Former New York Governor and current New York City mayoral candidate Andrew Cuomo has been referred to the Department of Justice (DOJ) for criminal prosecution, facing accusations of making false statements to Congress regarding his administration’s handling of COVID-19 nursing home deaths.
House Oversight Committee Chairman James Comer (R-KY) and Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-Ohio) have both independently submitted criminal referrals.
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Comer’s referral, made public on Monday, alleges Cuomo “knowingly and willfully made false statements to Congress” about his involvement in a state government report that significantly undercounted nursing home deaths during the pandemic. This action follows a prior referral from Wenstrup in October 2024, which also accused Cuomo of misleading the House Select Subcommittee.
Wenstrup’s October referral detailed evidence suggesting Cuomo “knowingly and willfully made false statements” on multiple occasions to shield himself from accountability for New York’s COVID-19 nursing home disaster and the subsequent cover-up. According to Wenstrup, “Overwhelming evidence uncovered by the Select Subcommittee proves that Mr. Cuomo reviewed, edited, and even drafted portions of a purportedly independent and peer-reviewed New York State Department of Health (NYSDOH) Report” that downplayed nursing home fatalities and blamed staff for excess deaths.
During his transcribed interview in June 2024, Cuomo testified that he was not involved in reviewing or drafting the NYSDOH report, did not discuss a peer review, and had no knowledge of external reviews. Wenstrup asserted that these statements were “demonstrably false.”
“Andrew Cuomo repeatedly lied to Congress, and he must be held accountable to the fullest extent of the law,” Wenstrup stated. “Plain and simple, making false statements to Congress is a federal crime.”
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The controversy stems from Cuomo’s March 2020 directive, which mandated that nursing homes admit COVID-19 positive patients. The NYSDOH’s subsequent July 2020 report, which Cuomo allegedly influenced, attempted to shift blame to nursing home staff. In January 2021, New York State Attorney General Letitia James released a report indicating that Cuomo’s administration undercounted nursing home deaths by as much as 50%.
The Select Subcommittee’s investigation, initiated in May 2023, involved transcribed interviews with former New York State officials. Cuomo appeared for a transcribed interview in June 2024, and a public hearing in September 2024, during which his testimony was scrutinized. The subcommittee also subpoenaed current New York Governor Kathy Hochul for documents related to the Cuomo administration’s policies.
As a frontrunner in the Democratic mayoral primary, Cuomo faces criticism from fellow candidate New York State Sen. Jessica Ramos, who suggested that Cuomo’s testimony might reflect cognitive decline. “I don’t think the City of New York can afford a Joe Biden moment,” Ramos told the New York Post. “Even when he went before Congress, he just can’t remember details about what he did.”
Cuomo resigned from the governorship in August 2021 following sexual harassment allegations and a report by Attorney General Letitia James. He has denied any wrongdoing in those allegations. The DOJ has not yet commented on whether it will pursue the referrals from the House Oversight Committee and the Select Subcommittee.
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