The U.S. Attorney reviewing files of the now-disbanded anti-corruption commission set up by Gov. Cuomo has threatened to investigate the governor's administration for possible obstruction of justice or witness tampering, the New York Times reports.
U.S. Attorney Preet Bharara in Manhattan sent a letter to Cuomo's office late Wednesday warning the governor of the possibility of an investigation after several members of the panel known as the Moreland Commission defended the governor's handling of the panel, which was disbanded in March.
Bharara has called the disbanding of the commission premature but said that federal prosecutors will aggressively complete its "important and unfinished" work.
The Times reports that the letter says "We have reason to believe a number of commissioners recently have been contacted about the commission’s work, and some commissioners have been asked to issue public statements characterizing events and facts regarding the commission’s operation.”
It continues: “To the extent anyone attempts to influence or tamper with a witness’s recollection of events relevant to our investigation, including the recollection of a commissioner or one of the commission’s employees, we request that you advise our office immediately, as we must consider whether such actions constitute obstruction of justice or tampering with witnesses that violate federal law.”
The governor's office did not immediately respond to the Times' request for comment about the letter.
Earlier this week, Cuomo defended his handling of the Moreland Commission and said his administration didn't interfere with its work. The same day, several commission members also issued statements defending the governor.
"The commission took advice and opinion from many, many people," Cuomo told reporters following an economic development announcement in Buffalo. He said the commission showed its independence when it balked at his administration's suggestions.
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"That's not a sign of interference," he said. "That is demonstrable proof of independence."
The New York Times reported last week that a top Cuomo aide, Larry Schwartz, pressured commissioners to stop subpoenas to a media-buying firm Cuomo used and to the Real Estate Board of New York, the members of which financially supported the governor's campaign.
The newspaper also reported that the commission was urged to steer clear of the Committee to Save New York, a lobbying group of CEOs and business groups that amassed some $17 million in donations from unidentified individuals who supported the governor early in his term with TV ads.
Cuomo said the commission accomplished its purpose because it prompted new laws to toughen bribery prosecutions and led to the creation of a new campaign finance oversight office. He said prosecutors can still pursue cases prompted by the commission's work.
The allegations come at a sensitive time for Cuomo, who hopes to win a second term by wide margins this November and who is widely believed to have presidential ambitions. His primary opponent — Fordham University law professor Zephyr Teachout — and Republican gubernatorial candidate Rob Astorino have criticized Cuomo's handling of the commission.
Cuomo appointed the commission last year to investigate corruption, pay-to-play campaign finance schemes in particular. The panel was dominated by county district attorneys and was given subpoena power.
One of its three chairs, Onondaga County District Attorney William Fitzpatrick, said Monday that he would have resigned if Cuomo's administration had sought to direct its work.
"The bottom line is that nobody 'interfered' with me or my co-chairs," Fitzpatrick said in a statement.
Another commission member, Rockland County District Attorney Thomas Zugibe, said Monday that the panel's decisions were "within the exclusive discretion" of its members.
