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Judge in Mayor Adams' corruption case isn’t dropping the charges — for now
By
Samantha Max
Published Feb 21, 2025
Modified Feb 21, 2025
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Ed Reed / Mayoral Photography Office
By
Samantha Max
Published Feb 21, 2025
Modified Feb 21, 2025
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The federal judge overseeing Mayor Eric Adams’ corruption case appointed an outside attorney Friday to weigh in on whether the charges should be dismissed.
U.S. District Judge Dale Ho issued a ruling assigning Paul Clement, a former solicitor general under President George W. Bush, to assess whether the indictment should be dropped. Ho ordered Clement to submit his thoughts in writing by March 7, with the possibility of a hearing the following week.
Ho said in his order that he wants to hear a different perspective, because the typical “adversarial” nature of a criminal prosecution no longer existed in the Adams case. Both parties — Adams and the government — are now seeking to have the charges dismissed.
“Normally, courts are aided in their decision-making through our system of adversarial testing, which can be particularly helpful in cases presenting unusual fact patterns or in cases of great public importance,” Ho wrote.
The order came after an extraordinary series of developments that prompted the resignations of four top officials in the Adams administration, as well as federal prosecutors in Manhattan and Washington.
Last week, Acting Deputy U.S. Attorney General Emil Bove directed prosecutors to drop Adams’ case, arguing in a memo that it was brought too close to the 2025 mayoral race and was interfering with the mayor’s ability to focus on immigration issues and violent crime. Several prosecutors resigned in protest, starting with acting Manhattan U.S. Attorney Danielle Sassoon, a Republican. She wrote in a letter that the charges were brought nine months before the June 2025 Democratic mayoral primary and that the move to drop charges in exchange for cooperation on immigration enforcement amounted to a quid pro quo.
Justice Department attorneys in Washington D.C. signed off on a motion to dismiss the case late last Friday.
Adams has pleaded not guilty to accepting bribes from officials associated with the Turkish government in exchange for forcing the opening of the Turkish consulate in 2021 despite fire safety concerns. Adams allegedly also knowingly accepted illegal campaign donations from foreigners.
During a hearing on the motion this week, Ho spoke about the importance of “adversarial testing” — when different parties argue opposing legal theories. He said that considering conflicting ideas can help to “sharpen the thinking.”
Ho ordered Clement to address several key questions, including whether he should consider documents outside the motion to dismiss the case, such as Bove’s memo instructing prosecutors to drop the charges and the fiery resignation letters in response that were made public last week.
“I think he’s taking the prudent, careful course,” said Joshua Naftalis, a former federal prosecutor in Manhattan said.
With both sides telling the judge that he needs to dismiss the indictment, Naftalis said, asking an independent attorney to argue the opposite will help him to figure out if they’re right.
“What is the role of a judge here?” the former prosecutor said. “He can’t just be a rubber stamp.”
Carl Tobias, a University of Richmond law professor who specializes in the federal judiciary, said Clement is “highly respected” and can assist the judge as he wades through complex legal questions.
“ I don’t think he has any dog in this fight,” Tobias said. “He really is trying to just help the judge — and everybody — work through this.”
Clement is a prominent conservative lawyer who now focuses on appellate cases in private practice. He has argued more than 100 cases before the U.S. Supreme Court, according to a biography on his law firm’s website.
Adams’ lawyer and the Justice Department did not immediately respond to inquiries.
Adams was supposed to stand trial this April, in the midst of his primary campaign. Ho canceled that court date while he evaluates the future of the case. He also said in his latest ruling that Adams doesn’t need to appear at future court rulings, after the prosecution and the defense both raised concerns that the case was impeding the mayor’s ability to govern.
But the ruling means that Adams’ case will continue to linger for at least several more weeks.
This story has been updated with additional information.
Tagged
courts
new york city
Politics
Mayor Eric Adams
Samantha Max
Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.
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