Judge deciding whether to let charges drop against NYC Mayor Eric Adams is about to get key advice

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Former U.S. Solicitor General to Weigh In on Dropping Corruption Charges Against NYC Mayor Eric Adams

A significant legal development is unfolding in New York as a former U.S. solicitor general has been appointed to provide arguments on whether to drop corruption charges against New York City Mayor Eric Adams. Judge Dale E. Ho, presiding over the case in Manhattan, has enlisted the expertise of Paul Clement, who served as solicitor general under President George W. Bush. Clement is set to submit written arguments by Friday, with the possibility of oral arguments following a week later. This move by Judge Ho aims to ensure a thorough and adversarial process in determining whether the Justice Department’s request to dismiss the charges should be granted.

Background of the Case and the Government’s Request

The case against Mayor Adams stems from his indictment in September, where he was accused of accepting over $100,000 in illegal campaign contributions and travel perks from a Turkish official and others seeking political influence during his tenure as Brooklyn borough president. Adams has pleaded not guilty, maintaining his innocence. The Justice Department, under Acting Deputy U.S. Attorney General Emil Bove, has requested that the charges be dropped, citing concerns that the case could interfere with Adams’ reelection campaign and distract him from supporting the Trump administration’s law-and-order initiatives. Bove has suggested that the charges could be reinstated post-election, depending on the discretion of the new permanent U.S. attorney.

Adams’ Legal Team Seeks Permanent Dismissal

Lawyers representing Mayor Adams have counteracted by asking for the charges to be dismissed “with prejudice,” which would prevent them from being refiled in the future. Judge Ho has yet to rule on this request. The legal team’s motion underscores their confidence in Adams’ innocence and seeks to prevent any future legal proceedings related to these allegations, ensuring that the mayor can continue his duties without the burden of potential charges looming over him.

Judge Ho’s Call for Comprehensive Legal Arguments

Judge Ho has outlined specific legal issues that need to be addressed by all parties involved, including Paul Clement. These include the legal standard for dismissing charges, whether the court should consider materials beyond the motion itself, and the circumstances under which additional procedural steps and further inquiry are necessary. Additionally, Ho has asked for arguments on when dismissal without the possibility of reinstating charges is appropriate. This approach reflects Ho’s commitment to a rigorous and transparent legal process, ensuring that all aspects of the case are thoroughly examined before a decision is made.

Internal Conflict Within the Justice Department

The case has also revealed internal tensions within the Justice Department. Acting Deputy U.S. Attorney General Emil Bove initially directed then-interim U.S. Attorney Danielle Sassoon to request the dismissal, but she refused, citing improper considerations driving the request. In a February 12 letter to Attorney General Pam Bondi, Sassoon expressed her objection, stating that she could not agree to a dismissal that appeared politically motivated. She also pointed out that the indictment was filed nine months before the Democratic mayoral primary, aligning with the Justice Department’s policy on election-year sensitivities. Sassoon’s resignation was accepted by Bove the day after her letter, and she was followed by six other prosecutors, including five high-ranking officials, who also resigned in protest of the dismissal request.

Implications and Potential Outcomes

The involvement of Paul Clement adds significant weight to the case, as his arguments will provide a balanced perspective in the adversarial process. The submission of written arguments by Friday and the potential for oral arguments next week indicate that Judge Ho is moving expeditiously to reach a decision. The outcome of this case could have far-reaching implications for Mayor Adams’ political career and the administration of justice in high-profile cases. Depending on the court’s decision, the case could either be dismissed permanently, allowing Adams to focus on his reelection campaign without legal encumbrances, or it could be reinstated, potentially impacting his political future. The judicial process will now unfold with careful consideration of the legal standards and potential precedents set by this decision.

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