Last week the Acting United States Attorney for the Southern District of New York issued a memorandum dismissing the criminal charges against New York Mayor Eric Adams. To say the dismissal is unprecedented is the understatement of the year. But with Donald Trump calling the shots at the Justice Department anything can happen. Consider the fact that one of Trump’s first official acts in office was to pardon the January 6th insurrectionists.
But before we all assume that Adams got off scot free, it is necessary to look at the details of the dismissal. From my reading, if Adams “don’t tote that barge and lift that bale, he could get a little drunk and land in jail.” The quid pro quo for the dismissal is Adams’ ability or lack of ability to manage the immigrant crises in New York City according to Trump’s playbook.
The charges against the once-Democratic and now MAGA mayor stem from a five-count indictment issued last September based on allegations of corruption and fraud. Federal prosecutors allege that Adams engaged in conspiracy, wire fraud, soliciting illegal foreign campaign contributions and bribery.
Namely, he is accused of accepting at least $123,000 in flight upgrades and airline tickets from the Turkish government in exchange for pressuring the New York City Fire Department to speed the approval of a new 36-story Turkish consulate in Midtown Manhattan despite safety concerns ahead of a visit by the Turkish president in late 2021.
For those not familiar with the legal process, when a crime occurs or allegations of criminal activity are made, local police or in the case of Adams, the FBI, begin an investigation. Investigators and prosecutors work together to build a case. Because Adams is an elected official, all decisions and evidence were reviewed by the top brass at the U.S. Attorney’s office In Washington.
Prosecutors also went to a federal judge and convinced him or her that there was sufficient evidence to get a search warrant. To satisfy any judge that a search warrant should be issued to search the cell phone and property of the Mayor of the City of New York, the evidence has to be overwhelming. Apparently, it was because the judge issued the search warrant.
The case then goes to a grand jury. Made up of ordinary citizens, the grand jury listens to the evidence and votes whether to issue a true bill, which is an indictment or a no bill, which means the case is over. While the standard of proof is lower in the grand jury than in a regular trial, the grand jurors decided that there was enough evidence to issue an indictment.
Adams entered a plea of not guilty to the charges, and the matter was set for trial. His lawyers filed a motion to dismiss the case, but that motion was denied by the trial judge. Which means the evidence was reviewed by yet another set of eyes, in this case a federal judge. The judge decided there was sufficient evidence to go forward. But for the intervention of Donald Trump’s Justice Department, Adams should face a jury who would decide his guilt or innocence like any other citizen.
But the normal process of our judicial system has been derailed by the election of Donald Trump. Apparently, Adams’ pre-election quasi-endorsement of Trump and his post-election pilgrimage to Mar-A-Lago served its purpose.
But not so fast. Let’s look at the details.
First, the dismissal is without prejudice, which means the prosecution is throwing out the case for now but can bring it again. The proverbial sword of Damocles still hangs over Adams’ head. The prosecution even made him sign a statement to that effect so he could not come back later and say he did not understand.
The memo specifically says that the prosecution is not dismissing the case because of lack of sufficient evidence, and they even say that the prosecutors and staff who developed the case didn’t make any mistakes. They assert that Adams is too busy running the City of New York and should not have to take time out of his busy life to be bothered by spending time defending himself.
That’s kind of like saying recently convicted Senator Bob Menendez was too busy as a Senator to deal with the charges of bribery and corruption, for which he was convicted and sentenced to 11 years in jail.
The memo then says that Adams should spend his time enforcing the orders of the Trump administration on immigration rather than spending time in a court room. Apparently, in Trump’s world, getting rid of illegal aliens is more important than getting rid of corruption.
It gratuitously adds that there should be no further investigation of the mayor. I guess that means that he has a free rein to do whatever he wants without having to worry about the FBI looking over his shoulder — that is as long as he does Trumps bidding.
If you ask me, Trump went to the slave market and bought Eric Adams lock, stock and barrel. Adams sold his soul to Trump in exchange for giving Trump total control of immigration in the nation’s largest city and on the backs of every individual in New York City who has an issue with immigration. But if Adams doesn’t play ball, the indictment is reinstated.
But now in an unusual turn of events, New York’s top federal prosecutor and two other high-level prosecutors in Washington have refused to sign off on what appeared to be a sweetheart deal for Adams. They resigned, arguing that there is no legal reason for the dismissal.
The next step will be for the matter to come before the trial judge who must sign off on the dismissal. That may or may not happen. The plot thickens as the Justice Department goes from a place that deals with fairness and justice to a political arm of the Trump administration.
C. Ellen Connally is a retired judge of the Cleveland Municipal Court. From 2010 to 2014 she served as the President of the Cuyahoga County Council. An avid reader and student of American history, she is a former member of the Board of the Ohio History Connection, and past president of the Cleveland Civil War Round Table, and is currently vice president of the Cuyahoga County Soldiers and Sailors Monument Commission. She holds degrees from BGSU, CSU and is all but dissertation for a PhD from the University of Akron.
One Response to “Case Against Mayor Eric Adams Dismissed—At What Cost? by C Ellen Connally”
Mel Maurer
Thanks Ellen. Trump has shattered the major tennt of our democracy – “No one is above the law.” First putting himself above the law, then the hundreds of criminals he pardoned and now, in effect, the mayor of New York City. What’s left of the remains of our Founding Fathers turn in their graves, In eatablishing our once treasured balance of powers, thery relied on the morality of those who would hold positions in our government. Now we have a convicted felon in charge with sycophants doing everything he wants – while the oaths they took are totally ignored. Our Nation in shame.