Former New York Governor Andrew Cuomo has suffered a legal setback as the state’s highest court ruled in favor of the Commission on Ethics and Lobbying in Government (COELIG), allowing it to continue its probe into his controversial $5 million book deal. The court’s decision paves the way for further scrutiny of whether Cuomo improperly used state resources while writing American Crisis: Leadership Lessons from the Covid-19 Pandemic.
Court Ruling Upholds Ethics Investigation
In a 4-3 split decision, the New York Court of Appeals ruled that COELIG’s establishment did not violate the separation of powers principle. The ruling reverses victories Cuomo had secured in lower courts and permits the ethics commission to investigate his conduct.
The commission, formed under Governor Kathy Hochul’s administration, replaced a previous ethics body that had accused Cuomo of misusing state personnel and resources for his book project. That body had attempted to force him to return the $5.1 million in earnings from the book deal.
The court found that the commission was within its legal authority to enforce ethical standards for public officials. Judge Jenny Rivera, writing for the majority, defended COELIG’s role, stating that it was designed to prevent self-regulation within the executive branch.
“The Legislature structured the Commission to address a narrow but crucial gap arising from the inherent disincentive for the Executive Branch to investigate and discipline itself,” Rivera wrote.
Cuomo’s Legal Challenge and Defense
Cuomo had sued to block the investigation, arguing that COELIG’s structure was unconstitutional. His legal team contended that the commission was improperly empowered and that it could unfairly target political figures. His lawyers also cited recent arguments made by former President Donald Trump’s legal team in cases regarding executive oversight.
Despite these claims, the court found that COELIG’s creation did not overstep legal boundaries.
However, dissenting justices warned that the ruling could set a precedent for excessive government oversight. They cited former U.S. Supreme Court Justice Antonin Scalia, cautioning that separation of powers cases often appear harmless but may erode executive authority over time.
“Wide-eyed, the majority closely examines individual parts of the statute before us … and pronounces each, in turn, not wolf,” the dissenting opinion stated. “But step back—it’s not grandma; it’s a wolf.”
Financial Fallout for Cuomo
The decision means Cuomo may once again face the possibility of repaying his book earnings. His financial disclosure forms show that of the $3.12 million he received in an initial payment:
- A significant portion went to taxes and expenses
- $500,000 was donated to the United Way
- $1 million was placed in a trust for his daughters
If COELIG pursues a repayment order similar to its predecessor commission, it remains unclear whether Cuomo has sufficient liquid assets to comply.
Political Ramifications
The ruling comes as Cuomo considers a New York City mayoral run, marking a potential political comeback attempt after resigning from office in 2021 amid multiple scandals. The renewed ethics probe could hinder his ambitions, forcing him to address lingering allegations as he reenters the political arena.
New York Attorney General Letitia James, who has been a frequent critic of Cuomo, welcomed the ruling.
“The public deserves to have faith in their elected officials, and that requires a strong, independent ethics watchdog,” James said in a statement. “In New York, we value the rule of law, and my office will always work to ensure our laws are defended, no matter who attempts to sidestep or ignore them.”
Cuomo’s spokesperson, Rich Azzopardi, dismissed the ruling, calling it a politically motivated decision.
“This split ruling is a complete reversal from the unanimous opinion of six judges sitting on two levels of our court system,” Azzopardi said. “We intend to file for reconsideration—as is our right—but it is disturbing that any judge of New York’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class.”
What’s Next?
With COELIG now free to continue its investigation, the process could take months before any final determinations are made. Cuomo’s team is expected to file for reconsideration, though it remains uncertain whether the court will grant a new hearing.
Meanwhile, Governor Kathy Hochul, who established COELIG to ensure greater accountability in state government, scored a political win with the ruling. The decision reinforces her push for stricter ethics oversight in Albany.
As Cuomo weighs his political future, the ethics probe into his book deal remains a significant hurdle—one that could shape not only his legacy but also the broader debate on government accountability in New York.
(Source : newsbreak.com)
