Gov. Kathy Hochul this week has been forced to grapple with an odd collision of law and order, criminal justice and governmental separation of powers. She faced some tough decisions and had some tough words to say about a wide range of people — a president, a mayor and correction officers — and what’s legal and what’s moral.

She has called to mind what some of the governor’s powers are. She signed an executive order activating more than 3,500 National Guard members to provide security at dozens of state prisons where correction guards continue to strike and protest regarding safer working conditions. She has not minced words about the workers’ actions, calling them “illegal,” “unlawful,” “disruptive” and “unsanctioned.” 

Then she has answered questions about her constitutional authority to remove New York City Mayor Eric Adams after the Justice Department ordered Manhattan's top federal prosecutor to drop corruption charges against Adams and allegations that he reached a “quid pro quo” with the Trump administration to get them dismissed. A governor deposing an elected official is rare in New York’s history. 

Then there was her argument for the state’s sovereignty in the battle with President Donald Trump over his administration’s move to rescind approval for New York City’s congestion pricing program, which she says “undermines the duly elected laws of our state.” The Metropolitan Transportation Authority filed a lawsuit in federal court in Manhattan, arguing the U.S. Department of Transportation’s move to cancel the tolling program comes “in open disregard of a host of federal statutes and regulations.”

Power, however, can come with restraint. Despite a torrent of calls from Democratic lawmakers of various levels — including her own lieutenant governor — calling for Adams to resign or asking Hochul to use her authority to remove him, on Thursday she did neither. With a mayoral election this year and likely primary contest just months away, Hochul said she would, at least at this time, defer to the democratic process and let voters decide Adams’ fate.

Exercising power also comes with delegating power. In response to the prison strikes, the state Department of Corrections and Community Supervision temporarily suspended parts of the HALT Act, which limits holding people in prison in solitary confinement for punishment, a repeal of which is one of the demands protesting correction officers are making. That would be a job for the state Legislature. Republican state Sen. Rob Rolison, ranking member on the Crime, Crime Victims and Corrections Committee, told Spectrum News 1 it should be up for discussion, though Assembly Correction Committee chair Erik Dilan, a Democrat, said there’s no support in the majority for changing the law right now.

Adding to the complication is that these protests are coinciding with the fallout of Thursday’s murder charges against six correction officers related to the death of inmate Robert Brooks at Marcy Correctional Facility. Their actions have been condemned by Hochul and legislative leaders, and prompted lawmakers to work on a series of prison reforms they want to pass this session, a continuation of state Democrats’ yearslong criminal justice agenda, a large part of which is a catalyst for the prison strikes in the first place.

While not removing Mayor Adams herself, Hochul is also deferring to lawmakers, proposing legislation that would include following “guardrails” to reestablish trust among New York City residents, including creating a new special inspector general position for New York City affairs within the office of the state inspector general. That would need City Council and state Legislative approval.