Andrew Cuomo Referred to DOJ for Criminal Prosecution Following COVID Testimony

In a move signaling potential legal trouble for former New York Governor Andrew Cuomo, the House Select Subcommittee on the Coronavirus Pandemic has referred him to the Department of Justice for alleged false statements made under oath about his handling of COVID-19 in nursing homes. The panel, led by Chairman Brad Wenstrup (R-OH), is pushing for a criminal investigation into Cuomo’s testimony regarding policies that placed COVID-positive patients in nursing facilities, a decision that led to thousands of deaths among elderly New Yorkers.

Central to the committee’s referral is a July 6, 2020, New York Department of Health (NYDOH) report, which Cuomo and his administration allegedly used to justify the controversial policy requiring nursing homes to accept COVID-positive patients. According to Wenstrup, Cuomo misled Congress by downplaying his involvement in the report’s drafting and editing processes, and by denying discussions surrounding its review and peer evaluation. House investigators claim Cuomo’s statements were contradicted by documents and witness testimony indicating his deep involvement in crafting the report.

Key accusations outlined by the House panel include:

• False Statements on Report Involvement: Cuomo claimed he had no part in drafting or reviewing the NYDOH report. However, documents reveal Cuomo was directly engaged in both editing and reviewing the report, which was used to support the policy blamed for around 15,000 nursing home deaths.

• Denial of External Review: Cuomo testified he was unaware of any external reviews of the report. Yet, evidence obtained by the committee suggests that he knew of or participated in discussions about external peer review processes.

• Misleading Lawmakers on Peer Review: Cuomo also stated he did not discuss the peer review status of the report, a claim that documentation shows was inaccurate.

In his referral to the DOJ, Wenstrup condemned Cuomo’s alleged deception, stating, “Andrew Cuomo repeatedly lied to Congress, and he must be held accountable to the fullest extent of the law.” Wenstrup asserted that Cuomo’s actions represent a deliberate attempt to avoid responsibility for his administration’s role in nursing home deaths, calling it “a self-serving attempt” that must not go unpunished.

Responding to the allegations, Cuomo’s spokesperson Richard Azzopardi denied any wrongdoing, dismissing the panel’s actions as a “taxpayer-funded farce” and accusing the committee of misrepresenting Cuomo’s statements. Azzopardi argued that Cuomo’s “I don’t recall” responses were truthful, saying, “The governor said he didn’t recall because he didn’t recall. The committee lied in their referral just as they have been lying to the public and the press.”

The nursing home policy, enacted under Cuomo’s administration in March 2020, sparked outrage as it reportedly contributed to the spread of COVID-19 among New York’s most vulnerable populations. At the time, Cuomo’s administration significantly underreported the state’s nursing home death toll, a figure that ultimately rose to around 15,000 lives lost. The state’s failure to account accurately for these deaths, coupled with the governor’s defense of the policy, fueled bipartisan criticism and became a focal point in the broader debate over pandemic-era government accountability.

Cuomo’s legal troubles began to mount after he resigned from office in 2021 following a series of scandals. If the DOJ accepts the House panel’s referral, it could open the door to a high-profile investigation into his COVID-era leadership, further tarnishing the legacy of New York’s former governor.

The House panel’s referral to the DOJ underscores the growing calls for accountability for officials who, like Cuomo, made critical decisions during the pandemic. With thousands of grieving families seeking justice, this case may set a precedent for transparency and accountability in government response to national crises.

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