More than 160 federal and state legislators from both parties are calling for the resignation or accusation of the New York government, Andrew Cuomo, that would begin with the state assembly in New York.
The Assembly on Thursday began the first step towards indictment when it launched an investigation with full subpoena power, as more details emerged from the allegations of sexual misconduct against the governor and his handling of COVID-19 at nursing homes.
“The Democratic Conference is taking the first step toward indictment by opening an investigation with full authority to obtain facts and testimony under oath,” Democratic MP Ron Kim said in a statement.
“Some members, including me, have argued that we had enough access to proceed with indictment today, but the conference is leaning towards establishing the process and structure for indictment,” he said.
New York MEP Ron Kim and Governor Andrew Cuomo (Photo credit: nyassembly.gov / Getty Images)
Nearly 90% of the delegation to Congress in New York appealed to the governor’s resignation or accusation, as well as more than 80% of state legislators.
If 76 of the 150 members of the Assembly ask for an indictment, it will be a majority. So far, only 40 are in favor of accusation while 80 want Cuomo to resign or step down.
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Only three New York members of Congress – representatives Hakeem Jeffries, Gregory Meeks and Tom Suozzi – did not come out in favor of accusations or resignations.
Cuomo reiterated that he would not resign and denied allegations of sexual misconduct.
New York Attorney General Letitia James is investigating allegations of harassment, and Cuomo said he would “cooperate fully” with her investigation. The FBI and the U.S. Attorney’s Office in Brooklyn are also investigating the recognition by its administration that it underreported thousands of COVID-19 deaths in the nursing home during the summer.
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James does not have the power to remove Cuomo from office, but any findings that confirm the allegations could spark potential prosecution proceedings – or put pressure on Cuomo to leave voluntarily.
New York Attorney General Letitia James poses a question at a news conference in New York. (AP Photo / Kathy Willens, file)
There is no deadline to complete the investigation, and James did not say how long she expects it to last. An investigation in 2010 that Cuomo, as attorney general, oversaw his predecessor, Governor David Paterson, lasted about five months.
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The Judicial Committee of the Assembly may rely on work done by the Attorney General’s team of investigators, or gather its own evidence, which may lead to the drafting of articles of indictment against Cuomo, although the outcome is far from certain. .
If a majority of the members of the Assembly vote to indict Cuomo, a hearing on the dismissal from office will be held in the indictment court.
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The court consists not only of members of the Senate, but also judges of the highest court of the state, the Court of Appeal, which would also cast votes. There are seven judges of the Court of Appeal and 63 senators, but not all will serve in the Court of Appeal.
Democrats control both chambers of the legislature. Many have joined Republicans in the past few days asking for Cuomo’s resignation or accusation. Cuomo has appointed all seven members of the Court of Appeal.
Governor Cuomo (Facebook Live Screenshot)
If the Assembly votes to accuse Cuomo, state law could force him to act immediately – a dramatic difference from what happens when the US president is charged.
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A portion of the state’s law regarding indictment reads: ‘No officer may exercise his office after articles of indictment against him have been delivered to the Senate until he is acquitted. ‘
According to the state constitution, the lieutenant governor would then take over.
“In the event that the governor is charged, absent from the state or otherwise unable to perform the powers and duties of the office of governor, the lieutenant governor shall act as governor until the incapacity ceases or until the term of office of the governor. governor expires, ”reads the constitution.
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If Cuomo were to be acquitted in an indictment court, he would return to office. If the court were to remove him from office, Lieutenant Government Kathy Hochul would serve the rest of Cuomo’s term – by the end of 2022. The court could also decide to qualify him for the future, on top of that. remove him.
Associated Press and Remy Numa of Fox News contributed to this report.