♪ >>> THIS IS "METROFOCUS" WITH RAFAEL PI ROMAN, JACK FORD, AND JENNA FLANAGAN.

>>> "METROFOCUS" IS MADE POSSIBLE BY -- SUE AND EDGAR WACHENHEIM III.

SYLVIA A.

AND SIMON B. POYTA PROGRAMING ENDOWMENT TO FIGHT ANTI-SEMITISM.

THE PETER G. PETERSON AND JOAN GANZ COONEY FUND.

BERNARD AND DENISE SCHWARTZ.

BARBARA HOPE ZUCKERBERG.

THE AMBROSE MONELL FOUNDATION.

AND BY -- JANET PRINDLE SEIDLER.

JODY AND JOHN ARNHOLD.

CHERYL AND PHILIP MILSTEIN FAMILY.

JUDY AND JOSH WESTON.

DR. ROBERT C. AND TINA SOHN FOUNDATION.

♪ >>> GOOD EVENING AND WELCOME TO THIS "METROFOCUS" SPECIAL REPORT.

I'M JACK FORD.

GOVERNOR CUOMO REMAINS DEFIANT TONIGHT REFUSING TO RESIGN AFTER A BOMBSHELL REPORT FOUND THAT HE HAD SEXUALLY HARASSED NEARLY A DOZEN WOMEN.

JUST YESTERDAY INDEPENDENT INVESTIGATORS WHO HAD BEEN APPOINTED BY NEW YORK ATTORNEY GENERAL LETITIA JAMES RELEASED THEIR LONG-AWAITED FINDINGS.

THEY CONCLUDED, AMONG OTHER THINGS, THAT THE GOVERNOR ENGAGED IN UNWANTED GROPING, KISSING AND HUGGING.

THEY ALSO FOUND THAT THEY VIOLATED MULTIPLE STATE AND FEDERAL LAWS WHICH CREATED WHAT THEY DESCRIBED AS A TOXIC WORKPLACE.

THE GOVERNOR IS NOW FACING MOUNTING CALLS TO STEP DOWN INCLUDING FROM PRESIDENT BIDEN, A ONE-TIME ALLY, BUT HE CONTINUES TO ADAMANTLY MAINTAIN THAT IN HIS WORDS HE NEVER TOUCHED ANYONE INAPPROPRIATELY OR MADE INAPPROPRIATE SEXUAL ADVANCES.

SO WHERE DOES NEW YORK STATE GO FROM HERE?

WHAT KIND OF LEGAL EXPOSURE MIGHT THE GOVERNOR STILL BE FACING?

WHAT ROLE COULD THIS REPORT PLAY IN A POSSIBLE IMPEACHMENT AND REMOVAL PROCEEDING AND WHAT ABOUT THE ME TOO MOVEMENT?

HOW DID IT HELP BRING ABOUT THIS MOMENT?

WELL, FOR A MUCH CLOSER LOOK AT THESE CRITICAL ISSUES, IT IS MY PLEASURE TO WELCOME IN TONIGHT'S PANEL AND THEY ARE JOINING US.

>> FIRST, JENNIFER ROGERS, A FORMER FEDERAL PROSECUTOR WHO WORKED ALONGSIDE ONE OF THE INVESTIGATORS BEHIND THIS REPORT.

AMONG OTHER THINGS SHE'S A PROFESSOR AT COLUMBIA SCHOOL OF LAW.

WENDY MURPHY IS A VICTIMS RIGHTS ADVOCATE AND ADJUNCT PROFESSOR AT NEW ENGLAND LAW BOSTON.

SHE'S ALSO A FORMER SEX CRIMES PROSECUTOR.

MELISSA KATZ IS DEPUTY EDITOR AT THE CITY.

THE NON-PROFIT NEWS OUTLET THAT'S BEEN CLOSELY FOLLOWING THIS STORY.

WELCOME TO ALL OF YOU.

THANK YOU FOR JOINING US.

WE HAVE A GREAT DEAL FOR US TO TALK ABOUT HERE TODAY SO LET'S GET STARTED WITH THAT, AND TO DO THAT, ALISA, I'M GOING TO ASK YOU AS THE REPORTER HERE TO SET THE STAGE FOR OUR SUBSEQUENT CONVERSATIONS BY PROVIDING US THE HEADLINES THAT CAME OUT OF THIS REPORT YESTERDAY.

YEAH.

SURE.

WHAT CAME OUT FUNDAMENTALLY FIRST OF ALL, WHAT YOU JUST DESCRIBED, RIGHT?

11 WOMEN HAVING BEEN INTERVIEWED BY INDEPENDENT INVESTIGATORS BROUGHT ON BY THE STATE ATTORNEY GENERAL HAD VERY CONSISTENTLY AND CORROBORATED BY OTHER WITNESSES WITH A LARGE AMOUNT OF OTHER MATERIAL SUCH AS CONTEMPORANEOUS TEXT MESSAGES AND NOTES, AND OTHER EVIDENCE, VERY CONSISTENTLY DESCRIBED, YOU KNOW, VERBAL, UNWANTED AND UNINVITED VERBAL REMARKS AND PHYSICAL TOUCHING THAT THE GOVERNOR IMPOSED ON THEM THAT HE MADE THEM FEEL EXTREMELY UNCOMFORTABLE, MOST IN THE WORKING ENVIRONMENT AND MOST INVOLVED WOMEN WHO DID NOT WORK WITH THE GOVERNOR.

FOR THE MOST PART THESE ARE WOMEN WHO WORKED IN THE GOVERNOR'S OFFICE.

SOMETIMES IN SITUATIONS WHERE THEY WERE JUST WITH HIM ONE-ON-ONE AND HE INTERACTED WITH THEM, BUT TWO OTHER THINGS ARE REALLY IMPORTANT HERE.

ONE IS THAT THE REPORT ALSO FOUND THAT THE GOVERNOR'S OFFICE ATTEMPTED TO SMEAR AND RETALIATE AGAINST ONE OF THOSE INDIVIDUALS.

LIN LINDSAY BOYLAN AFTER SHE WAS THE FIRST TO GO PUBLIC WITH HER COMPLAINTS, THAT HE HAD KISSED HER ON THE LIPS AND HE'D MADE SEXUALIZED REMARKS AND THE GOVERNOR PERSONALLY TRIED TO DISCREDIT HER AS WELL AS MEMBERS OF THE STAFF BY LEAKING PERSONNEL MATERIALS TO THE MEDIA AND FURTHERMORE THAT THE GOVERNOR'S OFFICE DID NOT FOLLOW ITS OWN PROCEDURES WHEN ANOTHER WOMAN, CHARLOTTE BENNETT REPORTED INCIDENTS AND WANTED HIM -- THERE WAS A PROCEEDER IN PLACE FOR A HUMAN RESOURCES OFFICE AND THE GOVERNOR'S OFFICE DIDN'T DO THAT AND THEY HANDLED IT INTERNALLY AND THOSE WERE THE TWO BIG TAKEAWAYS.

>> ONE OTHER THING, AND WE KNOW THAT BASED ON THE REPORT, THAT CLOSE TO 2 00 PEOPLE WERE INTERVIEWED HER AND THOUSANDS OF DOCUMENTS WERE REVIEWED AND WE ALSO KNOW THAT THE GOVERNOR HIMSELF SAT DOWN WITH AN INTERVIEW WHICH PEOPLE FOUND UNUSUAL.

JUST GIVE US A SENSE OF HOW MUCH TIME AND WHAT SORT OF A CONVERSATION THAT WAS BETWEEN THE GOVERNOR AND INVESTIGATORS.

>> SO, YES.

FROM WHAT WE KNOW, THE GOVERNOR SAT DOWN OVERALL FOR A PERIOD OF ABOUT 11 HOURS, I BELIEVE, VERY RECENTLY AND THIS IS CLEARLY AT THE END OF THE INVESTIGATIVE PROCESS WHEN OTHER INTERVIEWS HAD ALREADY BEEN COMPLETED, AND THE OTHER THING WE KNOW FROM ACCOUNTS THAT WE HAVE HEARD, AND I BELIEVE IT FROM THE INVESTIGATORS THEMSELVES IS THAT THE RESPONSES THAT CUOMO GAVE HAD MUCH LESS SPECIFICITY OR HAD MUCH MORE OF THE GOVERNOR NOT BEING ABLE TO RECALL EVENTS THAT BY CONTRAST, THE COMPLAINING WOMEN HAD REALLY RECALLED IN GREAT SPECIFICITY AND ALSO, I SHOULD ADD, WITH GREAT CONSISTENCY.

THEIR VERSION OF THE CHARLOTTE BENNETT STORY IN THE REPORT WAS COMPLETELY CONSISTENT WITH VERSIONS THAT WE SAW IN "THE NEW YORK TIMES" WHERE HE GAVE INTERVIEWS.

THAT'S WHAT WE KNOW ABOUT WHAT THE GOVERNOR SAID.

I THINK IT'S IMPORTANT TO TALK ABOUT HIS VIDEO RESPONSE, AS WELL, SO WE CAN GET TO THAT.

>> WE'LL GET TO THAT.

>> LET ME BRING IN JENNIFER AND WENDY.

BOTH FORMER PROSECUTORS AS LAW SCHOOL PROFESSORS AS LEGAL EXPERTS.

SO I'LL ASK YOU THIS FIRST.

THERE WAS A GREAT DEAL OF SURPRISE, I THINK, EXPRESSED BY A NUMBER OF PEOPLE WHEN THE ATTORNEY GENERAL SAID HERE ARE OUR FINDINGS AND WAS ASKED, SPECIFICALLY, WHERE DO YOU, THE ATTORNEY GENERAL AND THE CHIEF LAW ENFORCEMENT OFFICER OF THE STATE OF NEW YORK, WHERE DO YOU GO WITH THIS?

NO, WE HAVE DONE OUR JOB HERE.

JENNIFER, EXPLAIN THAT FROM HER PERSPECTIVE, WHAT WAS SHE SAYING WHEN SHE SAID YOU'VE COMPLETED THE JOB.

>> WELL, JACK, SHE GOT A REFERRAL TO INVESTIGATE THIS AS A CIVIL MATTER.

SHE KNEW WHAT HER OFFICE WAS IN THE POSITION TO DO AND THEY HIRED THESE INVESTIGATORS AND ISSUED THEIR REPORT.

THE QUESTION BECOMES WHAT'S GOING TO HAPPEN FROM HERE?

CIVIL ACTION, CRIMINAL ACTIONS.

SHE'S NOT IN A POSITION TO DO A CRIMINAL INVESTIGATION HERE.

THIS IS A CRIMINAL INVESTIGATION AND A SEXUAL ASSAULT, AND SEXUAL TOUCHING THAT WOULD BE LEFT TO DISTRICT ATTORNEYS SO THEN YOU TURN YOUR ATTENTION TO THAT AND WENDY WILL WANT TO WEIGH IN, TOO, AND IT IS UNLIKELY THAT YOU WILL SEE CRIMINAL PROSECUTIONS OUT OF THIS AND THERE WILL BE INVESTIGATED AND IT IS UNLIKELY GIVEN THE FACTS HERE THAT YOU WILL SEE IN THE STATUTES OF THE STATE OF NEW YORK THAT YOU WILL SEE A CRIMINAL PROSECUTION HERE AND THE LETITIA JAMES REPORT ESSENTIALLY SAID WE'RE NOT CONSIDERING CRIMINAL LIABILITY AND NOT OFFERING AN OPINION AS TO WHETHER THERE WILL BE CRIMINAL PROSECUTIONS HERE.

THEY WERE EMPLOYING A DIFFERENT STANDARD OF PROOF AND THEY WERE TRYING TO FIGURE OUT WHAT HAPPENED MORE ON THE PREPONDERANCE OF THE EVIDENCE SORT OF SCALE.

WHAT DO WE BELIEVE?

WHO DO WE BELIEVE AND NOT THINKING BEYOND A REASONABLE DOUBT, PROOF BEYOND A REASONABLE DOUBT AND THE PROOF YOU WOULD NEED TO CONVICT SOMEONE WITH THE CRIMINAL LAW IN THE TRIAL?

>> I'LL ASK YOU TO ACT AS DEVIL'S ADVOCATE HERE, IF YOU WILL.

>> AS I MENTIONED, IN THE REPORT THEY SAY THAT THERE WAS A FINDING BY THIS INVESTIGATIVE BODY THAT THERE WERE VIOLATIONS OF BOTH FEDERAL AND STATE LAW BY THE GOVERNMENT.

A LOT OF PEOPLE THINK IMMEDIATELY, IF YOU'RE VIOLATING A LAW, THAT'S A CRIME, RIGHT?

WE ALL KNOW THAT'S NOT SO.

A VIOLATION OF A CIVIL LAW IS NOT NECESSARILY A CRIME, BUT WE HAVE HEARD FINDINGS HERE ABOUT UNWARRANTED PHYSICAL TOUCHING, RIGHT?

WE ALL KNOW FROM OUR LAW SCHOOL DAYS, WHAT'S THE DEFINITION OF ASSAULT?

THE ANTICIPATION OF HARM AND YOU'RE READY TO THROW A PUNCH, THE BATTERY IS THE ACTUAL CONTACT.

SO, WENDY, ARGUE FOR ME.

IF YOU WERE REPRESENTING ANY OF THESE OR SPECIFICALLY SOME OF THE WOMEN WHO ACCORDING TO THE REPORT WERE ACTUALLY PHYSICALLY TOUCH, WHAT ARGUMENT WOULD YOU MAKE AS TO WHY THERE COULD BE SOME CRIMINAL CONSEQUENCES HERE?

>> OH, THAT'S EASY.

I DO THINK THERE SHOULD BE CRIMINAL CHARGES.

JENNIFER IS RIGHT AND THERE PROBABLY WON'T BE FOR POLITICAL REASONS AND JUST UNDER THE LAW HE SHOULD BE PROSECUTED.

THE REPORT SUPPORTS PROSECUTION EVEN THOUGH THERE WAS AN ANALYSIS UNDER A CIVIL STANDARD BECAUSE THE INDEPENDENT INVESTIGATORS FOUND THE WOMEN CREDIBLE AND IF A CREDIBLE WOMAN REPORTS BEING TOUCHED AND SHE DIDN'T WANT TO BE TOUCHED THAT'S A CRIME.

>> JUST SO WE CAN DISTINGUISH SO PEOPLE KNOW, TOUCH NOT WANTED TO BE TOUCHED.

IF I ACCIDENTALLY BUMP INTO SOMEBODY.

THAT'S NOT WHAT WE'RE TALKING ABOUT.

>> NO, NO.

>> WHAT ARE WE TALKING ABOUT TO TIE IT INTO THESE ALLEGATIONS HERE.

TO THE CONTRARY, AN ACCIDENTAL TOUCHING IS NOT A CRIME AND THAT'S NOT WHAT THE REPORT DISCUSSES.

THERE'S NOTHING IN THE REPORT THAT I SAW THAT INDICATES THAT GOVERNOR CUOMO TOUCHED SOMEONE BY ACCIDENT.

TO THE CONTRARY, ALL OF THE TOUCHINGS THAT I READ ABOUT WERE INTENTIONAL AND OFFENSIVE.

OFFENSIVE MEANING THE WOMEN SUBJECTIVELY DID NOT CONSENT TO THEM, DID NOT WANT TO BE TOUCHED.

THAT'S A CRIME AND IT'S A CRIME UNDER NEW YORK PENAL LAW FOR WHICH HE SHOULD BE PROSECUTED.

NOW SOME OF THE TOUCHINGS MIGHT NOT BE AS SERIOUS AS OTHERS.

FOR EXAMPLE, WAS THERE A TOUCH ON THE BELLY OF THE STRAIGHT TROOPER AND YES, THAT'S AN OFFENSIVE AND INTIMATE TOUCHING THAT SHE DID NOT WANT AND THAT HE COULD BE PROSECUTED FOR PROBABLY AS A ASSAULT AND BATTERY AS OPPOSED TO A SEXUAL ASSAULT, BUT THE TOUCHING OF THE BREAST ESPECIALLY THE TOUCHING OF THE BREAST AND THE TOUCHING OF THE REAR END, THESE ARE INTIMATE BODY PARTS THAT CHANGE THE CALCULOUS FROM ASSAULT AND BATTERY WHICH IS A MISDEMEANOR TO A POTENTIAL FELONY OF SEXUAL ASSAULT AND THE REASON THAT'S A MORE SERIOUS CRIME IN MY OPINION IS BECAUSE THE TOUCHING OF AN INTIMATE BODY PART IS A MORE SERIOUS INTRUSION INTO THE PERSON'S AUTONOMY AND BODILY INTEGRITY.

NOT ONLY WOULD I CHARGE HIM CRIMINALLY, AND UNFORTUNATELY, IT'S A POLITICAL QUESTION AND TO ME IT'S A NO BRAINER LEGALLY THAT HE SHOULD BE CHARGED AND WILL LIKELY BE FOUND GUILTY BEYOND A REASONABLE DOUBT WHICH ANY PROSECUTOR KNOWS IF YOU HAVE A GOOD FAITH BASIS FOR BELIEVING YOU CAN PROVE A CHARGE BEYOND A REASONABLE DOUBT, YOU SHOULD FILE THE CHARGE AND IT DOESN'T MATTER THAT IT'S THE GOVERNOR.

YOU SHOULD DO IT AND YOU ARE PAID BY THE PEOPLE TO PROTECT THE PEOPLE AND THIS IS AN AWFUL LOT OF WOMEN SUFFERING.

SO FOR ME, I WOULD NOT ONLY -- IF I WERE A PROSECUTOR, I WOULD NOT ONLY CHARGE.

I WOULD PROBABLY ADD A HATE CRIME DESIGNATION.

I WOULD ADD A HATE CRIME CHARGE BECAUSE IT IS A HATE CRIME IN NEW YORK.

NOT ALL STATES BECAUSE WOMEN ARE PROTECTED UNDER HATE CRIME LAW IN NEW YORK, AND IF YOU CAN SHOW A PATTERN FOR TARGETING WOMEN FOR SEX-BASED HARM, THAT'S A HATE CRIME AND THE REPORT IS VERY CLEAR.

THIS GUY HAS A PATTERN OF TARGETING WOMEN FOR SEX-BASED OFFENSES.

MOST OF THEM ARE CIVIL IN NATURE, BUT WHEN WE SAY CIVIL WE ARE ALSO SAYING CIVIL RIGHTS.

WHAT DOES CIVIL RIGHTS MEAN THAT'S DIFFERENT FROM CIVIL?

IT MEANS THAT A PERSON WAS HURT BECAUSE OF WHO THEY ARE IN SOCIETY AND BECAUSE THESE WERE WOMEN AND THAT'S WHY THEY WERE HURT BY HIM AND YES, A CIVIL RIGHTS CASE IS CIVIL IN NATURE, BUT BECAUSE IT'S A CLASS-BASED OFFENSE, I THINK IT ADDS TO THE ARGUMENT THAT ANY PROSECUTOR WITH THE OPPORTUNITY TO FILE A CRIMINAL CHARGE SHOULD DO SO BECAUSE SOMETHING SHOULD HAPPEN, SOMETHING VERY SERIOUS SHOULD HAPPEN TO THIS MAN AND A REPORT THAT SIMPLY CONDEMNS HIM FOR BEING OFFENSIVE IN A WAY THAT THE REPORT DOES IS INADEQUATE.

IT'S INADEQUATE.

HE'S UNFIT FOR OFFICE AND HE SHOULD GO TO JAIL.

>> I DO WANT TO GET INTO THE POLITICAL ASPECT OF THIS AND ONE LAST QUESTION ON THE CRIMINAL PART AND THEN I WANT TO GET INTO, WENDY, WHAT YOU JUST OPENED THE DOOR TO AND WHAT CIVIL LITIGATION.

WE KNOW WHAT THE ATTORNEY GENERAL SAID AND IT IS NOT MY FUNCTION TO MOVE FORWARD WITH THIS, BUT WE ALSO KNOW THAT THERE WAS AN INDICATION THAT ONE OF THE ALBANY COUNTY PROSECUTOR, I BELIEVE, HAS -- IS LOOKING AT THIS.

EXPLAIN TO US HOW THAT WOULD HAPPEN.

IF THE ATTORNEY GENERAL SAYS NOT ME, NOT MY OFFICE, BUT YET SOMEBODY ELSE IS OUT THERE THAT COULD POSSIBLY LOOK AT IT.

WHAT COULD POSSIBLY COME FROM THIS AND WHO WOULD BE SHEPHERDING THIS, IF YOU WILL?

.

SO THE ALBANY DISTRICT ATTORNEY IS DAVID SOARES, AND THE GROPING UP UNDER THE BLOUSE WHICH IS THE MOST SERIOUS ALLEGATION OR FINDING, NOT JUST AN ALLEGATION NOW, BUT FINDING BY THE REPORT IS POTENTIALLY A NEW YORK CRIME, FORCIBLE TOUCHING.

WHAT HAPPENED WAS WHEN THAT CAME TO LIGHT THERE WAS A REFERRAL MADE FROM THE GOVERNOR'S OFFICE TO THE DISTRICT ATTORNEY INIAL GH ALBANY COUNTY AND THEY REFER IT TO THE POLICE AND PROSECUTORS AND THAT'S WHAT THEY DID.

AT THE TIME IT WAS REPORTED THAT THE COMPLAINANT, EXECUTIVE ASSISTANT 1 WAS NOT MAKING A FORMAL COMPLAINT, THAT SHE WAS NOT COOPERATIVE IN AN INVESTIGATION AND THEY HADN'T OPENED AN OFFICIAL INVESTIGATION AND IT LOOKED LIKE FROM THE REPORTING YESTERDAY THAT SOARES AND HIS OFFICE WERE OFFICIALLY INVESTIGATING IT AND ONE THING I WILL SAY AND I HATE TO TOUSLE WITH WENDY AND HER AREA OF, PER TEES, BUT I DON'T THINK ANY PROSECUTOR WILL PROCEED WITHOUT A WILLING COMPLAINANT.

>> TO UNDERSTAND -- SO UNDERSTAND, TECH NENICALLY A PROSECUTOR CAN MOVE FORWARD WITH THE CASE EVEN IF A PERSON IS SAYING I REALLY DON'T WANT TO.

>> CORRECT.

>> AS YOU SAY, PRACTICALLY, IS THAT SOMETHING THAT WILL BE EFFECTIVE?

>> I MEAN, HE NEEDS TO CONSIDER IN TERMS OF HIS PROSECUTORIAL DISCRETION, AND YOU CAN CALL IT A POLITICAL CALCULATION, BUT I THINK IT'S FAIR TO SAY PROSECUTORS HAVE TO SAY THESE DECISIONS ALL OF THE TIME.

IT'S NOT ONLY A POLITICAL CALCULATION.

IT'S THINKING ABOUT HOW YOU USE YOUR DISCRETION.

SO IF YOU'RE THINKING ABOUT PROCEEDING WITH THE CASE, DO YOU HAVE A WILLING COMPLAINANT THAT WILL VOLUNTARILY GET ON THE STAND, TELL WHAT HAPPENED TO HER.

>> AND WHO HAS TO BECOME NO LONGER ANONYMOUS, BY THE WAY.

IF YOU'RE GOING MOVE FORWARD.

HE'S BEEN ANONYMOUS, SO PRESUMABLY SHE'S NOT YET WORRIED ABOUT GOING TO BE PUB, AND WILL I DO THAT WITHOUT HER FULL COOPERATION.

I DON'T KNOW IF YOU CALL IT POLITICAL OR PROSECUTORIAL DISCUSSION, DO YOU GO AFTER THE GOVERNOR FOR, VENT AND WE HAVE IT SEE IF IT'S WORLD WIRE IN THIS CASE FROM YOUR% PECULIARIVE.

>> I WANT TO TURN AROUND ABOUT WHEN WE TOUCHED BASE ON IT ABOUT THE IDEA OF CIVIL CONSEQUENCES HERE.

IN TERMS OF THESE COMPLAINING WITNESSES HERE, HAVE YOU SEEN OR HEARD ANYTHING ABOUT AN INTENTION.

THEY KIND OF HAVE A ROAD MAP HERE WITH THIS, BUT AN INTENTIONAL TO ENGAGE IN CIVIL LITIGATION?

>> YES.

I MEAN, CERTAINLY YESTERDAY, AND I ACTUALLY DO NOT KNOW WHICH COMPLAINANT IT WAS, BUT I HAD SEEN A REPORT YESTERDAY THAT AT LEAST ONE HAS SIGNALED AN INTENTION TO FILE CIVIL LITIGATION AND TO BE CLEAR, I'LL DEFER TO MY COLLEAGUINGS IN THE LAW TO TO PROVIDE MORE SPECIFIC, BUT THE REPORT FOUND THAT CUOMO HAD VIOLATED AS EVIDENCE, THEY HAD VIOLATED THE LAW BOTH AT THE FEDERAL AND STATE LEVEL, RIGHT?

YOU HAD FEDERAL LAW WHICH SAYS YOU HAVE TO FIND SEVERE OR PERVASIVE CONDUCT THAT CREATES A HOSTILE WORK ENVIRONMENT AND STATE LAW AND THIS IS A VERY INTERESTING ASPECT OF THIS HAS A DIFFERENT STANDARD AND THAT CHANGED IN 2019 AND IT'S CHANGED BECAUSE GOVERNOR CUOMO HIMSELF HAD SIGNED A BILL AND THAT A WOMAN HAS TO BE TREATED AS POORLY OR INFERIOR BECAUSE OF THEIR GENDER, RIGHT?

IT APPEARS THAT THAT LAW MAY HAVE HAD A CLAUSE THAT EXCLUDES THE STATE OFFICIALS AND STATE OFFICES FROM THAT, BUT NONETHELESS, THE POLITICAL REALITY EXISTS, AS WELL, THAT CUOMO SIGNED THIS LAW.

SO RIGHT THERE YOU JUST HAVE, YOU KNOW, YOU TALK ABOUT A ROAD MAP.

THEY WENT SPECIFICALLY INTO THE LAW AND WHERE LIABILITY MAY LIE.

YEAH.

>> GO AHEAD, FINISH YOUR THOUGHT.

>> OH, NO.

I THINK WHAT YOU'RE ALSO TALKING ABOUT IS THIS IS NOT TECHNICALLY CIVIL LIABILITY AND WE TALK ABOUT WHAT IS A POLITICAL PROCESS AND THAT IS THE POSSIBILITY OF IMPEACHMENT.

>> HOLD THAT THOUGHT FOR A SECOND BECAUSE I WILL GET TO THAT, I PROMISE.

AS WE KNOW AND PEOPLE SHOULD KNOW, THE DIFFERENCE BETWEEN CRIMINAL PROCEEDINGS AND CIVIL PROCEEDINGS, CIVIL ARE PERSON AGAINST PERSON AND NOT PERHAPS THE POTENTIAL OF JAIL OR CRIMINAL FINE, AND WE CAN EXPECT THAT, I THINK.

A COUPLE OF YOU, I THINK, THIS NOW -- THIS REPORT IS ESSENTIALLY A ROAD MAP FOR LAWYERS TO FOLLOW IN TERMS OF REPRESENTING THESE 11 WOMEN INVOLVED.

WENDY, LET ME ASK YOU THIS.

WE SAW IN ALMOST IMMEDIATELY A TAPED RESPONSE BY GOVERNOR CUOMO.

IT WAS NOT POINT BY POINT, ALTHOUGH THERE WAS SOMETHING POSTED, I BELIEVE, ON THE WEBSITE THAT WAS A MOTOR SPECIFIC SORT OF POINT BY POINT, PERSON BY PERSON REPUTATION, IF YOU WILL, BUT WE SAW THE GOVERNOR COME OUT AND OFFER UP HIS VIEW ASKS POSITIONS.

>> FIRST QUESTION FOR YOU, WERE YOU SURPRISED FIRST THAT HE DID IT AND SECONDLY THE MANNER IN WHICH HE DID THAT.

>> I WAS SURPRISED IN BOTH BECAUSE FRANKLY, I DON'T THINK THERE WAS ANYTHING HE COULD SAY THAT WOULD BE APPROPRIATE.

IF I WERE ADVISING HIM I WOULD HAVE SAID SAY NOTHING BECAUSE THERE'S NOTHING YOU CAN SAY.

INSTEAD, HE CHOSE TO DO WHAT I THINK WAS AN EVEN WORSE RESPONSE THAN HE PROBABLY SHOULD HAVE GIVEN IF HE CHOSE TO SAY ANYTHING AT ALL.

IN OTHER WORDS, HE MADE THINGS MUCH, MUCH WORSE FOR HIMSELF BOTH POLITICALLY AND TO MY OPINION LEGALLY BECAUSE HE WAS SO ARROGANT.

HE CYHOSE TO ACCUSE ALMOST ALL F THEM OF LYING.

IF THIS WERE ONE WOMAN YOU CAN SORT OF GET AWAY WITH THAT, BUT NOBODY BELIEVES THAT ALL 11 WOMEN ARE LYING AND YET HE TOOK THAT POSITION.

HE BASICALLY SAID THIS IS ALL A CONSPIRACY POLITICALLY.

FOR POLITICAL REASONS AND THERE MIGHT BE THAT THERE MIGHT BE POLITICAL MOTIVES BEHIND SOME OF WHAT'S GOING ON AND IT ALSO A CREDIBLE CASE.

SO WHEN HE SUGGESTED THAT IT WASN'T A CREDIBLE CASE I REALLY -- I THINK HE CAME ACROSS AS EXACTLY THE KIND OF PERSON WHO IS LIKELY TO COMMIT THESE OFFENSES AGAINST WOMEN.

THE MORE ARROGANT YOU ARE IN YOUR DENIAL THE MORE LIKELY YOU ARE TO EXPRESS ENTITLEMENT TO WOMEN'S BODIES AND SPACES TO DO THESE THINGS THAT HE'S ACCUSED OF.

I THINK IT MADE HIM LOOK MUCH MORE GUILTY AND I THINK IT MEAT HIM MORE POLITICALLY VULNERABLE BECAUSE ESPECIALLY WHEN YOU'RE TALKING ABOUT THIS MOMENT IN TIME, AND I KNOW WE'LL GET TO THE ME TOO STUFF IN A BIT, BUT YOU'RE A POLITICIAN, AND YOU HAVE TO THINK ABOUT HOW WOMEN AS A CLASS OF PEOPLE VET AND HOW THEY FEEL, VIOLENCE AGAINST WOMEN IS SEX DISCRIMINATION.

I DON'T WANT PEOPLE IN OFFICE TO CONTINUE TO HAVE THIS AT ALL.

>> I THINK HE PORTRAYED THIS AMERICAN THAT HE WAS WILLING TO CALL THEM LIAR, COME UP WITH COCKAMAMIE, KUSES.

TO ME IT MATT MADE ME LIKE ARE LOOK LIKE A PATHOLOGICAL SAWEDIST.

LIKE A LOT OF PEOPLE THAT GET ACCUSED OF BAD THINGS.

SOMETIMES SAYING NOTHING IS THE BEST COURSE.

>> LET'S LOOK BACK AT THE POLITICAL.

WE HAVE ABOUT FIVE MINUTES AND I WANT TO TALK ABOUT THAT AND THE IMPACT OF THE ME TOO MOVEMENT.

THERE WERE PARALLELS TO PRESIDENT CLINTON.

IF YOU REMEMBER, I DID NOT HAVE SEXUAL RELATIONS WITH THAT WOMAN, MISS LEWINSKY, WAGGING HIS FINGER AT THE PUBLIC AND A NUMBER OF PEOPLE HAVE MADE THAT COMPARISON, BUT LET'S TALK ABOUT NOW, ALISA, WHERE THIS IS BECAUSE WE KNOW THERE WAS TALK MONTHS AGO ABOUT BEGINNING AN IMPEACHMENT FROM SEEDING.

SOME PEOPLE SAID YES, AND I'M TALKING ABOUT DEMOCRATS NOW SAID LET'S WAIT HERE.

WHERE ARE WE NOW IN TERMS OF THE ASSEMBLY BECAUSE THAT WOULD BE THE FIRST STEP?

>> RIGHT.

I THINK WE CAN GO RIGHT BACK TO THAT VIDEO AND THE QUESTION WENDY ASKED OF WHY WOULD THE GOVERNOR PUT THIS OUT?

I THINK IT'S THE STATE ASSEMBLY AND THE POSSIBILITY OF THEM BEGINNING IMPEACHMENT PROCEEDINGS THAT IS EXACTLY THE AUDIENCE, RIGHT?

AND THE AUDIENCE WHAT CUOMO PRESENTED INCLUDED A MONTAGE OF PHOTOGRAPHS SHOWING HIM AFFECTIONATELY HUGGING OTHER POLITICIANS AND MEMBERS OF THE PUBLIC AND PART OF POLITICAL LIFE AND THE MESSAGE WAS ALSO VERY MUCH, AND HE INCLUDED OTHER PHOTOS AS WELL OF OTHER POLITICIANS HUGGING OTHER PEOPLE.

THE MESSAGE TO THE ASSEMBLY WAS, THIS IS POLITICS, YOU ALL KNOW THIS.

>> THERE, BUT FOR THE BRACE OF GOD GO YOU.

AND SO ON.

WHERE IT STANDS NOW IS THE ASSEMBLY HAS BEEN DUCKING AN INVESTIGATION WHICH, OF COURSE, INCLUDES ALSO HIS CONDUCT REGARDING NURSING HOME DEATHS AND INVOLVES A TAPENCY, FROM THE ATTORNEY GENERAL -- AND THAW WILL BE MOVING TOWARD SOME KIND OF ACTION, IS THAT CUOMO HAS NO SUPPORT BETWEEN HIS OWN PARTY AND THAT'S THE DIFFERENCE BETWEEN THIS AND THE CLINTON IMPEACHMENT AND THE DONALD TRUMP IMPEACHMENT THAT KCUOMO HAS HIS OWN LIEUTENANT GOVERNOR.

>> IT IS HEADING TOWARD SOME SORT OF AN BELIEVING TAKING PLACE AND IF YOU'RE COUNTING HEADS IN THE ASSEMBLY AND YOU ARE REPRESENTING THE GOVERNOR YOU HAVE TO BE CONCERNED.

I HAVE TWO MINUTES LEFT SO JENNIFER AND WENDY, I WANT TO COME WITH YOU ON THIS, AND BOTH OF YOU HAVE BEEN INVOLVED IN THIS.

TALK ABOUT THE ME TOO MOVEMENT.

THE IMPACT DO YOU THINK IT HAD GETTING TO THIS MOMENT AND BASICALLY IT GOES TO TEN YEARS AGO WOULD WE HAVE EVER SEEN THIS HAPPEN?

JENNIFER, YOU FIRST.

>> WELL, I DON'T THINK WE WOULD HAVE, AND I DO THAT YESTERDAY'S REPORT IN ITS CLEAR AND UNEQUIVOCAL STATEMENT THAT THESE WOMEN WERE HARASSED.

THEIR STORIES WERE CREDITED AND CORROBORATED AND I DO HOPE IT BRINGS THEM COMFORT IN THE PROCESS IN THE WAY THIS THING PLAYED OUT AND MANY OF THEM WERE TERRIFIED TO COME FORWARD AND WE STILL HAVE SOME THAT ARE ANONYMOUS AND DON'T WANT TO BE PUBLICLY IDENTIFIED.

THIS IS A SCARY THING TO HAPPEN WHEN YOUR BOSS HAS CLOSED THE DOOR WITH HIM AND HE'S SAY BEING PUBLICLY -- I THINK IT IS POWER FOR THESE WOMEN AND LET'S HOPE THE MOMENTUM CONTINUES AND THEY THEY FEEL, AND YOUR MESSAGE, FOR INSTANCE, IN THE CLASS THAT YOU TEACH.

WHAT WOULD YOU SAY ABOUT THIS?

>> I WOULD SAY, LOOK, THIS IS AN EXTREMELY POWERFUL MAN IN ONE OF THE MOST POWERFUL STATES IN THE COUNTRY AND SEEMINGLY PROTECTED BY A LOT OF PEOPLE NATIONALLY AND YET THESE WOMAN CAME FORWARD AND THEY WERE BELIEVED.

IF THEY CAN COME NOR WARD AND BE BELIEVED YOU CAN, TOO.

THERE'S NO SHAME.

IT IS SHAME ONLY BECOME THE WITH THE MATTER.

IT IS NOT JUST TRUTH, BUT ACCOUNTABILITY AND IF THIS REPORT DOESN'T LEAD TO SOME FORM OF MEANINGFUL ACCOUNTABILITY I FEEL IT MAY UNDERMINE THE ME TOO MOVEMENT.

IT'S NOT GOOD ENOUGH FOR ME -- >> WHAT HAPPENS NEXT ESSENTIALLY.

>> EXACTLY.

>> WENDY MURPHY, JENNIFER RODGERS, ALISA KATZ YOU'VE ALL BEEN WONDERFUL AND THANK YOU FOR HELPING US UNDERSTAND THIS.

WE WILL TALK WITH YOU AGAIN VERY SOON.

>>> "METROFOCUS" IS MADE POSSIBLE BY -- SUE AND EDGAR WACHENHEIM III.

SYLVIA A.

AND SIMON B. POYTA PROGRAMING ENDOWMENT TO FIGHT ANTI-SEMITISM.

THE PETER G. PETERSON AND JOAN GANZ COONEY FUND.

BERNARD AND DENISE SCHWARTZ.

BARBARA HOPE ZUCKERBERG.

THE AMBROSE MONELL FOUNDATION.

AND BY -- JANET PRINDLE SEIDLER.

JODY AND JOHN ARNHOLD.

CHERYL AND PHILIP MILSTEIN FAMILY.

JUDY AND JOSH WESTON.

DR. ROBERT C. AND TINA SOHN FOUNDATION.