Main Justice Podcast Summary: "A Choke Chain"

Release Date: February 19, 2025
Hosts: Andrew Weissmann and Mariam Cord (Mariam McCord)
Duration: Approximately 56 minutes

Introduction

In the episode titled "A Choke Chain," hosts Andrew Weissmann and Mariam Cord delve into recent tumultuous events within the Department of Justice (DOJ), focusing on the controversial dismissal of charges against New York City Mayor Eric Adams. Drawing from their extensive DOJ experience, Weissmann and Cord analyze the implications of these developments on the rule of law, executive power, and democratic integrity.

1. Dismissal of the Eric Adams Case

The primary focus of the episode revolves around Acting Deputy Attorney General Emil Beauvais's directive to dismiss the criminal case against Mayor Eric Adams [00:50]. This dismissal is not with prejudice, allowing the DOJ to leverage the case as a means to secure Adams's cooperation with federal immigration initiatives in New York City.

Notable Quote:

• Andrew Weissmann [01:34]: "People are trying to figure out what is the difference between us, because we always are in violent agreement is you're like held over his head. And I have been on air saying it's a choke chain."

2. DOJ Fallout and Resignations

Following the directive, several high-ranking DOJ officials expressed their dissent. Danielle Sassoon, the Acting U.S. Attorney, wrote an eight-page memorandum to Attorney General Pam Bondi [05:26], stating that dismissing the case without a valid basis violated ethical obligations and DOJ guidelines. Sassoon threatened to resign if her ethical standards were not upheld.

Another key figure, lead prosecutor Hagan Scotten, also opposed the dismissal, asserting the case was well-founded and should not be used for political leverage [12:11]. His refusal led to further resignations among DOJ prosecutors, highlighting internal resistance against politicized prosecutions.

Notable Quote:

• Mariam Cord [06:50]: "If you can find anybody who's fool enough or cowardly enough to sign a motion to dismiss, you go do that. But I was never going to be that person."

3. Legal Implications and the Rule of Law

Weissmann and Cord discuss the broader implications of using criminal prosecutions as leverage against political figures. They emphasize that such actions undermine the impartiality of the DOJ and erode public trust in the legal system. The episode underscores the ethical breaches involved in attempting to use legal proceedings to achieve political ends.

Notable Quote:

• Mariam Cord [22:36]: "This type of quid pro quo is in violation of ethical rules by the state bar associations. It's in violation of ABA model standards. It's in violation of the Justice Department binding guidance sense."

4. Judge Ho’s Order and the Upcoming Hearing

Judge Dale Ho, presiding over the Adams case, has scheduled a hearing for February 19th [17:52]. The judge's order requests that both parties be prepared to discuss the government's reasons for the dismissal, Mayor Adams's written consent, and the procedures for resolving the motion. Weissmann anticipates that Judge Ho will scrutinize the motives behind the dismissal, especially the alleged quid pro quo involving immigration enforcement.

Notable Quote:

• Andrew Weissmann [20:00]: "Federal immigration initiatives and policies. First of all, that is the quiet part out loud. So since when do you discontinue a case against a politician because it would interfere with their ability to govern?"

5. Supreme Court Case on Executive Power

The hosts touch upon an ongoing Supreme Court case concerning the President's authority to dismiss heads of independent agencies without cause. This case could set a precedent affecting the balance of power between the executive branch and other governmental institutions.

Notable Quote:

• Mariam Cord [44:03]: "This case is interesting because it's really sort of a continuation of, you know, a series of cases where the Supreme Court has been very open to arguments that the executive has the power, the executive, meaning the president, to fire heads of agencies, including heads of independent agencies, even without cause."

6. Developments Involving Kash Patel and FBI Leadership

Another significant topic is the scrutiny surrounding Kash Patel, the nominee for FBI Director. Whistleblowers have revealed that Patel may have been involved in orchestrating the dismissal of top FBI supervisors related to the January 6th investigations [51:38]. Additionally, concerns are raised about Patel's connections to foreign corporations, including a Chinese company implicated in unethical practices. The hosts call for congressional oversight to address these potential conflicts of interest.

Notable Quote:

• Andrew Weissmann [53:35]: "The acting deputy attorney general has said and has now received a list of thousands of people for heightened scrutiny with respect to employment decisions. The category for those thousands of names was that they worked on the January 6 cases."

7. Conclusion and Future Outlook

Weissmann and Cord conclude by highlighting the importance of maintaining the rule of law and the integrity of the DOJ amidst political pressures. They emphasize the role of state prosecutors and district attorneys in upholding justice when federal mechanisms falter. The episode underscores the ongoing struggles within the DOJ to resist politicization and preserve legal impartiality.

Notable Quote:

• Andrew Weissmann [36:01]: "The Manhattan district attorney has the ability to investigate, and of course, potentially, if he thinks it's fair to go forward and ask a grand jury to charge at the state level."

Final Thoughts

"A Choke Chain" presents a comprehensive analysis of the recent DOJ turmoil, illustrating the tension between legal integrity and political maneuvering. Weissmann and Cord provide an insightful examination of the events, backed by their professional experiences, urging listeners to remain vigilant in safeguarding democratic institutions and the rule of law.

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