WASHINGTON, D.C. — Former New York Governor Andrew Cuomo has been referred to the Department of Justice for criminal prosecution over allegations he knowingly made false statements to Congress regarding his role in the state’s COVID-19 nursing home crisis, House Oversight Committee Chairman James Comer announced Monday.
Chairman Comer (R-Ky.) sent the renewed criminal referral to Attorney General Pam Bondi following what he called the Biden DOJ’s refusal to act on mounting evidence and testimony.
The referral alleges Cuomo lied under oath about his involvement in drafting a July 2020 New York State Department of Health report that downplayed nursing home fatalities and blamed staff rather than policy decisions.
“This wasn’t a slip-up — it was a calculated cover-up by a man seeking to shield himself from responsibility,” Comer said. “Lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law.”
The Select Subcommittee on the Coronavirus Pandemic revealed that Cuomo personally edited and contributed to the 2020 report that claimed nursing home staff — not the state’s controversial March 25, 2020 directive — caused the spike in COVID-19 deaths. That directive had ordered nursing homes to accept COVID-positive patients, exposing vulnerable populations to the virus.
Despite Cuomo’s June 11, 2024 testimony claiming he had no role in the report’s creation and had no knowledge of external involvement, documents and witness testimony contradict his account. The Subcommittee deemed his statements to be “demonstrably false” and cited them as grounds for criminal referral.
The Subcommittee first recommended prosecution on October 30, 2024, after releasing a nearly 50-page memo detailing Cuomo’s alleged cover-up. A timeline of events dating back to 2020 outlines a pattern of concealment and obstruction by Cuomo and members of his administration.
Timeline of delays and denial
The Oversight Committee began investigating Cuomo’s pandemic response on May 19, 2023, interviewing top state officials and issuing a subpoena for Cuomo’s testimony after months of delays. Key moments included a subpoena announced March 5, 2024, and Cuomo’s eventual transcribed interview three months later.
The report Cuomo denied reviewing was released on July 6, 2020, and presented as independent and peer-reviewed. However, the Subcommittee’s findings show Cuomo reviewed and edited its contents. Additionally, New York State Attorney General Letitia James had released a separate report on January 28, 2021, estimating nursing home deaths were undercounted by up to 50 percent.
Further scrutiny came after September 25, 2024, when evidence suggested Cuomo attempted to influence a witness involved in the investigation. His appearance at a September 10, 2024 hearing further fueled accusations of misconduct, followed by a subpoena issued to current New York Governor Kathy Hochul for allegedly withholding related documents.
Key Points
- House Oversight Committee Chairman James Comer referred Andrew Cuomo to the DOJ for making false statements to Congress.
- Evidence shows Cuomo edited and reviewed a 2020 health department report he denied being involved in.
- The Subcommittee alleges Cuomo misled Congress to downplay responsibility for COVID-19 deaths in nursing homes.
The criminal referral has been officially sent to Attorney General Pam Bondi, with the House Oversight Committee stating it is ready to cooperate fully with the DOJ’s investigation.
Cuomo is now facing potential federal prosecution over what lawmakers call a “calculated” attempt to mislead Congress and rewrite the history of New York’s pandemic response.
Cuomo’s nursing home cover-up may finally face justice under the Trump DOJ.