incidents.”
The investigators reported that Cuomo”™s lack of recollection “stood in stark contrast to the strength, specificity, and corroboration of the complainant”™s”™ recollections, as well as the reports of many other individuals who offered observations and experience of the governor”™s conduct.”
