Mayor Eric Adams’ legal team went on the offensive Tuesday, filing a legal motion accusing federal prosecutors of leaking privileged grand jury evidence to the press over the past year and asking the court to intervene with disciplinary action and dismiss the case.
The mayor’s lawyers argue in the filing that the US Attorney’s Office for the Southern District of New York (SDNY) breached its ethical and legal obligations by leaking “most of the details of the indictment” to the press before they brought the charges against the mayor.
The request came a day after Adams’ lawyers, led by celebrity attorney Alex Spiro, filed a separate motion asking the court to throw out one of the five charges leveled against him — for bribery.
amNewYork Metro reached out to the SDNY for comment, and is awaiting a response.
In the filing, Adams’ counsel contends that the steady stream of leaks shaped public perception of the mayor’s alleged guilt before charges had even been brought. The mayor’s defense also alleged that they often requested federal prosecutors stem the leaks but were ignored at every turn.
“Given the government’s refusal to police its own misconduct, the Court must intervene to protect the Mayor’s pretrial and trial rights, preserve the integrity of the judicial process, and ensure ongoing compliance with Rule 6(e) in a case where the government admits it is still looking for evidence to support its theories,” the filing reads. “The Court should hold an evidentiary hearing to develop the record as to the scope of the prosecution team’s misconduct and the appropriate remedy, including dismissal of the indictment.
Adams’ lawyers contend in the filing that many of the leaks had to have come from the federal prosecutors’ office due to the specificity of the details included in various news reports over the past year.
They claimed the leaks disclosed vital information, such as the investigation targets, the nature of evidence prosecutors were seeking and seizing, and the identities of witnesses who were subpoenaed to testify, among other details of the case.
Spiro has been aggressive since the mayor was formally charged in the 57-page indictment last Thursday, trying to discredit the government’s case against him. He has argued in legal papers and press conferences that the charges against Adams, including bribery and soliciting foreign campaign donations, are frivolous and thinly supported.
Hours after the indictment was unsealed, the mayor’s attorney previewed his strategy of trying to flip the script on the feds. At a Monday press conference, Spiro argued that the SDNY, and not his client, is guilty of wrongdoing.
Adams pleaded not guilty to all five charges after surrendering to federal authorities on Friday. He is due back in court for a conference on Wednesday, Oct. 2, during which Spiro will attempt to dismiss the entire case.
