Why Cuomo Has a Lot to Worry About in the Federal Probe Over His Nursing Home Scandal

AP Photo/Evan Vucci

We’ve finally seen the tide turning in the nursing home scandal of Gov. Andrew Cuomo. We’re finally seeing not only the media beyond us, conservative media and the New York papers reporting on it because of his aide’s admission about not turning over information to the Democratic legislators out of fear of federal prosecution and because of Cuomo’s alleged threats against a Democratic state legislator who was raising questions.


It’s a political scandal of breathtaking proportions, with thousands dead after Cuomo ordered nursing homes to take positive Wuhan coronavirus patients, then tried funny business with the numbers by changing the way “nursing home deaths” were being counted to not count the people who died in the hospital. Then the numbers came out that they were likely twice as many related deaths, or 15,000, as opposed to the numbers the state had previously alleged.

But it’s not just a political scandal. As we previously reported, the FBI and the DOJ are now looking into it and legal experts are saying that there could be potential federal crimes involved.

John B. Daukas, who served as acting U.S. attorney general for the Justice Department’s Civil Rights Division, wrote a piece for the Wall Street Journal in which he described the potential criminal exposure. Daukas pointed to the admission of the aide, Melissa De Rosa talking about how she withheld the numbers for fear that they would be used against them in a potential federal action, as not being “merely negligent, but intentional and perhaps criminal.”


Daukas said the Cuomo’s administration was accused of both making false statements to the federal government and trying to thwart an investigation.

From Fox News:

“Even if it cannot be proved that the Cuomo administration knowingly provided false information to Justice and the (Centers for Medicare and Medicaid Services), New York’s willful failure to provide information may itself constitute a criminal offense—particularly if the intent was to thwart a federal investigation—which, after all, is exactly what Ms. DeRosa reportedly said the administration did,” Daukas wrote.

Fox News legal analyst Gregg Jarrett also pointed to DeRosa’s admission to lawmakers and said that could be considered obstruction. Jarrett noted, if a government official falsifies or hides evidence to avoid triggering an investigation (or acts out of fear that such a probe may occur), the federal statute provides that official is still culpable under the law of obstruction.

There are also likely a lot of civil actions against Cuomo and the city lining up with all this information now coming out on Cuomo’s actions.

Despite the fact that more than 46,000 people had died in New York state under Cuomo and this scandal has been going on for a year, media mostly ignored it, pumping Cuomo up as a Democratic hero before the election as the person who was doing things “right.” He was lauded on CNN in interviews with his brother, a blatant conflict of interest that they didn’t give a darn about. He even wrote a book about his “success” and “leadership.” He was awarded an Emmy for his daily briefings. Even Joe Biden called Cuomo the “gold standard” of how to approach the virus, a term his team is now refusing to comment on as they refuse to condemn Cuomo in any way.



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