Mayor Eric Adams: Judge Dale E. Ho dismisses charges "with prejudice "
New York's Mayor Eric Adams has gotten what he sought: the dismissal with prejudie of charges that he corruptly obtained benefits from the government of Turkey. He will face his challengers without facing trial. But U.S. District Judge Dale E. Ho - who at Adams request dismissed the charges with prejudice - lambasts the Department of Justice for improperly attempting to hold Adams hostage. In a 78 page opinion he writes:
The DOJ does not seek to end this case once and for all. Rather its request, if granted, would leave Mayor Adams under the specter of reindictment at essentially anytime and for essentially any reason.
On February 14, 2025, the Department ofJustice ("DOJ") filed a motion seeking to dismiss without prejudice the Indictment against New YorkCity Mayor Eric Adams, pursuant to Federal Rule of Criminal Procedure 48(a).1 ECF No. 122 (the “Rule 48(a) Motion"). DOJ's Motion states that dismissal of this case is justified for several reasons, including because “continuing these proceedings would interfere with” the Mayor's ability to govern, thereby threatening federal immigration initiatives and policies.” Id. ¶ 6.
A critical feature of DOJ's Motion is that it seeks dismissal without prejudice—that is, DOJ seeks to abandon its prosecution of Mayor Adams at this time, while reserving the right to reinitiate the case in the future. DOJ does not seek to end this case once and for all. Rather, its request, if granted, would leave Mayor Adams under the specter ofreindictment at essentially any time, and for essentially any reason.
The Court declines, in its limited discretion under Rule 48(a), to endorse that outcome.
Instead, it dismisses this case with prejudice—meaning that the Government may not bring the charges in the Indictment against Mayor Adams in the future. In light of DOJ's rationales, dismissing the case without prejudice would create the unavoidable perception that the Mayor's freedom depends on his ability to carry out the immigration enforcement priorities of the administration, and that his freedom depends on his ability to carry out the immigration enforcement priorities of the administration, and that he that he might be more beholden to the demands of the federal government that to the wishes of his own constituents.
That appearance is inevitable,and it counsels in favor of dismissal with prejudice.
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