House Panel Refers Andrew Cuomo for Prosecution

Alleges false statements on Covid report.

NBC News just reported the following:

The Select Subcommittee on the Coronavirus Pandemic sent a letter Wednesday to U.S. Attorney General Merrick Garland accusing the former governor of providing false statements to the panel when he testified on June 11.

In the Republican-led committee’s referral, it says Cuomo “knowingly and willfully made materially false statements” to the panel during its investigation into the New York’s Covid-19 response. The statements in question stem from exchanges about a New York state Department of Health report on nursing home infections and deaths that was released on July 6, 2020.

The report caught my eye because I have long followed the New York nursing home scandal, which I thoroughly investigated for our book The Courage to Face COVID-19: Preventing Hospitalization and Death While Battling the Bio-Pharmaceutical Complex.

This particular chapter about the mindbogglingly stupid and criminal pandemic response is so noteworthy that I believe it is worth republishing here on our Substack.

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CHAPTER 11: “Cuomosexuals”

On the same day (March 23) that Dr. Bright initiated his scheme to restrict hydroxychloroquine to hospitalized patients, New York Governor Andrew Cuomo issued the following executive order:

No pharmacist shall dispense hydroxychloroquine or chloroquine except when written as prescribed as an FDA-approved indication; or as part of a state approved clinical trial related to COVID-19 for a patient who has tested positive for COVID-19 with such test result documented as part of the prescription. No other experimental or prophylactic use shall be permitted …

This order prohibited New York pharmacies from filling off-label prescriptions for Covid patients. The exceptionally determined Dr. Zelenko found a way to get around it, but it made his practice much more difficult.

Two days later, on March 25, the New York Department of Health issued the following directive to nursing home administrators:

No resident shall be denied re-admission or admission to the NH solely based on a confirmed or suspected diagnosis of COVID-19. NHs are prohibited from requiring a hospitalized resident who is determined medically stable to be tested for COVID-19 prior to admission or readmission.

As anyone who has ever worked in a nursing home knows, respiratory viruses can rip through the facility and cause severe illness. Virulent common cold rhinovirus outbreaks have resulted in multiple deaths in this setting. By March 25, it was crystal clear that the risk of severe disease and death from COVID-19 is by far the highest for patients over the age of seventy-five. Thus, ordering “confirmed or suspected” Covid patients to be readmitted to nursing homes was the equivalent of forcing foxes into henhouses. What was the New York State Health Department thinking?

On March 27, the United States set the world record of COVID-19 cases, and New York City was the nation’s epicenter—a five-alarm fire of serious infections. On April 10, New York State recorded more Covid cases than any country on earth except the United States in total and its nursing homes were devastated by the contagion. The legacy media was slow to notice this, perhaps because it was blinded by Governor Cuomo’s stardom. He gave daily press conferences in which he spoke about the measures he and his team were taking to keep New Yorkers safe. Millions across the country watched these performances for which he later received an Emmy.

As the spring wore on, reports of mass casualty events in nursing homes emerged, and these drew scrutiny to the Health Department’s March 25 directive. On May 21, the Associated Press reported that over 4,500 Covid patients had been sent back into New York nursing homes. This number would later be revised upward to over 9,000. The AP report coincided with growing suspicion the Health Department wasn’t being transparent about mortality data in these facilities. Suspicion was confirmed on January 28, 2021, when New York Attorney General Latitia James reported that the Department of Health had undercounted nursing home deaths by 50%.

On February 11, 2021, the New York Post published a leaked audio recording of Governor Cuomo’s secretary, Melissa DeRosa, speaking confidentially with the New York State Democratic Committee. On this tape she can be heard apologizing for concealing nursing home data. Though mealy-mouthed, her apology revealed that Cuomo’s team had acted out of fear of getting into trouble with the DOJ.

Basically, we froze because then we were in a position where we weren’t sure if what we were going to give to the Department of Justice or what we give to you guys and what we start saying was going to be used against us, and we weren’t sure if there was going to be an investigation.

After making this confession, she changed the subject to “the context” of their decision—namely, they were concerned that President Trump would try to politicize the incident in the upcoming election.

“Right around the same time, he [Trump] turns this into a giant political football,” she told the Committee.

For many who followed the New York nursing home story, it seemed emblematic of many pathologies afflicting the U.S. political and media class. First was the nepotism of the Cuomo family, with CNN Anchor Chris and Governor Andrew regularly putting on shows for their fawning, sentimental fans, many of whom called themselves “Cuomosexuals.” T-shirts, hats, coffee mugs, and even a popular music video appeared bearing the term’s definition: In love with competent, reassuring governance by a leader who uses complete sentences and displays common sense during a pandemic.

The Governor’s cult of personality yielded a $5.2 million book deal with Penguin Random House, initiated by an acquiring editor on March 19, 2020, three days before the state went into lockdown. The deal for American Crisis: Leadership Lessons from the COVID-19 Pandemic stipulated the book be ready for publication before the November elections. Governor Cuomo purportedly wrote a 70,000-word typescript in three months while at the same time executing his duties as full-time “Leader” in handling New York’s Covid crisis. The state ethics board approved the deal on the condition that no state resources were used in the book’s production, but that didn’t stop Cuomo from using his staff and a ghostwriter.

Complementing the governor’s book deal was his Emmy Award. As Bruce Paisner, CEO of the International Academy of Television Arts and Sciences, explained in his announcement of November 20, 2020:

The Governor's 111 daily briefings worked so well because he effectively created television shows, with characters, plot lines, and stories of success and failure. People around the world tuned in to find out what was going on, and New York tough became a symbol of the determination to fight back.

All these awards and extravagant expressions of adulation for the Governor’s leadership overlooked his executive order impeding access to hydroxychloroquine and his Health Department’s catastrophic directive to nursing homes. Protecting nursing homes was the only contagion control policy for which there was a crystal clear rationale. While general lockdowns did little to stop the spread, extraordinary measures to secure nursing homes probably would have given some protection to society’s most vulnerable. Instead, the New York Health Department sent thousands of Covid patients back into these facilities and then concealed the ensuing death toll. On June 2, 2020, USA Today reported that “Over the last three months, more than 40,600 long-term care residents and workers have died of COVID-19—about 40% of the nation’s death toll attributed to the coronavirus ...”

After flying high in 2020, the Cuomo brothers fell back to earth in 2021, when multiple women accused the Governor of sexual harassment. He was then further accused of using his executive power to suppress these allegations. Chris Cuomo was likewise accused of using his powerful media connections to aid and abet his brother in the concealment.

A cynic might be tempted to wonder about the timing of the sexual misconduct allegations—right as reports emerged that New York Attorney General Letitia James, U.S. Attorney Seth Ducharme of the Eastern District of New York, and the FBI were opening investigations into allegations of malfeasance resulting in nursing home deaths. Especially disturbing was the allegation that Governor Cuomo provided legal immunity to nursing home executives from whom he received campaign contributions, possibly giving them carte blanche to cut costs at the expense of the care and safety of their residents. As the Attorney General stated in her preliminary findings:

On March 23, Governor Cuomo created limited immunity provisions for health care providers relating to COVID-19. The Emergency Disaster Treatment Protection Act (EDTPA) provides immunity to health care professionals from potential liability arising from certain decisions, actions and/or omissions related to the care of individuals during the COVID-19 pandemic. While it is reasonable to provide some protections for health care workers making impossible health care decisions in good faith during an unprecedented public health crisis, it would not be appropriate or just for nursing homes owners to interpret this action as providing blanket immunity for causing harm to residents.

With multiple allegations of sexual misconduct made in March 2021, the subject in mainstream media reporting was largely changed from New York State’s possible liability for the preventable deaths of thousands to Governor Cuomo’s inappropriate behavior with women.

On August 7, 2021, the New Yorker published a coda to Governor Cuomo’s rise to superstardom and his crashing fall from grace. In an essay titled, Diving Into the Subconscious of the “Cuomosexual,” reporter Lizzie Widdicombe posed the question:

How could we have witnessed the Governor’s narcissism, bullying, and hackneyed paternalism and found these qualities attractive?

To answer it, she interviewed psychoanalyst Virginia Goldner, who explained that Governor Cuomo “was radiating an eroticized masculinity that has within it hostility and a little tenderness. That combination of soft and hard—mostly hard, but also soft—is what so many women crave in some way.”

Dr. Goldner’s remarks pointed to a key feature of how the public responded to official Covid policy. Approval of policies had little to do with their substance. Mostly it derived from impressions of the personal qualities, political affiliation, and perceived authority of the officials who presented the policies. Governor Cuomo exuded masculine confidence and gave the impression of taking bold action against a foreign invader. His performances were fascinating to watch, but they had little to do with reality.

By late March of 2020, the virus had spread far beyond the possibility of being contained. The Swedish state epidemiologist, Anders Tegnell, pointed this out in a March 28, 2020 New York Times interview, but no major public health official in the United States acknowledged this reality. Because the virus was far beyond containment, it was unlikely that any of Governor Cuomo’s contagion control orders such as his statewide lockdown or shutdown of “nonessential businesses” made any positive difference. He was awarded an Emmy for embodying “the determination to fight back” against the virus. In fact, he disarmed New Yorkers by impeding their access to the only weapon (hydroxychloroquine) known at the time for fighting it. Covid patients, including thousands of sitting ducks in nursing homes, were consequently left defenseless.

From: The Courage to Face COVID-19: Preventing Hospitalization and Death While Battling the Bio-Pharmaceutical Complex, by John Leake and Peter A. McCullough, MD, MPH, SKYHORSE, New York, 2022.