NEW YORK CTY, NY - A federal judge has dismissed the public corruption case that was brought by the former Biden administration against Mayor Eric Adams.
According to the Post Millennial, back in February, Acting Deputy Attorney General Emil Bove requested that the case be dismissed with prejudice, meaning the case cannot be brought again. In his decision, Manhattan Federal Judge Dale Ho criticized the attempt to dismiss the case in order to get Adams' alleged cooperation on immigration matters.
He wrote, "DOJ's immigration enforcement rationale is both unprecedented and breathtaking in its sweep. DOJ cites no examples and the Court is unable to find any, of the government dismissing charges against an elected official because doing so would enable the official to facilitate federal policy goals."
Ho added, "And DOJ's assertion that it has 'virtually unreviewable' license to dismiss charges on the basis is disturbing in its breadth, implying that public officials may receive special dispensation if they are compliant with the incumbent administrations' policy priorities. That suggestion is fundamentally incompatible with the basic promise of equal justice under law."
Paul Clement, the former solicitor general under President George W. Bush who advised Ho on the matter, said that the idea of a mayor feeling indebted to the president over fears that cause would be brought again was "deeply troubling."
Ho wrote, "[After] DOJ decided to seek dismissal of his case, the Mayor took at least one new immigration-related action consistent with the preferences of the new administration. Everything here smacks of a bargain: dismissal of the indictment in exchange for immigration policy concessions."
Adams' attorney, Alex Spiro vouched for the mayor, saying, "The case against Eric Adams should have never been brought in the first place and finally today that case is gone forever. From Day 1, the mayor has maintained his innocence and now justice for Eric Adams and New Yorkers has prevailed."
Ho also wrote in his decision that there was "no evidence - zero" that prosecutors with the Southern District of New York "had any improper motives." According to CNBC, Ho said that dismissing the case without prejudice "would create unavoidable perception that the Mayor's freedom depends on his ability to carry out the immigration enforcement priorities of the administration."
He also said that it would create the perception that Adams, who is seeking re-election this year, "might be more beholden to the demands of the federal government than to the wishes of his own constituents." Ho wrote, "That appearance is inevitable and it counsels in favor of dismissal with prejudice."
The judge noted that Adams requested a dismissal with prejudice and that the DOJ had not opposed the motion, "effectively waiving any objection to permanent dismissal of this case." In a news conference, Adams said, "This case should have never been brought and I did nothing wrong. I'm no happy that our city can finally close the book on this to focus. I want to thank New Yorkers who stood by my side, who prayed for me, who supported me from day one, that stuck with me while we focused on the work at hand."
In a statement, the DOJ said, "This case was an example of political weaponization and a waste of resources. We are focused on arresting and prosecuting terrorists while returning the Department of Justice to its core mission of keeping Americans safe."
According to the Post Millennial, back in February, Acting Deputy Attorney General Emil Bove requested that the case be dismissed with prejudice, meaning the case cannot be brought again. In his decision, Manhattan Federal Judge Dale Ho criticized the attempt to dismiss the case in order to get Adams' alleged cooperation on immigration matters.
He wrote, "DOJ's immigration enforcement rationale is both unprecedented and breathtaking in its sweep. DOJ cites no examples and the Court is unable to find any, of the government dismissing charges against an elected official because doing so would enable the official to facilitate federal policy goals."
Ho added, "And DOJ's assertion that it has 'virtually unreviewable' license to dismiss charges on the basis is disturbing in its breadth, implying that public officials may receive special dispensation if they are compliant with the incumbent administrations' policy priorities. That suggestion is fundamentally incompatible with the basic promise of equal justice under law."
Paul Clement, the former solicitor general under President George W. Bush who advised Ho on the matter, said that the idea of a mayor feeling indebted to the president over fears that cause would be brought again was "deeply troubling."
Ho wrote, "[After] DOJ decided to seek dismissal of his case, the Mayor took at least one new immigration-related action consistent with the preferences of the new administration. Everything here smacks of a bargain: dismissal of the indictment in exchange for immigration policy concessions."
Adams' attorney, Alex Spiro vouched for the mayor, saying, "The case against Eric Adams should have never been brought in the first place and finally today that case is gone forever. From Day 1, the mayor has maintained his innocence and now justice for Eric Adams and New Yorkers has prevailed."
Ho also wrote in his decision that there was "no evidence - zero" that prosecutors with the Southern District of New York "had any improper motives." According to CNBC, Ho said that dismissing the case without prejudice "would create unavoidable perception that the Mayor's freedom depends on his ability to carry out the immigration enforcement priorities of the administration."
He also said that it would create the perception that Adams, who is seeking re-election this year, "might be more beholden to the demands of the federal government than to the wishes of his own constituents." Ho wrote, "That appearance is inevitable and it counsels in favor of dismissal with prejudice."
The judge noted that Adams requested a dismissal with prejudice and that the DOJ had not opposed the motion, "effectively waiving any objection to permanent dismissal of this case." In a news conference, Adams said, "This case should have never been brought and I did nothing wrong. I'm no happy that our city can finally close the book on this to focus. I want to thank New Yorkers who stood by my side, who prayed for me, who supported me from day one, that stuck with me while we focused on the work at hand."
In a statement, the DOJ said, "This case was an example of political weaponization and a waste of resources. We are focused on arresting and prosecuting terrorists while returning the Department of Justice to its core mission of keeping Americans safe."
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