Assembly to issue subpoenas in Cuomo impeachment probe

ALBANY, N.Y. — The subpoenas are coming.

The lawmaker in charge of the impeachment probe into Gov. Andrew Cuomo announced Wednesday that the Assembly Judiciary Committee will be issuing subpoenas as it investigates allegations of sexual harassment against the governor and other scandals.

Assemblyman Charles Lavine, D-Nassau, also said that the independent law firm conducting the investigation will be allowed to “act as a commission,” meaning lawyers will have the ability to take “testimony from witnesses under oath.”

The firm, Davis Polk, has so far collected more than 100,000 pages of records, including emails, transcripts, texts, letters, contracts and other documents, and is seeking more information to corroborate existing evidence, Lavine said during a brief public update.

Progress is being made on the probe, Lavine added, but gave no indication of when the investigation could wrap up.

“I am very pleased with the continued progress of the investigation,” Lavine said. “The purpose of this process is to both gather substantive evidence, as well as to assess the credibility and corroborate information learned during interviews.”

The impeachment probe, launched in March, is exploring multiple allegations of sexual misconduct by several women, including current and former staffers, against Cuomo as well as claims that the governor illegally used staff to help him write and promote a pandemic-themed book last year.

Also being probed are allegations that Cuomo helped family and friends get access to scarce coronavirus tests early on during the pandemic, the potential hiding of the true number of COVID-19 deaths in nursing homes, issues with the Mario Cuomo Bridge and whether the governor knew of any attempts to suppress or obstruct related investigations.

Cuomo has denied any wrongdoing and resisted calls for his resignation.

Attorney General Letitia James is overseeing a separate independent investigation into Cuomo’s alleged behavior and the culture within his office as well as his $5 million book deal.

Federal investigators are also probing the governor and his top officials over the counting of COVID nursing-home deaths and other matters.

While it’s unclear when any of the myriad investigations will wrap up or what will come of them, Cuomo has continued to raise campaign funds and hold public events with supporters.

A majority vote for impeachment in the Assembly would set up a potential trial overseen by the Senate and the state Court of Appeals. Both the Senate and Assembly are run by Cuomo’s fellow Democrats and the governor has appointed all members of the state’s highest court.

Last month, after the previous public meeting of the impeachment panel, the governor admitted he has not made any changes in how he operates or the way his office is run amid the multiple probes.

“There is also a number of reviews that are going on to analyze the specifics,” Cuomo said during a press briefing held at his Manhattan office. “Let’s see what they say and if there is a problem, bonafide problem, then address it.”

The governor signed a bill in early June that approved the use of state funds to pay for the ongoing impeachment investigation and potential trial.

The bill granted lawmakers access to $156.9 million in money set aside to settle lawsuits against the state.

Critics have accused the Assembly of slow-walking the impeachment probe and providing cover for Cuomo.

Senate Minority Leader Robert Ortt, R-Erie County, repeated those critiques on Wednesday, slamming Democrats in both chambers for acting too slowly.

“While it’s nice to see them finally taking action that Senate Democrats have failed to do for months, this should have been done at the start of the investigation,” he said in a statement. “The delay in issuing subpoenas seems to underscore the point I have made repeatedly: the Assembly investigation seems to be more focused on buying time for the governor than truly holding him accountable and getting the answers that New Yorkers deserve.”

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