Former New York Governor Andrew Cuomo is now facing possible criminal prosecution after House Oversight Committee Chairman James Comer (R-KY) formally referred him to the Department of Justice for allegedly lying under oath to Congress during testimony related to New York’s COVID-19 nursing home crisis.

The referral, reissued Monday, accuses Cuomo of knowingly making false statements to the Select Subcommittee on the Coronavirus Pandemic regarding his administration’s role in producing a state health department report that downplayed nursing home fatalities and deflected blame onto staff members.

“Andrew Cuomo is a man with a history of corruption and deceit, now caught red-handed lying to Congress during the Select Subcommittee’s investigation into the COVID-19 nursing home tragedy in New York,” Comer said. “This wasn’t a slip-up—it was a calculated cover-up by a man seeking to shield himself from responsibility for the devastating loss of life in New York’s nursing homes. Let’s be clear: lying to Congress is a federal crime. Mr. Cuomo must be prosecuted to the fullest extent of the law.”

Chairman Comer’s referral, addressed to Attorney General Pam Bondi, comes after what Republicans describe as inaction from the Biden-era Department of Justice, which did not pursue criminal charges despite a previous referral issued in October 2024. That initial referral included what lawmakers say is extensive evidence proving Cuomo not only misled Congress but played a direct role in altering a July 2020 New York State Department of Health report—an action he denied under oath.

NEW YORK, NY – JUNE 10: New York Governor Andrew Cuomo speaks at a press conference held in LaGuardia Airport’s brand-new state-of-the-art Terminal B on June 10, 2020 in New York City.

During a transcribed interview on June 11, 2024, Cuomo stated he “was not involved in the review or drafting of this Report,” had “no discussions about a peer-review of the Report,” and had “no knowledge of individuals outside the NYSDOH reviewing the Report.” According to the Select Subcommittee, all three claims are verifiably false, supported by internal communications and witness testimony.

The report in question was released on July 6, 2020, and alleged that nursing home staff, not Cuomo’s March 25 directive admitting COVID-positive patients, caused a spike in deaths. Witnesses have since testified that Cuomo not only reviewed and edited the document but was involved in its overall messaging.

A timeline released by the Select Subcommittee details a series of efforts by the Cuomo administration to manage public fallout, including underreporting the true number of nursing home deaths. That effort was challenged in January 2021, when New York Attorney General Letitia James revealed Cuomo’s team may have undercounted those deaths by up to 50 percent.

In a letter from Monday, Comer reiterated to Attorney General Bondi: “To our knowledge, the Biden Administration ignored this referral despite clear facts and evidence. Accordingly, we request you review this referral and take appropriate action.”

The letter also notes that Cuomo was allegedly involved in attempting to influence witness testimony—an accusation that surfaced in September 2024, when new documents were released showing recent communications between Cuomo and a key witness.

The original DOJ referral was signed by Rep. Brad Wenstrup (R-OH), Chairman of the Coronavirus Subcommittee, on October 20, 2024, but no action followed under Attorney General Merrick Garland.

With Trump now back in the White House and Pam Bondi leading the DOJ, House Republicans believe the time for accountability has finally arrived. “The House Oversight Committee is prepared to fully cooperate with the Justice Department’s investigation into Andrew Cuomo’s actions and ensure he’s held to account,” Comer said.

The ball is now in the Justice Department’s court.