News: POLITICO New York Playbook: Cuomo faces multiple criminal probes

Thursday, August 5, 2021

POLITICO New York Playbook: Cuomo faces multiple criminal probes

Aug 05, 2021

By Erin Durkin, Anna Gronewold and Téa Kvetenadze

Gov. Andrew Cuomo is staring down the barrel of not just impeachment and removal from office, but up to five potential criminal investigations. District Attorneys in Manhattan, Nassau and Westchester counties say they're reviewing evidence about sexual misconduct by the governor, after the Albany DA said he was launching his own probe. The Oswego County DA also jumped in last night.

The district attorneys will determine whether Cuomo should face criminal charges for any of the conduct documented in Attorney General Tish James' investigation, which found he sexually harassed 11 women.

In Manhattan, the DA's office says they're looking into two "potential sex crimes" by the governor: his unwelcome touching of a state trooper in an elevator at his Manhattan office and an incident where a state employee said he tapped and grabbed her butt at an event in the city. The other DAs are similarly asking for evidence and testimony about incidents that took place in their jurisdictions.

The prospect of criminal charges comes on top of the unrelenting drumbeat to get Cuomo out of office. Now on the "Cuomo must go" train: Jay Jacobs, the chairman of the New York Democratic Party. While Jacobs may not be as bold-faced a name as others who have called for Cuomo's head, he is perhaps the governor's most steadfast defender in New York politics. Indeed, Jacobs only resorted to a public statement after trying and failing to privately talk Cuomo into resigning before he can be impeached. "It appears that contrary to what I have advised, the Governor may seek to prolong the current situation," he said. "It is with sadness and a measure of regret that I must ask the Governor to resign his office."

A majority of Assembly members support impeachment, according to a count by The Associated Press. And a Marist poll finds that 63 percent of New York voters want Cuomo to resign, and 59 percent want the Legislature to impeach him if he won't.

So it seems like the writing is on the wall. The only one who doesn't see it that way? The governor himself.

IT'S THURSDAY and we're in another relentless news cycle. Might we recommend taking a few minutes to relax with this near perfect song? Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold

WHERE'S ANDREW? No public schedule yet.

WHERE'S BILL? Holding a media availability and speaking at the Coney Island Hospital Tower Building renaming in honor of the late Justice Ruth Bader Ginsburg.

QUOTE OF THE DAY: "He is very savvy and very mild-spoken, but it can be deceptive. He's the kind of guy where you don't know he's coming until he's already up on you." — The Rev. Al Sharpton, to The New York Times about Assembly Speaker Carl Heastie

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WHAT ALBANY'S READING

"The Abandonment of Andrew Cuomo: Unions, Party Leaders and Deep Allies," by The New York Times' Dana Rubinstein and Katie Glueck: "The pillars of Mr. Cuomo's political base now appear to be cracking beneath him, as he suffers consequential defections from core constituencies, including labor, white suburban lawmakers and Black political leaders. His only apparent hope is that, during the time it takes to draw up impeachment papers as the State Assembly advances its investigation, the reservoir of public good will he earned early in the pandemic will stifle the sentiment against him in the legislature and elsewhere. Certainly, in interviews on Wednesday across the state, not all voters saw the report as decisive. 'He is a single man, he is a human being, so mistakes can be made,' said Melissa Edwards, 39, as she began her workout routine in Southeast Queens, suggesting that the accusations paled in comparison to those by women who 'are being raped and molested by people — look at Jeffrey Epstein or Bill Cosby.' 'Without him as our governor, I think New York would be in a different and difficult predicament,' she said."

FROM THE ONION: "Cuomo Increasingly Desperate To Shift Focus Back Onto Nursing Home Deaths"

— "Cuomo commissioner 'appalled and angry' at report," by the Times Union's Chris Bragg: "Following a bombshell report on Tuesday, several high-level appointees in Gov. Andrew M. Cuomo's administration have publicly broken with the embattled governor. In an agency-wide email to staff at the Office of Children and Family Services, Commissioner Sheila Poole denounced Cuomo on Wednesday morning … 'As a longstanding member of Gov. Cuomo's cabinet and as commissioner of OCFS, I am compelled to address (state) Attorney General Leticia James' report which substantiated numerous allegations of sexual harassment by the governor against multiple women employed in his administration,' Poole wrote. 'Having read the report, I am appalled and angry, and have great respect for the courageous victims who stepped forward under what was unimaginable pressure not to do so. ... There is zero tolerance for this behavior.'"

— "Governor Cuomo's Woes Will Help Other New York Pols," by Ross Barkan for The Village Voice: "For the many operators in the Democratic establishment, Cuomo serves no greater purpose. His act has grown old. And if he is governor no longer, intriguing vacancies will appear. His lieutenant governor, a genial Buffalo Democrat named Kathy Hochul, could become New York's first female governor, though her lack of a downstate base will probably hamper her in the long run. James, the attorney general, would be a top candidate to replace Hochul. Another Brooklynite, Public Advocate Jumaane Williams, could leap into the fray too, as might many others if Cuomo is not in the primary. Ambitious Democrats down the ladder can run to replace them. And below them, other lower-ranked or aspiring pols will snatch at a rare opportunity. A world where one man does not wield such titanic power will be beneficial for just about anyone with a modicum of ambition."

"How Cuomo's office sought help from prominent liberal advocates as it pushed to discredit an accuser," by The Washington Post's Michael Scherer and Josh Dawsey: "This week, an independent investigation commissioned by New York Attorney General Letitia James found that the subsequent effort by the governor's office to undermine the credibility of former Cuomo adviser Lindsey Boylan — by leaking her private employee records and circulating a draft of a letter that impugned her credibility — amounted to 'unlawful retaliation.' Attorney Roberta Kaplan, a co-founder of Time's Up Legal Defense Fund, and Alphonso David, the president of the Human Rights Campaign, are now facing questions about their role in Cuomo's aggressive effort to fight back against his accusers. Jill Basinger, an attorney for Boylan, said in an interview Wednesday that she and her client were stunned to read in the attorney general's report that Cuomo's office consulted with the advocates as they sought to undermine Boylan's account."

— "First sexual harassment accuser Lindsey Boylan to sue Cuomo and staff: report," by New York Post's Jesse O'Neill: "The first woman to publicly accuse Gov. Andrew Cuomo of sexual harassment plans to sue the governor, along with his inner circle for alleged attempts to smear and discredit her, according to a report. Lindsey Boylan tweeted in December that Cuomo 'sexually harassed me for years,' opening the floodgates of accusations that the governor behaved inappropriately with young female staffers. On Wednesday, Boylan's lawyer Jill Basinger told The New York Times that she will be litigating the claim."

OLD FRIENDS/BOOKENDS: " Facebook executive helped Cuomo smear sex-harassment accuser: AG report," by New York Post's Theo Wayt: "A top communications manager at Facebook helped Gov. Andrew Cuomo fight sexual misconduct allegations — including by helping leak confidential files about accuser Lindsey Boylan and by participating in regular discussions about Cuomo's communications strategy, according to the New York attorney general's bombshell investigation. Dani Lever — who had worked in Cuomo's press operation since 2014 but left in August 2020 to join Facebook as a communications manager — played a key role in Cuomo's communications strategy even while working for Facebook, according to the investigation released Tuesday."

— "New York AG report reveals cracks in Cuomo's tight-knit inner circle," by Daily News' Michael Gartland and Chris Sommerfeldt: "Aides were even more forthcoming when not within earshot of Cuomo, the AG report suggests. Josh Vlasto, a former Cuomo chief of staff who remains a trusted adviser and has helped him with damage control during the sexual harassment scandal, told unidentified friends in direct messages from March that the workplace culture fostered by the governor was worse than suggested by news reports at the time. 'The odd part about these workplace stories — it's not even close to what it was really like to work there every day. It was so much worse,' Vlasto wrote in the messages, which were included as appendixes in the AG's report."

#UpstateAmerica: Students at Nardin Academy in Buffalo are about to attempt to break the record for the longest basketball game ever played, which is a little over 120 hours.

WHAT CITY HALL'S READING

De Blasio: Cuomo a 'tyrant' who should face criminal charges, resign immediately, by POLITICO's Erin Durkin: Mayor Bill de Blasio took to the morning shows Wednesday to inveigh against his longtime nemesis, Gov. Andrew Cuomo, as the three-term governor stares down impeachment in the wake of damning sexual harassment claims corroborated by the state attorney general. De Blasio has been among Cuomo's biggest public detractors for years and was in the first wave of fellow Democrats to demand the governor leave office when the allegations first surfaced earlier this year. In a pair of appearances Wednesday, he said Cuomo was a "tyrant" of "Shakespearean" proportions who should face criminal charges for groping an aide, after the AG's investigation found the governor sexually harassed 11 women in violation of federal and state law.

"Kids under 12 excused from NYC's new indoor vax rules, de Blasio says," by New York Post's Julia Marsh and Sam Raskin: "New York City's upcoming ban on indoor dining for unvaccinated people does not include kids under 12, who are currently too young to be jabbed, Mayor Bill de Blasio clarified Tuesday. The mayor said that will be one exception to his mandate, announced Tuesday, that all patrons of bars, eateries, gyms and movie theaters must show proof of vaccination to enter starting next month. 'If you're going out with your whole family and your kids are not yet vaccination age, of course they can come along,' de Blasio said during his daily press briefing.

— "A member of Gov. Andrew Cuomo's task force to improve access to the COVID-19 vaccine in the Big Apple's public housing complexes still hasn't gotten the shots himself months into the inoculation campaign."

— The mandate has renewed digital privacy concerns.

— "NYC vaccine campaign surges 40 percent amid mandates, new incentives," by New York Post's Nolan Hicks: "Sometimes it takes a carrot — and a stick! The Big Apple's vaccination campaign has surged 40 percent after Mayor Bill de Blasio offered $100 gift cards for shots and ordered city employees to get vaccinated or face weekly testing, a Post analysis of city data shows."

— "Here's How You Can Show Proof of Vaccination in New York City"

De Blasio punts long-term BQE fix to next mayor, by POLITICO's Danielle Muoio: Mayor Bill de Blasio on Wednesday unveiled a new plan for maintaining the dilapidated Brooklyn Queens Expressway — but the bulk of the work will fall to a future mayor. The proposal comes after de Blasio convened an expert panel in 2019 to hash out the plan for repairing the decaying triple cantilever, which experts have warned could be dangerous to drive on in just a few years. The panel was initially supposed to release its report that same year. The city plans to begin a series of maintenance projects that can extend the highway's life up to 2040, while allowing for the next administration to come up with a long-term vision for transforming the expressway. De Blasio's vision falls short of some of the more ambitious proposals floated by city officials, which include tearing down much of the structure and transforming it into an elevated park. At a Wednesday press conference, De Blasio administration officials acknowledged the plan amounts to "buying time" until a more comprehensive proposal comes together.

"Lack of Affordable Housing Fuels Health Disparities in Central Brooklyn, Student-Led Report Says," by City Limits' David Brand: "An affordable housing shortage continues to fuel health disparities and financial problems in Central Brooklyn's predominantly Black and Latino neighborhoods, and a team of student researchers are helping to amplify community solutions. In a new report published this month, local high school and college researchers from the organization Brooklyn Communities Collaborative (BCC) describe the impact of unsafe living conditions, high rents and discriminatory policies on residents of Central Brooklyn. The report, 'People-Focused Research: Health & Housing in Bedford-Stuyvesant, Brownsville & East New York,' relies on responses and ideas from neighborhood residents to make recommendations for addressing those needs — including the expansion of existing Community Land Trusts (CLTs) and the creation of infrastructure to reduce extreme heat."

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AROUND NEW YORK

— A women's rights group flew a banner over the state Capitol building in Albany reading: "The report is in. Remove Cuomo now."

— Coney Island's Luna Park is now charging a $75 a person weekend admission fee.

This saga... — The white woman who called police on a Black birdwatcher in Central Park last year now claims she had no other choice.

— A man in a wheelchair was saved after he fell onto the subway tracks at Union Square.

— Success Academy charter schools will offer students a remote learning option until early October.

— The New York Auto Show has been canceled due to the Covid-19 uptick.

— The Meatpacking District will go car-free and make its open streets program permanent.

— Yes, there would be a hypothetical budget for the Buffalo Bills stadium, Erie County Executive Mark Poloncarz said.

— Vax or no vax, you are strongly encouraged to mask in Wegmans.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: A.G. Sulzberger … Pete Snyder … Heidi Nel of New Theory Ventures … Matt Anderson of Blackstone … ABC's Luis Martinez … Lila Cohn … Donte Donald

MEDIAWATCH — "CNN's Cuomo Conundrum: A Star Anchor With a Brother in Trouble," by The New York Times' Michael M. Grynbaum: "Earlier this year, CNN executives floated an idea to their star anchor Chris Cuomo. If he wanted to formally advise his brother, Gov. Andrew M. Cuomo of New York, on responding to the sexual harassment accusations that had engulfed his administration, he could take a temporary leave from CNN and return to the network later."

— "Chris Cuomo spotted in the Hamptons reading Post report on Andrew's scandal," by New York Post's Tamar Lapin

REAL ESTATE

"Real estate industry forced to take sides on Cuomo," by The Real Deal's Keith Larsen: "But others have talked about letting the impeachment process — which is still in the investigatory stage — play out. That happens to be the governor's survival strategy. Industry players were among the biggest backers to Cuomo in past election cycles and were counting on Cuomo to extend the lucrative 421a tax break for multifamily developers that is due to expire next year. James Whelan, the president of the Real Estate Board of New York, said in a statement that the findings 'warrant a fair, thorough and expeditious impeachment process.' That could give Cuomo two months to recover and survive an initial impeachment vote in the state Assembly."

Landlords sue to stop Biden's 'nakedly political' eviction ban, by POLITICO's Katy O'Donnell: Trade groups representing property owners late Wednesday sued to block a new federal eviction moratorium that President Joe Biden himself warned this week was on shaky legal ground. The Alabama and Georgia chapters of the National Association of Realtors filed a motion in federal court to vacate the ban that the Centers for Disease Control and Prevention ordered Tuesday. The same groups led a legal challenge against the prior federal eviction moratorium that expired Saturday — a lawsuit that prompted the Supreme Court to cast doubt on the CDC's authority.

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