Judge dismisses Eric Adams case and says it cannot be brought again, defying Trump DOJ

DOJ’s effort to drop the case and retaining the ability to restore charges resulted in the mass resignation of several Justice Department officials, including the acting US attorney in the Southern District of New York and the top career prosecutors overseeing public corruption cases.

“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,” Judge Dale Ho wrote Tuesday.

“It ensures that, going forward, the charges in the Indictment cannot be used as leverage over Mayor Adams or the City of New York,” the judge added.

The ruling is in line with the recommendation from Paul Clement, a conservative attorney that Ho appointed to present arguments challenging the Justice Department’s recommendation that the case be dropped without prejudice, meaning it could be brought up again.

Adams, who is up for reelection this fall, was indicted in September on charges related to bribery, wire fraud, conspiracy and soliciting campaign contributions from foreign nationals in exchange for political favors. He has said the charges are politically motivated and pleaded not guilty.

The indictment alleged Adams’ illegal actions stretched back to 2014, when he was Brooklyn Borough president. Prosecutors said Adams received luxury travel benefits including hotel room upgrades, meals and other perks from a Turkish official. In exchange, prosecutors say Adams pressured a New York City Fire Department official to grant permits to open a Turkish consular building that had failed to pass inspection.

In recommending the case be dropped, then-acting Deputy Attorney General Emil Bove said that it’s the Justice Department’s opinion the case was politically motivated and that continuing the prosecution was impeding Adams’ ability to do his job as mayor, including cooperating with President Donald Trump’s immigration crackdown.

“The pending prosecution has unduly restricted Mayor Adams’ ability to devote full attention and resources to the illegal immigration and violent crime that escalated under the policies of the prior Administration,” Bove wrote.

Adams’ legal team argued the looming criminal charges made it difficult for Adams to lead the city and prepare for trial at the same time, along with as much as two months he would have to sit in a courtroom.

When Bove issued his directive ordering a dismissal of the case, he did so without prejudice, meaning the case could be revived in the future after the mayoral election in November 2025.

Bove’s letter spurred several DOJ prosecutors to resign rather than carry out his order.

In her resignation letter, then-acting US attorney for the Southern District of New York, Danielle Sassoon, wrote that Adams’ attorneys “repeatedly urged what amounted to a quid pro quo, indicating that Adams would be in a position to assist with the Department’s enforcement priorities only if the indictment were dismissed.”

In his report to the judge, Clement said the complete dismissal of the case would resolve any taint over the issue.

“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. “Dismissal with prejudice avoids those concerns and promotes another important separation-of-powers virtue – namely, accountability.”

Clement said the judge didn’t need to ignore the public allegations flying between the resigned prosecutors and the Justice Department, but added that it’s not the place for the judge to decide.

“It is almost certainly beyond the judicial ken to definitively resolve that intramural dispute among executive branch prosecutors. It is also unnecessary,” Clement wrote