The Republican-led House Select Subcommittee on the Coronavirus Pandemic plans to send a letter Thursday morning to U.S. Attorney General Merrick Garland, recommending a potential criminal case against former New York Governor Andrew Cuomo to the Department of Justice. The subcommittee alleges that Cuomo, a Democrat, misled Congress regarding his involvement in the development and review of a June 2020 state health department report that significantly undercounted nursing home fatalities.
The investigation centers on a March 2020 directive from Cuomo’s administration that prohibited nursing homes from refusing patients based solely on a Covid-19 diagnosis. Subcommittee Chairman Rep. Brad Wenstrup, a Republican from Ohio, has argued that Cuomo’s “misguided decision” led to the admission of thousands of Covid-19-positive patients into nursing homes, resulting in “predictable but deadly consequences for New York’s most vulnerable.”
Earlier Wednesday, former Governor Andrew Cuomo’s legal team submitted a letter to the Justice Department, urging an investigation into what they allege is an abuse of power by the House Select Subcommittee on the Coronavirus Pandemic. The letter specifically targets committee chairman Rep. Brad Wenstrup, who is involved in a separate Covid-related lawsuit against Cuomo.
Cuomo’s spokesperson, Rich Azzopardi, criticized the GOP-led subcommittee, calling it a “pre-election MAGA exercise” and accusing it of acting unethically to secure “cheap political points” for their allies.
Cuomo’s response to the pandemic has come under increased scrutiny over the last few years. Following reports that his administration may have misled the public about the true Covid-19 death toll, New York officials initiated investigations.
In January 2021, New York Attorney General Letitia James released a report indicating that deaths among nursing home residents due to Covid-19 had been undercounted by around 50%. The health department had inflated the accuracy of their data by excluding deaths that occurred after patients were transferred to hospitals.
The report’s initial conclusions, drawn from a survey of 62 nursing homes, about 10% of facilities statewide, highlighted significant underreporting. In one facility alone, deaths reported to the Department of Health were undercounted by as many as 29 cases.
The upcoming criminal referral is partly supported by testimony from Cuomo’s former executive assistant, Farrah Kennedy. In emails from June 2020, Kennedy provided edits and rewrites for the health department report to Cuomo’s senior staff, including a June 28 email titled “Edits to nursing home doc.” Although Cuomo denied authorship of these edits, Kennedy testified before the subcommittee, stating, “I believe this to be his handwriting.”
The House Select Subcommittee on the Coronavirus Pandemic has alleged that Andrew Cuomo made “criminally false statements” during a transcribed interview on June 11 regarding his role in drafting and reviewing a July 6 report on nursing home deaths. In a letter signed by committee chair Rep. Brad Wenstrup, the subcommittee claims Cuomo falsely stated he was not involved in the report’s drafting or review and denied knowing whether it would undergo external peer review.
According to the Subcommittee, supporting documents contradict Cuomo’s statements, suggesting he deliberately sought to distance himself from accountability for the report’s contents.
