Court declares watchdog that compelled Cuomo to surrender book earnings as unconstitutional

An appeals court in New York ruled on Thursday that a state commission investigating ethical violations was created unconstitutionally.

This ruling comes from a lawsuit filed by former Gov. Andrew Cuomo against the state’s Commission on Ethics and Lobbying in Government; the lawsuit concerned the watchdog agency’s attempt to force him to forfeit $5 million he earned from writing a book about his administration’s efforts during the COVID-19 pandemic.

The watchdog agency asserts that Cuomo broke his promise not to use state resources on the book. Cuomo, who denies the allegations, said that the state constitution does not grant the commission authority to prosecute him.

In a unanimous ruling, the Appellate Division of the state Supreme Court upheld a lower court ruling in favor of Cuomo. Judges wrote that the watchdog agency “though well intentioned in its actions, violated the bedrock principles of separation of powers.”

The commission was created by the state legislature and then-Lt. Gov. Kathy Hochul in 2022, replacing a previous ethics commission often criticized for not having enough independence. Lawmakers said its purpose was to restore public trust in the government after Cuomo resigned due to sexual harassment allegations in 2021. An investigation into his conduct found that he did sexually harass nearly a dozen women and worked to retaliate against one of his accusers.

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The chairman and executive director of the ethics commission said they plan to appeal the decision.

“The Commission will continue to promote compliance with the state’s ethics and lobbying laws as this matter works its way through the full appellate process,” said Chairman Frederick Davie and Executive Director Sanford Berland.