Nick Reisman reports for New York State of Politics the New York Attorney General's office doubts whether the state can take back money former Gov. Andrew Cuomo made while writing a book in office. "There does not appear to be the statutory authority to order payment directly to the attorney general or for the attorney general to determine the recipients of such payments," Attorney General Counsel Larry Schimmel wrote to the Joint Commission on Public Ethics. JCOPE wants to recoup about $5 million because a state Assembly report found Cuomo used substantial state resources to write the book. Schimmel also wrote that the ethics commission requires a substantial basis investigation report before referring recovery matters to the attorney general and that agencies must show they have exhausted "its own collection activity" before turning it over to the attorney general's civil recovery unit. Cuomo's lawyers are elated. “JCOPE’s actions violated fundamental constitutional rights and flagrantly exceeded its statutory authority," Cuomo attorney Jim McGuire said. "It is not at all surprising that the lawlessness of JCOPE’s latest unlawful action is being recognized as just that. We remain ready to vindicate the Governor before a politically neutral body, our courts.” Read more about this story at New York State of Politics.