He’s a free man.
New York City Mayor Eric Adams’ historic federal corruption case has been tossed — leaving him free to campaign for a second term without the threat of jail hanging over his head.
Judge Dale Ho ordered the case to be dismissed on Wednesday with prejudice, formally killing the criminal case that has hung over Hizzoner’s head for six months.
“To be clear, the Court again emphasizes that it does not express any opinion as to the merits of the case or whether the prosecution of Mayor Adams “should” move forward.,” Ho wrote in the 78-page decision. “The Court notes only that it has no authority to require that it continue.”
“Ultimately, because the decision to discontinue a prosecution belongs primarily to a political branch of government, it is the public’s judgment, and not this Court’s, that truly matters.”
The hotly anticipated decision by the Manhattan judge followed a political firestorm ignited by President Trump’s Department of Justice ordering prosecutors to drop the prosecution against Adams.
The controversial move, led by Deputy Attorney General Emil Bove last month, sparked accusations that the Democratic mayor engaged in a “quid pro quo” with the administration in exchange for cooperating with Trump’s crackdown on illegal immigration.
Gov. Kathy Hochul even opened the door to potentially removing the mayor from office, but eventually decided to keep him in City Hall despite a number of calls from those within their own party.
Adams was charged in a five-count indictment, including bribery and fraud, in September and had pleaded not guilty. He was accused of pocketing more than $100,000 in illegal campaign contributions and travel perks from people seeking to buy influence with him, including a Turkish official.
But Bove claimed that the case was a politically motivated prosecution brought by then-Manhattan US Attorney Damian Williams, an appointee of President Joe Biden.
He also argued that the mayor could not properly do his job — putting New Yorkers at risk — as the ongoing case left him without a security clearance to get briefed on major threats.
But he didn’t address the merits of the case in his motion, and also urged that the door be left open to possibly revive the prosecution following November’s mayoral election.
The DOJ’s letter ordering federal prosecutors to drop the case sparked an exodus from the department and the Southern District of New York, which brought the case, including the interim head of the prestigious office, Danielle Sassoon, who raised the quid pro quo allegation in a searing resignation letter.
Ho tapped Republican lawyer Paul Clement, who served as US solicitor general under President George W. Bush, to help advise what his options were while faced with the legally obscure bid.
Clement advised the federal judge he had few avenues to go down, saying he had no power to name a special prosecutor and any attempt to keep such an appointment alive would be “futile.”
The conservative attorney wrote, however, that the judge could change the dismissal type to “with prejudice,” killing the case forever, and argued that would align more with the DOJ’s argument to remove all political “taint.”
“Even the appearance that the prospect of re-indictment would cause public officials to be more attendant to the executive branch than to constituents is deeply troubling and raises serious accountability concerns,” he wrote.
The long-awaited ruling, the anticipation of which has caused the mayor and those in his inner circle frustration and anxiety, is expected to be welcome news to the embattled Adams — at least personally.
But it gives the mayor just under three months to hit the campaign trail, from which he’s been notably absent with his case looming, and convince voters he’s the right choice in the crowded field looking to run New York City.
Adams, a proficient campaigner, faces an uphill battle to unseat the current leader, former Gov. Andrew Cuomo, who has led in every poll this year.
Those close to the mayor have voiced their frustration with how Bove handled the case and worry that the short time frame may not be enough to climb back up in the polls in the largely Democratic city while fighting off months of Adams’ coziness with Trump.
