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Gov. Cuomo attempted to cover up sexual harassment claims, AG report says
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The women who accused Gov. Cuomo of sexual harassment — and what he allegedly did
Albany District Attorney David Soares has asked the New York Attorney General’s office to turn over materials investigators used for a report finding that Gov. Andrew Cuomo sexually harassed multiple women.
“We will be formally requesting investigative material obtained by the AG’s Office, and we welcome any victim to contact our office with additional information,” Soares said in a statement.
“As this matter is developing and we are reviewing the document released by the Attorney General today, we will refrain from any additional public comment at this time regarding the status of the ongoing criminal investigation by our office,” Soares continued.
Earlier Tuesday, state Attorney General Letitia James announced the findings of a report by independent investigators which concluded that Cuomo engaged in “unwanted groping, kissing, hugging and making inappropriate comments,” toward former and current state employees.
Cuomo responded later Tuesday to the report saying he “never touched anyone inappropriately,” and wouldn’t resign amid calls from lawmakers on both sides of the aisle.
James said that Cuomo’s conduct violated federal and state laws. But, she said that her office wouldn’t be bringing a case against Cuomo and instead left it up to local authorities and victims to bring charges or civil claims.
“Our work has concluded,” James said. “The document is now public. And the matter is, civil, in nature, and does not have any criminal consequences. It is my understanding.”
Anne Clark, one of the two independent lawyers hired for the investigation, said that the Albany Police Department had already been notified by Cuomo’s office about one of the most serious allegations against Cuomo that he groped a female aide in the Executive Mansion in Albany last year.
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“All the information is fully documented in the report and any prosecutors and police departments can look at the evidence to determine if they want to take further action,” Clark said.
Steve Smith, a spokesman for the Albany Police Department said there is “no active investigation.” He noted that his office cannot initiate a case without a “credible victim” requesting further action.
“The Albany Police Department has not received any complaints and we have no active investigations,” Smith said.
James also said that she would provide the state Assembly Judiciary Committee with evidence and would “cooperate with their investigation as needed.”
The Assembly in June voted unanimously to begin issuing subpoenas for witness testimony for its impeachment investigation of Cuomo.
Clark added that any of Cuomo’s alleged victims can file civil claims against him.
Lawyers for Cuomo’s accusers said they were mulling whether to file suit, while experts said the report paves the way for a slew of potential civil litigation.
Brian Premo, a lawyer for the current Cuomo aide who was allegedly groped in the Executive Mansion last year, said his client “is considering filing a federal civil rights lawsuit,” for claims of “deprivation of civil rights based on sexual harassment and retaliation.”
“The governor’s suggestion that a sexual harassment victim pursing remedies under specific provisions under state and federal law is not correct,” Premo said adding that its “both neanderthal and absurd.”
“The client stands on her statement which the Attorney General’s investigations found to be credible,” Premo said.
Mariann Wang, a lawyer who represents accusers Alyssa McGrath and Virginia Limmiatis, said her clients haven’t decided yet whether they will sue the governor.
McGrath claimed Cuomo sexually harassed her including once looking down her shirt, while Limmiatis alleged he ran his fingers across her chest over her shirt.
Still, Wang said Cuomo, “should not be in charge of our government and should not be in any position of power over anyone else.”
Jamie White, a lawyer who represented sexual abuse victims of convicted former Team USA Gymnastics doctor Larry Nassar, said “As of right now, there haven’t been any allegations that rise to the level of criminal behavior.”
“But we are dealing with a potential civil case against Cuomo, for what I would call a classic case of sexual harassment in a place of employment creating hostile work environment,” White said.
White also noted that immunity issues could present a legal hurdle in any lawsuit against Cuomo since he’s an elected official.
“I think these women will be successful in overcoming that hurdle, but it will be a hurdle nonetheless,” White said.
Women’s rights lawyer Michelle Simpson Tuegel said the report could be used by accusers to bolster their cases — should they choose to sue.
“Victims’ attorneys want to get access to that information, because it’s evidence that can be helpful to other claims, either civil or criminal,” Tuegel said. “That they did such an in-depth investigation relates to the viability of those claims.”
Lawyer Angela Reddock-Wright said the report findings could open up the state and Cuomo personally, to liability in potential civil cases.
She added that James’ office may have chosen not to pursue a case if “they didn’t think they had enough evidence to prosecute.”
“This development is sure to place a substantial shadow over his accomplishments as governor, and the threat of lawsuits is likely to lead to his resignation,” Reddock-Wright said. “He may argue that the investigation is tainted and motivated by politics; however, with so many women coming forward against him, such an argument is unlikely to stand.”