Important new in Eric Adams case. Judge Ho does the right thing. "To assist with its decision-making via an adversarial process, the Court exercises its inherent authority to appoint Paul Clement of Clement & Murphy PLLC as amicus curiae to present arguments on the Government's Motion to Dismiss." - ThreadSky

rgoodlaw.bsky.social • 23 hours ago

Important new in Eric Adams case. Judge Ho does the right thing.

"To assist with its decision-making via an adversarial process, the Court exercises its inherent authority to appoint Paul Clement of Clement & Murphy PLLC as amicus curiae to present arguments on the Government's Motion to Dismiss."

Comments

marcosantana.bsky.social•22 hours ago

Yes. This!

By contrast, the media seems incapable of reporting on what the judge just did accurately.

Did they graduate high school?

stevenmatheson.bsky.social•23 hours ago

So, instead of the judge having to argue vs. the motion, he's bringing in another lawyer to argue against it?

ximarie.win•23 hours ago

Yes

ximarie.win•21 hours ago

Albeit, it’s not slated as a hearing, as of now. Judge Ho tapped Paul Clement, a former U.S. solicitor general, to submit a legal brief by March 7.

blupotluv.bsky.social•22 hours ago

And of course in three, two, one, he will be branded a “radical left-wing Democrat lawyer”

johnmagolan.bsky.social•22 hours ago

Pretty much. He’s suspicious of the, uh, *alignment* between the two sides but doesn’t want to overstep his authority. For now he’s asking Clement what he’s allowed to do. If he follows that advice and eventually denies the motion I assume Clement will handle any appeals.

chasmat.bsky.social•19 hours ago

Yeah, the system is not set up for a judge to argue anything. It would be pretty improper in our system actually. So they can do this if they need to

ezaherron.bsky.social•22 hours ago

🤔😒

ezaherron.bsky.social•22 hours ago

https://en.wikipedia.org/wiki/Paul_Clement

someonenamedbrian.bsky.social•21 hours ago

Makes it more difficult to argue that his advocacy is politically motivated

ezaherron.bsky.social•21 hours ago

Unless he says “yep, all cool here.” 🤷‍♂️

someonenamedbrian.bsky.social•21 hours ago

This advocate won't, that's a quick way to have his license reviewed and the people selected for these roles are generally prestigious lawyers. How many lawyers do you know with a Wikipedia article?

chasmat.bsky.social•19 hours ago

He’s been appointed to support the other side. If he doesn’t, it’ll just be slightly embarrassing for him and the Court would appoint somebody new

someonenamedbrian.bsky.social•19 hours ago

Slightly embarrassing for the court and career ending for him

chasmat.bsky.social•19 hours ago

For Paul Clement? I doubt that very much

mobby6kl.bsky.social•22 hours ago

Many of the prosecutors were also conservative (even Federalist weirdos) but still believe in the rule of law, so I don't think he'll necessarily throw the case.

chiefjoer.bsky.social•22 hours ago

Doesn’t seem like he will go HAM. This smells like a whitewash now.

tominbmore.bsky.social•22 hours ago

Does the court have authority to deny the MTD? If so, on what ground? The govt surely can't be required to continue prosecuting a given case that it has decided, rightly or wrongly, to stop pursuing.

jientho.bsky.social•22 hours ago

IANAL but I should think the court would be able to *assign* someone (retired judge, retired prosecutor, lawyer) to act as prosecutor. They can assign defense lawyers when a defendant doesn’t have one…

mlkelly01.bsky.social•15 hours ago

The court absolutely cannot assign someone to prosecute a case because they think it should be prosecuted. A judge could refer someone to a prosecutor, but the judicial branch cannot decide to prosecute someone, as they would be the branch overseeing the prosecution.

jientho.bsky.social•14 hours ago

“A nonprofit group and three former US attorneys suggested, if necessary, the judge appoint a special prosecutor to continue the case.” — https://www.cnn.com/2025/02/18/politics/eric-adams-justice-department-hearing/index.html

mlkelly01.bsky.social•4 hours ago

A special prosecutor is not the same thing. The name is misleading but once appointed their duty is to investigate but they are not required to prosecute.

jientho.bsky.social•3 hours ago

You’re nitpicking. The point is that the case *can* be prosecuted even if the government declines to do so, by an order of *the court*. (Yes it’s up to the special prosecutor whether or not to proceed to prosecution, but the point is that they *can*.) https://en.m.wikipedia.org/wiki/Special_counsel

robarch27.bsky.social•22 hours ago

If I’m not mistaken, they’re also asking for dismissal without prejudice, which the judge can allow or deny.

lawyersaurus.bsky.social•22 hours ago

The federal rules say a case can only be dismissed with leave of court.

ximarie.win•23 hours ago

Does this mean there will be a hearing?

lessismore57.bsky.social•23 hours ago

Will there be depositions? Bove has already made many false statements.

delizad.bsky.social•22 hours ago

No depositions - those happen at a different phase of trial. (Mostly in the civil context). We're at the stage where the Govt is trying to prevent advancing to the evidentiary phase and through out the case entirely

lessismore57.bsky.social•21 hours ago

Thank you

delizad.bsky.social•22 hours ago

*throw out*

dito18.bsky.social•23 hours ago

Hell yeah

bpaige.bsky.social•23 hours ago

Oh yay!!

changecantwait.bsky.social•23 hours ago

Where are you seeing this?

shoulderdevil.bsky.social•22 hours ago

https://bsky.app/profile/nycsouthpaw.bsky.social/post/3lipequjmyc27

dagenheim.bsky.social•22 hours ago

Fuck around and hopefully find out

rgoodlaw.bsky.social•22 hours ago

2/ The six questions Judge Ho will explore with assistance of an adversarial process provided through amicus:

rgoodlaw.bsky.social•22 hours ago

3/ An elegant citation by Judge Ho in appointing Paul Clement as the amicus.

bureaucracyn0w.bsky.social•21 hours ago

What happens if Ho denies the motion to dismiss and then it's upheld? How do you force the DOJ to prosecute?

bobcoxauthor.bsky.social•21 hours ago

Perhaps not. And then the Speed Trial rule gets the charges dismissed.

ewigeliberal.bsky.social•21 hours ago

Did you agree with the ruling in Seila Law LLC v. Consumer Financial Protection Bureau? Pray tell.

greene.haus•22 hours ago

Right? Incredible specificity of support there.

theresistanceat.bsky.social•16 hours ago

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hambone717.bsky.social•22 hours ago

Fantastic. The federal courts are not obeying in advance.

patrickjk.bsky.social•19 hours ago

Paul Clement?????????? Is there a reason to believe he will go against the Trump administration?

jdpog.com•22 hours ago

I don't think I've ever had a citation so specifically on point in anything I've written. That had to be satisfying to write.

tribalecho.bsky.social•21 hours ago

capemaydave.bsky.social•22 hours ago

as I'm sure Judge Ho is well aware, if he grants the government's wish in this matter he is setting himself up to be impeached later

since he knows Adams committed crimes

well played by him

cc @emptywheel.bsky.social

https://www.emptywheel.net/2025/02/21/judge-dale-hos-messy-dockets/

mistykitty3.bsky.social•21 hours ago

Isn't the NYC mayoral primary in June, a mere 3 months away?

startre.bsky.social•22 hours ago

Ehi Ryan, did you read this breaking news?
🚨🚨🚨🚨🚨🚨

https://www.thedailybeast.com/former-intelligence-officer-alnur-mussayev-claims-kgb-recruited-donald-trump-under-codename-krasnov/

renaroasts.bsky.social•20 hours ago

Deleted

bklynsoutham.bsky.social•18 hours ago

Yes, the Krasnov story returns a 404 on U.S.-based media sites (Daily Beast, Yahoo News, MSN, etc.)
But British media hasn't taken it down... yet.
https://www.dailyrecord.co.uk/news/uk-world-news/donald-trump-recruited-kgb-codename-34727486

startre.bsky.social•18 hours ago

Thank you RicK! Also, I found the right link
someone has archived the article elsewhere
https://web.archive.org/web/20250221155926/https://www.thedailybeast.com/former-intelligence-officer-alnur-mussayev-claims-kgb-recruited-donald-trump-under-codename-krasnov/

startre.bsky.social•19 hours ago

https://web.archive.org/web/20250221155926/https://www.thedailybeast.com/former-intelligence-officer-alnur-mussayev-claims-kgb-recruited-donald-trump-under-codename-krasnov/ it's here again...if you are interested

startre.bsky.social•20 hours ago

You are right is deleted 🤔

startre.bsky.social•20 hours ago

boocow16.bsky.social•20 hours ago

This what happened and we knew this and the media ignored it

startre.bsky.social•20 hours ago

No, it’s not deleted. I don’t know what is the problem.
The article is still there on the daily beast website
Here some screenshots

dodyreno.bsky.social•21 hours ago

FINALLY, it’s great to see a judge using his judicial power on this. Buckle up, buttercups!

tradingsmiles.bsky.social•19 hours ago

https://bsky.app/profile/tradingsmiles.bsky.social/post/3lipefxhzas2m

https://www.homecoming259.org

artsvandelay.bsky.social•22 hours ago

So to be clear, the 2nd circuit rule is that if both parties agree on a motion to dismiss then Paul Clement specifically argues the other side?

philip-mach.bsky.social•21 hours ago

More https://edition.cnn.com/2025/02/21/politics/eric-adams-charges-ruling/index.html

sybilltrelawney.bsky.social•21 hours ago

CNN he didn’t “vacate” the trial, he adjourned it without a new date.

cr8hope.bsky.social•17 hours ago

I kinda dig him using some delay tactics

bobbysunshine.bsky.social•18 hours ago

Thank you!

misternov3mber.bsky.social•20 hours ago

Presumably this potentially provides a route for Clement to introduce fact affidavits from Sassoon & other relevant ex-SDNY/DOJ staff regarding the events cited in Sassoon's correspondence with Bondi re: Bove's corrupt behavior?

chasmat.bsky.social•19 hours ago

I’ve never heard of an amicus submitting evidence. Partly that would be that amici are pretty rare in a trial court to begin with, but not sure if it’s theoretically allowed. My guess is no

misternov3mber.bsky.social•18 hours ago

This seems pretty sui generis though given that the amici is essentially standing in for an adversarial party, so submission of factual evidence makes a degree of common sense. Either way, I would hope Sassoon & the other ex-DOJ'ers would be reaching out to Clement.

misternov3mber.bsky.social•18 hours ago

I suppose there may also be ethical considerations at play here for a former government attorney considering making representations to a court in a pseudo-adversarial role against the USG on matters they were just working on. Of course, they are essentially fact witnesses to crimes here though...

rnwarrior.bsky.social•23 hours ago

YES!

seanale.bsky.social•23 hours ago

He's a good lawyer but always works for the bad guys.

theblatt.bsky.social•23 hours ago

Indeed. https://bsky.app/profile/theblatt.bsky.social/post/3liacp7dldc2m

chiefjoer.bsky.social•18 hours ago

It’s all a farce. Bring in a GOP hatchet man so it looks impartial? Complete whitewash. Ho is a coward.

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