Attorneys for New York City Mayor Eric Adams have urged a federal court to dismiss one of the five criminal charges brought against him last week.
“Despite the fact that the indictment reproduces quotes from messages, emails, and conversations for numerous other points, it does not allege any specific exchanges or conversations in which Adams and the Turkish official entered into this purported quid pro quo agreement,” his legal team wrote.
They further argued that at the time of the alleged incident, Adams was only the Brooklyn borough president and lacked the power to compel the FDNY to take action concerning the consular building.
Adams’s attorneys also pointed to a recent U.S. Supreme Court decision that raised the bar for federal prosecutors to pursue corruption cases. That 6–3 ruling held that a federal law prohibiting government officials from “corruptly” accepting “anything of value of any person” in exchange for an official act does not extend to “gratuities,” or gifts—such as luxury trips—that are given for past actions.
“Even the three dissenting Justices agreed that the statute requires an official act,” they wrote.
The 25-page motion was filed four days after federal prosecutors accused Adams, as de facto mayor-elect, of pressuring the FDNY to rush to open the Turkish consular building without a fire inspection in September 2021 in return for receiving free or discounted travel perks, which his attorneys described as “gratuities” that would fall outside the scope of federal anti-corruption laws.
The historic indictment—the first for a sitting New York City mayor in the modern era—included email and text messages suggesting that Adams attempted to cover his tracks. In one, Adams allegedly tries to fabricate a paper trail to claim that he reimbursed an aide for airplane tickets, even though there was no initial payment to reimburse.
Adams is also accused of accepting bribes and illegal “straw campaign” donations from Turkish officials and businesspeople for years, dating back to his time as Brooklyn borough president and continuing through his 2021 mayoral race. These donations, the prosecutors claim, allowed the Adams campaign to receive more than $10 million in matching funds fraudulently from the city.
“I always knew that if I stood my ground for New Yorkers that I would be a target—and a target I became,” he said in a statement before his federal criminal charges were unsealed. “If I am charged, I am innocent, and I will fight this with every ounce of my strength and spirit.”
Should Adams step down or be removed by New York Gov. Kathy Hochul, he would be replaced by Public Advocate Jumaane Williams. Comptroller Brad Lander, who is running for mayor, is next in line after Williams.
The next hearing in the case, which has been assigned to U.S. District Judge Dale Ho of the Southern District of New York, is set for Oct. 2.