A judge can’t force federal prosecutors to keep pursuing criminal charges against Mayor Eric Adams — and should dismiss the charges against the mayor for good — a court-appointed outside attorney wrote in a legal filing in the case Friday.
If federal Judge Dale Ho, who is presiding over Adams’ case in Manhattan, takes the advice, it would represent a significant legal win for Adams and would eliminate much of the leverage the Trump administration could have had over the mayor.
Judge Ho assigned Paul Clement, a highly credentialed conservative lawyer, to provide an outside perspective on the Justice Department’s request to dismiss the mayor’s indictment. The Trump administration argued it should have the ability to refile charges against Adams at any time, sparking a weeks-long exodus of career prosecutors who resigned rather than go along with the president’s wishes.
Clement served as U.S. solicitor general under President George W. Bush and now works in private practice. He has argued more than 100 cases before the U.S. Supreme Court, according to a professional bio.
In a 26-page amicus brief filed Friday afternoon, Clement said the main action that Ho can take in this case is to decide whether to dismiss Adams’ charges without prejudice — meaning he could be tried later — or with prejudice, which would end the case for good.
“A dismissal without prejudice creates a palpable sense that the prosecution ... could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused,” Clement wrote.
He also echoed one criticism that’s been lobbed at Adams since the deal was first floated: That the mayor could prioritize “staying in the good graces of the federal executive, rather than the best interests of his constituents.”
Public officials and legal observers have expressed concerns that the Justice Department may be offering Adams this deal in exchange for his help with immigration enforcement — an allegation that both sides have denied. Then-Acting U.S. Attorney for the Southern District of New York, Danielle Sassoon, told the attorney general last month that Adams’ attorneys pressed for a “quid pro quo” during a meeting she attended shortly after President Donald Trump was inaugurated, according to a letter obtained by the New York Times.
Adams was indicted last September on charges that he traded his political sway for bribes and illegal campaign donations. Among the alleged perks were airfare upgrades and luxury hotel stays which prosecutors said were provided by Turkish nationals in exchange for Adams' help in opening a new Turkish embassy.
He pleaded not guilty and was supposed to stand trial this spring. But last month, Acting Deputy Attorney General Emil Bove directed federal prosecutors in New York City to dismiss the case, with the chance of reviving it after the mayoral election. He said in a memo that the prosecution was impeding Adams’ ability to focus on violent crime and immigration enforcement. After several prosecutors resigned, including Sassoon, Justice Department officials in Washington D.C. filed a motion to dismiss the charges.
The mayor's attorney, Alex Spiro, recently filed a motion arguing the charges be dropped for good because "the government’s conduct has destroyed whatever presumption of innocence Mayor Adams had left."
Asked about Clement's brief Friday, Spiro said through a spokesperson, "The first-of-its-kind airline upgrade corruption case is now over."
This is a developing story and may be updated.
