Judge overseeing NYC Mayor Eric Adams case to consider DOJ motion to dismiss on Wednesday

(CNN) — The federal judge overseeing the corruption case against New York City Mayor Eric Adams has scheduled a hearing Wednesday to consider the Justice Department’s controversial motion to dismiss the charges.

This will be the first public face-off since seven federal prosecutors, including the interim US attorney for the Southern District of New York, resigned in protest and four deputy mayors departed City Hall.

The hearing comes as calls mount from top Democrats for the embattled Democratic mayor to step down or be removed from office and as former prosecutors urge the judge to not approve the dismissal without digging deeper into the circumstances surrounding the deal.

A nonprofit group and three former US attorneys suggested, if necessary, the judge appoint a special prosecutor to continue the case.

Judge Dale Ho, a Biden appointee, said the parties should be prepared to discuss the reason for the dismissal motion, what Adams has agreed to, and the next procedural steps in the case.

“Courts rarely refuse to go along with a dismissal, but these are exceptional circumstances,” said David Sklansky, a Stanford University law professor and co-director of the Stanford Criminal Justice Center.

The Justice Department moved to dismiss the case under Rule 48(a) of the Federal Rules of Criminal Procedure, which says the government may “with leave of the court” dismiss an indictment. Several judges have interpreted that to mean that judges play a role and are not a rubber stamp.

In the past, judges have looked at a few factors, mainly whether dismissing the case is in the public interest.

Acting Deputy Attorney General Emil Bove said the case should be dismissed without prejudice, meaning it could be revived, because of “appearances of impropriety and risks of interference with the 2025 elections in New York City” and because continuing the case would “interfere with the defendant’s ability to govern in New York City” and threaten President Donald Trump’s immigration policies. Adams has consented in writing to the deal.

Bove is expected to appear in court Wednesday for the 2 p.m. ET hearing.

In her resignation letter, Danielle Sassoon, the interim US attorney for the Southern District of New York, said the argument doesn’t pass muster because the arrangement “implicitly threatens” Adams with a future indictment if he doesn’t carry out Trump’s immigration agenda and is not in the public interest.

Adams’ attorneys have adamantly denied that there is a quid pro quo.

“At no time prior to, during, or after the meeting did we, Mayor Adams, or anyone else acting on behalf of Mayor Adams offer anything to the Department, or anyone else, in exchange for dismissal of the case. Nor did the Department, or anyone else, ever ask anything of us or the Mayor in exchange for dismissing the case. There was no quid pro quo. Period,” Alex Spiro and William Burck, attorneys for Adams, wrote in a letter to the judge Wednesday. Bove has also denied any deal.

Comparisons to Michael Flynn case

The legal drama has some similarities to former special counsel Robert Mueller’s case against Gen. Michael Flynn, who served early in Trump’s first administration and was prosecuted for lying to the FBI. Flynn pleaded guilty but later sought to withdraw the plea as the Justice Department, under Attorney General Bill Barr, then moved to dismiss the charges stating the evidence in the case was weak.

Judge Emmet Sullivan appointed former Judge John Gleeson to review the case. Gleeson found the government’s reasoning was “not credible” and that “the Government has engaged in highly irregular conduct to benefit a political ally of the President.” He recommended the judge deny the motion to dismiss and sentence Flynn.

While the case was being litigated Trump pardoned Flynn. Sullivan dismissed the motion to dismiss the case as moot but wrote, “As indicated by the history of Rule 48(a), the corrupt dismissal of politically well-connected individuals would also constitute an abuse of discretion.”

If Judge Ho were to reject the motion to dismiss the case against Adams, there’s little precedent of what happens next.

Adams is scheduled to go to trial on five criminal charges, including bribery, in April. He has pleaded not guilty.

“We’re in waters that are so uncharted it’s a little hard to game out exactly what would happen if the government tells the judge, ‘Forget it. We’re not listening to you and we’re not doing this,’” said Sklansky. “You can’t order somebody to be zealous.”

This story has been updated with additional developments.

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