The U.S. Department of Justice has initiated a criminal probe into former New York Governor Andrew Cuomo, focusing on whether he provided false statements to Congress regarding his actions during the COVID-19 crisis, a person familiar with the matter confirmed to Fox News.
According to The New York Times, the inquiry was launched by the U.S. attorney’s office in Washington around one month ago. This development followed high-ranking DOJ officials’ calls to end the corruption indictment against New York City Mayor Eric Adams.
Fox News reported that the DOJ did not provide a comment.
This situation has put the Trump administration in a rare position—closing a criminal matter against Adams while commencing an investigation into his primary political opponent within a short period of time.
Cuomo, who is campaigning in the Democratic primary for New York City mayor, is facing off against Adams, who is running for re-election as an independent.
“We have never been informed of any such matter, so why would someone leak it now? The answer is obvious: This is lawfare and election interference plain and simple—something President Trump and his top Department of Justice officials say they are against,” Cuomo’s spokesman Rich Azzopardi told Fox News.
“Governor Cuomo testified truthfully to the best of his recollection about events from four years earlier, and he offered to address any follow-up questions from the Subcommittee — but from the beginning this was all transparently political.”
The previous year, Republican members of Congress questioned Cuomo about his decisions during the pandemic. Following this hearing, House Republicans advised the Justice Department to press charges, alleging he purposely misled Congress as the House Oversight Committee examined the high rate of nursing home deaths.
James Comer, Chair of the House Oversight and Government Reform Committee and a Kentucky Republican, forwarded Cuomo’s case to President Donald Trump’s Justice Department for possible criminal prosecution.
Cuomo, now recognized as the leading candidate in the June Democratic primary for New York City mayor, was first referred to the Biden Justice Department for prosecution in October 2024.
Former Representative Brad Wenstrup, who was the chairman of the House Select Subcommittee on the Coronavirus Pandemic, stated that Cuomo gave “multiple criminally false statements” to Congress regarding his role in the 2020 nursing home deaths scandal.
Cuomo, as governor, issued a directive in March 2020 that prevented nursing homes from turning away COVID-positive patients. This measure was designed to free up space in overcrowded hospitals.
Over 9,000 patients recovering from coronavirus were sent from hospitals to nursing homes due to this order, which was later withdrawn amid concerns it may have worsened outbreaks.
The eight plaintiffs in a related case claimed their family members contracted COVID-19 in these facilities and passed away as a result of the directive. They alleged that Cuomo and state officials should be held civilly responsible for the deaths and for not accurately reporting the number of such fatalities across New York.
Cuomo has previously said the order was in line with recommendations from the Centers for Disease Control and Prevention (CDC) and the Centers for Medicare and Medicaid Services (CMS) at the time.
The New York state comptroller released a report in March 2022 indicating that Cuomo’s Health Department “was not transparent in its reporting of COVID-19 deaths in nursing homes” and “understated the number of deaths at nursing homes by as much as 50%” at certain times during the pandemic.
Last month, Comer wrote to Attorney General Pam Bondi, stating that “to our knowledge, the Biden Administration ignored this referral despite clear facts and evidence.” He requested Bondi review the referral and “take appropriate action.”
“Andrew Cuomo is a man with a history of corruption and deceit, now caught red-handed lying to Congress during the Select Subcommittee’s investigation into the COVID-19 nursing home tragedy in New York,” Comer said in a statement Monday.
“This wasn’t a slip-up – it was a calculated cover-up by a man seeking to shield himself from responsibility for the devastating loss of life in New York’s nursing homes. Let’s be clear: lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law. The House Oversight Committee is prepared to fully cooperate with the Justice Department’s investigation into Andrew Cuomo’s actions and ensure he’s held to account.”
