Hochul's ejection powers

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Sep 27, 2024 View in browser
 
POLITICO New York Playbook PM

By Jason Beeferman

Presented by 

My Health, My Caregiver

 Governor Kathy Hochul and Mayor Eric Adams make a subway safety announcement

Gov. Kathy Hochul, who has long maintained a close working relationship with Adams, called the indictment “the latest in a disturbing pattern of events” and notably did not offer support for the mayor. | Darren McGee/Office of Governor Kathy Hochul

NEW YORK MINUTE: Another aide to Mayor Eric Adams had their home raided by federal agents today.

Ingrid Lewis-Martin, Eric Adams’ closest confidant in City Hall and senior adviser, saw her home raided by the FBI earlier today, where federal agents seized personal devices, her attorney confirmed to POLITICO.

Lewis-Martin returned from a vacation in Japan today, a trip she embarked on prior to Adams’ indictment.

City Hall did not immediately comment. And messages left with Lewis-Martin were not returned.

JUST CHECKING: Gov. Kathy Hochul’s office has been reviewing the rarely used power that would allow her to remove Adams.

But our sources don’t expect her to use it.

“I think the governor will let him have his day in court,” former Gov. David Paterson told Playbook.

Lawyers in Hochul’s office on Thursday internally discussed the legal and constitutional framework for removing an elected official, according to two people familiar with the conversations who were granted anonymity due to the sensitive nature of the talks.

The discussions were not an indication that Hochul is planning to remove Adams, but are being viewed internally as a way of keeping the governor’s options open.

“Of course the counsel's office would be prepared to present to the governor on any possible legal scenario related to this matter,” Cuomo spokesperson Avi Small said. “But as the governor has made clear, she is reviewing the details made public this morning and it would be inappropriate to make any further comment at this time.”

Hochul, who has long maintained a close working relationship with Adams, said after an event in the Syracuse area Thursday morning that the charges appeared to be a “very serious matter.”

In a separate statement released later Thursday evening, Hochul called the indictment “the latest in a disturbing pattern of events” and notably did not offer support for the mayor.

“New Yorkers deserve to know that their municipal government is working effectively, ethically and in the best interests of the people — driving down crime, educating our kids and ensuring basic city services continue unabated,” she said. “It's now up to Mayor Adams to show the City that he is able to lead in that manner.”

Governors need to give officials they seek to remove a chance to defend themselves. Before taking the formal step of removing a mayor, they can suspend them for a month while considering charges.

But the power otherwise appears to be absolute. Franklin Roosevelt, the last governor to make significant use of it, declared he would be both the judge and jury in such cases.

Roosevelt’s most famous use of the power involved former New York City Mayor Jimmy Walker, whose bank accounts had large infusions of money from city contractors.

“The evidence against Walker was in a report by a special prosecutor,” said Tammany historian Terry Golway. “The scenario that faces Hochul is worse than the scenario that faced FDR, because this was an indictment.”

The governor’s powers to remove officials are rarely used. At least three borough presidents were kicked out of office in the early 20th century, though the most recent removal was FDR’s ouster of Manhattan Sheriff Thomas “Tin Box” Farley in 1932.

Requests for the governor to utilize the power have come up practically every year in recent history. They often end with the officials in question resigning before charges are filed. But several recent governors have made clear that the option still exists.

“Technically, the governor could remove a mayor,” Andrew Cuomo occasionally reminded people when he feuded with Adams predecessor Bill de Blasio. — Nick Reisman and Bill Mahoney

 

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Governor Hochul claims that CDPAP, a critical home care program, is a ‘racket’ even though the Medicaid Inspector General found 99% of claims to be accurate. Chronically ill, aging, and disabled New Yorkers rely on this program. If the Governor rips away home care from our state’s most vulnerable, over 250,000 people will be left with few options. Watch this new ad and join the fight to protect our right to home care choice.

 
From City Hall

New York City mayor Eric Adams, right, appears with his attorney, Alex Spiro, outside Manhattan federal court after an appearance, Friday, Sept. 27, 2024, in New York. (AP Photo/Julia Demaree Nikhinson)

Mayor Eric Adams and his attorney Alex Spiro faced reporters outside federal court on Friday. | AP

NOT GUILTY: Adams is innocent, and his attorney Alex Spiro says he expects the charges to be dismissed.

“I am not guilty, your honor,” Adams told U.S. Magistrate Judge Katharine Parker in a flat tone during his 22-minute appearance in court.

Once outside the courthouse the mayor ignored questions from reporters and held a stern expression — but he did give a strong thumbs up to a person feigning support for the mayor (the person's praise devolved into heckling).

“This case isn't even a real case,” Spiro, flanked by Adams, told the massive horde of reporters huddled on Pearl Street. “This is the airline upgrade corruption case.”

He will be filing a motion next week to have the charges dismissed, he said.

The mayor’s attorney also repeated the mayor’s claim that federal prosecutors were specifically targeting Adams, an assertion amplified by former President Donald Trump on Thursday.

“It's the other government that everybody should be disappointed in, bringing this case against a sitting mayor,” Spiro said. Jason Beeferman

 

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From the Capitol

Recently installed toll traffic cameras hang above West End Ave. near 61st Street in the Manhattan borough of New York, Friday, Nov. 16, 2023.

A state judge ruled today that two lawsuits aiming to unpause the congestion pricing toll program can proceed. | Ted Shaffrey/AP

CONGESTION PRICING SUITS: A state court judge on Friday kept alive two lawsuits aimed to restart congestion pricing.

State Supreme Court Justice Arthur Engoron rejected Hochul’s attempt to dismiss the lawsuits, which challenge her “pause” on the tolling plan.

The legal challenges were unveiled this summer by environmental groups, transit advocates and city Comptroller Brad Lander. One suit argues a state law mandates the tolls and doesn’t give Hochul power to nix them. The other alleges Hochul is flouting the state’s environmental laws.

The case could be ready for decision in mid-October. If Engoron ruled quickly and against Hochul, it would put the governor in the stupefying position of being told to move ahead with a plan she torpedoed for political reasons as voters are heading to the polls, though any ruling could be subject to an appeal.

Attorneys battling Hochul’s pause argue the governor is ignoring a law that binds her to do the tolls.

“At this point it’s not so much a political question as much as following the law that is on the books,” said Dror Ladin, a senior attorney at EarthJustice, which is handling one of the lawsuits.

Lander said the judge “rightfully denied” Hochul’s move to have the lawsuits thrown out. “This development is a blow to the governor’s misguided belief that she has the ultimate authority to override an established law and remake it to fit her whims,” the comptroller said in a statement.

The next key deadline in the case is an Oct. 15 filing deadline for the governor’s legal team. — Ry Rivard

 

A message from My Health, My Caregiver:

Over 250,000 sick and disabled New Yorkers rely on the Consumer Directed Personal Assistance Program, and the Medicaid Inspector General found that 99% of claims were accurate, but Governor Hochul still called the program a “racket”.

If the Governor thinks that Alzheimer’s and cancer are a racket, then she clearly doesn’t care about vulnerable New Yorkers. Watch this new ad and join the fight to protect our right to home care choice.

 
IN OTHER NEWS...

DAMAGE CONTROL: Adams unveiled changes to the admissions process at New York City public schools today, as he grapples with his growing legal quagmire.

The updates to the city’s infamously convoluted process include allowing eighth graders to apply to an “unlimited” number of high schools, instead of just 12, the mayor and Schools Chancellor David Banks announced through a press release. Additionally, middle school applicants can now seek admission to schools outside of their districts.

The Department of Education is also rolling out a tool that will help prospective high schoolers predict their chances of getting into a school.

“Our administration continues to expand access and increase equity across our public school system, and today’s announcement on admissions changes for middle and high schools does just that,” Adams said.

In normal circumstances, the news would appear to be the average agency policy announcement. But the press release came out two hours after the mayor walked into Manhattan federal court to be arraigned on federal bribery and corruption charges.

Adams listed his early morning weekly meeting with Banks and DOE staff on his public schedule for Friday. He doesn’t typically disclose such meetings, but is looking to project that the day was business as usual.

It’s unclear if he still met with Banks. Spokespeople for City Hall and the DOE did not immediately respond to requests for comment. — Madina Touré

ERIC ADAMS’ JOURNEY: How the mayor got to where he is today. (Wall Street Journal)

TRUMP AND ADAMS: The indicted mayor and the criminally-charged president have both suggested they are targets of a weaponized justice system. (The New York Times)

SUCCESSION: Adams’ administration quietly issued an executive order that puts into place a clear process if one of City Hall’s top officials steps down. (New York Mag)

Missed this morning’s New York Playbook? We forgive you. Read it here.

 

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