Tuesday, a judge sided with former New York governor Andrew Cuomo in his disagreement with a now-defunct state ethics committee that ordered him to return $5 million he received for writing a book on his leadership during the COVID-19 pandemic.
Initially, the Joint Commission on Public Ethics authorized Cuomo’s proposal to publish “American Crisis: Leadership Lessons from the COVID-19 Pandemic” in 2020. The next year, however, the panel withdrew its clearance, arguing that Cuomo had broken his vow not to use any state resources on the book.
Cuomo confirmed that state staff assisted with activities such as text editing. However, he claims that these individuals performed this work at their personal time.
The panel, known by its acronym JCOPE, gave Cuomo 30 days to return the $5.1 million he was paid by the publisher for the book. Cuomo filed a lawsuit, alleging that the panel members were biased against him and violated his right to due process.
In a judgement issued on Tuesday, state judge Denise A. Hartman denied the commission’s effort to execute its order that Cuomo return the money. Hartman described it as an attempt to circumvent administrative procedures, given that the sanction was imposed without the appropriate administrative hearing.
This year, Democratic Governor Kathy Hochul approved legislation disbanding the commission in favor of a new one. It is unclear if the new committee would continue its efforts to recover Cuomo’s book money.
Hartman said, “If, after reviewing JCOPE’s activities, the new Commission decides to pursue action against Cuomo, proceeds with the adjudicatory process, and deems that a breach has occurred, the new Commission may then levy a civil penalty against him.”
Cuomo attorney Rita Glavin described JCOPE’s conduct as “shameful, unlawful, and a waste of taxpayer cash” in an email statement.
A message was placed with a commission-representing attorney.