Attorneys prepare subpoenas, secure documents in Cuomo probe

Gov. Andrew Cuomo speaks at a COVID-19 briefing in the Jacob K. Javits Convention Center in Manhattan on June 2. Courtesy of Gov. Andrew Cuomo's Office

ALBANY — The group of state-hired attorneys conducting an impeachment investigation into Gov. Andrew Cuomo has gathered thousands of relevant documents, including emails and text messages, in procuring evidence, lawmakers said Wednesday.

Attorneys with Davis Polk & Wardwell LLP, and lawmakers leading the Legislature’s impeachment probe started to update the 21-member Assembly Judiciary Committee about the latest details of the investigation in executive session Wednesday morning. The firm has obtained more than 100,000 documents including emails, texts, letter correspondences, personnel records, training materials, transcripts and more in gathering evidence in its months-long investigation, Assemblymember Charles Lavine said before the committee entered executive session.

“I am very pleased with the continued process of this investigation,” said Lavine, D-Glen Cove, who chairs the committee.

Attorneys have received multiple documents from legislative counsel, have interviewed hundreds of people and continue to take steps to secure evidence.

“The purpose of their process is to gather substantive evidence as well as to assess the credibility and corroborate information learned during these interviews,” Lavine said.

Lavine is expected to further update the public about the ongoing probe Wednesday after the committee concludes executive session.

The Assembly Judiciary Committee commenced an impeachment investigation into Cuomo in March in the wake of multiple allegations of sexual harassment and misconduct by at least nine women, a federal probe after top Executive Chamber aides allegedly underreported COVID-19 death data in congregate facilities and questions about the structural integrity of the Tappan Zee Bridge replacement named for his father, Gov. Mario Cuomo.

State Attorney General Letitia James, a Democrat, and federal prosecutors each continue to investigate allegations against the governor in separate inquiries unrelated to the Legislature’s probe.

The investigations will decipher if the governor directed or had knowledge of executive aides withholding information about the bridge’s safety concerns or personnel attempting to suppress or obstruct related investigations.

The Judiciary Committee expanded its scope in April to determine if Cuomo used state employees or resources to help publish his $5.1 million coronavirus memoir “American Crisis: Leadership Lessons from the COVID-19 Pandemic.”

The governor has repeatedly denied any wrongdoing.

Cuomo served a notice of non-retaliation March 15, mandating the governor cannot retaliate against any person who serves as a witness in the Legislature’s impeachment investigation.

Members of the public can provide relevant information to the state Assembly team conducting the impeachment investigation via a confidential hotline. Send a tip to ny.assembly.investigation@davispolk.com or call 1-212-450-3600.

Check back for more details on this developing story.

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