Andrew Cuomo investigation found ‘overwhelming evidence’ he engaged in sexual harassment

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The New York State Assembly impeachment investigation of Andrew Cuomo found “overwhelming evidence that the former governor engaged in sexual harassment”.

The findings reinforce the state attorney general’s earlier report on the allegations against Mr Cuomo, who resigned as governor in August.

Released on Monday, the report by the Assembly Judiciary Committee also found that Mr Cuomo likely violated state ethics laws by using state workers and other public resources to write, publish and promote his memoir about his handling of the Covid-19 pandemic.

The report also says the former governor was not fully transparent regarding the number of nursing home residents who died as a result of the coronavirus.

In March 2021, the Judiciary Committee was charged by Speaker Carl Heastie with determining whether evidence existed to support a finding that the governor had engaged in acts that constituted serious and corrupt conduct in office that may have justified articles of impeachment.

The scope of the investigation included the allegations of sexual harassment and other sexual misconduct; the publication of his book in October 2020, information provided by his administration pertaining to nursing home residents and the pandemic, and information regarding safety concerns about New York State bridges.

Lawyers from David Polk & Wardwell completed the report for the assembly.

The former governor was not interviewed by investigators for the report. He has largely denied any wrongdoing.

Regarding the allegations of sexual harassment, the report summarises them all but goes into particular depth. on those of an unidentified state trooper, and Brittany Commisso, the former executive assistant to Mr Cuomo, whose allegations that he groped her form the basis of a criminal complaint.

Mr Cuomo’s book, American Crisis: Leadership Lessons from the Covid-19 Pandemic, was scrutinised regarding allegations that he had used state resources for personal gain during the pandemic. The report states that this was indeed the case, dismissing the former governor’s claim that the work by state employees had been done on a volunteer basis.

A state official complained to a colleague that working on the book compromised their ability to focus on the coronavirus crisis, the report says.

Regarding the reporting of the number of nursing home deaths, the investigation found that the administration could have been more transparent regarding the number of nursing home residents who had died as a result of Covid-19, by either disclosing out-of-facility deaths or explaining why those deaths were not included in published data.

Throughout the drafting process of a Department of Health report, the investigation found that the former governor reviewed and edited the draft on multiple occasions, and made edits to strengthen the defence of his 25 March 2020 directive allowing readmission of nursing home residents into facilities even if they had Covid-19 or were suspected to be infected.

“This has been a profoundly sad chapter in New York’s history. I commend Chairman Charles Lavine, the members of the Judiciary Committee, and the team at Davis Polk for their hard work and diligence in completing this investigation,” said Speaker Heastie.

“I also want to acknowledge everyone who participated in all of the investigations for their cooperation, particularly the brave women who stepped forward,” he added. “As we have throughout this process, we will continue to cooperate with all relevant investigative bodies to provide them with the evidence we have uncovered.”

Chairman Lavine said in a statement: “The former governor’s conduct — as shown in this report — is extremely disturbing and is indicative of someone who is not fit for office.”

He added: “I hope this report helps New Yorkers further understand the seriousness of the allegations that have been made and serves to guide us to a more ethical and responsible government. New Yorkers deserve no less.”

The Davis Polk team examined approximately 600,000 pages of documents and witness materials related to proffers, interviews, or depositions for more than 200 individuals, as well as “statements made and writings by former Governor Cuomo and his counsel – opportunities of which they availed themselves despite, in the end, refusing to comply in any meaningful way with 46 the Committee’s requests and subpoenas, despite public pledges of his cooperation on numerous occasions”.

The assembly committee did not review the findings of the report with Mr Cuomo or his team.

A spokesperson for the former governor said the decision could “result in a one-sided report”.