A Very Different Constitutional Immunity Amendment
Today, Acting Deputy Attorney General Emil Bove instructed the Acting U.S. Attorney for SDNY to dismiss the indictment against New York City Mayor Eric Adams without prejudice. This decision was made without regard to the “strength of the evidence or the legal theories on which the case is based.” Rather, the ADAG found the prosecution has “improperly interfered with Mayor Adams’ campaign in the 2025 mayoral election.” Moreover, Bove wrote that “the pending prosecution has unduly restricted Mayor Adams’ ability to devote full attention and resources to the illegal immigration and violent crime that escalated under the policies of the prior Administration.”
Both of these rationales only make sense so long as Adams is in office. If he loses re-election, then both of these rationales drop out. Importantly, a former mayor is no longer of use of the executive branch. Adams can then be recharged. The memo states that the confirmed U.S. Attorney can review the matter following the November 2025 election. In other words, the Trump-appointed prosecutor can decide whether to re-indict Adams based on the outcome of the election. Presumably, if Adams loses election, he will be indicted. Or he might be pardoned. But if Adams wins re-election, he will not be indicted.
Critics have cited this decision as yet another example of lawlessness by the Trump Administration. I approach the situation differently. In fact, this memorandum crystalizes something I have been toying with for some time.
There was a time when an indicted elected official would immediately resign in shame. The stigma of holding office in the face of a criminal indictment was too great. Today, that stigma is long gone. Politicians now routinely serve while under indictment. George Santos did not resign, but was expelled. Senator R
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