FIRST ON FOX: The Justice Department is moving to dismiss federal charges against New York City Mayor Eric Adams, Fox News has learned. 

Acting Deputy Attorney General Emil Bove sent a letter to the acting U.S. attorney for the Southern District of New York (SDNY) on Monday instructing the SDNY to drop the federal case against Adams and dismiss it without prejudice. 

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Adams was indicted in September on charges including bribery, soliciting campaign contributions from foreign nationals, wire fraud and conspiracy. He has pleaded not guilty to all charges.

Fox News obtained the memo Bove penned to the acting U.S. attorney for the Southern District of New York titled "Dismissal Without Prejudice of Prosecution of Mayor Eric Adams." 

The memo cites President Donald Trump's executive orders combating the weaponization of law enforcement and federal immigration policy. 

"You are directed, as authorized by the Attorney General, to dismiss the pending charges in United States v. Adams…as soon as is practicable, subject to the following conditions: the defendant must agree in writing to dismissal without prejudice; the defendant must agree in writing that he is not a prevailing party under the Hyde Amendment…and the matter shall be reviewed by the confirmed U.S. Attorney in the Southern District of New York, following the November 2025 mayoral election, based on consideration of all relevant factors," Bove wrote in a memo. 

"The Justice Department has reached this conclusion without assessing the strength of the evidence or the legal theories on which the case is based, which are issues on which we defer to the U.S. Attorney’s Office at this time," Bove continued. "Moreover, as I said during our recent meetings, this directive in no way calls into question the integrity and efforts of the line prosecutors responsible for the case, or your efforts in leading those prosecutors in connection with a matter you inherited." 

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Bove added, "However, the Justice Department has determined that dismissal subject to the above-described conditions is necessary for two independent reasons." 

Bove also said that the "timing of the charges and more recent public actions by the former U.S. Attorney responsible for initiating the case have threatened the integrity of the proceedings, including by increasing prejudicial pretrial publicity that risks impacting potential witnesses and the jury pool." 

"It cannot be ignored that Mayor Adams criticized the prior Administration’s immigration policies before the charges were filed, and the former U.S. Attorney’s public actions created appearances of impropriety that implicate the concerns raised in the Attorney General’s February 5, 2025 memorandum regarding ‘Restoring the Integrity and Credibility of the Department of Justice, as well as in Executive Order 14147, entitled ‘Ending the Weaponization of the federal government,’" Bove wrote. 

"These actions and the underlying case have also improperly interfered with Mayor Adams’ campaign in the 2025 mayoral election," he added. 

Bove also said the pending prosecution has "unduly restricted Mayor Adams’ ability to devote full attention and resources to the illegal immigration and violent crime that escalated under the policies of the prior administration." 

"We are particularly concerned about the impact of the prosecution on Mayor Adams’ ability to support critical, ongoing federal efforts to ‘protect the American people from the disastrous effects of unlawful mass migration and resettlement,’" Bove wrote, pointing to an executive order signed by the president. 

"Accomplishing the immigration objectives established by President Trump and the Attorney General is every bit as important—if not more so—as the objectives that the prior Administration pursued by releasing violent criminals such as Viktor Bout, the ‘Merchant of Death,’" Bove continued. "Accordingly, based on these additional concerns that are distinct from the weaponization problems, dismissal without prejudice is also necessary at this time." 

Bove's memo comes after he and top DOJ officials recently met with lawyers representing Adams at the Justice Department. 

Adams also met with Trump at Mar-a-Lago in Florida before his inauguration last month. 

Adams suggested in December that he was charged after speaking out against the Biden administration's immigration policies. 

During a sit-down interview with Fox News' Martha MacCallum on "The Story" in December, Adams said, "I did not break the law." 

"I did nothing wrong. That is how I live my life," Adams said. "And that is how I'm going to continue to live my life." 

The move to dismiss the charges also comes after Attorney General Pam Bondi last week established the Weaponization Working Group, which will review the activities of all law enforcement agencies over the past four years to identify instances of "politicized justice."

Democratic New York City Mayor Eric Adams will have a limited public schedule this week, with his office saying that he will be undergoing medical tests. 

"Over the last few days, Mayor Adams hasn’t been feeling his best," New York City Deputy Mayor for Communications Fabien Levy said in a statement. Levy did not specify a condition or medical concern.  

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"As a result, this week, the mayor will have a number of doctors’ appointments and undergo routine medical tests," Levy continued. "While Mayor Adams will continue to communicate constantly with staff and ensure city business continues undeterred, during this time, the mayor will have a limited public schedule."

Adams’ office said that New Yorker City Hall would continue its everyday functions as Adams focuses on his health this week.

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"New Yorkers can rest assured that their local government will continue to deliver for them every day as our committed workforce at City Hall, and more than 300,000 employees at dozens of city agencies, continue to show up on the most important issues," Levy said. "Like every other New Yorker, Mayor Adams has a right to privacy when it comes to personal matters, but we will continue to communicate in the unlikely event he is unable to fully discharge his duties on any particular day."

Adams has cozied up to President Donald Trump this month, visiting West Palm Beach for a lunch meeting and then accepting Trump’s invitation to the Inauguration in Washington. Last week, the Democratic mayor agreed to work with the Trump administration on deporting migrants who commit violent crimes in New York City, earning a nod from President Trump’s own border czar Tom Homan.

Adams was indicted in Sept. 2024 for corruption and bribery charges. President Trump said Adams was treated "pretty unfairly" and that he was targeted for his tough stance on illegal immigration. Trump said he would consider a pardon for the New York City mayor.

New York City Mayor Eric Adams and President-elect Trump met in Palm Beach, Florida, Friday, three days before Trump's return to the White House.

"President Trump and I had a productive conversation about New York’s needs and what’s best for our city and how the federal government can play a more helpful role in improving the lives of New Yorkers," Adams said in a statement shared by his spokesperson, Fabien Levy.

"While we briefly touched on a number of issues, we specifically focused on the cease-fire agreement between Israel and Hamas and how it will have a positive impact on public safety in our country; how we can bring manufacturing jobs back to New York, particularly in the Bronx; and how we can continue to make federal investments in New York City, especially when it comes to infrastructure." 

The Democratic mayor, who is awaiting trial on federal corruption charges in April, said the pair didn’t discuss his legal issues in the meeting. 

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As president, Trump would have the power to pardon Adams. 

Adams faces charges he accepted luxury travel perks and illegal campaign contributions from foreign nationals in exchange for corrupt acts.

Trump, who was convicted in a New York court last year for falsifying business records, has defended Adams in the past, claiming the charges against the mayor may have been brought because he criticized President Biden over the border. 

Trump said he would consider a pardon for Adams. 

"To be clear, we did not discuss my legal case, and those who suggest the mayor of the largest city in the nation shouldn’t meet with the incoming president to discuss our cities' priorities because of inaccurate speculation or because we’re from different parties clearly care more about politics than people," Adams said.

"Like I’ve always done, I will take every opportunity possible to advocate for New Yorkers and our city. And, after our discussion, I strongly believe there is much our city and the federal government can partner on to make New York City safer, stronger and more affordable. I thank President Trump for his time and attention and look forward to working with him to benefit all New Yorkers."

Fox News Digital has reached out to Trump for comment.

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Adams had been criticized by other New York politicians for the meeting. 

"The Trump agenda is not going to help move our city or the country forward. This pilgrimage is clearly about something else," state Sen. Zellnor Myrie wrote on X this week. 

New York City Comptroller Brad Lander wrote on X that "Eric Adams should state immediately that he will not seek or accept a pardon from Donald Trump. New Yorkers deserve to know that their Mayor is putting their interests ahead of his own — and whether our tax dollars, or Turkish Airlines, will be financing his trip to Florida."

"Who is this meeting for, New Yorkers or Eric Adams? Our city has too many problems right now for us to worry about if he's fighting for New Yorkers or a hypothetical pardon for himself," Scott Stringer, the former city comptroller, posted on X. 

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Lander and Stringer are running for mayor against Adams.

After New York Mayor Eric Adams announced the planned opening of a massive, 2,000-bed migrant shelter in the South Bronx, Democratic Congressman Ritchie Torres slammed the decision, accusing Adams of treating the borough as an immigrant "dumping ground."

The mayor's office responded to Torres' accusation by pointing out that despite the new shelter being opened, they are planning to close 46 migrant shelters across the city and reduce the total shelter bed count by 10,000 by June. She noted that the Hall Street shelter in Brooklyn, one of the largest shelters being closed, housed 3,500 migrants. 

The office announced the new shelter last week while simultaneously claiming that the ongoing migrant crisis in New York City is waning. 

This comes as New York is set to close its sprawling tent shelter on Randalls Island and dozens of other shelters in the next few months. New York is a migrant sanctuary city and has a "right to shelter" law that requires the city to accommodate anyone seeking shelter who has no other option. However, in recent months, Adams has taken a different tone toward immigrants in the city and announced the closure of a string of migrant shelters. In last week's statement, Adams said the closures are part of the city’s efforts to find "more opportunities to save taxpayer money and turn the page on this unprecedented humanitarian crisis."

"Thanks to the administration’s successful asylum seeker management strategies and federal border policy changes the city advocated for that have continued to drive down the number of people in the city’s care for 27 straight weeks and reduce costs by nearly $2.8 billion over three fiscal years," the mayor's office said. 

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Meanwhile, the New York Post reported that it will cost the city between $250,000 and $340,000 to retrofit and prepare a 275,000-square-foot former office building in the Bronx to accommodate the expected thousands of men who will live in the new migrant shelter.  

The shelter’s location – 825 E. 141st St. – was renovated in 2017 and is near an infamous section of the Bronx called "the Hub," which is known for having a high volume of open drug use and activity, including the use of heroin and fentanyl. The building is owned by SoBro Local Development Corp., a nonprofit that’s stated mission is to "enhance the quality of life in the South Bronx by strengthening businesses and creating and implementing innovative economic, housing, educational, and career development programs for youth and adults."

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Adams’ announcement was not taken well by many Bronx residents. Many of the migrant shelters in the city have earned reputations as centers for violence, crime and gang activity from the likes of the international criminal group Tren de Aragua. The New York Post reported one 21-year-old Bronx resident named Serene Bilal saying: "Wrong move!… You need to work with the people already here. We have issues going on. Why the Bronx? Why pick on the Bronx?

"It’s going to be dangerous," Bilal told the outlet. "We don’t know who these people are. We are not talking about 10 people. We’re talking about thousands. That’s a lot."

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Torres, who is rumored to be considering a run for New York governor, also slammed the decision to place the new shelter in the Bronx.

"Instead of decisively dismantling open-air drug markets in the Hub, the City is treating the South Bronx as a dumping ground for an endless stream of shelters," Torres told Fox News Digital.

"The Bronx is treated differently from the rest of the city," he went on. "We are treated as the second-class borough of New York City."

Liz Garcia, a spokesperson for Adams, responded to Torres' criticisms by emphasizing that the overall number of shelters across the city and the tax burden on citizens is being significantly reduced. 

"I know that every elected official has specific people to speak to but we're really looking at it from a holistic lens," said Garcia. "The bigger picture here is we're closing 46 migrant sites, we are reducing our bed count by 10,000 beds across the city, not just the Bronx. And we're specifically closing shelters that are in oversaturated areas." 

She noted that the city's migrant shelter system was never meant to be permanent and noted the new Bronx shelter is also a temporary measure. 

In response to a question about when the Bronx shelter will close, Garcia said: "We don't have a specific timeline as to when it will close. It's a lease, so it won't be forever." 

She said that it will depend on the next migrant census taken by the city.

"For the past over six months now, we've seen a decline in our [migrant] census numbers. So if that continues, obviously there's not going to be a need for it," she said. "So, at some point it will close in the near future. It's just we still need places to put people while we have to help them take their next steps."

Michael Dorgan contributed to this report.