Justice Dept. investigating former New York Gov. Cuomo over pandemic testimony, AP source says

WASHINGTON — The Justice Department has opened a criminal investigation into former New York Gov. Andrew Cuomo after congressional Republicans recommended that he be charged with lying over his handling of the COVID-19 pandemic, a person familiar with the matter said Tuesday.

The investigation by the U.S. attorney's office in Washington follows a referral from Rep. James Comer, Republican chairman of the House Committee on Oversight and Government Reform, over statements Cuomo made to lawmakers investigating his management of the pandemic when the virus was spreading through nursing homes, the person said. They spoke on the condition of anonymity because they were not authorized to publicly discuss an ongoing investigation.

The investigation plunges the Justice Department yet again into New York politics as Cuomo runs for New York City mayor. It comes just months after federal prosecutors abandoned a corruption case against New York Mayor Eric Adams — Cuomo's opponent in the mayoral race — citing a desire to free Adams up to cooperate with the Trump administration's immigration crackdown.

A spokesperson for Cuomo said Tuesday that the former governor was never informed of any such investigation.

''So why would someone leak it now? The answer is obvious: This is lawfare and election interference plain and simple — something President Trump and his top Department of Justice officials say they are against,'' Cuomo spokesperson Rich Azzopardi said in an email.

Azzopardi added, ''Governor Cuomo testified truthfully to the best of his recollection about events from four years earlier, and he offered to address any follow-up questions from the Subcommittee — but from the beginning this was all transparently political.''

The investigation was first reported Tuesday by The New York Times. The Justice Department declined Tuesday to comment. Spokespeople for the U.S. attorney's office in Washington didn't immediately respond to messages seeking comment.

The inquiry also subjects the department to claims that it is pursuing retribution against political adversaries. The new leader of the U.S. attorney's office in Washington, Jeanine Pirro, ran unsuccessfully against Cuomo for New York attorney general in 2006 and has been a harsh critic in the years since, publicly accusing him of a coverup of nursing home deaths. The Justice Department separately has launched a mortgage fraud investigation into New York Attorney General Letitia James, who sued Trump for civil fraud.

The investigation into Cuomo revisits a years-old, politically divisive question over the then-governor's handling of the COVID-19 pandemic in nursing homes. Republicans have zeroed in on a controversial directive his administration issued in March 2020 that initially barred nursing homes from refusing to accept patients just because they had had COVID-19. More than 9,000 recovering coronavirus patients were released from hospitals into nursing homes under the directive, which was rescinded amid speculation that it had accelerated outbreaks.

Comer referred Cuomo to the Justice Department for possible criminal prosecution last month, alleging that he made false statements to lawmakers during a hearing last year focused on his decision-making.

Cuomo adamantly defended himself during the hearing, blaming the earlier Trump administration for failing to provide enough testing and personal protective equipment in the early days of the pandemic. ''These are all diversions to blame New York and other states for the culpability of the federal response, which was malpractice,'' Cuomo said.

But Comer asserted that Cuomo had lied during the hearing. He cited what he said was evidence of Cuomo's direct involvement in a state report that the congressman said ''low-balled'' nursing home fatalities.