Dershowitz weighs in on AG report, Cuomo denial

ALBANY, NY (WRGB) — The state's top prosecutor concluded in her report that governor Cuomo violated state and federal law, but a footnote in the report says:

"While concluding that the Governor engaged in unlawful sexual harassment, we do not reach in this report a conclusion as to whether the conduct amounts to or should be the subject of criminal prosecution,” the report said.

"They're just vacillating. Of course they think it should be the subject of criminal prosecution. They're just afraid to say it. Everything they say leads to the inevitable conclusion that he committed crimes,” said Alan Dershowitz.

Attorney and Harvard Law professor Alan Dershowitz told CBS 6 back when we first spoke to him in March, that the governor's defense strategy would depend on what charges are filed. No charges have been filed as of now, but Dershowitz says there is now a strategy for defending the governor against the claims in this report.

"The defense strategy has to be to challenge the most serious accusations first the accusations that give rise to the action of criminal or impeachable conduct. And the strategy has to be to demand the accusers A, be named, B, subject themselves to cross examination discovery and other truth-testing mechanisms,” Dershowitz said.

The governor issued what appeared to be a pre-recorded response, where he defended how he would touch, hug and even kiss both men and women. the AG said in the report that the governor and his aides attempted to downplay his behavior as "old fashioned." the report also said that does not explain or justify his actions.

What he's suggesting is that he's following rules when he did those things than they seem to be today. Hugging and kissing today may be inappropriate but it doesn't rise to the level of criminal or civil liability. We have to keep lines straight. We have to distinguish between conduct we disapprove of conduct which may give rise to civil liability and the ultimate criminal liability,” Dershowitz said when asked if being “old-fashioned” is a defense.

Now as pressure continues to mount for the governor to resign, Dershowitz says that it will be harder for him to govern now with this report has been made public