NEW YORK CITY, N.Y. - The New York Times scooped on May 20 that the U.S. Department of Justice has opened a criminal investigation into Andrew Cuomo, the former New York governor and current front-runner in the city’s Democratic mayoral primary. The inquiry focuses on Cuomo’s testimony to Congress about his administration’s handling of nursing home admissions during the early stages of the COVID-19 pandemic.

The investigation comes six weeks after the Justice Department dropped corruption charges against New York City Mayor Eric Adams and just 25 days before early voting in the primary begins. 

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Adams was indicted in September 2024 on charges that he exchanged city government favors for benefits from Turkish officials. Facing the risk of defeat in a competitive Democratic primary, the incumbent mayor announced on April 3 that he was withdrawing from the June 24 ranked-choice (RCV) contest and would instead collect signatures to run as an independent in the November 4 general election.

Adams was elected in 2021 during New York City’s first use of RCV in a mayoral primary.

RCV was adopted by NYC voters in 2019 with 72% support via Ballot Question 1. It replaced the city’s previous winner-take-all system in party primaries. The 2025 Democratic primary will mark the second time RCV is used. 

The system is considered empowering to voters, especially in a rapidly evolving race like this one, because it allows them to list second, third, fourth, or even fifth choices, giving them more flexibility if their top choice falters or proves flawed during the campaign.

The investigation into Cuomo was initiated after a referral from House Oversight Committee Chair James Comer, who alleged Cuomo gave false statements about his role in drafting a state health department report on nursing home deaths during the pandemic.

Cuomo’s spokesperson called the criminal probe politically motivated. “We have never been informed of any such matter,” he said. “This is lawfare and election interference, plain and simple.”

The US Attorney’s Office in Washington, D.C., is handling the case, which is now led by Jeanine Pirro, a former Fox News host and longtime Cuomo critic who was sworn in on May 15.

Pirro briefly pursued the Republican nomination for the US Senate race against Hillary Clinton in 2006 but withdrew to accept the party’s nomination for New York Attorney General, ultimately losing the general election to Cuomo.

The sequence of prosecutorial decisions, dismissing the Adams case and opening an inquiry into his leading opponent in the general election, has prompted renewed scrutiny over the appearance of political influence within the Justice Department. Some career prosecutors objected to dismissing the Adams case and left the department.

Cuomo is currently leading in ranked-choice polls in a field that includes Speaker of the New York City Council Adrienne Adams and former City Comptroller Scott Stringer. Both have high name recognition and are running as vocal critics of the Adams administration.

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It remains to be seen how the investigation will impact voter rankings. While some observers suggest the probe could damage Cuomo’s candidacy, others argue it may have little effect or could even rally Democratic voters who view the inquiry as politically motivated.

As RCV once again plays a central role in the outcome of New York’s mayoral primary, the Justice Department’s actions are drawing national attention, not just for their legal implications, but for how they may influence one of the most closely watched elections of the year.

Early voting runs from Saturday, June 14, to Sunday, June 22. Primary Day is Tuesday, June 24, 2025, with polls open from 6 a.m. to 9 p.m. The general election is Tuesday, November 4, 2025. New York City voters can find polling sites at the NYC Board of Elections.