NY Attorney General Leticia James makes no recommendations regarding whether or not Cuomo should be prosecuted for his activities. As reported in the New York Post, “she said that her office wouldn’t be bringing a case against Cuomo and instead left it up to local authorities and victims to bring charges or civil claims. ‘Our work has concluded,’ James said. ‘The document is now public. And the matter is, civil, in nature, and does not have any criminal consequences. It is my understanding.’…(a)n AG spokesman said that the office didn’t bring a case against Cuomo since it has an inherent conflict of interest given that a division of the office is tasked with defending the state — and Cuomo — in numerous legal matters.”
Yet are these allegations “civil in nature?” In large part, yes. Violations of 42 USC Sec 1983 and Title VII of the Civil Rights Act of 1964 do not, in general, create criminal liability.
However, under New York’s Penal Code, the governor’s “grabbing of Executive Assistant #1’s butt” would be the crime of Forcible Touching under Sec. 130.52 of the New York State Penal Law (“a person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. For the purpose of this section, forcible touching includes squeezing, grabbing and pinching.”) Further, under New York v. Darryl M., the “butt” is considered an intimate part of the body.
Fortunately for Governor Cuomo, Forcible Touching is a Class A misdemeanor. For someone of the governor’s stature, most prosecutors would rather pursue a felony charge, such as rape or felony sexual misconduct. Thus, it would seem most likely that the victims of the latest “Lov Gov” will have to be satisfied with pursuing Cuomo in civil court for money damages.
Will this scandal finally result in Cuomo’s resignation from office? Probably not. As noted by CNN, “Cuomo has insisted he did nothing wrong and made no indication in a video response that he will step down.” This despite calls from even Joe Biden that he resign.
Why doesn’t Cuomo realize, as Spitzer did, that a scandal like this affects his ability to govern? Maybe because it doesn’t necessarily have that effect.
As late as July of this year, before the Attorney General’s report was published, “a Siena College poll…found 23% of those surveyed said Cuomo should resign immediately, while 39% said he should serve out his term but not seek re-election. Another 33% said he should stay in office and run for re-election in 2022. Separately, 35% of voters said they were prepared to re-elect Cuomo if he runs, while 56% said they would prefer ‘someone else,’ up slightly from last month, the poll from the Albany-area polling institute found.”
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Of course, hedging their bet, that same operative also told CBS News that “there is a sense of respect among Black voters for Attorney General Letitia James and her ability to conduct the investigation.”
Also in March of this year, we examined this investigation when first brought by Attorney General James. At that time we discussed her motivations in pursing this investigation as a vehicle for her own potential run for governor. We also noted that James is a full-fledged member of the progressive wing of the Democratic party, while Cuomo is not.
Perhaps Governor Cuomo believes he is the “devil” voters know, as opposed to James, the “devil” they don’t know. Perhaps Cuomo believes he is the only viable alternative to the Progressive James.
Whether Cuomo resigns, doesn’t resign, is reelected, or not, one thing is certain – Andrew Cuomo appears to be the only Democratic politician left in New York (and possibly nationwide) who thinks he can still lead after these revelations.
Judge Wilson’s Report Concludes Tomorrow
Photo: NY State Capitol