(NEW YORK) — The battle between New York federal prosecutors and President Donald Trump’s Justice Department continued Friday as another prosecutor resigned over the order to dismiss Mayor Eric Adams’ bribery case.
Hagan Scotten, the assistant United States attorney for Southern District of New York, blasted Deputy Attorney General Emil Bove in a letter one day after acting U.S. Attorney for the Southern District of New York Danielle Sassoon resigned over her refusal to follow through with the Justice Department’s request.
“In short, the first justification for the motion — that [former U.S. Attorney] Damian Williams’s role in the case somehow tainted a valid indictment supported by ample evidence, and pursued under different U.S. attorneys is so weak as to be transparently pretextual,” Scotten wrote.
“The second justification is worse. No system of ordered liberty can allow the Government to use the carrot of dismissing charges, or the stick of threatening to bring them again, to induce an elected official to support its policy objectives,” he added.
Scotten, an Army veteran who served in Iraq and clerked under Supreme Court Chief Justice John Roberts and Brett Kavanaugh before he was appointed to the Supreme Court, chastised the president and the administration.
“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,” he wrote.
“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,” he added.
The letter came hours after what several former and current federal justice officials dubbed the “Thursday afternoon massacre,” when six people involved with the case resigned and pushed back against the U.S. attorney general’s office.
Sassoon resigned Thursday over the Justice Department’s request to end the federal bribery case against the mayor.
The Justice Department planned to remove the prosecutors handling the mayor’s case and reassign it to the Public Integrity Section in Washington, D.C.
However, as soon the Public Integrity Section was informed it would be taking over, John Keller, the acting head of the unit, and his boss, Kevin Driscoll, the most senior career official in the criminal division, resigned along with three other members of the unit, according to multiple sources.
Gov. Kathy Hochul, who has the power to remove Adams from office, called the Department of Justice’s moves “unbelievably unprecedented” during an interview on MSNBC Thursday night.
“This is not supposed to happen in our system of justice,” she told MSNBC’s Rachel Maddow.
Hochul, however, declined to discuss the possibility of removing the mayor.
“The allegations are extremely concerning and serious. But I cannot, as the governor of this state, have a knee-jerk, politically motivated reaction, like a lot of other people are saying right now,” she said. “I have to do it smart, what’s right, and I’m consulting with other leaders in government at this time.”
The Rev. Al Sharpton, a longtime ally of Adams, said in a statement Tuesday that he was convening with other Black clergy to discuss the situation but he already raised concerns about the mayor’s allegiances.
“President Trump is holding the mayor hostage,” Sharpton said.
Four prominent New York City Black clergy members — the Revs. Johnnie Green, Kevin McCall, Carl L. Washington and Adolphus Lacey — wrote a letter Wednesday calling on the mayor not to run for reelection this year.
“Eric Adams had every right to prove his innocence and many of us were willing to give him the benefit of the doubt, but that’s not what has happened,” they wrote.
Adams, a former NYPD officer and Democrat who previously registered as a Republican, was accused by federal prosecutors of taking lavish flights and hotel stays from Turkish businessmen and officials for more than a decade.
He and his staff members also allegedly received straw campaign donations to become eligible for New York City’s matching funds program for his campaigns, according to the criminal indictment that was issued in September.
In exchange, Adams allegedly used his power as Brooklyn borough president and later as mayor to give the foreign conspirators preferential treatment for various projects and proposals, including permits for the Turkish consulate despite fire safety concerns, the indictment said.
Adams pleaded not guilty, has repeatedly denied any wrongdoing and claimed without any basis that he was being politically targeted by the Biden administration, even though the probe covers many years before Biden was in office.
Adams’ primary opponents have called for him to step down since the indictment, as have other New York Democrats, such as Rep. Alexandria Ocasio-Cortez.
The mayor, however, appeared on “Fox and Friends” on Friday with Trump “border czar” Thomas Homan and reiterated he was not only staying in office but he would run for reelection as a Democrat. The deadline to change parties is Friday.
“People had me gone months ago, but, you know what, I’m sitting on your couch,” Adams told the hosts.
The mayor remained silent during the interview when Homan discussed Trump’s deportation policy and called on Hochul to resign for not cooperating with the federal office.
Adams, however, did light up and smile when the “border czar” discussed their partnership. The mayor announced Thursday the city would allow Immigration and Customs Enforcement agents into Rikers Island jail, a major shift in the city’s policies.
“If he doesn’t come through, I’ll be back in New York City, and we won’t be sitting on the couch,” Homan said with a laugh. “I’ll be in his office, up his butt, saying, ‘Where the hell is the agreement we came to?'”
Sassoon prosecutor warned in a letter that the close relationship between the Trump administration and Adams crossed a line.
In her letter to Attorney General Pam Bondi, Sassoon repeatedly suggested Justice Department leadership, including Deputy Attorney General Emil Bove, was explicitly aware of a quid pro quo that was suggested by Adams’ attorneys.
Sassoon alleged Adams’ vocal support of Trump’s immigration policies would be boosted by dismissing the indictment against him.
Sassoon’s letter detailed a January meeting with Bove and counsel for the mayor, where she says Adams’ attorneys put forward “what amounted to a quid pro quo,” after which Bove “admonished a member of my team who took notes during that meeting and directed the collection of those notes at the meeting’s conclusion.”
“Although Mr. Bove disclaimed any intention to exchange leniency in this case for Adams’s assistance in enforcing federal law, that is the nature of the bargain laid bare in Mr. Bove’s memo,” Sassoon wrote in her letter.
Bove accused Sassoon of insubordination and rejected her claims. Trump told reporters Thursday he was not involved with the Justice Department decisions this week and claimed the SDNY prosecutor was fired, although he did not name her.
Adams also denied the allegations Friday.
“It took her three weeks to report in front of her a criminal action. Come on, this is silly,” he told the “Fox and Friends” hosts.
The dismissal, which is without prejudice, meaning it can be brought again, specifically after the November election, according to Bove’s request, has yet to be formally filed in court or reviewed by a judge.
ABC News’ Oren Oppenheim contributed to this report.
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