NEW YORK — Gov. Andrew Cuomo and state Attorney General Letitia James took steps toward creating an independent investigation of sexual harassment allegations against the governor, as pressure mounted from sources, including the White House.
But the matter of giving the investigator subpoena power remained up in the air as Cuomo said he’d ask James and Chief Judge of the Court of Appeals Janet DiFiore to appoint an investigator.
James issued a statement Sunday asking Cuomo to make a formal referral to create an investigation, adding “that must include subpoena power.”
“Allegations of sexual harassment should always be taken seriously,” the attorney general said in a statement. “I stand ready to oversee that investigation and make any appointments necessary.”
A Cuomo lawyer said the governor would ask for a probe, but appeared to stop short of making a formal referral and made no mention of subpoena power.
“We will leave all decisions concerning the investigation to be made in the discretion of the independent counsel selected by the Attorney General and Chief Judge,” Cuomo lawyer and senior adviser Beth Garvey said in a follow-up statement.
Cuomo had previously selected former Federal Judge Barbara Jones to conduct a probe of his own conduct, but was criticized because of ties between her and his administration — Jones used to work for the Zuckerman Spaeder law firm alongside Steven Cohen, a prominent Cuomo insider.
A group of Assemblywomen rejected Cuomo’s latest proposal as inadequate.
“There is a need for an independent investigation into the recent sexual harassment allegations with unfettered authority to issue subpoenas, to seek the production of documents and to bring whatever charges are warranted,” stated 25 lawmakers including Assemblywomen Carmen De La Rosa, D-Manhattan, Yuh-Line Niou, D-Manhattan, Linda Rosenthal, D-Manhattan, and Phara Souffrant Forrest, D-Brooklyn.
“The governor’s proposal to appoint someone who is not independently elected, has no subpoena authority and no prosecutorial authority is inadequate,” they added.
Sunday’s moves came after the White House joined calls for an independent investigation of the bombshell allegations.
“There should be an independent review looking into these allegations, and that’s certainly something he supports and we believe should move forward as quickly as possible,” White House Press Secretary Jen Psaki said Sunday of President Joe Biden’s stance.
The comments came after a report Saturday detailing allegations of sexual harassment against Cuomo from a second former aide.
Charlotte Bennett told the New York Times the governor had asked her questions about her sex life, whether she “had ever been with an older man” and made her feel “horribly uncomfortable and scared.”
Lindsey Boylan, another former Cuomo aide, last week wrote that the governor would often touch her inappropriately, make her uncomfortable at work and once kissed her on the lips without her consent.
“They should be able to tell their story,” Psaki told CNN, calling the allegations “serious.”
“It was hard to read that story, as a woman,” she added.
The governor has denied claims from both women.
In recent weeks, the governor has faced significant criticism from state Republicans, and an increasing number of Democrats, for these harassment allegations and for his administration’s handling of COVID-related deaths in state nursing homes, which may have been underreported by nearly half.
Federal investigators have started a probe into the administration’s handling of nursing homes. State Democrats, who hold a supermajority in both houses of the Legislature, have begun efforts in earnest to remove or significantly curtail the emergency executive powers afforded to Gov. Cuomo during the COVID-19 pandemic.
A number of state officials have begun calling for the governor’s resignation, including state Sen. Dan G. Stec, R-Glens Falls, and Rep. Elise M. Stefanik, R-Schuylerville.
Sen. Stec issued a statement Sunday decrying the governor for his alleged sexual harassment and his handling of the state’s nursing homes during the pandemic.
“Three things need to happen this week: take the governor’s emergency powers away, issue subpoenas to put people under oath who were involved in the nursing home cover-up and an independent investigator should be named,” Sen. Stec said. “Or, Cuomo should resign because he can’t lead.”
The push for the governor’s resignation extends to the Republican leadership in the state Senate, with Senate Minority Leader Sen. Robert G. Ortt, R-North Tonawanda, and across the aisle with well-known progressive state Sen. Alessandra R. Biaggi, D-Bronx. Sen. Biaggi called the governor “a monster” on Twitter as she called for him to step down.
Rep. Stefanik has been calling for the governor to resign for weeks — since his office was first shown to have underreported nursing home COVID-19 deaths. She reiterated her call for his resignation after Ms. Bennet’s allegations were made public Saturday.
Other state officials, including Assembly Minority Leader William A. Barclay, R-Pulaski, have reiterated their calls for an independent investigation.
Times staff writer Alex Gault contributed to this report.