Cuomo’s legal picture

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Dec 18, 2024 View in browser
 
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By Nick Reisman, Emily Ngo and Jeff Coltin

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With Timmy Facciola

Andrew Cuomo speaks during a press conference.

A House subcommittee probing his handling of Covid concluded former Gov. Andrew Cuomo misled Congress. | Angela Weiss/AFP via Getty Images

Former Gov. Andrew Cuomo could start the new year with a clarified legal picture as he weighs a political comeback.

Charlotte Bennett, one of the 11 women found to have been sexually harassed by the former governor in an investigation by Attorney General Letitia James’ office, has dropped her civil suit against him and his former advisers.

A House subcommittee probing his handling of Covid concluded he misled Congress, but those cases are rarely prosecuted by the Department of Justice.

On Jan. 7, his suit against the state’s ethics commission over clawing back the proceeds from his pandemic-era memoir will be heard by New York’s highest court, the Court of Appeals, after the former governor racked up lower-court wins on the case.

In all instances, Cuomo has denied any wrongdoing.

The state has spent a combined $16.3 million on private legal representation for Cuomo and his former advisers in two sexual harassment cases, according to Comptroller Tom DiNapoli’s office.

An additional $11.7 million was spent on Cuomo and the state's legal response to multiple investigations, a catch-all pot of money for multiple investigations stemming from Cuomo-related controversies. (Cuomo’s team has said his campaign footed the bill to respond to the initial James probe and didn’t spend any money on a separate investigation by the state Assembly.)

But the collective price tag is reviving efforts to change a state law Cuomo has used to cover his lawyers’ expenses.

Queens state Sen. Mike Gianaris told Playbook he’ll make a renewed push next year for a bill that would block public dollars going to reimburse campaign accounts for legal expenses.

Legal representation for Cuomo in the Bennett case, as well as three former aides listed as co-defendants, has cost taxpayers $8.2 million.

A separate harassment lawsuit filed against Cuomo by a former member of his State Police detail (a person known publicly as “Trooper-1”) has cost the state $8.1 million.

Cuomo spokesperson Rich Azzopardi said in a statement that the former governor will try to seek “reimbursement from the plaintiffs and their attorneys.”

"We're also outraged by the costs, and in both Bennett and Trooper 1, we sought to delay the beginning of the discovery process — a labor-intensive and costly part of any suit — until after our motions to dismiss were considered, only to be opposed by both plaintiffs,” Azzopardi said. “You can't have it both ways, and this whole meritless debate was designed only to pressure a settlement from the state.”

A spokesperson for Bennett’s attorney, Debra Katz, declined to comment to Playbook. Valdi Licul, an attorney for Trooper-1, said “Cuomo has never moved to dismiss the sexual harassment claims against him,” nor has the state.

“Unfortunately, both of these defendants would rather drain millions of dollars (and counting) from taxpayers than compensate the victim here,” Licul said, referring to both Cuomo and the state of New York. “Thankfully, both will eventually have to answer to a jury.”

Still, those sympathetic to Cuomo have tried to paint the developments as positives for the former governor.

Melissa DeRosa, his former top aide, urged Gov. Kathy Hochul to not settle Bennett’s case against New York, which was filed in state court.

“There’s too much public interest in what’s happening here,” DeRosa said.

A Newsday column wondered whether Cuomo is “on his way to vindication” in the post-#MeToo era.

Anti-sexual harassment advocates do not think Cuomo should left off the hook, though.

“It’s really simple — if Andrew wants to put an end to the multiple lawsuits, he needs to admit — again — that he harassed these women, stop abusing taxpayer dollars to fund his unreasonable defense, and settle the cases already,” said Erica Vladimer, a survivors advocate with the Sexual Harassment Working Group.

Never one to let any point slide, Azzopardi said Cuomo “didn’t sexually harass anyone.”

“Since everyone is apparently on a first-name basis — Erica should stop defaming Gov. Cuomo and advocating that people are not entitled to due process under the law,” he said. “We plan on seeking legal fees from each of these false claims as cases get resolved.” — Nick Reisman

HAPPY WEDNESDAY: Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.

Programming note: New York Playbook will be off beginning Monday. We’ll be back in your inboxes on Jan. 6.

 

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WHERE’S KATHY? In Albany and New York City.

WHERE’S ERIC? Holding a round of radio and TV interviews, signing legislation and making a public safety announcement.

QUOTE OF THE DAY: “This was a frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation.” — Manhattan District Attorney Alvin Bragg, on charging Luigi Mangione with murder as an act of terrorism in the death of the UnitedHealthcare CEO, via the Associated Press.

ABOVE THE FOLD

Supporters hold posters with the image of Democratic mayoral candidate Eric Adams during a campaign event.

Mayor Eric Adams' campaign could be on the hook for more than half a million dollars in fines. | Mary Altaffer/AP

HEY, YOU’RE MISSING SOMETHING: Adams declined to address some of the most pressing questions about his 2021 campaign in a new filing, leaving local election auditors in the dark about suspected straw donations, who paid for more than 150 fundraisers and who exactly was raising contributions on behalf of the mayor, POLITICO reports.

The New York City Campaign Finance Board pores over the paperwork of every campaign to identify the inevitable bookkeeping discrepancies, missed deadlines and other infractions of campaign finance law. In May, it issued a draft audit of Adams’ 2021 election effort. On Nov. 29, the Adams campaign sent its response, which was obtained Tuesday by POLITICO through a Freedom of Information Law request.

The board will now conduct a final audit that could result in fines. And while the campaign addressed the lion’s share of the board’s queries, it left some of the most pressing issues unresolved.

In its draft audit, for instance, the board identified more than 50 possible straw donors and recommended relinquishing those contributions. But the campaign’s response made no mention of the potentially illicit donations.

Ditto for suspected bundlers as well as events that may have qualified as in-kind contributions. Adams’ campaign attorneys simply appeared to ignore them.

The campaign could be on the hook for more than half a million dollars in fines pending the board’s final audit, The New York Times reported. The actual total may be far less, though, if the board finds the campaign addressed certain issues raised in the draft audit.

It was not immediately clear when the board would publish its final audit, or whether it would do so before the June 2025 Democratic primary in which Adams plans to stand for reelection. — Joe Anuta & Jeff Coltin

 

You read POLITICO for trusted reporting. Now follow every twist of the lame duck session with Inside Congress. We track the committee meetings, hallway conversations, and leadership signals that show where crucial year-end deals are heading. Subscribe now.

 
 
CITY HALL: THE LATEST

Manhattan District Attorney Alvin Bragg holds a binder.

“We know safety concerns are real, and we’ve got a lot of work ahead of us,” Manhattan District Attorney Alvin Bragg said, “but our comprehensive approach is getting results." | Seth Wenig/AP

FIRST IN PLAYBOOK: They’re all in for Alvin. The three House members representing Manhattan — Reps. Adriano Espaillat, Jerry Nadler and Dan Goldman — are all endorsing Manhattan District Attorney Alvin Bragg for reelection as the borough’s top prosecutor.

It’s no surprise — they’re endorsing a fellow Democrat, an incumbent who doesn’t yet have a primary challenger. But it’s a show of political force for a DA who’s been a target of the right since his very first day in office — and continuing into last week when he faced criticism for his handling of the Daniel Penny case.

“We know safety concerns are real, and we’ve got a lot of work ahead of us,” Bragg said in a statement, “but our comprehensive approach is getting results.” — Jeff Coltin

ADAMS AIDES IN THE HOUSE: Deputy Mayor Maria Torres-Springer, City Hall chief of staff Camille Joseph Varlack and other aides made the rounds Tuesday in Washington to push the mayor’s federal agenda for 2025.

Their asks to Democratic and GOP lawmakers who represent the city and its surrounding regions? Support for affordable housing, federal funding for infrastructure projects like the Brooklyn-Queens Expressway and the Brooklyn Marine Terminal and a lifting of the SALT cap. They also advocated for large-scale immigration reform, which Adams has been calling for since migrants from the southern border began surging into the city two years ago.

A City Hall spokesperson cited productive conversations and common ground between Adams’ envoys and New York delegation members but declined to provide further details. — Emily Ngo

More from the city:

The mayor is expected to announce Buildings Commissioner Jimmy Oddo as the new Sanitation Commissioner. (THE CITY)

Adams has ordered an analysis to get more cops on patrol, saying they are “masters at hiding somewhere.” (NY Daily News)

What role did a single bike lane play in Ingrid Lewis-Martin's undoing? (Streetsblog)

 

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NEW FROM PLANET ALBANY

Gov. Kathy Hochul stands at a press conference on November 6, 2024

Gov. Kathy Hochul will review legislation that would protect models from exploitation and AI manipulation. | Susan Watts/Office of Governor Kathy Hochul

FIRST IN PLAYBOOK: About 200 New York models — including Christy Turlington, Alessandra Ambrosio and Helena Christensen — as well as industry advocates are sending an open letter to Hochul today urging that she sign the Fashion Workers Act, Playbook has learned.

The legislation would help protect models from exploitation, abuse and AI manipulation. But its champions are up against a Dec. 24 deadline.

“Fashion models have experienced decades of documented exploitation from the very model management companies that claim to represent them,” the letter reads, saying the Fashion Workers Act “aims to correct an enormous power imbalance between workers in the industry and their management companies.”

A Hochul spokesperson said the governor is reviewing the legislation. — Emily Ngo

A GOOD CONVO: Lt. Gov. Antonio Delgado has been less than Shermanesque about running for governor — though he’s told The New York Times he has “no intention” of running against Hochul.

That doesn’t count as a full-throated denial — or an eager endorsement of Hochul.

Still, the governor said on Tuesday she remains on good terms with Delgado when asked by Playbook about the situation.

“I just had a great conversation with him,” she said. “We’re good.” — Nick Reisman 

FIRST IN PLAYBOOK: A group composed of civil rights and faith leaders will unveil a TV ad campaign today backing a measure to limit mask-wearing in public places.

The organization, UnMaskHate, has not introduced specific legislation, though lawmakers are weighing bill language for potential introduction in the new year.

The ad is backed by a coalition of groups that include the National Urban League, the NAACP New York Conference and the Anti-Defamation League. The coalition did not disclose the dollar amount behind the ad buy, but the spot will air in markets statewide, including New York City, Nassau County, Albany, Buffalo and Westchester County — and is expected to cost six figures.

Mask-wearing by demonstrators, including those at pro-Palestinian events, came under scrutiny after a series of high-profile incidents and campus occupations. — Nick Reisman

More from Albany:

Hochul’s call to end the Electoral College was knocked by Republicans. (Times Union)

Damage from climate change could force insurers to flee New York. (City & State)

Most upstate hospitals were found to be understaffed, according to a report from a labor-aligned group. (Times Union)

KEEPING UP WITH THE DELEGATION

Yvette Clarke, middle, flanked by Robin Kelly, left, and Mike Doyle, right, holds a news conference.

Rep. Yvette Clarke was one of several New York House Democrats who signed the letter to the White House. | J. Scott Applewhite/AP Photo

PRESSURE ON BIDEN: “It’s now or never,” Rep. Yvette Clarke told Playbook as she joined Black immigrant community leaders Tuesday in a call for President Joe Biden to strengthen immigrant protections before he leaves office.

Clarke and several New York House Democrats were among three dozen lawmakers who sent a letter to the White House asking for the extension and redesignation of Temporary Protected Status, or TPS, for currently designated African countries, among other measures.

“There’s not been the type of full-throated commitment to TPS, to DACA recipients, to those who are really challenged right now, in-between status, from Donald Trump or his administration,” said Clarke, the incoming chair of the Congressional Black Caucus. “What we have heard is about mass deportation. ... It sends chills down the spines of people of goodwill and good conscience.”

Spokespeople for the White House did not immediately respond to a request for comment. — Emily Ngo

More from Congress:

Generational change meets its limits with Rep. Gerry Connolly’s win over Rep. Alexandria Ocasio-Cortez as the top Oversight Committee Democrat. (POLITICO)

A 2024 changemaker: Nominee for U.S. ambassador to the United Nations Rep. Elise Stefanik. (The Hill)

Sen. Chuck Schumer is planning legislation to help local governments address drones. (LoHud)

 

POLITICO Pro's unique analysis combines exclusive transition intelligence and data visualization to help you understand not just what's changing, but why it matters for your organization. Explore how POLITICO Pro will make a difference for you.

 
 
NEW YORK STATE OF MIND

The MTA is finally moving to overhaul the Queens bus network that largely runs along defunct trolley routes and has hardly changed since the 1950s. (Gothamist)

Alcohol delivery workers, allegedly stiffed on tips, will share a $4 million payout. (Gothamist)

The accused Gilgo Beach serial killer is charged with murder in a seventh homicide. (Newsday)

 

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Read the full story to see how gig work earnings are reshaping NYC’s labor landscape. Learn More.

 
SOCIAL DATA

Edited by Daniel Lippman

SPOTTED at the Semafor holiday party on Tuesday night at their Tribeca office: Justin Smith, Ben Smith, Gina Chua, Max Tani, Andrew Ross Sorkin, Cesar Conde, Brian Stelter, Dafna Linzer, Chris Licht, Kris Coratti, Rachel Adler, Katie Drummond, Lydia Polgreen, Risa Heller, Peter Lattman, TJ Ducklo, Ben Chang, Molly Jong-Fast, Katie Robertson, Andy Mills, Mike Barbaro, Mike Pesca, Nate Evans and Millie Tran.

MAKING MOVES – FIRST IN PLAYBOOK: Cristóbal J. Alex has been elected the new board chair of Latino Victory. Alex is the founding president of Latino Victory and was White House deputy cabinet secretary under President Joe Biden. Veteran political strategist Luis A. Miranda Jr. is the outgoing board chair. Additionally, Latino Victory’s executive director Katharine Pichardo-Erskine will be its new president and CEO.

— Government accountability group Citizens Union has voted to elect John Avlon as board chair, fresh off his losing House campaign. Avlon has been on the board for 20 years, and was a CNN political analyst before running for office. Attorney Randy Mastro resigned as chair but will remain on the Citizens Union board.

Elizabeth Goldstein, who has been president of the Municipal Art Society of New York since 2017, is retiring at the end of the month. Keri Butler, vice president for planning and policy at MAS, will serve as interim president. … Don Goodson will become executive director of the Institute for Policy Integrity at New York University School of Law. Goodson, who has led projects on carbon markets and climate-related financial risk, is currently the institute’s deputy director. … Boies Schiller Flexner has elected two New York litigators, Valecia Battle and Sabina Mariella, to the partnership, effective Jan. 1.

HAPPY BIRTHDAY: AFT’s Randi Weingarten … state Sen. Robert Jackson … Political Personality Skye Ostreicher … Brookings’ Cecilia Rouse … WSJ’s Jeanne Cummings and Andrew Restuccia … CNN’s Rachel Streitfeld, Ali Main and Lisa Respers France … WilmerHale’s Alyssa DaCunhaFrank ColemanNate Willard(WAS TUESDAY): Richard Plepler ... Emily Jane Fox ... Peter L. Harris ... Elisheva Jofen ... Julia Sobel

Missed Tuesday’s New York Playbook PM? We forgive you. Read it here.

 

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