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    Read the Justice Department’s filing in the Adams case.

    Case 1:24-cr-00556-DEH Document 175-1 Filed 03/25/25
    Page 10 of 15
    the motion is uncontested, the court should ordinarily presume that the prosecutor is acting in good
    faith and dismiss the indictment without prejudice”). But Adams’s consent-which was
    negotiated without my Office’s awareness or participation-would not guarantee a successful
    motion, given the basic flaws in the Department’s rationales. See Nederlandsche Combinatie, 428
    F. Supp. at 117 (declining to “rubber stamp” dismissal because although defendant did not appear
    to object, “the court is vested with the responsibility of protecting the interests of the public on
    whose behalf the criminal action is brought”).
    The Government “may, with leave of court, dismiss an indictment” under Rule 48(a) of the
    Federal Rules of Criminal Procedure. “The principal object of the ‘leave of court’ requirement is
    apparently to protect a defendant against prosecutorial harassment, e.g., charging, dismissing, and
    recharging, when the Government moves to dismiss an indictment over the defendant’s objection.”
    Rinaldi v. United States, 434 U.S. 22, 30 n.15 (1977). “But the Rule has also been held to permit
    the court to deny a Government dismissal motion to which the defendant has consented if the
    motion is prompted by considerations clearly contrary to the public interest.” Id.; see also JM 9-
    2.050 (reflecting Department’s position that a “court may decline leave to dismiss if the manifest
    public interest requires it).
    “Rarely will the judiciary overrule the Executive Branch’s exercise of these prosecutorial
    decisions.” Blaszczak, 56 F.4th at 238. But courts, including the Second Circuit, will nonetheless
    inquire as to whether dismissal would be clearly contrary to the public interest. See, e.g., id. at
    238-42 (extended discussion of contrary to public interest standard and cases applying it); see also
    JM 9-2.050 (requiring “a written motion for leave to dismiss. . . explaining fully the reason for
    the request” to dismiss for cases of public interest as well as for cases involving bribery). Although
    it appears rare, at least one court in our district has rejected a dismissal under Rule 48(a) as contrary
    to the public interest, regardless of the defendant’s consent. See Nederlandsche Combinatie, 428
    F. Supp. At 116-17 (“After reviewing the entire record, the court has determined that a dismissal
    of the indictment against Mr. Massaut is not in the public interest. Therefore, the government’s
    motion to dismiss as to Mr. Massaut must be and is denied.”).
    The cases show some inconsistency concerning what courts should do if they find the
    standard for dismissal without prejudice not met. Some have instead dismissed indictments with
    prejudice. See, e.g., United States v. Madzarac, 678 F. Supp. 3d 43 (D.D.C. 2023). The better-
    reasoned view, however, is that courts considering a Rule 48(a) motion to dismiss without
    prejudice must either grant or deny the motion as made-they cannot grant the dismissal, but do
    so with prejudice, unless the Government consents. See United States v. B.G.G., 53 F.4th 1353,
    1369 (11th Cir. 2022) (“[R]ule 48(a) does not give the district court the discretion to rewrite the
    government’s dismissal motion from one without prejudice to one with prejudice.”); United States
    v. Flotron, 17 Cr. 00220 (JAM), 2018 WL 940554, at *5 (D. Conn. Feb. 19, 2018) (denying
    Government’s motion to dismiss without prejudice as contrary to public interest and requiring
    Government to proceed to trial); see also In re United States, 345 F.3d 450, 453 (7th Cir. 2003)
    (suggesting that courts might condition grant of Rule 48(a) motion on Government’s consent that
    prejudice attach).
    The assigned District Judge, the Honorable Dale E. Ho, appears likely to conduct a
    searching inquiry in this case. Although Judge Ho is a recent appointee with little judicial track
    record, he has resolved the motions in this case in lengthy written opinions that included research
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    Adams’s Associates Under Federal Investigation Over Ties to China

    The Justice Department is pushing to drop corruption charges against Eric Adams in Manhattan while federal authorities in Brooklyn have been investigating his top fund-raisers.The Trump administration appears likely to succeed in having federal corruption charges dropped against Mayor Eric Adams in Manhattan.But in Brooklyn, a separate group of prosecutors has been conducting a long-running investigation involving Mr. Adams’s most prominent fund-raiser — and at one point searched her homes and office for evidence of a possible Chinese government scheme to influence Mr. Adams’s election, according to a copy of a search warrant, portions of which were read to The New York Times.Mr. Adams has known the fund-raiser, Winnie Greco, for more than a decade, and he appointed her to be his Asian affairs adviser after he became mayor in 2022. She has been a close collaborator with people and groups linked to the Chinese government over the years, and she has showed a willingness to steer politicians toward pro-Beijing narratives, The Times reported in October.The searches of her homes in the Bronx and office in Queens occurred early last year and were overseen by prosecutors from the U.S. attorney’s office for the Eastern District of New York. The agents conducting the searches were also seeking evidence of solicitation of illegal contributions from foreign nationals, wire fraud and conspiracy, the warrant said.On the day Ms. Greco’s homes were searched, and as part of the same investigation, agents also searched the mansion of another prominent fund-raiser for the Adams campaign, Lian Wu Shao, on Long Island, according to two people with knowledge of the matter. The search of Mr. Shao’s home has not been previously reported.A wealthy Chinese businessman, Mr. Shao is the operator of the New World Mall in Flushing, Queens, which housed Ms. Greco’s office. Records show that hundreds of donors associated with his companies boosted Mr. Adams’s 2021 campaign.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Mayor Adams’s Biggest Backer in the State Capitol Endorses Cuomo

    Rodneyse Bichotte Hermelyn, chairwoman of the Brooklyn Democratic Party, had been one of the mayor’s staunchest supporters.An assemblywoman who leads the Brooklyn Democratic Party and who has been a key backer of Mayor Eric Adams endorsed his main rival in the upcoming mayoral election, former Gov. Andrew M. Cuomo, on Sunday.The decision by the assemblywoman, Rodneyse Bichotte Hermelyn, is one of the clearest signs yet that the winning coalition Mr. Adams built in 2021 has been completely fractured. She is not only endorsing Mr. Cuomo but will serve as his senior political adviser, an honorary role.Ms. Bichotte Hermelyn stood by the mayor when he was indicted on five federal corruption counts last year, and she remained at his side when he was accused more recently of entering into a quid pro quo with the Trump administration to secure the dismissal of those charges.But the fallout from that accusation, as well as record-low poll numbers and several serious challengers in the Democratic primary, has made Mr. Adams’s path to a second term rockier by the day.“The governor has the experience and the record to hit the ground running and provide the leadership and the steady hand that we need,” Ms. Bichotte Hermelyn said in an interview.Brooklyn has always been crucial for Mr. Adams, given his reliance on Black voters. He served as a state senator and borough president there before becoming mayor. Ms. Bichotte Hermelyn’s endorsement is likely to bring additional supporters to Mr. Cuomo’s side.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A 150-Mile Commute Complicates 3 New York City Mayoral Campaigns

    Zohran Mamdani, Zellnor Myrie and Jessica Ramos are ping-ponging between New York City and Albany as they divide their time between legislating and campaigning.From left, Zellnor Myrie, Zohran Mamdani and Jessica Ramos, all of whom are running for New York City mayor while juggling their responsibilities in Albany.Hiroko Masuike/The New York TimesAs a forum for New York City’s mayoral candidates kicked off last month, a seat onstage remained empty.The vacant chair was not a passive-aggressive protest against the incumbent, Mayor Eric Adams, who at the last minute skipped the event, citing his defense lawyer’s advice.It was meant for another candidate, State Senator Jessica Ramos, who was late. A budget hearing in Albany had run long, and the train back to Manhattan was slow. About 45 minutes into the forum, which was sponsored by a powerful union, she sat down beside her fellow candidates. A lingering cold and a desire to see her children only added to her stress.But she had been needed in Albany, too.“When you have budget hearings, and you know how important this budget is to your district, you can’t miss that,” Ms. Ramos, who represents several neighborhoods in Queens, said in an interview.It is rare for state lawmakers to run for New York City mayor. But this year, the crowded field of candidates in the Democratic primary includes three: Ms. Ramos, State Senator Zellnor Myrie of Brooklyn and State Assemblyman Zohran Mamdani of Queens.The roughly 150-mile commute to the State Capitol can be a slog for any downstate member, and complaints about delayed trains, shifting schedules and competing priorities are common. Adding a high-stakes mayoral campaign to that workload compounds the challenge.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Administration Opens Investigation Into Shelters in New York

    The Department of Justice has opened a criminal investigation into the funding and management of New York City hotels operating as shelters for migrants, according to a copy of a federal subpoena sent to a Manhattan hotel.Federal prosecutors sent a subpoena to the Hotel Chandler in Midtown on Wednesday, requesting information related to the migrant shelter program and “a list of full names of aliens currently residing at Hotel Chandler,” including nationality, dates of birth and identification numbers.The subpoena requested testimony and evidence from the hotel related to “an alleged violation” of federal immigration law. It asked the hotel for the names of entities and individuals responsible for the “funding and management of the illegal immigrant/migrant shelter program,” as well as any contracts or agreements related to it.It was unclear why prosecutors sent a subpoena to the Chandler, a hotel on East 31st Street that was converted into a homeless shelter years ago but does not operate as a shelter for migrants.The investigation appears focused at least in part on the management and funding of hotels acting as shelters, but its full scope was unclear as of Wednesday, as was whether other hotels had received subpoenas.The grand jury subpoena was issued by the office of the U.S. attorney for the Southern District of New York. A spokesman for the office, Nicholas Biase, referred questions to the Department of Justice in Washington. A spokesman there declined to comment on what he said was “an ongoing criminal investigation,” adding that he could not discuss the scope or contours of the inquiry.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    New Yorkers Protest as White House Defends Arrest of Mahmoud Khalil at Columbia

    Hundreds of demonstrators marched downtown while a spokeswoman for President Trump said the president had the authority to detain Mahmoud Khalil.As hundreds of demonstrators made their way through Lower Manhattan on Tuesday to protest the detention of a prominent pro-Palestinian activist at Columbia University, the White House defended the arrest and rebuked the school for what it called lack of cooperation.The activist, Mahmoud Khalil, was a leader of student protests on Columbia’s campus and often served as a negotiator and spokesman. Mr. Khalil, 30, who is Palestinian and was born and raised in Syria, is a legal permanent resident of the United States and is married to an American citizen.He was arrested on Saturday and transferred to detention in Louisiana.A spokeswoman for President Trump, Karoline Leavitt, told reporters on Tuesday that the government had the authority to revoke Mr. Khalil’s green card under the Immigration and Nationality Act.“This is an individual who organized group protests that not only disrupted college campus classes and harassed Jewish American students and made them feel unsafe on their own college campus, but also distributed pro-Hamas propaganda fliers with the logo of Hamas,” she said.Her remarks came a day after Mr. Trump vowed that the apprehension of Mr. Khalil was “the first arrest of many to come.”Some free speech groups and civil rights activists have questioned the legality of Mr. Khalil’s detention, which his lawyers have challenged in court. On Tuesday, some New York Democrats expressed concern about the arrest. But Mayor Eric Adams shrugged off questions about it at a City Hall news conference, saying that the federal government, not the city, had authority over the matter.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    2 Democrats Begin Investigation of Move to Drop Adams Charges

    In a letter to Attorney General Pam Bondi, the lawmakers, Jamie Raskin of Maryland and Jasmine Crockett of Texas, accused the Justice Department of a coverup.Two top Democrats on the House Judiciary Committee have begun an investigation into the Justice Department’s request to drop federal criminal charges against Mayor Eric Adams of New York.They accused the department of covering up a quid pro quo agreement between the Trump administration and the mayor.In a letter on Sunday to Attorney General Pam Bondi, the lawmakers, Jamie Raskin of Maryland and Jasmine Crockett of Texas, cited an account provided by Danielle Sassoon, who resigned as the top federal prosecutor in Manhattan over the department’s request. They said her resignation letter indicated that the administration may have agreed to “a blatant and illegal quid pro quo” with Mr. Adams: It would seek to have the case dropped, and Mr. Adams would assist in carrying out the administration’s immigration policy.“Not only did the Department of Justice attempt to pressure career prosecutors into carrying out this illegal quid pro quo; it appears that Acting Deputy Attorney General Emil Bove was personally engaged in a cover-up by destroying evidence and retaliating against career prosecutors who refused to follow his illegal and unethical orders,” the lawmakers wrote in their letter.They added, “We write to demand that you immediately put an end to the cover-up and retaliation and provide documents and information about these disturbing accounts to Congress.”Ms. Sassoon was one of seven federal prosecutors who resigned over the department’s move to drop the corruption charges against Mr. Adams. A federal judge delayed a ruling on the request last month.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Has the Same Idea in Mind for Ukraine and the Department of Justice

    I grew up a Reagan Republican in the middle of the Cold War, and I never thought I’d see the day when the president of the United States became the world’s most prominent and effective Russian propagandist.Yet that’s exactly what happened last week, when President Trump began a diplomatic offensive against the nation of Ukraine and the person of President Volodymyr Zelensky.This month, the administration couldn’t seem to get its message straight. First it seemed to want to offer unilateral concessions to the Russian government — including by taking NATO membership for Ukraine off the table and recognizing Russia’s territorial gains in Ukraine — only to walk back the concessions days (or hours) later.The cumulative effect was confusing. What was the administration’s position on Ukraine? Last week, however, the words and actions of the administration left us with no doubt — the United States is taking Russia’s side in the conflict.What other conclusion should we draw when Marco Rubio, the secretary of state, begins peace negotiations with Russia without Ukraine or any of our NATO allies at the table, dangling “historic economic and investment opportunities” for Russia if the conflict ends?What other conclusion should we draw when Trump demands ruinous economic concessions from Ukraine to compensate America for its prior aid? He’s demanding a higher share of gross domestic product from Ukraine than the victorious Allies demanded from Germany after World War I.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More