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A 'trial' after all? Here’s how Gov. Hochul could remove Mayor Adams.
By
Jon Campbell
and
Brigid Bergin
Published Feb 14, 2025
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Darren McGee/Office of Governor Kathy Hochul
By
Jon Campbell
and
Brigid Bergin
Published Feb 14, 2025
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New York Gov. Kathy Hochul is not closing the door on removing New York City Mayor Eric Adams from office as a growing coalition in their Democratic Party presses her to act.
Hochul said Thursday that she’s reviewing her options after the top federal prosecutor in Manhattan accused Adams' attorneys of offering his cooperation with President Donald Trump’s immigration crackdown in exchange for dropping pending criminal charges against Adams.
If Hochul decides to try to remove the mayor — which is still a big if — it would kick off removal proceedings that no governor has even attempted since 1974, when then-Gov. Malcolm Wilson tried to remove an upstate sheriff who resigned instead.
Here’s how it would work if Hochul were to act:
How can the governor remove the mayor from office?
Both state law and the city charter give the governor the ability to remove the New York City mayor.
The procedure is pretty much the same in both cases.
First, the governor must provide the mayor with “a copy of the charges and an opportunity to be heard in his defense,” according to the charter. (The language in state law is similar, though it applies to a variety of local officials across the state.)
Basically, Hochul would have to give Adams a formal document laying out what he’s accused of. From there, Adams would get an opportunity to defend himself against the charges in public.
After that, Hochul would make her final decision to remove him or allow him to stay.
An "opportunity to be heard in his defense?" Does that mean a trial?
It’s not entirely clear what that would look like in modern times, since no governor has even attempted to remove a local mayor or sheriff in decades.
But there would be a trial-like proceeding in which Adams would be permitted to present his defense.
Bennett Liebman, an Albany Law School professor who has researched the removal laws, said there’s limited case law to provide precedent on the matter. He said there are open questions about the standard of proof.
At an actual criminal trial, for example, prosecutors have to prove their case beyond a reasonable doubt. The law doesn’t really say what standard applies in removal proceedings.
“The issue really is: To what extent does the governor have to prove the case?” Liebman said.
What would happen in the city if Hochul removes Adams?
Public Advocate Jumaane Williams would become the acting mayor, under the New York City charter.
If the vacancy occurred before March 26, which is 90 days before the June primary election, Williams would need to call a nonpartisan special election to fill the office of the mayor through the end of the year.
If the vacancy occurred after that date, Williams would hold the office until a new mayor is elected in November. That person would then immediately take office.
Has a governor ever removed a New York City mayor before?
Terry Golway, a historian who wrote an authoritative book on the machine politics of Tammany Hall, said the situation facing Hochul is largely unprecedented. The closest comparison is from 1932, when then-Gov. Franklin D. Roosevelt forced New York City Mayor Jimmy Walker to resign.
At the time, Roosevelt was running for president and the main threat to his election was the ongoing saga related to Judge Samuel Seabury’s investigation of corruption at City Hall. But, Golway said, Roosevelt was reluctant to take the drastic step of removing Walker as mayor.
Former Gov. Al Smith, a devout Catholic who was offended by Walker’s decision to carry on an extramarital relationship while in office, was instrumental in forcing Walker to step down, Golway said.
“ It was Al Smith who took Jimmy Walker aside and supposedly said, ‘Jimmy, you're finished,' therefore relieving Roosevelt of having to make a decision,” Golway said.
Because Smith convinced Walker to step down, Roosevelt didn’t have to go through a trial-like process.
Is there anyone who could pressure Adams to resign to relieve Hochul from making a decision?
A pressure campaign is building around Hochul as a growing chorus of New York Democrats call for her to remove the mayor.
But some are hoping Adams resigns without Hochul having to intervene.
That includes Rep. Nydia Velazquez, a Brooklyn Democrat who said New York City “can’t be led by someone under Trump’s thumb,” and Lt. Gov. Antonio Delgado, who has been at odds with Hochul and has been flirting with a gubernatorial run of his own.
“Mayor Adams must resign,” Velazquez posted on social media Thursday.
Adams, meanwhile, has steadfastly refused calls for his resignation ever since he was charged in September.
So what happens next?
Hochul hasn’t said when she plans to make a decision. On Thursday night, she told MSNBC’s Rachel Maddow that she needs “time to process this.”
But there are two upcoming events to watch.
One is this weekend’s annual conference of Black, Puerto Rican, Asian and Hispanic lawmakers in Albany. Hochul, legislative leaders and Attorney General Letitia James are among those expected to attend, and Adams' name is likely to be on the tip of everyone’s tongue — even though he’s not expected to attend himself, according to two sources with knowledge of his plan.
The Rev. Al Sharpton, meanwhile, is planning to hold a meeting of influential Black clergy and leaders to discuss the mayor’s future next week. Hochul has been known to look to Sharpton for guidance in the past.
Tagged
Adams investigations
new york city
donald trump
Kathy Hochul
Politics
eric adams
Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
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Brigid Bergin
Brigid Bergin is an award-winning senior reporter on the People and Power desk. She is fiercely committed to telling stories that help people engage and support democracy. In 2022, she hosted a live, ten-week call-in politics show ahead of the midterm elections called The People's Guide to Power. Brigid's reporting in 2017 included some of the first coverage of a political newcomer now known as AOC. In 2016, she broke the news of a voter purge in Brooklyn just days before New York’s presidential primary, triggering city, state and federal investigations. Brigid also guest hosts The Brian Lehrer Show and All Of It. She graduated from the University at Albany and the CUNY Newmark School of Journalism. Got a tip? Email [email protected] or Signal 917-723-4719.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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