More than 160 federal and state lawmakers from both parties are calling for the resignation or impeachment of New York Governor Andrew Cuomo, who would start with the New York State Assembly.
The Assembly on Thursday began what could be the first step towards impeachment by opening an investigation with full subpoena power, as more details emerge from allegations of sexual misconduct against the governor and how he handled COVID-19 in nursing homes.
“The Democratic Conference is taking the first step towards impeachment by opening an investigation with full subpoena power to obtain facts and testimonies under oath,” Democratic Representative Ron Kim said in a statement.
“Some members, including me, argued that we had sufficient admission to proceed with impeachment today, but the conference is leaning towards establishing the process and structure for impeachment,” he said.
New York MP Ron Kim and Governor Andrew Cuomo (photo credit: nyassembly.gov / Getty Images)
Nearly 90% of the New York Congressional delegation called for the governor’s resignation or impeachment, as well as more than 80% of state senators.
If 76 of the 150 members of the Assembly called for impeachment, that would represent the majority. So far, only 40 are in favor of impeachment, while 80 want Cuomo to resign or resign.
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Only three members of the New York Congress – Reps. Hakeem Jeffries, Gregory Meeks and Tom Suozzi – were not in favor of impeachment or reanalysis.
Cuomo reiterated that he will not resign and denied accusations of sexual misconduct.
New York Attorney General Letitia James is investigating allegations of harassment, and Cuomo said he will “fully cooperate” with her investigation. The FBI and the US Attorney’s Office in Brooklyn are also investigating their government’s admission that it underreported thousands of deaths in COVID-19 nursing homes over the summer.
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James does not have the power to remove Cuomo from office, but any findings that corroborate the allegations could influence a possible impeachment process – or add pressure for Cuomo to leave voluntarily.
New York State Attorney General Letitia James answers a question at a news conference in New York. (AP Photo / Kathy Willens, Archives)
There is no deadline for the investigation to be completed and James did not say how long she expects it to take. A 2010 investigation that Cuomo oversaw as attorney general in his predecessor, Governor David Paterson, lasted about five months.
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The Assembly’s Judiciary Committee could rely on the work done by the attorney general’s team of investigators or gather its own evidence, which could result in the drafting of impeachment articles against Cuomo, although this result is far from certain.
If the majority of members of the Assembly vote for Cuomo’s impeachment, a judgment on his removal from office would be held in what is known as the Impeachment Court.
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The court consists not only of members of the state Senate, but also of judges from the state’s highest court, the Court of Appeals, who would also vote. There are seven appellate judges and 63 senators, although not all would serve in the impeachment court.
Democrats control both chambers of the legislature. Many have joined Republicans to call for Cuomo’s resignation or impeachment in recent days. Cuomo appointed all seven members of the Court of Appeals.
Governador Cuomo (Facebook Live screenshot)
If the Assembly votes for Cuomo’s impeachment, state law may force him to withdraw immediately – a dramatic difference from what happens when the President of the United States is impeached.
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A section of the state’s judicial code regarding impeachment states: “No officer should hold office after the articles of impeachment against him have been handed over to the Senate until he is acquitted.”
According to the state constitution, the vice governor would then take over.
“If the governor is impeached, absent from the state or otherwise unable to exercise the powers and duties of the governor’s office, the vice governor will act as governor until the disability ceases or until the governor’s term of office expires,” he says the constitution.
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If Cuomo were acquitted in an impeachment court, he would return to office. If the Impeachment Tribunal removed him from office, Lieutenant Governor Kathy Hochul would serve the remainder of Cuomo’s term – until the end of 2022. The court could also choose to disqualify him from the post in the future, in addition to removing him.
The Associated Press and Fox News’ Remy Numa contributed to this report.