A federal judge in New York on Wednesday permanently dismissed corruption charges against New York City Mayor Eric Adams. Judge Dale Ho dismissed the case with prejudice, meaning it cannot be revived.  While the Justice Department sought to have the case dismissed to free up Adams to cooperate with the mayor’s immigration agenda, they had wanted the case dismissed without prejudice – meaning it could be brought again.

Judge Ho said he could find no other example of the government dismissing charges against an elected official to enable the official to facilitate federal policy goals.  In a 78-page opinion, Judge Ho wrote Tuesday: “DOJ’s immigration enforcement rationale is both unprecedented and breathtaking in its sweep, and DOJ’s assertion that it has ‘virtually unreviewable’ license to dismiss charges on this basis is disturbing in its breadth, implying that public officials may receive special dispensation if they are compliant with the incumbent administration’s policy priorities. That suggestion is fundamentally incompatible with the basic premise of equal justice under the law.”  Ho added: In light of DOJ’s rationales, dismissing the case without prejudice would create the unavoidable perception that the Mayor’s freedom depends on his ability to carry out the immigration enforcement priorities of the administration, and that he might be more beholden to the demands of the federal government than to the wishes of his own constituents. That appearance is inevitable, and it counsels in favor of dismissal with prejudice.” (per CNN.)

The Department of Justice moved to dismiss the charges in February, saying that continuing them interfered with the mayor’s ability to govern, thereby threatening “federal immigration initiatives and policies.” The department asked that the charges be “dismissed without prejudice,” allowing for the case to be potentially carried out at a later date.

Adams, who is up for reelection this fall, was indicted last year in the Southern District of New York on five counts in an alleged long-standing conspiracy connected to improper benefits, illegal campaign contributions and an attempted cover-up. He has said the charges are politically motivated and pleaded not guilty.

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