New York City Mayor Eric Adams has moved to dismiss federal corruption charges against him, citing a Supreme Court precedent handed down just months earlier in favor of a former Indiana mayor who fought the feds over bribery and won.
The Justice Department last week indicted Mr. Adams on charges of bribery, conspiracy and wire fraud, and of taking illegal campaign contributions from a foreign national.
The department says the Democratic mayor took travel benefits in exchange for an inspection of a Manhattan skyscraper and contributions from a prominent Turkish official.
“The indictment in this case alleges a ’bribery’ scheme that does not meet the definition of bribery and indeed does not amount to a federal crime at all. Just three months ago, the Supreme Court rebuked the Justice Department for adopting an ’unfathomable’ interpretation of the federal-program bribery statute,” Mr. Adams’ attorneys wrote Monday in his motion to dismiss.
“The indictment does not allege that Mayor Adams agreed to perform any official act at the time that he received a benefit. 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,” the court document reads.
Mr. Adams pleaded not guilty and vowed to fight the charges while remaining in office.
The filing pointed to the case of James Snyder, a Republican and the former mayor of Portage, Indiana. The high court in June ruled 6-3 in his favor after he had challenged a federal bribery law.
The Supreme Court’s majority said states and localities can set different standards for when an official can or can’t accept gratuities or gifts following an official act. But the court said it was wrong for the feds to charge and convict Mr. Snyder under federal law for accepting a gratuity as a state official.
The justices said the federal law, 18 U.S.C. 666, prohibits bribes but does not criminalize gratuities for past conduct.
“Not surprisingly, different governments draw lines in different places,” Justice Brett M. Kavanaugh wrote for the majority. “Some prohibit gifts only from business entities currently doing business with the local government. Others restrict gifts from businesses bidding for government contracts. With respect to gratuities to state and local officials, many of those officials are part-time and are allowed to hold outside employment. That reality can create complications for regulating gifts to those officials, and the rules often reflect that reality.”
The case stemmed from the federal government, not local prosecutors, charging Mr. Snyder with wrongdoing after awarding two contracts to Great Lakes Peterbilt, a trash truck company. The city purchased five trucks for about $1.1 million in 2013.
In 2014, while Mr. Snyder was still mayor of Portage, the company gave him a $13,000 check. He said it was for consulting services, but the federal government alleged the payment was an illegal gratuity for the 2013 contract.
Justice Ketanji Brown Jackson and the two other Democrat-appointed justices dissented, saying Congress was concerned with state and local officials using their public positions for personal gain when it passed a law extending some corruption safeguards to state and local offices.
Mr. Snyder was removed from office after his conviction. He has maintained his innocence.
According to The Associated Press, the high court’s ruling for Mr. Snyder tracked with prior decisions related to public corruption. In 2016, the court overturned the conviction of former Virginia Gov. Bob McDonnell. And in 2010, it curbed an anti-fraud law used by prosecutors against ex-Enron CEO Jeffrey Skilling.
Mr. Adams’ case is assigned to Judge Dale E. Ho, a Biden appointee.
He faces roughly 45 years behind bars if convicted.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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