Former Watergate Prosecutor Urges Judge to Dismiss Motion to Drop Charges Against NYC Mayor
Nick Akerman argues that dismissing the charges without prejudice would provide the Trump administration with ‘significant leverage over Mr. Adams.’
A former member of the Watergate prosecution team has filed a new court argument urging a federal judge to deny the Trump administration’s request to drop charges against New York City Mayor Eric Adams.
The purported agreement means that dropping the charges “is not in the public interest,” Akerman asserted. He remarked that dismissing the charges without prejudice would grant the Trump administration “significant leverage over Mr. Adams to ensure compliance with the administration’s directives, with the threat of reinstating the indictment looming.”
Akerman, who served at the U.S. Attorney’s Office for the Southern District of New York from 1976 to 1983, also indicated that acting U.S. Deputy Attorney General Emil Bove, who instructed Sassoon to drop the charges, has issued inconsistent statements about the case, further raising concerns about complying with the request.
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Federal regulations permit the government to dismiss charges against a defendant “with leave of court.” This provides a solid legal foundation for the court to deny the DOJ’s motion, based on the claim that its dismissal request forms a part of this corrupt arrangement between the DOJ and Mr. Adams, Akerman wrote.
The filing is a motion for the nonprofit group Common Cause, known for its criticism of the Trump administration, to be allowed to participate as amicus curiae, or friend of the court, in the case. The organization argues that no existing party in the case adequately represents the public’s interest.
The filing further requests that Judge Ho appoint a special counsel to advise the court, enabling discovery to scrutinize the DOJ’s decision-making process, compel Bove to appear in court to clarify his stance, and sanction the DOJ and/or Bove for “making inappropriate and unethical demands on prosecutors in New York and Washington.”
Sassoon and several other prosecutors resigned following Bove’s request, with at least two confirming it was due to that request.
Scotten, along with three other DOJ officials, has filed notice with the court regarding their withdrawal from the case.
The DOJ did not respond to a request for comment regarding Akerman’s filing or the withdrawals.
Bove and other officials have claimed in their motion that dismissing the charges is necessary “due to concerns over appearances of impropriety and risks of interference with the upcoming 2025 elections in New York City.” They also state that proceeding with the prosecution would hinder Adams’s ability to govern the city, “which poses unacceptable threats to public safety, national security, and related federal immigration initiatives and policies.”
Tom Ozimek contributed to this report.
