Moreland Commission Fallout: Critics Say Governor Cuomo May Have Interfered With Corruption Probe
Standing outside the Tweed Courthouse in New York on Wednesday, Westchester County Executive and Republican gubernatorial candidate Rob Astorino said a special prosecutor should investigate whether Governor Cuomo broke state law, following allegations of interference with the state anti-corruption commission.
"I believe Governor Cuomo committed a crime. State law specifically states that when there is evidence it has to be turned over to state police. There were multiple published reports that the Moreland Commission was looking at multiple occasions of pay-to-play, but also patronage, no-show jobs, pension scams for multiple people that the Moreland Commission was looking into. The Governor abruptly shut down this Commission," said Astorino. "The question is, because laws would be broken if this did not happen, did the Governor, under section 63.8, hand over that information to the proper authorities -- in this case it would be the state police and the Attorney General's office? That's why, we believe very strongly that a special prosecutor needs to be put in place here to determine what, if any, state laws were broken."
Section 63.8 of the state's executive law reads: "If in the course of its inquiry the Commission obtains evidence of a violation of existing laws, such evidence shall promptly be communicated to the Office of the Attorney General and other appropriate law enforcement authorities..."
Astorino said the laws may have been broken and might be out of the jurisdiction of the federal prosecutor who is already looking into the allegations against Governor Cuomo.
Last Wednesday, The New York Times reported that Governor Cuomo's office interfered with the work of the Moreland Commission set up to investigate corruption in Albany. The Moreland Commission on Public Corruption, established in July 2013, had investigative and subpoena powers and could make policy recommendations. The Commission could not, however, make arrests or convene a grand jury. The Times reported that on several occasions the Commission was asked by the Governor's office not to proceed in its investigation of people with close ties to the Governor. The Commission was originally intended to last 18 months, but was abruptly dismantled in March 2014.
Cuomo on Long Island was asked by reporters about Astorino's demand for a special prosecutor.
"That's entertaining," Cuomo told reporters. "I never heard that theory. But in any event, the commission is made up of prosecutors. The co-chair is the district attorney of Onondaga ... One of the other co-chairs is the district attorney of Nassau. So they are the ones who are actually on the commission. Then on top of that, at the end of the commission, I told the commission that any information they have, any files, any documents, should all be turned over the relevant prosecutors. That's been done already."
Latin Post contacted the New York Attorney General about Astorino's comment, but they did not respond to inquiries.
Bronx civil rights activist, Ramon Jimenez, and the Green Party candidate for Attorney General has criticized New York Attorney General Eric Schneiderman for what he says is an ongoing failure to prosecute corruption. The Green Party had called for the Moreland Commission to investigate a claim that special interests had donated tens of millions of dollars to Cuomo. They maintain Cuomo's office squashed the Commission's effort to subpoena the Real Estate Board of New York, whose members donate enormous sums. Those same interests, according to Project Vote Smart, have donated more than $230,000 to Schneiderman.
"Schneiderman stood silent when Cuomo disbanded the Commission, even though all the members of the commission were sworn in as deputy attorney generals. When Cuomo contradicted his original statement about the role of Commission, Schneiderman didn't say peep," said Jimenez. "Corruption permeates the State Capitol, but Mr. Schneiderman can't seem to find any to prosecute."
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