The DoJ wants to suspend the corruption case against NYC Mayor Eric Adams in return for his helping to round up immigrants. He gleefully took the deal because the evidence against him is overwhelming and if the case goes forward he will spend the rest of his life in prison. Getting someone to sign the request to the judge was a bit of a problem, with multiple prosecutors resigning instead of doing so. In the end, Acting Deputy AG Emil Bove had to sign the order himself.
The DoJ wanted to drop the case without prejudice (so it could bring it back if Adams didn't come through) and Adams wanted it dropped any way possible. Normally, if both sides agree on a motion, the judge grants it. But Judge Dale Ho smelled a rat. He hired conservative attorney Paul Clement, who was solicitor general under George W. Bush, as an amicus and tasked him with writing a report on what he should do. Clement has now finished his work. His recommendation is to dismiss the charges against Adams with prejudice, which means the case is over and Adams can't be charged again (pity the poor law students who have to spend three years learning all these weird terms). This would remove all of Donald Trump's leverage over Adams.
Clement argued that judges have no authority to order prosecutors to prosecute a case if they don't want to. But they do have authority to decide how to dismiss a case. Clement argued that in this case the only possibility is permanent dismissal to prevent the DoJ from using the threat of reviving the case to effectively own an elected mayor. Basically, the DoJ wants to blackmail Adams and Clement sees that option as worse for the legal system than letting a guilty man go free, especially since he committed nonviolent crimes like taking foreign campaign donations and bribes. The judge is not obligated to take the advice of the man he hired, but Clement is a highly respected lawyer who argued many cases before the Supreme Court, and following his advice gives Ho plenty of cover if he wants to.
Adams' attorney, Alex Spiro, said: "The first-of-its-kind airline upgrade corruption case is now over" (one of the bribes was upgraded seats on Turkish Airlines in return for help on something the Turks wanted). This is truly embarrassing for New York State. Over in Jersey, they demand gold bars and fancy cars for helping out foreign governments. If you're going to sell out, at least have enough self-respect to charge the going rate.
The ball is now in Ho's court.
Adams is running for reelection in November. Even if his case is dismissed with prejudice, good luck with that. He has virtually no chance of being reelected. He has multiple problems. First, the voters know he is a crook. Second, there is a pack of candidates running against him. Third, New York City uses ranked-choice voting in the Democratic primary, so getting more votes on the first round in a splintered election doesn't do the job. Fourth, one of his opponents is a guy who also isn't clean as a hound's tooth himself, but has never been indicted: former governor Andrew Cuomo. He was forced out for sexually harassing 11 women but is now trying for a comeback.
While Adams was busy with his court case, Cuomo has been all over Brooklyn poaching Adams' supporters. In particular, Assemblywoman Rodneyse Bichotte Hermelyn, chair of the Brooklyn Democratic party, has told people that she is considering backing Cuomo. Henry Butler, the Brooklyn Party's vice chair, has already endorsed Cuomo. So has Frank Seddio, the former party leader. Some city council members have also endorsed Cuomo. Adams was born in Brooklyn and used his former job as Brooklyn borough president as a springboard to Gracie Mansion. If Adams loses Brooklyn, he is toast. Cuomo may be sleazy, but he is an extremely tough politician and understands Adams' dependence on Brooklyn very well. That is why he has basically moved there. If he can lock down all the main politicians in Brooklyn, he will be on his way. The primary is June 24. (V)