Lawyer appointed as advisor recommends dismissing Mayor Adams' corruption case permanently
NEW YORK (WABC) -- A lawyer who was selected to review the case against Mayor Eric Adams is recommending a federal judge dismiss the corruption case without risk of future prosecution.
Attorney Paul Clement, who was appointed by Judge Dale Ho to make an independent assessment of the case, recommended corruption case against Adams should be dismissed in a way that makes certain it cannot be reinstated, otherwise it "hangs like the proverbial Sword of Damocles" if Adams fails to cooperate with President Trump's immigration agenda.
Clement, who served as solicitor general under the Bush administration, said that while the judge cannot force the government to "continue a prosecution against its will," the judge is authorized "to consider how the prosecution should be discontinued."
Judge Dale Ho sought the independent assessment from Clement after the Justice Department moved to dismiss the Adams case without prejudice, meaning the charges could be revived.
Clement said "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."
The Justice Department sought to free Adams from criminal prosecution so he could cooperate with President Trump's immigration policies.
"There is an inherent risk that once an indictment has been procured, the prospect of reindictment could create the appearance, if not the reality, that the actions of a public official are being driven by concerns about staying in the good graces of the federal executive, rather than the best interests of his constituents," Clement said.
Dismissal with prejudice - meaning the case could not be revived - "avoids those concerns," Clement said.
If Judge Ho adopts Clement's idea it would leave Adams with a carrot but the Trump administration with no stick to assure the mayor's cooperation with its immigration agenda.
Meanwhile, while Mayor Adams' legal fate weighs in the balance, he has quite the task over the next few months, fending off a number of mayoral candidates who hope to deny him another four years inside City Hall.
Many of them have highlighted his legal woes and closeness to the Trump administration, while Mayor Adams once again is on the defense.
"In spite of all that I've gone through personally, I've been able to move forward the agenda of this city. And so the only game you are guaranteed to lose is the game you forfeit by getting out of the game," Mayor Adams said.
While Mayor Adams maintains his innocence, he believes he can still lead.
On Friday, Adams appointed four deputy mayors: Adolfo Carrión, Jr. as deputy mayor for housing, economic development, and workforce; Suzanne Miles-Gustave, Esq. as deputy mayor for health and human services; Jeffrey Roth as deputy mayor for operations; and Kaz Daughtry as deputy mayor for public safety.
Adams has not yet named the replacement for First Deputy Mayor Maria Torres-Springer.
Randy Mastro, who served as a deputy mayor in the Giuliani administration, is considered a frontrunner to get that post, the administration's second in command.
The replacements come weeks after four top deputies of Mayor Adams resigned following the DOJ's move to drop charges against him.
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