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    Cuomo Could Be Compelled to Testify in Sexual-Harassment Inquiry

    #masthead-section-label, #masthead-bar-one { display: none }Harassment Claims Against CuomoWhat We KnowCuomo’s ApologySecond AccusationThird AccusationMayoral Candidates ReactAdvertisementContinue reading the main storySupported byContinue reading the main storyCuomo Could Be Compelled to Testify in Sexual-Harassment InquiryThe attorney general’s investigation into the governor will give her far-ranging subpoena powers to request documents and call witnesses.Gov. Andrew Cuomo is navigating one of the most perilous periods of his more than 10 years in office.Credit…Patrick Dodson for The New York TimesMarch 2, 2021Updated 8:18 a.m. ETWhen a team of outside investigators begins to examine sexual harassment allegations lodged against Gov. Andrew M. Cuomo, its scope may be far broader than first anticipated.The team, which will be hired by Letitia James, the New York State attorney general, will have far-reaching subpoena powers to request troves of documents and compel witnesses, including the governor, to testify under oath.The independent inquiry may also scrutinize not just the sexual harassment accusations made by two former aides last week, but potential claims from other women as well.In the end, which is likely to be months from now, the investigators will be required to produce a final report, the results of which could be politically devastating for Mr. Cuomo.“The end game is that a report that found him culpable would bring pressure to bear on him personally, on his regime, on the Legislature to act,” said Nina Pirrotti, a lawyer who specializes in employment law and sexual harassment cases. “But I don’t exactly know how it will play out.”Mr. Cuomo, a third-term Democrat, is navigating one of the most precarious and uncertain periods of his more than 10 years in office, just months after he had emerged as a national leader early in the coronavirus pandemic.The governor is facing a federal probe into his administration’s decision to withhold data on nursing home deaths, a scandal that has led to calls for impeachment and has spurred state legislators to seriously consider curbing the emergency powers they granted him at the beginning of the pandemic.But the harassment accusations could be even more damaging for a governor who has prided himself on advancing protections for women in the workplace.The first accusation came from Lindsey Boylan, who used to work for his administration. Ms. Boylan published an essay on Wednesday that detailed a series of unsettling encounters she said she had with Mr. Cuomo, including an instance when she said he gave her an unsolicited kiss on the lips.Then, on Saturday, The New York Times published an article about Charlotte Bennett, a 25-year-old former entry-level staffer in the governor’s office who accused him of asking invasive questions, including whether she was monogamous and had sex with older men. She said she interpreted the remarks as sexual advances.Mr. Cuomo’s office denied Ms. Boylan’s allegations at the time. On Sunday, following Ms. Bennett’s account, Mr. Cuomo issued a statement in which he denied propositioning or touching anyone inappropriately, but apologized for workplace comments that he said “have been misinterpreted as an unwanted flirtation.”On Monday, following a public back-and-forth over who would conduct the investigation, Ms. James received the governor’s authorization to open an inquiry under a section of state law that allows her office to “inquire into matters concerning the public peace, public safety and public justice.”The claims from both women are now at the center of that investigation, the contours of which are still materializing but could prod deeply into the inner workings of the governor’s office and how sexual misconduct allegations are handled there.Mr. Cuomo’s office has indicated that the governor’s office would “voluntarily cooperate fully” and that it had instructed all state employees to do so as well.Investigators will ultimately produce a public report, which is bound to include a summary and analysis of their findings, maybe even recommendations. Experts said the civil inquiry could look at whether Mr. Cuomo violated the state’s human rights laws and Title VII of the Civil Rights Act, a federal law that protects against harassment because of a person’s sex.“These women do have the option, potentially, to bring claims against their employer, the State of New York, for Governor Cuomo’s conduct,” Ms. Pirrotti said, adding that the facts in the report could help victims recover economic and emotional distress damages.As investigators corroborate details, she said the inquiry could “widen and widen” to include other sexual harassment claims that might surface during the investigation. On Monday, a third woman, Anna Ruch, came forward and said that she was “confused and shocked and embarrassed” when Mr. Cuomo asked to kiss her at a wedding reception.In a referral letter on Monday to the attorney general, Beth Garvey, a special counsel and senior adviser to the governor, said the inquiry would broadly look into “allegations of and circumstances surrounding sexual harassment claims made against the governor.”Ms. James, a Democrat, said her office would oversee “a rigorous and independent investigation” but would hire a law firm to spearhead it, a move that many saw as an attempt to avoid any appearance that politics would influence the investigation. The governor endorsed Ms. James’s run for attorney general in 2018, and she has been rumored as a potential candidate to challenge Mr. Cuomo in a primary next year, when he would be up for re-election.Ms. James had not selected an independent law firm as of Monday.Letitia James, the state attorney general, has said her office will hire a law firm to spearhead the investigation.Credit…Mary Altaffer/Associated PressLawyers from the firm would be deputized and will have the power to subpoena witnesses, as well as any documents, records, papers and books relevant to the investigation. Failure to comply with a subpoena could result in a misdemeanor.Kevin Mintzer, a Manhattan-based lawyer who has represented numerous women in sexual harassment cases, said that while there was no single way to conduct an investigation like the one Mr. Cuomo will face, he would expect it to proceed along the same lines used by those run by plaintiffs’ lawyers like himself and by companies undertaking internal inquiries.First, Mr. Mintzer said, investigators are likely to assemble any relevant documents, including emails and text messages that bear not only the accusations brought by Ms. Boylan and Ms. Bennett, but also on those made by any other potential accusers. Then, Mr. Mintzer said, witness interviews could follow, as investigators decide who they want to speak with formally and under oath.At some point, the focus of the probe will turn directly to Mr. Cuomo, Mr. Mintzer said, though that is likely to happen only once investigators are fully versed in the case.“Before they question the governor — an event of obvious significance — they will be well prepared with what the documents and other people have said,” said Mr. Mintzer.The contents of the report are likely to determine Mr. Cuomo’s fate, but some state legislators have already signaled that impeachment proceedings could be considered.“We’ll wait for the report, but I do believe that something needs to be done ultimately and whether or not the governor can continue is an open question,” State Senator Michael Gianaris, a Democrat and deputy majority leader in the upper chamber, told NY1 on Monday.Some critics have also raised questions about the governor’s potential influence over the investigation.Some noted that, under state law, the governor would be required to receive a weekly report on the investigation. The law also says the governor must countersign any checks used to pay for the inquiry, which the Legislature is supposed to provide funds for.“I think Letitia James is independent, but the way the structure is set up, it’s hard to retain independence when you have to report to the governor and the governor is involved with the finances,” said State Senator Todd Kaminsky, a Democrat from Long Island and a former prosecutor. “It’s especially perverse when it is the governor himself who is under the microscope.”Mr. Kaminsky has introduced legislation to allow the state attorney general to independently commence criminal investigations without a referral, likening it to the authority local district attorneys possess. “It’s not revolutionary,” he said.Ms. Garvey, the special counsel to the governor, told Ms. James in the referral letter that the governor would waive the weekly reports “due to the nature of this review.” Mr. Kaminsky, however, questioned whether such an exception was permitted under state law.It is not clear how long the investigation might take. Mr. Mintzer said that the timeline would likely be driven as much by political considerations as by legal issues.“This is a matter of immense public interest and people want to get to the bottom of it,” he said, “and I’m sure that will be the mandate from the attorney general.”Jonah E. Bromwich and Alan Feuer contributed reporting.AdvertisementContinue reading the main story More

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    Cuomo Under Fire Over Sexual Harassment Allegations

    #masthead-section-label, #masthead-bar-one { display: none }Harassment Claims Against CuomoWhat We KnowCuomo’s ApologySecond AccusationFirst AccusationMayoral Candidates ReactAdvertisementContinue reading the main storySupported byContinue reading the main storyNew York TodayCuomo Under Fire Over Sexual Harassment AllegationsMarch 1, 2021Updated 5:07 a.m. ET [Want to get New York Today by email? Here’s the sign-up.]It’s Monday. [embedded content]Weather: Chance of light rain, turning blustery tonight with a slight chance of snow showers. Alternate-side parking: In effect until Mar. 28 (Passover). Credit…Cindy Schultz for The New York TimesFor much of the past year, Gov. Andrew M. Cuomo’s profile appeared to be rising. His daily news conferences during the pandemic drew a national following and provided a foil to President Trump’s dismissive response to the crisis. Some Democrats mused about putting Mr. Cuomo on the presidential ticket.Now, a scandal unfolding over allegations that he sexually harassed aides has cast a cloud over the three-term governor’s tenure, drawn calls for an independent investigation and prompted some politicians to suggest that Mr. Cuomo should consider resigning.The allegations come as Mr. Cuomo’s administration already faces a federal inquiry over its handling of nursing homes in the pandemic. A number of accusations of bullying behavior have also recently surfaced from lawmakers and former staff members.[Private conversations are starting to unfold about who might be best positioned to challenge Mr. Cuomo in next year’s gubernatorial elections.]The allegationsA 25-year-old former aide to the governor, Charlotte Bennett, accused Mr. Cuomo on Saturday of sexual harassment, saying he told her in June that he was open to dating women in their 20s and spoke to her in discomfiting ways about her own experience with sexual assault.On Wednesday, another aide, Lindsey Boylan, described several years of uncomfortable interactions with Mr. Cuomo, including an invitation to play strip poker on a government airplane.Mr. Cuomo’s responseMr. Cuomo has denied Ms. Boylan’s allegations.In an initial response to Ms. Bennett’s allegations, Mr. Cuomo said that he believed he had been acting as a mentor and had “never made advances toward Ms. Bennett, nor did I ever intend to act in any way that was inappropriate.”On Sunday, the governor went further, acknowledging that “some of the things I have said have been misinterpreted as an unwanted flirtation” and apologized.His promise of an investigation also underwent revisions: He first said on Saturday that he would appoint a former federal judge, Barbara Jones, to lead an inquiry into the allegations, but backtracked after critics pointed out the judge’s close ties to one of the governor’s longtime advisers.Then he said he would ask Letitia James, the state attorney general, and Janet DiFiore, the chief judge of the court of appeals, to “jointly select an independent and qualified lawyer” to review the allegations.But Ms. James and others said the plan did not empower her to do an investigation with subpoena power.Late Sunday, Mr. Cuomo again changed course, saying in a statement that Ms. James alone would be responsible for choosing an outside investigator and granting subpoena power to that person.From The TimesHe Won a Varsity Letter at 16. He Finally Got It When He Was 79.She Was Seen as a Victim in the Sarah Lawrence Cult Case. Now She’s Charged.Cuomo’s Crisis and Republicans Clash: 5 Takeaways from the Mayor’s Race3 Injured in Manhole Fire and Explosion in ManhattanWant more news? Check out our full coverage.The Mini Crossword: Here is today’s puzzle.What we’re readingA man who spent more than 40 years working in subway token booths died while riding a train home from work. [Daily News]A carriage horse that was euthanized after collapsing in Central Park last year, prompting protests from animal rights’ activists, probably had a genetic muscular disease, according to an examination released by the drivers’ union. [N.Y. Post]When wedding receptions resume in New York in two weeks, guests can dance only with members of their immediate party, household or family seated at the same table, according to new guidelines. [N.Y. 1]And finally: The women who shaped the New York Public Library In 1929, when Jennie Maas Flexner helped launch the New York Public Library’s first “Reader’s Advisory Office,” a novel service that would help readers find books based on their interests or desires, the library made a deliberate attempt to not tell the press. Too many people might overwhelm the library’s staff, officials reasoned. “The aim has been from the first, because of staff limitations, to serve the reader who comes rather than to reach great numbers of people,” Ms. Flexner wrote with a colleague in a 1934 report.In the decades since, such services have become widespread, a consequence of Ms. Flexner’s efforts at the New York Public Library, where she worked until her death in 1944. She is one of 20 New York librarians the public library will highlight this month, Women’s History Month.Five librarians will be highlighted every week. In addition to Ms. Flexner, this week’s list includes:Augusta Braxton: Ms. Braxton was hired in 1937 as a children’s librarian and worked for the library for nearly 40 years. In 1953, she became the first Black librarian in an administrative position at the New York Public Library and pushed the library to showcase books that better portrayed people of color.Pura Belpré: She was hired in 1921, becoming the first Puerto Rican librarian at the New York Public Library. She pushed the library to carry Spanish-language books and held bilingual storytelling sessions.Esther K. Johnston: She joined the New York Public Library in 1916 and became acting head of the library’s branches in 1943 when her predecessor was called away to serve in World War II. She was officially appointed to the position in 1947, becoming the highest-ranking female librarian in the country.Genevieve Oswald: Ms. Oswald joined the public library in 1944 and founded its dance collection. She never stopped advocating for dance to be considered a legitimate field of study, despite being told to “go off and have babies” at one point.It’s Monday — turn the page.Metropolitan Diary: Frothy Dear Diary:I had a job at a cafe on the Upper East Side. When I was first hired, the owner taught me how to froth milk for the perfect latte using very cold milk and a small metal cup.One very busy morning I was making lattes by frothing the milk directly in the paper to-go cups. This was a huge faux pas, but also a great time saver.After the morning rush ended, I noticed that the small metal cap that screws onto the nozzle and directs the steam was missing.I checked the counter and the floor, but I couldn’t find it anywhere. Eventually, I realized that it must have fallen into a drink. My mind filled with an upsetting thought: What if someone swallows it and chokes?As closing time neared, I was moping behind the bar when a woman stepped one foot into the cafe, shook a to-go coffee cup like a maraca, pulled out the missing cap and placed it on a nearby counter.“Thought you might want this back,” she said.— Danielle MannoNew York Today is published weekdays around 6 a.m. Sign up here to get it by email. You can also find it at nytoday.com.What would you like to see more (or less) of? Email us: nytoday@nytimes.coMonAdvertisementContinue reading the main story More