On October 31, 2024, a Republican-led U.S. House subcommittee announced plans to refer former New York Governor Andrew Cuomo to the Justice Department for potential prosecution for allegedly lying to Congress. This referral will reportedly be sent to the Justice Department on November 1.
The letter from the House Select Subcommittee on the Coronavirus Pandemic was not signed by the subcommittee's ranking Democrat, suggesting possible partisan divisions. Criminal referrals from Congress are largely symbolic, as the Justice Department has discretion over prosecutions.
Cuomo's legal representatives have requested an investigation into the subcommittee for potential abuse of power. A spokesperson for Cuomo characterized the referral as a 'taxpayer-funded farce' and an 'illegal use of Congress' investigative authority.'
The referral centers on Cuomo's closed-door testimony earlier this year, where he stated he could not recall reviewing a New York state Health Department report concerning nursing home deaths during the pandemic. However, reports indicated that Cuomo had authored portions of this report.
In July 2021, the U.S. Justice Department opted not to pursue a civil rights investigation into nursing homes in New York related to their COVID-19 response. Cuomo resigned in August 2021 following allegations of sexual harassment, which he has denied.