When U.S. federal government refused to prosecute Donald Trump on charges of falsifying business records, the charges should’ve been dropped, right? Nope, it didn’t happen. Yet a trap sprung and ensnared Trump into its grasp. So, the mighty state authorities moved rapidly, as Manhattan New York District Attorney Alvin Bragg revived the case and filed the same charges under state laws that initially had been part of the previous federal investigation against Trump.
In a stunning upset, Bragg’s prosecution team won a historical victory, racking up 34 felony convictions against the then-ex-prez. When Trump pardoned his confidante Steve Bannon of federal crimes stemming from the “Build the Wall” financial scheme, DA Bragg, repeated the same course of action and revived portions of the case by filing state charges against Bannon. Unable to overthrow the state charges, Bannon caved in to Bragg’s prosecution and pleaded guilty.
Fast forward to New York Mayor Eric Adams, who is facing a slew of federal charges, including bribery, wire fraud, and campaign finance violations. Here is where things gets very heated and boiled over the steamtable when Trump’s (DOJ) Department of Justice attorneys asked a federal judge to dismiss the cases against Adams. If the judge complies with the federal prosecutors request, Adams will no longer face several years in the slammer. Since DA Bragg possesses a well-known reputation for picking up the pieces of evidence left behind by federal prosecutors, it’ll be interesting to see if his office prosecute Mayor Adams in state court if the judge indeed drop the serious charges against the mayor based on Trump’s DOJ recommendations.
The question of whether the Manhattan state prosecutor’s office in New York, led by DA Alvin Bragg will once more uphold justice and rescue the government’s criminal cases that’s hanging by threads after Trump’s administration stepped in to help the beleagured Mayor Eric Adams to beat the rap based on a quid pro quo agreement related to deportation of illegal migrants roaming around in New York. All this is happening even as a presiding federal judge is poised to pull the plug on Mayor Adams woes and grant the government’s motion to dismiss the string of felonious cases ( without prejudice). So, will Bragg’s office finally file state charges against Adams under the state’s criminal code for the same federal charges likely to be dismissed? A federal grand jury indicted Adams last year in September, 2024.
Haven’t we witnessed this law-and-order involving state vs. federal drama play out before? The oft-repeated words are sounding the alarm throughout the halls of the New York Justice System: that DA Alvin Bragg is on a crusade to prosecute President Donald Trump’s friends and associates on state charges if they beat the federal charges leveled against them.
DA Bragg already showed he is willing to piggy back on the ‘Feds’ failure to act. Just ask Donald Trump.
Most famously, District Attorney Bragg, in a bold move reminiscent of the ‘Big Bad Wolf’ took over Trump’s criminal hush-money probe when the federal authorities refused to prosecute for whatever reasons. Surprisingly, Bragg’s Manhattan, N.Y.-based prosecutor’s office convicted Trump on 34 counts of falsifying business records in May 2024.
The next showdown happened when Pres.Trump pardoned Steve Bannon for his involvement in a “build the wall” scam. Among the mix, things took an interesting twist when Bannon’s co-defendants were convicted in federal court. Bannon later pleaded guilty to the state charges brought against him by DA Bragg and no prison time was handed down. The dedicated group of prosecutors led by Bragg succeeded in securing a victory in the case involving Bannon, albeit with less fanfare than expected.
Given the deep interest in the federal criminal charges against Mayor Eric Adams for alleged public corruption, including allegations related to the New York. mayoral election that put him in power, there is reason to believe that Bragg might swoop in with his power and indict Adams under state criminal law, which are similar to the federal offenses Adams was facing until Trump’s DOJ (Dept. of Justice) stepped in and saved the mayor’s sweaty hide. Particularly noted is the fact that DA Bragg had already indicted a senior aide to Adams for bribery and money laundering last year in state court.
Will Double-Jeopardy Apply if DA Bragg Prosecute Adams If Judge Officially Dismiss Federal Charges?
According to criminal defense lawyer.com, “A state and the federal government can have “concurrent” power over a defendant when the same criminal activity violates both state and federal laws (for example, selling drugs or robbing banks). In these situations, state and federal prosecutors typically make case-by-case decisions as to whether a defendant will be prosecuted in state or federal court. Under the “dual sovereignty doctrine,” it’s possible, albeit exceptionally rare, for a defendant to be prosecuted and punished for an identical offense in state and federal court without violating the Double Jeopardy Clause.” (Gamble v. United States, 587 US ___(2019).
State N.Y. Charges Similar to Federal Crimes Against Adams
The federal bribery and official misconduct charges against Mayor Adams are literally the same as the same bribery laws written in the New York state statute. Adams faces federal charges encompassing five felonies related to a scheme involving the receipt of campaign donations payable to the mayoral campaign from a foreign national, including wire fraud, and the solicitation and acceptance of a bribe. Remarkably, the corresponding state charges fit like ‘a hand in a glove with the federal charges.’
For example, the bribery charge under New York state criminal law provides that in § 200.11 (a public servant receiving a bribe, in the second degree):
“A public servant is guilty of receiving bribe in the second degree when he or she solicits, accepts or agrees to accept any benefit valued in excess of five thousand dollars from another person upon an agreement or understanding that his or her vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.”
Receiving a Bribe in the Second Degree Is a Class C Felony
State law also provides in § 200.25 (receiving reward for official misconduct in the second degree):
“A public servant is guilty of receiving a reward for official misconduct in the second degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant.”
The Federal Campaign Finance Charges Also Have Clear State Analogs
Grand Larceny (for the alleged theft of the matching campaign contribution funds) in §155.40 (Grand Larceny in the Second Degree): A person is guilty of Grand Larceny in the Second Degree when such person steals property and when the value of the property exceeds fifty thousand dollars.” Grand Larceny in the Second Degree is a Class C felony.ddn0
State law also criminalizes: Filing a False Instrument for soliciting the false certifications from the straw donors in § 175.35 (Offering a false instrument for filing in the first degree), “A person is guilty of offering a false instrument for filing in the first degree when: knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation.
DA Bragg’s State Case Against Eric Adams
District Attorney Alvin Bragg doesn’t need to kick off his investigation from square one. With Ingrid Lewis-Martin, a key advisor to Mayor Adams, already facing charges of bribery and money laundering, there exists a solid foundation to build state charges if Bragg decides to do so.
It is probable that in the course of this case, Bragg has gathered his own evidence pertaining to this particular illicit operation. Collaboration between Bragg’s office and the Southern District of New York (SDNY) prosecutors on the Adams case might have involved the exchange of evidence over a period of time.
While the Lewis-Martin indictment revolves around circumstances compared to the federal Adams case, the sharing of information concerning alleged corruption at the upper echelons of the N.Y. mayor’s office would be plausible. This collaboration is particularly warranted given the DA’s direct interest in unveiling the mayor’s underlying actions.
DA Bragg still has the option to request federal grand jury information stemming from Adams’ charges by filing a motion. As outlined in Federal Rule of Criminal Procedure 6(e)(3)(E)(iv), the federal government can share such material with the district attorney if it pertains to a potential state law violation. It remains uncertain whether Bragg could access this information despite federal opposition, but this issue may no longer be relevant.
Charges Not Yet Dismissed
Judge Dale Ho has not yet ruled on the dismissal of the federal charges against Adams. Even if those charges were dismissed, which is within Ho’s limited authority, there is hope for New Yorkers seeking an equitable and fair criminal justice system. In light of recent developments at the Department of Justice, the mayor assured New Yorkers that he is “no longer facing legal concerns.”
When the mayor’s indictment was announced in 2024, FBI Assistant Director James E. Dennehy said: “Today’s indictment serves as a sobering moment but also sends a powerful message to every elected official in this country: public service is a profound responsibility, and it should be a noble calling. When that’s perverted by greed and dishonesty, it robs us of our trust. This is a reminder that no one is above the law or beyond reproach.”
Let’s see if Mayor Eric Adams is above the law.
Update: On Friday, February 21, 2025, federal judge Dale Ho temporarily canceled the bribery/corruption trial for Mayor Eric Adams and appointed Paul Clement, a former U.S. solicitor general under former president George W. Bush to present arguments on the government’s case-drop request by Trump’s DOJ attorneys, according to Time Magazine. Ho’s written order indicates he won’t decide until March whether to grant the dismissal of the serious felonies against the scandalous mayor.
Senior NewsBlaze Legal Reporter Clarence Walker is a veteran, Texas-based news media writer. He works in the legal field, covering crime, criminal justice, U.S. politics, history, business, human interest, breaking news and personal finance. He can be reached at newsjournalist360@gmail.com
