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By Luc Cohen
NEW YORK (Reuters) - A New York judge on Friday said he would conduct further inquiry before ruling on the U.S. Department of Justice's request to dismiss its corruption case against Eric Adams, but delayed the Democratic New York City mayor's criminal trial indefinitely.
In a written ruling, U.S. District Judge Dale Ho in Manhattan said he would appoint former U.S. Solicitor General Paul Clement to help him decide whether to let the Justice Department drop the case, while leaving open the possibility of bringing it again.
Ho's decision prolongs uncertainty over the case against Adams, who has warmed to Republican President Donald Trump, visiting him in Florida and then attending his inauguration.
The trial had been scheduled for April 21.
Justice Department officials in Washington asked Ho to dismiss the charges on February 14, after several prosecutors resigned rather than follow an order from Acting Deputy Attorney General Emil Bove, a Trump appointee and his former personal criminal defense lawyer, to seek dismissal.
Adams, 64, was charged last September during Democratic President Joe Biden's administration with taking bribes and campaign donations from Turkish nationals who sought his influence. He has pleaded not guilty.
At a Wednesday court hearing, Bove said a dismissal was needed so Adams could help Trump crack down on illegal immigration.
The controversy sparked a political crisis in the most populous U.S. city, with senior Democrats saying a dismissal would make Adams beholden to Trump.
ADAMS LAWYER DEFENDS REVERSAL
In his ruling, Ho said that because Adams and the Justice Department wanted the same outcome in the criminal case, there was no "adversarial testing" of the motion to dismiss the case.
Clement would provide an independent view on what to do, the judge said.
"An appointment is appropriate here to assist the court's decision-making," Ho wrote. "That is particularly so in light of the public importance of this case, which calls for careful deliberation."
Clement was solicitor general during the presidency of Republican George W. Bush, and since returning to private practice has advocated on behalf of many conservative causes.
Now a principal at Clement & Murphy, the 58-year-old Clement had been on Trump's list in 2020 of potential nominees to fill a U.S. Supreme Court vacancy. His age may work against him if a vacancy occurred now.
In a separate court filing on Friday, Adams' lawyer Alex Spiro said Attorney General Pam Bondi's calling the case against the mayor "incredibly weak" and an example of "weaponization of government" a day earlier further supported a dismissal.
"There is nothing unusual or suspect about setting right what was wrong," Spiro wrote.
The Justice Department did not respond to requests for comment.
Clement, the Justice Department and defense lawyers have until March 7 to recommend what to do next. Oral arguments may be held on March 14, Ho said.
New York City holds its mayoral primary in June, ahead of a November general election.
'QUID PRO QUO'
Adams has asserted without evidence that Biden's Justice Department brought the charges as retribution for his criticism of the former president's immigration policy.
Bove appeared to endorse that argument in a February 10 letter ordering Danielle Sassoon, the acting Manhattan U.S. attorney at the time, to seek a dismissal.
He said a decision to drop the charges was unrelated to the case's merits, and that the case was distracting Adams from helping Trump on immigration enforcement.
Sassoon, a rising star in conservative legal circles, resigned rather than comply with Bove's order.
In a February 12 letter to Bondi, Sassoon said Adams' lawyers had proposed a "quid pro quo" in which the mayor would help enforce Trump's hardline immigration policies only if the charges were dropped.
Seven other prosecutors also quit. Spiro and Bove have denied any "quid pro quo."
New York Governor Kathy Hochul, a Democrat, said on Thursday she would not use her power to remove Adams, but proposed new oversight of the mayor's office.
(Reporting by Luc Cohen in New York; Additional reporting by Jonathan Allen and Jonathan Stempel in New York, and Andrew Goudsward in Washington; Editing by Will Dunham, Noeleen Walder, Bill Berkrot and Rosalba O'Brien)
