“Fools” Rush In the Department of Justice
The fallout continues from the Eric Adams case. Yesterday, I wrote about Danielle Sassoon’s resignation, and Emil Bove’s response. Today, Hagan Scotten, another Assistant United States Attorney resigned with a formal letter.
Again, there is much to discuss about the Sassoon-Bove exchange, which I will do in the future after I’ve had some more time to reflect. Here, I will reflect on one passage in Scotten’s letter:
I can even understand how a Chief Executive whose background is in business and politics might see the contemplated dismissal-with-leverage as a good, if distasteful, deal. But any assistant U.S. attorney would know that our laws and traditions do not allow using the prosecutorial power to influence other citizens, much less elected officials, in this way. If no lawyer within earshot of the President is willing to give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me.
In recent years, the Department of Justice has prosecuted public officials in high profile cases. In several of those cases, the Supreme Court unanimously reversed the convictions.
In McDonnell v. United States (2016), the Court held that an “official act” must involve a formal exercise of governmental power on something specific pending before a public official. DOJ though it knew what was a proper exercise of government power. The Supreme Court disagreed. Could it be said that the scores of DOJ employees who brought this ill-fated prosecution were “fools”? Do you know who was the Chief of the DOJ Public Integri
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