LESSIG Blog

The NYTimes has an incredible story today about Governor Cuomo and his ethics commission.

According to the story, when the commission issued a subpoena to a firm that was related to Cuomo, Cuomo’s aid contacted a commission co-chair and told him, “This is wrong” and then “Pull it back.” The commission then did. 

Cuomo has already marked himself as the reform community’s biggest disappointment — grabbing  reform headlines with an ethics commission that he then hobbled, and then teasing reformers with the promise that he would get public funding of elections passed — only then to sabotage that as well. 

But this — if true — crosses a pretty important line. Many of us saw the tragedy of Eliot Spitzer as just that: a tragedy, because whatever demons led him to his wrongful and hypocritical act, they sapped America of an incredible force for change.  

The corruption here is different — and much much worse. If an aid to the chief corruption reformer in NY has corruptly interfered with a corruption investigation, then NY doesn’t need that “corruption reformer” anymore — because that’s not what he is.

If this charge is true, then this is a governor who believes himself above the law. THAT is the keystone of corruption. 

The Democrats had a chance this year to mark themselves as the party of reform (I hope not too much, or not too exclusively, because reform will only come if supported by Democrats, Republicans and Independents all, but movements need leaders, and it is good the Dems lead). But if this charge is true, then Cuomo destroys the party’s chances here. “Here’s a young, NY ‘reformer,’ in the tradition of not Teddy, but Tammany." 

If the charge is true, then Cuomo should go: as quickly as Spitzer did, for the hypocrisy here is worse, and so the party can get on to electing its next governor — hopefully this time, one honestly focused on reform.