The Biden DOJ refused to act after documents and testimony suggest Andrew Cuomo deliberately lied to Congress to cover up New York’s COVID-19 nursing home tragedy and dodge responsibility for the deaths of thousands
WASHINGTON—After the Biden Justice Department refused to act, today House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) resent a criminal referral to the Attorney General Pam Bondi recommending former New York Governor Andrew M. Cuomo be charged with making false statements to Congress. Evidence and witness testimony gathered suggest Mr. Cuomo knowingly and willfully made false statements to the Select Subcommittee on the Coronavirus Pandemic on numerous occasions about material aspects of New York’s COVID-19 nursing home disaster and the ensuing cover-up. The Select Subcommittee’s investigation exposed Mr. Cuomo’s deliberate, self-serving effort to dodge responsibility for the thousands of lives lost in New York’s nursing homes during the pandemic.
“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. 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. Let’s be clear: lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law. 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,” said Chairman Comer.
Overwhelming evidence uncovered by the Select Subcommittee proves that Mr. Cuomo reviewed, edited, and even drafted portions of a purportedly independent and peer-reviewed New York State Department of Health (NYSDOH) Report that was used to combat criticism of his Administration’s pandemic-era nursing home policies. This Report low-balled nursing home fatalities and blamed nursing home staff for causing excess COVID-19 deaths. During Mr. Cuomo’s transcribed interview in June, he testified (1) he was not involved in the review or drafting of this Report, (2) he did not have any discussions about a peer-review of the Report, and (3) he did not have any knowledge of individuals outside the NYSDOH reviewing the Report. Each of these statements are demonstrably false. In October 2024, the Select Subcommittee recommended the DOJ review the evidence laid out in a criminal referral and immediately evaluate criminal charges against Mr. Cuomo.
Read to the letter to Attorney General Pam Bondi here. The full criminal referral can be found here and an additional supporting transcript can be found here.
Review former New York Governor Andrew Cuomo’s transcribed interview transcript here.
Relevant Nursing Home Investigation Timeline:
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March 25, 2020: The Cuomo Administration recklessly directed New York nursing homes and long-term care facilities to admit COVID-positive and potentially COVID-positive patients. As a result, New York’s most vulnerable population was recklessly exposed to COVID-19.
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July 6, 2020: The NYSDOH released a Report alleging nursing home staff — not the March 25 Directive — caused excess COVID-19 deaths in nursing homes. According to witness testimony and new documents revealed in the Select Subcommittee’s referral, Mr. Cuomo personally drafted and edited portions of this purportedly independent and peer-reviewed report.
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January 28, 2021: New York State Attorney General Letitia James released an investigative report claiming, in part, that Mr. Cuomo and his team undercounted the total number of nursing home deaths by as much as 50 percent.
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May 19, 2023: The Select Subcommittee began its investigation into New York’s pandemic response and the disastrous March 25 Directive.
- As a part of this investigation, the Select Subcommittee conducted transcribed interviews with notable former New York State officials, such as Dr. Howard Zucker, Dr. Eleanor Adams, Dr. James Malatras, Mr. Gareth Rhodes, Ms. Linda Lacewell, Ms. Elizabeth Garvey, and Ms. Melissa DeRosa.
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December 1, 2023: The Select Subcommittee requested Mr. Cuomo appear for a transcribed interview.
- December 22, 2023 – March 5, 2024: The Select Subcommittee engaged in the negotiation and accommodation process with Mr. Cuomo and his legal team in an effort to secure his testimony.
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March 5, 2024: After months of unjustified and unreasonable delays, the Select Subcommittee was forced to announce a subpoena for Mr. Cuomo’s testimony.
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June 11, 2024: Mr. Cuomo appeared for a transcribed interview. During this interview, he testified that he was not involved in drafting the NYSDOH’s July 6 Report and that he did not review the Report prior to its public release. New evidence demonstrates these statements to be false.
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September 9, 2024: The Select Subcommittee released a nearly 50-page memo presenting evidence that Mr. Cuomo and his team were involved in the decision to issue New York’s disastrous March 25 Directive, and then, acted repeatedly to downplay the tragic aftermath of their decision.
- September 9, 2024: Mr. Cuomo’s attorney expressed her objections regarding the above-mentioned memo. In an effort to address those objections, the Select Subcommittee sent a series of additional questions to a former witness concerning his recent communication with Mr. Cuomo. (See September 25, 2024 for further information)
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September 10, 2024: Mr. Cuomo appeared for a hearing, at which he was held publicly accountable for his role in New York’s pandemic-era failures.
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September 10, 2024: The Select Subcommittee announced a subpoena for current New York Governor Kathy Hochul. Her administration has continued to withhold documents related to the Cuomo Administration’s nursing home disaster.
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September 25, 2024: The Select Subcommittee released evidence suggesting Mr. Cuomo attempted to inappropriately influence a witness.
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October 30, 2024: Mr. Cuomo was referred to the Justice Department for making false statements to Congress.