Rule of law – will it stand up to the US Department of Justice
Today we will see if the American rule of law can stand up to America’s new Department of Justice. The issue in a nutshell is tied to a case that has of yet has not been tried – the corruption case of the New York City mayor Eric Adams. He had been indicted last year on five counts, including bribery, fraud and soliciting illegal foreign campaign donations. He pleaded not guilty and was scheduled for trial in April. Last week the Department of Justice attorneys were ordered to dismiss the case and this has led to a large shakeup as two respected conservative prosecutors resigned rather than submit the dismissal request.
The fact that a corruption case is being called a corrupt response is concerning and on Monday, 17 February, three former US attorneys file an amicus brief. They noted that “what is at stake here is far more than an internal prosecutorial dispute about an individual case,” the former U.S. attorneys wrote. “The public furor that has arisen during the past week raises concerns about respect for the rule of law and the division of power between the executive and judicial branches of government in our nation.”
Today the Judge in this case will review the filings and make a determination. This is important to practitioners, both in the US and abroad, as it highlights the transactional quid pro quo nature of the Trump administration, which is an anathema to a rule of law system.
The usual question of what can be done is now in the hands of the judiciary. The judiciary is not a rubber stamp, simply there to agree with the administration, but does have a duty to follow the rule of law, balancing the role of the judiciary versus the role of the other branches.
Link:
https://www.nytimes.com/2025/02/17/nyregion/judge-dale-ho-adams-corruption-case.html