A court-appointed counsel has advised U.S. District Judge Dale Ho to dismiss Mayor Eric Adams' criminal indictment permanently, arguing that a dismissal without prejudice would leave the door open for future prosecution. The counsel, Paul Clement, raised concerns that the possibility of re-indictment could pressure Adams into compliance with the Trump administration, particularly given the context of sensitive prosecutions of public officials. His 30-page report emphasizes the need for a definitive dismissal to protect the accused from ongoing legal uncertainty.
Clement argued that supporting the Adams defense team's motion to dismiss Adams' indictment with prejudice effectively killing the case is the right move for Judge Ho to make.
The prosecution's without prejudice caveat creates a palpable sense that the prosecution could be renewed, which is problematic when prosecuting public officials.
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