How Other Prosecutors Could Pick Up the Case Against Eric Adams
The Trump Justice Department’s decision to dismiss the criminal corruption case against Mayor Eric Adams has set the stage for a high-stakes showdown with the federal judge overseeing the case and raised calls for other prosecutors or Gov. Kathy Hochul to act.
Who Else Could Prosecute or Remove Adams?
Several other law enforcement agencies could act in the coming months, especially in light of the fact that there are so many pending probes of Adams’ top lieutenants. These investigations could implicate the mayor, and several individuals have already resigned or been charged in connection with the probe.
Rev. Al Sharpton, a longtime supporter of Adams who is now asserting that Trump has a "stranglehold" on the mayor, cited another option if Judge Ho grants the Trump Justice Department’s dismissal request: Gov. Kathy Hochul’s power to remove the mayor from office. "If the judge says that the charges are out, then you have an appeal to the governor because you can say the criminal justice system did not answer this," Sharpton said in a statement to Politico.
Hochul initially rejected that idea but this week said she was re-considering her stance after Acting U.S. Attorney Sassoon, in her letter rejecting the dismissal order, asserted the dismissal in exchange for assistance on Trump’s immigration initiative "creates obvious ethical problems."
Another potential source for a reconsideration of the federal case could come from Attorney General Letitia James. On Friday, when she was asked about looking at the Adams case during an unrelated press conference, she responded, "A number of discussions are going on at both the state and local levels." "I’m going to refrain from any comment until such time as we complete those discussions and determine the fate of the mayor of the city of New York," she said.
Not So Easy for Bragg
There are complicating factors. In his original memo Monday ordering the dismissal, Deputy Attorney General Bove declared "there shall be no further targeting or additional investigative steps" related to Adams’ case. The case technically remains open, filed as "withdrawn without prejudice," with Bove instructing the next Manhattan U.S. attorney to review the case again after the November election with the possibility of re-indicting Adams.
However, several former prosecutors interviewed by THE CITY who spoke on the condition of anonymity said that the no-additional investigative steps restriction appears only to apply to the specific accusations charged in Adams’ indictment: obtaining illegal straw donations and $120,000 in travel perks (some from sources connected to the Turkish government) in exchange for helping the Turkish government overcome New York City bureaucratic obstacles.
What Can Tish James Do?
Another option is action from Attorney General James, who has not yet publicly declared her intentions regarding the mayor. One possible entry point for James to address the federal indictment’s allegation that Adams used illegal campaign donations to claim matching public funds would involve citing the obscure New York False Claims Act. That law would allow James as attorney general to sue someone who "knowingly presents, or causes to be presented a false or fraudulent claim for payment or approval." James has used the law in the past to recoup $17 million for home health aides defrauded by their employers and $6 million from the auction house Sotheby’s for tax fraud.
Conclusion
The dismissal of the federal case against Mayor Eric Adams has set the stage for a new chapter in the ongoing saga. While the Trump Justice Department’s decision is a significant development, it is not the end of the story. Other prosecutors, including Manhattan District Attorney Alvin Bragg, could potentially pick up the case and pursue it under state law. Additionally, Attorney General Letitia James and Gov. Kathy Hochul may also have a role to play in addressing the allegations against the mayor.
FAQs
- What is the current status of the federal case against Mayor Eric Adams?
The Trump Justice Department has dismissed the case, but the investigation is still ongoing. - Who could potentially pick up the case against Eric Adams?
Manhattan District Attorney Alvin Bragg, Attorney General Letitia James, and Gov. Kathy Hochul could all potentially take action. - What are the potential charges that could be brought against Eric Adams under state law?
Various charges, including campaign finance violations, bribery, and larceny by false representation, could be brought against the mayor. - What is the significance of the New York False Claims Act in this case?
The law could allow Attorney General James to sue someone who knowingly presents a false or fraudulent claim for payment or approval, potentially related to the mayor’s alleged use of illegal campaign donations to claim matching public funds.
