Cuomo’s impeachment breakdown: here’s what could happen

More than 160 state and federal lawmakers from both sides are calling for the resignation or impeachment of New York Gov. Andrew Cuomo, which would begin with the New York State Assembly.

The Assembly on Thursday launched what could be the first step towards impeachment when it opened an investigation with full subpoena power as more details emerge of allegations of sexual misconduct against the governor and his management of COVID-19 in nursing homes.

“The Democratic Conference is taking the first step towards impeachment by opening an investigation with full summons to obtain facts and testimony under oath,” Democratic Congressman Ron Kim said in a statement.

“Some members, including myself, have argued that we have enough admissions to proceed with impeachment today, but the conference is leaning towards putting in place the process and structure towards impeachment,” a- he declared.

Almost 90% of the New York congressional delegation called for the governor’s resignation or impeachment, as have more than 80% of state senators.

If 76 of the 150 members of the Assembly call for impeachment, that would represent a majority. So far, only 40 are in favor of impeachment, while 80 want Cuomo to resign or step down.

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Only three members of Congress from New York – Representatives Hakeem Jeffries, Gregory Meeks and Tom Suozzi – did not speak out in favor of impeachment or resigation.

Cuomo reiterated that he would not resign and denied the allegations of sexual misconduct.

New York Attorney General Letitia James is investigating the harassment allegations, and Cuomo has said he will “fully cooperate” with his investigation. The FBI and the U.S. Attorney’s Office in Brooklyn are also investigating her administration’s admission that it underreported thousands of COVID-19 nursing home deaths over the summer.

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James does not have the authority to remove Cuomo from office, but any findings supporting the allegations could influence a possible impeachment proceeding – or add pressure for Cuomo to leave voluntarily.

There is no deadline to complete the investigation and James has not said how long she expects it to take. A 2010 investigation that Cuomo oversaw as attorney general into his predecessor, Gov. David Paterson, lasted about five months.

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The Assembly Judiciary Committee could draw on the work of the Attorney General’s investigative team, or gather its own evidence, which could result in the drafting of articles of impeachment against Cuomo, although this result is far from certain.

If a majority of the members of the assembly vote to impeach Cuomo, a trial over his impeachment would be held in what is called the impeachment court.

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The court is made up not only of members of the state Senate, but also of judges from the state’s highest court, the Court of Appeals, who would also vote. There are seven appeals court judges and 63 senators, but not all of them are on the impeachment court.

Democrats control both houses of the Legislative Assembly. Many have joined Republicans in calling for Cuomo’s resignation or impeachment in recent days. Cuomo appointed the seven members of the Court of Appeal.

If the Assembly votes to impeach Cuomo, state law could force him to step down immediately – a dramatic difference from what happens when the U.S. president is impeached.

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A section of the state’s judicial code regarding impeachment reads: “No officer may perform his duties, after the articles of impeachment against him have been handed over to the Senate, until he is acquitted. . “

According to the constitution of the state, the lieutenant-governor would then take over.

<< In the event that the Governor is removed from office, is absent from the State or is otherwise unable to discharge the powers and duties of the office of Governor, the Lieutenant Governor shall act as Governor until the incapacity ceases or until the term of the governor. expire, ”says the constitution.

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If Cuomo were to be acquitted by an impeachment court, he would resume his duties. If the impeachment court were to remove him from office, Lt. Gov. Kathy Hochul would serve the remainder of Cuomo’s term – until the end of 2022. The court could also choose to disqualify him from office at the future, in addition to removing it.

Fox News’ Associated Press and Remy Numa contributed to this report.