Judge Dismisses Eric Adams Indictment With Prejudice

U.S. District Judge Dale E. Ho dismissed the federal indictment against Democrat New York City Mayor Eric Adams “with prejudice” in a Wednesday ruling.

Federal prosecutors charged Adams in September on five federal charges relating to allegations that he “sought and accepted improper valuable benefits” from wealthy foreign businesspeople and at least one Turkish government official for nearly a decade. The judge granted the Department of Justice’s (DOJ) directive ordering the Southern District of New York, which brought the case against Adams, to drop the case in mid-February.

The judge argued in the ruling that the court has no authority to order the DOJ to continue prosecuting a case, but expresses no opinion on the merits of the case.

“To be clear, the Court again emphasizes that it does not express any opinion as to the merits of the case or whether the prosecution of Mayor Adams “should” move forward,” Ho wrote. “The Court notes only that it has no authority to require that it continue, and that the remedy for what some amici characterize as an abuse of power cannot be for the Court to arrogate to itself more power than it may properly wield in our system of government. It is precisely in the most difficult cases that it is most critical to adhere to constitutional principles. That includes recognizing the limits of this Court’s constitutional authority consistent with the separation of powers.”

Ho denied the DOJ’s request to dismiss the case “without prejudice,” which would allow the case to be revived in the future. He said dismissing the case “without prejudice” could create the “inevitable” perception that the mayor’s freedom is based on his ability to enforce illegal immigration in New York City.