Cuomo Fails to Halt Investigation Into His $5M Pandemic Book Deal
The setback occurs as the ex-governor moves closer to launching a campaign for mayor of New York City.
TroibNews 
**ALBANY, New York** — New York's highest court has affirmed the legality of the state's new ethics commission, a setback for former Governor Andrew Cuomo as he contemplates a mayoral campaign in New York City.
Cuomo had contested the commission after it began investigating his $5 million agreement to write a memoir about Covid. He had previously succeeded in two lower courts.
However, the Court of Appeals ruled in a 4-3 decision favoring the state. The judges stated that the Commission on Ethics and Lobbying in Government (COELIG) does not violate separation of powers principles and may continue its operations as intended. This ruling allows COELIG to proceed with its investigation into Cuomo, coinciding with his efforts to position himself for a potential high-profile candidacy for mayor.
An earlier ethics commission had determined that Cuomo misused state resources while authoring "American Crisis: Leadership Lessons from the Covid-19 Pandemic" in 2020, and tried to compel him to reimburse the $5.1 million he earned from that contract. As the litigation regarding that matter persisted, the commission was replaced by COELIG. Cuomo initiated his lawsuit when this new body resumed the investigation.
The ruling on Tuesday suggests that a new inquiry could take several months. If COELIG follows a similar path as its predecessor, it remains uncertain whether Cuomo would have the funds to respond. His initial payment of $3.12 million has since been allocated to taxes, expenses, a $500,000 donation to the United Way, and a $1 million trust fund for his daughters, as outlined in his final financial disclosure before leaving office.
Cuomo's legal arguments reflected those made recently by attorneys for former President Donald Trump, who challenged the actions of the White House in dismissing several inspectors general—an independent oversight group that monitors the executive branch under separation of powers principles.
The majority of judges in New York concluded that the statute establishing the commission “extends very close to the boundary of permissible legislation” but stops short of crossing it.
“The Legislature structured the Commission to address a narrow but crucial gap arising from the inherent disincentive for the Executive Branch to investigate and discipline itself, which has serious consequences for public confidence in government,” Judge Jenny Rivera articulated. “The Act does not displace the Executive Branch to accomplish that goal; instead, it confers upon an independent agency power to enforce a narrow set of laws, thus mitigating the unique danger of self-regulation. The Act addresses a threat to the legitimacy of government itself with an extraordinary response.”
Conversely, the dissenting judges highlighted a quote from former Supreme Court Justice Antonin Scalia, noting that a “separation of powers issue will often come before a court as a wolf ‘clad, so to speak, in sheep’s clothing.’”
“Wide-eyed, the majority closely examines individual parts of the statute before us … and pronounces each, in turn, not wolf,” the dissent states. “But step back—it’s not grandma; it’s a wolf.”
This decision is a win for Governor Kathy Hochul, who advocated for the establishment of COELIG following criticism that earlier commissions lacked sufficient independence from the governor. Despite some doubts about certain structural elements, such as a board of law school deans responsible for approving nominees, her push for reform has been validated.
Considering other pressing issues on her agenda, a court ruling that found Hochul had been overly aggressive in monitoring the behavior of New York politicians would likely have added to her challenges this week.
Attorney General Letitia James praised the decision.
“The public deserves to have faith in their elected officials, and that requires a strong, independent ethics watchdog,” she stated. “In New York, we value the rule of law, and my office will always work to ensure our laws are defended, no matter who attempts to sidestep or ignore them.”
On the other hand, Cuomo's spokesperson, Rich Azzopardi, expressed dissatisfaction with the ruling.
“This split ruling is a complete reversal from the unanimous opinion of six judges sitting on two levels of our court system,” he remarked. “We intend to file for reconsideration -- as is our right -- but it is disturbing that any judge of New York’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class.”
Sanya Singh contributed to this report for TROIB News
Cuomo had contested the commission after it began investigating his $5 million agreement to write a memoir about Covid. He had previously succeeded in two lower courts.
However, the Court of Appeals ruled in a 4-3 decision favoring the state. The judges stated that the Commission on Ethics and Lobbying in Government (COELIG) does not violate separation of powers principles and may continue its operations as intended. This ruling allows COELIG to proceed with its investigation into Cuomo, coinciding with his efforts to position himself for a potential high-profile candidacy for mayor.
An earlier ethics commission had determined that Cuomo misused state resources while authoring "American Crisis: Leadership Lessons from the Covid-19 Pandemic" in 2020, and tried to compel him to reimburse the $5.1 million he earned from that contract. As the litigation regarding that matter persisted, the commission was replaced by COELIG. Cuomo initiated his lawsuit when this new body resumed the investigation.
The ruling on Tuesday suggests that a new inquiry could take several months. If COELIG follows a similar path as its predecessor, it remains uncertain whether Cuomo would have the funds to respond. His initial payment of $3.12 million has since been allocated to taxes, expenses, a $500,000 donation to the United Way, and a $1 million trust fund for his daughters, as outlined in his final financial disclosure before leaving office.
Cuomo's legal arguments reflected those made recently by attorneys for former President Donald Trump, who challenged the actions of the White House in dismissing several inspectors general—an independent oversight group that monitors the executive branch under separation of powers principles.
The majority of judges in New York concluded that the statute establishing the commission “extends very close to the boundary of permissible legislation” but stops short of crossing it.
“The Legislature structured the Commission to address a narrow but crucial gap arising from the inherent disincentive for the Executive Branch to investigate and discipline itself, which has serious consequences for public confidence in government,” Judge Jenny Rivera articulated. “The Act does not displace the Executive Branch to accomplish that goal; instead, it confers upon an independent agency power to enforce a narrow set of laws, thus mitigating the unique danger of self-regulation. The Act addresses a threat to the legitimacy of government itself with an extraordinary response.”
Conversely, the dissenting judges highlighted a quote from former Supreme Court Justice Antonin Scalia, noting that a “separation of powers issue will often come before a court as a wolf ‘clad, so to speak, in sheep’s clothing.’”
“Wide-eyed, the majority closely examines individual parts of the statute before us … and pronounces each, in turn, not wolf,” the dissent states. “But step back—it’s not grandma; it’s a wolf.”
This decision is a win for Governor Kathy Hochul, who advocated for the establishment of COELIG following criticism that earlier commissions lacked sufficient independence from the governor. Despite some doubts about certain structural elements, such as a board of law school deans responsible for approving nominees, her push for reform has been validated.
Considering other pressing issues on her agenda, a court ruling that found Hochul had been overly aggressive in monitoring the behavior of New York politicians would likely have added to her challenges this week.
Attorney General Letitia James praised the decision.
“The public deserves to have faith in their elected officials, and that requires a strong, independent ethics watchdog,” she stated. “In New York, we value the rule of law, and my office will always work to ensure our laws are defended, no matter who attempts to sidestep or ignore them.”
On the other hand, Cuomo's spokesperson, Rich Azzopardi, expressed dissatisfaction with the ruling.
“This split ruling is a complete reversal from the unanimous opinion of six judges sitting on two levels of our court system,” he remarked. “We intend to file for reconsideration -- as is our right -- but it is disturbing that any judge of New York’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class.”
Sanya Singh contributed to this report for TROIB News
