ALBANY, N.Y. — The New York State Assembly is suspending its impeachment investigation into Gov. Andrew Cuomo.
The announcement was made on Friday afternoon and comes three days after Cuomo announced he will resign later this month.
Cuomo made the announcement of his resignation one week after the New York State Attorney General's office released the findings of the independent investigation into sexual harassment allegations made against the governor. With Cuomo stepping down, Lt. Governor Kathy Hochul is set to become New York State's first female governor in less than two weeks.
According to New York State Assembly Speaker Carl Heastie, the impeachment investigation will be suspended when the governor officially steps down on August 25. Heastie says this decision was made because the investigation was meant to determine whether or not the governor should stay in office.
Additionally, Heastie notes that the constitution does not allow the legislature to impeach an elected official who is not in office.
However, the decision will also spare the disgraced Cuomo from possible sanctions, including the loss of his state pension and a prohibition on ever being able to seek public office again.
Heastie goes on to say that he believes the evidence gathered against the governor "could likely have resulted in articles of impeachment had he not resigned."
Several members of the Assembly Judiciary Committee, both Democrats and Republicans, told 2 On Your Side they felt "blindsided" by the decision, which was made without consultation of committee members, and that if it were up to them, they would have voted to continue to push forward with their work.
They expressed hope that the result of their investigation, though now left uncomplete, would be released publicly.
"I strongly disagree with this decision," said NYS Assembly member Monica Wallace (D-143rd District). "I believe that we should continue our work, and we should issue our findings publicly."
"Millions of dollars were spent on this," added NYS Assemblyman Michael Norris (R-144th District). "There are facts on many other issues than just the sexual harassment conclusions that have been made, including nursing home deaths due to Covid-19 (and the alleged coverup of same), and also the book the governor undertook to the tune of $5 million."
Norris also thought sanctions were an important part of holding Cuomo accountable.
"It's demonstrably wrong for this investigation, as serious as it is and when it was so close to completion, along with the release of information, to get cut short," said NYS Assembly member Marjorie Byrnes (R-133rd District).
Byrnes, who is an attorney and previously served as a prosecutor and a judge, took little solace in Heastie's call for information gathered by the committee to be turned over to other investigatory agencies, where it may never be revealed to the public, who she also believes will be justifiably upset.
"There were a lot of other things that were exceedingly serious that we were looking at that we discussed, and now all of the sudden the rug has been pulled out from under us. I don't know how anybody can trust us when they tell us we're gonna do an investigation, and then not follow through with what they entrusted us to do," said Byrnes, who said the report was literally a week or two away from completion.
In a statement, NYS Assembly member Karen McMahon (D-146th District) said, "The committee’s investigation yielded important information regarding the Governor’s alleged sexual harassment, use of state resources in writing his memoir, and manipulation of nursing home data. In addition to sharing this information with other investigating authorities, it is my hope that the Judiciary Committee will share our findings with the public and issue our own report.”
Below you can read the full statement from Speaker Carl Heastie on the Impeachment Investigation:
"After consulting with Chair Lavine and my majority colleagues, the Assembly will suspend its impeachment investigation upon the governor’s resignation taking effect on August 25.
"There are two reasons for this decision. First, the purpose of the Assembly Judiciary Committee’s impeachment investigation was to determine whether Governor Cuomo should remain in office. The governor’s resignation answers that directive. Second, we have been advised by Chair Lavine - with the assistance of counsel - of the belief that the constitution does not authorize the legislature to impeach and remove an elected official who is no longer in office (see attached memo).
"Let me be clear - the committee’s work over the last several months, although not complete, did uncover credible evidence in relation to allegations that have been made in reference to the governor. Underscoring the depth of this investigation, this evidence concerned not only sexual harassment and misconduct but also the misuse of state resources in relation to the publication of the governor’s memoir as well as improper and misleading disclosure of nursing home data during the COVID-19 pandemic.
"This evidence - we believe - could likely have resulted in articles of impeachment had he not resigned.
"I have asked Chair Lavine to turn over to the relevant investigatory authorities all the evidence the committee has gathered. We are well aware that the attorney general is investigating issues concerning the governor’s memoir; the Eastern District of the United States attorney has been investigating the administration’s actions concerning nursing home data; and there are active investigations by local law enforcement authorities in five jurisdictions - Manhattan, Albany, Westchester, Nassau and Oswego - concerning incidents of sexual misconduct.
"As I have said, this has been a tragic chapter in our state’s history. The people of this great state expect and deserve a government they can count on to always have their best interests in mind. Our government should always operate in a transparent, safe and honest manner. These principles have and always will be the Assembly Majority’s commitment to all New Yorkers."