The amicus recommends that the criminal case against Eric Adams be dismissed with prejudice.
Excerpt: “In conclusion, a court has a limited, but critical, role under Rule 48(a)—a role that can be traced to the Supreme Court’s insistence that the courts not simply rubber stamp prosecutorial dismissal motions, as at common law. In discharging that responsibility, courts can go beyond the four corners of the government’s motion, but should go no further than necessary to decide the appropriate remedy. And, here, there is no need to go beyond the publicly available materials to determine that dismissal with prejudice is the proper remedy. Whether one credits the government’s motion or the views of prosecutors who resigned rather than file that motion, there is ample reason to dismiss this prosecution with prejudice. That disposition not only advances the liberty-preserving values that animate Rule 48(a) and the constitutional separation of powers, but also eliminates the distinct appearance problems inherent in a public official serving his constituents with the ever-looming prospect of re-indictment by the executive on charges already laid bare in a public indictment.”
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