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Eric Adams defense hinges on Supreme Court ruling in heartland trucking case

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Eric Adams defense hinges on Supreme Court ruling in heartland trucking case

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Months after the Supreme Court sided with an Indiana mayor who took payment from a Peterbilt dealer in a small-town bribery case, New York City Mayor Eric Adams is relying on the precedent as he revs up the fight against his own federal corruption charges.

But some experts say the effort may run out of gas before it picks up speed.

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Federal prosecutors rely on a law known as Section 666 to take down corrupt officials who accept bribes, but they have also been accused of trying to blur the definition of a bribe. They also have to prove an “official act” took place in exchange for whatever the allegedly corrupt politician was raking in.

NYC MAYOR ERIC ADAMS PLEDGES TO ‘REIGN’ NOT RESIGN

Mayor Eric Adams, right, is shown beside his lawyer, Alex Spiro, on the day of his arraignment outside federal court in New York City on Sept. 27, 2024. (REUTERS/Caitlin Ochs)

In 2016, the Justice Department filed corruption charges against James Snyder, former Republican mayor of Portage, Indiana, under the Section 666 rule.

He oversaw a $1.1 million deal to buy garbage trucks for the city from Great Lakes Peterbilt in 2013, according to court filings. In 2014, he received a $13,000 check from the dealership.

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The FBI and federal prosecutors accused him of taking the money as a kickback for the truck sales. Snyder said it was payment for consulting services in a state where public officials are allowed to have outside employment. 

Former Portage Mayor James Snyder and his family arrive at federal court in Hammond for his sentencing on Oct. 13, 2021. He later succeeded in his appeal to the Supreme Court. (Kyle Telechan/Post-Tribune/Tribune News Service via Getty Images)

He was convicted at trial, but his legal saga continued for years. After successfully seeking a retrial, he wound up convicted again and then lost his first appeal.

But in a 6-3 opinion written by Justice Brett Kavanaugh, the Supreme Court ruled in his favor, explaining that anti-bribery laws don’t make all payments illegal, especially if they come after the fact without any evidence of a corrupt agreement. 

Read Eric Adams’ latest court filing:

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FEDS SEIZE ERIC ADAMS’ PHONE AFTER NYC MAYOR’S INDICTMENT

Snyder accepted a “gratuity,” not a bribe, the court found.

The court described gratuities as two forms of payment, neither of which met the definition of a bribe. The first is something given as a “thanks,” anything from a fancy lunch to a framed photograph. The second are gifts designed to “curry favor” but not in exchange for anything specific.

In a dissent by Justice Ketanji Brown Jackson, the court’s liberal wing countered that there was still evidence of corruption that would have made Snyder’s payment unlawful. Kavanaugh wrote that the gratuities were not a federal crime but could still violate state and local ethics rules. Snyder was not accused of any crimes at the state level.

ADAMS’ OFFICE LASHES OUT AT FBI EMPLOYEE WHO MIGHT HAVE ‘IMPROPERLY LEAKED DETAILS’ OF CORRUPTION PROBE

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New York City Mayor Eric Adams arrives at federal court for his arraignment in Lower Manhattan on Sept. 27, 2024. Adams faces five federal charges, including alleged conspiracy, wire fraud, two counts of solicitation of a contribution by a foreign national and bribery. (Rashid Umar Abbasi for Fox News Digital)

Kavanaugh also warned that if a federal law did crack down on gratuities, it could unlawfully infringe on states’ right to regulate interactions between their own officials and constituents.

Adams’ lawyers are arguing that the mayor never accepted any bribes and never took any actions in his official capacity to make good on a quid quo pro.

Anthony Capozzolo, a former federal prosecutor who handled public corruption cases in a neighboring district, said prosecutors clearly spelled out the alleged quid quo pro in Adams’ indictment but that the mayor could have a better chance proving he made no “official act.”

“This issue about him not being the mayor at the time, and what is the official act? That may get more scrutiny from the court,” Capozzolo told Fox News Digital.

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Adams’ lawyer, Alex Spiro, wrote in the motion Monday that prosecutors failed to lay out an actual bribery case.

Mayor Eric Adams sits in federal court beside his lawyer, Alex Spiro, during his arraignment in New York City on Sept. 27, 2024. (REUTERS/Jane Rosenberg)

“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,” Spiro wrote in a court filing revealed Monday. 

“It appears that after years of casting about for something, anything, to support a federal charge against New York City Mayor Eric Adams, prosecutors had settled on a theory that depended on the Department’s longstanding view that Section 666 criminalizes gratuities, including gifts meant to curry favor with governmental officials but not linked to any specific question or matter,” Spiro wrote. “When the Supreme Court rejected that interpretation in June, prosecutors simply added a few vague allegations and called their theory bribery — ‘a far more serious offense than gratuities.’”

Adams’ defense argued that the Justice Department’s case “doesn’t work.”

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“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,” Spiro wrote.

U.S. Attorney for the Southern District of New York Damian Williams (U.S. Attorney for the Southern District of New York)

At issue are three text messages that prosecutors say Adams, during a past term as Brooklyn’s borough president, sent to the former FDNY commissioner, Daniel Nigro. But there is additional context and conversations surrounding the texts that may convince the court they are less innocent than they sound when read alone, Capozzolo said.

Eric Adams texts to FDNY commissioner: 

  • “They said they needed a letter of Defect from FDNY to DOB (Department of Buildings). They know they have some issues but according to them with the letter the DOB wi[ll] give the TCO (temporary certificate of occupancy).”
  • “They really need someone . . . by today if possible. If it is [im]possible please let me know and I will manage their expectation.”
  • “They said the hire (sic) ups at FDNY did not give the inspector authorization to come. The inspector indicated he needs authority to come to day (sic).”

Spiro asked the court to dismiss the bribery charge due to the Snyder precedent and argued that the rest of the charges should get tossed because they were allegedly based on “a host of false claims evidently attributable to a self-interested staffer with an axe to grind.”

NYC MAYOR ERIC ADAMS’ ELECTRONIC DEVICES SEIZED BY FBI AMID CAMPAIGN INVESTIGATION

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But Capozzolo pointed to page 33 of the indictment, where prosecutors spelled out an alleged series of phone calls between Adams, a staffer and a Turkish official, in which the official told Adams it was “his turn” to repay a favor and the mayor allegedly replied, “I know.”

“That’s about as quid pro quo as you’re going to get,” Capozzolo said.

Read the Eric Adams indictment:

On the other hand, the government may have an uphill battle proving Adams actually returned the Turks a favor with an official act.

“Adams may have a chance of getting the charge dismissed as a result,” Neama Rahmani, another former federal prosecutor, told Fox News Digital.

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He said the Snyder decision “significantly” weakened the federal bribery law and noted that it’s not uncommon to see convictions under the statute get overturned on appeal.

“The Supreme Court has also required an official act for a bribery conviction,” he said. “Adams was a candidate for mayor, but he was the Brooklyn borough president at the time, which means he didn’t have official authority over a building in Manhattan. The defense is using that important fact to argue that there could be no official act for the purpose of the bribery statute.”

New York City Mayor Eric Adams (Michael M. Santiago/Getty Images)

Before the Justice Department announced Adams’ indictment last week, the mayor accused federal investigators of retaliation over his criticism of President Biden and Vice President Harris for their handling of the southern border, which he said led to a migrant crisis in New York City that overloaded its shelter system. The influx of illegal immigrants coincided with a spike in robberies in the Big Apple, city police said earlier this year.

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Still, the federal investigation has ensnared numerous people in the mayor’s orbit, including campaign staffers, city officials and even his former police commissioner, in an alleged corruption ring of such a scale that Capozzolo said it’s a throwback to the 1800s-era Tammany Hall and Boss Tweed. 

Adams could face up to 45 years in prison if convicted of all charges, which include one count of conspiracy to receive campaign contributions from foreign nationals and commit wire fraud and bribery, one count of wire fraud, two counts of soliciting campaign contributions from foreign nationals, and one count of soliciting and accepting a bribe.

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Northeast

New York Republicans call for independent fraud investigation following Minnesota revelations

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New York Republicans call for independent fraud investigation following Minnesota revelations

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Republican state senators in New York on Friday wrote a letter to Gov. Kathy Hochul urging her to launch an independent investigation into possible fraud involving government programs in response to similar allegations in Minnesota.

“We write to you concerning disturbing reports of widespread fraud involving taxpayer dollars in the state of Minnesota, including schemes that reportedly involved sham daycare centers and other illegitimate entities,” the letter, signed by 12 Republican state senators, said.

The letter added that the “revelations” in Minnesota “raise serious concerns about the vulnerability of publicly funded programs to abuse.”

TRUMP TARGETS MINNESOTA FRAUD ALLEGATIONS, SAYS ‘WE’RE GOING TO GET TO THE BOTTOM OF IT’

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Republican state senators in New York on Friday wrote a letter to Gov. Kathy Hochul urging her to launch an independent investigation into possible fraud involving government programs following similar allegations in Minnesota. (Adam Gray/Getty Images)

The senators urged Hochul to “immediately retain an independent private professional services firm to conduct a comprehensive audit of comparable programs in New York State.”

MINNESOTA FRAUD COMMITTEE CHAIR CLAIMS WALZ ‘TURNED A BLIND EYE’ TO FRAUD WARNINGS FOR YEARS

The letter said that the audit was necessary “to ensure that public funds are being distributed solely to legitimate organizations and eligible individuals and to identify and address any instances of fraud, waste or abuse.”

“Given that New York administers comparable programs involving billions of taxpayer dollars it is imperative that proactive measures be taken to ensure similar abuses are not occurring here,” the letter said.

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The Small Business Administration announced the suspension of nearly 7,000 Minnesota borrowers after identifying hundreds of millions of dollars in suspected pandemic loan fraud this week.  (Bill Clark/CQ-Roll Call, Inc via Getty Images)

The senators noted $68 million in Medicaid fraud that the U.S. Department of Justice said it uncovered at a Brooklyn operator of social adult daycare centers in July. 

“At a time when resources are strained, it is essential that available funds are protected and directed exclusively to those who truly need assistance,” they added.  

The senator said that with reports that Hochul’s office plans to advance a proposal for universal pre-kindergarten in the next legislative session, “ensuring these programs are efficient, transparent and free from fraud should be a shared priority for all New Yorkers.” 

The Small Business Administration announced Thursday that it had suspended 6,900 Minnesota borrowers after uncovering what it says is widespread suspected fraud in the state.

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SBA Administrator Kelly Loeffler sent a letter Tuesday to Minnesota Gov. Tim Walz on Dec. 23, telling him that her agency will “halt” more than $5.5 million in annual support to resource partners in the state “until further notice.” 

“I am notifying you that effective immediately and until further notice, the SBA is halting the disbursement of federal funds to SBA resource partners operating in the state of Minnesota, totaling over $5.5 million in annual support,” Loeffler wrote.

The SBA said that at least $2.5 million in PPP and EIDL funds issued during the pandemic era were connected to a Somali fraud scheme based in Minneapolis.

Loeffler told Walz that $430 million in PPP funds tied to roughly 13,000 loans were flagged as potentially fraudulent but were still funded anyway, including some that were forgiven during the Biden administration.

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“The volume and concentration of potential fraud is staggering, matched in its egregiousness only by your response to those who attempted to stop it,” she wrote.

Hochul’s office told Fox News Digital in response to the letter: “This is a rich political stunt coming from the lawmaker who spent months fighting the Governor’s efforts to route out waste, fraud and abuse in the state’s Medicaid program,” referencing GOP State Sen. Robert Ortt. “Instead of suggesting we spend taxpayer dollars to do the jobs of the State Comptroller and State Inspector General, the Minority Leader should focus on supporting the many longstanding initiatives that the Governor has advanced to stop fraud and protect taxpayers.”

 

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Boston, MA

How Boston Dynamics upgraded the Atlas robot — and what’s next

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How Boston Dynamics upgraded the Atlas robot — and what’s next


In 2021, 60 Minutes visited the offices of robotics company Boston Dynamics and met an early model of its humanoid robot, Atlas. 

It could run, jump and maintain its balance when pushed. But it was bulky, with stiff, mechanical movements. 

Now, Atlas can cartwheel, dance, run with human-like fluidity, twist its arms, head and torso 360 degrees, and pick itself up off of the floor using only its feet. 

“They call it a humanoid, but he stands up in a way no human could possibly stand up,” correspondent Bill Whitaker told Overtime. “His limbs can bend in ways ours can’t.”

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Boston Dynamics CEO Robert Playter told Whitaker that Atlas’ “superhuman” range of motion is keeping with the company’s vision for humanoid robots. 

“We think that’s the way you should build robots. Don’t limit yourself to what people can do, but actually go beyond,” Playter said. 

Whitaker watched demonstrations of the latest Atlas model at Boston Dynamics’ headquarters in Waltham, Massachusetts. Rather than turning around to walk in the other direction, Atlas can simply rotate its upper torso 180 degrees. 

“For us to turn around, we have to physically turn around,” he told Overtime. “Atlas just pivots on his core.”

Boston Dynamics’ head of robotics research, Scott Kuindersma, told Whitaker that Atlas doesn’t have wires that cross its the joints of the limbs, torso and head, allowing continuous rotation for tasks and easier maintenance of the robot.

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“The robot’s not really limited in its range of motion,” Kuindersma told Whitaker. “One of the reliability issues that you often find in robots is that their wires start to break over time… we don’t have any wires that go across those rotating parts anymore.”

Another upgrade to the Atlas humanoid robot is its AI brain, powered by Nvidia chips.

Atlas’ AI can be trained to do tasks.  One way is through teleoperation, in which a human controls the robot. Using virtual reality gear, the teleoperator trains Atlas to do a specific task, repeating it multiple times until the robot succeeds.

Whitaker watched a teleoperation training session. A Boston Dynamics’ machine learning scientist showed Atlas how to stack cups and tie a knot.

Kuindersma told Whitaker robot hands pose a complex engineering problem.

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“Human hands are incredible machines that are very versatile. We can do many, many different manipulation tasks with the same hand,” Kuindersma said. 

Boston Dynamics’ new Atlas has only three digits on each hand, which can swing into different positions or modes.

“They can act as if they were a hand with these three digits, or this digit can swing around and act more like a thumb,” Kuindersma said. 

“It allows the robot to have different shaped grasps, to have two-finger opposing grasp to pick up small objects. And then also make its hands very wide, in order to pick up large objects.”

Kuindersma said the robot has tactile sensors on its fingers, which provide information to Atlas’ neural network so the robot can learn how to manipulate objects with the right amount of pressure.

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But Kuindersma said there is still room to improve teleoperation systems.

“Being able to precisely control not only the shape and the motion, but the force of the grippers, is actually an interesting challenge,” Kuindersma told Whitaker. 

“I think there’s still a lot of opportunity to improve teleoperation systems, so that we can do even more dexterous manipulation tasks with robots.”

Whitaker told Overtime, “There is quite a bit of hype around these humanoids right now. Financial institutions predict that we will be living with millions, if not billions, of robots in our future. We’re not there yet.”

Whitaker asked Boston Dynamics CEO Robert Playter if the humanoid hype was getting ahead of reality. 

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“There is definitely a hype cycle right now. Part of that is created by the optimism and enthusiasm we see for the potential,” Playter said.

“But while AI, while software, can sort of move ahead at super speeds… these are machines and building reliable machines takes time…  These robots have to be reliable. They have to be affordable. That will take time to deploy.”

The video above was produced by Will Croxton. It was edited by Scott Rosann. 



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Pittsburg, PA

Steeler, voted the cutest TSA dog in America, stars in downloadable calendar

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Steeler, voted the cutest TSA dog in America, stars in downloadable calendar






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