Northeast
Eric Adams defense hinges on Supreme Court ruling in heartland trucking case
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.
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.
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:
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
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.
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.”
“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
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.
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.
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.
Read the full article from Here
Northeast
New York AG orders Manhattan hospital to resume gender-transition treatment for transgender youth
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New York Attorney General Letitia James is instructing a Manhattan hospital to resume offering gender-transition treatment to transgender youth after it ended such treatments last month over funding threats from the Trump administration.
NYU Langone’s decision to close its Transgender Youth Health Program violated the state’s anti-discrimination laws by “jeopardizing access to medically necessary healthcare for some of the most vulnerable New Yorkers,” James wrote in a Feb. 25 letter first made public this week.
James’ office threatened “further action” if the hospital does not immediately resume offering hormone therapies, puberty blockers and other treatment to transgender youth.
New York Attorney General Letitia James is instructing a Manhattan hospital to resume offering gender-transition treatment to transgender young people. (Michael M. Santiago/Getty Images)
NYU Langone, one of the city’s largest hospital systems, said last month it would stop providing certain gender-transition treatments for patients under the age of 19.
“Given the recent departure of our medical director, coupled with the current regulatory environment, we made the difficult decision to discontinue our Transgender Youth Health Program,” NYU Langone spokesman Steve Ritea said in a statement at the time. “We are committed to helping patients in our care manage this change. This does not impact our pediatric mental health care programs, which will continue.”
The hospital ceased admitting new patients into its transgender youth program last year after President Donald Trump signed an executive order entitled “Protecting Children from Chemical and Surgical Mutilation,” which aims to restrict gender-transition treatment for people under 19.
The U.S. Department of Health and Human Services has announced a proposal to cut federal Medicaid and Medicare funding to hospitals that provide these treatments to transgender young people. (Andrew Harnik/Getty Images)
Referencing Trump’s order, the U.S. Department of Health and Human Services later announced a proposal to cut federal Medicaid and Medicare funding to hospitals that provide these treatments to transgender youth.
But the Feb. 25 letter signed by the attorney general’s health care bureau chief, Darsana Srinivasan, said the proposal did not officially change federal law and did not affect a “medical institution’s existing duties and obligations under New York law.”
“The sudden discontinuation of medically necessary transgender healthcare can have severe, negative health outcomes,” Srinivasan wrote. “Accordingly, the Attorney General is extremely concerned by your institution’s decision to cease the provision of care to this vulnerable, minority population.”
LETITIA JAMES SUES HHS OVER TYING FEDERAL FUNDS TO TRANSGENDER POLICY
NYU Langone said last month it would stop providing certain gender-transition treatments for patients under the age of 19. (Stephanie Keith/Bloomberg via Getty Images)
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The letter gives the hospital until March 11 to show its compliance, although it is unclear what steps would be taken if it fails to resume the treatments.
Several other hospitals across the country have also halted transgender youth treatments following Trump’s executive order and funding threats.
The Associated Press contributed to this report.
Read the full article from Here
Boston, MA
Charlotte plays Boston on 5-game win streak
Charlotte Hornets (31-31, ninth in the Eastern Conference) vs. Boston Celtics (41-20, second in the Eastern Conference)
Boston; Wednesday, 7:30 p.m. EST
BETMGM SPORTSBOOK LINE: Celtics -6.5; over/under is 214.5
BOTTOM LINE: Charlotte is looking to keep its five-game win streak alive when the Hornets take on Boston.
The Celtics are 27-13 against Eastern Conference opponents. Boston is sixth in the NBA with 46.2 rebounds led by Nikola Vucevic averaging 8.8.
The Hornets are 19-21 in conference matchups. Charlotte is 7-8 when it turns the ball over less than its opponents and averages 15.0 turnovers per game.
The Celtics average 15.5 made 3-pointers per game this season, 2.7 more made shots on average than the 12.8 per game the Hornets allow. The Hornets average 16.0 made 3-pointers per game this season, 2.1 more made shots on average than the 13.9 per game the Celtics allow.
TOP PERFORMERS: Jaylen Brown is averaging 29 points, 7.1 rebounds and five assists for the Celtics. Payton Pritchard is averaging 17 points and 5.8 assists over the past 10 games.
Kon Knueppel is averaging 19.2 points, 5.5 rebounds and 3.5 assists for the Hornets. Brandon Miller is averaging 22.7 points, 5.3 rebounds and 3.6 assists over the past 10 games.
LAST 10 GAMES: Celtics: 8-2, averaging 109.4 points, 50.7 rebounds, 27.1 assists, 6.1 steals and 6.4 blocks per game while shooting 45.7% from the field. Their opponents have averaged 98.5 points per game.
Hornets: 7-3, averaging 117.3 points, 47.8 rebounds, 27.4 assists, 8.5 steals and 4.2 blocks per game while shooting 45.6% from the field. Their opponents have averaged 106.2 points.
INJURIES: Celtics: Jayson Tatum: out (achilles), Neemias Queta: day to day (rest).
Hornets: Coby White: day to day (injury management).
___
The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
Pittsburg, PA
2 young girls found dead in suitcases in Cleveland, police say
The bodies of two young girls were found inside suitcases in Cleveland, Ohio, police said on Tuesday.
In a press conference, Cleveland Police Chief Dorothy Todd said on Tuesday that the bodies of the two girls were found in suitcases buried in shallow graves on Monday evening. One of the girls was believed to be between the ages of 8 and 13 years old, while the other was believed to be 10 to 14 years old. Neither girl was identified as of Tuesday night.
“This is a priority,” Todd said during Tuesday’s press conference. “This is a traumatic event for our officers, for the community, and this is just such a tragic incident, but we are trying to develop any leads we can.”
Police said there are no active missing persons reports in Cleveland that match the two victims.
Officials said someone walking their dog near East 162nd Street and Midland Avenue found what appeared to be a body inside a suitcase around 6 p.m. on Monday. When officers responded to the scene near Ginn Academy, they found one of the bodies stuffed in a suitcase in a shallow grave. The second shallow grave with the body stuffed in a suitcase was found after officers searched the area.
“This is a field close to the school over there,” Todd said. “This is just a residential neighborhood that I’m sure a lot of people do frequent.”
The Cuyahoga County Medical Examiner’s Office has custody of the bodies and will identify the girls. Todd said there is no clear indication of possible causes of death for the girls or how long the girls were there.
“It was some time, so it’s not something that was recent,” Todd said.
There is no suspect, Todd added. Anyone with information can contact the Cleveland police at 216-623-5464.
“Usually in residential areas, you know what’s happening in your neighborhood, something just seems a little bit off,” Todd said. “That’s why we’re asking that anyone who has anything that they believe to be information directly related to or suspicious, that they give us a call.”
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