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    Emil Bove, Top Justice Dept. Official, Is Considered for Circuit Court Nomination

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    Emil Bove III has emerged as a top contender to fill a vacancy on the appeals court covering Pennsylvania, New Jersey and Delaware, people familiar with the matter said.President Trump is considering nominating Emil Bove III, a top Justice Department official responsible for enacting his immigration agenda and ordering the purge of career prosecutors, to be a federal appeals judge, according to people familiar with the matter.Mr. Bove, 44, is a former criminal defense lawyer for Mr. Trump and a longtime federal prosecutor in New York. He was the Justice Department official at the center of the Trump administration’s request earlier this year to dismiss a corruption case against the mayor of New York, Eric Adams.One of the department’s most formidable and feared political appointees in the second Trump administration, he has emerged as a top contender to fill a vacancy on the U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey and Delaware, those people said.There are two vacancies on the court — one based in New Jersey and one in Delaware. It is not clear which seat Mr. Bove is under consideration for. He has a property in Pennsylvania, and some conservatives have called for moving the Delaware-based seat to Pennsylvania.The people familiar with the matter spoke on condition of anonymity to discuss a sensitive internal matter that has not yet been publicly announced. They cautioned that the timing remains unclear, and the intentions could still shift.If Mr. Bove is nominated for the post, Democrats are all but certain to use his Senate confirmation process to scrutinize his role in some of the Justice Department’s most contentious actions since Mr. Trump took office.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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      Read the Justice Department’s filing in the Adams case.

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      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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      Judge Dale Ho Faces Demands to Continue Eric Adams’s Prosecution

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      As Judge Dale E. Ho considers the Justice Department’s request to stop the corruption case against New York’s mayor, former U.S. attorneys are asking him to investigate.Judge Dale E. Ho, who is overseeing the foundering corruption case against Mayor Eric Adams of New York City, is facing a storm of demands that he look deeply into the federal government’s reasons for seeking to drop the prosecution.On Monday night, three former U.S. attorneys from New York, New Jersey and Connecticut filed a brief asking the judge to conduct an extensive inquiry into whether the Justice Department’s motion to dismiss the Adams case was in the public interest or merely a pretext for securing the mayor’s cooperation with the administration’s anti-immigration policies.Earlier Monday, Common Cause, the good-government advocacy group, filed a letter with the judge asking that he deny the Justice Department’s motion to dismiss the Adams case, which the group called part of a “corrupt quid pro quo bargain.” The organization also asked the judge to consider appointing an independent special prosecutor to continue the case in court.And the New York City Bar Association, which has more than 20,000 lawyers as members, said Monday that the order by a top Justice Department official, Emil Bove III, to Danielle R. Sassoon, who was the interim U.S. attorney in Manhattan, to dismiss the case “cuts to the heart of the rule of law.” The organization called for a “searching inquiry” into facts of what happened.The legal and political crisis encompasses both New York’s City Hall and the U.S. Department of Justice, calling into question Mr. Adams’s future as well as the independence and probity of federal prosecutions.Mr. Adams was indicted last year on five counts, including bribery, fraud and soliciting illegal foreign campaign donations. He pleaded not guilty and was scheduled for trial in April. But last week, Mr. Bove caused a cascade of resignations — including Ms. Sassoon’s — as prosecutors in Manhattan and Washington refused to comply with his order. On Friday, Mr. Bove himself signed a formal request that Judge Ho will now consider.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’s Legal Shakedowns Won’t End With the Adams Case

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      Every occupying force knows the tactic: If you want to cow a large population, pick one of its most respected citizens and demand he debase himself and pledge fealty. If he refuses, execute him and move on to the next one. This is how the Trump Justice Department thinks it will bring U.S. attorneys’ offices around the country under its control, starting last week with the Southern District of New York. Firing or demanding the resignation of a previous administration’s top prosecutors has become standard. After all, elections matter, and a new president should be free to set new priorities.But the Trump Justice Department’s twisted loyalty game is something new, dangerous and self-defeating. And this round probably won’t be the last.In instructing the Southern District to drop the case against Mayor Eric Adams of New York, Emil Bove III, the acting deputy attorney general, found a useful loyalty test. In his letter to Danielle Sassoon, the interim Southern District U.S. attorney, Mr. Bove gave two transparently inappropriate reasons: a baseless claim that the prosecution was politicized, which her powerful resignation letter demolished, and a barely concealed suggestion that a dismissal would provide leverage over Mr. Adams and ensure his cooperation in the administration’s efforts to deport undocumented immigrants. As Hagan Scotten, who led the Adams prosecution and has also resigned, nicely put it, “No system of ordered liberty can allow the government to use the carrot of dismissing charges, or the stick of threatening to bring them again, to induce an elected official to support its policy objectives.”When Ms. Sassoon, to her considerable credit, refused to debase herself and her office by proceeding on these rationales, Mr. Bove moved on to lawyers in Washington. Each resigned, until finally he found officials who would join him in signing.I don’t know why the Southern District was the first office in Mr. Bove’s cross hairs. Perhaps Mr. Adams’s lawyers, with connections to President Trump and Elon Musk, were first in a line of cronies seeking sweet deals for their clients. Perhaps Mr. Adams’s pilgrimage to Mar-a-Lago gave his case priority. Perhaps Mr. Bove has demanded similar demonstrations of loyalty from other offices, which quietly caved. Or perhaps Mr. Bove, an alumnus of the Southern District, thought its reputation for independence required it to be the first brought to heel.At the nation’s founding, the Southern District quickly assumed importance because the New York Customs House was the source of a large chunk of the government’s revenue. Its present culture was established when President Theodore Roosevelt recruited an elite New York lawyer, Henry Stimson, later a secretary of war and secretary of state, to go after abusive monopolies. Merit, not the usual patronage concerns, drove Mr. Stimson’s recruitment of young lawyers, including Felix Frankfurter and Emory Buckner, who would become an esteemed leader of the office.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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      Opinion Today: Decoding the Chaos of Trump’s America

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      Where America Stands: Donald Trump’s reckless and illegal campaign to remake the government crossed more lines in Week 4, but we’re seeing the emergence of heroes and fresh demonstrations of courage.What Times Opinion Is Doing: “The actions of this presidency need to be tracked,” our editorial board wrote last weekend, as Trump tries to overwhelm people so he can blaze ahead unchecked. We are sorting through the chaos by identifying what matters most in columns, guest essays and podcasts, and we are rolling out ways to track Trump’s moves and the good work of others. Today’s newsletter is one way — looking at where Americans can’t afford to turn away from.Trump Abhors Independent Voices, Part I: Danielle Sassoon and Hagan Scotten are new names to many of us, and they are among the heroes of the Southern District of New York for standing up to Trump’s Department of Justice and its farcical orders to dismiss the Eric Adams case. Read The Times’s annotations of Sassoon’s letter to Attorney General Pam Bondi for insight into what courage and duty look like, and Justice’s Emil Bove’s letter of reply for the plain purpose of this administration: Crush anyone, even appointees and friends, who stakes out independence from Trump.Worth reading: Two deeper articles about Bove in The Times and The Wall Street Journal.Trump Abhors Independent Voices, Part II: The administration is trying to redefine free speech into state-permitted speech, with the Federal Communications Commission going after NPR, CBS and now NBC-owned Comcast, and the Trump White House penalizing The Associated Press for not using the president’s new name for the Gulf of Mexico. Keep an eye on this: Trump has long labeled facts as “misinformation,” but now he’s escalating a crackdown on disfavored speech. What happens when he renames the Panama Canal “the American Canal”?A Notorious Science Denialist Takes Power: Robert F. Kennedy Jr. was confirmed Thursday as health and human services secretary — a dark day for the Senate, where many Republican members would have voted against Kennedy on a secret ballot. America will need watchdogs and whistle-blowers to protect public health from Kennedy.Worth reading: A Post examination of Kennedy’s public statements.A Terrible Message for Europe and Ukraine: Trump started negotiations on ending the war in Ukraine — with Vladimir Putin, and initially without Ukraine — at the same time Defense Secretary Pete Hegseth told Europe that the United States is no longer the guarantor of European security. So Putin can take any part of Europe he wants (except maybe Greenland)?Musk in the Oval: While he wasn’t quite behind the Resolute Desk, Elon Musk held forth in the Oval next to Trump, whose moments of assent made clear for anyone who wondered if Musk was at the wheel. “The fraudsters complain the loudest,” Musk said of the brave people standing up to illegal efforts to disband agencies and cut off grants and funds authorized by Congress.Worth reading: Three closer looks at Musk from my colleagues David Brooks and Tressie McMillan Cottom (or watch her TikTok) and from The Post.Heroes in the Land: And I’d like to end with a few more heroes to read about: Brian Driscoll at the F.B.I.; Chrystia Freeland, former deputy prime minister of Canada; and the federal judge John McConnell and other judges who have issued temporary restraining orders against Trump actions. Some of these folks are heroes simply for doing their duty — a great American value that is no small thing in Trump’s America.With contributions from M. Gessen, Binyamin Appelbaum, Mara Gay, Michelle Cottle and Serge Schmemann of Times Opinion.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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      How the Justice Dept. Helped Sink Its Own Case Against Eric Adams

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      President Trump had just taken office when lawyers for Mayor Eric Adams of New York went to the White House with an extraordinary request: They formally asked in a letter that the new president pardon the mayor in a federal corruption case that had yet to go to trial.Just a week later, one of Mr. Trump’s top political appointees at the Justice Department called Mr. Adams’s lawyer, saying he wanted to talk about potentially dismissing the case.What followed was a rapid series of exchanges between the lawyers and Mr. Trump’s administration that exploded this week into a confrontation between top Justice Department officials in Washington and New York prosecutors.On Monday, the acting No. 2 official at the Justice Department sent a memo ordering prosecutors to dismiss the charges against the mayor. By Thursday, the acting U.S. attorney in Manhattan, Danielle Sassoon, had resigned in protest over what she described as a quid pro quo between the Trump administration and the mayor of New York City. Five officials overseeing the Justice Department’s public integrity unit in Washington stepped down soon after.The conflagration originated in the back-and-forth between Mr. Adams’s lawyers, Alex Spiro and William A. Burck, and the Justice Department official, Emil Bove III, exchanges which have not been previously reported.The series of events — in which the acting No. 2 official at the Justice Department seemed to guide criminal defense lawyers toward a rationale for dropping charges against a high-profile client — represents an extraordinary shattering of norms for an agency charged with enforcing the laws of the United States.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