Lawyers Can Slow a Trump Dictatorship. They Have to Do Something Uncomfortable First.

Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. Consider how the profession can deal with government lawyers who have enlisted in Trump’s assault on the rule of law. Bove’s letter justified the dismissal on the grounds that Adams’ indictment and impending trial would affect the mayor’s “ability to support” federal efforts to stem “unlawful mass migration and resettlement.” Critically, the proposed dismissal without prejudice would give the Trump administration continuing leverage over Adams on immigration enforcement and, indeed, on any other question. The American Bar Association’s Standards of the Prosecution Function prohibit the exercise of prosecutorial discretion based on “partisan or other improper political … considerations.” And as Sassoon’s letter pointed out, the DOJ’s own Principles of Federal Prosecution prohibit initiating or declining charges based on a defendant’s “political association, activities, or beliefs.” Moreover, there is an arguable case that the Adams dismissal agreement is a form of criminal bribery under 18 USC Section 201. When government lawyers misbehave, federal judges must be more assertive in the exercise of their powers as members of the judicial branch and as integral players in disciplinary mechanisms of the legal profession.