New evidence has emerged suggesting that former New York Governor Andrew Cuomo may have attempted to improperly influence a witness in the ongoing investigation into his administration’s handling of nursing homes during the COVID-19 pandemic. The Select Subcommittee on the Coronavirus Pandemic released an addendum to its staff memorandum, outlining a timeline of communications between Mr. Cuomo and Dr. Jim Malatras, a former top aide. This timeline has raised concerns about potential obstruction of the investigation.
The communications from Mr. Cuomo to Dr. Malatras began coinciding with key moments in the Select Subcommittee’s investigation into the controversial March 25th directive, which required nursing homes to admit COVID-positive patients. This directive has been heavily scrutinized for potentially contributing to the high death toll in New York nursing homes.
Timeline of Concerning Contacts
The Select Subcommittee’s report details three instances of contact between Cuomo and Dr. Malatras, all occurring shortly before or after significant events in the investigation:
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Contact #1: May 17, 2023 & May 18, 2023: Following the Select Subcommittee’s first hearing on the New York nursing home investigation on May 17th, Mr. Cuomo texted Dr. Malatras the very next day. This was the first communication between them since 2021. Dr. Malatras did not respond.
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Contact #2: February 16, 2024 & February 18, 2024: After the Select Subcommittee requested Dr. Malatras appear for a transcribed interview on February 16th, Mr. Cuomo again texted Dr. Malatras within 48 hours, on February 18th. This was only their second communication since 2021, and again, Dr. Malatras did not respond.
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Contact #3: July 15, 2024: On the same day, July 15th, that the Select Subcommittee privately confirmed Mr. Cuomo’s hearing date, Mr. Cuomo contacted Dr. Malatras for the third time. This time, Mr. Cuomo called Dr. Malatras and immediately brought up the nursing home investigation, making Dr. Malatras feel “uncomfortable.”
Implications of the Contacts
Dr. Malatras holds a significant position in this investigation. He was the only witness to testify that Mr. Cuomo was directly involved in the New York State Department of Health’s July 6, 2020 Report. This report controversially suggested that nursing home staff, rather than the March 25th directive, were to blame for excess COVID-19 deaths. The Cuomo administration consistently used this July 6th Report to deflect criticism of the March 25th directive.
Recent reporting from The New York Times, along with Dr. Malatras’s testimony, indicates that Mr. Cuomo may have personally edited the July 6th Report. Given this context, Mr. Cuomo’s pattern of communication with Dr. Malatras raises serious questions. The Select Subcommittee suggests that these actions indicate an attempt by Mr. Cuomo to inappropriately influence witness testimony, potentially to conceal wrongdoing related to the March 25 Directive and the subsequent nursing home deaths.
For more detailed information, you can read the addendum to the memo here and the full memo here. The Select Subcommittee’s letter to Dr. Malatras and Dr. Malatras’ response are also available online.
