One month ago, I last saw attorney Emil Bove representing then-President-elect Donald Trump at his New York state court sentencing in early January. Fast forward to Wednesday, and Bove had taken on a whole new role—now acting as Deputy Attorney General. But despite the title change, it was clear as day that Bove remained Trump’s lawyer at heart.
This time, Bove found himself in the federal courthouse, down the street from where he last stood, arguing before a federal judge that the Department of Justice should be permitted to drop its prosecution of New York City Mayor Eric Adams. The scene was intense, with Bove teaming up with Adams' defense attorney, Alex Spiro, in a high-stakes battle to bring the case to a swift close before its scheduled trial in April. Their strategy? Blocking any procedural hurdles that could prolong the case, preventing the judge from probing too deeply into the circumstances surrounding the dismissal, and shielding the Trump DOJ's motion from further scrutiny.
A Show of Legal Muscle
Bove and Spiro put on a show of calculated intimidation, each move designed to pressure the court into shutting the case down as quickly as possible. Their efforts weren’t just about defending Adams—they were also about protecting the optics surrounding Trump’s Justice Department. The courtroom tension was palpable as they worked to stonewall any attempt to keep the case alive.
Presiding over the hearing was U.S. District Judge Dale Ho of the Southern District of New York. Ho made no immediate ruling, only noting at the conclusion of the session that his discretion to proceed was limited. However, he hadn't yet decided whether to delve further into the DOJ’s decision to dismiss the case or to appoint an amicus to oppose Adams and the government.
DOJ in Crisis Mode?
Adding to the intrigue was the fact that the acting top Manhattan federal prosecutor had resigned over Bove’s decision to drop the case, citing concerns about a potential “quid pro quo.” The accusation? That the DOJ had agreed to temporarily abandon the case in exchange for Adams' cooperation with Trump’s federal policies, including Immigration and Customs Enforcement activities in the city. The optics were concerning, and Bove and Spiro worked overtime to ensure that the case was buried as fast as possible.
Meanwhile, Todd Blanche, Bove’s former law partner and a fellow Trump defense attorney, sat quietly in the first row of the packed courtroom. Blanche was awaiting Senate confirmation to officially step into the role of Deputy Attorney General. Notably, Bove sat alone at the prosecution table, as two career DOJ employees who had previously entered appearances in the case were conspicuously absent. The message was clear: this was a high-level operation, orchestrated from the top down.
The Arguments and Legal Maneuvering
Judge Ho pressed Bove on his justification for dismissing the case. Among the key points raised was the claim that prosecuting Adams would interfere with his ability to assist federal law enforcement and prepare for the upcoming New York City mayoral election. Bove doubled down, arguing that the prosecution had been abusive and beyond the court's authority to review.
Interestingly, Bove revealed that the DOJ was conducting "a couple of ongoing investigations" into the "actual purpose of the prosecution." This statement seemed intended to signal that the government was handling the matter internally, attempting to quash any justification for further judicial oversight.
At one particularly heated moment, Ho challenged Bove on his assertion that prosecuting Adams would hinder his mayoral duties.
“The fact that Mayor Adams is sitting to my left has that effect,” Bove retorted. “The pendency of this motion has that effect.”
The argument was a dramatic departure from decades of DOJ practice. The idea that an elected official’s responsibilities or campaign efforts could be used as grounds to avoid prosecution raised eyebrows. When Ho pressed Bove for legal precedent, Bove admitted there were none. Instead, he cited the Biden administration’s decision to drop charges against Russian arms smuggler Viktor Bout as part of a prisoner exchange—an eyebrow-raising comparison, to say the least.
A Case of Executive Power?
Ho continued probing, questioning another of Bove’s justifications for dismissing the case: Adams’ loss of security clearance after his indictment.
Bove’s response? Trump’s executive power gave him the authority to reinstate security clearances at will—even for an indicted Adams. And just when it seemed like the arguments couldn’t get more dramatic, Bove threw in another reason: Adams couldn’t communicate with DOJ officials while facing charges, which, according to Bove, posed a national security risk.
He even went so far as to reference “terroristic threats” to bolster his claims.
The underlying implication was striking—Trump as the sovereign decision-maker, with Adams as his operative. Bove insisted that Adams’ inability to speak with the DOJ impacted “national security objectives that are a core Article II power of President Trump.”
Spiro’s Minimalist Defense
Spiro, Adams’ defense attorney, took a less aggressive approach, speaking sparingly during the hearing. When Judge Ho inquired about how the motion might affect the timing of the case under the Speedy Trial Act, Spiro brushed it off, remarking that he hadn’t “given it much thought.”
He then made a bold declaration: “No appellate court in this country has ever upheld a district court’s denial of a motion to dismiss.”
The Documents and the Road Ahead
Judge Ho had access to internal DOJ communications regarding the case dismissal, thanks to filings from amicus curiae. One notable document was a resignation letter from acting Manhattan U.S. Attorney Danielle Sassoon, directed at Attorney General Pam Bondi. Bove had responded with a lengthy defense of his actions. However, whether Ho will consider these documents in his final decision remains uncertain, as both Bove and Spiro urged him to disregard them.
In a rare moment, Ho turned his attention to Adams directly, asking him whether any coercion had influenced his decision to take the deal offered by Bove. Adams denied any threats or inducements, affirming that his cooperation was voluntary.
Then, in a lighthearted but telling exchange, Ho reminded Adams that he was free to confer with his attorney at any time.
Adams chuckled and responded, “I appreciate that because I failed my law class.”
What’s Next?
With no ruling issued yet, the legal drama surrounding this case continues to unfold. Whether Judge Ho will scrutinize the DOJ's motives further or allow the case to be dismissed remains an open question. One thing is certain, though: Bove, Spiro, and the entire Trump-aligned legal team are pushing hard to close the book on this prosecution—and the battle is far from over.
Login