By Chris Bragg | Times Union, Albany
Albany, N.Y. — Attorney General Letitia James’ office has issued a subpoena to the state Joint Commission on Public Ethics for its records on Gov. Andrew M. Cuomo’s book chronicling his administration’s early response to the coronavirus pandemic, the Times Union has learned.
The subpoena was issued in connection with a criminal investigation that the attorney general is conducting into whether Cuomo’s use of government workers to assist him in writing the book violated any laws.
James’ issuance of a grand jury subpoena in the matter does not confirm that a grand jury has begun reviewing evidence in the investigation. But it does signal that the investigation into Cuomo’s and his staff’s potential misuse of government resources for private gain is entering a phase beyond interviews and gathering publicly available records.
Cuomo’s attorney, Rita Glavin, did not respond to a request for comment. James’ office also declined to comment.
The focus of the subpoena is not clear, but JCOPE’s approval was required for Cuomo, as a government official, to write “American Crisis: Leadership Lessons from the COVID-19 Pandemic.” The former governor ultimately revealed that the book deal could pay him more than $5 million.
When Cuomo sought the approval in July 2020, his special counsel Judith Mogul explicitly stated in her letter to JCOPE that government staff would not be used on the book project. Later that month, a top JCOPE staffer approved the project, and cited that specific assurance.
Yet by the time Mogul had sought the approval, Cuomo staff had already been deeply involved in the project, and some JCOPE commissioners believe Cuomo’s office made a material misrepresentation to the panel’s staff.
Cuomo’s office had said the staffers’ work on the book was voluntary and therefore legal. But Mogul’s letter promising not to use government staff never mentioned any caveats about the former governor planning to use voluntary labor.
A number of high-ranking aides to Cuomo helped produce the book, including editing it. There were also lower-level staffers assigned more menial tasks related to the project. Some of those staff members told the Times Union they did not consider their assignments to be truly voluntary, and that the duties occurred within the context of normal work assignments. At least two junior staffers assigned book-related tasks earned substantial overtime in 2020, but Cuomo’s office said the overtime was government-related.
The approval has also generated blowback because it was granted by JCOPE staff without the consent of the body’s 14 commissioners, who never voted on the matter. At an upcoming JCOPE meeting this month, the commissioners may vote on whether to rescind the staff approval, which could pave the way for commissioners to attempt to claw back Cuomo’s millions in proceeds from the publisher, Crown New York.
In April, following media reports on Cuomo’s use of state workers, Comptroller Thomas DiNapoli sent a formal request to the attorney general requesting her office launch a criminal investigation.
DiNapoli requested an investigation “related to the use of property, services, or resources of the state for personal purposes” by Cuomo’s office, including “the drafting, editing, sale and promoting of the governor’s book and any related financial or business transactions.”
A Cuomo spokesman, Richard Azzopardi, has previously stated that, “Any state official who volunteered to assist on this project did so on his or her own time and without the use of state resources.” He cast the actions of DiNapoli and James as politically motivated.
On Aug. 13 — when Assembly Speaker Carl E. Heastie announced that the Assembly Judiciary Committee was suspending impeachment proceedings because Cuomo was resigning — Heastie said the Assembly’s investigation had revealed evidence of misuse of “state resources in relation to the publication of the governor’s memoir.” The Assembly’s Democratic leaders said they will issue a report detailing the evidence gathered during the investigation.
While misuse of government resources is a state-level offense, Cuomo’s book also has been a focus on an investigation launched by the U.S. attorney’s office in Brooklyn.
A report Aug. 3, issued by two independent attorneys retained by James, found that Cuomo extensively engaged in sexual harassment and improper touching of female employees and other women. Cuomo, who denied the allegations, has characterized the findings as biased. But facing impeachment, Cuomo announced his resignation a week later.
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