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In a written order Tuesday, U.S. District Judge Dale E. Ho said
he has reviewed filings from the parties and a court-appointed
legal expert, all of whom favor dismissal, and “does not at this
time believe that oral argument is necessary."
The only disagreement among the parties and the expert, former
U.S. Solicitor General Paul Clement, appeared to be whether a
dismissal should be permanent.
The Justice Department is seeking the option to refile the case
after the November mayoral election.
Clement recommended that Ho prevent the charges from being
refiled — known in legal parlance as dismissal with prejudice —
so they don’t hang over Adams “like the proverbial Sword of
Damocles.” Adams' lawyers have also asked for a permanent
dismissal.
The mayor, who is up for reelection this year, had pleaded not
guilty to bribery and other charges. A 2024 indictment accused
him of accepting illegal campaign contributions and travel
discounts from a Turkish official and others — and returning the
favors by, among other things, helping Turkey get a consulate
open without passing a fire inspection.
The case, brought during the Biden administration, was on track
for an April trial until President Donald Trump’s Justice
Department moved last month to drop it, arguing that the case
was interfering with the mayor’s ability to aid the president’s
crackdown on illegal immigration.
After an extraordinary hearing where Adams' lawyer and a top
Justice Department official argued for ending the case, Ho
canceled the trial and appointed Clement to assist him in
deciding what to do.
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