Three Things That Can Be Done To Address Trump DOJ’s Undermining The Rule Of Law
Behind The Headlines With Andrew Weissmann, Vol 2.4.b
We are in full crisis at the Department of Justice, with career FBI personnel and federal prosecutors in the field and Main Justice refusing to engage in what they believe (correctly in my view) as violations of the rule of law by Trump leadership.
The most recent crisis is the resignation of the acting U.S. Attorney in the SDNY and the leadership of the Public Integrity Section over Emil Bove’s order to dismiss the criminal case against NYC Mayor Eric Adams. So far, no one has made the motion to dismiss the case, as each person in succession has resigned rather than carry out what the SDNY U.S. Attorney described as what amounted to an improper quid pro quo between Bove and Adams.
Indeed, we are already seeing what by all appearances are the results of that deal: Adams has capitulated to permitting ICE to go into state prisons to deport people, which is in violation of local law, and has ordered his entire leadership team not to say anything negative about Donald Trump.
The logical question is: "What now can be done?" Here are three things:
NY Governor Kathy Hochul has the power to remove the mayor. She has said in the past that to do so would undermine democracy, but is that true now (if it ever were, since the democratically elected Governor has been given that power)? If the NYC Mayor is hopelessly conflicted—in effect, wearing a choke collar requiring him to do the bidding of President Trump—is he able to represent the NYC electorate and only their interests? No one voted for Trump to be mayor of NYC, to state the obvious.
The Senate can refuse to confirm Todd Blanche, the Trump nominee for Deputy Attorney General, and can call him to answer questions about what happened. There are reports that Bove actually assisted the Adams team to figure out how to approach Trump to obtain a dismissal of the DOJ case. The Senate can investigate.
The federal Judge, Dale Ho, in the SDNY can hold a hearing when the motion to dismiss the Adams case is made to him. After all, there is currently a dispute as to what happened, and there are various reasons being advanced by Bove for directing the dismissal. Ho can require Bove to appear to say, under oath, what happened and why he wants the dismissal. If the dismissal is part of an illegal quid pro quo, the court would have every reason not to bless it. He might take the extraordinary step of refusing to dismiss the case and appointing an independent prosecutor.
Watch this space for more.
And equally important, Happy Valentine’s Day ❤️
Andrew
If there is an affirmation of the Rule of Law at all, it is to be found in the rules and code of ethics governing the practice of law, and it should be enforced accordingly. If Bove’s direction to dismiss the Adam’s prosecution is an order to violate the rules governing the practice of law, then the District Court Judge hearing the dismissal motion should refer Bove, and any DOJ attorney acting under him, to the New York Bar for sanctions, including disbarment.
And a VERY HAPPY VALENTINE’S DAY right backatcha Andrew.😁
Thank you for ALL you are doing in helping us to get the information you have to share.
You are informative, and that’s what US CITIZENS need to PUSH BACK.