New York City Mayor Eric Adams' corruption case should be dismissed with prejudice, outside attorney tells judge
New York City Mayor Eric Adams' corruption case should be dropped with prejudice to prevent the appearance that Adams remains under political pressure due to the specter of a possible future indictment, an outside attorney appointed by the court told the judge in the case Friday.
At the last court hearing, Judge Dale Ho appointed Paul Clement as an outside attorney to argue before the court over the Department of Justice's memo to drop the charges without prejudice. If the charges were dropped without prejudice, as the DOJ wanted, Adams could potentially be reindicted in the future.
Judge Ho ordered briefs to be submitted by March 7 and said oral arguments will take place March 14, if needed.
And in a separate filing Friday night, the Justice Department again sought the dismissal of the corruption case against Adams, but without prejudice.
In the 22-page motion, Acting Deputy Attorney General Todd Blanche and Principal Associate Deputy Attorney General Emil Bove, a one-time defense attorney for President Trump, again disputed allegations that he and Adams had engaged in a quid pro quo, repeating some of the arguments he made in court last month.
"These arguments are frivolous to such an extent that they only serve to reveal the underlying improper political motivations of their proponents," they argued. "A senior official from the Department has represented to the Court that the Motion is not based on a quid pro quo."
"The proverbial Sword of Damocles"
Clement filed his brief with the court Friday afternoon. In his brief, Clement argues that Judge Ho should dismiss the case with prejudice, meaning that if the charges are dropped, they could not be brought again.
"A dismissal without prejudice creates a palpable sense that the prosecution outlined in the indictment and approved by a grand jury could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused," Clement wrote. "Such an ongoing prospect of re-indictment is particularly problematic when it comes to the sensitive task of prosecuting public officials. There is an inherent risk that once an indictment has been procured, the prospect of reindictment could create the appearance, if not the reality, that the actions of a public official are being driven by concerns about staying in the good graces of the federal executive, rather than the best interests of his constituents."
In making their request to drop the case, the Justice Department said the case interfered with Adams' reelection campaign and his ability to cooperate with the Trump administration's immigration crackdown.
The memo set off a spate of resignations from Adams' own deputy mayors and from the U.S. attorney's office, where top prosecutor Danielle Sassoon raised concerns the request amounted to a quid pro quo to drop the charges in exchange for his cooperation -- particularly, because the DOJ called for the case to be dismissed "without prejudice," meaning it could be filed again in the future.
Adams said Friday he appointed four new deputy mayors: Adolfo Carrión, Jr. as deputy mayor for housing, economic development, and workforce; Suzanne Miles-Gustave, Esq. as deputy mayor for health and human services; Jeffrey D. Roth as deputy mayor for operations; and Kaz Daughtry as deputy mayor for public safety.
The mayor and his attorney have maintained his innocence and denied the quid pro quo allegations. Earlier this week, Adams testified before a House Oversight Committee hearing on sanctuary cities, where he was asked about his corruption case.
"There's no deal, no quid pro quo, and I did nothing wrong," Adams said Wednesday. "Anything dealing with this case, out of deference to Judge Ho, who's now to addressing it, I am going to refer to his actions."
His attorney also filed for the case to be dismissed, citing prosecutorial misconduct over Sassoon's leaked resignation letter.
Mayor Eric Adams' indictment
Adams was indicted last September on five counts of federal bribery and campaign finance violations, becoming the city's first sitting mayor to face charges. He is accused of soliciting illegal campaign donations from wealthy, foreign donors in exchange for political favors and failing to disclose luxury travel upgrades.
He pleaded not guilty and has repeatedly waved off calls for his resignation, saying he will continue to lead the city. Gov. Kathy Hochul who has the power to remove him from office, consulted key leaders and announced a plan to put "guardrails" around his administration.
Several members of the mayor's inner circle resigned or retired around when the indictment was announced, including former NYPD Commissioner Edward Caban, former Schools Chancellor David Banks, former Health Commissioner Ashwin Vasan and former Deputy Mayors Sheena Wright and Philip Banks III, among others.
Two members of his team were also hit with charges -- former top advisor Ingrid Martin-Lewis has pleaded not guilty, and former Muslim community liaison Mohamed Bahi is expected to plead guilty, according to court documents.
Meanwhile, Adams' legal troubles continue to play out as he mounts his reelection campaign, facing a crowded field of Democratic candidates, including former Gov. Andrew Cuomo and City Council Speaker Adrienne Adams, who joined the race Thursday.
