Cuomo apologizes for his behavior but says he won't resign

ALBANY — Facing calls to resign, Gov. Andrew M. Cuomo on Wednesday made his first public appearance since three women accused him of sexual harassment, said he would not resign and asked the "people of this state to await the attorney general's [investigation] before forming an opinion."

"I now understand I acted in a way that made some people feel uncomfortable and it was unintentional, and I truly and deeply apologize," the governor said. Using the word "sorry" multiple times, he said he never touched anyone inappropriately and said he was unaware his behavior made anyone feel uncomfortable.

"I'm not going to resign," Cuomo said later in his first briefing in a week. "I work for the people of the State of New York. They elected me and I'm going to serve."

He added: "To New Yorkers, I'm saying I'm embarrassed."

At issue are allegations by two former aides that Cuomo, a Democrat in his 11th year in office, made unwanted advances that they viewed as sexual overtures — including an incident that allegedly resulted in an unwanted kiss. A third young woman, who didn't work for the administration, said Cuomo, 63, touched her bare back, took her face in his hands and tried to kiss her at a wedding — the wedding of a top Cuomo aide who left a high-level post on the governor's pandemic task force just after the woman came forward.

The governor's remarks failed to win over the attorney representing one of the former aides or other Democrats who have called for his resignation.

"The governor’s press conference was full of falsehoods and inaccurate information, and New Yorkers deserve better," said Debra S. Katz, the lawyer representing Charlotte Bennett, in a statement.

SEE PHOTOSPhotos: Andrew Cuomo through the years

"The governor repeatedly said he had no idea he made anyone uncomfortable," Katz continued. "My client, Charlotte Bennett, reported his sexually harassing behavior immediately to his chief of staff and chief counsel. We are confident that they made him aware of her complaint and we fully expect that the Attorney General’s investigation will demonstrate that Cuomo administration officials failed to act on Ms. Bennett’s serious allegations or to ensure that corrective measures were taken, in violation of their legal requirements."

Newsday has reported the Cuomo administration's handling of the incident may have violated its own policies.

Sen. Alessandra Biaggi (D-Pelham), one of the first Democrats to say the governor should resign, said on Twitter: "Reminder: Apologizing does not remove the toxic behavior or harm caused by yourself or your administration … I'm upset that my governor would think that he can erase his abusive behavior by saying I'm sorry."

Later, Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) told CNN that the "apology is important" but added "there is just no place for some of the things he's apologizing for." She said she's awaiting the outcome of the investigation for now, while contending, "If the investigation shows that something inappropriate did happen, I think he would have to resign."

The harassment claims are just one major controversy facing Cuomo.

The U.S. Department of Justice is investigating the Cuomo administration's handling of COVID-19 in nursing homes. Also, legislators and former staffers increasingly are coming forward with complaints of the governor's "bullying" behavior.

Regarding the harassment claims, State Attorney General Letitia James now is overseeing an investigation, with subpoena power to compel witnesses, including the governor. The governor, under heavy pressure from fellow Democrats, granted her the authority after twice floating ideas for an investigation led by people with ties to him and without granting subpoena power.

Under state statute governing the probe, it will follow civil — not criminal — procedures, meaning it won't have a "goal of a criminal prosecution," an expert said.

On Sunday, after relenting to pressure and officially referring the case to James, the governor issued a statement saying his behavior with women "may have been insensitive" and "misinterpreted as unwanted flirtation." He said he "never made any advances" toward Bennett, the second aide to come forward. His administration denied the claim by Lindsey Boylan in which she said the governor kissed her without her consent.

Bennett, through her lawyer, quickly said the governor "refused to acknowledge or take responsibility for his predatory behavior."

On Wednesday, with his voice catching at times, Cuomo reiterated he would "fully cooperate" with the investigation.

"I now understand that I acted in a way that made people feel uncomfortable," he said. "It was unintentional and I truly and deeply apologize for it. I feel awful about it and frankly embarrassed by it and that’s not easy to say but that’s the truth."

"I never knew at the time that I was making anyone feel uncomfortable," he continued. "And I certainly never meant to offend anyone or hurt anyone or cause anyone any pain. That is the last thing I would ever want to do."

Two days earlier, Anna Ruch told the New York Times about the wedding incident. Cuomo said kissing and hugging was his "usual and customary way of greeting" and said it wasn't his intention to make her uncomfortable.

"If they were offended by it, then it was wrong," Cuomo said. "If they were offended by it, I apologize. If they were hurt by it, I apologize. If they felt pain from it, I apologize. I apologize. I did not intend it. I didn’t mean it that way, but if that’s how they felt, that’s all that matters and I apologize."

The harassment allegations are playing out against a backdrop of other major issues in Albany tied to the COVID-19 pandemic.

Lawmakers are supposed to begin negotiating soon on a state budget, which is due April 1. Also, the Senate and Assembly are poised to vote Friday on legislation that would curtail the extraordinary powers they granted Cuomo at the beginning of the pandemic.

He sought to portray the emergency powers bill as an agreement with legislative leaders — something they called flat-out false.

"We did not negotiate this bill with the governor," Assembly Speaker Carl Heastie (D-Bronx) said.

Cuomo portrayed it as an extension of his powers, saying he can extend existing directives with five days' notice to legislators in most instances.

Democratic legislators said the bill would prevent the governor from issuing any new directives and severely limit extensions of existing ones by saying proposed changes must be tied to a numeric factor, such as gradually increasing indoor seating capacity, and gives legislators a chance to respond to such proposals.

Republicans, who have been pushing for a full termination of the executive's emergency powers, called the Democrats' bill "bogus."

"Not only does this legislation extend existing executive orders for a minimum of 30 days, it grants the governor a nearly unfettered ability to continue any order for 30-day increments — the exact same authority he currently has," Sen. Alexis Weik (R-Sayville) said. "While one could argue that a bill that does anything to rein in the governor’s powers is better than doing nothing, this bill is nothing."

The governor also brushed off questions about whether he could still function effectively to craft a budget: "I'm going to the job that people in the state elected me to."

Some legislators are casting doubt on that. Sen. James Skoufis (D-Cornwall) said on Wednesday he joined those calling for Cuomo's resignation in part because: "A dark cloud hangs over our Capitol, the likes of which makes it extraordinarily difficult for the Legislature to move forward with the essential work at hand. Of equal importance, the women of this state — both current and future — demand a governor who respects them and leaders who hold him accountable when he does not."