New York Attorney General Letitia James will help select an independent investigator to conduct a review of the allegations of sexual harassment against Gov. Andrew Cuomo, the governor’s office announced on Sunday.
After two former aides came forward this week with accusations against Cuomo, the governor’s special counsel and senior adviser, Beth Garvey, at first announced that an independent review would be launched, led by former federal Judge Barbara Jones.
But after critics argued Jones was inadequate given her business ties to Cuomo’s top aide, Steve Cohen, the governor’s office released a statement on Sunday that James and the chief judge of the court of appeals would jointly select an “independent and qualified lawyer in private practice without political affiliation to conduct a thorough review and issue a public report.”
“We had selected former Federal Judge Barbara Jones, with a stellar record for qualifications and integrity, but we want to avoid even the perception of a lack of independence or inference of politics,” the statement said. “The work product will be solely controlled by that independent lawyer personally selected by the Attorney General and Chief Judge.”
“All members of the Governor’s office will cooperate fully. We will have no further comment until the report is issued,” Garvey said.
Cuomo’s statement coincided with a release from James on Sunday seeking a referral for an independent investigation, noting that state law requires an official referral from the governor’s office and must include subpoena power.
“I urge the governor to make this referral immediately,” James said.
State and U.S. senators, New York City Mayor Bill de Blasio and others are calling for a completely independent investigation. Some, including state Sen. Alessandra Biaggi, have called for Cuomo’s resignation.
Allegations made against Cuomo
Two former aides to Cuomo made allegations of sexual harassment against the governor this week.
On Wednesday, Lindsey Boylan made claims of “sexual harassment and bullying” against the governor, saying it lasted “for years.”
In a post on Medium, Boylan described one incident aboard a flight with Cuomo, aides and a New York state trooper in October 2017 where Cuomo suggested they play “strip poker.” She also complained to friends that Cuomo “would go out of his way to touch me on my lower back, arms and legs.”
Boylan, who began working in the state office in 2015 and was later promoted to deputy secretary for economic development and special adviser to the governor, accused Cuomo of creating “a culture within his administration where sexual harassment and bullying is so pervasive, that it is not only condoned but expected.”
Months before her Medium post, Boylan, saying she was compelled to go public after seeing Cuomo’s name floated as a potential U.S. attorney general candidate, began tweeting allegations against Cuomo on Dec. 13.
“Yes, @NYGovCuomo sexually harassed me for years. Many saw it, and watched. I could never anticipate what to expect: would I be grilled on my work (which was very good) or harassed about my looks. Or would it be both in the same conversation? This was the way for years.”
Boylan, who is currently running for Manhattan borough president, resigned from the governor’s office in September 2018.
After Boylan’s Medium post, Cuomo’s office issued a statement denying her allegations against the governor.
“As we said before, Ms. Boylan’s claims of inappropriate behavior are quite simply false,” according to a statement from press secretary Caitlin Girouard.
The statement also denied Boylan’s allegations of what happened on the October 2017 flight
Calls for an independent investigation and for the governor to resign have increased after a second accuser came forward with allegations against Cuomo on Saturday.
Charlotte Bennett, another former aide to Cuomo, told The New York Times that the governor harassed her last spring, including one incident on June 5, 2020, where Cuomo allegedly asked her questions about her personal life, romantic interests and stated that he was “open to relationships with women in their 20s,” the Times reported.
Bennett left Cuomo’s administration in November, she told the Times.
“I understood that the governor wanted to sleep with me, and felt horribly uncomfortable and scared,” Bennett told the Times, adding that she told Cuomo’s chief of staff, Jill DesRosiers, a week after the June 5 incident and was transferred from the role of executive assistant to a health policy adviser.
Cuomo released a statement after the Times story was published, calling Bennett a “hardworking and valued member of our team during COVID” but denied making any advances towards Bennett.
Cuomo said he never intended to act in any way that was inappropriate and was trying to be a supportive and helpful mentor. “The last thing I would ever have wanted was to make her feel any of the things that are being reported,” he said.
“This situation cannot and should not be resolved in the press; I believe the best way to get to the truth is through a full and thorough outside review and I am directing all state employees to comply with that effort. I ask all New Yorkers to await the findings of the review so that they know the facts before making any judgements. I will have no further comment until the review has concluded.”
Cuomo also under fire for nursing home deaths
Cuomo is also being investigated by the FBI and federal prosecutors, who are looking at the governor’s coronavirus task force, with a particular focus on his administration’s handling of nursing homes early in the coronavirus pandemic, two sources familiar with the matter told ABC News.
The investigation, first reported by the Albany Times Union, is in its initial stages. Subpoenas have been issued, the sources said.
The FBI has declined to comment, as did the U.S. Attorney’s Office for the Eastern District of New York.
The full scope of the investigation is not immediately clear, but the sources said there was a particular interest in nursing homes, which have been a source of increasing frustration for Cuomo.
Earlier this month, a Cuomo aide conceded the administration withheld the nursing home death toll from state lawmakers out of fear it would be used against the state by the Trump administration.
“He starts tweeting that we killed everyone in nursing homes,” Cuomo’s top aide, Melissa DeRosa, said of Trump on the conference call recording, a transcript of which was provided by DeRosa to ABC News. “He starts going after [New Jersey Gov. Phil] Murphy, starts going after [California Gov. Gavin] Newsom, starts going after [Michigan Gov.] Gretchen Whitmer. He directs the Department of Justice to do an investigation into us.”
Cuomo conceded his handling of nursing home fatality data created a “void” that became filled by misinformation and conspiracy theories — but he declined to apologize.
“The void we created by not providing information was filled with skepticism and cynicism and conspiracy theories which fueled the confusion,” Cuomo said during a news conference Monday. “The void we created disinformation and that caused more anxiety for loved ones.”
ABC News’ Aaron Katersky contributed to this report.
