Mayor Eric Adams’ inner circle is growing increasingly antsy and frustrated as Manhattan federal Judge Dale Ho drags out a decision on whether to dismiss his corruption case, The Post has learned.
Nearly three weeks have passed since powerhouse lawyer Paul Clement — whom Ho tapped for advice on whether to dismiss the prosecution — recommended that the judge toss the mayor’s case for good.
Ho hasn’t made a peep since — and sources close to Adams complained the wait has hobbled Hizzoner’s fading chance to hit the campaign trail and make up lost ground in the upcoming Democratic mayoral primary.
“It’s infuriating that more than six weeks since the federal government move to dismiss the case the judge is still dragging it out,” one source griped.
“The mayor cannot practically move forward with a campaign until it’s resolved and, not ironically, the judge is keeping the mayor from running for election, not the actual case.”
Ho, who had promised to rule “expeditiously,” has kept silent on whether he’d follow Clement’s advice.
A source close to Adams grumbled to The Post about their frustration that Ho still hasn’t ruled, saying they were “losing sleep” over the pending decision.
Another insider worried the prolonged silence could spell bad news for the mayor — namely that Ho could break with Clement.
“I don’t know what his judge is going to do,” the source said.
Former federal prosecutor Neama Rahmani said the wait for Ho’s anticipated decision is “unusually long,” given there’s little room for the judge to do anything but dismiss the case.
“It’s a politically sensitive case,” Rahmani said. “He’s probably going to issue some long, detailed opinion… But the outcome is inevitable.”
“He’s not the most experienced judge. It’s his second year on the bench. Some of the less experienced judges tend to be slower. Everyone was talking about this case, so he’s probably just taking his time because of the political nature.”
The wait may be due to the fact that every turn in Adams’ case has been historic, and its highly unusual dismissal could lay the groundwork for how public corruption cases are handled in the future.
Another former federal prosecutor, Mark Bini, agreed Ho would likely eventually toss the case for good — and that the delay is likely just the judge being “very careful” given the unprecedented legal issues at play.
“I suspect that Judge Ho is taking his time because it is an unusual and unprecedented situation, and while dismissal with prejudice would remove the proverbial ‘sword of Damocles’ Clement suggested is hanging over Mayor Adams’ head, that is greater relief than the Government requested,” Bini, now a defense attorney at Reed Smith, told The Post.
“So, I suspect Judge Ho wouldn’t do that without being very careful in his reasoning and analysis.”
Ho’s hotly anticipated decision follows a political firestorm ignited by what would normally be a godsend: President Trump’s Department of Justice instructing Manhattan prosecutors to dump the historic case.
But Deputy Attorney General Emil Bove‘s highly-unusual move went wrong, as prosecutors with the Southern District of New York and the DOJ’s public corruption bureau in Washington, DC, quit, rather than file the motion to dismiss.
The feds eventually filed the motion Feb. 14, with Bove arguing the prosecution was politically motivated and hampered Adams’ ability to help with Trump’s crackdown on illegal immigration.
He asked for a dismissal “without prejudice,” leaving the door open to revive Adams’ prosecution following the November mayoral election — which many saw as keeping Hizzoner effectively beholden to Trump.
Amid the furor over an alleged quid pro quo — which Bove and Adams denied — Ho appointed Clement, the former US solicitor general under President George W. Bush, to give advice as he entered largely uncharted legal waters.
Clement advised Ho that his options were limited and argued the judge should change the dismissal type to “with prejudice,” killing the case for good — and lifting any political pressure from Adams.
Adams, whose approval rating has cratered to record lows, is staying off the campaign trail because his lawyers have told him to avoid sticky situations while Ho makes up his mind, another source said.
That includes skipping events like mayoral forums, with rivals looking to pounce on his still-open corruption case.
“He can’t campaign until this is gone,” the source lamented.
Adams himself changed his tune this week, after previously contending he’d hit the campaign trail soon. He told reporters that being the mayor gives him the bully pulpit and chances to connect with New Yorker every day.
“Is there a Webster definition of what being on the campaign trail is?” he sarcastically asked.
Adams faces five counts, including bribery and fraud, in an historic federal indictment unveiled in September. He pleaded not guilty to the accusations he pocketed more than $100,000 in illegal campaign contributions and travel perks from people trying to buy influence from him, including a Turkish official.
