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State Lawmakers Stop Cuomo Impeachment Investigation

Assembly's lawyers say only someone still in office can be removed
By Newser Editors and Wire Services
Posted Aug 13, 2021 2:45 PM CDT
Cuomo Won't Face Impeachment
New York Gov. Andrew Cuomo prepares to board a helicopter Tuesday after announcing his resignation.   (AP Photo/Seth Wenig)

(Newser) – The New York state Assembly will suspend its impeachment investigation into Gov. Andrew Cuomo once he steps down, the chamber's top Democrat said Friday. Cuomo announced his resignation on Tuesday over sexual harassment allegations, after he faced increasing pressure to resign or risk being ousted by the Democratic-controlled Legislature through the impeachment process, the AP reports. He said at the time that it would not take effect for 14 days. Speaker Carl Heastie said in a statement that the Judiciary Committee had heard from its lawyers that it can't impeach and remove an elected official no longer in office. Nevertheless, Heastie said, the evidence the committee had gathered "could likely have resulted in articles of impeachment had he not resigned."

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Since March, outside lawyers have been helping the committee conduct a wide-ranging investigation on whether there were grounds to impeach Cuomo, a Democrat. The announcement came on a day the Assembly had initially set as a deadline for Cuomo's legal team to respond with any additional evidence refuting the allegations against him. "Let me be clear—the committee’s work over the last several months, although not complete, did uncover credible evidence in relation to allegations that have been made in reference to the governor," Lavine said. The evidence related to sexual harassment, the misuse of state resources in conjunction with publication of Cuomo's book on the pandemic, and "improper and misleading disclosure of nursing home data."

(Read more Andrew Cuomo stories.)

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