Paul D. Clement also said a judge should not allow the Trump administration to use the court’s authority to compel Mr. Adams’s support in the White House’s mass deportation efforts.
The government wants to drop the charges, a move that critics call a deal to secure the mayor’s help in deportations. A lawyer appointed by a judge is scheduled to weigh in.
Judge Dale E. Ho will hear the government’s rationale for its request to stop the corruption case against New York’s mayor. Former U.S. attorneys are asking him to investigate.
New York City’s mayor was accused of bribery, fraud and soliciting illegal foreign campaign donations. President Trump’s administration wants him free to help with mass deportations.
The former prosecutors, both Democrats and Republicans, sharply criticized the Justice Department’s intention to investigate Danielle Sassoon. She resigned rather than drop a case she supported.
The president’s lawyers argued that the distinction between civil servants and political appointees was unworkable and unconstitutional. A hearing is set for Friday.
If Danielle R. Sassoon, the interim U.S. attorney, agrees to drop the prosecution of Mayor Eric Adams, the decision could threaten the reputation of a famously independent office.