Name: Federal Judge Vacates Trial for New York City’s Mayor but Doesn’t Dismiss Charges
Uploaded: 2025-02-22T05:41:58.000Z
Description: A federal judge on Feb. 21 vacated an upcoming trial for New York City Mayor Eric Adams but declined to dismiss the charges against Adams for now.

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A federal judge on Feb. 21 vacated an upcoming trial for New York City Mayor Eric Adams but declined to dismiss the charges against Adams for now.

U.S. District Judge Dale Ho <a href="https://www.documentcloud.org/documents/25541310-ho-order-in-adams-case/">said</a> that in light of the U.S. Department of Justice (DOJ) requesting the charges be dismissed and Adams consenting to the request, “it is clear that trial in this matter will not go forward on April 21” as scheduled.

But the judge did not throw out the charges, which include accepting illegal campaign contributions, finding that government motions to dismiss charges without prejudice—which allows prosecutors to potentially refile them later—are typically opposed by defendants.

A recent hearing featuring a DOJ official and Adams “helped clarify the parties’ respective positions, but there has been no adversarial testing of the Government’s position generally or the form of its requested relief specifically,” Ho said.

He appointed Paul Clement, an outside lawyer, to serve as amicus curiae, or friend of the court, to present arguments regarding the DOJ’s motion, including whether the judge can consider materials outside the motion when weighing whether to throw out the case.

Ho said that because of concerns the prosecution was burdening the mayor’s ability to govern, the mayor does not need to appear at future hearings.

The DOJ and a lawyer for Adams did not immediately respond to requests for comment.

The DOJ <a href="https://www.theepochtimes.com/us/federal-judge-unseals-indictment-against-new-york-mayor-eric-adams-alleging-he-took-bribes-5730655">charged</a> Adams in 2024 with accepting illegal campaign contributions and perks such as luxury travel from foreigners. Top DOJ officials reviewed the case after President Donald Trump took office in January and <a href="https://www.theepochtimes.com/us/justice-department-orders-dismissal-of-charges-against-nyc-mayor-eric-adams-5807665">determined</a> the charges should be thrown out over concerns they interfered with the mayor’s ability to work with the administration on issues such as illegal immigration.

Some DOJ officials decided to resign rather than comply with the order to file a motion for dismissal. The motion was ultimately filed on Feb. 14.

“Continuing these proceedings would interfere with the defendant’s ability to govern in New York City, which poses unacceptable threats to public safety, national security, and related federal immigration initiatives and policies,” Acting Deputy Attorney General Emil Bove and two other officials <a href="https://www.theepochtimes.com/us/doj-asks-judge-to-throw-out-charges-against-nyc-mayor-adams-5810349">wrote</a> in the filing.

Adams consented to the motion, which asked for the charges to be dismissed without prejudice. That means they could be brought again at a later time.

“I have not committed a crime,” Adams <a href="https://www.theepochtimes.com/us/judge-questions-request-to-drop-charges-against-nyc-mayor-5812821">told</a> Ho during a hearing on Wednesday. “I’m not afraid of that.”

A federal rule lets the government dismiss charges “with leave of court.” Ho had said that the executive branch under the rule has the power to decide whether charges are brought and whether a pending case should be terminated but that there is a role for judges to assess the decisions.

Adams’s term ends in early 2026, but he is running for reelection. He faces multiple challenges in the Democratic Party primary.

From <a href="https://www.theepochtimes.com/us/federal-judge-vacates-trial-for-new-york-citys-mayor-but-doesnt-dismiss-charges-5813320">The Epoch Times</a>

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