In this New York Daily News op-ed, Fordham Law Adjunct Professor Jerry H. Goldfeder, director of Fordham Law School’s Voting Rights and Democracy Project, explains why New York Governor Kathy Hochul should recall, not remove, New York City Mayor Eric Adams.
As Gov. Hochul considers exercising her authority to initiate removal proceedings of Mayor Adams, I offer my advice. Don’t do it. It would be legally problematic. In fact, I have a better idea.
She undoubtedly has the power to remove him. It’s in the state Constitution, allowing the state Legislature to enact removal authority for “misconduct” or “malversation.” Misconduct is a pretty ambiguous term. And malversation, from the French, is an outdated concept relating to corruption. When the Legislature did write the removal law, however, it didn’t even mention these grounds. All it says is the governor has the authority, with no specifics. The governor is on her own.
So on what basis can Hochul remove Adams? It’s pretty open-ended, and therefore requires a measured judgment by her. It cannot simply be that he has been indicted for corruption — an indictment is only one side of the story. And it shouldn’t be his coziness with President Trump, as unpopular in these parts as that is.
Read “Recall Adams instead of Gov. Hochul removing him” in New York Daily News.