Albany, NY – New York State Assemblyman Simcha Eichenstein has formally asked Attorney General Letitia James to review whether statements made by New York City Mayor Zohran Mamdani regarding the possible arrest of Israeli Prime Minister Benjamin Netanyahu exceed the mayor’s legal authority and warrant investigation.
New York City Mayor Zohran Mamdani stated that the city’s legal department is exploring the feasibility of arresting Israeli Prime Minister Benjamin Netanyahu based on an International Criminal Court (ICC) warrant if he visits the UN General Assembly in September.
In a letter dated Monday, Eichenstein argues that New York law does not permit a mayor to direct law enforcement to arrest a specific individual and questions whether Mamdani’s comments could constitute official misconduct under state law.
Lawmaker questions mayor’s legal authority
Addressing Attorney General James, Eichenstein wrote that he was requesting a review of “recent actions taken by New York City Mayor Zohran Mamdani, specifically his efforts to explore ordering local law enforcement agencies to arrest Israel’s Prime Minister, Benjamin Netanyahu, during a potential visit to New York City.”
The Brooklyn Republican cited New York Criminal Procedure Law Articles 120 and 140, stating they govern arrest authority and require arrests to be supported by a judicial warrant or probable cause that a state crime has been committed.
While acknowledging that elected officials may express personal opinions, Eichenstein argued that “a public official cannot attempt to leverage their executive authority to direct local law enforcement actions against an individual based on personal, political, or ideological views.”
Letter disputes ICC authority in the United States
Eichenstein also contended that the United States is not a party to the International Criminal Court and wrote that ICC warrants “carry no legal jurisdiction within the United States of America.”
He further referenced New York Penal Law § 195.00, which defines official misconduct, and asked the attorney general to determine “whether any New York State laws have been violated or if these actions constitute criminal official misconduct.”
“The independence and integrity of our law enforcement institutions are fundamental principles of our democracy,” Eichenstein wrote. “No public official should be permitted to compromise these principles by attempting to use enforcement for personal, political or ideological purposes.”
Attorney General James has not publicly responded to the request.
