A federal judge appointed by President Biden has declined to dismiss the Department of Justice’s case against New York City Mayor Eric Adams, instead taking the unusual step of appointing an external counsel to argue against the motion to drop charges, despite no opposition to dismissal from other parties.
Judge Dale E. Ho, who previously served as director of the ACLU’s Voting Rights Project and has a history of challenging the Trump administration before the Supreme Court on behalf of immigration advocacy groups, named former Bush administration Solicitor General Paul Clement to examine the Trump DOJ’s motion to dismiss the case.
The Justice Department had sought to end the prosecution, arguing that the ongoing case was creating improper interference with Adams’ 2024 reelection campaign and placing undue restrictions on his ability to collaborate with the Trump administration on immigration enforcement. The DOJ’s pursuit of Adams notably began after the mayor voiced criticism about rising crime rates and uncontrolled illegal
immigration affecting New York City.
In his five-page decision, Judge Ho stated that while recent conferences had helped clarify the positions of various parties, there hadn’t been sufficient adversarial examination of the government’s stance or its requested relief. The judge has called for additional briefings from involved parties and set a tentative date of March 14 for oral arguments, should he deem them necessary.
The judge acknowledged the importance of resolving the pending motion quickly and promised to work toward a swift ruling following the completion of briefings and potential oral arguments. He noted that the postponement of the trial and related deadlines would minimize any prejudice resulting from a brief delay.
This development bears striking similarities to the Michael Flynn case and represents a significant prolongation of New York’s most substantial political crisis in recent memory. The decision comes amid widespread changes in federal prosecution offices, with numerous resignations and dismissals of federal prosecutors in both New York and Washington DC. The situation has intensified calls from Adams’ political opponents demanding his resignation.
“The Court reiterates that it understands the importance of prompt resolution of the pending motion and will endeavor to rule
expeditiously after briefing (and, if necessary, oral argument) is complete,” Ho wrote in his ruling. “The adjournment of trial and all related deadlines alleviates any prejudice resulting from a short delay.”
The appointment of Clement, a figure deeply embedded in Washington’s legal establishment, adds another layer of complexity to an already contentious case. His role will be to scrutinize the Trump-era Department of Justice’s reasoning for wanting to abandon the prosecution, a move that effectively extends the legal proceedings despite the current administration’s desire to conclude them.
This latest development occurs against the backdrop of significant upheaval in New York City’s political landscape, with the case continuing to draw attention to the broader issues of immigration policy, law enforcement, and the intersection of local and federal authority. The judge’s decision ensures that the legal battle will continue to unfold in the public eye, potentially affecting both Adams’ political future and the ongoing debate over immigration and crime in America’s largest city.