By Jonathan Stempel and Luc Cohen
NEW YORK (Reuters) -A lawyer asked to offer independent arguments on whether to end the U.S. Department of Justice’s corruption case against New York City Mayor Eric Adams recommended on Friday that the case be dismissed.
But the lawyer, former U.S.
Solicitor General Paul Clement, urged that the case be dismissed with prejudice, meaning it cannot be brought again, rather than leave open a possibility for renewal as the Justice Department requested.
Critics of the Justice Department and Adams said a dismissal without prejudice would make the Democratic mayor beholden to Republican U.S.
President Donald Trump’s administration, especially in advancing its crackdown on immigration.
“A dismissal without prejudice creates a palpable sense that the prosecution outlined in the indictment and approved by a grand jury could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused,” Clement wrote.
“The prospect of reindictment 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,” he added.
In a court filing later on Friday, lawyers for Adams said U.S.
District Judge Dale Ho must dismiss the case, but had the option of doing so with prejudice. Adams had initially consented to the Justice Department’s request to dismiss the charges without prejudice.
Ho appointed Clement, a conservative who was solicitor general under Republican President George W.
Bush, for an independent view of the unusual joint dismissal request by Adams and the Justice Department.
Adams had pleaded not guilty to accepting bribes and illegal campaign contributions from Turkish officials in exchange for favors, including pressuring fire officials to let Turkey open a new consulate in Manhattan despite safety concerns.
The mayor had long viewed the case as retribution for his criticism of surging migration during the administration of Democrat Joe Biden, which brought the case last September.
QUID PRO QUO
Last month, the Acting Deputy Attorney General Emil Bove said a dismissal was appropriate because the case interfered with Adams’ ability to help Trump enforce immigration laws, not because the case was weak or Adams was not guilty.
He left open the possibility of refiling the charges after the city’s November mayoral election.
In the filing later on Friday, Bove and Deputy Attorney General Todd Blanche, whom the U.S.
Senate confirmed two days earlier, urged Ho to swiftly dismiss the case without prejudice, in part because it could impact New York’s November mayoral election.
This prosecution reflects an improper weaponization of the justice system,” wrote Bove and Blanche, who previously served as Trump’s personal criminal defense lawyers.
Bove took charge after several senior prosecutors resigned rather than carry out his order to dismiss the charges, which they viewed as political interference.
Danielle Sassoon, the interim Manhattan U.S.
Attorney at the time, criticized what she viewed as a quid pro quo between Adams and her superiors.
Adams and Bove have denied any quid pro quo.
Ho, a Biden appointee, has acknowledged he may have little choice but to grant a dismissal, but said an outside voice would help him resolve what “everyone would agree is a somewhat unusual situation.”The judge may consider the dismissal request at a March 14 hearing in Manhattan.
He delayed Adams’ April 21 trial indefinitely.
Fifty-six percent of New York City voters, and 72% of Democrats, believe Adams should resign, and just 20% of overall voters approve of his job performance, according to a Quinnipiac University poll released on Wednesday.
Adams, 64, faces an uphill battle should he seek reelection in November, as several Democratic challengers including former New York Governor Andrew Cuomo try to unseat him.
Cuomo drew support from 31% of registered Democrats in the Quinnipiac poll.
Adams received 11% support, and the other candidates were in single digits.
U.S. Senate Democrats filed a professional misconduct complaint against Bove with the New York State Bar on Tuesday, seeking a review of whether he improperly used prosecutorial power to coerce Adams into Trump’s camp.
(Reporting by Luc Cohen and Jonathan Stempel in New York; Editing by Daniel Wallis, Chizu Nomiyama, Cynthia Osterman and Kim Coghill)
