Mayor Eric Adams indictment: Lawyers seek dismissal, arguing bribery scheme nonexistent 

Mayor Eric Adams' lawyers Monday  sought the dismissal of at least part of the criminal case against him, accusing the federal government of twisting ordinary constituent services into a nonexistent bribery scheme, relying on a single, biased witness "with an axe to grind," and illegally leaking to the press.

The motion to dismiss says the prosecution violated recent U.S. Supreme Court precedents that shield public officials from prosecutorial overreach and comes after "years of casting about for something, anything, to support a federal charge against New York City Mayor Eric Adams."

Adams on Friday pleaded not guilty. He was indicted and charged with five counts alleging he partook in a campaign scheme to accept illegal donations and luxury travel in exchange for doing favors for people affiliated with the Turkish government.

Historic charges

He is the first sitting mayor in modern New York City history to be criminally charged. He has vowed to stay in office, telling a church service Sunday that he would continue to "reign."

One of the alleged favors was successfully leaning on the FDNY to green light the opening of Manhattan’s Turkish consulate building, when it would have failed a safety inspection, in time for a visit by Turkey's president, Recep Tayyip Erdoğan. The allegation, the motion argues, is "extraordinarily vague" and the case "does not amount to a federal crime at all."

"The indictment does not allege that Mayor Adams agreed to perform any official act at the time that he received a benefit," the motion says. "Rather, it alleges only that while serving as Brooklyn Borough President — not Mayor, or even Mayor-elect — he agreed generally to assist with the ‘operation’ or ‘regulation’ of a Turkish Consulate building in Manhattan, where he had no authority whatsoever, in exchange for travel benefits (e.g., upgrades to vacant business-class seats and a car ride to a restaurant)."

Criminalizing what Adams did, the motion says, "encompasses a wide array of normal and perfectly lawful acts that many City officials would undertake for the consulate of an important foreign nation, such as arranging meetings with regulators, offering advice about how to navigate the City’s bureaucracy, and referring diplomatic personnel to attorneys who specialize in regulatory affairs or building-code disputes."

Accusations in motion

The motion, which spans 21 pages, says the contours of the alleged axe the witness has to grind would be revealed down the road.

The filing cites a three-month old ruling by the U.S. Supreme Court that narrowed the scope of a federal anti-bribery law by finding it’s not illegal for a local official to accept a gratuity for acts the official has already taken. In that case, an Indiana mayor had been convicted of receiving $13,000 from a truck company that had recently gotten contracts totaling over $1 million for new garbage trucks. The court overturned the conviction.

Adams' case is due back Wednesday at Manhattan federal court.

Alex Spiro of Manhattan, one of the lawyers who signed the motion, said at a news conference Monday that the legal team is seeking first to dismiss the bribery charge and would soon tackle the other counts.

"Gratuities are not federal crimes. Courtesies to politicians are not federal crimes," Spiro said.

He accused the U.S. Attorney's Office for the Southern District, which is prosecuting Adams, of committing unethical and illegal conduct by violating grand-jury secrecy rules and leaking details, drip-drop to the press, for nearly a year. That office didn't return an email seeking comment.

Just before Spiro's news conference at his Manhattan law office, Adams held one in Queens, discussing badly needed repairs to a key aqueduct that could have the effect of altering the taste of New York City water.

Asked about the prosecution, Adams said he would continue to do the job of mayor — and show Gov. Kathy Hochul, who has the power to boot him from office, that he is succeeding.

"The goal is to continue to show that we’re going to continue to move in the right direction, and we’re doing that," Adams said, invoking a longtime mantra of his, one he has even embroidered onto baseball caps: "You heard me say it over and over again: ‘Stay focused, no distraction and grinds,’ all of ya hear that in your sleep."

As reporters peppered him, Adams turned to an aide: "Could I have some of that water?" 

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.