Backsliding Democracy - Ethical Issues in Lawyering Today as Trump Lawyers Become Embedded in US DOJ

If you are concerned about the DOJ’s latest legal and ethical gymnastics, and the role newly appointed Deputy Attorney General, Emil Bove (Trump’s former Defense lawyer) has played in the search for a federal prosecutor to drop corruption and bribery charges against New York City Mayor, Eric Adams - this program breaks down and explains a troubling pattern of ‘unethical’ lawyering, referred to as “democratic backsliding.”

Forum Shopping for a Prosecutor

When a member of the US Department of Justice “shops” around to find a prosecutor willing to sacrifice his or her good name, reputation, and career, to sign a dismissal of someone they truly believe, and their evidence appears to show is “corrupt” to the core - they must keep their oath to follow the law without fear or favor. And that is just what happened - the DOJ went ‘forum shopping’- something litigants not DOJ officials usually do. In response, seven DOJ federal prosecutors both in NY and DC resigned all in a row - because the “ask” to have the charged dropped against this questionable NY City mayor, was ethically improper.

The Big Leave

Seven courageous justice department prosecutors resigned. The first, U.S. attorney in Manhattan, Danielle R. Sassoon, and several other department officials resigned rather than obey the order, choosing their ethical duty over a corrupt demand by the Trump DOJ. Tht order: to file a dismissal of charges in the NY federal case against Adams. These seven lawyers chose to live up to their ‘ethical’ oath of office: to uphold the rule of law they swore to protect and defend - thereby upholding the democratic process.

Backsliding Democracy is just the opposite. It’s when those charged with upholding the law, such as judges and prosecutors “capitulate” to the demands of a higher office - such as here, the Trump DOJ. Where DOJ officials shop around and threaten firing, to get lawyers to do something they know is unethical - that would tarnish their careers, and get them in trouble with the bar. We cannot discount public perception that come with erosion of legal ethics: choosing friend and favor over what is right and just. These seven lawyers upheld the democratic process even if it meant leaving their jobs.All of them obviously believing, the rule of law and a trial on the merits should be allowed to play out.

ICE’d In or Out?

As speculation has increased that the Trump DOJ used the Mayor’s legal situation as a predicate to gaining his cooperation for Immigration and Customs Enforcement (ICE) to side-step a 2014 New York Sanctuary law to gain access, one that outlines "clear guidelines" prohibiting the use of office space on Rikers for civil immigration enforcement.

In response, the the governor, Kathy Hochul could use her gubernatorial powers to remove of Eric Adams under the New York constitution, but there are countervailing forces - including only one precedent in the state’s history when in 1932 former governor, later becoming US president, Franklin Delano Roosevelt had made inroads to remove a corrupt mayor, Jimmy Walker. That mayor was also accused of taking bribes from city contractors; but, Walker resigned before Roosevelt could remove him.

Here, Adams is not poised to do the same, as Trump clearly needs him there to help with his infiltration and deportation plan. Where criminal and illegally present immigrants considered “gang-members” are “charged” and imprisoned, it could end up relieving New York of a burden; a criminal population it no longer has to monitor or maintain anymore. But of course, this sidesteps procedural due process and could potentially get someone innocent caught up….setting up a bad precedent for remaining New Yorkers.

The Return of the “Quid Pro Quo”

So there is a chance this “illegal quid pro quo” between the Trump administration and Mayor Eric Adams could possibly benefit New York, but that is still yet to be seen. The governor needs to carefully assess the fallout if she removes the mayor while all of this plays out. Nevertheless, such interference with federal prosecution of Adams by the Trump DOJ, could of itself set bad precedent - for today it’s rounding up “alleged” illegal immigrants and criminal aliens - tomorrow it could be anyone else.

Professor & Author, Scott L. Cummings, speaks candidaly on the issue of “democratic backsliding.” Hear him out, and you decide if Trump Lawyers are in fact “backsliding American democracy.” An interiguing discussion every patriotic American should watch!