What Exactly Is Andrew Cuomo Guilty Of?
Sexual Misconduct,New York,Criminal Justice,Andrew Cuomo,MeToo
In the 165-page report issued last week by New York State Attorney General Letitia James, there is a curious incongruity that few seem to have noticed in their furor to denounce Gov. Andrew Cuomo. (How many journalists bothered to read the report before commenting, one wonders?) While press accounts have near-uniformly declared the allegations set forth to be supremely โdamning,โ a closer examination of the report itself, as well as the peculiar surrounding details, leaves room for a bit more ambiguity.
The report concludes that โunder the totality of the circumstances,โ Cuomoโs conduct โcreated a hostile work environmentโ and therefore constituted a violationโor multiple violationsโof the law. โEven the Governorโs less overtly sexual comments that were nonetheless gender-basedโ contributed to this allegedly unlawful dynamic, the report opines.
โOpinesโ is an operative word here. Despite accusations leveled by James at her TV press conference that Cuomo โviolated federal and state law,โ no charges of any kind were brought against the governor, which makes this episode an extreme rarity in the annals of American due process. โFor a prosecutor to say the things she did ... would be a violation of the code of ethics,โ Bennett Gershman, a law professor at Pace University, told me. โIn New York state, I canโt think of another situation where an attorney general went so far,โ he added. โA lot of her statements were quite inflammatory, and highly prejudicial.โ