Federal Judge Dale Ho today released his decision that ends ‘with prejudice’ the Department of Justice’s (DOJ) prosecution of New York City Mayor Eric Adams on corruption charges. The DOJ had asked the court to drop the case against Adams ‘without prejudice,’ meaning that it could bring the charges again whenever it chose to do so in the future. By ruling that the case is dismissed with prejudice, Judge Ho blocks the DOJ from bringing the charges against Adams in the future, thus removing possible leverage by the Trump Administration against Adams.
Both the Trump Administration and Adams denied that the DOJ’s intent to dismiss the case was tte result of a quid pro quo that made dismissal contingent on Adams working to enforce Trump Administration immigration policies.
“Despite denying that this case involves a quid pro quo with Mayor Adams, DOJ argues that there would be nothing wrong with the executive branch explicitly conditioning dismissal of charges against a public official in exchange for his support of the administration’s policy agenda,” Judge Ho wrote in the dismissal decision.
“The Government may not bring the charges in the Indictment against Mayor Adams in the future,” Ho explained in the ruling. “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’s decision of 78 pages examined the DOJ’s contention that dismissal of the case was necessary in order to allow Mayor Adams not to be distracted from working with the administration on immigration enforcement.
“DOJ’s immigration enforcement rationale is both unprecedented and breathtaking in its sweep,” Judge Ho wrote. “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. 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.”
Ho said that the decision is not about whether Mayor Adams is innocent or guilty.
“Mayor Adams, like any person accused of a crime, is presumed innocent until proven guilty,” Judge Ho said. “If this case were to proceed to trial, it would be the Government’s burden to prove, beyond a reasonable doubt, each element of the offenses with which he is charged. Because of DOJ’s decision to abandon this case, that trial will not occur.”
Judge Ho said that the court has no authority to require that prosecution of Mayor Adams continue, and that there are limits to the court’s authority under the Constitution.
Adams is running for reelection this fall. He was indicted in September on charges that included bribery, wire fraud, conspiracy and soliciting campaign contributions from foreign entities. Adams had consistently said that the charges were politically motivated. It was alleged that Adams received benefits from the Turkish government and put pressure on New York City departments to approve permits so that a Turkish building in Manhattan could open after it had failed to pass inspections.
