Judge holds off on deciding whether to drop NYC Mayor Eric Adams case
Editor's Note: This page is a summary of news on issues surrounding New York Mayor Eric Adams' corruption case for Wednesday, Feb. 19. For the latest news, view our story for Thursday, Feb. 20.
NEW YORK − Embattled New York City Mayor Eric Adams proclaimed his innocence Wednesday before a federal judge considering a Justice Department motion to dismiss corruption charges against him.
U.S. District Judge Dale Ho, who did not issue a ruling, said at the hearing Wednesday he had questions about the prosecutors' unusual request to drop the charges without prejudice, meaning the case could be brought again. Several New York leaders have called on Adams to resign, alleging he is too beholden to the Trump administration and its immigration crackdown, a claim Adams has repeatedly denied.
Under questioning from Ho, Adams said he's not concerned about the charges being refiled because he had not committed a crime. "I'm not afraid of that," Adams told the judge, who was appointed by former President Joe Biden.
Ho said early in the hearing he was aware of his limited discretion in the matter, considering courts have found prosecutors are the best judges of whether a case should continue. Afterward, Ho said he would mull over his decision.
“I’m not going to shoot from the hip right here on the bench,” said Ho, who indicated a desire not to delay the case.
Adams is accused of accepting illegal campaign contributions and free travel from Turkish officials and business leaders during his first mayoral campaign. Federal prosecutors say Adams, now running for re-election, responded with favors such as expediting safety inspections for a 36-story consulate building.
Adams has pleaded not guilty, vehemently denying the charges he described as "sensational."
Bennett Gershman, a professor at Pace University School of Law north of the city, said he is almost certain Ho will grant the government’s motion and toss out the charges against Adams.
"The executive branch runs the criminal process," Gershman told Paste BN. "The court can’t prosecute the case itself."
Judge asks questions as both sides seek dismissal
In a hearing lasting more than an hour, Ho asked Adams several questions to make sure he understood the motion presented by his personal lawyer, Alex Spiro, and U.S. Deputy Attorney General Emil Bove.
Bove sat alone and delivered the prosecution’s arguments. Over the last week, eight federal prosecutors, including some on the case, resigned in protest of the department’s decision to dismiss the case. Ho also asked Spiro and Bove several questions. Even though the two stood on opposite sides of the aisle, they agreed on motions to dismiss the case without prejudice.
Bove wrote in his motion that the Justice Department did not assess "the evidence or the legal theories" of the case against Adams. Instead, the former criminal lawyer for President Donald Trump said the charges were keeping Adams from devoting "full attention and resources to the illegal immigration and violent crime.”
Adams has denied he agreed to cooperate with the Trump immigration enforcement in exchange for the charges being dropped, but Bove argued it doesn't matter because it's up to the department to decide whether to stop pursuing a case.
"I don't think it's correct that even if there was a quid pro quo there would be an issue with this motion," Bove said.
Jeers, pledges and the 'different dynamic' of Adams' hearing
After the hearing, hecklers yelled at Adams to resign as he walked down the courthouse stairs on the way to his motorcade.
Bove issued a fiery statement echoing pledges made by Trump and vowing to press on with the president's agenda.
“For those at the Department who are with me in those battles and understand that there are no separate sovereigns in this Executive Branch, we’re going to do great things to make America safe again,” the statement said. "For those who do not support our critical mission, I understand there are templates for resignation letters available on the websites of the New York Times and CNN.”
John DeFelice, a software engineer from New Jersey, braved freezing temperatures to attend the hearing after going to Trump's trial last spring and Adams' indictment in September.
“What's interesting is you have the prosecution and the defense, and they both want the same thing: They both want it dismissed,” said DeFelice, 66. “And yet, the judge is left in the middle, which is a different dynamic.”
Common Cause seeks special prosecutor for case
The government-reform group Common Cause has filed a motion urging Ho to appoint a special prosecutor, claiming that because the government wants the indictment dismissed "no party before the Court is representing the public interest."
Gershman, however, expressed doubt Ho would appoint a special prosecutor.
"That prosecutor would have to have the cooperation of the Department of Justice," Gershman said. "Given what they have already done, it’s a certainty they will not cooperate."
Minister wants voters to decide fate of Adams
The Rev. Ruben Diaz Sr., a conservative Democratic councilman from the Bronx who endorsed Trump, joined scores of people looking to get inside the federal courthouse Wednesday. He was there along with other Hispanic clergy to show support for the mayor and against Gov. Kathy Hochul removing Adams, which she is considering. Diaz believes the voters can decide whether Adams should remain in office at the polls during the June primary.
“If we live in a democracy, we should be realistic that the people democratically will decide in June whether they want him or whether they don’t,” he said in Spanish.
Protesters rally ahead of federal court hearing
Demonstrators and city leaders stood outside Tweed Courthouse near City Hall in the freezing cold Wednesday, protesting against Adams before his federal court appearance around the corner. The couple hundred demonstrators are pushing to restore funding cuts to the upcoming city budget, saying the mayor cannot in good faith oversee city funds with the Trump administration over his shoulder.
“We need honest, effective leadership at City Hall,” city Comptroller Brad Lander, a Democratic candidate for mayor, told the crowd. “Anyone can see, right now, we don’t have it. We can't have a mayor who's compromised, who works for Trump and (Elon) Musk and not for us.”
What charges does Adams face?
Adams, 64, is charged in a September indictment with one count of conspiracy to receive campaign contributions from foreign nationals and commit wire fraud and bribery, which carries a maximum sentence of five years in prison.
He is also charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison; two counts of soliciting campaign contributions from foreign nationals, which each carry a maximum sentence of five years in prison; and one count of soliciting and accepting a bribe, which carries a maximum sentence of 10 years in prison.
The indictment claims Adams and his aides repeatedly took steps to "shield his solicitation and acceptance of these benefits from public scrutiny." Adams did not disclose the travel benefits and sometimes agreed to pay a nominal fee to create the appearance of having paid for travel, according to prosecutors.
The mayor is also accused of creating and having aides create fake paper trails and of deleting messages with others involved in his misconduct.
“As alleged, Mayor Adams abused his position as this city’s highest elected official, and before that as Brooklyn Borough President, to take bribes and solicit illegal campaign contributions," U.S. Attorney Damian Williams said when the indictment was unsealed. Williams, who was appointed by President Joe Biden, resigned in November after Trump's election.
Gov. Hochul could remove Adams
New York Gov. Kathy Hochul met Tuesday with New York City leaders to discuss the "path forward" amid increasing pressure on her to remove Adams from office. Hochul said she was "monitoring this situation extraordinarily closely to ensure that New Yorkers are not being shortchanged by the current crisis" and pledged to make a decision based on "the well-being of my 8.3 million constituents" who live in the city.
Four of the mayor's deputies announced on Monday they plan to resign in the coming weeks.
Asked about Adams' future Wednesday, Hochul told reporters, "There is a path forward to make sure we stabilize this city and its government."
Gershman believes Hochul is not likely to remove Adams because it is "much too risky for her politically." But Gershman said Manhattan District Attorney Alvin Bragg might indict Adams on charges similar to those in the federal indictment.
"The governor will wait," Gershan said. "Patience serves her better politically than precipitous action."
NYC Mayor Adams still has supporters
Multiple federal prosecutors resigned rather than obey the order to file for dismissal of the charges, but other officials formally filed the motion last week. This week four top aides to the embattled mayor resigned.
City Council Speaker Adrienne Adams, no relation to the mayor, said the mayor should resign. She said he has "lost the confidence and trust of his own staff, his colleagues in government, and New Yorkers."
Adams has his defenders, such as state Assembly member Rodneyse Bichotte Hermelyn, chair of the Brooklyn Democratic Party, and Hazel Dukes, president of the New York state NAACP. A group of eight Black lawmakers, including Bichotte Hermelyn, sent Hochul a letter defending Adams.
“As Black legislators we have seen this over and over again: double standards and unfair process when it comes to our leaders," the letter says in part. "If a move against the mayor is made without a justifiable legal reason, our communities will never forget it.”
How is Trump's immigration crackdown a factor?
Adams has been accused of cooperating with Trump's immigration crackdown, a reversal of longstanding city policy, in exchange for the charges against him being dropped. Lawyers for Adams have denied any improper conduct.
"We told the (Justice) Department that ending the case would lift a legal and practical burden that impeded Mayor Adams in his official duties," defense lawyer Alex Spiro wrote in a court filing. "What we never said or suggested to anyone was that Mayor Adams would do X in exchange for Y."
How can the governor remove the mayor?
The city charter does allow the governor to remove a mayor from office "after service upon him of a copy of the charges and an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend the mayor for a period not exceeding 30 days."
If Hochul did decide to oust Adams, she would need to provide the mayor with a written complaint laying out the accusations that are prompting the ouster. Adams then would be afforded some type of public hearing to defend himself against the claims. How that would work is not immediately clear, and there is no precedent for it.
Who would become acting mayor?
After Wednesday's hearing, Hochul would make her final decision to remove Adams or allow him to stay. If he is out, Public Advocate Jumaane Williams would become acting mayor.
The timeline is important because the mayoral election will take place this year. If Adams is removed from office before March 26, or 90 days before the June 24 primary election, Williams would need to call a special election. The winner would serve as mayor until the newly elected mayor takes office in January.
Former Gov. Andrew Cuomo is believed to be among those considering a run to replace him, though he hasn't formally announced his candidacy.
Contributing: Aysha Bagchi , Paste BN; Reuters