Former New York Governor Andrew Cuomo faces federal perjury investigation for allegedly lying under oath about his role in underreporting COVID-19 nursing home deaths, a crime that carries up to five years in prison.
At a Glance
- The Department of Justice is investigating whether Andrew Cuomo committed perjury when testifying to Congress about nursing home COVID deaths
- Cuomo’s administration allegedly undercounted nursing home deaths by up to 50%, according to NY Attorney General Letitia James
- Evidence suggests Cuomo was directly involved in editing a report on nursing home deaths despite sworn testimony denying involvement
- Cuomo issued a March 2020 order requiring nursing homes to accept COVID-positive patients
- His spokesperson claims the investigation is politically motivated with timing questioned ahead of NYC’s mayoral race
Allegations of Deliberate Undercounting
The Department of Justice has opened an investigation into former New York Governor Andrew Cuomo regarding potential perjury charges stemming from his testimony about COVID-19 nursing home deaths. Cuomo is under scrutiny for allegedly lying to Congress about his role in a report that significantly understated the number of nursing home residents who died during the pandemic. The perjury allegations stem from testimony Cuomo gave to House investigators, where he claimed he did not help draft the report on nursing home deaths.
The investigation follows a Republican-led House Oversight Committee referral to the DOJ, which concluded that Cuomo lied under oath about his knowledge of the nursing home report. House investigators claim to have documented evidence of Cuomo’s direct involvement in editing the report, directly contradicting his sworn testimony. New York Attorney General Letitia James previously found that Cuomo’s administration had undercounted COVID-19 deaths in nursing homes by up to 50% – and by some estimates, up to 83%.
Controversial Nursing Home Policy
At the heart of the investigation is Cuomo’s March 2020 directive requiring nursing homes to accept COVID-positive patients discharged from hospitals. Critics argue this policy contributed to the spread of the virus among vulnerable elderly populations. When defending his actions, Cuomo attempted to shift blame to the Trump administration, claiming he was simply following CDC guidance. However, GOP representatives have disputed this characterization of federal guidance.
According to Representative Elise Stefanik (R-NY), the CDC guidance actually emphasized the “ability to place residents in a designated COVID-19 care unit that is equipped with the resources and personal protective equipment to safely prevent the spread of infections,” Former New York State Department of Health officials have testified that the report on nursing home deaths was neither independently authored nor peer-reviewed, contradicting Cuomo’s public statements about its development.
Political Motivations Questioned
Cuomo’s defenders, including current New York Governor Kathy Hochul, have characterized the investigation as politically motivated. The timing of the probe has raised eyebrows, coming as Cuomo is reportedly considering a run for New York City mayor. Critics point to the DOJ’s traditional “60-day rule” which typically discourages major prosecutorial actions close to elections that could influence voters.
Democratic Congressman Ritchie Torres has been particularly vocal, claiming “Trump is weaponizing the [DOJ] against Cuomo in the final weeks of the mayor’s race.” This sentiment is echoed by some Democrats who question the timing and motivation behind the investigation under Trump’s DOJ leadership. Comptroller Brad Lander has challenged Cuomo to publicly reject any potential presidential pardon from Trump, highlighting the political dimensions surrounding the case.
Justice for Grieving Families
For advocacy groups representing families who lost loved ones in nursing homes during the pandemic, the investigation represents a long-awaited step toward accountability. Voice for Seniors, an organization formed by families who lost relatives in nursing homes during the COVID-19 pandemic, has welcomed the probe. These families have argued for years that Cuomo’s policies directly contributed to thousands of preventable deaths.
Voice for Seniors co-founder Vivian Zayas expressed gratitude for the investigation, seeing it as vindication for families who have been seeking justice. If convicted of perjury, Cuomo could face up to five years in federal prison. The investigation represents a significant legal challenge for the former governor, who resigned from office in 2021 following sexual harassment allegations, and who now faces potential criminal charges related to his handling of the pandemic.
