As part of Mayor Eric Adams’s defense against corruption allegations, his lawyer has compared his acceptance of heavily discounted international flights from Turkish Airlines to the kind of perks members of Congress receive.
“You know what they didn’t really explain to all of you? Those were upgrades. Those were upgrades on airlines with open seats,” Alex Spiro, Mr. Adams’ lawyer, told reporters in response to a five-count indictment unsealed on Thursday. “That’s what airlines do. They do it every day. They do it for V.I.P.s. They do it for congresspeople. They’re empty seats. It costs the airlines nothing.”
But while members of Congress do get some perks while booking flights, owing to their status as frequent fliers and government employees, there are strict ethics regulations prohibiting the acceptance of lavish gifts or engaging in a quid pro quo, which are the allegations against Mr. Adams.
Congressional offices have access to the City Pair Program, through which the federal government negotiates airline fares. Lawmakers use the program to book multiple flights on the same day, and then cancel some without penalty, because the congressional schedule changes frequently.
These are coach-level seats, but, often, if there are open seats in first class, the airline offers to upgrade the member of Congress for free.
“So many members of Congress, they either get the top-tier status, or by virtue of the kind of tickets they buy, they’re really always at the top for upgrades,” said Matthew Klint, who was an aide in two congressional offices and now writes about the travel industry.
Some travel and government reform activists have sought to crack down on the benefits, arguing they create a conflict of interest and benefit the airline industry, but they remain.
The Members’ Handbook states: “Free travel, mileage, discounts, upgrades, coupons, etc., awarded at the sole discretion of a company as a promotional award may be used at the discretion of the Member or the Member’s employee.”
It is, however, an ethically murky area, because a lawmaker can accept an upgrade only if such a benefit is available to other similarly situated individuals, meaning other frequent fliers.
If a member accepted upgrades not offered to others, that could violate the rules, said Kedric Payne, the senior director for ethics at the Campaign Legal Center and a former deputy chief counsel for the Office of Congressional Ethics.
“The key part is that they cannot be upgraded because they’re a member of Congress,” Mr. Payne said.
He said the current practice in Congress is quite different from the behavior described in the indictment against Mr. Adams.
Mr. Adams is accused of years of graft that involved accepting free or heavily discounted international flights and plush overseas accommodations, starting when he was Brooklyn borough president and continuing after he became mayor, and then using his influence to help Turkey.
“The Adams indictment is just so much broader than flight upgrades,” Mr. Payne said.
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