In a significant development for Mayor Eric Adams, a third-party lawyer has recommended that his federal corruption case be dismissed permanently. Paul Clement, a conservative lawyer with an extensive legal background, including service as the U.S. Solicitor General under George W. Bush, has urged that the charges against Mayor Adams be dropped with prejudice. This would prevent any prospects of revival, dismissing the notion that Adams could be influenced by political forces, according to a legal filing reported by New York Post. Clement was appointed by federal Judge Dale Ho to provide an independent analysis of the Department of Justice's (DOJ) intention to possibly reopen the case after the mayoral election.
Adams was charged last September with accusations that he exchanged political favors for bribes and illegal campaign donations, specifically from Turkish nationals looking to establish a new Turkish embassy. The prosecution had initially slated a trial for this spring. However, in a controversial move that led to the resignation of several career prosecutors, Acting Deputy Attorney General Emil Bove had instructed the federal lawyers in Manhattan to halt the proceedings. The case has been the subject of intense scrutiny, and Clement wrote that "A dismissal without prejudice creates a palpable sense that the prosecution ... could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused," according to an amicus brief obtained by Gothamist.
The recommendation by Clement has raised the stakes in a politically charged situation, where some alleged a possible quid pro quo between Adams and the former Trump administration over immigration policy enforcement. Both parties have denied this. The particulars of the case, including an insistence by Adams' attorneys that the government's actions have irrevocably damaged his presumption of innocence, have led to a complicated legal impasse. Adams' attorney, Alex Spiro, claimed through a spokesperson that the case should rightfully conclude, stating, "The first-of-its-kind airline upgrade corruption case is now over."
Clement's argument emphasized that political considerations should not be allowed to influence legal outcomes. If these considerations impacted the decision to indict, Clement argued that a dismissal with prejudice, "would definitively eliminate that taint," as noted in his submission. Despite this recommendation, the DOJ has not yet formally responded to the filing. The decision to drop the case permanently would not only offer reprieve to Mayor Adams but also signal an attempt to eliminate any inferred political maneuvering that has marred the process. This entire episode has prompted a political firestorm, catalyzing calls for the mayor's resignation and even halting his reelection campaign efforts, thus paving the way for political adversaries to gain ground.
As the legal proceedings continue to unfold, the ball is now in the court of Judge Ho, who must decide on how to proceed with the case. According to the brief shared by Clement, the judge has limited options and could not force the DOJ to continue with the prosecution against their wishes. Adams' legal team has fiercely advocated for a permanent dismissal, particularly after details between Bove and Sassoon were leaked, affecting the potential for a fair trial. The case’s complexities continue to unravel as observers await the final judgment, which could have significant repercussions not just for Adams, but for political prosecutions and their perceived legitimacy.
