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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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Connecticut

Lawmakers again push to restore Shore Line East service to 2019 levels

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Lawmakers again push to restore Shore Line East service to 2019 levels


Connecticut lawmakers are again looking to restore Shore Line East rail service to its pre‑pandemic levels, a proposal that could add about 90 more trains per week.

Lawmakers are also weighing a separate cost‑saving proposal to shift the line from electric rail cars back to diesel.

The plan comes as ridership remains well below 2019 numbers, though state data shows those numbers have begun to climb.

The Department of Transportation provided the General Assembly’s transportation committee with the following data:

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  • 132 trains per week today versus 222 trains per week in 2019, according to the CTDOT commissioner.
  • In 2019, most weekday SLE trains traveled between New Haven Union Station and Old Saybrook. This allowed SLE to operate with only five train sets in the morning and four train sets in the afternoon.
  • It should be noted that 2019 SLE service levels were very different due to constrained infrastructure; 2019 service levels had a reduced number of SLE trains serving New London (13 trains per day Monday through Friday, as opposed to 20 today), while other stations had increased service (36 trains per day Monday through Friday, as opposed to 20 today).

“2019 levels beyond Old Saybrook to New London would require more crews and more train sets than were used in 2019, requiring significantly more financial resources,” the department wrote in its written testimony.

The department said the governor’s FY2027 budget does not include funding for a full restoration. In other words, even if the legislature requires additional trains, the funds are not included in the current financial plan.

Governor Lamont said on Monday to remember that the state subsidizes the line more than any other rail right now.

“There’s not as much demand as there are for some of the other rail services in other parts of the state, so that’s the balance we’re trying to get right,” Lamont said.

At a public hearing on Monday, concerns about the line’s reliability and schedule were a central focus in the testimony.

“We’re making the line less attractive, some would say. The schedules are very, very difficult to manage,” said Sen. Christine Cohen of Guilford, the co-chair of the committee.

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The current schedule for eastbound morning commuters is difficult. The train either arrives in New London just after 7 a.m. or after 9 a.m.

“So obviously not really … conducive to a typical workday,” Cohen said.

Cohen, who represents communities along the line, said she continues to reintroduce the bill to expand service year after year, pushing the state to do more with the line.

She thanked the department for the work it was able to do with the recent funding to establish a through train to Stamford.

“What do we need to do, and what are the challenges that you face in terms of expansion at this time?” Cohen asked.

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Commissioner Garrett Eucalitto responded that the biggest hurdle is the cost of labor and access fees to Amtrak, which owns the territory.

“The cost to provide rail service is very expensive,” Eucalitto said.

He said CTDOT knows the current schedule is “not ideal,” but the economics of a work-from-home society are difficult.

“People expect 100% of the trains that they had in 2019, but they only want to take it two days a week,” Eucalitto said.

Asked about the eastbound schedule, the commissioner explained Shore Line East still operates on a model that sends trains toward New Haven in the morning rather than toward New London.

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Changing that would require more equipment, more crews, and a second morning operations base, as well as negotiations with Amtrak, which owns the tracks.

Amtrak is “protecting their slots to be able to run increased Northeast Regional service as well as increased Acela service,” Eucallito said. “They’re going to look at us and question, ‘Well, how does that impact our need for Amtrak services?’ They’ll never give you an answer upfront, it’s always: ‘show us a proposal and then they’ll respond to it.’”

Cohen, who chairs the Transportation Committee, touted how a successful Shoreline East benefits the environment, development along the line, and reduces I-95 congestion.

“We need to start talking about how much money this costs us and think about all of the ancillary benefits,” Cohen said during the hearing.

Cohen said there is multi-state support for extending the line into Rhode Island.

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“We will need some federal dollars. But as you say, there are other businesses up the line in New London,” Cohen said. “We’ve got Electric Boat. We’ve got Pfizer up that way. If we can get those employees on the transit line, we’re all the better for it.”

Rider advocates said the issue is familiar.

“I’d rather see solutions, and not things that are holding it back,” said Susan Feaster, founder of the Shore Line East Riders’ Advocacy Group.

She said she worries the line is facing a transit death spiral, with reduced service leading to lower ridership and falling fare revenue.

“They have to give us the money,” Feaster said. “It shouldn’t have to be profitable.”

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Like other train lines across the country, Shore Line East relies on subsidies.

“We’re not asking for everything to be done overnight, but just incrementally,” Feaster said.

The line received $5 million two years ago, which increased service levels.

The proposal comes as the state reviews whether to return to diesel rail cars that are more than 30 years old.

The state says the switch would save about $9 million, but riders have said it would worsen the passenger experience.

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NBC Connecticut asked Cohen whether she’ll ask DOT to reverse that proposal.

“I really want to,” Cohen said. “I appreciate what CTDOT was trying to do in terms of not cutting service as a result of trying to find savings elsewhere. This isn’t the way to do it.”



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Maine

Arizona Sen. Gallego endorses Maine Senate hopeful Graham Platner

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Arizona Sen. Gallego endorses Maine Senate hopeful Graham Platner


PORTLAND, Maine (AP) — Maine Democrat Graham Platner has picked up another high-profile endorsement in his bid to flip a key Senate seat blue, marking another sign of the oyster farmer and combat veteran’s political resiliency even as he continues to face controversy throughout his campaign.

Arizona Democrat Ruben Gallego announced Monday that he was backing Platner, saying that the first-time candidate “reflects the grit and independence that defines Maine.”

“Graham Platner is the kind of fighter Maine hasn’t seen in a long time, someone who tells you exactly what he thinks, doesn’t owe anything to the special interests, and wakes up every day thinking about working families,” said Gallego, who won a Senate seat in Arizona in 2024 by more than 2 points while Trump carried the state by nearly 6 points.

Platner has previously been endorsed by Vermont Sen. Bernie Sanders, an independent who caucuses with Democrats, and New Mexico Sen. Martin Heinrich, a Democrat.

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However, Senate Minority Leader Chuck Schumer has endorsed Platner’s main opponent, Maine Gov. Janet Mills.

Both Platner, 41, and Mills, 78, are hoping to unseat Republican Sen. Susan Collins, 73, a five-term incumbent who announced last month that she was running for another term. A victory in Maine is crucial for Democrats’ efforts to take back control of the Senate. The Democratic Party needs to net four seats to retake the Senate majority, and they are aiming to do that in Maine, North Carolina, Alaska and Ohio.

READ MORE: Maine’s Graham Platner thinks voters will overlook his past to support a new type of candidate

Platner has gained traction with his anti-establishment image and economic equality message. He’s pressed forward despite controversies over old social media posts and a tattoo resembling a Nazi symbol, which he recently had covered up.

Gallego is among the Democrats named as possible 2028 presidential contenders. Last fall, he stumped in New Jersey, Virginia and Florida, where he campaigned for Democrats who went on to win their elections.

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“I have an immense amount of respect for him and I’m looking forward to joining him as a fellow Marine and combat infantryman in the U.S. Senate,” Platner said in a statement.

Kruesi reported from Providence, Rhode Island.

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Massachusetts

How will the Iran war impact gas prices in Massachusetts?

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How will the Iran war impact gas prices in Massachusetts?


With a widening conflict in the Middle East after the American and Israeli attack on Iran Saturday, global markets are bracing for a shakeup in the energy supply chain.

So, here at home, what can consumers expect at the gas pump?

An increase in oil prices is almost always followed by an increase in gas prices. And the oil market has already reacted to the war. NBC News reported on Sunday that U.S. crude oil initially spiked more than 10%, while Brent, the international oil benchmark, rose as much as 13%.

Early Monday morning, reports were coming in of black smoke rising from the U.S. embassy in Kuwait City.

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While Iran’s oil reserves supply less than an estimated 5% of global production, the main concern is the Strait of Hormuz. This maritime passageway borders Iran at the bottleneck of the Persian Gulf, and more than 20% of the world’s oil passes through. If Iran closes or restricts Hormuz, the oil market could face severe disruptions.

Gas prices rise about 2.5 cents for every dollar increase in crude oil prices. As of Sunday, U.S. crude oil prices had already increased by nearly $5 a barrel.

“I fully expect that by Monday night, you could credibly say that gas prices are being impacted by oil prices having gone up,” GasBuddy analyst Patrick De Haan told NBC News.

GasBuddy characterizes their expectations for price increases as “incremental” rather than “explosive”. The group said to anticipate a potential 10-15 cent increase over the next couple of weeks.

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