Column / July 31, 2024

Hochul Is Using Public Money to Defend Cuomo

New York’s governor has retained a firm to challenge her own attorney general’s report on her disgraced predecessor’s predations.

Alexis Grenell
New York Governor Kathy Hochul

Self-sabotage: New York Governor Kathy Hochul is frittering away taxpayer money.


(Yuki Iwamura / Bloomberg via Getty Images)

Readers of this magazine who live in New York are likely so incensed at Kathy Hochul for blowing up congestion pricing earlier this summer—somehow managing to unite the Democratic Socialists of America and the business community in their ire—that it’s hard to imagine what could possibly match such a fantastic display of self-inflicted damage.

Hold on to your shorts.

New York’s taxpayers are already $8.2 million in the hole for disgraced former governor Andrew Cuomo’s legal bills, which doesn’t even include the cost of defending his associates, who are also being sued for covering up his abuse of public employees. But that’s not even the most offensive part. The latest twist comes to us courtesy of his successor, the woman who would not be governor but for the 168-page report on Cuomo’s extensive misconduct that was released by the office of New York Attorney General Letitia James. That report is now being called into question by lawyers at the firm Morgan Lewis, which has been retained by Hochul’s executive chamber for an initial $2.5 million to defend the state against the spate of lawsuits that have been filed by Cuomo’s victims. Yes, the governor is using public money to pay a private law firm to potentially challenge her own attorney general’s report, all on behalf of Andrew Cuomo and against his victims, whom the report confirms he harassed.

What is even happening here?

First, the why: James declined to defend the state against Cuomo’s victims. This makes sense for various legal and ethical reasons, but it’s also not that hard to imagine James throwing up into a bucket at the very thought. However, Cuomo is indemnified by the state, since the harassment happened in his official capacity as governor, and therefore he’s entitled to a taxpayer-funded defense.

Charlotte Bennett—the twentysomething staffer whom Cuomo harassed in ways both pathetic (“I need a hug!”) and creepy (“Got any other piercings?”)—is suing him for gross (in more ways than one) violations of the New York State Human Rights Law, which Cuomo himself signed into law. In April, her lawyers moved for summary judgment, largely based on the attorney general’s report, in effect saying that the defendant’s illegal behavior was already so well documented that everyone should just settle this thing and move on.

Current Issue

Cover of June 2026 Issue

But not so fast! In a counterbrief, Hochul’s lawyers argued a few slightly insane things, chief among them that since the executive chamber did not participate in the attorney general’s investigation (of which it was the subject) or have a hand in reviewing its findings, the report is therefore not a sufficiently valid basis for Bennett’s motion. Programming note: Cuomo made a legal referral to the AG’s office for this investigation, and although he does not accept its findings, he legitimized the investigation by authorizing it. The brief further tries to undermine the report by suggesting that the AG and the governor’s office were “adverse,” which of course they were, by definition. This is like taking a test, getting a bad result, and then denying that you willingly sat for it in the first place. See also: “Election, refusing to accept the results of.”

The brief also dismisses the report as the work of “Independent Investigators” that the AG merely “published,” as if the state’s highest-ranking law enforcement officer has her own imprint at Random House. The whole reason that James deputized outside counsel to investigate Cuomo’s misconduct was to avoid perceived conflicts, since Cuomo had endorsed her and they’d essentially campaigned as a ticket. It was also an attempt to ensure that a sensitive investigation into the most powerful officer in the state would be conducted by attorneys with the proper expertise and high professional integrity—that it would be the unimpeachable work not of a politician but of experienced practitioners with no ties to the political establishment, which might hope to influence the outcome.

More broadly, though, the brief introduces the notion that the executive chamber exists as an entity apart from the state, and so the AG’s report is not necessarily representative of its position. How does that square with the fact that the executive chamber requests opinions from the Department of Law all the time because it’s an official agency of the state, even though the attorney general is independently elected? It would seem to suggest that unless the governor herself investigates, no investigation is valid. By this warped logic, if Morgan Lewis says Cuomo didn’t do any of the things he clearly did, this should count more than the AG’s findings. The reason James conducted an investigation in the first place is that Cuomo’s staff failed to follow the law and their own policy for reporting sexual harassment, facts that Hochul’s office accepted as part of a settlement with the US Department of Justice, which did its own investigation.

Hochul has no legal obligation to defend the former governor; she could easily have settled the various lawsuits against him, likely for less than the millions of dollars taxpayers have already forked over. Compounding Cuomo’s attacks on the AG’s credibility and subjecting his victims to seemingly endless nonsense is a choice.

Support The Nation’s June Fundraising Campaign

With the midterm elections now firmly upon us, the question is whether Democratic candidates will do more than merely occupy ballot lines as mild alternatives to the red-hot crisis that is Donald Trump.

As Trump spends over $1 billion a day on a globally destabilizing war on Iran and admits that he doesn’t “think about Americans’ financial situation,” millions across the country are struggling with the surging costs of essentials. Democrats must seize this moment and advance bold, small-“d” populist ideas—not settle for cynical caution that once again snatches defeat from the jaws of victory.

The Nation elevates progressive ideas, movements, and elected officials achieving real change across the country into the national conversation. At the same time, our journalists are exposing how crypto and AI-funded super PACs are spending hundreds of millions of dollars to knock out candidates they oppose, reporting on the devastating impact of the Supreme Court’s evisceration of the Voting Rights Act, and sounding the alarm on attempts by red states to quickly redraw electoral maps, disenfranchising Southern Black voters.

We can play this critical role because of support from readers like you. This June, we’re raising $20,000 to power The Nation’s independent journalism in the run-up to November’s immensely consequential elections.

It’s in our power to build a more just society, and your support at this critical moment brings us closer to that bold vision. I hope you’ll donate today.

Onward,

Katrina vanden Huevel
Editor and Publisher, The Nation

Alexis Grenell

Alexis Grenell is a columnist for The Nation. She is a political consultant who writes frequently about gender and politics.

More from The Nation

Democratic Senate candidate Graham Platner at a “Fighting Oligarchy” tour event in Portland, Maine, on May 25, 2026.

Graham Platner and the Rise of White-Male Identity Politics Graham Platner and the Rise of White-Male Identity Politics

Platner’s rocket to stardom reflects something ugly that’s developed, not only on the right but the left as well.

Joan Walsh

The entrance to the CBS Broadcast Center in Manhattan, New York City, on June 2, 2026.

We Took CBS’s Money. We Won’t Trade It for Silence. We Took CBS’s Money. We Won’t Trade It for Silence.

Four Mike Wallace Scholarship recipients on the rebellion at CBS News and the future of an American institution.

Talan Collins, Santiago Campos, Sebastian Broche, and Chris Gloff

Guns and Noses

Guns and Noses Guns and Noses

Burn units.

Steve Brodner

Marco Rubio, US secretary of state, from left, US President Donald Trump, and Pete Hegseth, US secretary of defense, during a cabinet meeting at the White House in Washington, DC, on Wednesday, May 27, 2026.

The House Voted to End the Iran War. Now the Real Battle Begins. The House Voted to End the Iran War. Now the Real Battle Begins.

Congress took an important symbolic step toward reasserting its authority over war powers. But much, much more needs to be done.

Jeet Heer

Congressional District 12 candidate Nina Schwalbe participates with fellow Democrats Jack Schlossberg, Micah Lasher, and George Conway in a public forum moderated by Rabbi Ammiel Hirsch at Stephen Wise Free Synagogue in New York City on May 6. 2026.

The District 12 Candidate Nobody Is Talking About The District 12 Candidate Nobody Is Talking About

“Our democracy is in deep trouble,” says Nina Schwalbe, “from vaccines to abortion to science, to SNAP, to rule of law.”

Katha Pollitt

Tom Homan, White House “border czar,” during a television interview in Washington, DC, on June 4, 2026.

The Only Thing You Need to Know About the White House’s Aliens.gov Website The Only Thing You Need to Know About the White House’s Aliens.gov Website

It’s an attempt to rile up the MAGA base over reforms to the immigration system 60 years ago.

Sasha Abramsky