Paul Clement issued his decision in a 30-page report to U.S. District Judge Dale Ho of the Southern District of New York filed late Friday afternoon. Ho asked Clement last month to review the Justice Department’s request to dismiss the five-count criminal campaign fraud indictment; the prosecution argued that Adams’ impending trial would limit his ability to cooperate with the Trump administration in its immigration crackdown.
However, the federal government’s motion to dismiss the case against Mayor Adams “without prejudice” would give prosecutors the authority to bring the case back at any time. That concerns observers who feared that Mayor Adams would be coerced into compliance with the Trump administration for fear of the case being brought back at some point.
In his March 7 report, Clement argued that supporting the Adams defense team’s motion to dismiss Adams’ indictment “with prejudice” — effectively killing the case — is the right move for Judge Ho to make, arguing that the prosecution’s “without prejudice” caveat “creates a palpable sense that the prosecution … could be renewed, a prospect that hangs like the proverbial Sword of Damocles over the accused.”
Mayor Eric Adams leaves court on Feb. 19.Photo by Dean Moses
“Such an ongoing prospect of re-indictment is particularly problematic when it comes to the sensitive task of prosecuting public officials,” Clement wrote in his report. “There is an inherent risk that once an indictment has been procured, the prospect of re-indictment could create the appearance, if not the reality, that the actions of a public official are being driven by concerns about staying in the good graces of the federal executive, rather than the best interests of his constituents.”
Clement noted that dismissing the charges against Adams “with prejudice ” would also help preserve “another important separation-of-powers virtue—namely, accountability.”
A Feb. 12 letter from then-acting US Attorney for the Southern District of New York Danielle Sassoon to US Attorney General Pam Bondi included a claim that Adams’ attorney had requested what she called a “quid pro quo”: cooperation with the Trump administration in exchange having the indictment dismissed. Sassoon resigned the next day, along with several other federal prosecutors, who refused to carry out the Justice Department’s order to dismiss the indictment, which came from acting Deputy Attorney General Emil Bove.
Mike Neamonitis, the longtime owner of Mike’s Donut Shop at 6822 Fifth Ave. in Bay Ridge, has died, the family announced Friday in an Instagram post. His passing marks the end of an era for the beloved community business.
“A true inspiration to our family, Mike always put his loved ones first. While he was the best in the donut business, he was an even better husband, father, and grandfather,” read a post on the shop’s Instagram. “A proud Bay Ridginal, he will forever be remembered in the neighborhood he cherished.”
The shop, famous for its expertly crafted donuts and welcoming atmosphere, was founded in 1976 by Neamonitis and his wife, Christina, after they emigrated to the U.S.
“Through hard work and determination, he built not only a thriving business but also a legacy of love, resilience, and community,” the post read.
Following the announcement, an outpouring of condolences flooded the shop’s social media page.
Mike’s Donut Shop was named Best Donut in Brooklyn for five consecutive years by the Ponce Bank Best of Brooklyn competition. The shop was repeatedly recognized for its “no-frills” approach and mastery of classic donuts.
The beloved Bay Ridge institution will continue to be run by the family.
“Your letter is the first to make me tear up. I am so, so, sorry for what you and your daughter so senselessly had to endure,” Mangione wrote in the anonymous mom.