A federal judge on Wednesday dismissed sweeping public corruption charges against Mayor Adams “with prejudice,” blasting the Trump administration’s bid to potentially revive them while leveraging the mayor’s help in hardline immigration enforcement as a “disturbing” bargain.
While the judgment caps a months long legal saga by letting Adams off the hook, Manhattan Federal Judge Dale Ho’s decision was not based on the merits of the case against him or a belief of whether he was innocent or guilty. It served as a searing condemnation of the Justice Department’s position that it could drop the case to secure the mayor’s cooperation on immigration matters, which he called “disturbing in its breadth.”
“DOJ’s immigration enforcement rationale is both unprecedented and breathtaking in its sweep. DOJ cites no examples, and the Court is unable to find any, of the government dismissing charges against an elected official because doing so would enable the official to facilitate federal policy goals,” Ho wrote in his 78-page decision.
“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 promise of equal justice under law.”
Less than a month after Trump took office, Emil Bove — Trump’s former criminal defense attorney turned top Justice Department official — on Feb. 14 asked Ho to dismiss the case without prejudice, which would have meant federal authorities could bring it again, a provision Adams agreed to.
Bove argued that the case had national security implications by restricting Adams’s ability to cooperate with the feds on immigration matters, interfered with the mayor’s ability to govern, and was improperly filed within nine months of the mayoral primary. Bove declined to comment on Ho’s decision when reached by the Daily News on Wednesday.
Ho rejected assertions that the timing of the case was improper as “not just thin, but pretextual,” finding it was entirely consistent with previous public corruption prosecutions.
His ruling was in line with the findings of an independent lawyer, Paul Clement, who he appointed to advise him on the matter. The former solicitor general under President George W. Bush recommended that the judge dismiss the case for good. Clement found that the possibility of the mayor feeling indebted to the president rather than New Yorkers out of fear that he could be reindicted was “deeply troubling.”
“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,” Ho wrote.
“[After] DOJ decided to seek dismissal of his case, the Mayor took at least one new immigration-related action consistent with the preferences of the new administration. Everything here smacks of a bargain: dismissal of the Indictment in exchange for immigration policy concessions,” the judge later added, referencing Adams’s decision to let ICE operate on Rikers, which he said appeared “to be contrary to New York City law.”
In addition to the government’s motion, Ho had to consider a separate request from the embattled Democratic mayor to toss the charges permanently and arguments from former federal judges and prosecutors, which urged him to scrutinize the terms behind the dismissal deal closely and consider appointing a special prosecutor.
Ho found that even if he were to deny the bid to dismiss the case, it would almost “certainly” be futile, with prosecutors able to run out the clock by delaying the trial that was set to start this month by more than 70 days, which would lead to a dismissal.
“[A]bsent a sudden change of heart at DOJ, such a denial would produce only a staring contest,” Ho wrote.
In a brief appearance outside his Gracie Mansion residence after Ho’s order, Adams said he’s “happy that our city can finally close the book” on his indictment and railed against the press and his critics for spreading what he called “false” information about his criminal case.
Throughout his opinion on Wednesday, Ho, a Biden appointee, noted it was not based on the case’s merits. He entirely rejected parts of the DOJ and the mayor’s claims that the prosecutors who were trying the case before the Trump administration intervened had political motivations.
Both sides also lobbed accusations at former Manhattan U.S. Attorney Damian Williams, accusing him of bringing the prosecution that stemmed from an investigation that began before Adams won the 2021 mayoral election for personal gain. Williams declined to comment when reached by The News Wednesday.
“[The] Southern District of New York prosecutors who worked on this case followed all appropriate Justice Department guidelines. There is no evidence—zero—that they had any improper motives,” the judge wrote.
The mayor faced scathing criticism for agreeing to the terms laid out by the Trump administration and saw calls for his removal amid concerns he was sacrificing New York City’s immigrant communities to save his own skin.
Those criticisms reached a fever pitch when Adams appeared on “Fox & Friends” with Trump’s border czar Tom Homan, who said he’d be “up [the mayor’s] butt” if he didn’t play ball with the Trump administration as it sought to carry out deportations.
Bove filed the dismissal bid after the interim head of the Manhattan U.S. attorney’s office, Danielle Sassoon — a veteran prosecutor and registered Republican whom Trump had installed in the senior role on his first full day in office — quit rather than obey the order to wind down the case, in which Adams faced up to 45 years in prison if convicted.
Sassoon wrote to Trump’s new Attorney General Pam Bondi before resigning, saying she had been preparing to sign off on more charges accusing the mayor of attempting to conceal his crimes from the FBI and ordering others to do the same. She said the proposed arrangement amounted to a “quid pro quo” between Adams and the Trump administration, “indicating that Adams would be in a position to assist with the Department’s enforcement priorities only if the indictment were d
“[The] Southern District of New York prosecutors who worked on this case followed all appropriate Justice Department guidelines. There is no evidence—zero—that they had any improper motives,” the judge wrote.
The mayor faced scathing criticism for agreeing to the terms laid out by the Trump administration and saw calls for his removal amid concerns he was sacrificing New York City’s immigrant communities to save his own skin.
Those criticisms reached a fever pitch when Adams appeared on “Fox & Friends” with Trump’s border czar Tom Homan, who said he’d be “up [the mayor’s] butt” if he didn’t play ball with the Trump administration as it sought to carry out deportations.
Bove filed the dismissal bid after the interim head of the Manhattan U.S. attorney’s office, Danielle Sassoon — a veteran prosecutor and registered Republican whom Trump had installed in the senior role on his first full day in office — quit rather than obey the order to wind down the case, in which Adams faced up to 45 years in prison if convicted.
Sassoon wrote to Trump’s new Attorney General Pam Bondi before resigning, saying she had been preparing to sign off on more charges accusing the mayor of attempting to conceal his crimes from the FBI and ordering others to do the same. She said the proposed arrangement amounted to a “quid pro quo” between Adams and the Trump administration, “indicating that Adams would be in a position to assist with the Department’s enforcement priorities only if the indictment were dismissed
