House Oversight Committee Chairman James Comer (R-KY) announced on Monday that he was recommending to Attorney General Pam Bondi that former Gov. Andrew Cuomo (D-NY) for criminal prosecution, specifically that he be charged with making false statements to Congress. A press release from the chairman's office emphasizes how Comer had made such a recommendation last October to Bondi's predecessor, then Attorney General Merrick Garland, though the Biden-Harris Department of Justice (DOJ) refused to act.
"Evidence and witness testimony gathered suggest Mr. Cuomo knowingly and willfully made false statements to the Select Subcommittee on the Coronavirus Pandemic on numerous occasions about material aspects of New York’s COVID-19 nursing home disaster and the ensuing cover-up. The Select Subcommittee’s investigation exposed Mr. Cuomo’s deliberate, self-serving effort to dodge responsibility for the thousands of lives lost in New York’s nursing homes during the pandemic," the press release mentions early on.
The release also goes on to later highlight the specifics of Comer's allegations against Cuomo:
Overwhelming evidence uncovered by the Select Subcommittee proves that Mr. Cuomo reviewed, edited, and even drafted portions of a purportedly independent and peer-reviewed New York State Department of Health (NYSDOH) Report that was used to combat criticism of his Administration’s pandemic-era nursing home policies. This Report low-balled nursing home fatalities and blamed nursing home staff for causing excess COVID-19 deaths. During Mr. Cuomo’s transcribed interview in June, he testified (1) he was not involved in the review or drafting of this Report, (2) he did not have any discussions about a peer-review of the Report, and (3) he did not have any knowledge of individuals outside the NYSDOH reviewing the Report. Each of these statements are demonstrably false. In October 2024, the Select Subcommittee recommended the DOJ review the evidence laid out in a criminal referral and immediately evaluate criminal charges against Mr. Cuomo.
As governor, Cuomo was hit with plenty of scandals, including but not limited to how he handled the COVID-19 pandemic and even the cover-up of nursing home fatalities in his state, after infected patients were sent to facilities housing particularly vulnerable residents. He placed the blame on nursing home staff. Even otherwise friendly mainstream media outlets were picking up on such concerns.
The press release also contains a relevant timeline, spanning from March 25, 2020 to October 30, 2024:
March 25, 2020: The Cuomo Administration recklessly directed New York nursing homes and long-term care facilities to admit COVID-positive and potentially COVID-positive patients. As a result, New York’s most vulnerable population was recklessly exposed to COVID-19.
July 6, 2020: The NYSDOH released a Report alleging nursing home staff — not the March 25 Directive — caused excess COVID-19 deaths in nursing homes. According to witness testimony and new documents revealed in the Select Subcommittee’s referral, Mr. Cuomo personally drafted and edited portions of this purportedly independent and peer-reviewed report.
January 28, 2021: New York State Attorney General Letitia James released an investigative report claiming, in part, that Mr. Cuomo and his team undercounted the total number of nursing home deaths by as much as 50 percent.
May 19, 2023: The Select Subcommittee began its investigation into New York’s pandemic response and the disastrous March 25 Directive.
As a part of this investigation, the Select Subcommittee conducted transcribed interviews with notable former New York State officials, such as Dr. Howard Zucker, Dr. Eleanor Adams, Dr. James Malatras, Mr. Gareth Rhodes, Ms. Linda Lacewell, Ms. Elizabeth Garvey, and Ms. Melissa DeRosa.
December 1, 2023: The Select Subcommittee requested Mr. Cuomo appear for a transcribed interview.
December 22, 2023 – March 5, 2024: The Select Subcommittee engaged in the negotiation and accommodation process with Mr. Cuomo and his legal team in an effort to secure his testimony.
March 5, 2024: After months of unjustified and unreasonable delays, the Select Subcommittee was forced to announce a subpoena for Mr. Cuomo’s testimony.
June 11, 2024: Mr. Cuomo appeared for a transcribed interview. During this interview, he testified that he was not involved in drafting the NYSDOH’s July 6 Report and that he did not review the Report prior to its public release. New evidence demonstrates these statements to be false.
September 9, 2024: The Select Subcommittee released a nearly 50-page memo presenting evidence that Mr. Cuomo and his team were involved in the decision to issue New York’s disastrous March 25 Directive, and then, acted repeatedly to downplay the tragic aftermath of their decision.
September 9, 2024: Mr. Cuomo’s attorney expressed her objections regarding the above-mentioned memo. In an effort to address those objections, the Select Subcommittee sent a series of additional questions to a former witness concerning his recent communication with Mr. Cuomo. (See September 25, 2024 for further information)
September 10, 2024: Mr. Cuomo appeared for a hearing, at which he was held publicly accountable for his role in New York’s pandemic-era failures.
September 10, 2024: The Select Subcommittee announced a subpoena for current New York Governor Kathy Hochul. Her administration has continued to withhold documents related to the Cuomo Administration’s nursing home disaster.
September 25, 2024: The Select Subcommittee released evidence suggesting Mr. Cuomo attempted to inappropriately influence a witness.
October 30, 2024: Mr. Cuomo was referred to the Justice Department for making false statements to Congress.
That October 30 referral came less than two months after Cuomo appeared for a public hearing before the Select Subcommittee, and less than one month after the Subcommittee put out evidence against Cuomo. The former governor had been subpoenaed in March of last year and finally appeared for a transcribed interview with Committee staff on June 11.
A statement from Comer also points to "a history" for the former governor, who resigned in August of 2021.
"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. 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," said Chairman Comer.
The Oversight Committee has released additional supporting transcript, as well as a 53-page report accompanying the criminal referral that was sent to Garland. As Comer's let to Garland mentioned in part:
On June 11, 2024, the Select Subcommittee conducted a transcribed interview with the former Governor of the State of New York, Andrew M. Cuomo, who was accompanied by counsel. During the transcribed interview, the Select Subcommittee believes that Mr. Cuomo made false statements about his involvement in and knowledge of the drafting of the July 6 Report.
Accordingly, the Select Subcommittee attaches to this letter a detailed referral for criminal charges against Mr. Cuomo pursuant to 18 U.S.C. § 1001. As explained in the attached referral, Mr. Cuomo made multiple criminally false statements, including that he was neither involved in the drafting nor the review of the July 6 Report. Documents establish that statement to be false. Mr. Cuomo also testified that he did not have any discussions about the July 6 Report being peer reviewed. Documents show that statement to be false. And Mr. Cuomo testified that he did not know whether the July 6 Report was reviewed by persons outside of the NYSDOH. Documents again demonstrate that statement to be false.
Mr. Cuomo provided false statements to the Select Subcommittee in what appears to be a conscious, calculated effort to insulate himself from accountability. The Department of Justice should consider Mr. Cuomo’s prior allegedly wrongful conduct when evaluating whether to charge him for the false statements described in the attached.
Although Comer's letter concluded by thanking Garland for his "prompt attention to this important matter," it doesn't look like that ever came, as Comer's letter to Bondi points out.
"On October 30, 2024, the Select Subcommittee on the Coronavirus Pandemic (Select Subcommittee) referred former Governor of the State of New York, Andrew M. Cuomo, for making criminally false statements in violation 18 U.S.C. §1001.1 To our knowledge, the Biden Administration ignored this referral despite clear facts and evidence. Accordingly, we request you review this referral and take appropriate action," Comer's letter to Bondi began by mentioning. That referral was included.
The criminal referral comes as Cuomo is looking to make a return to politics. After months of speculation, Cuomo announced on March 1 that he is running for mayor of New York City. He currently leads a crowded field. Earlier this month, Bill Maher expressed concern to Chris Cuomo, the former governor's brother, that such a comeback could be tricky due to the COVID deaths. The current mayor, Democrat Eric Adams announced earlier this month that he will be running as an independent.