The former Governor of New York, Andrew Cuomo, will retain $5 million in profits from his book “American Crisis: Leadership Lessons from the COVID-19 Pandemic,” following an appellate court ruling.
The court decided against the Commission on Ethics and Lobbying in Government (COELIG), which had previously mandated that Cuomo surrender the book’s proceeds.
The five-judge appellate court panel supported a lower court’s decision, stating that the legislature had overstepped the separation of powers principle.
“The Legislature, though well-intentioned in its actions, violated the bedrock principles of separation of powers,” the judges stated in their unanimous verdict.
Cuomo, who resigned in 2021 following various allegations including sexual harassment, which he denies, responded positively to the ruling.
A statement from his spokesperson noted, “This has been a three-year exercise to bend the law to fit the political will of those in charge, and hopefully, after this second – and unanimous – court decision, this partisan and baseless prosecution will finally end.
The statement added, “As we’ve said from the very beginning, no one is above the law nor the Constitution.”
Cuomo finalized a $5.1 million agreement for his book. The ethics panel was charged with probing allegations that the ex-governor utilized state resources, such as employees on official time, to finish the book. Cuomo refuted these allegations. However, COELIG determined that he indeed employed state resources, and the panel recommended that he surrender those earnings.
After the court’s decision, Cuomo will still retain the $5 million in profits from his book deal.
The future of COELIG appears uncertain following the decision. The ethics panel, inaugurated in 2021 as a successor to the Joint Commission on Public Ethics (JCOPE), criticized for its lack of independence, now faces potential dissolution.
COELIG’s leaders, Chairman Frederick Davie and Executive Director Sanford Berland expressed their disagreement with the court’s decision and mentioned the possibility of seeking further legal recourse. “We respectfully disagree with the result reached by the court and are reviewing all options, including, if appropriate, recommending interim legislation,” they jointly stated.
Supporters of a robust ethics oversight system remain hopeful. Rachael Fauss, Senior Policy Advisor at Reinvent Albany, expressed her organization’s stance in defense of COELIG, “We strongly believe that it is constitutional for the Legislature and Governor to pass legislation that adds independence to ethics oversight,” Fauss explained.
She emphasized the need for a more autonomous state ethics commission, concluding, “We note that the State Ethics Commission – which is still appointed by the officials they must oversee – in our view still isn’t independent enough.”
The appellate division’s unanimous decision now means the state must first obtain permission from the same panel if it wishes to escalate the matter to New York’s highest court. The Attorney General’s office is currently reviewing the decision.
