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James Comer, the Chair of the House Oversight and Government Reform Committee, has referred former New York Governor Andrew Cuomo to the Justice Department under Donald Trump’s administration for potential criminal prosecution. This move marks a significant escalation in the ongoing scrutiny surrounding Cuomo’s actions during the COVID-19 pandemic.
Cuomo, once a prominent Democratic figure, is currently viewed as a contender in the New York City Democratic mayoral primary scheduled for June. This is not the first time Cuomo has faced legal scrutiny; the Biden Administration also received a referral for his prosecution in October 2024. Former Congressman Brad Wenstrup, who chaired the House Select Subcommittee on the Coronavirus Pandemic, previously asserted that Cuomo made numerous false statements to Congress regarding his administration’s handling of COVID-19-related nursing home deaths.
In a new correspondence addressed to Attorney General Pam Bondi, Comer expressed concern that the Biden Administration had seemingly ignored the referral, despite clear evidence that could warrant legal action. Comer requested the Justice Department to review the matter and to take suitable steps against Cuomo.
Comer emphasized the seriousness of the allegations, stating, “Andrew Cuomo is a man with a history of corruption and deceit, now caught red-handed lying to Congress during the Select Subcommittee’s investigation into the COVID-19 nursing home tragedy in New York. This wasn’t a slip-up; it was a calculated cover-up by a man seeking to shield himself from responsibility for the devastating loss of life in New York’s nursing homes.” He added, “Let’s be clear: lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law. The House Oversight Committee is prepared to fully cooperate with the Justice Department’s investigation into Andrew Cuomo’s actions and ensure he’s held to account.”
In light of Comer’s allegations, Cuomo’s spokesman, Richard Azzopardi, dismissed the referral as nothing more than a politically motivated act. Azzopardi characterized Comer’s letter as a “meritless press release” that lacks credibility both now and in the past. He further stated, “As the DOJ constantly reminds people, this kind of transparent attempt at election interference and law-fare violates their own policies. Referrals like these—similar to those made against Planned Parenthood, Hillary Clinton, and Anthony Fauci—do not need to be resubmitted with a new administration, so the only point to doing this is politics.”
The controversy surrounding Cuomo’s administration stems from a directive issued on March 25, 2020, which mandated that nursing homes admit or re-admit patients who were potentially COVID-19 positive. This policy prohibited nursing homes from testing these patients prior to admission or re-admission. The New York State Department of Health later issued a report in July 2020, which controversially attributed excess COVID-19 deaths to nursing home staff rather than Cuomo’s directive.
Comer pointed out that new witness testimony and documents related to the select subcommittee’s referral indicated Cuomo directly participated in drafting and editing portions of the aforementioned report. This has raised significant questions about the integrity of the information presented to the public during a time of crisis.
New York’s Attorney General Letitia James conducted her own investigation, suggesting that Cuomo’s administration may have underreported nursing home deaths. James’s findings indicated that the death toll could have been underestimated by as much as 50 percent. This underreporting was another focal point in the ongoing scrutiny of Cuomo’s handling of the pandemic.
The select subcommittee initiated its investigation into Cuomo’s actions in May 2023 and subsequently issued a subpoena for his testimony in March 2024. After several delays, Cuomo provided a transcribed interview on June 11, 2024, and later testified in front of the subcommittee on September 10, 2024. His testimony raised further controversy as he claimed not to have been involved in drafting or reviewing the July report, statements which documents produced by the subcommittee contradict.
There remains a level of uncertainty regarding whether the Justice Department, now led by Trump’s appointees, will take any action against Cuomo following Comer’s referral. Questions linger about how the DOJ will navigate the political implications of prosecuting a former governor so closely tied to past controversies.
Recent developments highlight the DOJ’s current position under Trump’s administration, including its decision to dismiss an indictment against current New York City Mayor Eric Adams. A judge recently approved the motion to dismiss the case with prejudice, allowing Adams to continue his run as an independent candidate in the mayoral primary.
The political landscape in New York continues to evolve as both Republicans and Democrats navigate the implications of these legal battles. As the upcoming mayoral primary approaches, Cuomo’s fate and political ambitions may hang in the balance, influenced significantly by ongoing debates surrounding public health responses during one of the most challenging periods in recent American history.