| | | |  | | By Joe Anuta, Nick Reisman, Emily Ngo and Jeff Coltin | | Presented by |  | | | With help from Cris Seda Chabrier
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Dropping criminal charges against Mayor Eric Adams could change legal precedent. | Spencer Platt/Getty Images | Dropping criminal charges against Mayor Eric Adams — as opposed to pardoning him — could spawn a historic legal precedent clarifying checks and balances on presidential power at a time of increased partisanship at the Department of Justice. Senior DOJ officials have been in talks to toss the five-count bribery case against Adams, even as local Manhattan prosecutors have been charging toward an April trial. Doing so could involve treading into uncharted legal waters. Because Adams has already been indicted, the Trump administration must ask the court’s permission to drop the case. And there’s an open question of how much discretion Judge Dale Ho — and the judicial branch writ large — would have to push back. “Assuming there is no pardon, this could be a very significant decision,” said Jessica Roth, a professor at the Cardozo School of Law. It’s common for federal prosecutors to drop a case if laws, evidence or other circumstances change. But Adams’ situation is unique (and distinct from that of former National Security Adviser Michael Flynn, whose presidential pardon led to the dismissal of his case.) The discussions about wiping away Adams’ troubles came after he spent months courting President Donald Trump, who has echoed the Democratic mayor’s tale of political persecution and openly mused about issuing him a pardon. Thomas Frampton, an associate professor of law at the University of Virginia, said the statute gives Ho broad discretion. “The ‘leave of court’ requirement exists precisely to guard against the dubious, perhaps corrupt, dismissal of cases against powerful and well-connected defendants,” Frampton told Playbook via email, citing research he’s done into the provision. Roth, on the other hand, believes the most Ho could do is compel prosecutors to provide an explanation for their actions. Former Assistant U.S. Attorney Paul Tuchmann said even that would generate enormous backlash from the executive branch, especially because Adams still enjoys the presumption of innocence. More likely, he suggested, Ho’s hands are tied. “He basically has to rubber stamp it,” Tuchmann said. “The judge can’t force them to maintain a prosecution they don’t want to maintain.” A spokesperson for the U.S. Attorney for the Southern District of New York declined to comment. And Adams’ legal team did not respond. Either way, should Ho attempt to stress-test the balance of power, Adams could make legal history. “I think it could set an important precedent,” Frampton said. “If the first 10 days of the second Trump Administration are any indication, the judiciary is going to be challenged in a host of ways.” — Joe Anuta VITAL SASSOON READING: Trump’s interim U.S. Attorney for the Southern District, Danielle Sassoon, trashed former President Joe Biden’s decision to commute the sentences of nearly 2,500 “supposedly nonviolent offenders.” (The Wall Street Journal) It’s Monday. Staten Island Chuck predicts it’ll be an early spring. Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.
| | A message from PhRMA: Medicine markups are big business for hospitals, but New Yorkers are paying the price. Big, tax-exempt hospitals abuse a federal program called 340B to charge huge markups on discounted medicines to boost their profits. They're supposed to use these profits to help patients, but there's no accountability to ensure they do. If patients aren't benefiting, where's the money going? | | | WHERE’S KATHY? Making a reproductive rights announcement in Albany. WHERE’S ERIC? Making a jobs-related announcement in City Hall QUOTE OF THE DAY: “I will never, ever sign an extradition agreement to send this doctor into harm's way to be prosecuted as a criminal for simply following her oath.” — Gov. Kathy Hochul on MSNBC in response to Louisiana indicting a New York doctor for prescribing abortion medication.
|  | ABOVE THE FOLD | | | 
President Donald Trump is still unpopular, despite his favorable rating increasing in the state. | Angela Weiss/AFP/Getty Images | TRUMP’S NEW YORK HONEYMOON: Trump’s favorable rating among New York voters stood at 41 percent in a Siena College poll released this morning — matching his highest ever in the survey. The results are a sign of Trump’s strength even in a deeply Democratic state, where he received 43 percent of the vote in November, one of the best showings for a Republican presidential candidate in a generation. Trump’s popularity has inched upwards in his native New York. The poll late last year found 37 percent of voters held a favorable view following his White House win. But the new president remains broadly unpopular: 56 percent of voters hold an unfavorable view of him. Voters are split, too, on whether Trump will usher in a new “golden age” — 48 percent of voters called it likely; 46 percent disagreed. The popularity of Trump and Hochul is in a statistical tie. Only 39 percent of voters hold a favorable view of the Democratic governor, who has struggled with her popularity and will run for reelection in 2026. The poll found 57 percent of voters — including 41 percent of Democrats — preferred someone else as governor. Her struggles with independent voters also continue, per the poll: 53 percent of those New Yorkers hold an unfavorable opinion of the governor. But voters are more favorably disposed to Hochul’s agenda than Trump’s plan for America. The survey found broad support for Hochul’s proposal to expand free school meals for students (77 percent), put more police officers on subway cars during overnight hours (71 percent) and increase a child tax credit (63 percent). Of Trump’s major policies, his vow to deport undocumented immigrants who have been convicted of a crime was the only proposal surveyed that received majority support — 79 percent — from New York voters. The poll of 803 New York voters was conducted from Jan. 27 to Jan. 30. It has a margin of error of 4.2 percentage points. — Nick Reisman
| | CITY HALL: THE LATEST | | | 
Mayor Eric Adams’ public appearances in the past week have been limited to those relating to faith. | Benny Polatseck/Mayoral Photography Office | ‘NOTHING TO SPIN’: Adams delivered defiant remarks at an interfaith breakfast last week, but he let congregants’ applause speak for him Sunday at the Christian Cultural Center in Brooklyn. “He needs our prayers,” the megachurch’s pastor, A. R. Bernard, said with the mayor seated at the front of the audience. “And he said to me, he said, ‘I just want to come to church.’ So he won’t be speaking today … There’ll be nothing to spin. Nothing to get an angle on.” Adams’ public appearances in the past week have been limited to those relating to faith. “We’re going to be truthful and honest with him,” Bernard, an Adams ally, told POLITICO in an interview later Sunday. “But it’s a safe space that he can come to and just be John Q. Citizen, connect with his faith and get a good sermon.” The Christian Cultural Center is hugely influential, and it’s notable that Adams chose to worship there as he seeks to maintain support among Black voters this election year. The embattled mayor is facing a crowded field of challengers who are spotlighting his criminal indictment, warming bond with Trump and record on housing and homelessness. And he may have to compete with former Gov. Andrew Cuomo for Black support if Cuomo enters the race. “I think that he has a solid base in the Black church and amongst black church voters,” Bernard said. “Why would any of us want to see him fail?” Asked if Adams has his vote for reelection, the pastor said, “Look, I’m going to support my mayor.” — Emily Ngo RAJKUMAR THE SOCIALIST: Years before Assemblymember Jenifer Rajkumar slammed Public Advocate Jumaane Williams on NY1 as a socialist with “extremist and divisive” views she called herself a socialist and joined the Democratic Socialists of America while asking for the group’s endorsement. “Yes. I identify as socialist because I believe that those who are struggling should be economically empowered and given the full range of educational and job opportunities,” Rajkumar wrote in an NYC-DSA questionnaire for her 2020 Assembly run. She also answered that yes, she was “a monthly dues-paying member of DSA” and committed to lefty policies like a wealth tax and closing New York City jails. DSA voted “overwhelmingly” against endorsing her, a person familiar with the meeting said. But Rajkumar went on to unseat incumbent Assemblymember Michael Miller in the central Queens district anyway and has had a decidedly non-socialist record in office. Rajkumar said she paid a $10 membership fee before applying for the endorsement in October 2019 and left a month later. “At the time, many hoped DSA were well-meaning young people who wanted to make a difference, but they quickly revealed themselves to be an extremist group that disrespected others and reveled in pedaling division,” Rajkumar, who switched races last week to challenge Williams, said in a statement. “DSA fights to increase power for the working class away from corporations, landlords, and the rich. We do that now and we did that in 2020 when she applied for our endorsement,” NYC-DSA co-chair Grace Mausser responded. Williams declined to comment. — Jeff Coltin BACK TO THE BACKUP PLAN: Michael Blake was running for mayor and DNC chair at the same time, insisting to Playbook he could do both. He decided in December to run for a vice chair position instead. Blake had served as a vice chair before, starting in 2017, but he lost the vote on Saturday. He then tried for another vice chair job and didn’t win there either. The former Assemblymember’s mayoral campaign continues. — Jeff Coltin More from the city: — Allies of former Gov. Andrew Cuomo have taken steps to form a new super PAC to boost his mayoral campaign if he runs. (New York Times) — At least 7,700 New Yorkers were involuntarily hospitalized last year under a controversial Adams administration policy. (POLITICO Pro) — Independent mayoral candidate Jim Walden is now seeking approval from GOP leaders to run as a Republican. (New York Post)
| | NEW FROM PLANET ALBANY | | | 
The auto industry is expected to be severely impacted by the tariffs imposed on Canadian goods. | Peter Power/AFP/Getty Images | TRUMP’S TARIFFS: Trump’s decision to slap a 25 percent tariff on Canadian goods will hurt New York businesses, Hochul and the state’s largest business lobby warned Sunday. The tariffs, which will also be placed on Mexican and Chinese products, were a Trump campaign promise and are almost certain to trigger retaliatory actions on American goods. Trump acknowledged there could be “some temporary, short-term disruption” but also insisted the tariffs will work. “Tariffs don’t cause inflation,” he said Friday. “They cause success.” Rep. Mike Lawler, a likely Hochul opponent in 2026, defended the tariffs in an exchange on CNN and knocked former Vice President Kamala Harris’ corporate tax plan. New York is expected to be affected: The state’s imports from Canada in 2022 reached $23 billion. Total trade between the two countries was nearly $43 billion that year. Business Council President and CEO Heather Mulligan warned the tariffs will “no doubt” negatively impact employers. “The Business Council is deeply concerned about the impacts these tariffs will have on New York’s economy, particularly our manufacturing sector,” she said. Hochul, meanwhile, called the retaliatory tariffs a “tax on New York residents and Americans overall.” The moderate Democratic governor’s $252 billion budget proposal adds $8 million for the State Police to expand its Canadian border presence in order to crackdown on smuggling — a problem that is expected to worsen with a trade war. “When you do something that hurts New York — because we are in such close proximity to Canada — it's going to have a ripple effect across the country, and I'm concerned about that,” she said. — Nick Reisman AND… ACTION: Hochul’s proposal to boost the state’s film production tax credit program is drawing rave reviews from local officials who try to lure movies to their hometowns. The governor’s budget would increase the program’s annual cap from $700 million to $800 million and extend it for another two years to 2036. Thirteen regional film commissioners — including Pat Swinney Kaufman, who runs the Mayor’s Office of Media and Entertainment in New York City — urged state lawmakers in a letter obtained by Playbook to back the budget provision. “By doing so, you will solidify New York’s position as a leader in the global entertainment industry, ensuring economic growth, job creation, and cultural enrichment for years to come,” the commissioners wrote in the letter. The generous tax credit program has received a thumbs down from budget watchdog groups, who have argued the subsidy doesn’t aid New York’s economy. — Nick Reisman More from Albany: — Democrats are considering changes to when special elections are scheduled. (Capitol Pressroom) — New York Democrats are pressing for federal housing protections to be put into state law as a safeguard against Trump. (Gothamist) — There are bipartisan calls for pausing New York’s climate goals. (Spectrum News)
| | | | A message from PhRMA:  
| | | | | KEEPING UP WITH THE DELEGATION | | | 
Democrats are struggling to take a stance on immigration. | Stephanie Keith/Getty Images | FINDING THEIR LINE IN THE SAND: Democrats’ long-standing struggle with messaging has come back to haunt them just as Trump is intensifying his crackdown on illegal immigration, POLITICO reports. For the moment, the party is backed into a corner. Its leaders are reluctant to alienate centrist members voting with Republicans on bills making it easier to deport migrants. They also can’t deny that public opinion is shifting to the right. And they know missteps could blow their chances at retaking the House in the midterms. “What is the party’s message on immigration? There presently is not one,” Rep. Alexandria Ocasio-Cortez (D-N.Y.) told reporters recently in Washington. But the party does have the beginnings of a game plan. It’s built around the expectation the president will expand his signature deportation blueprint to target immigrants with whom Americans can more readily sympathize. “Dreamers, farm workers and families,” Rep. Adriano Espaillat (D-N.Y.), chair of the Congressional Hispanic Caucus, listed at a recent news conference, previewing where Democrats will make their stand — if they can get on the same page with messaging. The discourse among New York’s congressional delegation is emblematic of a broader national debate among Democrats. — Emily Ngo and Nicholas Wu BUT WAIT, THERE’S MORE: Democrats’ messaging struggles extend to, well, everything. “It is like drinking from a fire hose, and the harms are unlimited and unimaginable, and we still don't know them all,” Sen. Kirsten Gillibrand said at a press conference Sunday when asked about complaints from party activists that Democratic leaders aren’t meeting the moment. She’s doing her best, holding a press conference trying to explain how a federal funding freeze would hurt New Yorkers, Gillibrand explained. So those critics should be focusing on Trump “as opposed to eating our own.” You can read Gillibrand’s full, lengthy response on Bluesky. — Jeff Coltin More from Congress: — GOP Rep. Elise Stefanik is conducting a farewell tour ahead of her confirmation vote as United Nations ambassador. (Times Union) — Senate Minority Leader Chuck Schumer vowed to build bipartisan opposition in Congress to Trump’s tariffs. (Newsday) — Democratic Rep. Josh Riley has recovered from a “severe” illness that left him hospitalized for nine days. (WIVT/WBGH)
| | NEW YORK STATE OF MIND | | — Con Ed wants to raise bills by more than 10 percent, kicking off a lengthy process overseen by the state’s utility regulator. (POLITICO Pro) — To win transportation funding under the new Trump administration, the MTA will have to cooperate with ICE, can’t enforce mask requirements and had better hope New Yorkers start tying the knot and making babies. (Daily News) — A Yonkers hotel that was housing migrants paid $515,000 to settle a lawsuit. (LoHud)
| | A message from PhRMA: 340B markups help hospitals, not patients. 340B hospitals mark up discounted medicines to boost their profits – like charging patients $5,000 for cancer medicines that cost the hospital $500. This hidden tax increases costs for patients, taxpayers and employers. So, if New Yorkers aren't benefiting, where's the money going? It's time to hold 340B hospitals accountable. | | | | | SOCIAL DATA | | Edited by Daniel Lippman MAKING MOVES: Marco A. Carrión has stepped down as executive director of El Puente. Asenhat Gómez and Helen Colón will serve as interim co-executive directors … Taylor Randi Lee has been promoted to press secretary at the Office of Cannabis Management … Jonathan Guyer has joined the Institute for Global Affairs at Eurasia Group as program director. He was previously a senior writer at Vox. ARTS WATCH: “Movement” by Nicole Gelinas, “Paradise Bronx” by Ian Frazier and “The Freaks Come Out to Write” by Tricia Romano are among the nominees for the Gotham Book Prize, founded by political strategists Bradley Tusk and Howard Wolfson. (Associated Press) HAPPY BIRTHDAY: Unite Here Local 100’s Sussie Lozada … Lyft’s Larry Gallegos … CCRB’s Herman Merritt … TSTC’s Jaqi Cohen… Michael O’Loughlin … anat’s Erin Clarke … Josh Lipsky … MaryAlice Parks … Arthur Levitt (94) … Fred Hochberg … Lisa Boothe … (WAS SUNDAY): Barry Diller … Carrie Dann … The New Yorker’s Michael Luo … Teddy Downey of The Capitol Forum … Housing Works’ Charles King … Newsday’s James T. Madore … Jennifer Falk … Jon Heppner of the state Senate Democrats … Brooklyn Public Library’s Michele Bonan… Citizen Action’s Ursula Rozum … DHC’s Jonathan McCollum … FCM’s Stephen D. Morgan … Santos Crespo … … (WAS SATURDAY): Jessica S. Tisch … Tech:NYC’s Julie Samuels … Street Vendor Project’s Mohamed Attia … Coro New York’s Garrett Lucien … anat’s Joanna Gallai … Malcolm I. Hoenlein ... Abbi Jacobson ... Amy Nelson … Alexandra Luzi … Jaime (Lewis) Berk … Steven N. Gelbs … Jake Siewert … Adrian Carrasquillo (4-0), who celebrated in Puerto Rico … Erin Dooley … Fred Barnes … ABC’s Jordyn Phelps … CBS’ Alana Anyse … NBC’s Catherine Kim … Natalie Cucchiara of Lot Sixteen … Bloomberg’s Michelle Jamrisko … Ali Dukakis … … (WAS FRIDAY): David Plotz ... Daniel J. Oppenheim … Michael Rabinowitz-Gold ... Matthew Gottlieb Missed Friday’s New York Playbook PM? We forgive you. Read it here. | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | |
