FAQ: The Justice Department investigation into Andrew Cuomo

The U.S. Justice Department has reportedly launched a criminal investigation into former Gov. Andrew Cuomo after congressional Republicans accused him of lying about his handling of the COVID-19 pandemic – once again plunging the Trump administration into New York City politics. News of the investigation, first reported by The New York Times Tuesday, comes mere months after federal prosecutors ordered the dismissal of the corruption case against Mayor Eric Adams who is running for reelection as an independent candidate. Cuomo currently leads the pack of Democrats in the New York City mayor’s race to oust Adams. 

Here’s a breakdown of what we know so far about the investigation and how it might factor into the ongoing mayoral race. 

Why is the Justice Department investigating Cuomo?

According to the Times, the U.S. Attorney’s office in Washington D.C. opened the criminal investigation into Cuomo last month after House Republicans recommended that he be charged for lying to Congress about how he handled the COVID-19 pandemic as governor. Specifically, that Cuomo allegedly lied about whether he’d reviewed a report by the state Health Department that undercounted the number of people who died of COVID-19 in nursing homes. 

Congressional Republicans first referred Cuomo to the Justice Department for prosecution in October 2024 following his closed-door testimony before the now-defunct Select Subcommittee on the Coronavirus Pandemic. While the committee’s first referral went unanswered during the final months of the Biden administration, Republicans resubmitted their request to Trump appointee Attorney General Pam Bondi in April – thus leading to the opening of the inquiry. 

There are a lot of unknowns. For one, the Justice Department has declined to comment, pointing to their policy of not confirming or denying the existence of investigations. Everything about the inquiry currently in the public realm has come from leaks. And its existence has already fueled criticism from Democrats that the Trump administration is weaponizing the Justice Department to go after enemies and to achieve his political whims. Earlier this month, the Justice Department launched a mortgage fraud investigation into New York Attorney General Letitia James who previously sued Trump for fraud.

Cuomo spokesperson Rich Azzopardi has adamantly denounced the investigation. “We have never been informed of any such matter, so why would someone leak it now?” he said in a statement. “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.”  

What happened in the congressional hearings? 

While examining how the United States responded to the COVID-19 pandemic, the Republican-led Congressional Select Subcommittee on the Coronavirus Pandemic subpoenaed  Cuomo to testify in June behind closed doors over how he handled the COVID-19 pandemic – particularly in relation to the thousands of deaths that occurred in New York’s nursing homes. Cuomo agreed to again testify, this time publicly, in September where Republicans intensely grilled him over the issue. 

When pressed by the subcommittee in June on whether he’d had any role in drafting or editing a July 2020 state report on nursing-home infections and deaths from COVID-19, Cuomo denied any involvement, but also said he didn’t remember seeing it and that he was struggling to remember events from years ago. Republican Congress members later alleged this was a lie, citing testimony and emails they argued proved he had been involved. 

Who is James Comer?

Kentucky Rep. James Comer is the Republican chair of the House Committee on Oversight and Government Reform who referred Cuomo to the Justice Department in October and again in April. As chair of the top oversight committee, he’s also made criminal referrals urging the Justice Department to look into the Biden family after President Joe Biden’s son Hunter was found guilty on three felony gun charges. 

How do criminal referrals work? 

Congress doesn’t have the power to open its own criminal investigations, but committees and members can make referrals to the Justice Department requesting that federal prosecutors launch an inquiry. These referrals are non-binding, meaning it’s ultimately up to the Justice Department to take action. A handful of recent referrals have resulted in prosecution, such as the one submitted by a bipartisan House committee investigating the Jan. 6 Capitol riot. 

In the case of Cuomo, former Attorney General Merrick Garland’s Justice Department did not bite. It wasn’t until Comer resubmitted the referral after Trump took office and appointed Bondi that the Justice Department’s investigation began. 

Who is Jeanine Pirro?

Jeanine Pirro, a Trump loyalist and recent Fox News pundit, is the federal prosecutor in Washington, D.C. reportedly overseeing the criminal investigation into Cuomo. Trump tapped her to be interim U.S. attorney of the district earlier this month after his first choice – Ed Martin – stepped down from the position after he failed to clear the Senate confirmation process. (The investigation into Cuomo was reportedly opened when Martin led the office).

Pirro has a long, contentious history with the former governor. She and Cuomo went head to head in the combative 2006 New York State attorney general race – he, the Democratic nominee and she, his Republican opponent. Weeks before that year’s Election Day, news broke that federal prosecutors were investigating Pirro over allegations that she’d asked a former New York City Police Department commissioner to secretly record her husband whom she thought was having an affair. Cuomo ultimately defeated Pirro by a margin of nearly 20 points. 

In the years that followed, Pirro repeatedly criticized Cuomo after she pivoted to cable news. One of her Fox News segments in 2021 was dedicated to how the former governor handled the COVID-19 pandemic in nursing homes – the same issue the federal investigation is reportedly focusing on. “ The reason Americans don't trust politicians is because they lie. New York Gov. Andrew Cuomo is a case in point,” Pirro said at the time, questioning whether Cuomo could be charged with criminally negligent homicide or manslaughter.

What impact will all this have on Cuomo’s campaign?

It’s too early to know what sort of impact the investigation will have on his mayoral campaign. A few years ago, before accusations of a politicized Justice Department became commonplace, this is the sort of thing that would very likely derail a mayoral campaign. Today though, Democrats distrust the Justice Department, rendering any prediction-making far more complex. 

Trump is deeply unpopular in New York. The perception that he might be targeting Cuomo for political purposes – be it fear, revenge, or dislike – could boost the former governor’s standing with New Yorkers. Particularly if his campaign successfully leverages it to his advantage. Already, Cuomo is seeking to use the investigation to his advantage. His campaign released an ad on Wednesday, framing it as evidence the president fears Cuomo while also highlighting a handful of other ongoing Justice Department investigations into Trump’s foes. Notably, that list included Attorney General Letitia James (though it referred to her by title, not name) who’d issued the scathing report on Cuomo’s sexual harassment allegations that led to his resignation. 

On the other hand, the investigation could give Cuomo’s opponents more ammo to attack him over how he handled the spread of COVID-19 in nursing homes – one of his biggest political vulnerabilities. Already, some of his opponents have attacked Cuomo over the investigation. City Comptroller Brad Lander tweeted “New Yorkers can’t afford four more years of a compromised Mayor kissing Trump’s ass.” State Sen. Zellnor Myrie expressed a similar sentiment, writing “We cannot trade one compromised mayor for another.” City Council Speaker Adrienne Adams delivered a speech Thursday at Elmhurst Hospital to honor the fifth anniversary of her father’s death from COVID-19 – linking the loss to Cuomo’s handling of the pandemic. 

Adams’ response was more measured. “I’m going to let the investigation take its course. I’m not going to do to him what others did to me,” he told reporters Tuesday.