Could Local Prosecutors Revive the Corruption Case against NYC Mayor Eric Adams?
DOJ’s Decision to Pause the Case Does Not Block Local Prosecutors’ Efforts
Mayor Eric Adams may have dodged a legal bullet when the Trump Justice Department announced plans to pause his criminal prosecution. But the decision in Washington, D.C., does not block local NYC district attorneys from seeking their own corruption charges, if they so wished.
Local Prosecutors Can Pursue Their Own Case
“I think there are theories a local prosecutor could clearly pursue based on what is in the public record,” said Daniel Horwitz, a former Manhattan prosecutor who now specializes in white collar defense and government/regulatory investigations. “I think that any prosecutor, any serious prosecutor worth their salt, is going to give this matter a serious look.”
Manhattan DA’s Office is Already Investigating the Adams Administration
Horwitz pointed out the Manhattan district attorney’s office has already obtained an unrelated bribery indictment against Ingrid Lewis-Martin, a former top aide to Mayor Adams who has denied wrongdoing.
“Clearly the Manhattan district attorney’s office is actively involved in their own investigations of the Adams Administration,” Horwitz said. So for that reason alone, of course, the Manhattan DA’s office is watching this case.”
Building a Local Case
New York City prosecutors would also have a built-in advantage when trying to replicate elements of the federal case against Mayor Adams. That’s because the NYC Department of Investigation partnered with the FBI and U.S. Attorney’s Office in obtaining the original federal indictment against the mayor. When the charges were unsealed in September, DOI Commissioner Jocelyn Strauber suggested her team had access to key evidence the Adams violated not only federal corruption laws, but local laws too.
DOI Can Generate a Criminal Case against Adams
Shira Scheindlin, a retired federal judge who once served as general counsel to the DOI, said city investigators there could theoretically generate a criminal case against Adams that would exist beyond the reach of the DOJ.
“The City Department of Investigation certainly can meet with the Manhattan DA and work with the Manhattan DA. That’s a city agency,” Scheindlin said.
Challenges in Building a Local Case
Even with the help of DOI, building a local case against Mayor Adams would, no doubt, have unique challenges.
For one, the Department of Justice memo calls for dismissing the case against Adams “without prejudice,” meaning the federal charges could be brought at a later date. Because of that, much of the key evidence backing those charges – like cellphone records and witness statements – would not likely be shared freely with local prosecutors.
A law enforcement source with knowledge of the matter told the I-Team it would be exceedingly difficult to prove state bribery or campaign finance crimes without access to that federal evidence.
Conclusion
While the DOJ’s decision to pause the case against Mayor Adams does not preclude local prosecutors from pursuing their own corruption charges, building a successful case would require significant effort and resources. Local prosecutors would need to gather and present evidence, interview witnesses, and build a strong legal case. The challenges are significant, but the potential benefits to the city and its residents make it worth considering.
FAQs
* Q: Can local prosecutors revive the corruption case against NYC Mayor Eric Adams?
A: Yes, local prosecutors can pursue their own corruption charges against Mayor Adams, even if the federal case is paused.
* Q: What are the challenges in building a local case against Mayor Adams?
A: Building a local case against Mayor Adams would require gathering and presenting evidence, interviewing witnesses, and building a strong legal case. The Department of Justice memo calls for dismissing the federal case “without prejudice,” meaning the federal charges could be brought at a later date, and much of the key evidence would not be shared freely with local prosecutors.
* Q: Can the NYC Department of Investigation help build a local case against Mayor Adams?
A: Yes, the DOI can work with the Manhattan DA and provide evidence and assistance in building a local case against Mayor Adams.
