Friend, From the very beginning we said this entire situation was a political manipulation and would be disproven when a non-corrupted legal review was conducted -- and over the past several weeks, we were proven right.
The legislature insisted that Tish James be given the authority to do the review even though she had a glaring conflict of interest in that she would not rule out running against Governor Cuomo. Any lawyer who understood their ethical obligation would never have recommended such a referral and certainly would not have accepted it. James' appointment of Joon Kim and Anne Clark also violated the legal referral mandating “independent reviewers." She told the press there were 11 violations of law without any credible basis whatsoever. The Assembly's sham report, which relied on James' conclusions in their own review, unsurprisingly mimicked her findings.
Three district attorneys have now reviewed James' report and evidence and have proven that what we said all along was correct -- the law was not broken and not a single case has been brought.
The James report was not a legal review, but a sham to generate a press frenzy and political firestorm to clear the way for her own run for higher office.
James' position that 'we believe all women' is not a legal determination made by a professional Attorney General’s office -- particularly when there is an abundance of exculpatory evidence and suspect motivations. Tellingly, James did not even apply the actual legal statutory definition of sexual harassment to the evidence which applies only to conduct between an employer and employee and excludes any behavior that to a reasonable person is "a trivial inconvenience or petty slight".
Now three district attorneys have discredited James and her office's conclusions.
The Nassau and Westchester District Attorneys found that even if the allegations were credible, they did not violate the law.
That is because, despite what Tish James said, kissing someone on the cheek, patting someone’s stomach as you walk by, putting your arm around an employee or a wedding guest while posing for a photo is not illegal -- criminally or civilly. Plaintiff lawyers overplayed their hand, and we will not pay one penny in attempts at civil extortion.
A fourth District Attorney in Manhattan found that the administration's handling of nursing homes complied with the law disputing hysteria and false claims of James and members of the legislature. Facts matter – even in politics and even in Albany.
For the last several weeks, we have remained silent while the process played itself out -- do not confuse our respect for the justice system with acquiescence.
Stay tuned.
Thank you for your continued friendship and support,
Team Cuomo
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