'One in a Barrage of Political Abuses': Cuomo Blasts DHS Officials Over False Statements in NY Suit Challenging Exclusion From Travel Programs
Government lawyers, however, said that the Department of Homeland Security acknowledged last week that several other jurisdictions besides New York had also placed similar restrictions on information-sharing with the federal government.
July 24, 2020 at 03:17 PM
5 minute read
Gov. Andrew Cuomo on Friday called for investigations and possible criminal sanctions after the Department of Homeland Security admitted to making false statements in a lawsuit challenging the Trump administration's move to ban New Yorkers from enrolling in federal programs intended to expedite international travel.
In comments to reporters, the third-term Democratic governor attacked the motives behind the policy and castigated federal officials, including Acting Secretary of Homeland Security Chad Wolf and his deputy Ken Cuccinelli, for using their offices to carry out acts of political exploitation.
Both men, Cuomo said, could face potential criminal and civil liability, and he called the Department of Justice and Democrats in Congress to take up investigations of the matter.
"It has hurt New Yorkers. It's hurt our economy. It's only one in a barrage of political abuses that we've endured by this federal government," Cuomo said.
The comments came on the heels of a court filing Thursday night, in which the Manhattan U.S. Attorney's Office, which is defending DHS in the suit, said that the misrepresentations from officials had "undermined a central argument" in the case.
The Trump administration had previously said that New York was unique in its refusal to give federal authorities access to state Department of Motor Vehicles records without a court order. The state's position, the officials argued, jeopardized national security, and rendered New York ineligible to participate in the Global entry and Trusted Traveler programs.
Government lawyers, however, said in the filing that DHS had acknowledged last week that several other states beside New York, as well as Washington, D.C., and a U.S. territory had also placed similar restrictions on information-sharing with the federal government.
They asked to withdraw multiple motions to dismiss and for summary judgement, as well as "all briefs and declarations submitted in support of those motions."
"These revelations undermine a central argument in defendants' briefs and declarations to date: that [Customs and Border Protection] is not able to assure itself of an applicant's low-risk status because New York fails to share relevant DMV information with CBP for [Trusted Traveler Program] purposes," Audrey Strauss, the acting U.S. Attorney for the Southern District said in the three-page letter.
"Defendants deeply regret the foregoing inaccurate or misleading statements and apologize to the court and plaintiffs for the need to make these corrections at this late stage in the litigation," Strauss said.
U.S. District Judge Jesse M. Furman of the Southern District of New York, who is presiding over the case, quickly ordered papers on DHS's decision to readmit New York would have on the case and whether the motions should be dismissed as moot.
In his remarks Friday, Cuomo questioned the reasons behind DHS' abrupt reversal, and accused Wolf and Cuccinelli of violating the oaths of their offices.
"You just realized the state of the laws in this country yesterday? Is that at all plausible. Is that at all credible," he said. "Nowhere in your oath of office does it say, 'You can use government resources to advance political purposes.'"
Cuomo and state Attorney General Letitia James have fiercely opposed the measure and have long argued that New York was being singled out for political retribution.
In February, James assailed the president for his strong-arming tactics and "xenophobic" policies, saying "we will not allow New Yorkers to be targeted or bullied by an authoritarian thug."
She filed the lawsuit Feb. 10 in Manhattan federal court.
Cuomo, likewise, has said the move was an extension of Trump's "abuse of power" in other scandals, including a bid to pressure Ukraine's president to dig up dirt on his political rival, Joe Biden, which resulted in presidential impeachment proceedings earlier this year.
"It is abuse of power. It is extortion, and it is exactly what you did at Ukraine, and you didn't learn the lesson because you believe you were found innocent. You weren't. You were acquitted. You were not exonerated," he continued.
DHS announced Thursday that it would allow New York to participate in the travel programs after the state amended its so-called Green Light Law to give federal authorities access to motor vehicle records of those who apply for trusted-traveler status and for cars being shipped in and out of the country.
The announcement did, however, attack the state for continuing to oppose information-sharing efforts with CBP and U.S. Immigration and Customs Enforcement.
"We appreciate the information sharing to CBP for the trusted travel program, which enables DHS to move forward and begin once again processing New York residents under the Trusted Travel Program," Wolf said in a statement.
"Nonetheless, local New York law continues to maintain provisions that undermine the security of the American people and purport to criminalize information sharing between law enforcement entities," he said.
In a statement Friday, James declared victory for the Trump administration "backing down" from its policy, which she called "political retribution, plain and simple."
"We will continue to defend New York's right to pass its own laws and will fight to protect our state's residents anytime they are bullied by the president because safety and fairness are not mutually exclusive under the law," James said.
Filings in the case are due by July 28.
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