Carl Heastie, speaker of the New York State Assembly, said Friday afternoon that the Assembly will not go ahead with the process that could lead to the impeachment of Gov. Andrew M. Cuomo, whose resignation is due to take effect in less than two weeks.
“There are two reasons for this decision,” Heastie said. “First, the purpose of the Assembly Judiciary Committee”™s impeachment investigation was to determine whether Gov. Cuomo should remain in office. The governor”™s resignation answers that directive.
“Second,” he continued, “we have been advised by (Assembly Chair Charles) Lavine — with the assistance of counsel — of the belief that the constitution does not authorize the legislature to impeach and remove an elected official who is no longer in office.”
Heastie said that the investigation has already uncovered credible evidence in relation to allegations that have been made about Cuomo.
“This evidence concerned not only sexual harassment and misconduct but also the misuse of state resources in relation to the publication of the governor”™s memoir as well as improper and misleading disclosure of nursing home data during the COVID-19 pandemic,” Heastie said. “This evidence – we believe – could likely have resulted in articles of impeachment had he not resigned.”
Heastie said that he has asked that the evidence uncovered during the Assembly”™s investigation be turned over to other authorities who continue to investigate allegations against Cuomo.
“We are well aware that the attorney general is investigating issues concerning the governor”™s memoir; the Eastern District of the United States Attorney has been investigating the administration”™s actions concerning nursing home data; and there are active investigations by local law enforcement authorities in five jurisdictions — Manhattan, Albany, Westchester, Nassau and Oswego — concerning incidents of sexual misconduct,” Heastie said.
“This has been a tragic chapter in our state”™s history,” he continued. “The people of this great state expect and deserve a government they can count on to always have their best interests in mind. Our government should always operate in a transparent, safe and honest manner.”