Advisory Opinions Friends With DOJ Benefits
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Feb 20, 2025 David Lat, a legal journalist and author of Original Jurisdiction, joins Sarah Isgur and David French to discuss the intriguing motion to dismiss the case against NYC Mayor Eric Adams. They dive into the ethical dilemmas of political prosecution, examining how loyalty often trumps the rule of law. The trio tackles the complexities of legal representation amidst personal beliefs, alongside the turbulent dynamics between the Department of Justice and the Office of Legal Counsel during the Trump administration, illuminating the shadows of political influence in legal practice.
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Adams's Motivation
- Mayor Eric Adams's policy change is driven by self-preservation, prioritizing his political survival over principle.
- While this is problematic, his lawyers, Alex Spiro and Bill Burke, acted ethically by prioritizing their client's interests.
Blame Game
- While the DOJ's actions are problematic, ultimate blame falls on President Trump and Mayor Adams.
- Trump's actions establish a precedent of preferential treatment for allies, demonstrating a "friends get benefits" approach to governance.
Norm vs. Law
- The norm against presidential interference in prosecutions lacks a clear constitutional or statutory basis.
- It primarily rests on post-Watergate norms and ethical considerations, rather than explicit legal prohibitions.