New York Mayor Eric Adams told the federal judge, Dale Ho, who presides over his corruption case and is deliberating whether or not to dismiss the charges, that if the charges are revived, he is not afraid.  

At Wednesday’s hearing at United States District Court for the Southern District of New York, at which the judge tabled his decision on whether to dismiss the charges, the judge asked Mr. Adams if he understood that the corruption charges, which the previous Department of Justice, under the Biden Administration, brought against him last September and which President Trump wants to dismiss “without prejudice,” could be brought again if the government chooses to do so.       

“I am not afraid of that,” Mr. Adams told the court after he reiterated, “I have committed no crime.”  

When the judge asked if Mr. Adams had read the motion by the government to dismiss the charges, the mayor said, “I did not read it. It was explained to me.” The judge questioned Adams thoroughly if he understood all the legal aspects of the dismissal and his consent, and the mayor jokingly replied, “I appreciate that I failed my law class.” 

Judge Ho acknowledged at the onset of the hearing that judges had little latitude when asked by the state to dismiss charges which were brought by the state. A judge is only supposed to refuse the government’s request if it’s firmly in the public interest that he do so. 

Nevertheless, “I’m not gonna shoot from the hip right here from the bench,” Judge Ho said, adding that he wanted to make a “reasoned decision.”

In September, Mr. Adams became the first sitting mayor in New York City’s history to be indicted in federal court, where he pleaded not guilty to charges alleging that he accepted travel perks, such as airline ticket upgrades and luxury hotel rooms worth more than $100,000, and “straw donor” campaign contributions from individuals connected to Turkey and the New York City Turkish community. 

The five count indictment lists four main offenses, conspiracy, wire fraud, soliciting, accepting, and receiving campaign contributions from a foreign national, and bribery. The trial was set to begin in March, a date Mr. Adams chose so the trial would not conflict with the primary season, which begins in June, for the upcoming mayoral election in November. The Democratic primary is the most important election in most New York City contests, since there are so few Republicans.

But last week, President Trump’s Department of Justice directed the acting US attorney in the Southern District of New York, Danielle Sassoon, who had been elevated to the short-term role by Mr. Trump, to dismiss the charges. As the Sun reported, Ms. Sassoon refused to dismiss the case and resigned. Seven prosecutors in New York and Washington, including the top career prosecutors overseeing public corruption cases, followed her footsteps and resigned as well.

After Wednesday’s hearing, Acting Deputy Attorney General Emil Bove, who defended President Trump in his much publicized hush-money case, made clear that his department had no issue with resignations; in fact, anyone who refused to “support our critical mission” would be welcome to resign. 

In a statement, Mr. Bove emphasized that DOJ is committed to “ending weaponized government, stopping the invasion of criminal illegal aliens, and eliminating drug cartels and transnational gangs from our homeland. For those at the department who are with me in those battles and understand that there are no separate sovereigns in this executive branch, we’re going to do great things to make America safe again. For those who do not support our critical mission, I understand there are templates for resignation letters available on the websites of the New York Times and CNN.” 

Mr. Bove was in Judge Ho’s courtroom on Wednesday, having come from Washington to New York to personally explain to the judge why Mr. Adams’ case should be dismissed. He sat alone at his table during the proceeding, unaccompanied by any law clerks or paralegals, just as he did at Mr. Trump’s sentencing hearing, when the President and his lead attorney, Todd Blanche, were remote from Mar-a-Lago. 

The judge had called for the hearing, asking both Mayor Adams and the government to “appear before the Court” and “to address,” as the judge phrased it in his order on Tuesday, “the reasons for the Government’s motion” to dismiss the charges and “the scope and effect of Mayor Adams’s ‘consent in writing.’” 

Mr. Bove told Judge Ho his department was concerned that proceeding with the case would interfere with national security and immigration issues. 

“What is set forth here is my conclusion that this case is an abuse of prosecutorial discretion,” Mr. Bove said.

The judge also asked if Mr. Bove was aware of other cases in which the government had sought to dismiss a case for national security concerns. Mr. Bove said, he was not, but he told the judge that the case itself was not special, he viewed it as an attempt by the previous administration to weaponize the department of justice against the mayor. 

“Other than that there are a lot of people in this courtroom today. I don’t think there is anything exotic about this case.” Mr. Bove said. 

Mr. Bove cited national security concerns as the reason to dismiss the charges, echoing the sentiment expressed in a Tweet from Chad Mizelle, the chief of staff to Mr. Trump’s attorney general, Pam Bondi. 

Mr. Mizelle wrote that, “Prosecutorial misconduct and political agendas will no longer be tolerated. The case against Mayor Adams was just one in a long history of past DOJ actions that represent grave errors of judgement.  This DOJ is going back to basics.”

During most of Wednesday’s hearing, which lasted 90 minutes, the judge asked what he himself described as “basic questions” for which he often apologized. But it appeared he was trying to create a record, in case the charges would be brought again. He asked both parties if they had any issues if the amicus briefs and Ms. Sassoon’s letter of resignation would be added to the record. Alex Spiro, Mr. Adams’ lead defense attorney said he had no objections as long as the record “ends here.” The mayor clearly wanted things to be over with.

In her letter of resignation, Ms. Sassoon said the dismissal request was part of a “quid pro quo” deal with the White House. Mr. Adams would help President Trump with his mission to deport illegal migrants and in return the government would drop the case. 

“It never happened,” Mr. Spiro told the judge. “I am ready to raise my right hand now,” as if he were ready to take an oath. 

The judge did not rule on Wednesday but instead asked for “patience” so he could make a “reasoned decision.” 

It is unclear when Judge Ho will publish his ruling. If he decides to rule against the government and deny the request, the government can appeal that decision.