Court-Appointed Lawyer Urges Dismissal of Eric Adams Case, Judge Should Act
Former Solicitor General Paul Clement was appointed as amicus curiae, or friend of the court, by Judge Dale Ho to present arguments related to the DOJ’s motion.
On March 7, former Solicitor General Paul Clement argued that U.S. District Judge Dale Ho should dismiss the corruption case against New York City Mayor Eric Adams.
Clement, who served during the George W. Bush administration, recommended that Judge Ho in the U.S. District Court for the Southern District of New York accept the requests from both Adams and the U.S. Department of Justice (DOJ) to drop the case.
The judge had sought an external viewpoint on the Trump administration’s choice to abandon the case.
While the DOJ aimed to have the case dismissed without prejudice—preserving the possibility of future corruption charges against the NYC mayor—Clement contended that the judge should dismiss it with prejudice.
“The potential for reindictment might give the impression, if not the reality, that the actions of a public official are influenced by concerns regarding their standing with the federal executive, rather than focusing on the best interests of their constituents,” he stated.
The DOJ submitted its motion to dismiss the allegations against Adams, which involve accepting illegal campaign contributions, on February 14. The mayor has denied any wrongdoing.
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In his filing, Acting Deputy Attorney General Emel Bove stated, “Continuing these proceedings could hinder the defendant’s ability to govern New York City, potentially posing serious threats to public safety, national security, and associated federal immigration initiatives.”
Bove noted that such measures were necessary in part due to “appearances of impropriety.”
He also mentioned that the ongoing prosecution was hampering Adams’s capacity to effectively aid the federal government in addressing illegal immigration.
Several DOJ officials opted to resign rather than comply with the directive to motion for dismissal.
Danielle Sassoon, a Republican and acting U.S. attorney for the Southern District of New York at the time, communicated to Bove on February 12 that she would not adhere to his request to ask the court to drop the charges against Adams, citing concerns of quid pro quo.
“It is an alarming and hazardous precedent to reward Adams’s opportunistic and variable commitments regarding immigration and other policy issues with the dismissal of a criminal indictment,” she stated.
Sassoon subsequently resigned from her role.
On February 19, Judge Ho indicated he would make a ruling on the motion to dismiss at a later date.
“To fulfill my duty appropriately, I want to proceed with care,” Ho remarked, expressing that he had inquiries about “how to handle what … everyone would agree is a somewhat unusual situation.”
Ho inquired whether the mayor would be comfortable with the notion of charges being dismissed without prejudice, leaving the door open for potential future charges.
“Yes, your honor,” the mayor replied. “I have not committed a crime. I’m not afraid of that.”
Zachary Steiber and Reuters contributed to this report.
