Federal corruption charges against New York Mayor Eric Adams should be dropped permanently with no chance of future reinstatement, according to a lawyer retained by the judge overseeing the case to review it.
Granting a Justice Department request to dismiss the case against Adams while retaining the option to reverse that decision “could create the appearance, if not the reality, that the actions of a public official are being driven by concerns about staying in the good graces of the federal executive, rather than the best interests of his constituents,” former US Solicitor General Paul Clement wrote in a 33-page brief filed earlier in the week.
“Dismissal with prejudice avoids those concerns and promotes another important separation-of-powers virtue – namely, accountability.”
Clement served as solicitor general between 2004 and 2008 under former President George W. Bush.
The Justice Department said in February it would move to drop the charges of bribery, corruption, wire fraud and soliciting and accepting donations from foreign nationals against Adams.
At the same time, the Democratic mayor said he would help implement Trump’s agenda to combat illegal immigration.
As a sanctuary city, New York limits cooperation with federal immigration law enforcement, including making arrests and sharing information.
Lawyers for Adams have argued there is no “quid pro quo” with the Justice Department, despite the timing.
Eight federal prosecutors have so far resigned in protest after the DOJ order.
Four of Adams’ deputy mayors also resigned because of his move to cooperate with federal immigration officials.
Adams is running for a second term in office despite the corruption charges, with a primary scheduled for June.
In his submission to the judge, Clement argued the only way to ensure there is no perception of impropriety, is to permanently drop the charges against Adams so they cannot be used in future as leverage.
“Even if this Court were to deny the government’s motion, it could not constitutionally force the executive to proceed, which would likely necessitate a dismissal with prejudice on speedy-trial grounds,” Clement wrote in the brief Friday.
In late February, a federal judge in New York declined to drop the charges against Adams following a Justice Department motion to dismiss the corruption charges related to bribery.
At the same time, Judge Dale Ho, a district judge in the Southern District of New York, appointed Clement to review the case and challenge the Justice Department’s arguments to end the prosecution. (UPI)
