House Oversight Committee Chairman James Comer (R-Ky.) has once again called on the Department of Justice (DOJ) to pursue criminal charges against former Democrat New York Governor Andrew Cuomo, accusing him of lying to Congress about his administration’s handling of the COVID-19 pandemic and the resulting deaths in nursing homes.
National Review reports that Comer sent a renewed referral to U.S. Attorney General Pam Bondi, after former Attorney General Merrick Garland opted not to act on the initial request submitted in October. In a letter sent Monday, Comer claimed the Biden administration “ignored” the referral, despite what he described as strong evidence of Cuomo’s misleading statements. Whether Bondi will choose to pursue the charges remains uncertain.
The referral alleges that Cuomo played a role in helping to draft and review a July 2020 report from the New York State Department of Health. That report allegedly underreported nursing home fatalities by 46 percent. Despite testimony and documents from other witnesses suggesting his involvement, Cuomo told Congress he had no part in either drafting or reviewing the report — a claim the House Select Subcommittee on the Coronavirus Pandemic contends is false.
“Andrew Cuomo is a man with a history of corruption and deceit, now caught red-handed lying to Congress during the Select Subcommittee’s investigation into the COVID-19 nursing home tragedy in New York,” Comer said. “This wasn’t a slip-up — it was a calculated cover-up by a man seeking to shield himself from responsibility for the devastating loss of life in New York’s nursing homes.”
The referral further accuses Cuomo of misleading Congress when he denied having discussions about the report being peer-reviewed or knowledge of any external reviews outside of New York’s health department. These claims were contradicted by findings in the committee’s 107-page document.
“Let’s be clear: lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law,” Comer stated. “The House Oversight Committee is prepared to fully cooperate with the Justice Department’s investigation into Andrew Cuomo’s actions and ensure he’s held to account.”
The original referral was signed by former Representative Brad Wenstrup (R-Ohio), who chaired the House Select Subcommittee on the Coronavirus Pandemic at the time. Wenstrup now serves on former President Donald Trump’s Intelligence Advisory Board.
Cuomo’s controversial “must admit” order, which allowed over 9,000 recovering COVID-19 patients to be placed back into nursing homes, was intended to ease the burden on hospitals early in the pandemic. Critics, however, say it placed vulnerable seniors at greater risk.
At the time, a state-issued report concluded that the surge in nursing home deaths was primarily caused by infected staff, not the directive issued by Cuomo’s administration.
Cuomo resigned from office in August 2021 following both the nursing home controversy and sexual harassment allegations. He is now attempting to return to politics, launching a campaign for New York City mayor.
This renewed request from Comer coincides with Cuomo’s bid to challenge current mayor Eric Adams, who is running for reelection as an independent while Cuomo seeks the Democratic nomination.
Responding to the committee’s latest move, Cuomo spokesperson Rich Azzopardi dismissed the renewed referral, saying it “is nothing more than a meritless press release that was nonsense last year and is even more so now.” He added that any effort by Trump’s DOJ to prosecute Cuomo would be driven by political motives.
