Special Counsel Recommends Dropping Eric Adams Case With Prejudice

On Friday, March 7th, a special-appointed lawyer reviewing the federal corruption case against New York City Mayor Eric Adams recommended that all charges be dismissed with prejudice, effectively barring prosecutors from refiling the case. 

Paul D. Clement, a former U.S. solicitor general, argued in a court filing that allowing the Justice Department to keep the case open would create the perception that Adams remains under legal pressure from the Trump administration. Clement’s recommendation comes after a shift in the Justice Department’s position, with officials now seeking to drop the case but leaving the possibility of future prosecution open.

Adams was indicted last year on bribery and fraud charges related to alleged improper fundraising and political favors. The case, initially pursued under the Biden administration, gained political attention as Adams became increasingly vocal about the federal government’s handling of illegal immigration and its impact on New York City.

The case took a new turn when the Justice Department released text messages from former lead prosecutor Hagan Scotten, which suggested that the original indictment may have been politically motivated. The messages, included in a court filing by Deputy Attorney General Todd Blanche and Principal Deputy Attorney General Emil Bove, show Scotten discussing the potential political ambitions of former U.S. Attorney Damian Williams, who led the case against Adams.

“[US Attorney-1] obviously has political ambitions, and I think suggesting we doubt that just costs us credibility,” Scotten wrote in one of the messages, referring to Williams. In another, he acknowledged that it was “pretty plausible” that Williams had political motivations for pursuing the case.

Scotten, a Republican and former Army officer, ultimately resigned rather than comply with a Justice Department directive to drop the charges against Adams. In his resignation letter, he criticized the administration for improperly using prosecutorial power.

“If no lawyer within earshot of the President is willing to give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion,” Scotten wrote.

The case against Adams has been politically contentious from the start. Critics of the prosecution argue that the charges were motivated by Adams’ outspoken criticism of federal immigration policies, particularly the lack of financial support for cities handling an influx of illegal immigrants.

Adams’ legal team has seized on the text messages as proof that the case was improperly handled. “When it takes ‘gymnastics’—in the words of the prosecutors who brought this meritless case—to find a crime to pin on Mayor Adams, we should all be worried about our rights,” Adams’ attorneys, Alex Spiro and William Burck, said in a statement.

Federal Judge Dale Ho will now decide whether to accept the Justice Department’s request to drop the case or follow Clement’s recommendation to dismiss it with prejudice, permanently closing the matter.