NEW YORK – Mayor Eric Adams of New York City is set to appear before a federal judge on Wednesday, who will determine the fate of the Justice Department’s request to dismiss corruption charges against him. This request comes just weeks before a scheduled trial in April, leading to significant shifts in the case’s direction.
Judge Dale E. Ho has convened an afternoon hearing, marking his initial response to the government’s recent request, which surfaced following a weeklong conflict among government attorneys. This internal tumult resulted in the resignations of several top prosecutors both in New York and Washington, D.C., who were unwilling to pursue a dismissal of the case. Ho has instructed both parties involved to prepare for discussions surrounding the rationale behind the government’s push for dismissal, the implications of Mayor Adams’s written consent, and the necessary procedures for addressing the motion.
In his order, Judge Ho referenced an opinion from the 2nd U.S. Circuit Court of Appeals, highlighting that Rule 48(a) of the Federal Rules of Criminal Procedure was not instituted to transfer complete authority from the Executive to the Judicial Branch. Instead, it was meant to provide a mechanism for oversight of power. The appeals court asserted that the Executive Branch is generally best positioned to assess whether a prosecution should be halted, recommending that judicial interference should only occur when clearly contrary to public interest.
Ho further underscored that a judge has distinct responsibilities once the government has engaged the judicial system by securing an indictment or conviction. He cited that a judge must be “satisfied that the reasons advanced for the proposed dismissal are substantial” before granting such a request. This upcoming hearing takes place as an increasing number of former prosecutors voice their concerns regarding recent developments, with some advocating for Judge Ho to investigate whether the Justice Department’s actions were appropriate.
In a letter released late Monday by Justice Connection, a group that advocates for Justice Department employees, over 900 former federal prosecutors expressed their alarm over perceived threats to the foundational values of a fair legal system. The letter commended current prosecutors for demonstrating courage in facing ethical dilemmas that no public official should encounter, reaffirming their commitment to justice and principle within the Department of Justice.
The letter followed submissions by three former U.S. attorneys from New York, New Jersey, and Connecticut, proposing that Judge Ho appoint a special prosecutor should he find wrongdoing by the Justice Department, or that all evidence be made accessible to local and state prosecutors. Mayor Adams has entered a plea of not guilty concerning allegations that, during his time as Brooklyn borough president, he accepted more than $100,000 in illicit campaign contributions and extravagant travel benefits from various figures aiming to gain his influence.
Recent days have been marked by an unprecedented public dispute involving Emil Bove, the Justice Department’s second-in-command, and two prominent federal prosecutors in New York: Danielle Sassoon, the interim U.S. Attorney for Manhattan, and Hagan Scotten, who had led the prosecution against Adams. Bove claimed that the case had hindered Mayor Adams from effectively addressing illegal immigration and violent crime.
Amid these controversies, Sassoon tendered her resignation last Thursday, followed by the departure of five other high-ranking Justice officials. Scotten also stepped down, stating that Sassoon acted rightly in resisting any demands to drop the charges, along with concerns about the potential for their reinstatement following the upcoming elections. He articulated that no lawful system can permit the government to manipulate prosecutions to compel elected officials to align with its policy goals.
On Monday, amid increasing calls for his resignation from certain Democrats, Mayor Adams acknowledged that four of his senior aides had decided to resign, a fallout stemming from the Justice Department’s efforts to close the corruption case against him while negotiating his support for Trump’s immigration enforcement actions. Governor Kathy Hochul of New York has also indicated that she is contemplating the potential removal of Adams from office.
