Paul Clement Recommends Dismissing the Eric Adams Charges—But With Prejudice
Paul Clement has filed his court-appointed friend-of-the-court brief in the Eric Adams case, recommending that Judge Ho dismiss the case—but with prejudice, not without prejudice. From the brief:
The government’s own recent filings reflect a belief that this prosecution was initiated in bad faith. See Dkt.122 ¶5; see also Dkts.125-1, 125-2. Other information that has become public casts doubt on that claim and suggests the decision to dismiss the indictment was undertaken in bad faith. See, e.g., Dkts.150-3, 150-8. It is almost certainly beyond the judicial ken to definitively resolve that intramural dispute among executive-branch prosecutors. It is also unnecessary. Under either view, there is little justification for preserving the possibility of re-indictment by dismissing without prejudice. While the “salient issue” for the court concerns the decision to terminate, not initiate, the prosecution, Rinaldi, 434 U.S. at 30, if political considerations improperly
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