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Read Judge Dale Ho’s Ruling in the Eric Adams Corruption Case

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Read Judge Dale Ho’s Ruling in the Eric Adams Corruption Case

Case 1:24-cr-00556-DEH Document 177 Filed 04/02/25
Page 40 of 78
of the leave-of-court requirement in Rule 48(a) is to enable a court to inquire into whether the
dismissal should be with prejudice”).
The Second Circuit has thus far declined to “rule out discretionary dismissals with
prejudice” in similar contexts. Hilbert v. Dooling, 476 F.2d 355, 361 (2d Cir. 1973); see also id.
at 363 (Friendly, C.J., dissenting) (stressing “the district judge’s discretion” under Rule 48(b) “to
dismiss either with or without prejudice as he deemed appropriate”). But the “Circuit has not
specifically addressed” under what circumstances, if any, a court may dismiss an indictment with
prejudice notwithstanding the government’s request that dismissal be without prejudice. United
States v. Hernandez-Hernandez, No. 18 Crim. 30, 2018 WL 4765129, at *2 (W.D.N.Y. Sept. 13,
2018), report and recommendation adopted, 2018 WL 4762255 (W.D.N.Y. Oct. 2, 2018).
In exercising their discretion to dismiss with prejudice under Rule 48(a), courts have
generally looked to the same principles that motivate the “leave of court” requirement. In district
courts for the District of Columbia, where Rule 48(a) is “routinely applied . . . to consider dismissal
with prejudice,” courts “take into account (1) the purpose of the government’s dismissal, (2) the
presence or absence of good faith, and (3) the objective effect that dismissal without prejudice
would have on the defendant.” United States v. Madzarac, 678 F. Supp. 3d 42, 48 (D.D.C. 2023).
Courts in this District have had less occasion to consider the question, but they have tended to look
to whether there is a risk of prosecutorial harassment from re-charging of the offense(s) or whether
there is evidence of bad faith on the part of the prosecution. See, e.g., Doody, 2002 WL 562644,
at *2 (explaining that “[c]ourts dismiss cases under Rule 48(a) with prejudice or deny such motions
19 (D.D.C. 2015); Poindexter, 719 F. Supp. at 10-12; United States v. Angilau, No. 08 Crim. 431,
2012 WL 346446, at *14 (D. Utah Feb. 1, 2012), aff’d in part, appeal dismissed in part, 717 F.3d
781 (10th Cir. 2013); United States v. Wecht, No. 06 Crim. 26, 2008 WL 65605, at *5-6 (W.D. Pa.
Jan. 4, 2008); Government of Virgin Islands ex rel. Robinson v. Schneider, 893 F. Supp. 490, 498
(D.V.I. 1995); United States v. Rossoff, 806 F. Supp. 200, 202-03 (C.D. Ill. 1992); United States
v. Fields, 475 F. Supp. 903, 904, 908 (D.D.C. 1979).
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New York

Trump Administration Chips Away at Last Traces of Broad Inquiry Into Jan. 6

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Trump Administration Chips Away at Last Traces of Broad Inquiry Into Jan. 6

The Justice Department has moved on two fronts to chip away at some of the last traces of its vast investigation into the attack on the Capitol on Jan. 6, 2021, aligning itself ever more closely with President Trump’s own efforts to whitewash the events of that day.

On Friday evening, just as the holiday weekend was beginning, federal prosecutors in Washington filed motions to formally dismiss the most serious criminal cases stemming from Jan. 6 — those that involved leaders and members of far-right groups who were tried and convicted on charges of seditious conspiracy.

Hours later, one of the Justice Department’s official social media accounts confirmed that the department was scrubbing its online archives of news releases used to publicize the cases filed against Jan. 6 rioters.

The investigation of the riot at the Capitol, which stretched from 2021 to 2025, was the single largest criminal inquiry in the Justice Department’s history, resulting in charges being filed against nearly 1,600 defendants. But ever since Mr. Trump began his second term by granting clemency to all of the defendants, the department has taken steps to unwind almost every aspect of its enormous effort to hold the rioters accountable for disrupting the peaceful transfer of presidential power after the 2020 election.

Senior department officials, including Todd Blanche, the acting attorney general, were, for instance, deeply involved in setting up a $1.8 billion fund this week intended to compensate allies of Mr. Trump who believe they were wronged in the courts by previous Democratic administrations. Many Jan. 6 rioters were elated by the creation of the fund, and have already vowed to file claims seeking payouts.

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The motions to dismiss the sedition cases against a dozen members of the far-right groups the Proud Boys and the Oath Keepers was another step toward wiping away the vestiges of what had been the most significant criminal proceedings arising from the Capitol attack. While all of the men were pardoned or had their sentences commuted by Mr. Trump, the full dismissal of their charges would represent a further symbolic victory, and would allow the veterans among them to reclaim military benefits that were terminated after their convictions.

The two federal judges who oversaw the trials — Timothy J. Kelly and Amit P. Mehta — will still have to sign off on the department’s request to dismiss the cases outright. In their motions filed in Federal District Court in Washington on Friday, prosecutors said the government had determined that dismissal was in the “interests of justice.” But the judges could push back and ask how justice would actually be served by throwing out the cases.

When Mr. Trump returned to the White House, officials quickly shut down a page on the Justice Department’s website housing a database of all of the Jan. 6 defendants with details about the charges they faced. But news releases sent out informing the public about updates in the cases had lingered on the site — at least until recently.

On Friday afternoon, a reporter for The Washington Post posted a message on social media taking note of the fact that some of the news releases were being quietly removed from the department’s archives — among them, one describing the 74-month prison sentence received by Andrew Taake, who pleaded guilty to attacking the police with bear spray and a metal whip.

A Justice Department social media account quickly posted its own message responding to the reporter and declaring that there was nothing quiet about what the department was doing.

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“We are proud to reverse the DOJ’s weaponization under the Biden administration,” the message read. “We will do everything in our power to make whole those who were persecuted for political purposes. This includes stripping DOJ’s website of partisan propaganda.”

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As Easy as Riding a Bike? Adult Learners Give It a Try.

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As Easy as Riding a Bike? Adult Learners Give It a Try.

At age 6, Stephanie Yeh was riding a bike with training wheels near her North Carolina home when she suddenly careened down a hill. She squeezed the brakes, flew over her handlebars and landed facedown on the street, narrowly missing a passing car.

Deeply shaken, she didn’t touch a bike for more than 30 years.

On a recent Sunday, Ms. Yeh, now in her late 30s, was standing anxiously in a circle of about 15 adults between the dog run and the tennis courts in McCarren Park, on the Williamsburg-Greenpoint border in Brooklyn.

It happened to be Mother’s Day, and another attendee, Rimu Byadya, a mother of two, said she woke up that morning and decided, “I’m going to give myself a gift: falling off a bike.”

She, Ms. Yeh and the rest of the group were about to take a free “Learn to Ride” class run by the nonprofit Bike New York. Helmets strapped securely to their heads, they stared apprehensively at the row of bikes in front of them.

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When Ms. Byadya, 35, told the circle that both her husband and a colleague had “successfully failed” at teaching her how to ride, the whole group gave a knowing laugh.

As New York has increasingly become a biking city, adult New Yorkers are turning to Bike New York classes, as well as private instruction, to master a skill that many adults don’t even remember learning. With Citi Bikes on every corner and frequent public transportation delays, many of these students look at cyclists longingly, wishing for the freedom of two wheels. But most are embarrassed to lack such a basic skill and daunted by the prospect of acquiring it.

Not being able to ride “is one of the biggest failures that I’ve probably faced as an adult,” Iroda Kayumova, 39, said. She learned with Bike New York last year and is now training for a triathlon.

To help adults overcome that stigma, Bike New York’s classes provide a low barrier to entry: The classes are free, bicycles and helmets are provided, and the instructors and volunteers are committed to helping as many students as possible go from never having put their foot on a pedal to riding by the end of each two-hour class.

At McCarren Park, as students chose bikes that fit their height, they discovered that there were no pedals. An instructor, Tarah Monn, explained that the first step to learning was to simply sit on the bike and walk it forward. So the students cautiously put one foot in front of the other and wobbled in a loop around a line of colored cones.

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As Mauricio Aceves, 59, got on his bike for the first time, he said he felt less nervous seeing other adults in his same situation. Growing up in Mexico City, he “would tell Santa Claus to bring me a bike,” he said, but he never got one. Now, he’s learning as a gift to his wife and 8-year-old son, who want to ride as a family.

Once enough people seemed comfortable walking their bikes, Ms. Monn encouraged them to approach the most difficult part of the day: pushing both feet off the ground to balance into a glide. “Strong pushes!” Ms. Monn yelled. “The faster the bike goes, the easier it is,” she added.

Ms. Byadya, who grew up in Bangladesh, where girls weren’t encouraged to ride, said it felt like a liberating exercise in “letting things go.” Once students started getting the hang of it, they bent their knees, feet dangling behind them as they glided for seconds at a time.

“I see balancing!” Ms. Monn said joyously.

Notably, a majority of adults seeking bike riding lessons in New York City are women. Chantal Hardy, the associate director of education at Bike New York, called this discrepancy the “fender gap.” She hypothesized that women were less likely to have been encouraged to participate in risky activities as children. “I also wonder if women are more open to seeking help,” she said, and to “having a group experience.”

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Teaching adults how to overcome their fears in order to bike is a very specific skill — one that Lance Jacobs, a private adult bike instructor and owner of Virtuous Bicycle, has honed by teaching more than 500 adults to ride since 2013. “There are two kinds of people in the world: those who know how to ride a bike and those who won’t admit that they can’t,” he said.

Mr. Jacobs, who is seldom without his white bike helmet with attached rearview mirror, has an almost obsessive dedication to the science of teaching adults to ride.

An adult on a bike for the first time is in a constant state of panic, he said. The human instinct is to put your feet on the ground, “but that instinct that is so natural gets you in trouble on a bike,” he said. So he aims to reprogram students’ brains.

At $225 for a two-hour lesson, his classes are pricey, but he tailors them to each student based on an extensive questionnaire that asks about athletic ability, driving experience and klutziness. Yelena Naginsky, 41, who learned to ride with Mr. Jacobs in 2024, said that because she is a dancer, he used dance metaphors to teach her bike concepts. He even names his exercises after specific students: “There’s the Minerva Hand Dance,” he said, “the Hyacinth Go and Stop, the Michael Swerve and Don’t Fall.”

Back at McCarren, about an hour into the class, cheers filled the air as students who had balanced for at least five seconds had pedals attached to their bikes. The next challenge was getting both feet on the pedals and maintaining balance while moving forward.

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Brendan DeZalia, 37, hadn’t been on a bike in 25 years, despite looking the part of a stereotypical bike messenger with his “Heavy Metal” T-shirt and arms and legs covered in tattoos. Once he got his pedals, he started working to gain momentum.

“I’m one of those people that wants to be perfect the first time out of the gate,” he said, but added that he was accepting that his goal was out of reach.

Mr. Aceves, though, was frustrated: “Everyone’s doing it and I’m still kind of stuck.” He had to take his pedals off and return to gliding after he kept tipping over.

According to Bike New York, in 2025, 78 percent of students pedaled by the end of class. But for those who struggle, slow progress can be demoralizing.

Yawa Kurkiewicz, a volunteer for Bike New York for more than 10 years, won’t give up on them. Having never learned to ride as a child in her native Ghana, Ms. Kurkiewicz, who is in her 60s, first learned in a Bike New York class in 2014. Cycling is now one of her main modes of transportation.

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She coached Mr. Aceves to take a deep breath, slow down and start over when he felt he couldn’t get his balance. “Don’t look at anybody. Do you,” she said. “If you don’t get it today, come back to another class.”

After a few fits and starts, Mr. DeZalia finally got up and managed to ride the entire length of the street for the first time. “We got a rider!” Ms. Monn exclaimed.

Mr. DeZalia was ecstatic. “It’s kind of an emotional moment for me,” he said.

It had taken Ms. Yeh, who had to overcome the trauma of her childhood accident, seven classes before she could even pedal. She arrived to this class, her 11th, terrified that she had forgotten how to ride over the winter, but within the first hour she was confidently biking the loop.

Riding has given her “this sense of freedom I’ve never felt before,” she said. “Like pure, unadulterated joy.”

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It had also been a kind of therapy. “There’s so many parallels between biking and learning about yourself as a person,” she said. She recalled that in one class, she kept barreling straight toward a tree, and the instructor told her, “‘The problem is that you’re focusing on where you don’t want to go.’”

Instead, Ms. Yeh said, the teacher advised her, “‘If you start focusing on where you do want to go and you only look at that, that’s where you’re going to end up.’”

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Brooklyn Man Wedged in Upstate New York Cave Is Rescued After 6 Hours

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Brooklyn Man Wedged in Upstate New York Cave Is Rescued After 6 Hours

A group of spelunkers on Sunday was about 400 feet deep in an upstate New York cave when one of them, a Brooklyn man who was belly-crawling through a precarious stretch known as the bear trap, plunged into a crevice and was pinned for six hours, the authorities said.

Three friends tried to free him by chipping away at the rock with a hammer. But that didn’t work, and after a few hours, they all began to develop hypothermia, said Lt. John Gullen, a forest ranger with the New York State Department of Environmental Conservation, who led the rescue mission.

It took rescuers, including members of the Albany-Schoharie Cave Rescue Team, another three hours and a rock drill to free the man from the passageway, which is part of Merlins Cave in Canaan, N.Y., about 30 miles southeast of Albany.

The man was treated for hypothermia but was otherwise unharmed.

“I was able to squeeze my way over top of the subject and then get behind him by his feet,” Lieutenant Gullen said in an interview with CBS6 Albany, adding that the man “was really jammed in there.”

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“His full body was stuck in a crevice that was basically designed the exact shape of him,” the lieutenant said.

The explorers were leaving the cave when the man became wedged around 6 p.m., said Greg Moore, a co-captain of the Albany-Schoharie Cave Rescue Team.

All of the spelunkers were experienced cavers and had permission to be there, Captain Moore said.

After other members of the party tried to rescue the man on their own, a few left the cave to call 911.

The mouth of the cave is atop a mountain roughly a mile from the road through woods. Firefighters had to bring two off-road vehicles to transport rescuers back and forth to reach the cave.

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Captain Moore said there were about a dozen firefighters, two medical doctors, eight rescuers and six spelunkers on the scene by the time he arrived.

He said that the rescuers had brought miniature Reese’s Peanut Butter Cups for the trapped man, to keep his energy up.

“We first tried some ropes and webbing — rock-climbing equipment — to try pulling him up,” said Emily Davis, the other co-captain of the rescue team. “But we couldn’t.”

Next, rescuers tried drilling.

After nearly two hours, Lieutenant Gullen was able to pull the man a few inches out of the fissure. The Department of Environmental Conservation did not publicly identify the rescued man.

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“He was really jammed in by this one nub of rock,” Lieutenant Gullen said in the CBS6 interview, adding that he had used a special tool to drill into the rock just inches from the man’s head.

Captain Moore, who is also the Northeastern regional coordinator with the National Cave Rescue Commission, described it as “a heavy-duty battery-powered drill,” adding that it was “nothing super fancy.”

Caves in New York State remain around 50 degrees year round and are extremely humid. The rock walls are damp and cold.

“Laying on the rock, he’s getting a bunch of heat sucked out of him,” said Kyle Gochenour, a Tennessee-based cave rescuer who trains others through the National Cave Rescue Commission. “Caves run so cold. Losing heat becomes the bigger risk.”

Cave rescues are rare.

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Hazel Barton, a cave explorer and geology professor at the University of Alabama, said that trained cavers get stuck once every 50,000 trips or so, usually because of something spontaneous, like a rock fall.

Captain Moore said, “If we get a rescue or two in a year, that’s a busy year for us.”

Merlins Cave is on a 35-acre preserve, next to another cave called Dragon Bones.

Both are closed to explorers from October through April to protect hibernating bats, according to Erik Nieman of the Northeastern Cave Conservancy, which owns the caves.

“The group that was with the trapped gentleman was really good,” Captain Davis said. “They did everything right.”

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