Federal Judge Cancels Trial for New York City Mayor While Keeping Charges Intact
A judge is appointing an outside attorney to address the motion that seeks to have charges against Eric Adams dismissed.
On February 21, a federal judge vacated the upcoming trial for New York City Mayor Eric Adams, although he refrained from dismissing the charges against him for the time being.
However, the judge did not dismiss the charges—which include allegations of accepting unlawful campaign contributions—as he noted that government motions to dismiss charges without prejudice (thereby allowing prosecutors the option to potentially refile later) are often contested by defendants.
A recent hearing featuring a DOJ official and Adams “helped clarify the parties’ respective positions, but no adversarial examination of the Government’s stance or the specifics of its requested relief has occurred,” Ho remarked.
He appointed Paul Clement, an external attorney, to serve as amicus curiae, or friend of the court, to provide arguments concerning the DOJ’s motion—including whether the judge may consider external materials when deciding on the dismissal of the case.
Ho indicated that, due to concerns about prosecution potentially hindering the mayor’s ability to govern, the mayor is not required to attend future hearings.
The DOJ and an attorney representing Adams did not promptly respond to requests for comments.
Some DOJ officials chose to resign rather than comply with the directive to submit a motion for dismissal. Ultimately, the motion was filed on February 14.
Adams agreed to the motion requesting the dismissal of charges without prejudice, meaning they could be reintroduced later.
A federal rule allows the government to dismiss charges “with leave of court.” Ho had noted that the executive branch, under this rule, holds the authority to determine if charges are initiated and whether a pending case should be concluded, but judges also have a role in evaluating those decisions.
Adams’s term concludes in early 2026, but he is campaigning for reelection and faces several challenges in the Democratic primary.
