The late New York Gov. Mario Cuomo once famously said “I have no quarrel with people seeing me as a sinner.” Politicians can indeed survive as sinners, particularly repentant sinners. However, his son, Andrew Cuomo, the current New York governor, moved today from presumed sinner but presumed assaulter. He is facing eleven women, including a current staffer, who have accused him of extensive acts of sexual harassment and assault. Andrew Cuomo is looking at years of litigation, including depositions as not just a sinner but a virtual predator.
The most notable factual allegation was a trooper who said that Cuomo ran his hands over her body and that this assault was witnessed by another trooper. Other women gave testimony on Cuomo pressing women into relationships, creating a “toxic” environment for women, and attacking not just women but the investigators (which Attorney General Letitia James called “offensive”).
Putting aside the likelihood of impeachment proceedings, Cuomo is looking at immediate legal exposure. The most important disclosure is that a current staff member is one of the eleven alleged victims. That could be important in litigating these claims. Under federal law, the statute of limitations is three years. State periods are shorter but a current allegation can be used to incorporate other prior cases which might otherwise be barred by the statute of limitations.
Some of these allegations would constitute misdemeanor assault given allegations of Cuomo the breasts and butts of staffers. However, those offenses face the same problems of statutes of limitations even though one woman has filed a complaint with the Albany Police department. James specifically stated that her office views this matter as “closed” and the allegations as “civil” matters.
In addition to sexual harassment claims, women could bring tort actions over assault and infliction of emotional distress. There could also be claims over defamation after Cuomo effectively called from of these women liars by denying certain acts ever occurred. He has categorically denied the groping allegations despite the claim of James that it was witnessed. Once again, the viability of such actions will depend on the statute of limitations. Some of these torts could be alleged to have continued through his actions and statements in response to the controversy.
In his public response, Cuomo gave a foreshadowing of his defense as a type of serial kisser and hugger. He does not go all in with the Clintonesque “bimbo eruption” attack but he does paint accusers as politically motivated. He claims that this is a “generational” or “cultural” difference that has been weaponized by the “politics and bias” in this scandal. He even attacks the accusers as undermining real victims of sexual harassment. Cuomo quoted his father as saying “politics is an ugly business” but this is going to perfectly grotesque in the months to come.
The problem for his counsel is that Cuomo has now locked in this defense. His claim to have been engaging in his own effort form of sexual harassment therapy can be admissible. It is likely to be mocked by opposing counsel and some jurors are likely to find it repellent. Opposing counsel can now juxtapose his therapeutic claim against graphic claims of the groping of breasts and buttocks. I think that he just committed himself to a bench trial if he can get it.
The ongoing impeachment proceedings will now receive a record composed of eleven alleged victims, 179 interviews and 74,000 pieces of evidence. Notably, unlike what occurred in the truncated Trump impeachment (including the first snap impeachment in history), Cuomo will receive a thorough and complete impeachment investigation. The last governor to be impeached could not have been more different. In 1913, William “Plain Bill” Sulzer was targeted for impeachment after pushing anti-corruption measures that irritated the infamous Tammany Hall. He was impeached based allegations involving the misuse of a small amount of campaign funds.
Known as the “Poor Man’s Friend,” Sulzer had no friends in the political machine. That may now be the only similarity to Andrew Cuomo. He has more alleged victims and public allies after the James report.
Cuomo is still looking at an ongoing investigation over the alleged use of public staff and resources in writing his controversial book “American Crisis: Leadership Lessons from the Covid-19 Pandemic” – a book deal that result in a windfall payment of $4 million from Crown books.
Cuomo will now have to spend much of that $4 million in litigation that will likely continue for years.
Cuomo is facing the small possibility of a criminal charge but the overwhelming likelihood of civil lawsuits. In his 2014 book, All Things Possible: Setbacks and Success in Politics and Life, Cuomo wrote “Some have suggested that I see my return to political life as a second chance. Not really—I see it as if I had come back from the dead. And I’ve discovered that being a political Lazarus has a silver lining: When you survive your worst fears, there’s very little that can shake you.”
This report however is a roadmap for litigants and, regardless of whether he shakes or survives, Cuomo is well now spend years as a serial defendant.
In a real Democracy Cuomo would be
Getting measured for an Orange suit.
In a just world he would be getting fitted for a noose. He’s responsible for more deaths than 911.
Mr. Turley, I am new to your blog and am very dismayed by your lackadaisical attitude towards proofreading. I understand that you are busy and probably write these blogs on the fly, but some sentences are incomprehensible. Please take an extra 3-5 minutes to reread your articles before you hit post; posterity will thank you.
Professor Turley,
Max asks simply one thing:
Please be perfect,
Oh, and flawless.
Max asks two things:
Please be perfect and flawless.
Now is that too much to ask?
Max,
Please ignore cranks like George. I welcome you. It is well known that Turley makes obvious typos which could be rectified if only he would make one simple proof-reading. As an attorney, he would never write a letter or submit a court pleading so shoddily. Admittedly, he is not acting in a legal capacity on this forum; still it is curious that he does not bother to correct these obvious mistakes! Perhaps Darren (who assists Turley on this blog) would do him the favor of pointing out these typos. It’s not a lot to ask. Despite his time constraints, you would think that Turley would take a little more care out of respect for himself and us.
Prof Turley is likely just attempting to point out how sloppy people like you are with what you claim are evidence/facts/Law in hope you people will self police you’re Bull Sh*t. LOL
We can hope.
Oky1,
What you just said does not even make sense. But if you think I’m going anywhere, you’d better think again. I’m here for the duration, like it or not. This blog is not a safe zone for Trumpists. Unlike you, Turley will not ban civil Leftists. So you had just better get used to me.
Oh goody.
I don’t know but Prof T is from Chicago, has a cunning sense of humor & a commanding use language, far more then me. It could be he’s pissin down your back laughing & you think it’s raining. LOL.
Just sayin, don’t get so full of yourself.
I know what a mess it was for that boy & his family last spring when he washed out in the 1st semester of law school.
Best of luck.
Oky,
I don’t know what you are referring to in your last paragraph. Be that as it may, I don’t flatter myself that Turley notices me. I write for the benefit of his readers who may not be aware of Turley’s conflict of interest by virtue of his Fox employment. I defend Turley nearly as much as I criticize his hypocrisy. I respect the fact that he eschews Trumpism and is not a conspiracy theorist like most on this blog. I pity him that he could no longer find gainful employment with the MSM and had to resort to working for Fox. The fact that he NEVER defends Fox per se nor EVER mentions his Fox colleagues demonstrates that he observes the old adage that if you don’t have something nice to say about someone, best to keep quiet! Instead, Turley supports for Fox by only discrediting its media competitors. Of course, the MSM is NOT beyond reproach and deserving of MUCH criticism, but his unwillingness to hold Fox to the same standard of rectitude is hypocritical, and I intend to continue to point it out. He will not read it, but my comments will remain a part of the record which is important as every lawyer knows.
Says the one trick pony, AGAIN!!
Hi Paul,
I figure I can repeat my criticism of Turley’s two-facedness as often as he repeats his complaint about the censorship by Big Tech.
Hi Jeff,
Any response to my comment @ 8:51?
Dinner offer still holds.
And by the way Cuomo and family are the anti-Christ…
DC had 3 murders to 1 COVID death and now the city counsel wants to lower the police force and become a state…anybody want to move to DC anytime soon???
Women should not pander.
Most women and men, ladies and gentlemen, for their female and male Posterity, take affirmative steps to mitigate its progress. Feminists and masculinists are #MeToo #ThemToo without “burdens” for social, economic, and political profit.
My general view on sexual assault and harassment claims is that prompt reporting to authorities can prevent a lot of problems.
That said, I remember being in my 20s, and just brushing stuff off.
Whoever makes the accusation must prove. Political party doesn’t matter. In this case, if there is a witness, or any other corroborating information, then Cuomo will have a difficult time.
Hopefully the investigation will be thorough into Cuomo’s actions during Covid-19. Killing grandparents in nursing homes by forcing them to accept contagious patients released from hospitals is criminally negligent, especially when NS Navy ships stood empty, ready and willing to receive patients.
Planned parent/hood opens a progressive path and grade, a wicked solution, and people… persons are taking notice and steps to mitigate its viability.
Karen,
You may well be right that Cuomo *may be* criminally negligent. Not unlike Trump waving a rhetorical “red flag” at his crazed mob during his 1/6 rally (despite saying “peacefully” merely once just to cover his a$$).
That the Left is going after one of their own places Trumpists in a bind. On the one hand, they Pooh-Pooh Trump’s sexual assaults, but they are full-throated in their condemnation of Cuomo. On the other hand, Trumpists claim the NY AG is a political hack engaged in a witch-hunt against Trump, but they applaud her actions against the governor.
Hypocrites.
Jeff, it is not hypocrisy to judge each case on it’s own merits. It is that ” we are on the same team” mentality that is tearing this country apart. Blind obedience.. How about we admit that most have predominately altruistic motives but just disagree on how altruism should be administered? JFK basically said that decades ago. I see a pattern here. You label all
“Trumpist” with whom you disagree. But even if that would be taken by all as a pejorative, you are painting with a very broad brush. That is typical of those on the Left. Even question CRT or 1619 Project and you are certainly a racist. Doesn’t matter how you ACT is everyday life. Don’t bow down to the ” woke” mob and you must be destroyed.
Paul,
I’m not obedient to the Left. Cuomo should resign, be sued and prosecuted. An obedient Leftist would not say so. I believe no one is above the law, but Trumpists, on the other hand, will NOT accept Trump or his inner circle being prosecuted. They describe all prosecutions as witch-hunts. Turley never has and never will do so which proves he in not a Trumpist.
Altruism? What altruism? The government medical establishment has taken the Hippocratic oath, dedicated their lives to serving others, and are trying to save lives by persuading people to get vaccinated for their own good. But what does the Right say about about their motives? They have an ulterior motive to control the masses and secure their totalitarian agenda once and for all! Utter paranoia.
My definition of a Trumpist is a person who does not believe that Trump is a chronic and habitual liar. I would no sooner waste my time arguing with a Trumpist than I would a follower of ANTIFA. I don’t believe Trumpists are racists. I believe they are irrational. And you can’t argue with a person who is not rational. It is madness. I don’t hate Trumpists, nor do I want to destroy them. I want them to wise up.
Jeff ,I didn’t say you are obedient to the Left. I was pointing out the current leftist behavior of ” you are either with us or against us” as it pertains to virtually every policy. That is known as a tactic witch I see in you as you refer to Trumpists. I too do not like to argue with the irrational. Which I certainly am not accusing you of being a member of that club .Nor do I put every Democrat into that category. Only those who wish to destroy our country with socialism.
On the Hippocratic oath, I may be going out a little of my comfort level but common sense has told me from day 1 that the virus came out of a virology lab, run by the CCP, at least partially funded with U.S. tax payer dollars, where gain of function research was being done rather that the ” wet market” in the same area. But yet we were told to believe Daszak, A CCP shill, that there was no possible way it came from the lab. This while of the Chinese Government was blocking any meaningful investigation. I believe Daszak is a doctor thereby he took the oath. My guess is there are others that are also complicit.
The groups that have been shown to have the most reluctance to the vaccination, and with good reason are Blacks. They remember Tuskegee. And not the Airmen as our mentally challenged President referred to. I saw Psaki totally avoid answering the question about how N.Y.’s new mandates would disproportionately effect those of color.
This is going to be interesting if this catches on. If a Republican had instituted the same mandate that Mayor Wilhelm just did it most certainly be labeled systemic racism.
And as an Italian-American from Chicago ( like Turley) I am infuriated that Fredo’s brother tried to use the Italian culture defense.
Jeff, sorry Which, not Witch. I guess I should proof read also.
Paul,
You make some good points. I think Bush started the “you are with us or against us” mindset. It’s certainly holds true with Trumpists as Liz Cheney’s cancellation proves. Your Wuhan conspiracy theory may be true. I am content to wait for all the facts to emerge. I don’t believe in rushing to judgment. I’m a patient man.
Black low vaccination rates may be related to Tuskeegee, but there could be socio-Economic factors as well. I have not looked into the matter.
Jeff:
Are you trying to say that when Trump said for people to be peaceful, he really meant something else? And you know this because of your mind reading capability?
Cuomo specifically mandated that old age homes accept patients contagious with Covid who had been discharged from the hospital. This is on record. It’s not a matter of him saying one thing, and people wondering what he really meant. Cuomo actually did this. There is evidence that Cuomo sexually harassed women. There were witnesses, and this occurred recently enough that their recollections are still fresh. Zero people have said that Trump should sexually assault anyone. To date, no such allegations have been proven. If Trump does ever rape anyone, then he should face criminal prosecution just like anyone else.
The most accurate criticism of Trump is that holding a rally so close to the Capitol, when the election was being ratified, attended by many people who were furious that they didn’t get the investigations they asked for into election integrity, was a risk. You can tell some people, don’t commit violence. Don’t break any laws. Be peaceful. But some people won’t listen to you and will break the law anyway. That is on them.
What about Pelosi declining to add security which was requested numerous times before and during the rally? Should she be held accountable for her direct actions?
Compare with Democrats who openly excused or even called for violence.
Pelosi, “People will do what they so.” “I don’t know why there aren’t uprisings. Maybe there will be.”
Kamala Harris: “Beware, because they (the riots) will continue, and should continue.”
Remember all the threats to burn the cities down unless the Chauvin trial went as they wanted?
Remember how Biden and Harris bailed out rioters and looters? Remember how Democrat cities either failed to charge, or diverted to counseling, those who rioted and looted?
Compare and contrast with Republicans who condemned the violence and trespassing on Jan 6. They wanted them fairly, and lawfully charged. They wanted the law equally applied, but it most emphatically is not. Vote Democrat, and riot with virtual impunity.
No one “poo pooed” Trump’s “sexual assaults.” He’s bragged to a male friend about groupies allowing anything. That’s not sexual assault. A woman claims Trump tried to rape her in a dressing room at Bergdorf’s, a major department store known for customer service. She said she met Trump, volunteered to try on sexy lingerie, and allowed him into her dressing room to watch her model it. If you do that with a strange man, that sounds like a hookup. Then she said he tried to have sex with her, she shoved him away, and he left. She says she still has the dress from that day, which has the DNA of 4 different people on the sleeve. From her own description of the event, it would not have his semen. If it had DNA from skin on the sleeve, how in the world could anyone prove how it got there? How could anyone prove what happened after decades? Did she make it up? Did she invite him in to watch her change and he thought that was an invitation to hook up, leaving when she told him no? Did he try to force himself upon her, leaving when she pulled away? How can anyone hook up in a dressing room at Bergdorf’s? That’s not the kind of place that generally allows couples to go into dressing rooms together.
I find accusations from decades ago to be terribly frustrating. If an assault happens, and the woman decides not to report it, then that decision has consequences. It’s not fair to anyone involved to wait 30 or 40 years, and then bring it up. It’s usually impossible to prove what happened at that point, and the accused finds it impossible to clear their name.
Juanita Brodderick is another example. She does have witnesses that saw her upset, and witnessed her bitten lip. She has a specific date, which is corroborated by the historical record of Clinton’s event. But she did not report it. She didn’t photograph it. She continued to attend Bill Clinton’s events for a while afterward. The witnesses who saw the bite lend her some credibility, but, again, her decision not to report it at the time had consequences. It would be difficult to bring a criminal case, even if statue of limitations was not an issue.
Karen asks:
“Are you trying to say that when Trump said for people to be peaceful, he really meant something else? And you know this because of your mind reading capability?”
Unlike Trumpists who claim to know that I hate them, I don’t pretend to read minds. All I have said is that a single word does not offset a long and heated battle cry. Even Turley said that Trump’s speech was “reckless” and warranted Congressional censure notwithstanding his single use of “peacefully.”
I do not defend Cuomo. Let the chips fall where they may, though Trump has far more blood on his hands. Moreover, Cuomo has denied sexually assaulting women unlike Trump who unabashedly described how he prefers to assault women. They both are a disgrace.
Karen says:
“The most accurate criticism of Trump is that holding a rally so close to the Capitol, when the election was being ratified, attended by many people who were furious that they didn’t get the investigations they asked for into election integrity, was a risk. You can tell some people, don’t commit violence. Don’t break any laws. Be peaceful. But some people won’t listen to you and will break the law anyway. That is on them.”
Who had made the Trumpists furious? Trump. Who called for a rally so close to the Capitol? Trump. Who fed the Trumpists the Big Lie? Trump. If Trump did not want the Trumpists to riot, he could have made himself UNMISTAKABLY clear that he wanted NO violence!! He’s got a big mouth, and he knows how to use it, and a single “peacefully” is hardly sufficient to quell a mob. Trump’s fiery exhortation to “fight like Hell” was not merely “risky” as you claim; it was positively *reckless* as Turley stated. The fact that you can’t see that is indicative of your blinding Trumpism.
You say, “What about Pelosi declining to add security which was requested numerous times before and during the rally? Should she be held accountable for her direct actions?”
Absolutely. You confuse me with a Leftist. I don’t care who shares the blame. I am all-in on the 1/6 commission revealing all those responsible. Are you?
You say, “Compare with Democrats who openly excused or even called for violence.”
I get that the Trumpist narrative is that the Democrats are much worse. I don’t defend Democrats. Let me ask you a question: even if the Democrats are worse than Trumpists, do 2 wrongs make a right? Didn’t your mother educate you that the answer is “no.”? So, Democrats AND Trumpists are BOTH wrong for encouraging and/or excusing violence. Can we at least agree upon that?
You say,
“Compare and contrast with Republicans who condemned the violence and trespassing on Jan 6. They wanted them fairly, and lawfully charged. They wanted the law equally applied, but it most emphatically is not. Vote Democrat, and riot with virtual impunity. “
Karen, come on. You know me well enough that I’m not going to fall for that bs. Do I have to state here all the Trumpists who have since Pooh-poohed the violence? Do I have to remind you how McCarthy and McConnell and Graham have completely changed their tune since their vehement condemnations of Trump’s actions on 1/6? Do I?
As for the allegations of Trump’s raping, I have no opinion. I confess that I am not sufficiently knowledgeable about “hook-ups” to challenge your expertise on the matter. I’ll leave allegations of rape to the courts. I just know that I don’t go around bragging about sexually assaulting women, and I would have thought that you would not vote for a man who speaks so degradingly about women much less cheating on his wife with a porn star. I am more Conservative than you.
You say,
“I find accusations from decades ago to be terribly frustrating. If an assault happens, and the woman decides not to report it, then that decision has consequences. It’s not fair to anyone involved to wait 30 or 40 years, and then bring it up. It’s usually impossible to prove what happened at that point, and the accused finds it impossible to clear their name.”
Here we agree at last. That’s why the law has a statute of limitations as well as a doctrine in law called “laches” which prevents some causes of actions because of an undue delay in asserting a legal right or privilege. I wish all allegations of rape and assault could be removed from the court of public opinion where anything goes and settled in a court of law where there are rules of evidence and the right to cross-examine one’s accuser. Fortunately, the MeToo movement has served to, dare I say it, *awaken* men to female sovereignty over their bodies and put women on notice to speak up immediately to the authorities.
Where is the #MeToo movement in this?
Why are all those celebs not demanding his resignation?
The social justice movements are highly politically congruent. Some, Select [Women’s] Dignity Matters, a wholly sanctioned corporate ideological partner of Some, Select [Black] Lives Matter. Baby Lives Matter
Well, let’s see: US Senators Schumer, Gilibrand, NYC Mayor DeBlasio, I believe several Democratic members of the New York State assembly are already on record as calling for Governor Cuomo to resign. Biden’s press secy Jen Psaki says the Prez will make a statement later this afternoon. So we shall see how long Cuomo can tough it out. I am not sure he has many friends in the Democratic party right now, not on a sensitive issue like this. Not when so many Democratic voters are women.
It used the be tax invasion was how they finally got you. Now it’s breast touching.
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I wondered how long Turley would take to post something about these allegations.
Natacha,
Forget about Cuomo’s Pervert Adventurers against women for now, we just want to know how many old people in Nursing Homes he had whacked with his/ other Govs, response to Covid19? What 21,000 in NY.
But that number is the same as zero compare to the number Redrumed by Fauci/Bill Gates/Soros/Big Pharma.
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Yep, sexual harassment is so much worse than killing off helpless elderly in nursing homes.
20 million people in the state of NY and 9 million in NYC. Cuomo and DeBlasio are the best they could find to run their respective administrations? Is there one Democrat Governor or large city Mayor that stands out as a model for constitutional governance?
More Democrat scum sinking to the bottom of the cesspool. How is cry-baby Chrissie going to defend his pervert brother?
Cuomo now enters the Weinstein Zone. We hardly knew ye.
Cuomo. Resign now!
Cuomo. Call him Cuomo.
What kind of women talk to Cuomo?
Sooners, liatards, chicks who climb on rocks.
He needs to shut up and not look at female hawks.
And the Lefties continue their double standard about Democratic transgressions.
Attorney General Letitia James refuses to move towards a criminal indictment.
Most Dems (including Cuomo himself) have repeatedly said “believe the woman”.
Where is the media in calling for Cuomo’s resignation (compare their howling about Trump).
Very similar to the Hunter Biden situation.
Interested to see the defenses that the Lefty bloggers here will put out (“but Fox…” is not a defense).
100% agree with you
A slew of Democrats have called for Cuomo to resign and the legislature is already moving forward on impeachment.
Why do you ignore this?
The big mystery is why the AG refuses to indict the criminal committing the crimes named in her report.