Federal judge urged to drop criminal case against Mayor Adams

A former U.S. solicitor general advised a federal judge Friday to accept a Justice Department request to drop corruption charges against New York City Mayor Eric Adams but to disallow an indictment from being later refiled so it doesn't hang over him "like the proverbial Sword of Damocles."

What we know:

Paul Clement, who was solicitor general under President George W. Bush, delivered the recommendation to Judge Dale E. Ho in papers filed two weeks after Ho appointed him to advise on the case.

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In a written submission, Clement told Ho that there was "ample reason" to dismiss the prosecution without granting the Justice Department's request to be able refile them after this year's mayoral election, which would leave "a prospect that hangs like the proverbial Sword of Damocles over the accused."

He added: "Such an ongoing prospect of re-indictment is particularly problematic when it comes to the sensitive task of prosecuting public officials. There is an inherent risk that once an indictment has been procured, the prospect of re-indictment could create the appearance, if not the reality, that the actions of a public official are being driven by concerns about staying in the good graces of the federal executive, rather than the best interests of his constituents."

He said disallowing the refiling of the charges would eliminate "the distinct appearance problems inherent in a public official serving his constituents with the ever-looming prospect of re-indictment by the executive on charges already laid bare in a public indictment."

The backstory:

Adams' case has triggered internal controversy within the Justice Department. 

Former Interim U.S. Attorney Danielle Sassoon refused to request dismissal, arguing that it was politically motivated and inconsistent with department policy. She resigned in protest, followed by six other prosecutors. 

RELATED: What to know about former Manhattan federal prosecutor Danielle Sassoon

Last week, lawyers for Adams subsequently asked for the charges to be dismissed "with prejudice," meaning they could not be refiled. 

‘What did Adams do?’

Dig deeper:

Adams is currently under investigation after being indicted in September, facing accusations of accepting over $100,000 in illegal campaign contributions and travel perks from a Turkish official and business leaders seeking to influence him during his tenure as Brooklyn Borough President. As he confronts legal challenges, Adams also faces multiple contenders in the upcoming Democratic primary in June.

Adams has pleaded not guilty and denies wrongdoing.

Adams’ trial is scheduled to begin April 21, and he faces multiple challengers in June’s Democratic primary.

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