Mayor Adams Makes His Own Motion To Dismiss Case That He Calls a ‘Carnival’ That Has ‘Obliterated’ His Rights

The filing by Mayor Adams of his own memorandum arguing for the dismissal of the bribery charges brought in against him underscores that the case’s demise is far from certain, and the rationale for dismissal is hardly airtight.Mr. Adams argues that the denunciation of the decision to dismiss by the acting United States Attorney, Danielle Sasson —she subsequently resigned — violated “Mayor Adams’s fundamental constitutional rights and ability to receive a fair trial.” The mayor calls Ms. Sassoon’s resignation letter an act of “desperation in defense of a meritless case that never should have been pursued in the first place.” Hizzoner’s 20-page “memorandum of law” comes on the heels of the Department of Justice’s motion to dismiss the charges that were brought by prosecutors at the Southern District of New York. That retreat prompted turmoil at the DOJ, with some eight prosecutors resigning in outrage, including the case’s lead attorney and Ms. Sassoon, a one time clerk for Justice Antonin Scalia.The presiding judge, Dale Ho, last week appointed an independent attorney, the legal eminence Paul Clement, to advise him on how to proceed now that the DOJ insists that it no longer intends to prosecute New York City’s 110th mayor. Ms. Sassoon, whom Mr. Trump appointed acting United States Attorney, alleges a “quid pro quo” whereby the charges against Mr. Adams would be dropped in exchange for Gracie Mansion’s cooperation on immigration. The DOJ’s acting deputy attorney general, Emil Bove, insists that Ms. Sassoon “lost sight of the oath” that she took when she “started at the Department of Justice by suggesting that you retain discretion to interpret the Constitution” Mr. Bove, a onetime prosecutor at SDNY himself, accuses Ms. Sassoon of resisting “direct orders implementing the policy of a duly elected President.”That line of argument is picked by by Mr. Adams in this latest argument for dismissal. He contends that the extraordinary exchange of correspondence between Mr. Bove and Ms. Sassoon with respect to the decision to drop the case resulted in “extreme prejudice” to Hizzoner. He asserts that the injury to his presumption of innocence can only be remedied by a dismissal “with prejudice” — meaning that the charges cannot be refiled.Hizzoner’s request that the bribery charges be dismissed with prejudice is a break from the government’s recommended course, which is that the case be dismissed “without prejudice,” meaning that it could be refiled at a later date. Ms. Sassoon argues that such a prosecutorial Sword of Damocles was meant to enforce the quid pro quo engineer by Washington — if Mr. Adams went rogue, the case could be revived. Mr. Adams reckons that his “political opponents, both old and new, have all seized on” Ms. Sassoon’s letter “as evidence … that the Justice Department’s correct decision to dismiss this case was somehow wrongful.” Another resignation letter, authored by the case’s lead prosecutor, Hagan Scotten, is alleged to have “turbocharged the prejudice to Mayor Adams” by asserting that only a “coward” or a “fool” would have dropped the case.The mayor’s argument that there is a “an independent and more-than-sufficient basis” to drop the case aside from the DOJ’s decision not to prosecute it could suggest that both Mr. Adams and Main Justice envision a rocky road ahead for the dismissal. Judge Ho did not appear inclined to immediately grant the dismissal and Ms. Sassoon has predicted a “searching inquiry” into the government’s reasons for abandoning the case.Mr. Adams argues that the upheaval at the DOJ has resulted in a “carnival” that has compromised his “right to a fair trial and violated multiple clear rules governing what prosecutors can and cannot disclose to the media.” One of those regulations bars prosecutors from making any statement that “may reasonably be expected to influence the outcome of a pending or future trial.”The mayor’s contention that his “right to a fair and impartial trial by an unbiased jury has been obliterated” comes as reporting suggest that another contender for the Democratic nomination, Governor Cuomo, is readying to enter the race. Early polling has the Democratic scion leading Mr. Adams by double digits in the contest, which is scheduled for June.

Mayor Adams Makes His Own Motion To Dismiss Case That He Calls a ‘Carnival’ That Has ‘Obliterated’ His Rights

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