Team Cuomo prepares for legal action over book deal agreement

Former New York Gov. Andrew Cuomo is preparing legal action over a reneged agreement regarding his book deal, his representative shared with the Washington Examiner.

Jim McGuire, an attorney for Cuomo, served the Joint Commission on Public Ethics with an evidence preservation notice on Wednesday, instructing the New York ethics board to “preserve all records, including emails, texts, and all other written communications, and take all necessary steps to ensure such records are preserved” related to JCOPE’s November reversal of its prior approval of Cuomo’s book deal.

“JCOPE’s actions in connection with the Resolutions are flagrantly in excess of its jurisdiction, are based on determinations it has made in violation of lawful procedure, and are arbitrary and capricious,” McGuire wrote in a letter to JCOPE Chairman Jose Nieves. “JCOPE’s actions violate Governor Cuomo’s rights to the protections of due process under the United States and New York Constitutions, and expose JCOPE and its
commissioners to liability.”

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The notice covers all of JCOPE’s political appointees and staff members, a representative for Cuomo said.

Cuomo’s team noted JCOPE’s decision to rescind its prior approval of the former governor’s book deal followed two previous failed efforts to unravel the agreement in which the ethics board carved out approval for the then governor to rake in a reported $5.1 million for American Crisis: Leadership Lessons from COVID-19 Pandemic.

In December, Cuomo was ordered to turn over the money to political foe New York Attorney General Letitia James, but James signaled unexpected support for Cuomo, saying collection efforts were “premature.”

The former governor has enjoyed a string of positive headlines in recent weeks, with several local law enforcement officials declining to press charges against him despite allegations of sexual impropriety. Nassau County’s district attorney announced on Dec. 23 that Cuomo would not be charged with inappropriately touching a state trooper in September 2019, and Westchester County’s district attorney followed suit, saying five days later it would not prosecute the former governor over “credible” claims of sexual misconduct that allegedly occurred in Mount Kisco, New York.

Last week, the district attorney in Albany also announced he was dropping criminal charges against Cuomo. Cuomo, who was originally scheduled to appear before a judge on Nov. 17, 2021, in connection to the charges, appeared virtually in court on Friday, and the charges were dismissed within minutes.

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James, once a political ally of Cuomo’s, precipitated the end of his governorship in releasing a bombshell Aug. 3 report detailing claims by 11 women alleging sexual harassment. Despite ultimately stepping down just three weeks after James revealed her findings, Cuomo, who denied all claims of impropriety, has repeatedly railed against the attorney general’s “unjust” report and celebrated the dismissal of charges, urging supporters to “stay tuned.”

Representatives for JCOPE did not respond to the Washington Examiner’s request for comment.

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