As some push for Cuomo impeachment, doubts are being raised

ALBANY — While some lawmakers want to push forward on impeaching Gov. Andrew M. Cuomo even though he’s resigning, some experts say it’s not a legal option.

Further, it’s not clear leaders in the State Legislature would want to go through the costs in time and money, and distract from the incoming Hochul administration.

Cuomo, 63, said Tuesday he would resign as New York’s 56th governor in the wake of multiple sexual harassment allegations and a fast-moving impeachment process. He resignation becomes effective Aug. 24, when Lt. Gov. Kathy Hochul, also a Democrat, would take over.

Still, the six Republican members on the State Assembly impeachment committee said Wednesday they want to continue proceedings.

Beyond the sexual harassment claims of 11 women, the panel also was investigating nursing home deaths during the pandemic, priority COVID-19 testing reportedly made available to Cuomo family members and the governor’s possible use of state personnel to write a pandemic memoir that netted him $5.1 million.

The Republicans said they are "committed to completing" the investigation.

"The people of the state of New York deserve a full, public discourse of the information obtained during our search for the truth. We intend to hold Gov. Cuomo accountable …," Republicans said in the letter. It was signed by their ranking member, Assemb. Michael Montesano (R-Glen Head), as well as Assemb. Keith Brown (R-Huntington) and four other members.

Some Democrats agree, especially those from a progressive bloc of the party that’s been very critical of Cuomo on multiple issues.

"Resignation alone does not equal accountability, so the Legislature must continue to move forward with impeachment proceedings," Sen. Alessandra Biaggi (D-Pelham) said. "We need a full reckoning of the many ways the Governor has harmed the 11 women who came forward, our state government, and our state."

Additionally, some legislators said impeaching Cuomo also give them the opportunity to bar him from ever running again for public office.

But some scholars don’t read it that way.

Leonard Cutler, a constitutional law professor at Siena College and former State Senate staffer, said that if Cuomo is gone from office, he cannot be impeached.

"Looking at the language of the state constitution, if he has effectively resigned and left office, he is not subject to impeachment," Cutler said.

If the Assembly votes to impeach Cuomo before he leaves office and then Cuomo resigns, the State Senate could argue that it still may proceed with an impeachment trial, Cutler said. But that scenario seems unlikely, given the Assembly already has said it wouldn’t likely vote until the end of August and Cuomo would be gone by then.

Unless he delays.

The Assembly impeachment committee still is scheduled to meet Monday and again on Aug. 23, committee chairman Charles Lavine (D-Glen Cove) said. He declined to comment further.

Some legislative officials say continuing proceedings could cost taxpayers hundreds of thousands of dollars even before an impeachment vote, and millions of dollars if it goes to trial. Further, a Democratic-controlled Legislature may not want to distract from Lt. Gov. Kathy Hochul, a fellow Democrat, who is poised to take the reins from Cuomo.

"The impeachment inquiry should end with the governor's resignation, when he hands in his resignation," said Jay Jacobs, state Democratic chairman, referring to the lag between Cuomo announcing his resignation and actually following through.

"Because it would then be moot and to continue would be overshadowing the new administration and that would not be good for the Democratic Party," Jacobs said.