On February 14, 2025, the Government requested to dismiss charges against defendant Eric Adams without prejudice, seeking the Court’s approval under Rule 48(a) of the Federal Rules of Criminal Procedure. This rule allows the government to terminate a prosecution with judicial consent, emphasizing a balance between the Executive and Judicial branches. The Second Circuit asserts that while the government holds discretion in prosecuting cases, court oversight ensures that dismissals align with public interest. The Court must evaluate the government’s motion, which carries a presumption of good faith but is not automatically decisive.
Case 1:24-cr-00556-DEH Document 129 Filed 02/18/25
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ERIC ADAMS,
V.
Defendant.
Page 1 of 2
24 Cr. 556 (DEH)
ORDER
DALE E. HO, United States District Judge:
On February 14, 2025, the Government submitted a “motion seeking dismissal without
prejudice of the charges in this case, with the Court’s permission, as per Rule 48(a) of the
Federal Rules of Criminal Procedure.” ECF No. 122 at 1. This Rule states that “[t]he
government may, with the court’s permission, dismiss an indictment, information, or complaint.” Fed. R.
Crim. P. 48(a). As noted by the Second Circuit,
Rule [48(a)] was not designed to transfer absolute authority from the Executive to
the Judicial Branch. Instead, it serves as a means to restrain power. The
Executive is the sole authority on whether prosecution should start and is also the first and presumptively the best authority on whether a pending prosecution
should conclude. The discretionary powers regarding the cessation of ongoing prosecutions should not be judged by the courts unless such actions are clearly against
the manifest public interest. This framework enables a synchronization of the essential roles of each branch, promoting a balance that upholds both practical and constitutional
principles.
United States v. Blaszczak, 56 F.4th 230, 240 (2d Cir. 2022) (citing United States v. Smith, 55
F.3d 157, 158-59 (4th Cir. 1995)). The decision of the government to withdraw a prosecution is
“entitled to significant consideration” and carries a “presumption [of] good faith[,] … however, this is not definitive
for the Court; otherwise, Rule 48(a) would serve no function, which mandates court approval for
the dismissal.” United States v. Greater Blouse, Skirt & Neckwear Contractors
Ass’n, 228 F. Supp. 483, 486 (S.D.N.Y. 1964) (Weinfeld, J.). Thus, “[w]hile there can be no
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