United States of America v. Eric Adams, 24 -CR-556 (DEH).
FROM THE OPINION:
Dale E. Ho, United States District Judge.
On February 14, 2025, the Department of Justice (“DOJ”) filed a motion seeking to dismiss
without prejudice the Indictment against New York City Mayor Eric Adams, pursuant to Federal
Rule of Criminal Procedure 48(a).¹ ECF No. 122 (the “Rule 48(a) Motion”). DOJ’s Motion states
that dismissal of this case is justified for several reasons, including because “continuing these
proceedings would interfere with” the Mayor’s ability to govern, thereby threatening “ federal
immigration initiatives and policies.” Id. ¶ 6. A critical feature of DOJ’s Motion is that it seeks
dismissal without prejudice—that is, DOJ seeks to abandon its prosecution of Mayor Adams at
this time, while reserving the right to reinitiate the case in the future. DOJ does not seek to end
this case once and for all. Rather, its request, if granted, would leave Mayor Adams under the
specter of reindictment at essentially any time, and for essentially any reason.
The Court declines, in its limited discretion under Rule 48(a), to endorse that outcome.
Instead, it dismisses this case with prejudice—meaning that the Government may not bring the
charges in the Indictment against Mayor Adams in the future….