What happens if Mayor Adams is federally convicted?

As Mayor Eric Adams faces the prospect of becoming the first New York City mayor to be convicted of a crime, his political future could hinge on a 4-year-old law that appears to be the only legal provision strictly prohibiting those convicted of federal corruption crimes from holding elected office in the city.

The law, which was signed as a City Council bill in 2021 by then-Mayor Bill de Blasio, represents a rather unusual attempt by lawmakers to codify ethical requirements for elected officials. It came about after a disgraced former City Council member sought to win back his seat, and states that “no person shall be eligible to be elected to, or hold, the office of mayor, public advocate, comptroller, borough president or councilmember who has been convicted” of federal public corruption crimes including bribery, conspiracy and fraud.

Previously, the city hadn’t formalized that expectation in the law.

“The theory is if the mayor is convicted of a federal crime, the sheer political embarrassment will force him out of office,” said Roderick Hills Jr., an NYU Law School professor who focuses on local government law. But other elected officials – in New York and beyond – have proven that a conviction can be a mere stumbling block in a political career.

Such reasoning may not be “heroic political logic,” Hills said, but lawmakers are inclined to let voters ultimately decide whether a crime is disqualifying for someone seeking city office. As shown when Donald Trump won back the White House after a felony conviction, the Constitution has very few eligibility requirements for presidents.

Adams is set to stand trial in April on charges of bribery, fraud, conspiracy and soliciting illegal foreign donations. He has pleaded not guilty.

At the state level, the Public Officers Law bars people who have been convicted of felonies from holding office. But, according to several legal experts who spoke to Gothamist, it only applies to state crimes. Adams’ charges are federal.

“The city law is broader,” said Richard Briffault, a professor at Columbia Law School who reviewed the state statute. Under the city charter, a governor can also remove a mayor who is charged with a crime.

Adams’ lawyer, Alex Spiro, did not respond to a request for comment.

City Councilmember Justin Brannan, a Brooklyn Democrat who introduced the original bill in 2018, said he didn’t foresee the current crisis at City Hall. At the time, lawmakers were focused on Hiram Monserrate, a former state senator and city councilmember who was trying to mount a comeback after having been convicted in federal court of misusing city funds.

“I’m not a prophet,” said Brannan, who now chairs the Council’s finance committee. “Obviously in 2021, I had no idea what would be happening in 2024. But I stand by the law.”

He said he hadn’t thought about the legislation until Gothamist asked him about it.

The law has survived at least two legal challenges, including one brought by Monserrate’s allies. In 2023, a state Supreme court judge ruled that the law was unconstitutional, but the decision was later overturned by the state appellate division. The city has a pending motion to dismiss the case, which is back before the lower court.

There is one, however, important carveout that could apply to Adams: People pardoned for their crimes by the governor or the president are exempted from the restriction.

Trump has said he would consider pardoning the mayor. They have both accused prosecutors of targeting them for political reasons.

Adams, who once called himself the “Biden of Brooklyn,” has for weeks fanned speculation that he is seeking a presidential pardon from Trump. He has expressed a willingness to help federal authorities detain undocumented immigrants despite the city’s sanctuary laws limiting such cooperation. More recently, he has teased the possibility that he may attend Trump’s inauguration next week. On Tuesday night, he was seen dining with Nassau County Executive Bruce Blakeman, a Republican and close ally of Trump.

In a post on X, Adams said they met to discuss the issue of “violent gangs.”

And on Thursday, after unveiling the city budget, Adams flew to Florida to meet Trump in Mar-a-Lago. The mayor's spokesperson said the meeting was to discuss the city’s priorities.