The judge considering the Trump Justice Department’s highly unusual motion to dismiss Mayor Eric Adams’ corruption case on Friday appointed an outside counsel to help him decide what to do.
Manhattan Federal Judge Dale Ho assigned the task to Paul Clement, a former Solicitor General under President George W. Bush, to advise on the scope of inquiry warranted as he considers the controversial request to toss the case against Adams.
The Trump Justice Department and attorneys for Adams have both asked the judge to rule expeditiously, but Friday’s order makes clear the judge is embracing a more deliberative approach before issuing his decision.
In seeking to dismiss the case, the Department of Justice acknowledged it never assessed the merits of the case, but argued that dismissal was necessary to free up the mayor to assist the Trump istration’s immigration enforcement initiative.
The appointment comes two days after Acting Attorney General Emil Bove appeared in Ho’s courtroom to seek approval of what he argued was a routine dismissal motion that did not require further scrutiny.
Clement will act as a “friend of the court” or amicus curiae attorney, not representing either the mayor or the Department of Justice. Instead, he will perform the role of an outside examiner to aid Judge Ho in his decisionmaking.
The judge assigned Clement to examine whether the court, in deciding whether the dismissal motion is in the public’s interest, can consider materials other than the dismissal motion itself. This could include internal correspondence by former Acting Manhattan U.S. Attorney Danielle Sassoon, who resigned rather than follow DOJ’s directive to drop the prosecution.
In her resignation letter, Sassoon contended that the motion was the product of a quid pro quo deal in which the mayor agreed to assist the Trump team in exchange for dismissal of his case.
The judge also tasked Clement with looking into whether “further inquiry” would be appropriate in considering whether to approve or reject the pending dismissal motion.
That could include taking testimony from witnesses such as Sassoon, who has described a Jan. 31 meeting with Bove in which Adams’ attorneys “repeatedly urged what amounted to a quid pro quo indicating that Adams would be in a position to assist with the Department’s enforcement priorities only if the indictment were dismissed.”
During the hearing Wednesday, Ho zeroed in on this, questioning Adams’ attorney, Alex Spiro, who has denied any quid pro quo agreement and claimed Sassoon’s accusation is false. Ho wanted to know who on Adams’ team would swear under oath to this, to which Spiro volunteered to do so immediately.
Spiro and Bove both objected to a separate amicus letter by three ex-U.S. attorneys calling on the judge to convene a full evidentiary hearing on the circumstances that led up to the dismissal motion, including why it was filed “without prejudice.” That allows the Department of Justice to reopen the case at any time. Critics of the deal have argued that this gives the Trump istration leverage over Adams.
Ho also asked Clement to look into whether a dismissal, if granted, should be with or without prejudice. “With prejudice” would prohibit the DOJ from reopening the corruption case the Manhattan U.S. attorney filed against Adams last September.
“The court notes that it has considered the parties’ views with respect to the appointment of amicus and concludes that an appointment is appropriate here to assist the court’s decision-making,” Judge Ho wrote Friday. “That is particularly so in light of the public importance of this case, which calls for careful deliberation.”
In his order he pledged to “endeavor to rule expeditiously after briefing (and if necessary oral argument) is complete.” He also noted the dismissal deal’s key argument, that the indictment was preventing the mayor from performing his duties at City Hall. Adams, he stated, does not have to appear in court as Clement’s review plays out.
Clement served as U.S. Solicitor General from 2004 to 2008, representing the Bush istration in arguments before the Supreme Court. In private practice he attracted notoriety for representing gun rights advocates, quitting his law firm when it stopped handling such cases.
He represented the New York State Rifle & Pistol Association, which won a major victory when Supreme Court Justice Clarence Thomas wrote the 6-3 decision declaring New York’s system of awarding gun carry permits violated the Second Amendment right to bear arms.
He did not respond to THE CITY’s request for comment.