A federal judge on Wednesday prodded for detailed answers from a top Justice Department official who is seeking the dismissal of corruption charges against New York City’s mayor, Eric Adams, a request that has shaken the legal community across the nation.
The judge, Dale E. Ho, made no decision during the 90-minute hearing, but compelled the acting No. 2 official at the Justice Department to defend the rationale for abandoning the case against Mayor Adams. The judge asked for “patience as I consider these issues carefully.”
Last week, the acting deputy attorney general, Emil Bove III, directed prosecutors to seek an end to the prosecution of Mr. Adams, prompting mass resignations at the Justice Department. On Wednesday, Mr. Bove represented the government. Mr. Adams was also present, sitting at a table flanked by his lawyers.
The request to stop the case ahead of a scheduled April trial was “a standard exercise of prosecutorial discretion,” Mr. Bove said Wednesday, adding that the indictment had cost Mr. Adams his security clearances and “impacts the national security and immigration objectives” of the president.
In his directive to prosecutors, Mr. Bove said that the desire to throw out the charges was not based on the case’s legal merits. The case, he said, was impeding the mayor’s ability to aid Mr. Trump’s program of mass deportation.
Judge Ho, began Wednesday by saying that he was aware of his limited authority to order that prosecutors continue the case, and wanted to proceed carefully. Throughout the hearing, Judge Ho was methodical — first asking Mr. Adams a string of questions about his understanding of the agreement with the government, before delving into a lengthy interrogation of Mr. Bove. His questions for Mr. Bove centered on the rationale that guided the government’s motion to dismiss the case against Mr. Adams.
Judge Ho told the lawyers it was a “very complicated situation, at least from where I sit.”
Mr. Bove, a former criminal defense lawyer for President Trump, defended his request, telling Judge Ho that the prosecution had “appearances of impropriety” and represented an abuse of the criminal justice system. He has argued in court papers that the five felony counts, which included bribery and wire fraud counts, were brought to punish the mayor for his stance on immigration.
Mr. Adams’s lawyer, Alex Spiro, said Mr. Adams was unable to work with a federal task force after the indictment. In the past, Mr. Adams has firmly denied that the federal case had hindered his ability to govern.
Mr. Bove’s presence at the hearing as the lone Justice Department offical defending the actions of the Justice Department was remarkable. When he directed prosecutors in Manhattan to seek an end to the prosecution of Mr. Adams, at least eight lawyers quit rather than sign the request. In the end, Mr. Bove signed it himself, along with two other department officials.
The hearing was a window into issues that could test the limits of prosecutorial independence in the Trump era, and the president’s drive to use the Justice Department to carry out his policy goals. After Mr. Adams was charged last year, he allied himself closely with the president, who said the mayor had been treated unfairly.
Here’s what else to know:
-
Refusing to obey: At least eight prosecutors have resigned over Mr. Bove’s orders, including Danielle R. Sassoon, the interim head of Manhattan’s U.S. attorney’s office. Ms. Sassoon accused Mr. Adams of offering to use his position to aid Mr. Trump’s immigration agenda in exchange for a dismissal of his case, saying in a letter to the U.S. attorney general that the arrangement “amounted to a quid pro quo.” Alex Spiro, a lawyer for Mr. Adams, has denied that any deal was offered, as has Mr. Bove.
-
Investigation requests: Judge Ho faces a flurry of requests that he investigate the government’s actions. Three former U.S. attorneys asked the judge in a filing on Monday to conduct an extensive inquiry into whether the motion was a pretext for securing the mayor’s help on immigration.
-
The judge: Judge Ho, previously a leading civil rights lawyer, was appointed by President Joseph R. Biden Jr. and confirmed in 2023. He narrowly made it onto the bench after a contentious confirmation process that ended in a 50-to-49 vote by the U.S. Senate. The Adams case was randomly handed to Judge Ho, who has scant experience presiding over criminal cases, but a reputation as a tough litigator and a fierce advocate for civil liberties.
-
The governor is watching: Critics of the mayor have argued that Mr. Adams is now beholden to Mr. Trump and cannot serve the city. Gov. Kathy Hochul, who has the power to remove the mayor from office, met on Tuesday with city officials and others to discuss whether she should take such action. Here are five factors that could shape her decision.
Devlin Barrett and Olivia Bensimon contributed reporting.