Cuomo FOIL'd

Politico

10 hours ago

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With help from Amira McKee
Andrew Cuomo lost more than just the Democratic mayoral primary last month.
A state judge shot down the former governor's push for taxpayers to foot his legal bills in a fight with state Attorney General Letitia James' office over a Freedom of Information Law request.
State Comptroller Tom DiNapoli — a longtime Cuomo foe — rejected the request in 2024 for the state to pay for the open records lawsuit against James — launching yet another courtroom showdown.
Last month, in a six-page decision, a state Supreme Court justice sided with DiNapoli.
'We're reviewing the decision and considering our option to appeal,' Cuomo spokesperson Rich Azzopardi said.
DiNapoli's office did not comment.
The open records case is an offshoot from the thicket of lawsuits that blossomed following Cuomo's 2021 resignation after James' office determined the ex-governor sexually harassed 11 women. Cuomo has denied any wrongdoing.
Building his defense in a federal lawsuit filed by a former State Police trooper, Cuomo's legal team subpoenaed the state attorney general's office for records related to the investigation.
A federal judge blocked the subpoena for many of the documents. The attorney general's office suggested Cuomo's attorneys file an open records request to gain access to the material.
Cuomo's team sought internal memos that contain statements from nearly 200 witnesses and unredacted interview transcripts, as lawyers seek to undermine the conclusions of James' bombshell report.
More barriers, familiar to anyone who has filed a FOIL request, arose: James' office insisted it needed half a year to fulfill the request.
So Cuomo's lawyers sued and requested the state pay his legal fees in the FOIL case — as it has in a trio of sexual harassment cases filed against him.
Though Cuomo lost his case against DiNapoli, the setback is likely not a major one when considering the broader legal dramas facing the ex-governor.
Cuomo and his former advisers have leveraged a state law that enables their legal expenses to be paid for by taxpayers. The state has spent $20.3 million to defend Cuomo and former aides, according to a tally by the comptroller's office.
(The former governor's campaign has noted, with some irony, that the state budget included a $10 million pot for James' own legal defense against a reported Trump Department of Justice probe.)
DiNapoli has come under pressure from anti-sexual harassment advocates to turn off the flow of taxpayer funds to Cuomo's attorneys. The comptroller's office has said it's following its legal obligations. — Nick Reisman
IT'S TUESDAY: Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.
WHERE'S KATHY? In Nassau County and New York City with no public events scheduled.
WHERE'S ERIC? Schedule not available as of 10 p.m. Monday.
QUOTE OF THE DAY: 'I would encourage AOC and other Democrats to actually meet with the United States Border Patrol.' — White House Press Secretary Karoline Leavitt
ABOVE THE FOLD
DCCC HITS LAWLER, WHO HITS BACK: The Democratic Congressional Campaign Committee's first national digital ad buy of the 2026 election cycle seeks to tie battleground House Republicans with their party's 'one big, beautiful bill.'
The only New Yorker on the DCCC's current list of its 35 top targets? Rep. Mike Lawler, who's deciding between running for reelection or running for governor.
The Democrats' four-figure campaign, which begins this week on Meta, is focusing on the Trump megabill's blow to rural hospitals. The Lawler-specific spot includes a photo of him and reads, 'Because of his vote, rural hospitals across America are now at risk of closing.'
The Hudson Valley Republican, who did vote for the bill, boasted in a campaign newsletter Monday that it includes a quadrupling of the state and local tax, or SALT, deduction cap. But he represents a suburban not a rural district.
'It's puzzling that the DCCC included us in this spend, given that NY-17 has zero rural hospitals and a $50 billion rural hospital fund was established by the One Big Beautiful Bill,' Lawler campaign spokesperson Chris Russell told Playbook. 'Republicans are cutting taxes for working people and retirees, and protecting and strengthening the social safety net for truly vulnerable people, while the Democrats supported raising taxes on working Americans so they could fund a welfare state for illegal immigrants and scam artists.'
Democrats are slamming the 'big, ugly bill' as the slashing of Medicaid and SNAP to fund tax breaks for the wealthy.
'Vulnerable House Republicans' incredibly cruel vote to jeopardize hospitals in their districts and across America is going to cost them their jobs and the majority,' DCCC spokesperson Viet Shelton said in a statement. 'The DCCC is making sure that every battleground voter knows that instead of lowering costs for American families, Republicans are ripping away health care for millions and cutting funding for hospitals, all to pay for massive tax breaks for their billionaire donors.'
DCCC leaders say House Dems are starting this cycle with more pickup opportunities than in 2024 and are poised to reclaim the speaker's gavel. — Emily Ngo
CITY HALL: THE LATEST
CHARTER CHATTER: Democratic City Comptroller Brad Lander and Republican City Council Minority Leader Joann Ariola were in rare agreement Monday night, with both asking Mayor Eric Adams' Charter Revision Commission to kill a proposal that would shift New York City to non-partisan primary elections where the top two candidates proceed to the general, regardless of party.
'Political parties are not perfect … but they are how we do politics here,' Lander said. 'I don't see why we would change it now, other than some sour losers want to change the outcome of an election we just ran.'
Ariola said the process would bring in 'the tyranny of the majority' and 'effectively usher in one-party rule.'
The commission heard testimony for more than four hours, with most speakers focusing on the open primary proposal — which the commission hasn't decided whether or not to put before voters in November, as Playbook reported Monday.
Government reform groups were split — Citizens Union loves it, while Common Cause asked the commission to slow it down and allow would-be supporters to build consensus, rather than push a 'very divisive' proposal.
Adams-appointed Commission Chair Richard Buery emphasized that the board was independent, but City Hall showed up to support open primaries. Adams adviser Diane Savino advocated for the proposal in her role as a commissioner, and Deputy Mayor Fabien Levy made a surprise appearance to testify as well.
'I want to be clear that my testimony here tonight has nothing to do with the results of the Democratic primary that took place two weeks ago,' he said. 'I simply believe, like I would hope many of you, that every vote should count… Some say 'country over party.' I say 'city over party.''
The commission plans to finalize ballot proposals on July 21. — Jeff Coltin
ENDORSEMENT WATCH: City Council Member James Gennaro reluctantly endorsed Adams on Monday — making him the first elected official to publicly back the mayor's reelection run.
'Serving as a City Council Member in City Hall with Mayor Adams has NOT been easy — he and I disagree about many issues, and I believe he's made a lot of mistakes, but he's infinitely better than Mamdani, in my opinion,' Gennaro said in a Facebook post, also slamming Mamdani as 'unabashedly antisemitic' and 'a hater, a liar, a Socialist.'
Adams campaign spokesperson Todd Shapiro said the mayor has 'dozens' of endorsements, but they haven't been announced yet, promising to share names 'soon.' — Jeff Coltin
More from the city:
— New York City street vendors would no longer face misdemeanor charges and jail for violating the city's vending laws, under a bill passed by the City Council. (Gothamist)
— Mark Nunez's lawsuit after getting beaten on Rikers Island led to reform in city jails, but he only got a small settlement. (Daily News)
— Mamdani got a 2140 out of 2400 on the SAT. (New York Post)
NEW FROM PLANET ALBANY
BE PREPARED: Republican state Sen. Bill Weber is mulling a House run and is signaling to people he's interested if Rep. Mike Lawler decides to run for governor.
'I'm a moderate in a very moderate district,' Weber, who flipped his Senate seat in 2022, said in an interview with Playbook. 'It leads me to be a formidable candidate.'
It's a tricky balance for Hudson Valley Republicans — a purplish area that's home to a trio of battleground House districts. Lawler's seat is expected to be highly competitive next year, and a slew of Democrats have already lined up to take him on.
Weber wouldn't run if Lawler stays put. There will be significant national attention on Lawler's seat, however, given the stakes for both parties vying to control the narrowly divided House.
'Once he makes his decision, I'd be comfortable that I can get an operation up and running as soon as possible,' Weber said. 'I know the national party will understand the importance and severity for any candidate who ends up running for that seat.' — Nick Reisman
More from Albany:
— Former Buffalo mayoral candidate India Walton says Gov. Kathy Hochul has a responsibility to endorse Zohran Mamdani. (City & State)
— New York's powerful teachers union has some questions about the Regents exams. (WTEN)
— A public hearing to assess the consumer directed care program transition has been postponed. (Spectrum News)
KEEPING UP WITH THE DELEGATION
BIG, BEAUTIFUL LISTS: House members now face the task of selling the good — if they're Republicans — and the bad — if they're Democrats — of the GOP megalaw.
One approach is to list the components of the complex domestic policy legislation.
Rep. Josh Riley, an upstate Democrat, sent a fundraising appeal Monday that used red X marks as bullet points to knock the 'GOP tax scam.'
'It will kick 1.5 million New Yorkers off their healthcare,' 'It cuts critical funding for rural hospitals that are already on the brink of closing' and 'It makes massive cuts to SNAP, which will take food off the tables of families in Upstate New York,' he listed.
GOP Rep. Nicole Malliotakis of Staten Island used green check marks as bullet points in an X post to sell the merits of the massive legislation.
'Middle-Class Tax Cuts,' 'Secure Borders,' 'Strong Military,' 'Made in USA,' 'Eliminate Waste & Fraud' and 'Protect Our Vulnerable,' she listed.
The dueling approaches preview how Democrats and Republicans are fighting to shape the narrative on Trump's 'one big, beautiful bill' as the midterms heat up. — Emily Ngo
More from Congress:
— Former Rep. Sean Patrick Maloney is considering a political comeback and a challenge to Lawler in the Hudson Valley. (Axios)
— Senate Minority Leader Chuck Schumer is seeking a probe into National Weather Service staffing and the response to deadly flooding in Texas. (Reuters)
— Elon Musk and Andrew Yang have connected on the billionaire former Trump adviser's third-party threat. (POLITICO)
NEW YORK STATE OF MIND
— Dozens of UFOs zipped across New York City's skies during the first six months of the year. (New York Post)
— City of Albany officials are calling for action after 10 people were shot and a house burned down on a chaotic July 4. (CBS 6)
— Toll evasion at bridges and tunnels remains high despite a crackdown on 'ghost' plates. (Newsday)
SOCIAL DATA
WELCOME TO THE WORLD: Megan Hannigan, deputy chief of staff to Rep. Gregory Meeks (D-N.Y.), and Coulter Minix, deputy chief of staff to Kentucky Gov. Andy Beshear, welcomed Scotty Sullivan Minix late Friday night. Pic … Another pic
HAPPY BIRTHDAY: New York City Comptroller Brad Lander …Rep. John Mannion (D-N.Y.) … State Sen. Andrew Gounardes … Assemblymember Phil Steck … City Finance Commissioner Preston Niblack … Maureen McCormack McNeil … NYCHA's Sarah Figuereo-Rey … Yeshiva University's Jon Greenfield … Addie Jenne … NYAA's
Michael Gareth Johnson … Reuters' Steve Holland … NYT's Lara Jakes … Jim Miklaszewski … Bill Hinkle … Arlie Ziskend … Anna Quindlen … Christian Sherrill
Missed Monday's New York Playbook PM? We forgive you. Read it here.