House COVID Committee: NY Ex-Gov. Cuomo Tried to ‘Inappropriately Influence’ Witness Testimony on Nursing Home Scandal

Former New York Gov. Andrew Cuomo testifies before the House Oversight Select Subcommittee
AP Photo/Cliff Owen

Disgraced New York ex-Governor Andrew Cuomo (D) attempted to “inappropriately influence” an adviser who testified in the congressional investigation into the governor’s controversial coronavirus pandemic mandate that forced sick patients into nursing homes, a House Oversight Committee report revealed. Wednesday

Over 15,000 coronavirus-related deaths were recorded in New York nursing homes and other assisted living facilities after Cuomo forced them to accept residents who tested positive for the infectious disease in 2020, Breitbart News reported. Cuomo’s secretary, Melissa DeRosa, also admitted the total death toll was understated by her team to shield the administration from scrutiny.

The scandal has since become the subject of multiple investigations, including by the U.S. attorney’s office in Brooklyn, the FBI, and the House Committee on Oversight and Reform’s Select Subcommittee on the Coronavirus Pandemic. 

On Wednesday, the subcommittee alleged that Cuomo contacted a witness, former aide Jim Malatras, multiple times “within 48 hours of the Select Subcommittee taking a specific action in its nursing home investigation.”

“Today, the Select Subcommittee on the Coronavirus Pandemic released new evidence that suggests former New York Governor Andrew Cuomo attempted to inappropriately influence the testimony of a Select Subcommittee witness,” a press release announced. 

Going on to call the timeline of communication from Cuomo to Malatras “concerning,” the subcommittee said the former governor’s pattern of behavior looks like he was “attempting to influence Dr. Malatras’ testimony and obstruct the Select Subcommittee’s investigation.”

Malatras, a former director of state operations and chancellor of the State University of New York (SUNY) system who also advised Cuomo when he was the state’s attorney general, was “the only former member of Cuomo’s office to confirm to the COVID committee that the former governor ‘edited’ a notorious New York Department of Health report that deflated the true nursing home death count due to the order,” the New York Post reported

Syracuse.com reported that Malatras resigned from his position as chancellor in late 2021 following the leak of disparaging comments he made about a woman who accused Cuomo of sexual harassment — but the former official did not hear from the former governor until May 18, 2023, a day after the House subcommittee held its first hearing on the nursing home scandal, House Oversight Committee documents revealed.

Screenshots shared by the subcommittee on X show the texts from Cuomo:

“Hello Jim, Andrew Cuomo here. It’s been a long time. I just want you to know I think about you often. I am very sorry for the pain you went through. It was unfair and mean. I am sorry that I was the lightning rod that hurt you,” the former governor wrote. 

“I always knew politics was a nasty business but the level surprised even me. I hear you are doing well and if there’s anything I can ever do to help you of course I will. I know it hurts,” he continued, before telling Malatras to “remember life has chapters and how we end the last one is how we begin the next one.”

“Getting knocked on your ass hurts but it’s the getting up that makes the man. Again I’m sorry to of been the source of your pain. Best regards,” he concluded. 

Malatras did not respond, and Cuomo did not contact him again until February 18, 2024 — two days after the subcommittee selected Malatras for a transcribed interview. 

“Hello Jim, now that the dust has settled, and the truth is being revealed, I wanted to check in with you and see how you are doing,” Cuomo wrote. “I’m sure you will do well because quality and talent will always win in the end. All the best, Andrew.”

The subcommittee determined that the messages raised concerns that “Mr. Cuomo may have been trying to influence Dr. Malatras’ testimony and obstruct the Select Subcommittee’s investigation.”

Cuomo contacted Malatras for a third time on July 15, 2024, calling him and “immediately” bringing up the nursing home investigation, which his former adviser said made him “uncomfortable.”

This was the same day the subcommittee privately confirmed Cuomo’s hearing date with the former governor. 

On September 17, Malatras testified that “Cuomo started the call by mentioning he would be testifying publicly in front of the House Select Subcommittee.”

“As part of the conversation he spoke about nursing homes, specifically describing how the story in New York was much better than I even knew it to be and mentioned several facts and datapoints to demonstrate his point,” the former aide said. “I don’t recall the exact details of the facts or datapoints but recall generally that he mentioned that New York’s nursing home numbers in comparison to other states were even better than first thought.”

When asked how he interpreted the phone call, Malatras said it was “an effort to make me aware of the positive information about which he intended to testify.”

“I only listened and did not respond to his discussion on nursing homes, because I was uncomfortable having to potentially contradict or disagree with Governor Cuomo on the call, or somehow prejudicing the upcoming Select Subcommittee hearing by discussing it at all,” he said.

From those three separate communications made by Cuomo, the subcommittee determined that “Cuomo acted in a manner consistent with an attempt to inappropriately influence the testimony of a witness and obstruct the Select Subcommittee’s investigation.”

“The Select Subcommittee is continuing its thorough and fact driven investigation,” the addendum concluded. “Accordingly, the Select Subcommittee is evaluating all avenues at its disposal to hold former Governor Cuomo accountable.”

Cuomo denied any wrongdoing by contacting Malatras, claiming that the messages were just “nice notes to a person.”

The memo also accused Cuomo’s attorney, Rita Glavin, of using “intimidation tactics” on the subcommittee’s staff.

“Ms. Glavin went further than simply expressing her objections and ‘reminded’ Select Subcommittee staff of their ethical obligations. Ms. Glavin did this by referencing two staffers’ applicable state bar rules — meaning she researched their state bar numbers — and cited the disbarment case against former New York City Mayor Rudolph Guiliani,” the addendum states.

“A reasonable person may perceive this ‘reminder’ as a threat to file disbarment complaints against those staffers,” the House investigators continued. “This not the first time that Ms. Glavin has resorted to such intimidation tactics.”

The subcommittee has also recently subpoenaed current Gov. Kathy Hochul (D) according to the New York Post, claiming that her administration has also withheld relevant records.

Authored by Olivia Rondeau via Breitbart September 25th 2024