Judge Dale Ho, a Biden appointee, noted in the New York mayor’s case that the government’s prosecutorial discretion is broad but also that the judiciary has an independent role to play.

NEW YORK (AP) — A Wednesday hearing in the prosecution of New York City Mayor Eric Adams was set by the judge presiding over the case as he ordered lawyers to explain why the Justice Department asked to dismiss corruption charges and the “scope and effect” of the mayor’s consent.

The federal judge overseeing the corruption case against New York City Mayor Eric Adams has scheduled a hearing on the Justice Department’s request to drop the charges and indicated he wants an explanation of the government’s reasons for doing so.

Ho, a second-year federal judge in Manhattan, to decide if Adams’ corruption case goes away. It’s the biggest challenge of Ho’s young judicial career, pitting the political pursuits of new Justice Department leadership in Washington against the objections of federal prosecutors in Manhattan who charged Adams last September and insist he be held accountable for allegedly taking bribes and illegal campaign contributions from foreign interests.

A federal judge on Tuesday ordered U.S. prosecutors to appear in court this week to address why they are seeking to dismiss criminal charges filed against New York Mayor Eric Adams. The hearing comes after a Justice Department official appointed by Republican President Donald Trump ordered prosecutors to seek dismissal of the case.