Paul Clement recommends judge dismiss Eric Adams corruption case

play

An attorney asked to weigh in on the corruption charges against New York City Mayor Eric Adams on Friday recommended a federal judge dismiss the case.

The court-appointed attorney, Paul D. Clement, counseled U.S. District Judge Dale Ho to dismiss the indictment “with prejudice,” which would mean the federal government can’t bring the same charges again.

Last month, federal prosecutors filed a motion to dismiss the corruption charges against Adams, arguing that Adams can’t effectively cooperate on immigration enforcement if he is fighting a corruption case. But prosecutors also asked for the right to bring the charges again.

Ho sought advice from Clement, who was a solicitor general under President George W. Bush, because the Justice Department took the unusual approach of requesting the dismissal on political grounds: that Adams’ indictment limited his ability to assist in President Donald Trump’s immigration enforcement agenda.

Adams was charged with accepting illegal campaign contributions and free travel from Turkish officials and business leaders. Prosecutors say Adams, now running for reelection, responded with favors such as expediting safety inspections at a 36-story consulate building.

In his recommendation, Clement said, “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.”

Adams, a Democrat who used to be a Republican, has cozied up to the Trump administration in recent months, meeting with border czar Tom Homan and vowing not to cooperate with federal immigration enforcement despite New York’s “sanctuary city” laws.

Ho, the federal judge, will now decide whether to formally dismiss the charges, with or without prejudice. He doesn’t have to accept Clement’s recommendation, although he specifically requested guidance on the matter.

The Department of Justice decision to drop the corruption charges set off a flurry of resignations among prosecutors who disagreed with the move. 

The charges against Adams are the first criminal case in history against a sitting New York City mayor. Four of Adams’ top deputies have resigned in response to Adams’ new alliance with Trump. Several of Adams’ other close associates have been charged with crimes in other corruption cases.

Acting Deputy Attorney General Emil Bove had directed the acting U.S. attorney in New York, Danielle Sassoon, to drop the charges. Sassoon, who had just been appointed by Trump, and at least six other prosecutors quit rather than drop the case.

Also on Friday, several outlets reported that two prosecutors who worked on the Adams case were put on leave by the Justice Department.

Dismissing the charges but allowing for a reindictment means that the possibility of prosecution “hangs like the proverbial Sword of Damocles over the accused,” Clement wrote. New York Democrats argued that Adams was being forced to make policy concessions to Trump for fear of his charges being reintroduced.

Adams has maintained his innocence.

“As I said from the outset, I never broke the law and I never will. I never put any personal benefit above my solemn responsibility as your mayor,” Adams said in a video statement in mid-February. “I absolutely never traded my power as an elected official for personal benefit.”

Contributing: Bart Jansen, Jorge L. Ortiz, John Bacon, N’dea Yancey-Bragg

Leave a Comment