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Thursday, January 16, 2025

Subpoena announced at congressional hearing with former New York Governor Andrew Cuomo

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U.S. Rep. James Comer representing Kentucky's 1st Congressional District | Official U.S. House headshot

U.S. Rep. James Comer representing Kentucky's 1st Congressional District | Official U.S. House headshot

WASHINGTON — Today, Select Subcommittee on the Coronavirus Pandemic Chairman Brad Wenstrup (R-Ohio) delivered opening remarks at “A Hearing with former New York Governor Andrew Cuomo.” Chairman Wenstrup began his statement by explaining that the Select Subcommittee has been threatened twice this Congress — once by the Chinese Communist Party and a second time by Mr. Cuomo through his attorney. The Select Subcommittee will not bow to either of these threats.

Chairman Wenstrup continued his remarks by explaining that today’s hearing will examine the Cuomo Administration’s March 25, 2020, Directive that resulted in the admittance of more than 9,000 potentially COVID-positive individuals to New York nursing homes. During the Select Subcommittee’s two-year investigation into New York’s pandemic response, staff and Members have reviewed more than half a million documents and conducted 10 transcribed interviews with members of the Cuomo Administration.

Chairman Wenstrup walked Mr. Cuomo through the findings of the Select Subcommittee’s investigation thus far — which can be found in a 48-page staff-level memo — and explained how New York’s March 25 Directive did not follow Centers for Disease Control and Prevention or Centers for Medicaid and Medicare Services guidance. Prior to Mr. Cuomo’s opening statement, Chairman Wenstrup also announced a subpoena to compel the New York State Executive Chamber, now led by Governor Kathy Hochul, to hand over documents related to former New York Governor Andrew Cuomo’s pandemic response and nursing home policies.

Below are Select Subcommittee Chairman Wenstrup’s remarks as prepared for delivery:

"Mr. Cuomo, I want to thank you for your willingness to participate in today’s hearing and for testifying in front of this Select Subcommittee more than two months ago.

It took issuing a subpoena to get you to then agree to testify previously so I appreciate you coming in voluntarily today.

Before we get into the substance we are here to examine, I want to tell you that this Subcommittee has been threatened twice this Congress.

Once, by the Chinese Communist Party, through its Embassy, for examining the origins of COVID-19.

And the second time, by you, through your counsel, for examining the handling of COVID-19 in nursing homes.

I can tell you – we have not and we will not bow to these threats either.

I certainly hope you did not approve of these tactics. Or perhaps you aren’t aware of them, which seems to be a consistent pattern.

Nevertheless, the Select Subcommittee is holding this hearing today to examine your Administration’s handling of the COVID-19 pandemic in New York.

Specifically, we want to focus on the issuance of a “directive,” that resulted in the admittance and readmittance – according to the AP – of more than 9,000 potentially COVID-positive individuals to nursing homes.

This Select Subcommittee has been authorized to investigate the COVID-19 pandemic and explore lessons learned – positive or negative – to better prepare for future pandemics.

Since the beginning of this Congress, we have been committed to conducting a thorough investigation. Free from influence and unafraid to follow facts wherever they may lead.

We have acted transparently. Cognizant that Americans deserve to see our work and review all available information so they can draw their own conclusions.

We are examining actions taken by Congress including measures I voted for but might want to do differently or better next time so that when another pandemic occurs, we have looked back at what worked and what didn’t establish a workable system so that we may endure it better.

This is an after-action review hoping we can predict better next time how best practices should be used during pandemics—today's hearing focuses on NY State March directive issued under Governor Cuomo's leadership during early stages covid spread throughout nation

In this investigation alone reviewed more than half-million docs conducted ten transcribed interviews members admin including yourself evidence-based testimonies received comprehensive painstaking effort find out what happened inside those walls supporting conclusions publicly released transcripts totaling over two thousand pages just America cannot move forward without first looking back includes examining directive governor think would agree state became ground zero united states earliest stages novel virus little info quickly realized particularly dangerous elderly saw deadly consequences Washington state early epicenter thousand-fold higher risk poor outcomes specifically hospitalization death older people relative younger populations critically important public health prioritize high-risk populations understood US CMS CDC March CMS issued guidance specifically directed nursing homes NOT accept positive patients unless able safely ONLY accept individuals could follow transmission-based guidelines non-binding federally issued reflected language terms such as can should consistent tone guidance "nursing home can accept resident diagnosed still under precautions long facility follows guidelines” “should admit any individual normally admitted hospitals case present”

That wasn’t case directive administration likes play semantics refer advisory clear anything Merriam-Webster defines containing giving advice refers itself first paragraph clarifies expectations receiving residents returning hospitalization accepting new admissions defines authoritative order instrument issued high-level body official carries weight uses words like shall must prohibit directs comply expedited receipt returning hospitals no resident denied solely based confirmed suspected diagnosis prohibits requiring hospitalized determined medically stable tested prior admission readmission problem medically stable still mean highly contagious language advisory non-binding supersedes prohibited means allowed prohibiting testing nowhere CDC because dubbed must admit public press rightfully inconsistent federal medical doctrine highly contagious vulnerable former commissioner department told us phone call Greater Hospital Association asking something about wanted discharge testified told needed go testified aware until April decided keep learning remained effect almost three weeks knew own name letterhead leader buck stops should look record two weeks changed methodology categorized removed out-of-facility deaths occurred altering full accounting described chose disclose number died hospitals remarked who cares doctors nurses trying save lives dying families care someone contracted died hospital matters scientifically significant know where why contracted prevent July released report blamed employees rather spokesman Rich Azzopardi described peer reviewed sure understands process effective response required willingness adapt evolving data important review actual recognize disastrous consequences considered many professionals malpractice wrote book wasn’t place filter edit truth clear someone said obvious don’t like out-of-facility deaths why made decisions account actions naming blaming others repeatedly done need help America prepared protect lives infectious diseases respiratory viruses borders beyond strong topic discussion"

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