USAO mum on new revelation about Cuomo's e-mail deleting policy

PUBLISHED : TUES, 12 AUG 2014, 11:21 AM
UPDATED : TUES, 12 AUG 2014, 02:41 PM

As Gov. Cuomo was forming the Moreland Commission, he instituted a new policy that would purge state employees' e-mails

Did Gov. Cuomo have something to hide ? In a shocking new report, ProPublica reporter Theodoric Meyer raises new questions about an e-mail deletion policy instituted by the Cuomo administration for state employees. The new policy, rolled out last year, automatically deletes state employees' e-mails after 90 days if they are not deliberately and methodically saved for various reasons. Under new rules for archiving e-mails as records, if state employees don't make the extra, tedious effort to code e-mails under a maze of classification options, then state e-mails are left to be automatically purged, a default move that violates the spirit of government transparency and public records access that are intended to keep elected officials and state government accountable to voters. The revelation of the e-mail deleting policy comes atop of known Cuomo administration paranoia over the use of electronic communications. Two years ago, The New York Times reported that top Cuomo aides routinely communicated with the governor through unarchivable Blackberry PIN messages, to enshroud the work of running the state government's business in secret. In an Orwellian move, the New York State Archives under the Cuomo administration determined that most e-mails "are not records in need of preservation." The timing of the new e-mail deleting policy, announced under a memorandum, which the Cuomo administration kept secret for over one year, is suspect. The memorandum was dated June 18, 2013 -- just two weeks before Gov. Cuomo announced on July 2, 2013 the formation of a corruption-fighting panel named the Moreland Commission. The Moreland commissioners were deputized as assistant attorneys general and were conferred subpoena power to investigate corruption across New York state government. That Cuomo accelerated the state's e-mail deleting policy just as he was launching the doomed Moreland Commission has raised concerns amongst government reform activists. Gov. Cuomo disbanded the Moreland Commission after a host controversies, chief amongst them the coordinated activities by his own top aides to obstruct the investigative work of the Moreland commissioners and their staff, earning the ire of the powerful federal prosecutor, Preet Bharara, the U.S. Attorney for New York's southern district. Mr. Bharara sent a warning letter to Gov. Cuomo after it appeared that Gov. Cuomo was possibly engaging in witness tampering. A press official in Mr. Bharara's office was asked this morning how could voters count on the integrity of the federal investigation into the Cuomo administration's controversial acts that led to the premature closing of the Moreland Commission if Gov. Cuomo instituted a policy of deleting e-mails, but the press official refused to comment.

RELATED Why is the Cuomo Administration Automatically Deleting State Employees’ E-mails ? (ProPublica) New Cuomo e-mail retention policy kills e-mails after 90 days (The Times Union) E-mail retention memo raises new questions about the state's rationale for its deletions policy (ProPublica) Michael Hayes, LMT, has practiced massage for more than 20 years as a licensed massage therapist in New York City. The offices of Flatiron Massage are located in the Flatiron District of Manhattan.

Department of Justice had to approve federal investigation into Cuomo's interference with Moreland Commission

Department of Justice had to sign-off on Cuomo investigation : NYPOST

Preet Bharara’s investigation of Gov. Cuomo needed pre-approval from the Justice Department in Washington. In today's column, Michael Goodwin of The New York Post reminded New Yorkers that U.S. Attorney Preet Bharara's investigation into the Cuomo administration's reported obstruction of the Moreland Commission needed to be signed-off by the Justice Department. "Bharara’s office is sending public signals that the governor might even have a legal problem, a move the prosecutor wouldn’t make without a green light from the Justice Department, which holds veto power over high-profile criminal cases." Mr. Bharara, who is leading the charge on a once-in-a-lifetime renewal of government integrity, testified last year before the first hearing of the Moreland Commission, a corruption-fighting panel appointed by Gov. Cuomo and deputized by state Attorney General Eric Schneiderman. Mr. Bharara's testimony before the Moreland Commission took place one month after Kenneth Lovett of The New York Daily News reported that Gov. Cuomo's campaign committee had received $100,000 in campaign contributions from Extell Development Company in the time leading up to the governor signing into law tax breaks worth $35 million for one of the developer's projects. Eventually, Extell was reported to have contributed over $300,000 to the governor's campaign committee. These and other revelations forced the Moreland Commission to issue subpoenas to Extell and four other developers. Even before Mr. Bharara delivered his testimony before the Moreland Commission on the evening of Sept. 17, 2013, the stage was set by journalists and Moreland commissioners, who had already begun to draw attention to Gov. Cuomo's involvement in the unscrupulous machinations that makes Albany a cesspool of corruption. Leaving the only unanswered question : when did Mr. Bharara seek approval from upper level Department of Justice officials in Washington, DC ? Was it last September, as he walked into the Moreland Commission to make his entry of appearance, by which point it was already know that Gov. Cuomo was playing dirty, or was it only very recently, based on Gov. Cuomo's alleged witness tampering of Moreland commissioners, by which point it was already known that Gov. Cuomo was playing even dirtier ? As Mr. Bharara proceeds full-speed ahead on completing his office's due diligence of the unfinished Moreland Commission investigations and the separate investigation into the Cuomo administration's reported obstruction of the Moreland Commission's investigations, he has the full faith and support of the Washington office of the Department of Justice, meaning that Gov. Cuomo has no friends in D.C. to whom he could possibly appeal to, in turn, tell Mr. Bharara, "Pull it back."

RELATED Latest governor poll shows Albany needs to address the sleaze (The New York Post) A government attorney should seek pre-approval if a case consists of violations of State law, but involves prosecution of significant or government individuals, which may pose special problems for the local prosecutor. (9-110.310 Considerations Prior to Seeking Indictment) Michael Hayes, LMT, has practiced massage for more than 20 years as a licensed massage therapist in New York City.

Former Moreland Commission co-Chair William Fitzpatrick Issues Statement to Press

Former co-chair of the now-defunct Moreland Commission, Onondaga County District Attorney William Fitzpatrick, issued a press release Monday morning, addressing various issues over the premature closing of the troubled anti-corruption investigation panel. Federal authorities are investigating allegations that officials with the Cuomo administration steered investigators away from the questionable fundraising and other activities of some of the governor's big money campaign contributors.

For Immediate Release From Da Fitzpatrick 7-28-14 by Nick Reisman