Dennis C. Vacco, a former New York state attorney general who works now with Lippes Mathias LLP, pointed out how the referral was made to James directly and it was Cuomo’s choice to hand the investigation over to her.

“To characterize any of this as normal really is an understatement,” Vacco said. “I think that the criticism of the attorney general is extraordinarily misplaced. He appointed the attorney general, she brought in outside independent counsel. There's nothing in that executive order that would suggest that she could not be involved.”

Vacco also questioned the motive of Cuomo continuing to rehash the same arguments, even though he is out of office.

“He could face the consequences of staying in office, but he chose to resign,” Vacco said. “And now to suggest that somehow the referral to the attorney general should be unwound because she is now contemplating a run for governor is ridiculous.”