The Justice Department is moving forward with its motion to dismiss the bribery and corruption case against New York City Mayor Eric Adams "without prejudice" in court on Wednesday, which means the charges could be refiled against the mayor at a later date, a Justice Department official said. The word from the DOJ official perhaps signaling that a last-minute effort by the mayor's legal team to make the charges go away forever had been unsuccessful.
Two sources familiar say there were recent discussions between the Adams legal team and Justice Department about the possibility of requesting a permanent dismissal of the charges. If such a motion were to be granted - "with prejudice" - it could result in a significant shift in the outcome for Adams, forever lifting the risk of a future federal prosecution off his shoulders at a time when the mayor's detractors say he is being "held hostage."
Critics are calling for Adams to resign or be removed, alleging the Trump administration is using its ability to reinstate the charges as leverage to try and pressure New York City to cooperate more fully with its policies, including stepped up immigration enforcement. Sunday, NBC New York was first to report on the impending resignations of four Adams deputy Mayors, who expressed concerns about being asked not to criticize Trump or his policies.
By late Tuesday, two sources close to Mayor Adams said that while the parties had explored the possibility of asking Judge Dale Ho to dismiss the case forever, and had been optimistic that the DOJ was on board, they were still unsure of what would happen in court Wednesday. One of the sources believed the DOJ had rejected the change, while the other believed it was still on the table.
The Justice Department official said they were unaware of whether any such discussions had taken place with the Adams legal team - but one source close to Adams said the alleged discussions had continued into this week - even as the mayor's attorney, Alex Spiro, consented in writing to the Justice Department's existing motion - which leaves the door open to charges being revived after the November election.
The sources were unable to say whether Mayor Adams' legal team would submit a request to dismiss the case "with prejudice" Wednesday if the Justice Department does not.
Adams' attorney Alex Spiro did not return a request for comment.
Gov. Kathy Hochul said Tuesday she wanted to wait and see what unfolds in court before making decisions about the mayor's fate, according to sources familiar with a series of private meetings Hochul hosted Tuesday with faith and political leaders. Some who requested anonymity to discuss the private conversations said the rumored shift to a dismissal "with prejudice" could potentially change the "hostage" dynamic currently dogging the mayor, while acknowledging that the move could elicit new criticisms.
The sources also said Hochul does not take lightly her power to remove the mayor nor overturn the will of the voters and is hoping to minimize chaos and maintain stability. One source familiar with the governor's meetings said the majority of leaders with whom she met Tuesday did not urge her to remove Adams.
