The only question in New York is whether Eric Adams, the city’s first sitting mayor to be indicted, will resign. His position, by any reasonable measure, is untenable. On Wednesday, federal prosecutors indicated that he could be indicted again, and more officials close to him could face corruption charges of some sort. There are, at the minimum, three other federal probes into his administration. More resignations will come. Adams insists he can govern, all is good, and that he’ll “reign” instead of resign. These are lunatic words—but here he is, one week later, still at it.
Here’s where I will surprise you an offer a defense of Adams. This has less to do with his innocence until guilt is proven and his right to due process—he does have this right, but it makes little sense to exercise it while governing America’s largest and richest city—and more with the leaks. His attorney is seeking sanctions against the Southern District of New York for leaking details of the ongoing investigations and grand jury information to the media. Many of these leaks went to the Times.
I am sympathetic to Adams here. There have, without a doubt, been sanctioned leaks from the U.S. Attorney’s office to the Times and other media outlets over the last year. We’ve known, for many months, the intimate details of their investigations, and few were surprised when the indictment arrived. This isn’t a First Amendment issue or an example of great reporters hunting out special sourcing in a prosecutor’s office. This is a prosecutor’s press office coming to the media and telling them exactly what they are doing. It’s an unethical practice, at the minimum, and smears a defendant long before he might head to trial. It is not in the public’s interest to know of an investigation before an indictment arrives. Those machinations should be completely secret, and a defendant shouldn’t be losing badly in the court of public opinion long before an arraignment.
Given all of that, what is in Adams’ future? Almost everyone who battles the feds at trial loses. If Adams does not cut a deal with them—a deal would likely include resignation—he would face serious prison time if he lost at trial. Adams may think he’s an exception to the rule, but the indictment seems legitimate enough and his wiggle room is limited. If there are more charges, he is in even greater jeopardy.
What, then, will Adams actually do? How long can he drag this out? Let’s consider the possibilities.