DOJ opens investigation into Andrew Cuomo over pandemic testimony to Congress

The Justice Department has opened an investigation into former New York Gov. Andrew Cuomo concerning his testimony to Congress during the COVID-19 pandemic, two officials familiar with the matter told CBS News on Tuesday.

The investigation comes months after the DOJ dropped charges against current New York City Mayor Eric Adams. Both Adams and Cuomo are running for mayor in the upcoming election.

The news was first reported by The New York Times.

The Justice Department had no comment when reached by CBS News.

In a statement, Rich Azzopardi, a Cuomo spokesperson, said the former governor has not had any contact from law enforcement about the case or received any subpoenas.

"We have never been informed of any such matter, so why would someone leak it now?" Azzopardi said. "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."

Congressional Republicans have pressed the Justice Department to investigate Cuomo for months, accusing him of lying to Congress during an investigation into coronavirus deaths in nursing homes — an issue critics have long accused Cuomo of mishandling.

In a criminal referral last year, a House panel on the COVID-19 pandemic alleged Cuomo was involved in drafting and editing a 2020 state report on nursing home deaths, but he testified to the committee in June 2024 that he was not involved. The referral claims Cuomo violated a law against making false statements to Congress.

The Biden-era Justice Department did not act on the referral. But after President Trump returned to office, Rep. James Comer, a Kentucky Republican who chairs the House Oversight Committee, urged federal prosecutors to look into the case, alleging Cuomo was "caught red-handed lying to Congress."

"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," Azzopardi told CBS News.

Mr. Trump's Justice Department has faced scrutiny for its handling of criminal cases involving Democrats.

Months before the Cuomo investigation became public, the Justice Department drew criticism for ending a criminal prosecution of Adams — one of Cuomo's rivals in the mayoral race — for alleged bribery and campaign finance offenses. One of the department's top leaders said the charges had impeded Adams' ability to run for reelection or govern the city, and had made it harder for Adams to cooperate with the federal government on crime.

Several members of the Manhattan federal prosecutor's office resigned in protest and accused the administration of a quid pro quo, effectively letting Adams off in exchange for his cooperation with the Trump administration's immigration enforcement. The Trump administration and Adams have denied any quid pro quo.

This week, federal prosecutors charged Rep. LaMonica McIver, a New Jersey Democrat, with felony assault during a clash at an Immigration and Customs Enforcement detention center in Newark. Prosecutors claim she assaulted a federal law enforcement officer, but she called the charges "purely political."

New York Attorney General Letitia James — whose office sued Mr. Trump for fraud — was referred for criminal prosecution by the Trump-nominated head of the Federal Housing Finance Agency last month. The office accused James of falsifying documents to get a more favorable mortgage rate, which James called "baseless." It's unclear if the Justice Department will choose to bring charges.