Eric Adams' Lawyers Push for Dismissal 'With Prejudice' Amidst DOJ Drama

Attorneys for New York City Mayor Eric Adams are doubling down, requesting a U.S. judge to dismiss all charges against their client with prejudice. This move follows allegations of prosecutorial misconduct and what they describe as an "extraordinary" series of leaks, arguing these actions compromise Adams' right to a fair trial.

This filing emerges nearly two weeks after the Justice Department itself moved to drop the corruption case against Adams. However, U.S. District Judge Dale Ho didn't immediately sign off on the request.

In their latest filing, Adams' legal team urges Judge Ho to quickly grant the Justice Department's request, emphasizing that prosecutors violated multiple statutory and court rules. They point to long-standing Justice Department policies designed to prevent prosecutorial misconduct.

The defense also highlights the "extraordinary" volume of leaked information from prosecutors, arguing it jeopardizes Adams' right to a fair trial. They specifically mention a Feb. 12 resignation letter by former acting U.S. Attorney Danielle Sassoon, which lawyers claim would have "destroyed whatever presumption of innocence Mayor Adams had left."

"In addition to violating Mayor Adams’s fundamental constitutional rights and ability to receive a fair trial, the government’s leaks violated numerous statutory and court rules, including the Justice Department’s own longstanding policies aimed at curbing prosecutorial misconduct," they argued in the filing.

As it stands, the charges against Adams remain until Judge Ho officially dismisses them.

Last fall, Adams faced indictment on five federal corruption and bribery charges. These charges stem from alleged solicitation of illegal campaign contributions and the supposed receiving of luxury travel perks on behalf of Turkish foreign nationals, according to Justice Department documents.

Adams has pleaded not guilty to all charges, vehemently denying any wrongdoing.

Earlier this month, U.S. Acting Deputy Attorney General Emil Bove requested federal prosecutors to drop all corruption charges against the mayor—a rather unconventional move that requires the presiding judge's formal approval.

In the motion to dismiss, Bove stated that the legal proceedings against Adams were diverting resources from other Justice Department priorities, like illegal immigration and violent crime.

However, Judge Ho declined to immediately grant the motion at a recent court hearing, indicating he needed more time to consider the facts.

Ho also appointed former U.S. Solicitor General Paul Clement to argue against the motion and investigate the Justice Department's motives for seeking dismissal.

Legal briefs are due on March 7, with a potential hearing scheduled for March 14.

"This is a very complicated situation, at least from where I sit," Ho said after the hearing, adding, "I’m not going to shoot from the hip right here on the bench."

The hesitation to drop the charges against Adams is highly unusual, and no U.S. appellate court has ever sided with a federal judge who declined to grant an unopposed motion to dismiss.

The Justice Department has yet to comment on the new filing or whether it agrees that the case against Adams should be dismissed with prejudice.