House Panel Refers Former Gov. Andrew Cuomo For Possible Prosecution Over Nursing Home Deaths

A House subcommittee is set to refer former New York Gov. Andrew Cuomo to the Justice Department, recommending potential prosecution over alleged false statements to Congress about his role in the state’s COVID-19 nursing home death report. The House Select Subcommittee on the Coronavirus Pandemic, led by Rep. Brad Wenstrup (R-OH), claims that Cuomo orchestrated a “conscious, calculated effort” to evade accountability for thousands of nursing home deaths that occurred during the early days of the pandemic.

According to The New York Times, the subcommittee’s referral letter accuses Cuomo of misleading Congress during closed-door testimony where he denied involvement in drafting a report from the New York State Department of Health. However, evidence—including emails and congressional records—suggests that Cuomo not only reviewed the report but also contributed to early drafts. The letter, signed solely by Rep. Wenstrup, did not receive endorsement from Rep. Raul Ruiz (D-CA), the subcommittee’s ranking Democrat.

Cuomo’s response came swiftly, as his legal team sent a letter to the Justice Department on Wednesday night. Cuomo’s attorney, Sarah A. Sulkowski, accused the subcommittee of partisanship, suggesting the investigation was coordinated with Fox News personality Janice Dean, a vocal critic of Cuomo’s pandemic policies. Sulkowski called the inquiry a “misuse of government resources.”

Controversy has surrounded Cuomo’s pandemic response, particularly his March 2020 directive requiring nursing homes to admit COVID-19-positive patients. Critics argue this policy contributed to thousands of deaths among elderly residents. New York Attorney General Letitia James’ 2021 report revealed that over 4,000 residents died following the order, including many in facilities previously unaffected by COVID-19.

The investigation also revisits Cuomo’s June 2020 congressional testimony, during which he denied allegations that his administration underreported nursing home deaths by altering classification methods. These allegations were first raised by a Daily Caller News Foundation investigation in 2020.

Cuomo’s possible return to politics, including a potential run for New York City mayor, may be complicated by this referral. Current New York City Mayor Eric Adams faces his own legal issues amid a federal bribery probe, and Cuomo’s recent scrutiny may affect his decision to re-enter the political arena.