DOJ 47
United States v. Adams (1:24-cr-00556)

Court dockets

Background

The Biden administration indicted Eric Adams, the mayor of New York. They alleged he accepted bribes from the Turkish government.

The Trump administration offered to drop the charges without prejudice, meaning that the charges could be brought again in the future if the US government changed its mind.

At about the same time, Adams agreed to change New York's policies to co-operate more closely with the US government.

The question

Can the government use the carrot of dropping criminal charges as a quid pro quo to obtain favours from politicians?

Why it's fucked up

The quid pro quo was sufficiently distasteful that at least 7 DOJ prosecutors resigned rather than go along with it.

The judge appointed George W Bush's former Solicitor General, Paul Clement to advise on the correct outcome.

Result

The judge denied the government's request. Instead, the judge ordered the charges be dropped with prejudice.

News

Amicus appointed
2025-02-21

Read the order.

Chris Geidner
To return to this. This is 100% the right call because: * It inserts public process into a mostly behind-the-scenes act. * Paul Clement is a highly respected conservative lawyer. * Clement was Solicitor General, so brings DOJ knowledge. * Clement has argued 115 cases at the Supreme Court, so, that.
Anna Bower
NEW: Judge Dale Ho appoints Paul Clement to present “friend of the court” arguments on the government’s motion to dismiss Eric Adams’s charges.

Gov Hochul teases doing something
2025-02-18

The New York governor has the authority to remove Eric Adams from his position of mayor.

Carl Quintanilla
GOV. HOCHUL: “.. the alleged conduct at City Hall that has been reported over the past two weeks .. cannot be ignored. Tomorrow, I have asked key leaders to meet me at my Manhattan office for a conversation about the path forward, with the goal of ensuring stability for the City of New York.”

DOJ moves to dismiss charges
2025-02-14

Chris Geidner
the “this wasn’t us, your honor” letter
Chris Geidner
NEW: Letter filed in Adams case announces that ALL of the prior counsel on the case from the S.D. N.Y. U.S. Attorney’s Office are withdrawing from it.
BY ECE The Honorable Dale E. Ho United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: United States v. Eric Adams, 24 Cr. 556 (DEH) Dear Judge Ho: It is respectfully requested that the Court notice the withdrawal of Celia V. Cohen, Andrew Rohrbach, Derek Wikstrom, and Hagan Scotten as counsel for the United States in the above-captioned matter. Respectfully Submitted, /s/ Celia V. Cohen Andrew Rohrbach Assistant United States Attorneys Southern District of New York
Chris Geidner
BREAKING: The U.S. Justice Department files a motion seeking to dismiss the charges against Eric Adams, the New York City mayor, in S.D.N.Y. without prejudice. The three lawyers whose names are on the filing all just entered appearances in the case. storage.courtlistener.com/recap/gov.us...
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK : UNITED STATES OF AMERICA -V. - NOLLE PROSEQUI 24 Cr. 556 (DEH) : ERIC ADAMS, Defendant. : - - X 1： The United States respectfully submits this motion seeking dismissal without prejudice of the charges in this case, with leave of the Court, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.' See United States v. Blaszczak, 56 F.4th 230, 238 (2d Cir. 2022) (reasoning that "[t]he government may elect to eschew or discontinue prosecutions for any of a number of reasons," including based on announcements relating to "general policy."); United States v. Fokker Servs. B.V., 818 F.3d 733, 742 (D.C. Cir. 2016) ("[Djecisions to dismiss pending criminal charges—no less than decisions to initiate charges and to identify which charges to bring— lie squarely within the ken of prosecutorial discretion."); United States v. Amos, 2025 WL 275639, at *2 (D.D.C. 2025) ("[The government's view of the public interest does not clearly fall within the types of reasons found to provide legitimate grounds to deny the government Rule 48(a) motion to dismiss charges.").7. Accordingly, the United States respectfully requests, on consent, that the Court enter an order of nolle prosequi pursuant to Rule 48(a), without prejudice, with respect to all of the charges in Indictment 24 Cr. 556 (DEH). Dated: February 14, 2025 /s/ Antoinette T. Bacon Supervisory Official Criminal Division United States Department of Justice Edward Sullivan Senior Litigation Counsel Public Integrity Section Criminal Division United States Department of Justice (202) 514-2000 Based on the foregoing, I hereby direct, with leave of the Court, that an order of nolle prosequi pursuant to Rule 48(a), without prejudice, be filed as to Defendant Eric Adams with respect to Indictment 24 Cr. 556 (DEH). Dated: February 14, 2025 Emil Bove Acting Deputy Attorney General United States Department of Justice

Resignations
2025-02-13

Ultimately, seven DOJ prosecutors would resign rather than go along with the scheme to extort Adams.

Eventually, the DOJ found someone willing to sign under the threat of mass firings.

Brad Heath
From Reuters: CAREER FEDERAL PROSECUTOR TO SIGN MOTION TO DISMISS ADAMS CASE AFTER PRESSURE FROM ACTING DEPUTY ATTORNEY GENERAL-SOURCES
southpaw
AUSA Hagan Scotten, former clerk for John Roberts, really put some mustard on his resignation letter.
BY EMAIL Re: United States v. Eric Adams, 24 Cr. 556 (DEH) Mr. Bove, I have received correspondence indicating that I refused your order to move to dismiss the indictment against Eric Adams without prejudice, subject to certain conditions, including the express possibility of reinstatement of the indictment. That is not exactly correct. The U.S. Attorney, Danielle R. Sassoon, never asked me to file such a motion, and I therefore never had an opportunity to refuse. But I am entirely in agreement with her decision not to do so, for the reasons stated in her February 12, 2025 letter to the Attorney General. In short, the first justification for the motion-that Damian Williams's role in the case somehow tainted a valid indictment supported by ample evidence, and pursued under four different U.S. attorneys is so weak as to be transparently pretextual. The second justification is worse. No system of ordered liberty can allow the Government to use the carrot of dismissing charges, or the stick of threatening to bring them again, to induce an elected official to support its policy objectives. There is a tradition in public service of resigning in a last-ditch effort to head off a serious mistake. Some will view the mistake you are committing here in the light of their generally negative views of the new Administration. I do not share those views. I can even understand how a Chief Executive whose background is in business and politics might see the contemplated dismissal-with-leverage as a good, if distasteful, deal. But any assistant U.S. attorney would know much i i red oril, in this ily. wing the perset arthro he Reside is ving 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. But it was never going to be me. Please consider this my resignation. It has been an honor to serve as a prosecutor in the Southern District of New York. Yours truly, Hagan Scotten Assistant United States Att…
Chris Nagano
Outstanding letter from Danielle Sassoon, the US Attorney for the Southern District of New York to the Attorney General regarding his order to drop the case against Mayor Eric Adams Sassoon definitely has a pair of titanium ones 1/2
southpaw
There’s a full on Saturday Night Massacre going on this Thursday afternoon.
Katherine Faulders
NEWS - As soon as DOJ's Public Integrity Section was informed it would be taking over Mayor Adams case, John Keller, the acting head of the unit and his boss, Kevin Driscoll, the senior most career official in DOJ's criminal division resigned, according to multiple sources. bsky.app/profile/kfau...
Katherine Faulders
Danielle Sassoon resigned Thursday as the acting US Attorney for the Southern District of New York. It follows the Justice Department’s directive to drop the case against Mayor Eric Adams.
NBC News
BREAKING: The acting U.S. attorney for New York’s Southern District resigns after DOJ’s order to drop corruption charges against NYC Mayor Eric Adams. nbcnews.to/3QjCeys