A federal judge on Friday declined to immediately approve the Justice Department’s effort to drop the criminal case against New York City Mayor Eric Adams, instead appointing an elite Supreme Court advocate to present “adversarial” arguments on the department’s bid to abandon the corruption charges.
U.S. District Judge Dale Ho tapped Paul Clement, a former U.S. solicitor general who often represents conservative causes at the Supreme Court, to submit a legal brief by March 7. The judge said the appointment of an outside lawyer — an unusual move in a criminal prosecution — will “assist the court’s decision-making” given that both the Justice Department and Adams want the case dismissed.
Public Importance of the Case
Bringing in Clement is particularly “appropriate,” Ho wrote, “in light of the public importance of this case, which calls for careful deliberation.”
Ho’s decision is a clear sign that the judge, an appointee of President Joe Biden, will not rubber-stamp the request from Justice Department leaders to end the case. The effort to do so, led by Emil Bove, the department’s acting No. 2 official, has triggered a revolt inside the department. Some prosecutors have alleged that Bove and Adams are engaged in an unethical deal aimed at shoring up the Democratic mayor’s help with President Donald Trump’s policy agenda.
However, during a court hearing Wednesday, Ho acknowledged he had “very little discretion” to interfere with the department’s effort to abandon the case.
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