Dozens of former Justice Department lawyers signed an open letter to career federal prosecutors expressing “alarm” over the department’s recent actions.
Among the signatories was Jack Smith, the former special counsel whose office charged President Donald Trump in connection to the January 6, 2021, Capitol riot and Trump’s hoarding of classified documents.
The Context
The letter, dated February 17, comes days after a slew of career prosecutors resigned over the DOJ’s decision to drop its case against New York City mayor Eric Adams so that Adams can assist Trump on immigration.
Danielle Sassoon, the former acting head of the U.S. attorney’s office in Manhattan and one of the officials who resigned, described the deal as a “quid pro quo” in a letter last week to Attorney General Pam Bondi. Adams and the DOJ have denied that allegation.
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What To Know
“As prosecutors, we were rightly prohibited from making criminal charging decisions based on someone’s political association, activities or beliefs, or because of our personal feelings about them,” the former prosecutors wrote in their open letter to current DOJ employees. “We knew it was impermissible to treat a defendant more leniently just because they were powerful or well-connected, or more harshly because they were not.”
The letter continued: “Against this backdrop, we have watched with alarm as these values have been tested by recent actions of the Department’s leadership. Some of you have been ordered to make charging decisions based expressly on considerations other than the facts and the law, including to serve solely political purposes.
“Some of you have been forced to consider whether your actions will result in the elimination of the Public Integrity Section, created in the wake of the Watergate scandal, and whose vital work is intended to protect the public from government corruption,” it said. “Several of you have resigned, and others are wondering what will happen to the Department we served and revere.”
The letter went on to say, “To all of you, we communicate this: We salute and admire the courage many of you have already exhibited, and that will guide all of you as you continue to serve the interests of justice. You have responded to ethical challenges of a type no public servant should ever be forced to confront with principle and conviction, in the finest traditions of the Department of Justice.
“We know there will be more challenges ahead, and we have no doubt that those of you who continue to serve will uphold the Department’s values for the sake of the rule of law, just as you have always done. Please know that when you do, generations of former federal prosecutors are watching with pride and admiration and stand ready to support you in this honorable pursuit,” it concluded.
In addition to Smith, some members of the former special counsel Robert Mueller’s team signed the letter, including former prosecutors Aaron Zelinsky and Andrew Weissmann.
What People Are Saying
Chad Mizelle, the attorney general’s chief of staff, said last week that prosecutors who disobeyed the order to dismiss the Adams case have “no place at DOJ”: “The decision to dismiss the indictment of Eric Adams is yet another indication that this DOJ will return to its core function of prosecuting dangerous criminals, not pursuing politically motivated witch hunts.”
David Lat, a member of the conservative Federalist Society, wrote in a Substack post that the prosecutors who resigned last week “did the right thing”: “They resigned after being told to take a course of action that they viewed as unacceptable. Query whether other DOJ or Trump administration officials will do the same if pressured or directed to engage in improper, unethical, or illegal actions.”
Ed Whelan, who served as deputy assistant attorney general during the George W. Bush administration, wrote in a blog post: “A president has all sorts of authority to do things that are unethical. […] But that doesn’t mean that lawyers acting at his direction are obligated to engage in conduct that they regard as unethical. On the contrary, they have a duty not to do so. Even if you think that Sassoon is wrong on this point, her position is certainly one that an intelligent person could hold in good faith. She has acted honorably in standing, and then resigning, on principle.”
What Happens Next
The DOJ formally requested late Friday that the charges against Adams be dismissed. A Manhattan judge ordered attorneys for Adams and the DOJ to appear in court Wednesday over the motion to dismiss the case.
