House Subcommittee to Refer Ex-Governor Cuomo to DOJ for Alleged False Statements About COVID-19 Nursing Home Deaths

WASHINGTON — The House Select Subcommittee on the Coronavirus Pandemic, steered by Republicans, is set to challenge former New York Gov. Andrew Cuomo over alleged falsehoods tied to a health department report that significantly underestimated nursing home deaths due to COVID-19. On Thursday morning, the subcommittee plans to refer a potential criminal case to U.S. Attorney General Merrick Garland, accusing Cuomo of lying to Congress about his involvement in the preparation of the report.

During the early phases of the pandemic in March 2020, a directive from Cuomo’s administration prohibited nursing homes from turning away residents based solely on COVID-19 diagnoses. This decision has been criticized for potentially exacerbating the spread of the virus among vulnerable populations. Subcommittee chairman Rep. Brad Wenstrup contends that Cuomo’s directive led to a tragic and avoidable loss of life among New York’s elderly residents.

In a preemptive move, Cuomo’s legal team issued a referral letter to the Justice Department urging an investigation into the subcommittee itself. They allege an abuse of power, specifically targeting Wenstrup, whom they claim has improper ties with a media personality and others involved in separate legal challenges against Cuomo.

Cuomo’s spokesman, Rich Azzopardi, has dismissed the subcommittee’s actions as politically motivated, especially in light of the upcoming elections. He characterized their efforts as unethical maneuvers intended to garner political favor, undermining the serious nature of the inquiry.

The scrutiny of Cuomo’s management of the pandemic and its impact on nursing homes has intensified over time. After initial reports emerged revealing that his administration may have obscured the true death toll among nursing home residents, several investigations were launched in New York.

A pivotal report in January 2021 by New York Attorney General Letitia James found that COVID-19 deaths in nursing homes were underreported by about 50%. This discrepancy arose because the official figures did not include residents who died in hospitals after being transferred from nursing homes. The attorney general’s investigation highlighted the potential manipulation of data to present a less dire picture of the impact on elderly care facilities.

Further complicating Cuomo’s position, testimonies and email correspondences have surfaced suggesting personal involvement in the manipulation of the contentious report. Farrah Kennedy, a former executive assistant to Cuomo, testified that she was directed to make edits to an early version of the report. Her June 2020 emails indicated involvement in revising the document, which Cuomo later denied.

The referral to the Department of Justice emphasizes several allegedly false statements made by Cuomo during a June interview. He denied any involvement in drafting or reviewing the report from July 6, denying knowledge of peer review processes or discussions concerning the report’s oversight outside the health department. Documentation reviewed by the subcommittee reportedly contradicts these claims by Cuomo, suggesting a deliberate effort to shield himself from accountability.

The unfolding saga pits the credibility of a former governor against legislative powers, as each party challenges the veracity and intentions of the other amid ongoing legal and political wrestling. This case continues to draw attention as it develops, highlighting the broader implications of pandemic management and political accountability.