Here’s how Governor Andrew Cuomo’s potential impeachment could be

Here’s how Governor Andrew Cuomo’s potential impeachment could be

by
Although Cuomo apologized for “making anyone feel uncomfortable”, the Democrat said he “never touched anyone inappropriately”. When pressed about whether he would resign, as many Democrats in New York are now asking him to do, the governor bluntly said he would not heed these calls. The impeachment investigation is taking place in parallel to the independent civil inquiry by New York Attorney General Letitia James over allegations against the governor, in which Cuomo said he will participate fully.

New York’s national and Democratic operatives believe in Cuomo’s resolution, arguing that it is highly unlikely that the governor will step down alone – making a potential impeachment the most likely place for the governor’s possible third term.

“The only way for him to leave, unless he surprises everyone and becomes a different human being, is suffering impeachment,” said an important Democratic agent, noting that Cuomo’s mentality is usually not to give up an inch when challenged.

The pressure on Cuomo comes at the same time as he is being criticized for dealing with deaths in nursing homes during the coronavirus crisis. The Cuomo government issued a controversial statement last year that banned nursing homes from refusing to admit patients solely on the basis of confirmation or suspicion of coronavirus in order to free up hospital beds. The decision may have increased the spread of the virus on the premises, according to a report released earlier this year by James. The report also found that a greater number of nursing home residents died from Covid-19 than the New York State Department of Health’s published data on nursing homes reflected.

The New York State Assembly is tasked with voting for Cuomo’s impeachment, in accordance with the New York State Constitution. The Assembly, which is made up of 150 lawmakers, needs only a majority of votes to challenge what the Constitution calls “misconduct or malpractice”.

The New York Assembly is overwhelmingly controlled by Democrats, with the party holding 106 of the 150 seats. Seventy-six votes are needed to accuse Cuomo.

“Provisions will be made by law for the dismissal for misconduct or malpractice in the office of all officers, except judges, whose powers and duties are not local or legislative and who will be elected in general elections, and also to fill the vacancies created by such destitution, “says the Constitution.

If the Assembly votes for impeachment, Lt. Governor Kathy Hochul, a Buffalo Democrat, becomes governor, depriving Cuomo of her decision-making skills. Cuomo would then go to a trial, held by the New York Senate, which would be composed of senators and judges from the appeals court, according to the state constitution. Hochul would not be part of the trial, says the Constitution.

Cuomo would need to be found guilty by two-thirds of the state Senate. Democrats hold 43 of the 63 seats in the legislative chamber.

If convicted, the penalty would be dismissal from office, the Constitution states. If Cuomo goes through the impeachment process and is acquitted, he will be governor again. He gets his position back with all the powers that come with it.

“The trial in cases of impeachment will not extend beyond the removal from office, or removal from office and disqualification to occupy and enjoy any public office of honor, trust or profit under this state; but the impeachment party will be subject to prosecution and punishment according to the law ”, says the Constitution.

The decision to start an impeachment investigation came after State Assembly President Carl Heastie met with the Assembly Majority Conference on Thursday.

“Accusation reports against the governor are serious,” said Heastie in a statement.

Even as both investigations continue, sentiment among New York’s top Democrats is turning against Cuomo.

On Thursday, more than 50 Democratic lawmakers in New York called for his resignation. And on Friday, the majority of the New York Democratic Congressional delegation asked the governor to step down, raising the total number of New York Democrats in the House, asking him to step aside to 16 of New York’s 19 Democrats.

.Source