Will Hochul try to remove Eric Adams from office?

With the indictment of New York City Mayor Eric Adams, Gov. Kathy Hochul finds herself in a uniquely powerful position: She could unilaterally decide to remove him from power thanks to a little-used state law. But despite the ever growing chorus of voices calling on Adams to step down amid new charges of bribery, wire fraud and soliciting donations from foreign nationals, Hochul is unlikely to take the nuclear option unless she gets key support from political power players. 

News broke Wednesday night that Adams would be indicted by federal prosecutors in the Southern District of New York. The 57-page indictment unsealed Thursday morning charges Adams with five counts relating to the mayor’s ties to Turkey, including alleged illegal fundraising from Turkish nationals during his 2021 mayoral campaign and 2025 reelection campaign. Before the indictment was even made public, Adams went on the defensive, characterizing any incoming charges as fake and painting himself as a target of a vindictive federal government. He attempted a show of strength during a chaotic press conference on Thursday morning, and Adams’ attorney later confidently told reporters that “there's no corruption, this is not a real case.” Needless to say, the mayor has indicated that he does not plan to heed to many calls for his resignation.

That’s where the governor comes in. Under the state’s Public Officers Law, she has the authority to remove the mayor of any city in the state – including New York City. The power is broad, containing no stipulations about the circumstances under which the governor can exercise that authority. But there’s very little precedent for using the power to remove a New York City mayor. Historically, it has only been used for that purpose once, when former Gov. Franklin Roosevelt initiated removal proceedings against former Mayor Jimmy Walker. Even then, Walker resigned before the removal process was completed. It would be a monumental decision by Hochul to try to remove Adams now. 

Although dozens of elected officials are now calling for Adams to resign, few have yet said they believe Hochul should step in if he doesn’t. But the good government group Reinvent Albany has turned its attention to the governor, making the case that she should use her unique power. “We're not super comfortable with the fact the governor even has this power, but that's why they do have this power, for this scenario,” said John Kaehny, the group’s executive director. He said that the City Council doesn’t have a clear avenue like impeachment to remove the mayor – the city charter only mentions “inability” in laying out a framework for city officials to remove a mayor – but he said a move by the governor would be “legally unassailable and totally a slam dunk.” The City Charter reiterates the governor’s authority under state law, saying she could remove the mayor “upon charges.”

In a statement released Thursday evening, Hochul did not directly reference her legal authority to remove Adams, nor did she directly call on him to resign. Instead, she left the ball in Adams’ court to prove that he remains able to govern. “New Yorkers deserve to know that their municipal government is working effectively, ethically and in the best interests of the people – driving down crime, educating our kids and ensuring basic city services continue unabated,” Hochul said. “It's now up to Mayor Adams to show the City that he is able to lead in that manner.”

However, Hochul tacitly indicated that she would be open to Adams’ resignation, and didn’t close the door on the prospect of removal. “While I review my options and obligations as the Governor of New York, I expect the Mayor to take the next few days to review the situation and find an appropriate path forward to ensure the people of New York City are being well-served by their leaders,” Hochul said. “We must give New Yorkers confidence that there is steady, responsible leadership at every level of government.”

Governors have in the past exerted their broad executive influence over other elected officials in high-profile ways, with courts backing them up. Vincent Bonventre, a professor at Albany Law School and an expert on state law, referenced former Gov. George Pataki’s decision to remove former Bronx District Attorney Robert Johnson from a murder case in the late ’90s due to Johnson’s opposition to the death penalty. Pataki was brought to court over the removal, but ultimately his authority was upheld and he successfully had Johnson removed from the case. Bonventre expects that if Hochul decides to remove Adams from office, a similar legal battle could emerge. “That’s going to instigate a lot of litigation,” he told City & State. Bonventre said it would be “a pretty extraordinary sight” to see Hochul attempt to wield her authority to remove Adams, noting the potential political blowback if Adams is ultimately acquitted. “A tough call, politically and legally,” he said.

This isn’t even the first time that Hochul has been called upon to exercise the powers afforded to her under the Public Officers Law, which covers any number of public officials around the state. Republicans cited the law earlier this year when demanding that she remove Manhattan District Attorney Alvin Bragg from office. While she acknowledged the authority she had under the law, Hochul ultimately didn’t heed the call.

The political calculation is now the name of the game, and many observers don’t see Hochul taking that enormous step yet. Democratic strategist and former state Democratic Party executive director Basil Smikle said he doesn’t expect Hohcul to act “unless she has support from major leaders of (Adams’) base to do so.” Although his support is dwindling among elected officials, Adams made a show of strength on Thursday by surrounding himself with Black faith leaders and other figures that represent his base, including Rev. Herbert Daughtry and longtime NAACP of New York President Hazel Dukes. One Democratic insider suggested that their presence at Adams’ presser was meant “to get in the gov’s head.” That insider suggested that Hochul would wait a few weeks to see if Adams goes on his own or if members of the Black Democratic establishment start to turn on him.

L. Joy Williams, the president of the NAACP of Brooklyn, called it a “tricky” decision for Hochul. “I’m not sure she wants or needs the fallout that could happen from that decision,” she said. Another Democratic consultant noted that the optics would be very bad and Hochul likely doesn’t want to be remembered as the governor who removed the city’s second Black mayor. The consultant also suggested that Hochul could have concerns about elevating New York City Public Advocate Jumaane Williams, a progressive who has run against her twice, to the position of mayor, even temporarily.

Even Kaehny, who wants Hochul to act, believes she won’t do so without the support of state legislative leaders, Democratic leaders in Congress and Vice President Kamala Harris. “It would be a joint thing, because I don't think she'll do it otherwise,” Kaehny said. “Because the political cost to her, as she flounders along at, whatever, 35% approval rating, is too high.” So far, neither state Senate Majority Leader Andrea Stewart-Cousins nor Assembly Speaker Carl Heastie have weighed in on Adams’ indictment, and their spokespeople did not return requests for comment. U.S. Senate Majority Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries – both Brooklynites like Adams – released somber statements about the seriousness of the charges but did not call for the mayor to step down.

Kaehny said that now is a waiting game that he expects will eventually end with Adams’ removal. “I’d give it a week,” he said. “It’ll take a week of blood in the water, press, shark frenzy.”