Judges Generally Let Prosecutors Drop Charges. Maybe Not for Adams.

The New York Times ^ | Feb. 14, 2025 Updated 9:30 p.m. ET | Benjamin Weiser and Jonah E. Bromwich

[E. Pluribus Unum]

Federal judges have almost no ability under the law to refuse a government request to drop criminal charges. The corruption case against Mayor Eric Adams of New York may be the exception.

On Thursday, Manhattan’s top federal prosecutor, Danielle R. Sassoon, resigned rather than obey an order to seek dismissal of the charges against the mayor. The directive was issued by Emil Bove III, the acting No. 2 official in President Trump’s Justice Department and his former criminal lawyer.

Mr. Bove wrote that the demand had nothing to do with the strength of the evidence against the mayor or legal theories in the case. Rather, he said the charges would interfere with Mr. Adams’s ability “to devote full attention and resources to the illegal immigration and violent crime that escalated under the policies” of the Biden administration.

After Ms. Sassoon’s resignation as head of the Southern District of New York and those of at least seven Justice Department officials, Mr. Bove himself signed a motion on Friday asking the judge to dismiss the case.

It remains to be seen how the judge, Dale E. Ho of Federal District Court in Manhattan, will respond.

“Judge Ho could say this is a politically motivated decision and it affronts the grand jury process and the integrity of the court,” said Stephen Gillers, a professor of legal ethics at New York University School of Law.

Professor Gillers said Judge Ho could decide that the government’s justification for seeking dismissal was inadequate. The government would almost certainly appeal, he said.

Since Mr. Adams was indicted in September, the U.S. attorney’s office for the Southern District of New York has vigorously prosecuted the charges against the mayor in court, continuing to do so after the Trump administration elevated Ms. Sassoon last month to lead the office. Judge Ho has repeatedly denied Mr. Adams’s...

[grumpygresh]

Who could the judge get to prosecute the case? An AUSA from SDNY? Contract out an attorney?

[cgbg]

The prosecutors could appear in court and just say “Adams in innocent of all charges. The only reason we are here is that the judge refused to dismiss the charges.”

The jury will crack up laughing at the judge at that point.

(If the prosecution just announces “present” and presents no arguments the defense will win.)

[Pete Dovgan]

Over the target.
He knows something. They are afraid he is going to talk.

The entire state of NY seems like it’s corrupt. It just keeps getting worse, and more obvious.

[arthurus]

Adams stepped off the track when he noted that the wetback horde was on the way to bankrupt NYC. The Machine retaliated against him by immediately announcing a corruption investigation as if he were an outlier amongst NY Democrats.

[arthurus]

One way is as good as another to flush the the lefties out of the DOJ. Adams has indirectly provided a service o the nation.

[damper99]

If the judge really wants to make his point, I suppose he could order a continuance which would leave the charges in place.

[Wuli]

Ho is a former civil rights attorney.