A lawyer appointed to independently assess the corruption case against New York City Mayor Eric Adams has recommended that a federal judge dismiss the charges permanently, ensuring they cannot be reinstated in the future.
Paul Clement, a former U.S. solicitor general, was chosen by Judge Dale Ho to provide an objective legal evaluation after the Justice Department moved to dismiss the case without prejudice—a move that would allow prosecutors to revive the charges later.
In his report, Clement warned that allowing the case to remain open for potential future prosecution could create undue pressure on Adams, particularly in relation to President Donald Trump’s immigration policies.
“A dismissal without prejudice creates a palpable sense that the prosecution could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused,” Clement wrote.
He cautioned that keeping the case open while Adams faces legal uncertainty could give the appearance—or even the reality—that his actions as mayor are influenced by a desire to stay in the federal government’s favor rather than acting in the best interests of his constituents.
Clement argued that the only way to eliminate this risk is for Judge Ho to dismiss the case with prejudice, meaning it could never be refiled.
The Justice Department’s move to drop the case against Adams came as federal officials sought his cooperation with Trump’s immigration agenda. A dismissal without prejudice would have allowed prosecutors to bring charges again if Adams failed to cooperate, a scenario that Clement strongly opposed.
“There is an inherent risk that once an indictment has been procured, the prospect of reindictment 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,” Clement wrote.
By dismissing the case with prejudice, he argued, the judge would remove the Trump administration’s ability to use legal pressure as leverage over the mayor.
If Judge Ho adopts Clement’s recommendation, it would clear Adams of legal jeopardy but strip the Trump administration of a tool to ensure his compliance with federal immigration policies.
Meanwhile, Adams still faces another major challenge—his upcoming re-election battle. With several mayoral candidates vying to unseat him, his focus now shifts from fending off federal prosecutors to defending his position inside City Hall for another four years.
