Andrew Cuomo convened a commission in 2013 to probe public corruption -- but controlled and prematurely disbanded it when it looked too closely at his own dealings
Days after a new investigation into Cuomo fundraising is revealed, Cynthia Nixon pledged to convene new commission to address rampant corruption on Day 1
NEW YORK, NY --- Former U.S. Attorney Preet Bharara today endorsed Cynthia Nixon’s plan to convene a new Moreland Commission on public corruption. The backing came a day after Cynthia announced she will convene a new, independent Moreland Commission as governor, to further probe public corruption in Albany -- as a new investigation into a key Cuomo contributor has been launched.
In 2013, Andrew Cuomo convened a Moreland Commission for this purpose, but then reportedly disbanded it in a transaction with other Albany leaders when the commission got too close to Cuomo’s own dealings. By contrast, Cynthia’s commission will be strong, and independent of influence from the governor.
Bharara, the U.S. Attorney for the Southern District of New York from 2009-2017, compiled an unmatched record of fighting public corruption. He successfully prosecuted numerous public office holders across the state, including leaders in Albany from both parties.
When Cuomo’s Moreland Commission was originally convened, Bharara was the opening witness at the first public hearing, encouraging the commissioners to let no one be immune, “whether in the legislative or in the executive branch,” adding, “In all things, toughness and independence will pay off.”
He then criticized Cuomo's premature closing of the commission, and sent trucks to pick up files and leads before they were discarded. Some of the information that would have been trashed reportedly ended up bolstering the case against former Assembly Speaker Sheldon Silver, who was successfully prosecuted for public corruption by the U.S. Attorney Office of the Southern District of New York (SDNY).
Cuomo’s Disbanded Moreland Commission
With Albany rocked by a seemingly endless barrage of scandals and arrests, Gov. Andrew M. Cuomo set up a high-powered commission last summer to root out corruption in state politics. It was barely two months old when its investigators, hunting for violations of campaign-finance laws, issued a subpoena to a media-buying firm that had placed millions of dollars’ worth of advertisements for the New York State Democratic Party.
The investigators did not realize that the firm, Buying Time, also counted Mr. Cuomo among its clients, having bought the airtime for his campaign when he ran for governor in 2010.
Word that the subpoena had been served quickly reached Mr. Cuomo’s most senior aide, Lawrence S. Schwartz. He called one of the commission’s three co-chairs, William J. Fitzpatrick, the district attorney in Syracuse.
“This is wrong,” Mr. Schwartz said, according to Mr. Fitzpatrick, whose account was corroborated by three other people told about the call at the time. He said the firm worked for the governor, and issued a simple directive:
“Pull it back.”
The subpoena was swiftly withdrawn. The panel’s chief investigator explained why in an email to the two other co-chairs later that afternoon.
“They apparently produced ads for the governor,” she wrote.
The pulled-back subpoena was the most flagrant example of how the commission, established with great ceremony by Mr. Cuomo in July 2013, was hobbled almost from the outset by demands from the governor’s office.
While the governor now maintains he had every right to monitor and direct the work of a commission he had created, many commissioners and investigators saw the demands as politically motivated interference that hamstrung an undertaking that the governor had publicly vowed would be independent.
The commission developed a list of promising targets, including a lawmaker suspected of using campaign funds to support a girlfriend in another state and pay tanning-salon bills. The panel also highlighted activities that it saw as politically odious but perfectly legal, like exploiting a loophole to bundle enormous campaign contributions.
But a three-month examination by The New York Times found that the governor’s office deeply compromised the panel’s work, objecting whenever the commission focused on groups with ties to Mr. Cuomo or on issues that might reflect poorly on him.
How Cuomo Folded His Commission
The demise of the Moreland Commission was nothing like its birth.
To announce its creation, Mr. Cuomo held a news conference at the Capitol, and then barnstormed the state, making appearances near Binghamton, outside Buffalo and on Long Island.
His comments on the shutdown lasted 63 seconds.
It was March 29, less than 72 hours before the state budget deadline. Mr. Cuomo announced a budget deal with lawmakers that included some modest improvements in state ethics laws — strengthening bribery and corruption statutes and enhancing election-law enforcement.
Only when a reporter asked did Mr. Cuomo address the fate of the Moreland Commission and its more ambitious mission. The governor said he had achieved his goal of a deal on legislation, so the panel would be shut down.
...
But Mr. Bharara, the United States attorney, was deeply troubled. In his testimony at the commission’s public hearing in September, he had encouraged it to act aggressively, stand tough and safeguard their independence.
Now, some Moreland officials were concerned their work could wind up in the trash.
Why A New One is Needed
Public corruption remains a scourge in New York State government, as its comptroller and dozens of legislators have recently been sent to prison for trying to fleece taxpayers. According to Politifact, New York has more corrupt officials than any other state in recent history.
How it Will Work
Governor Nixon will convene a better, sharper Moreland Commission independent of interference from the governor. She will make appointments to it, and charge it with pursuing public corruption, by using the following two provisions of New York's Executive Law:
(1) N.Y. Executive Law section 6 - - commonly known as the "Moreland Act" -- authorizes the Governor to convene a civil investigatory commission to "examine and investigate the management and affairs of one or more department, board, bureau or commission of the state. The governor and the persons so appointed by him are empowered to subpoena and enforce the attendance of witnesses, to administer oaths, and examine witnesses under oath and to require the production of any books or papers deemed relevant or material ...."
(2) N.Y. Executive Law section 63(8) - which is necessary to cite for any "Moreland Commission" to directly investigate the legislature:
"Whenever in his judgment the public interest requires it, the attorney-general may, with the approval of the governor, and when directed by the governor, shall, inquire into matters concerning the public peace, public safety and public justice. For such purpose he may, in his discretion, and without civil service examination, appoint and employ, and at pleasure remove, such deputies, officers and other persons as he deems necessary, determine their duties and, with the approval of the governor, fix their compensation. All appointments made pursuant to this subdivision shall be immediately reported to the governor, and shall not be reported to any other state officer or department."
The courts have interpreted "public justice" broadly which, Governor Cuomo successfully argued when convening the old Moreland Commission, empowers investigations of the legislature.
