OPINION: Governor Andrew Cuomo
New York Governor Andrew Cuomo (D) is the subject of multiple allegations of inappropriate touching made by female staff members. Letitia James, New York’s Attorney General, has investigated and released a report. The Governor is mounting what at this point appears to be a scorched-earth defense, accusing the women of lying. Those are the only facts I will cite. From this point onwards this is pure opinion.
When I protested the lack of due process afforded to Donald Trump and Bret Kavanaugh, I was met with accusations I won’t repeat since a minor may read this. I wish to reiterate: Andrew Cuomo, regardless of the charges, must be afforded due process. He maintains his innocence, and that is his right. I watched Fox News reporting the facts as we know them, followed immediately by piling on with personal opinions on the matter. They took almost as much joy in speculating about the Governor’s guilt, the options available, the near-certainty that he needed to resign and be prosecuted, as CNN’s “journalists” took in affirming that every allegation of collusion with Russia was absolute truth, and merely reflected the obvious end-game for a racist xenophobic bigot who was a Nazi.
Trump was never able to govern, whether he would be good or bad at it; he was denied due process at every turn. Kavanaugh was declared guilty of sexual assault by every television “journalist” in sight. Senator Diane Feinstein succeeded in breaking the only non-partisan institution left in Congress, the organization that receives accusations from Senators about nominees on whom they will vote. The organization (can’t bring the name to the front of my mind at the moment) is able to investigate allegations discreetly without bringing embarrassment to the nominee or her family. Feinstein simply bypassed the organization and, in a last-minute effort, revealed allegations of sexual assault from when Kavanaugh was 17.
Here we go again. Time to stop the politics, the partisanship used to deny Americans due process. If the allegations can stand up to cross-examination in a court, then Republicans, Democrats, Whigs, whatever, can signal virtue by making self-serving comments vilifying the convicted criminal. We are better than this as a nation.
Attorney General James’ report is informative but does not outline a route forward. My understanding is that the Attorney General can convene a Grand Jury for the purpose of determining whether there will be an indictment. My last experience with a Grand Jury was in 1976, but I understand it works today mostly the way it worked then. The prosecutor controls the process, presents evidence, and the jurors are allowed to ask questions and call witnesses. In the case of Governor Cuomo, I would expect a Grand Jury to issue an indictment as well as have some administrative recommendations. This is unlikely to go to a Grand Jury nor to a trial. Neither benefits General James, who aspires to the Governor’s position. Her office
She can refer the matter to the legislature for its consideration in a possible impeachment. This could result in a swing and a miss. Democrats dominate the legislature, and will be reluctant to go on record voting to convict a Democrat Governor. Should impeachment fail, there is no second act in which he can be removed. Andrew basically inherited the governorship from his father, Governor Mario Cuomo, and a family with the electoral success of the Cuomos knows where all the bodies are buried (figuratively; I’m not claiming that legislators killed people).
There is an alternative, which the Governor has rejected out of hand: Resignation. That gets him out of General Jones’ path to power, doesn’t require members of the legislature to go on-record voting for or against his impeachment, and has no downside for anyone except the Governor. Democrats from the President on down are calling for Cuomo to resign, which solves all problems. The Governor is just collateral damage. He’ll be able to continue denying all allegations and claim that the state of New York deserves to have a full-time Governor, not one who is distracted by an impeachment or other trial. Lieutenant Governor Kathy Hochul has been a party operative and policy wonk for decade, and would pose no threat to the Democratic Party establishment.
Let due process play out. Political realities will show the way.
I am just enjoying the spectacle of NY and Cali Dem governors imploding. Quite delicious!