Andrew Cuomo And The Perils Of Politicized Prosecution

Here in New York, the news today is dominated by one big story: a supposedly “independent” investigative report issued by the Attorney General has apparently validated allegations of a pattern of sexual harassment committed by our Governor, Andrew Cuomo. From CBS News, August 3:

New York Governor Andrew Cuomo sexually harassed multiple current and former staffers as well as women who did not work for his administration, the state's attorney general Letitia James said Tuesday during a press conference summarizing the findings of an independent investigation.

Suddenly, a guy who had been riding high on a wave of (ridiculously) favorable publicity for his (disastrous) handling of the Covid-19 crisis now faces calls from all over the place — even from President Biden! — to resign. How could this all have gone so wrong so quickly?

The New York Post today has an 8-page special section that starts off on page 4 with the headline “AG: Governor Is A Groper.” Here’s the lead paragraph:

Gov. Cuomo was exposed in a blockbuster investigative report made public Tuesday as a dirty old man who used his powerful position to sexually harass female underlings less than half his age — including by touching their “intimate body parts” without consent.

Here’s the cover from today’s Post:

What has occurred is that lawyers working under the authority of Attorney General Letitia James have spent the past several months looking into allegations of sexual harassment by various women against Cuomo. Yesterday, the investigators issued their 165 page Report. The Report considers claims by some eleven women, with the allegations ranging from inappropriate touching to groping to lewd comments. (Unlike with, say, Bill Clinton, there do not appear to be any allegations of actual unwanted sexual intercourse.). The investigators find the claims to be credible, and the conduct of the Governor to be in violation of state law.

I have no particular information on whether any of these claims are true, or whether the conduct at issue was seriously over the line. However, I do think that the idea that this is an “independent” Report is ridiculous.

The person issuing the Report, Letitia James, is the Attorney General. As in many states, the Attorney General is the heir apparent to the governorship. Indeed, that is even more the case in New York. Cuomo himself held the AG job before becoming Governor, and immediately before him Eliot Spitzer followed the same path. So James is not just some impartial investigator, but rather an obvious rival for the Governor’s job.

James has also clearly indicated — indeed, bragged about — her willingness to misuse the powers of her office against political rivals. In her campaign for office in 2018, a principal focus was her intent to investigate anything and everything as to then-President Trump. From Buffalo News, October 30, 2018:

Democrat Letitia James promises much more than simply opposing President Trump should she win her Nov. 6 election for New York attorney general against Republican Keith Wofford. Indeed, she will continue current Attorney General Barbara Underwood’s litigation against Trump policies on immigration, civil rights, the environment and minorities. But she promises even more scrutiny of the president’s personal and corporate finances, his real estate holdings, whether he has dodged taxes, and more.

Note that she didn’t and couldn’t name any actual crime that she thought Trump might have committed that ought to be investigated. Rather, her campaign promise was to investigate Trump until she found the crime. This is a clear violation of prosecutorial ethics. However, she won the election.

And was Cuomo OK with James’s promise to misuse the powers of the AG’s office to prosecute a political rival? Absolutely — he endorsed her! In his statement of support, he specifically mentioned her promise to go after Trump as a reason for the endorsement. From Politico, May 22, 2018:

Gov. Andrew Cuomo has endorsed New York City Public Advocate Tish James’ bid to be the Democratic attorney general nominee, he announced on Tuesday. “She is a talented lawyer and a powerful advocate, and as Attorney General she will champion our progressive values and fight back against Donald Trump and the ultra right wing Republicans’ divisive, hateful agenda,” Cuomo said in a statement. 

So, Andrew Cuomo, you are reaping what you have sown. Why would I, or anyone else, go out of their way to defend you now?

The conduct of our top elected officeholders continues to bring the government of New York State ever lower. If there is a silver lining, it is that the vicious Democratic infighting may give an opening for a Republican in this very blue state. The Republicans have two very credible candidates for Governor in 2022: Lee Zeldin, the Congressman who represents the East end of Long Island; and Rob Astorino, former County Executive of Westchester County (who was Cuomo’s opponent in the race for Governor in 2014). Those two will likely face off in a primary (potentially along with other candidates) some time next year.