Making it clear that the whole ordeal stinks to high heaven, but that he had no other choice, federal Judge Dale Ho has finally dismissed the bribery and corruption charges against Mayor Eric Adams "with prejudice," preventing Trump's Department of Justice from using the threat of prosecution to use Adams like their puppet.
"Everything here smacks of a bargain: dismissal of the indictment in exchange for immigration policy concessions," Judge Ho acknowledges at the beginning of his 78-page opinion and order.
But regardless of whether or not Adams and the Trump administration agreed to a quid pro quo, or whether the charges against the mayor have merit, Ho said that he must dismiss the charges against Adams once and for all. To allow the government to bring them back at any time for any reason, which is what Trump's DOJ wanted, "would be bad for Mayor Adams, and it would be bad for the people of New York City."
"Some will undoubtedly find today’s decision unsatisfying, wondering why, if DOJ's ostensible reasons for dropping this case are so troubling, the court does not simply deny the motion to dismiss altogether," Ho wrote, referring to amicus briefs that urged him to appoint a special prosecutor to continue the case. Ho said he believed that he lacked the authority to do this.
"Therefore, any decision by this court to deny the government’s motion to dismiss would be futile at best, because DOJ could—and, by all indications, unequivocally would—simply refuse to prosecute the case, inevitably resulting in a dismissal after seventy days for violating the mayor’s right to a speedy trial," Ho wrote. "The public interest would not be served by such an outcome."
Ho added, "It is precisely in the most difficult cases that it is most critical to adhere to constitutional principles. That includes recognizing the limits of this court’s constitutional authority consistent with the separation of powers."
Throughout his opinion, Ho dismantles the two arguments the Trump DOJ and Adams's attorneys made for dismissing the charges: That the case was politically motivated, and that it prevented him from carrying out his duties with federal law enforcement.
Subscribe to read the full story
Become a paid subscriber to Hell Gate to access all of our posts.
Subscribe