Federal Judge Vacates Trial for New York City’s Mayor but Doesn’t Dismiss Charges

New York City Mayor Eric Adams gives a thumbs up as he arrives to attend a court hearing at federal court in New York City on Feb. 19, 2025. Charly Triballeau/AFP via Getty Images

A federal judge on Feb. 21 vacated an upcoming trial for New York City Mayor Eric Adams but declined to dismiss the charges against Adams for now.

U.S. District Judge Dale Ho said that in light of the U.S. Department of Justice (DOJ) requesting the charges be dismissed and Adams consenting to the request, “it is clear that trial in this matter will not go forward on April 21” as scheduled.

But the judge did not throw out the charges, which include accepting illegal campaign contributions, finding that government motions to dismiss charges without prejudice—which allows prosecutors to potentially refile them later—are typically opposed by defendants.

A recent hearing featuring a DOJ official and Adams “helped clarify the parties’ respective positions, but there has been no adversarial testing of the Government’s position generally or the form of its requested relief specifically,” Ho said.

He appointed Paul Clement, an outside lawyer, to serve as amicus curiae, or friend of the court, to present arguments regarding the DOJ’s motion, including whether the judge can consider materials outside the motion when weighing whether to throw out the case.

Ho said that because of concerns the prosecution was burdening the mayor’s ability to govern, the mayor does not need to appear at future hearings.

Clement, a partner with the Clement & Murphy PLLC legal firm, was U.S. solicitor general from 2005 to 2008. Trump included him in 2020 on a list of individuals he said he would pick from if he won the election that year and was presented during his second term with a vacancy on the U.S. Supreme Court.

Clement has previously served in a similar role in at least one other case. Supreme Court justices appointed him as amicus curiae in a case decided in 2020. “Because the Government agrees with petitioner on the merits of the constitutional question, we appointed Paul Clement to defend the judgment below as amicus curiae. He has ably discharged his responsibilities,” the court’s opinion stated.

The DOJ, an attorney representing Adams, and Clement did not immediately return requests for comment.

The DOJ charged Adams in 2024 with accepting illegal campaign contributions and perks such as luxury travel from foreigners. Top DOJ officials reviewed the case after President Donald Trump took office in January and determined the charges should be thrown out over concerns they interfered with the mayor’s ability to work with the administration on issues such as illegal immigration.

Some DOJ officials decided to resign rather than comply with the order to file a motion for dismissal. The motion was ultimately filed on Feb. 14.

“Continuing these proceedings would interfere with the defendant’s ability to govern in New York City, which poses unacceptable threats to public safety, national security, and related federal immigration initiatives and policies,” Acting Deputy Attorney General Emil Bove and two other officials wrote in the filing.

Adams consented to the motion, which asked for the charges to be dismissed without prejudice. That means they could be brought again at a later time.

“I have not committed a crime,” Adams told Ho during a hearing on Wednesday. “I’m not afraid of that.”

A federal rule lets the government dismiss charges “with leave of court.” Ho had said that the executive branch under the rule has the power to decide whether charges are brought and whether a pending case should be terminated but that there is a role for judges to assess the decisions.

Adams’s term ends in early 2026. He is running for reelection and facing multiple challenges in the Democratic Party primary.

New York Gov. Kathy Hochul announced on Thursday that she would not remove Adams from office and that she would propose new legislation that would strengthen oversight of New York City’s mayor.