[SCROLL DOWN FOR UPDATE AT BOTTOM] A day after a second former aide to Governor Andrew Cuomo came forward with allegations of sexual harassment, his office is asking New York Attorney General Letitia James and Janet DiFiore, the Chief Judge of the State Court of Appeals, to select an independent lawyer to conduct a "thorough review," according to a statement released Sunday morning.
"The Governor's Office wants a review of the sexual harassment claims made against the Governor to be done in a manner beyond reproach," special counsel and senior advisor to the governor, Beth Garvey, said in a statement. Cuomo had first selected former Federal Judge Barbara Jones to conduct a review—but critics, including a group of former state legislature staffers who formed the Sexual Harassment Working Group, soon pointed out Jones used to work with a longtime ally and former secretary to the governor, Steve Cohen.
Garvey said on Sunday the governor's office wants "to avoid even the perception of a lack of independence or inference of politics."
Cuomo's office has asked James and DiFiore, a Cuomo appointee, to select an independent lawyer "in private practice without political affiliation to conduct a thorough review of the matter and issue a public report."
But the attorney general—who issued a statement nearly simultaneously as the governor's office—is calling for an official referral from the governor's office, which would give her agency more investigative authority than the proposal currently being floated by the Governor’s office. That referral "must include subpoena power," James said in a Sunday statement.
"Allegations of sexual harassment should always be taken seriously," James said. "There must be a truly independent investigation to thoroughly review these troubling allegations against the governor, and I stand ready to oversee that investigation and make any appointments necessary."
She said such an investigation is only possible if the governor's office makes an official referral through a state law requiring it.
State Senator Alessandra Biaggi, who represents parts of the Bronx and Westchester County, argued that the Governor’s new investigation proposal is still tinged with the danger of bias. In a tweet on Sunday, she called Judge DiFiore a “long time Cuomo ally.”
Pressure to investigate Cuomo has been building for weeks, following the revelations that his administration withheld information about how many nursing home residents died from COVID-19. Scrutiny of the governor shifted to his misconduct in the workplace after a former aide, Lindsey Boylan, came forward with allegations last week that Cuomo had forcibly kissed her. On Saturday, the New York Times broke the news that a former executive assistant in the governor’s office, Charlotte Bennett, had accused the governor of sexually harassing her by asking about her sex life and and whether she would have sex with older men—remarks that she eventually came to see as grooming.
Numerous Democratic lawmakers, including the leaders of the Assembly and State Senate, have publicly called for James to help initiate an independent investigation. “We can’t trust the Governor to appoint his own investigators or for there to be any ties at all,” said Jessica Ramos, a State Senator from Queens.
At least two state lawmakers in the Governor’s own party, Manhattan Assemblymember Yuh-Line Niou and Westchester State Senator Alessandra Biaggi, have gone a step further, calling for Cuomo’s resignation.
The latest scandal comes just a few weeks before the deadline for New York state lawmakers to work with the governor to finalize the budget on April 1st. State Senator Julia Salazar, who represents parts of Brooklyn, said her caucus will work to ensure that critical legislation keeps moving despite the investigative developments. “We have an obligation to do everything we can as the legislature to ensure that there is an on time budget, regardless of the Governor’s behavior and mistakes that he’s made that are now coming to light,” she said.
UPDATE 2:45 p.m.: James sent out a statement this afternoon "clarifying" her request for a referral, to make it clear that she is rejecting Cuomo's gambit.
“To clarify, I do not accept the governor’s proposal," James said in the statement. "The state’s Executive Law clearly gives my office the authority to investigate this matter once the governor provides a referral. While I have deep respect for Chief Judge DiFiore, I am the duly elected attorney general and it is my responsibility to carry out this task, per Executive Law. The governor must provide this referral so an independent investigation with subpoena power can be conducted.”
Meanwhile, State Senator Todd Kaminsky, a Democrat representing parts of Long Island, said he would introduce legislation on Monday that would end the requirement that the Attorney General's office get a referral from the Governor in order to launch a criminal investigation.
Though James has declined the governor's offer, her counterpart on the investigation, Chief Judge DiFiore, has agreed to work with James at the request of the governor, according to Lucian Chalfen, spokesperson for the Office of Court Administration.
"At the request of the Governor’s office, Chief Judge DiFiore has agreed to work with Attorney General James to select an individual to conduct an independent inquiry and report into the recent complaints regarding the Governor," Chalfen said.
