When a judge brings an expert into a case one can often glean what the advice will be. So it is with U.S. District Judge Dale Ho. He brought former Solicitor General Paul Clement to the DOJ request to dismiss the indictment against New York Mayor Eric Adams.
When Emil Bove as acting Deputy Attorney General sought to abandon the Justice Department's prosecution of New York Mayor Eric Adams for accepting favors from the government of Turkey.
Ehrn asppointed by Judge Ho it was predictable that a cautious path would be proposed by Clement - one of the most successful Supreme Court advocates of the past forty years.
Bove had offered only a dismissal without prejudice - conditioned on Adams compliance with the Trump administration's big deportation plans. Adams would be subject to indictment if he did not offer the compliance the Trump administration sought.
Clement urges Ho extract a price: the dismissal should be with prejudice, so that the adminsitraiton would not have the Sword of Damocles hanging over the Mayor's head.
Point I Rule 48(a) Vests Courts With A Limited, But Essential, Power To Vindicate Liberty By Avoiding Even The Appearance Of Executive Overreach.
Amicus brief of Paul Clement - annotated by the New York Times
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