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CJA's August 26, 2021 letter
to
Acting U.S. Attorney Jacquelyn Kasulis
(EDNY) --
"HOW
IT 'GOT IN THE STATE BUDGET':
(1)
your investigation, with the FBI,
of how the immunity provision expanding protections for nursing homes and other
health care facilities during the COVID emergency 'got in the state budget';
(2)
initiation
of a criminal complaint vs Davis Polk & Wardwell, LLP, for
larceny of taxpayer money, in addition to conspiracy and fraud for
concealing, inter alia, that the immunity provision 'got in
the state budget' through knowing and deliberate violations of
constitutional, statutory, and legislative rule provisions,
so-proven by CJA's FULLY-DOCUMENTED 62 grand jury/public corruption
complaints filed with NY’s 62 district attorneys pertaining to the
FY2020-21 state budget;
(3)
supplement to CJA’s December 19, 2020 public
corruption complaint to former Acting U.S. Attorney DuCharme,
embodying CJA's October 16, 2020 public corruption complaint to the
FBI"
[delivery
receipt]
click here for how:
CJA's Immunity Provision webpage for
"how it got in the state budget"
click here for:
CJA's webpage "Bringing In the Feds",
posting CJA's October 16, 2020 FBI complaint &
December 19, 2020
public corruption complaint
to former Acting U.S. Attorney Seth
DuCharme
* *
*
US
Attorney for the Eastern District of NY -- "Public Integrity
Section"
CJA's August 28, 2021 "Civilian
Crime Report"
--
&, in answer to the question,
"Have you
previously filed a Report about this Matter with this Office
or
Any Other Federal, State or Local Agency(s)?",
see FIGHTING BACK webpage:
HERE
* * *
Section I:
News Reporting that the FBI and US
Attorney (EDNY) are
investigating how the immunity provision
"got in the state budget"
March 18, 2021
"FBI
Cuomo Probe Seeks Details on Deal to Shield Nursing Homes
from
COVID Lawsuits"
The City (Josefa Velasquez)
"In recent weeks, FBI officials have been looking to interview
members of Gov. Andrew Cuomo’s staff and other state officials about
the eleventh-hour addition to the state budget last
March, according to three people familiar with the matter.......FBI
officials started to make house calls this month, showing up at
people’s residences and leaving business cards, according to the
three sources. Investigators’
questions have focused primarily on the nursing home immunity
provision and how it “got in the state budget,”
said one legislative source..."
March 18, 2021
"Gov.
Andrew Cuomo's Office Under Investigation for Nursing Homes'
Covid-19's Liability Immunity"
Wall
Street Journal (Corinne Ramey, Jimmy Vielkind, Joe Palazzolo)
"Federal prosecutors in
Brooklyn are investigating a push by Gov. Andrew Cuomo’s
administration to enact broad protections for nursing homes
from lawsuits and criminal prosecution early in the Covid-19
pandemic, according to people familiar with the matter. ...
Federal
prosecutors’ examination of how nursing homes came to be
included in the immunity law is part of a broader probe into
the Cuomo’s administration’s actions regarding nursing homes
during the Covid-19 pandemic. Investigators’ interest in the
immunity law was earlier reported by The City, a nonprofit
news organization in New York.
Mr. Azzopardi said in a statement. 'This was passed by 111
members of the Legislature'...
Top
advisers to Democratic leaders of the New York state
Assembly and Senate were first alerted to the immunity push
by an email from Beth Garvey, a lawyer for Mr. Cuomo,
according to a legislative official. The email was sent
early in the morning of March 28 and made a broad reference
to “health care immunity,” the official said, and didn’t
include any potential legislative language.
The chairmen of the Assembly and Senate healthcare
committees, Assemblyman Richard Gottfried and Sen. Gustavo
Rivera, said the provision’s wording was negotiated without
their input.
Ms.
Biaggi said she didn’t learn of the immunity provision until
April 1—the day by which a new state budget must be in
place. A Senate official told legislators the
provision came from Mr. Cuomo’s
office, she said."
March 18, 2021
"REPORT:
FBI Now Probing Cuomo's Corporate Immunity Law"
The Daily
Poster (David Sirota, Joel Warner, Andrew Perez, Julia Rock)
March 19, 2021
"The
FBI Is Now investigating Cuomo's Corporate Immunity Law"
Jacobin (David Sirota, Joel Warner, Andrew Perez, Julia
Rock)
March 19, 2021
"FBI
reportedly investigating Cuomo role in shielding donors from
COVID liability"
The Guardian (Richard Luscombe)
May 18, 2021
"FBI
interviews top NY pol in probe of Gov Cuomo over nursing
homes, book deal"
New York Post (Bernadette
Hogan, Bruce Golding)
"Rivera said he was also asked about a provision in the
state budget adopted in April 2020
that granted nursing
homes and hospitals broad immunity from criminal
prosecutions and civil lawsuits
over their treatment of
COVID-19 patients."
June 7, 2021
"Federal
Prosecutors Subpoena Material Related to Andrew Cuomo's Book"
Wall Street Journal (Jimmy
Vielkind, Corinne Ramey)
"The federal probe is also examining the drafting
of a
state law that granted civil and criminal immunity to
nursing-home operators..."
June 7, 2021
"Feds
subpoena top Cuomo aides over nursing home policy, COVID
book"
New York Post (Bernadette Hogan, Samuel
Chamberlain)
"Investigators are also looking into a provision in the
state budget adopted in April 2020
that granted nursing
homes and hospitals broad immunity from criminal
prosecutions and civil lawsuits
over their treatment of
COVID-19 patients."
Section
II:
The Assembly Judiciary
Committee's public meetings
where, essentially, there
was virtually no mention of how the immunity provision "got in the
state budget" as an impeachment issue
March 23, 2021
April 21, 2021
May 26, 2021
June 30, 202
August 9, 2021
Section III:
Davis Polk's
fraud, conspiracy, and larcenous breach of contract,
inter alia, by concealing how the immunity
provision
"got in the budget" and that it had the
EVIDENCE to impeach
Governor Cuomo, as of April 7, 2021
1.
CJA's April 7, 2021 e-mail to Davis Polk --
"Voice mail left on
your hotline, 212-450-3600, on April 5th,
pertaining to
impeachable acts by Gov. Cuomo,
starting with insertion of the
immunity provision for nursing homes/hospitals in the 2020 budget"
linking:
CJA's webpage for immunity provision
2.
CJA's April 7, 2021 e-mail to
Davis Polk --
"The mountain of
open-&-shut, prima facie EVIDENCE of Gov. Cuomo's impeachable
criminal conduct,
laid out by CJA's June 4, 2020 grand
jury/public corruption complaint to Albany DA Soares &
March 5,
2021 conflict-of-interest/ethics complaint to JCOPE"
linking:
EVIDENTIARY webpage
for CJA's June 4, 2020 grand jury/public corruption
complaint to Albany DA --
& for the 61 other grand jury/public corruption complaints
to NY's 61 other DAs
linking:
EVIDENTIARY webpage
for CJA's
March 5, 2021 conflict-of-interest/ethics complaint to JCOPE/LEC
attaching:
CJA's March 18, 2020
letter to Governor Cuomo --
(simultaneously e-mailed
to the Legislature) --
"Your January 21, 2020 address
on the Executive Budget -- Part III:
GOOD NEWS DURING
THE CORONAVIRUS EMERGENCY--
You Can Chuck Six of Your
Seven 'Article VII Bills' Because They are
Unconstitutional.
Here's why based on analysis of the
Court of Appeals' 2004 plurality, concurring,
and
dissenting opinions in Pataki v. Assembly/Silver v.
Pataki, 4 N.Y3d 75",
with its SOLE ENCLOSURE:
CJA's August 21, 2013
letter to him
--
"Achieving BOTH a Properly Functioning Legislature & the
Public Trust Act (Program Bill #3) --
the Sine
Qua Non
for 'Government Working' & 'Working for the People'"
&
linking:
EVIDENTIARY webpage
for CJA's March 18, 2020 letter to
Governor Cuomo
&
forwarding
CJA's March 18, 2020 transmitting e-mail
linking:
CJA's VIDEO & "Paper Trail" Chronological Webpage of
EVIDENCE
from 2011 to the Present
3.
CJA's April 29, 2021 e-mail to
Davis Polk --
"STATUS: Your
investigation of CJA's April 7, 2021 e-mail, furnishing open-&-shut,
prima facie EVIDENCE of Gov. Cuomo's impeachable, criminal
conduct"
auto-reply
4.
CJA's May 25, 2021 e-mail to Davis Polk --
"Tomorrow's
Assembly Judiciary Committee meeting --
& your duties under
your contract with the Assembly,
owed to & paid by, the
People of the State of New York"
linking:
Assembly
contract with Davis Polk
AUDIO -- March 23, 2021 Assembly Judiciary Committee meeting
with Davis, Polk lawyers
5.
cc:
CJA's May 25, 2021 e-mail to Assembly Judiciary Committee Members
--
"Emergency Action & Oversight Required:
The Assembly's
taxpayer-paid counsel, Davis Polk, is in breach of its
contract
& its publicly-made promises to safeguard vs
conflicts of interest in investigating
whether Gov. Cuomo
commited impeachable acts"
CJA's FOIL for Assembly's contract retaining Davis Polk
* * *
CJA's May 24, 2021 e-mail
to Assembly Judiciary Commitee Member Catalina Cruz --
"Assembly Judiciary Committee Member Cruz' question at the
March 23rd meeting
with Davis Polk Lawyers retained for the
Committee's impeachment investigation of Gov. Cuomo"
CJA's May 24, 2021 e-mail
to Assembly Judiciary
Committee Member Mary Beth Walsh --
"Assembly Judiciary Committee Member Walsh's question at the
March 23rd meeting
with Davis Polk Lawyers retained for the
Committee's impeachment investigation of Gov. Cuomo"
Section IV:
Continuing concealment as
to how the immunity provision
"got in the state budget" by
Assembly Speaker Heastie & Chair Lavine
August 9, 2021
VIDEO -- Assembly Speaker Heastie &
Assembly Chair Lavine
August 13, 2021
"Statement from Speaker Carl Heastie on
Impeachment Investigation"
"I have asked Chair Lavine to turn over to the relevant
investigatory authorities all the evidence the committee has
gathered. ...the Eastern District of the United States
attorney has been investigating the administration’s actions
concerning nursing home data...".
August 16, 2021
"Statement from Speaker Carl Heastie
and Assembly Judiciary
Committee Chair Charles Lavine"
"The Assembly Judiciary Committee will continue to review
evidence and issue a final report on its investigation of
Governor Cuomo. In doing so, the committee will take all
appropriate steps to ensure that this effort does not
interfere with various ongoing investigations by the United
States Attorney concerning nursing home data..."
Section V:
CJA's August 16, 2021 FOIL request to Assembly & Comptroller
--
"Assembly contract with, and payments to, Davis Polk &
Wardwell, LLP
pertaining to investigation of, & services
related to,
Governor Cuomo's impeachment, Etc."
Comptroller's August 18, 2021 response
"You
can access the information you request on our website at:
https://www.osc.state.ny.us/files/state-agencies/contracts/pdf/contract-c600004.pdf.
The Office of the State Comptroller does not have any
additional records
in response to the remainder of your
request."
Section VI:
SPOTLIGHT:
NYS
Legislators Responsible for the Immunity Provision
they
Decry -- & for Perpetuating a Legislature
NOT Operating
at a Constitutional Level
"BACKGROUND
PRIMER FOR THE GRAND JURIES"
"REALITY CHECK" webpage -- Senator Alessandra Biaggi
"REALITY CHECK" webpage -- Assemblyman Ron Kim
* * *
FOOTNOTE #6 --
JCOPE
CJA’s March 5, 2021 conflict-of-interest/ethics complaint
CJA's
July 20, 2021 letter;
CJA's August 13, 2021 e-mail
* * *
CONFLICT OF INTEREST
DAVIS POLK PARTNER GREG
ANDRES, ESQ.
“Assistant U.S. Attorney, Criminal Division, U.S. Attorney’s Office,
Eastern District of New York, 1999-2012”
“Deputy
Chief, Organized Crime and Racketeering Section..., 2004-2005”
“Deputy
Chief, Criminal Division..., 2006-2007”
“Chief
of the Criminal Division..., 2007-2010”
ACTING U.S. ATTORNEY JACQUELYN KASULIS
June 21, 2021 -
"Jacquelyn
started in the Office in January 2008...
In March 2019, she was appointed Acting
Chief of the Criminal Division
and became the Chief of the Criminal
Division in June 2019...
she was appointed Chief Assistant U.S.
Attorney in March 2021."
ACTING U.S. ATTORNEY SETH DuCHARME
& here
July 10, 2020 - March 19, 2021
"Mr. DuCharme first joined the U.S. Attorney’s Office for the
Eastern District of New York
in March 2008 and has served in the
General Crimes, Violent Crimes and Terrorism,
and National
Security and Cybercrime Sections."
"[Prior to March 2019] Mr. DuCharme served as Chief of the
Criminal Division
in the U.S. Attorney’s Office for the Eastern
District of New York,
* * *
ACTING U.S. ATTORNEY MARK LESKO
& here
March 19, 2021 -
June 21, 2021
"Mr.
Lesko has served as the First Assistant United States Attorney since
March 2019.
In that role he has been second-in-command of the
U.S. Attorney’s Office
and a key decision-maker in both criminal
prosecutions and civil litigation in the Office.
Mr. Lesko
succeeds Seth D. DuCharme, who resigned on March 19, 2021."
* * *
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