(NEW YORK) — A federal judge in New York on Wednesday dismissed corruption charges against Mayor Eric Adams, but not in the way the Trump administration wanted.
Judge Dale Ho dismissed the case with prejudice, meaning it cannot be revived.
The Justice Department sought to have the case dismissed to free up Adams to cooperate with the mayor’s immigration agenda, however, the department wanted the case dismissed without prejudice, meaning it could be brought again.
Adams was indicted last year in the Southern District of New York on five counts in an alleged long-standing conspiracy connected to improper benefits, illegal campaign contributions and an attempted cover-up. He had pleaded not guilty.
Ho declined to endorse the DOJ’s desired outcome.
“In light of DOJ’s rationales, dismissing the case without prejudice would create the unavoidable perception that the Mayor’s freedom depends on his ability to carry out the immigration enforcement priorities of the administration, and that he might be more beholden to the demands of the federal government than to the wishes of his own constituents. That appearance is inevitable, and it counsels in favor of dismissal with prejudice,” Ho decided.
Ho’s 78-page opinion dismantled the Justice Department’s stated rationale for dismissal: so Adams could focus on the Trump administration’s immigration priorities.
The judge said he could find no other example of the government dismissing charges against an elected official to enable the official to facilitate federal policy goals.
“DOJ’s immigration enforcement rationale is both unprecedented and breathtaking in its sweep,” Ho said. “And DOJ’s assertion that it has ‘virtually unreviewable’ license to dismiss charges on this basis is disturbing in its breadth, implying that public officials may receive special dispensation if they are compliant with the incumbent administration’s policy priorities. That suggestion is fundamentally incompatible with the basic premise of equal justice under the law.”
Ho also made clear he was not weighing the facts of the case and said his decision “is not about whether Mayor Adams is innocent or guilty.”
Still, Adams’ lawyer celebrated the decision to drop the charges without the fear of them being revived after the mayoral election in November — as the Justice Department had threatened.
“The case against Eric Adams should have never been brought in the first place — and finally today that case is gone forever,” Alex Spiro, Adams’ lawyer, said in a statement. “From Day 1, the mayor has maintained his innocence and now justice for Eric Adams and New Yorkers has prevailed.”
The decision to dismiss the charges came just days after Adams’ lawyer had pushed for them to be dismissed ahead of the April 3 deadline for petitions to be submitted for mayoral candidates to get on the June primary ballot. Adams has said he will run as a Democrat in the primary despite criticism from opponents he has cozied up to the Trump administration in recent months, meeting with the president and attending his Inauguration instead of scheduled Martin Luther King Day events in the city.
The decision by Ho followed the recommendation from Paul Clement, who served as solicitor general under the Bush administration and was appointed by Ho to make an independent assessment of the case.
“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 said.
The eventual dismissal came after a scathing letter from acting U.S. Attorney Danielle Sassoon to U.S. Attorney General Pam Bondi, suggesting acting Deputy Attorney General Emil Bove and other members of DOJ leadership were explicitly aware of a quid pro quo suggested by Adams’ attorneys, saying Adams’ vocal support of Trump’s immigration policies would be boosted by dismissing the indictment against him.
Sassoon, who was appointed by President Donald Trump, resigned in protest along with several other career DOJ officials.
Spiro, Adams’ lawyer, balked at the notion of a quid pro quo following Sassoon’s resignation: “The idea that there was a quid pro quo is a total lie. We offered nothing and the department asked nothing of us.”
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