New York lawmakers are preparing an impeachment investigation for Governor Andrew Cuomo, but if they vote to hold a trial, the outcome will be determined in part by the seven judges at the state Court of Appeals – all appointed by Cuomo himself.
Unlike federal impeachment trials, where only the Senate votes on the verdict, New York’s impeachment trials add judges from the Court of Appeals to the mix.
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“The impeachment court will consist of the president of the senate, the senators, or most of them, and the judges of the appeals court, or most of them,” says the state constitution.
These judges at the Court of Appeals are Rowan Wilson, Jenny Rivera, Leslie Stein, Eugene Fahey, Michael Garcia, Paul Feinman and Chief Judge Janet DiFiore. All of them were nominated by Cuomo between the years 2013 and 2017.
“They are mostly liberals,” ex-Republican leader of the State Assembly, John Faso, told Newsmax. “Very liberal. And they are all Democrats, except one.”
Governor Andrew Cuomo speaks during a visit to a new COVID-19 vaccination site, Monday, March 15, 2021, at State University of New York in Old Westbury, NY
(AP Photo / Mark Lennihan, Pool)
The New York constitution notes that before an impeachment trial, judges and senators in the impeachment court must “take a true and impartial oath or statement to judge the impeachment according to the evidence”.
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The seven judges could be instrumental in determining the outcome of a possible impeachment trial, as they would represent 10% of the 70-person impeachment court, joining the 63 state senators.
Senate majority leader Andrew Stewart-Cousins told reporters that although she believes there is a majority that supports Cuomo’s resignation, she has not investigated how her colleagues feel about the impeachment.
President Biden opined on Cuomo’s controversies on Tuesday, saying the governor should resign if an investigation into the sexual harassment charges against Cuomo finds the allegations to be true.
“I think he will probably end up being sued, too,” said Biden.
New York State Assembly spokesman Carl Heastie said the impeachment investigation will be “very broad”, potentially going beyond allegations of sexual harassment and the scandal surrounding deaths in nursing homes during the pandemic. coronavirus.
The Assembly’s Judiciary Committee investigation could potentially examine the project to replace the Tappan Zee bridge. An investigation by the Albany Times Union revealed that building a new bridge named for Cuomo’s father, former Governor Mario Cuomo, has problems “structural security” and that the private construction company working on the project may have covered up problems with broken screws.
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On Wednesday morning, Heastie and the chairman of the Judiciary Committee, Charles D. Lavine, announced the hiring of one of the best-rated law firms in the country, Davis Polk & Wardwell, to assist in the investigation of impeachment.
“Since Thursday, President Lavine has led a vigorous search for a first-rate company to assist in the investigation. I have the greatest faith that Mr Lavine and our Judiciary Committee will conduct a full and fair investigation,” said Heastie in a statement. “The hiring of Davis Polk will give the Committee the experience, independence and resources necessary to deal with this important investigation in a complete and quick manner.”
Fox News’s Brittany De Lea contributed to this report.