Legal Analyst Raises Red Flags on Andrew Cuomo DOJ Investigation

Harry Litman, former deputy assistant attorney general and legal analyst, said that it is a "violation" of Department of Justice (DOJ) practice to insert themselves so close to an election and that interim U.S. attorney in Washington, D.C., Jeanine Pirro, "shouldn't be within 10 miles" of the investigation involving former New York Governor Andrew Cuomo.

Newsweek reached out to the DOJ via online form Wednesday for comment.

The Context

Cuomo announced his bid to run for New York City mayor as both a Democrat and an independent recently. He's widely thought to be current New York City Mayor Eric Adams' strongest rival in the race.

Adams also recently faced criminal charges of his own until President Donald Trump's DOJ dropped federal bribery and campaign finance charges against him.

The focus of the DOJ's reported inquiry into Cuomo is related to a September 2024 congressional hearing during which Cuomo was grilled over his March 2020 directive that nursing homes accept recovering COVID-19 patients.

Critics said the directive may have contributed to the virus's spread, but Cuomo has maintained that he followed federal guidelines on the issue and accused Republicans of weaponizing the justice system against Democrats, ABC New York reported.

What To Know

While speaking with CNN on Wednesday, Litman spoke about the timing of the investigation, saying, "Yeah, not just notable, but normally... a violation of DOJ principles and practice. You don't try to interfere in an election so so very much on the eve of it. "

Litman later added, "Now this was referred in October 2024 by James Comer, who was upset at the testimony, and the DOJ didn't do anything with it then and people across the board, Republicans, Democrats said, 'There's really no solid perjury case here.'"

"Then it was revived, and it's now been given to Jeanine Pirro, who really shouldn't be within 10 miles of the case. She lost to Cuomo for attorney general and she called him a murderer or said he should be investigated for murder based on this conduct on Fox News, nevertheless, she now has the reigns."

Newsweek attempted to reach Pirro at the U.S. Attorney's Office in D.C. but could not leave a voicemail.

Litman continued, bringing up the public integrity section within the DOJ noting that they ultimately make the call to investigate. However, senior officials within that department resigned after it was suggested that they drop the charges against Adams.

"We don't have that normal assurance of regularity that the public integrity section would provide," Litman warned.

What People Are Saying

Cuomo's spokesperson, Rich Azzopardi, in a statement to The New York Times on Tuesday: "We have never been informed of any such matter, 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."

Azzopardi added that 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."

Republican Representative James Comer of Kentucky posted on X, formerly Twitter, on Tuesday: "DOJ just opened an investigation into Andrew Cuomo's COVID nursing home tragedy in New York. This comes after @GOPoversight caught Cuomo red-handed lying to Congress and resent a criminal referral to Attorney General Pam Bondi last month. Cuomo must be prosecuted."

Zohran Kwame Mamdani, another New York City mayoral candidate, posted on X on Tuesday: "Andrew Cuomo's career has been defined by corruption and deceit and his lying to Congress about his COVID response is no exception."

Mamdani continued, "But Donald Trump cannot be trusted to pursue justice. While I believe New Yorkers should reject the disgraced ex-Governor at the ballot box, the Trump administration's actions are dangerous."

What Happens Next

It's not immediately clear how far along the DOJ's investigation is or what charges prosecutors may file against the former governor.