House Oversight Committee Chairman James Comer (R-KY) on Monday referred former New York Governor and current New York City mayoral candidate Andrew Cuomo to the Department of Justice (DOJ) for criminal prosecution, alleging that Cuomo knowingly provided false statements to Congress regarding his role in the underreporting of COVID-19 deaths in state nursing homes.
The referral comes after Cuomo’s testimony before the House Select Subcommittee on the Coronavirus Pandemic in September 2024 and his earlier closed-door testimony in June.
Andrew Cuomo LIED to Congress about his deadly nursing home scandal.
That’s why Chairman Comer (@RepJamesComer) is re-upping his referral to the DOJ (@TheJusticeDept / @AGPamBondi) for criminal charges.
Seniors in New York DIED under Cuomo’s must-admit nursing home order. pic.twitter.com/FIZxp0ujgk
— Oversight Committee (@GOPoversight) April 21, 2025
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At issue is Cuomo’s involvement in a March 2020 directive from his administration that barred nursing homes from turning away COVID-positive patients, a policy that was later linked to a significant increase in virus-related deaths among nursing home residents in New York.
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In a press release issued Monday, Comer stated, “Andrew Cuomo is a man with a history of corruption and deceit, now caught red-handed lying to Congress during the Select Subcommittee’s investigation into the COVID-19 nursing home tragedy in New York.”
He continued, “This wasn’t a slip-up — it was a calculated cover-up by a man seeking to shield himself from responsibility for the devastating loss of life in New York’s nursing homes.”
Comer further stated, “Let’s be clear: lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law. The House Oversight Committee is prepared to fully cooperate with the Justice Department’s investigation into Andrew Cuomo’s actions and ensure he’s held to account.”
✉️ Read the letter to @AGPamBondi: pic.twitter.com/BMWwfDuvqT
— Oversight Committee (@GOPoversight) April 21, 2025
According to a 2021 report from New York Attorney General Letitia James, Cuomo’s administration undercounted nursing home COVID-19 deaths by nearly 50%.
The report determined that the state’s classification system was altered to exclude certain deaths, thereby underreporting the toll of the March 2020 guidance.
That order, issued under Cuomo’s leadership, directed nursing homes to accept patients regardless of COVID-19 status, a policy critics say placed elderly residents at high risk.
The Daily Caller News Foundation had first reported in May 2020 that the New York State Department of Health had manipulated data on nursing home deaths.
James’ report confirmed that finding in January 2021, stating that the undercount significantly obscured the true impact of the state’s pandemic response.
This latest criminal referral follows a previous one submitted by House Republicans in October 2024, which was not acted upon by the Biden-Harris administration’s Department of Justice.
In contrast, Comer’s new referral is directed to Attorney General Pam Bondi, who assumed office under President Donald Trump’s administration.
Cuomo is currently the leading candidate in the Democratic primary for mayor of New York City, where he is seeking to succeed Mayor Eric Adams.
He is positioning himself as a moderate in a crowded race, according to recent polling.
One of Cuomo’s opponents in the primary, State Senator Jessica Ramos, has questioned the former governor’s fitness for office, citing concerns over his cognitive abilities.
Speaking to the New York Post on April 17, Ramos said, “I don’t think the City of New York can afford a Joe Biden moment. I think that there are real reasons why he’s not answering questions.”
“Even when he went before Congress, he just can’t remember details about what he did,” Ramos added.
“I imagine having to resign in disgrace must have really taken a toll on, at the very least, his ego, but most certainly his mental health.”
Cuomo resigned from the governorship in August 2021 after an investigation by the state attorney general’s office concluded that he sexually harassed multiple women and retaliated against those who reported it. Cuomo has denied the allegations.
The DOJ has not yet issued a public response to Comer’s referral.
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