Andrew Cuomo rejects requests to release documents related to pandemic book

Gov. Andrew Cuomo and a local news outlet are not on the same page regarding the accessibility of documents related to the Democrat's book deal.

On Friday, Cuomo's office denied three Freedom of Information Law requests submitted by the Times Union, the Albany-based paper reported. The governor's attorneys reportedly invoked two laws in their response: one that keeps records of the state's ethics panel secret and one that keeps records hidden if releasing them could interfere with an investigation.

"The first explanation is notable because Cuomo's office recently released the very type of records it's now asserting must be suppressed," the outlet said in its report. "The latter reason is striking because the Executive Chamber is not a law enforcement agency and the records being sought, including time and attendance records of his top aides, were not compiled 'for law enforcement purposes' as the statute is written."

The Times Union requested timesheets accounting for the governmental work hours of Cuomo aides involved with the governor's book, records from Cuomo’s office seeking approval from state ethics officials to publish the book, and copies of any investigative letters that ethics regulators may have sent to the governor's office in recent weeks.

The outlet noted counsel for the governor previously uncovered a document that appeared to conflict with the first justification. In April, in response to media requests, Cuomo's office released a letter written by his special counsel Judith Mogul seeking approval from state ethics regulators before publishing American Crisis: Leadership Lessons from COVID-19 Pandemic. The letter affirmed Cuomo's contention that members of his staff volunteered to help with the book, though his office acknowledged that there might be some "incidental" use of state resources, according to the New York Times.

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In response to counsel Jaclyn Clemmer's argument that records Cuomo's office provided to the Joint Commission on Public Ethics "would be exempt from disclosure under Public Officers Law," the Albany newspaper argued the records it sought originated in the governor's office and were subsequently submitted to JCOPE, therefore exempting them from the law, which regulates only internal JCOPE communications. The distinction prompted JCOPE Commissioner Gary Lavine to call the legal argument from Cuomo's counsel "absurd," the outlet added.

Cuomo's office also denied any potential letters from JCOPE, invoking the same open records law. It also denied requests for timesheets, claiming those records were "compiled for law enforcement purposes and … if disclosed, would … interfere with law enforcement investigations," the report continued.

The book deal, which is set to rake in $5 million for the governor, has attracted scrutiny from elected officials in recent months. In April, state Attorney General Letitia James received a referral to conduct a criminal investigation into Cuomo's use of state resources to promote the book after a March 31 ethics complaint from a liberal watchdog group sought an inquiry into whether he violated a law prohibiting "the use of campaign funds for personal use." Comptroller Thomas DiNapoli authorized James to examine "any indictable offense or offenses," including "the drafting, editing, sale and promotion of the governor’s book and any related financial or business transactions."

As described in Mogul's letter, Cuomo said any government employees who worked on promoting his book volunteered their time. However, his office acknowledged the potential for "incidental" use of state resources.

Cuomo faces other scandals threatening his governorship.

The governor has been accused of directing state health officials to give special COVID-19 testing access to members of his inner circle. Richard Azzopardi, a senior adviser to the governor, has denied those claims as "insincere efforts to rewrite the past" in an email to the Washington Examiner.

Cuomo has also been accused of sexual harassment by 10 women despite denying he ever engaged in inappropriate touching. The allegations have resulted in two investigations: James is investigating the claims at the state level, and New York state Assembly Speaker Carl Heastie is directing an "impeachment investigation" to look into the matter in the Legislature.

James's investigation into claims of sexual harassment expanded last Tuesday to look into claims that a top adviser tied counties' COVID-19 vaccine access to support for the governor, which Beth Garvey, Cuomo’s counsel, said "malign[ed] a decadeslong public servant."

In addition, the Democratic governor is under federal investigation for his handling of nursing homes during the COVID-19 pandemic after Melissa DeRosa, a top Cuomo aide, acknowledged that the governor's office hid the state's nursing home coronavirus death toll out of fear of political retribution from then-President Donald Trump.

Facing mounting pressure from within his party to resign, Cuomo, who is eligible to seek a fourth term in office in 2022, has vowed not to step down, saying the allegations of impropriety against him are false.

Representatives for Cuomo's office did not immediately respond to the Washington Examiner's request for comment.

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