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Evidence Suggests Andrew Cuomo knowingly and willfully made false statements to Congress about his COVID-19 nursing home disaster

WASHINGTON – Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-Ohio) sent a criminal referral to the Department of Justice (DOJ) recommending former New York Governor Andrew M. Cuomo be charged with making false statements to Congress. In an apparent effort to shield himself from accountability, evidence suggests Mr. Cuomo knowingly and willfully made false statements to the Select Subcommittee on numerous occasions about material aspects of New York’s COVID-19 nursing home disaster and the ensuing cover-up.

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 was used to combat criticism of his Administration’s pandemic-era nursing home policies. This Report low-balled nursing home fatalities and blamed nursing home staff for causing excess COVID-19 deaths. During Mr. Cuomo’s transcribed interview in June, he testified (1) he was not involved in the review or drafting of this Report, (2) he did not have any discussions about a peer-review of the Report, and (3) he did not have any knowledge of individuals outside the NYSDOH reviewing the Report. Each of these statements are demonstrably false. The Select Subcommittee recommends the DOJ review the evidence laid out in the criminal referral and immediately evaluate criminal charges against Mr. Cuomo.

“Andrew Cuomo repeatedly lied to Congress, and he must be held accountable to the fullest extent of the law. Both witness testimony and new documents serve as evidence that the former Governor made false statements to the Select Subcommittee during our COVID-19 nursing home investigation. This deliberate and self-serving attempt to avoid accountability for the thousands of lives lost in New York nursing homes during the pandemic will not stand. If his prior criminal activity is any reflection, Andrew Cuomo is not a man of principle, and his willingness to lie to the Select Subcommittee is unfortunately a continuance of this behavior. Plain and simple, making false statements to Congress is a federal crime. We look forward to cooperating fully with the Justice Department’s investigation into Andrew Cuomo’s wrongdoings,” said Chairman Wenstrup.

Read the full criminal referral here and an additional supporting transcript here.

Review former New York Governor Andrew Cuomo’s transcribed interview transcript here.

Relevant Nursing Home Investigation Timeline:

• March 25, 2020: The Cuomo Administration recklessly directed New York nursing homes and long-term care facilities to admit COVID-positive and potentially COVID-positive patients. As a result, New York’s most vulnerable population was recklessly exposed to COVID-19.

• July 6, 2020: The NYSDOH released a Report alleging nursing home staff — not the March 25 Directive — caused excess COVID-19 deaths in nursing homes. According to witness testimony and new documents revealed in the Select Subcommittee’s referral, Mr. Cuomo personally drafted and edited portions of this purportedly independent and peer-reviewed report.

• January 28, 2021: New York State Attorney General Letitia James released an investigative report claiming, in part, that Mr. Cuomo and his team undercounted the total number of nursing home deaths by as much as 50 percent.

• May 19, 2023: The Select Subcommittee began its investigation into New York’s pandemic response and the disastrous March 25 Directive.
  • As a part of this investigation, the Select Subcommittee conducted transcribed interviews with notable former New York State officials, such as Dr. Howard Zucker, Dr. Eleanor Adams, Dr. James Malatras, Mr. Gareth Rhodes, Ms. Linda Lacewell, Ms. Elizabeth Garvey, and Ms. Melissa DeRosa.

• December 1, 2023: The Select Subcommittee requested Mr. Cuomo appear for a transcribed interview.

• December 22, 2023 – March 5, 2024: The Select Subcommittee engaged in the negotiation and accommodation process with Mr. Cuomo and his legal team in an effort to secure his testimony.

• March 5, 2024: After months of unjustified and unreasonable delays, the Select Subcommittee was forced to announce a subpoena for Mr. Cuomo’s testimony.

• June 11, 2024: Mr. Cuomo appeared for a transcribed interview. During this interview, he testified that he was not involved in drafting the NYSDOH’s July 6 Report and that he did not review the Report prior to its public release. New evidence demonstrates these statements to be false.

• September 9, 2024: The Select Subcommittee released a nearly 50-page memo presenting evidence that Mr. Cuomo and his team were involved in the decision to issue New York’s disastrous March 25 Directive, and then, acted repeatedly to downplay the tragic aftermath of their decision.

• September 9, 2024: Mr. Cuomo’s attorney expressed her objections regarding the above-mentioned memo. In an effort to address those objections, the Select Subcommittee sent a series of additional questions to a former witness concerning his recent communication with Mr. Cuomo. (See September 25, 2024 for further information)

• September 10, 2024: Mr. Cuomo appeared for a hearing, at which he was held publicly accountable for his role in New York’s pandemic-era failures.

• September 10, 2024: The Select Subcommittee announced a subpoena for current New York Governor Kathy Hochul. Her administration has continued to withhold documents related to the Cuomo Administration’s nursing home disaster.

• September 25, 2024: The Select Subcommittee released evidence suggesting Mr. Cuomo attempted to inappropriately influence a witness.

• October 30, 2024: Mr. Cuomo was referred to the Justice Department for making false statements to Congress.

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