Judge in Eric Adams Case Assigns Outside Counsel to Examine Dismissal of Charges
The judge considering the Trump Justice Department’s highly unusual motion to dismiss Mayor Eric Adams’ corruption case on Friday appointed an outside counsel to help him decide what to do. Manhattan Federal Judge Dale Ho assigned the task to Paul Clement, a former Solicitor General under President George W. Bush, to advise on the scope of inquiry warranted as he considers the controversial request to toss the case against Adams.
Appointment of Outside Counsel
The Trump Justice Department and attorneys for Adams have both asked the judge to rule expeditiously, but Friday’s order makes clear the judge is embracing a more deliberative approach before issuing his decision. Clement will act as a "friend of the court" or amicus curiae attorney, not representing either the mayor or the Department of Justice. Instead, he will perform the role of an outside examiner to aid Judge Ho in his decisionmaking.
Scope of Inquiry
The judge assigned Clement to examine whether the court, in deciding whether the dismissal motion is in the public’s interest, can consider materials other than the dismissal motion itself. This could include internal correspondence by former Acting Manhattan U.S. Attorney Danielle Sassoon, who resigned rather than follow DOJ’s directive to drop the prosecution.
Quid Pro Quo Allegations
In her resignation letter, Sassoon contended that the motion was the product of a quid pro quo deal in which the mayor agreed to assist the Trump team in exchange for dismissal of his case. The judge also tasked Clement with looking into whether "further inquiry" would be appropriate in considering whether to approve or reject the pending dismissal motion. This could include taking testimony from witnesses such as Sassoon, who has described a January 31 meeting with Bove in which 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."
Dismissal with or Without Prejudice
Ho also asked Clement to look into whether a dismissal, if granted, should be with or without prejudice. "With prejudice" would prohibit the DOJ from reopening the corruption case the Manhattan U.S. attorney filed against Adams last September.
Conclusion
The judge’s decision to appoint outside counsel reflects the importance of this case, which requires careful deliberation. The court will endeavor to rule expeditiously after briefing (and if necessary, oral argument) is complete. Adams does not have to appear in court as Clement’s review plays out.
FAQs
- What is the purpose of appointing outside counsel in this case?
The judge appointed outside counsel to help him decide what to do in response to the Trump Justice Department’s motion to dismiss the case against Mayor Eric Adams. - Who is Paul Clement, the outside counsel appointed by the judge?
Paul Clement is a former Solicitor General under President George W. Bush, who will act as a "friend of the court" or amicus curiae attorney, not representing either the mayor or the Department of Justice. - What is the scope of inquiry that Clement will examine?
Clement will examine whether the court can consider materials other than the dismissal motion itself, including internal correspondence by former Acting Manhattan U.S. Attorney Danielle Sassoon, who resigned rather than follow DOJ’s directive to drop the prosecution. He will also look into whether "further inquiry" would be appropriate in considering whether to approve or reject the pending dismissal motion.
