March 5, 2024

The Honorable Andrew M. Cuomo

Former Governor, State of New York
C/O Ms. Rita Glavin, Esq.
Principal
Glavin, PLLC
156 W. 56th St., Suite 2004
New York, NY 10019
[TRANSMITTED VIA EMAIL]

Dear Mr. Cuomo:

The Select Subcommittee on the Coronavirus Pandemic (Select Subcommittee) wrote to

you on December 1, 2023, to request that you voluntarily participate in a transcribed interview
on February 2, 2024, related to the Select Subcommittee’s investigation into how New York
implemented federal guidance from both the Centers for Medicare and Medicaid Services (CMS)
and Centers for Disease Control and Prevention (CDC) regarding protecting residents in nursing
homes and other long-term care facilities.

The Select Subcommittee specifically requested your testimony because it was your
administration that issued the March 25, 2020 nursing home order stating, in relevant part, that
“[n]o resident shall be denied re-admission or admission to the [nursing home] solely based on
confirmed or suspect[ed] diagnosis of COVID-19” (“March 25 Order”).1 This misguided
decision effectively admitted thousands of COVID-19 positive patients into nursing homes,
causing predictable but deadly consequences for New York’s most vulnerable.

Of course, you have argued—even after leaving office—that the March 25 Order was
consistent with CMS and CDC guidance. In addition, you have argued that it was the nursing
home staff—not your Administration’s order—that was responsible for the resulting deaths in
the nursing homes.

In addition to the March 25 Order itself, there is also troubling evidence suggesting the
Cuomo Administration at best downplayed its impacts and at worst covered them up. For
example, on July 6, 2020, the New York State Department of Health (NYDOH) released a report
regarding COVID-19 in nursing homes. Although the report appeared to independently validate
your position regarding the March 25 Order, it was far from impartial. Indeed, according to the
New York impeachment investigation, your office edited the report with the intention of

1
Memorandum from the New York State Department of Health to Nursing Home Administration, et. al., Advisory:
Hospital Discharges and Admissions to Nursing Homes (Mar. 25, 2020) (on file with Comm. Staff).
The Honorable Andrew M. Cuomo
March 5, 2024
Page 2

suppressing your and the March 25 Order’s involvement in nursing home fatalities. Specifically,
the impeachment report found:

Evidence obtained during our investigation demonstrates that while the

DOH Report was released under the auspices of DOH, it was substantially
revised by the Executive Chamber and largely intended to combat
criticisms regarding former Governor Cuomo’s directive that nursing
homes should readmit residents that had been diagnosed with COVID-19.1

Further, your office heavily edited—or at the very least, filtered—the truth in the
NYSDOH Report to only account for 6,432 nursing home deaths, instead of the 9,844 that were
initially included in earlier drafts.2 According to a report by New York Attorney General Letitia
James, COVID-19-related nursing home deaths in New York were undercounted by as much as
50 percent—resulting in thousands of nursing home deaths not being reported properly.3

Accordingly, your testimony is vital to our investigation into the effectiveness of federal
guidance and regulations implemented during the COVID-19 pandemic regarding the protection
of nursing home residents. Further, this investigation may inform legislation to enhance the
federal scientific guidance process, including the drafting, publication, and implementation of
guidances originating from CMS or CDC.

As outlined below, you have repeatedly refused the Select Subcommittee’s attempts to
schedule a transcribed interview in a reasonable timeframe. Accordingly, attached to this letter
please find a subpoena for you to appear for a deposition on May 24, 2024 in Washington, D.C.

I. Background

The Select Subcommittee has been charged with conducting oversight to inform
legislative solutions to address deficiencies and ingrain proficiencies within the federal
government. Among the inquiry’s relevant topics, the Select Subcommittee has been
investigating how the State of New York implemented CMS and CDC guidance regarding health
and safety in nursing homes.

On May 19, 2023, the Select Subcommittee requested that you participate in a voluntary
transcribed interview.4 The Select Subcommittee’s letter also included requests for documents
and communications relevant to this investigation.5 After one discussion, the Select
Subcommittee never received further information from you.

2
Jesse McKinley, et al., As Cuomo Sought $4 Million Book Deal, Aides Hid Damaging Death Toll, THE N.Y. TIMES
(Mar. 31, 2021)
3
Report of New York Attorney General Letitia James, Nursing Home Response to COVID-19 Pandemic (updated
Jan. 30, 2021), available at https://ag.ny.gov/sites/default/files/2021-nursinghomesreport.pdf.
4
Letter from Hon. Brad Wenstrup D.P.M., Chaiman, Select Subcomm. On the Coronavirus Pandemic, H. Comm. on
Oversight & Accountability, Hon. Nicole Malliotakis, Member of Congress, to Andrew M. Cuomo, Governor of
New York (May 19, 2023).
5
Id.
The Honorable Andrew M. Cuomo
March 5, 2024
Page 3

On October 10, 2023, the Select Subcommittee sent you a letter that highlighted your
failure to cooperate and reminded you that you were still expected to respond to the Select
Subcommittee’s previous requests.6 The October 10 Letter also explicitly warned you that if you
failed to comply, the Select Subcommittee would evaluate pursuing compulsory process.7

On October 11, 2023, your attorney informed the Select Subcommittee that she did not
believe that you were in possession of any documents responsive to our request.8

II. The Select Subcommittee’s December 1, 2023 Request for a Transcribed

Interview

On December 1, 2023, the Select Subcommittee again requested your testimony at a

transcribed interview, to take place on February 2, 2024.9 This request, which provided you more
than sixty days advance notice—coupled with the more than six months since the initial May 19
Letter—should have provided you sufficient time to prepare your testimony for the date
requested by the Select Subcommittee.

Unfortunately, you have only worked to delay our investigation. While the Select
Subcommittee has endeavored to work in good faith with you to schedule a transcribed
interview, including offering to conduct the interview at a location of your choosing and freely
granting extensions of time in scheduling the transcribed interview, there has been no reasonable
attempt on your part to schedule the interview.

On December 5, 2023, Select Subcommittee staff followed up with your attorney

regarding the December 1 Letter.10 The following day, your attorney acknowledged receipt, but
only informed the Select Subcommittee that she would be sending a “written response” to the
letter.11 Your attorney did not give any indication that you would decline our request to
participate in a transcribed interview on February 2, 2024.

On December 17, 2023, after not receiving a written response, Select Subcommittee staff
again followed up with your attorney regarding your status and availability for an interview on
February 2, 2024.12 Your attorney responded that she would be sending a letter that week to the
6
Letter from Hon. Brad Wenstrup D.P.M., Chaiman, Select Subcomm. On the Coronavirus Pandemic, H. Comm. on
Oversight & Accountability, Hon. Nicole Malliotakis, Member of Congress, to Andrew M. Cuomo, Governor of
New York (Oct. 10, 2023).
7
Id.
8
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Oct. 11, 2023).
9
Letter from Hon. Brad Wenstrup, D.P.M., Chaiman, Select Subcomm. On the Coronavirus Pandemic, H. Comm.
on Oversight & Accountability, Hon. Nicole Malliotakis, Member of Congress, to Andrew M. Cuomo, Governor of
New York (Dec. 1, 2023).
10
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (December 5, 2023).
11
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Dec. 6, 2023).
12
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (December 17, 2023).
The Honorable Andrew M. Cuomo
March 5, 2024
Page 4

Select Subcommittee on your behalf, but again, gave no indication that you would refuse to
testify on the requested date.13

On December 22, 2023—more than three weeks since the December 1 Letter—your
attorney sent a letter to the Select Subcommittee claiming you were unavailable on February 2,
2024—without any proposed alternative dates or any indication that you would work with the
Select Subcommittee to find an alternative date.14 Instead, your attorney requested a meeting
with Select Subcommittee staff for the first week of January, more than a month after the
December 1 Letter.15

Accordingly, on January 3, 2024, at the request of and as further accommodation to you,

Select Subcommittee staff called your attorney to discuss the requested transcribed interview.
Select Subcommittee staff discussed the Subcommittee’s investigative authority, as well as both
the mechanics and scope of a potential transcribed interview. When Select Subcommittee staff
attempted to discuss potential dates, however, your attorney declined, saying that she still needed
to speak with you about scheduling, which she suggested should be discussed during a follow-up
meeting.

On January 10, 2024, Select Subcommittee staff followed up to ask if your attorney had
any questions before a date for the transcribed interview was set.16 The Select Subcommittee
received no response.

On January 12, 2024, Select Subcommittee staff again emailed your attorney to follow up
on scheduling.17 Your attorney responded to Select Subcommittee staff with an assurance that
she would “circle back” with the Subcommittee the next week.18 However, your attorney never
did.

On January 19, 2024, Select Subcommittee staff again emailed your attorney requesting
to move forward with planning.19 After your attorney again failed to respond, Select
Subcommittee staff emailed her on January 23, 2024, requesting to meet to find a mutually
agreed upon date to have the transcribed interview.20

13
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Dec. 17, 2023).
14
Letter from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Dec. 22, 2023).
15
Letter from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Dec. 22, 2023).
16
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Jan. 10, 2024).
17
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Jan. 12, 2024).
18
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Jan. 12, 2024).
19
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Jan. 19, 2024).
20
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Jan. 23, 2024).
The Honorable Andrew M. Cuomo
March 5, 2024
Page 5

Your attorney finally responded to Select Subcommittee staff four days later, asking to
meet on January 26, 2024.21 However, less than fifteen minutes before the scheduled meeting,
your attorney’s office notified the Select Subcommittee that it would need to be rescheduled.22

Select Subcommittee staff offered you any day of your choosing during the week of
February 26, 2024 to have the transcribed interview and reminded your attorney that it had been
almost two months since the December 1 Letter and the Select Subcommittee needed to schedule
the transcribed interview.23

On January 29, 2024, your attorney requested a meeting with Select Subcommittee staff
on January 31, 2024.24 While your attorney did not respond to our request from the previous
email with dates to schedule a transcribed interview, the Select Subcommittee staff agreed. At
the meeting on January 31, 2024, however, your attorney was not prepared to work with Select
Subcommittee staff to find a mutually agreeable date for the transcribed interview. Instead, your
attorney assured Select Subcommittee staff that she would follow up once she was able to meet
with you to discuss dates. Like your attorney’s previous assurances, unfortunately, she never
followed up with the Select Subcommittee, leading Select Subcommittee staff to check with your
attorney the following week.

On February 5, 2024—more than two months after the December 1 Letter that initially
requested a transcribed interview on February 2—Select Subcommittee staff emailed your
attorney asking for a meeting to schedule the transcribed interview.25 After not receiving a
response, Select Subcommittee staff again emailed your attorney on February 7, 2024, to follow
up on our request.26

That very day, your attorney informed Select Subcommittee staff that she was out of the
country that week and would not be able to meet until the following week.27 This was not
something that your attorney informed Select Subcommittee staff one week earlier when she
assured the Select Subcommittee that she would follow up on scheduling.

Accordingly, Select Subcommittee staff met with your attorney on February 12, 2024.
Once again, your attorney did not come prepared with available dates for a transcribed interview.

21
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Jan. 23, 2024).
22
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Jan. 26, 2024).
23
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Jan. 26, 2024).
24
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Jan. 29, 2024).
25
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Feb. 5, 2024).
26
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Counsel, Andrew M. Cuomo, Governor of
New York (Feb. 7, 2024).
27
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Feb. 7, 2024).
The Honorable Andrew M. Cuomo
March 5, 2024
Page 6

Instead, your attorney informed Select Subcommittee staff that you would likely not be available
for a transcribed interview until August 2024. Select Subcommittee staff expressed concern over
this delay and informed your attorney we would be evaluating the use of the compulsory process.

On February 21, 2024, your attorney finally provided specific dates for an interview: in
August 2024—more than seven months after the date requested in the December 1 Letter.28

It is now clear that your strategy from the beginning has been to delay and undermine our
investigation. You have repeatedly and consistently dismissed, deflected, or ignored all questions
and requests from the Select Subcommittee related to your handling of nursing homes. Publicly,
you and your spokesman have downplayed our investigation—characterizing it as a political
attempt to weaponize people’s pain.29 In actuality, as elected officials, it is our obligation and
responsibility to recognize people’s pain and to address the surrounding issues that led to or
created their pain.

Your unwillingness to seriously cooperate with our requests and to negotiate a reasonable
date to participate in a transcribed interview has unjustifiably delayed our investigation. This is
unacceptable.

House Resolution 5 specifically authorizes the Select Subcommittee to investigate “the

implementation or effectiveness of any Federal law or regulation applied, enacted, or under
consideration to address the coronavirus pandemic and prepare for future pandemics” and
“executive branch policies, deliberations, decisions, activities, and internal and external
communications related to the coronavirus pandemic.”30 House Resolution 5 also expressly
authorizes the Committee on Oversight and Accountability to issue subpoenas returnable to the
Select Subcommittee.31 Consistent with House Rule XI.2(m)(3)(A)(i), and Rule 12(g) of the
Rules of the Committee on Oversight and Accountability, the Chairman of the Committee on
Oversight and Accountability has authorized the attached subpoena, compelling your appearance
at a deposition on May 24, 2024 before the Select Subcommittee.

Sincerely,

Brad Wenstrup, D.P.M.

Chairman

28
E-Mail from Counsel, Andrew M. Cuomo, Governor of New York, to Staff, Select Subcomm. on the Coronavirus
Pandemic (Feb. 21, 2024).
29
Andrew Cuomo Answers All, The Rita Cosby Show, 77 WABC AM (May 23, 2023), available at
https://wabcradio.com/episode/andrew-cuomo-answers-all-5-23-23/; Victor Nava, House COVID-19 panel requests
testimony from 4 former Cuomo admin officials, N.Y. POST (Feb. 16, 2024).
30
H. Res. 5 § 4(a)(2)(A)(iii), (vii).
31
H. Res. 5, § 4(a)(3)(A)(ii).
The Honorable Andrew M. Cuomo
March 5, 2024
Page 7

cc: The Honorable Raul Ruiz, M.D., Ranking Member

Select Subcommittee on the Coronavirus Pandemic