Staff Reports
In New York, a state appeals court made a decision stating that a commission that investigates ethical violations was not set up in a way that follows the state’s constitution. This decision comes from a lawsuit filed by the former Governor Andrew Cuomo against the state’s Commission on Ethics and Lobbying in Government. The lawsuit has to do with the commission attempting to make him give up $5 million that he made from writing a book about his efforts during the COVID-19 pandemic. The commission claims that Cuomo used state resources for the book, breaking his promise not to. Cuomo denies these claims and says that the commission does not have the authority to prosecute him under the state’s constitution.
An appeals court in New York ruled on Thursday that a state commission investigating ethical violations was created unconstitutionally.
— Washington Examiner (@dcexaminer) May 9, 2024
The Appellate Division of the state Supreme Court agreed with Cuomo in a unanimous ruling. The judges wrote that even though the commission had good intentions, they went against the basic principles of separation of powers. The commission was created by the state legislature and then-Lieutenant Governor Kathy Hochul in 2022. It replaced a previous ethics commission that many criticized for not being independent enough. Lawmakers said that the purpose of the new commission was to rebuild public trust in the government after Cuomo stepped down from the position due to allegations of sexual harassment. An investigation found that he did sexually harass almost a dozen women and tried to retaliate against one of his accusers.
The chairman and executive director of the ethics commission said that they plan to challenge the decision. They mentioned that the commission will keep working to make sure that people follow the state’s ethics and lobbying laws while the case goes through the full appeals process.
