Federal judge wants ‘adversarial’ review of NYC Mayor Eric Adams-DOJ deal

A federal judge in Manhattan reviewing the Justice Department’s controversial handling of corruption charges against Mayor Eric Adams says he needs more time and more legal input before ruling on the DOJ’s request the criminal case be dismissed.

In a five-page order issued Friday, Judge Dale Ho in Manhattan said because the DOJ and Adams’ legal team are in agreement on a deal that would suspend the charges, the court hasn’t yet heard “adversarial” arguments questioning the arrangement.

Ho then appointed a conservative attorney, Paul Clement, to develop counter-arguments to DOJ’s decision. “[C]ourts 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,” he wrote.

The DOJ’s handling of the Adams case is being widely viewed as an early test of how the Trump administration will use the Justice Department’s sweeping power to advance the White House’s political agenda.

During a hearing in Ho’s court Wednesday, DOJ acting assistant Attorney General Emil Bove made it clear the government is suspending its corruption case against Adams in part so that New York City’s mayor can assist the Trump administration on one of its top policy priorities: identifying and rounding up migrants living in the U.S. without legal status.

Bove urged Ho to rule quickly on the DOJ’s dismissal request, but Ho repeatedly voiced concern about the fact that the government plans to retain authority to re-indict Adams at any time, meaning the Trump administration will hold significant leverage over Adams’ future decision-making.

Under questioning from Ho, the DOJ’s Bove said no “quid pro quo” arrangement exists that trades Adams’ action on migrants for prosecutorial leniency. But Bove also argued that such an arrangement would be legitimate, if it advanced President Trump’s agenda.

At least seven DOJ attorneys have resigned over Bove’s handling of the Adams case. Three other former federal prosecutors filed a legal brief with Ho’s court arguing the DOJ’s linking of politics and prosecutorial decision-making sets a “dangerous” precedent.

During a press conference on Thursday, New York Gov. Kathy Hochul also voiced concern over the DOJ’s arrangement with Adams, saying she feared President Trump would attempt to “coerce” New York officials to go along with his agenda. But Hochul declined to use her authority to remove Adams from office.

In today’s order which prolongs Ho’s review of the case significantly, he pointed to the “public importance of this case, which calls for careful deliberation.” According to Ho, additional legal filings and a possible hearing will be wrapped up by mid-March.

 

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