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Cuomo Tried to Influence Witness Amid House COVID Nursing Home Probe: Report

 September 26, 2024

Former New York Gov. Andrew Cuomo is facing allegations that he attempted to improperly influence the testimony of a key aide during the House Select Subcommittee on the Coronavirus Pandemic’s investigation into his administration's handling of nursing home COVID-19 policies.

Cuomo is accused of using calls and text messages to pressure former aide Jim Malatras while the subcommittee evaluated his administration’s handling of COVID-19 in nursing homes, as the New York Post reports.

The investigation stems from the controversial March 25, 2020, "must admit" order that directed nursing homes to admit COVID-19 patients, which many critics argue led to increased fatalities among elderly residents.

As the House Select Subcommittee delved into the matter, Malatras -- who served as a close adviser to Cuomo -- reported feeling increasingly uncomfortable due to repeated communications from the former governor.

Witness Reports Feeling Pressured by Cuomo's Contacts

Malatras disclosed that Cuomo contacted him on three occasions since early 2021, notably before significant subcommittee actions. Cuomo's first contact occurred when he reached out to express remorse, saying he thought often of Malatras and was sorry for the challenges he faced. In a follow-up message, Cuomo mentioned that "the truth is being revealed" and asked Malatras how he was doing.

The former aide testified that these communications appeared intended to influence his cooperation with the House investigation. Cuomo’s contacts, particularly one on July 15, 2024, were described by Malatras as attempts to sway him before a public hearing scheduled for September.

Cuomo's Alleged Role in Nursing Home Data Report

Cuomo’s actions have drawn heightened scrutiny due to Malatras’ role in confirming that Cuomo edited a July 2020 Department of Health (DOH) report that downplayed the number of COVID-19 deaths in nursing homes. Malatras testified that Cuomo, alongside top aide Melissa DeRosa, chose to exclude out-of-facility deaths, painting a rosier picture of the administration’s handling of the pandemic.

Emails between Cuomo’s office and staff from the DOH were introduced as evidence. One, dated June 23, 2020, showed Cuomo’s edits to the report, contradicting his public statements where he denied involvement in the report’s creation.

Lawyers Allegedly Use Intimidation Tactics

The controversy extended to Cuomo’s legal representation, with accusations that his lawyer, Rita Glavin, used intimidation tactics against attorneys from the COVID panel. A memo from the subcommittee accused Glavin of trying to undermine the credibility of its legal staff, citing an instance where she allegedly reminded committee members of ethical duties in what was perceived as a threatening manner.

Cuomo’s spokesman, Rich Azzopardi, pushed back on these claims, stating that the communication between Cuomo and Malatras only occurred after Malatras testified, emphasizing that such interaction was "perfectly allowable." Azzopardi also defended Glavin, stating that her comments to the panel’s attorneys were misinterpreted and were only a reminder of professional ethical standards.

Subcommittee Investigates Possible False Statements

One of the central issues being examined is whether Cuomo’s involvement in editing the DOH report directly contradicts his sworn testimony before the subcommittee.

Cuomo has consistently denied that he played any part in crafting the document, but the subcommittee’s addendum memo notes that evidence to the contrary could suggest a false statement, opening up further legal implications for the former governor.

In January 2021, under new leadership, the DOH released revised nursing home death data that sharply increased the reported fatalities from 8,711 to 12,743, a disclosure that has fueled ongoing calls for accountability in Cuomo’s handling of the pandemic’s early days.

Further Actions Against Cuomo Under Consideration

The Select Subcommittee continues to investigate the full extent of Cuomo’s involvement and the potential efforts to obstruct the investigation. The subcommittee has already subpoenaed additional records from current New York Gov. Kathy Hochul’s administration as part of their efforts to clarify the timeline and scope of Cuomo’s actions.

"The Select Subcommittee is continuing its thorough and fact-driven investigation," read a memo from the panel. "We are evaluating all avenues at our disposal to hold former Governor Cuomo accountable."

Conclusion: Allegations of Influence Amid COVID-19 Investigation

Former New York Gov. Andrew Cuomo's handling of COVID-19 nursing home policies and subsequent efforts to influence key testimony remain under intense scrutiny.

With allegations of attempted obstruction through personal communications and involvement in altering official reports, the investigation is far from over.

As the House Select Subcommittee continues its probe, Cuomo faces the possibility of legal consequences should further evidence corroborate claims that he sought to mislead both the public and congressional investigators.