By Lauren del Valle and Kara Scannell, CNN
(CNN) — The judge overseeing the corruption case against Eric Adams has dismissed the charges against the New York City mayor, and in a spilt with the Trump Justice Department, ordered that the charges cannot be brought again.
Judge Dale Ho said his hands were essentially tied – even though he has concerns about the Justice Department’s reasons to dismiss the case – he could not force them to prosecute a defendant.
Ho’s ruling criticized the Trump administration’s motives for dropping the case at a time when the White House is seeking to bolster its authority over the Justice Department and federal prosecutors.
DOJ’s effort to drop the case and retaining the ability to restore charges resulted in the mass resignation of several Justice Department officials, including the acting US attorney in the Southern District of New York and the top career prosecutors overseeing public corruption cases.
In a strongly-worded opinion on Tuesday, Ho rejected the Justice Department’s core argument – that New York prosecutors were politically motivated in bringing the case and that the charges were impacting the mayor’s ability to carry out Trump’s immigration agenda.
“Everything here smacks of a bargain: dismissal of the indictment in exchange for immigration policy concessions,” he wrote in a 78-page opinion. He said DOJ’s position is “disturbing” because it implies public officials may receive special treatment if they go along with political priorities. “That suggestion is fundamentally incompatible with the basic promise of equal justice under the law.”
A spokesman for the Justice Department said, “This case was an example of political weaponization and a waste of resources. We are focused on arresting and prosecuting terrorists while returning the Department of Justice to its core mission of keeping Americans safe.”
Alex Spiro, an attorney for Adams, said the case “should have never been brought in the first place – and finally today that case is gone forever. From Day 1, the mayor has maintained his innocence and now justice for Eric Adams and New Yorkers has prevailed.”
“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 he might be more beholden to the demands of the federal government than to the wishes of his own constituents,” the judge wrote Tuesday.
Adams, who is up for reelection this fall, was indicted in September on charges related to bribery, wire fraud, conspiracy and soliciting campaign contributions from foreign nationals in exchange for political favors. He pleaded not guilty.
The indictment alleged Adams’ illegal actions stretched back to 2014, when he was Brooklyn Borough president. Prosecutors said Adams received luxury travel benefits including hotel room upgrades, meals and other perks from a Turkish official. In exchange, prosecutors say Adams pressured a New York City Fire Department official to grant permits to open a Turkish consular building that had failed to pass inspection.
In February, Trump’s DOJ recommended the case be dropped following a meeting with the mayor’s lawyers in Washington. Then-acting Deputy Attorney General Emil Bove said, “The pending prosecution has unduly restricted Mayor Adams’ ability to devote full attention and resources to the illegal immigration and violent crime that escalated under the policies of the prior Administration.”
Bove’s letter spurred several DOJ prosecutors to resign rather than carry out his order. In her resignation letter, then-acting US attorney for the Southern District of New York, Danielle Sassoon, wrote that during the meeting Adams’ attorneys “repeatedly urged what amounted to a quid pro quo, indicating that Adams would be in a position to assist with the Department’s enforcement priorities only if the indictment were dismissed.”
Both Adams and Bove appeared in court and denied the existence of any quid pro quo.
The judge then asked Paul Clement, a well-known conservative attorney, to advise him on DOJ’s request. In his report, Clement said the complete dismissal of the case would resolve any taint over the issue.
“A dismissal without prejudice creates a palpable sense that the prosecution outlined in the indictment and approved by a grand jury could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused,” Clement wrote. “Dismissal with prejudice avoids those concerns and promotes another important separation-of-powers virtue – namely, accountability.”
On Tuesday, Ho explained his reasons for dismissing the charges permanently and denying the Justice Department’s full request.
“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 he might be more beholden to the demands of the federal government than to the wishes of his own constituents,” the judge wrote.
“It ensures that, going forward, the charges in the Indictment cannot be used as leverage over Mayor Adams or the City of New York,” the judge added.
Rev. Al Sharpton, one of several key leaders who met with New York Democratic Gov. Kathy Hochul when she was deciding on using her power to remove the mayor, says that the perception that Adams is controlled by the White House should now be gone.
“It takes away the felling that he was under the thumb of the president,” Sharpton told CNN. “It clearly says that now whatever he does, now he’ll be judged on his own decisions.”
The judge said his decision should not be read as an opinion on the allegations against the mayor. Ho added that it’s ultimately the public’s opinion, not his, that matters. With limited options, the judge said one that he has is to provide transparency.
“Bringing these decisions into the open may, in turn, lead to attempts by the public to influence these decisions through democratic channels,” the judge wrote.
CNN’s Mark Morales contributed to this report.
This story has been updated with additional developments and comment.
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