NY Trial Attorney David Schwartz @NewsmaxTV Talking About If The NY Governor Remove NY Mayor Adams ‪@judgingfreedom‬

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0:00[Music] 0:07 welcome back to the freedom file I'm 0:08 joined once again by civil and criminal 0:11 defense attorney David Schwarz and 0:12 former Federal prosecutor Doug Burns 0:15 both longtime colleagues and friends of 0:17 mine I want to get into the uh legal 0:20 maneuvering in the mayor Adams bribery 0:22 case David to you first in an 0:25 unusual U clause in the New York state 0:29 constitution the governor of New York 0:32 can remove the mayor if she believes he 0:34 can no longer exercise his duties the 0:36 city Charter provides for the same thing 0:40 if the May if the governor believes that 0:43 the mayor is no longer free to exercise 0:46 his judgment but is only exercising in 0:49 in a way that he wants that he thinks 0:51 the feds want him to so they don't 0:53 regenerate the prosecution should she 0:56 remove him if she comes down to that uh 1:00 conclusion which I think is a faulty 1:02 conclusion in the first place she would 1:04 have every right to remove him but 1:05 removing him doesn't mean just pressing 1:07
a button judge and removing removing 1:10 there's due process so she could make 1:12 that decision and then the mayor would 1:15 have 30 days uh uh to defend that his 1:19 position and they would have an a 1:20
hearing on that and then 30 days she 1:22 would decide whether or not it's 1:24 permanent removal or not I think that 1:27 would be a ridiculous move on the 1:28 governor's part you know uh Doug 1:30 the there's due process and there's due 1:32 process this is a weird weird system 1:34 here in this hearing that David just so 1:37 nicely described the governor would be 1:40 both the judge and the prosecutor this 1:43 is ridiculous it's happened once before 1:46 with Franklin delanor Roosevelt and 1:48 Jimmy Walker that never even got to the 1:50 hearing uh to the hearing stage but if 1:53 she believes that his judgment is not is 1:57 is not impaired but is regulated by fear 2:00 of the feds shouldn't she do something 2:02 about it yeah but I think this one I 2:05 don't I predict confidently she won't do 2:08 that um because I don't think it rises 2:10 to the level of the Jimmy Walker 2:12 situation you know I watched you the 2:13 other day explaining it was a great
2:15 history lesson about the Jimmy Walker 2:17 and then he resigned mayor Walker but 2:19 the conduct was far far more serious 2:21 this thing again it's a mixed bag uh 2:24 real quick which is that it sounds like 2:26 you know they're hanging it over his 2:28 head but the converse argument is 2:30 they're just asking him to do that which 2:31 he's supposed to do anyway so it's 2:33 really the classic R Shack test okay 2:36 left is going to see it their way 2:38 right's going to see it their way and 2:39 that's very unfortunate in a criminal
2:41 case that should not be the case I wish 2:43 we could keep politics out of a criminal 2:46 case as I as I mentioned and I think you 2:47 both agree with me you're both 2:49 experienced criminal prosecutors and
2:51 defense lawyers when when when politics 2:54 enters the case it it often produces a 2:57 political result which is not not NE 2:59 necessarily consistent with right or 3:01 wrong uh or guilt uh and and innocence 3:05 back to uh judge hoe who's the 3:08 relatively new Biden appointed federal 3:11 judge in lower Manhattan uh who for 3:13 better for worse has this uh on his desk 3:16 should he have put should he have
3:18 brought all the lawyers in the courtroom 3:21 if it were me I would have had Danielle 3:23 Sassoon there and say why did you resign 3:25 what is wrong what did they want you to 3:26 do that you think was wrong how strong 3:28 is this case he didn't do that David no 3:31 no he didn't do that I I don't think you 3:33 know for the first hearing on this that 3:35 that should have been done certainly the 3:37 judge can do that at a later hearing if 3:39 the judge wants to inquire more into it 3:41 but like Doug laid out earlier the the 3:44
judge the prosecution has has wide 3:47 discretion to dismiss any case that they 3:50 want and ultimately this case will be 3:53 dismissed and even if though it's 3:55 dismissed without prejudice there is a 3:57 99.999 3:59 percent chance this case will never see 4:01 the light of day ever again let me uh 4:05 suggest the 4:06 unthinkable judge hoe appoints a retired 4:10 federal judge or retired prosecutor as a 4:13 special SL private attorney general to 4:16 prosecute the case douge what happens 4:19 yeah no that could happen but I think 4:20 the odds are very very low on that no an 4:23 independent counsel by analogy in a 4:25 state you know in that situation in 4:27 federal court and then they do the case 4:29 but I don't think it happen back to 4:31 David's point he's so right 39 years 4:33 just quick Point I've never seen a case 4:35 dismissed without prejudice come back 4:36 not once David have you ever seen a 4:38 private attorney general appointed by 4:40 the court because the feds or even the 4:43 local da didn't want to prosecute the 4:45
case but the court thought it should 4:46 have been prosecuted I've never seen it 4:48 maybe Doug has seen it but I've I've 4:51 never seen it in my career judge yeah I 4:53 I I saw it in another courtroom when I 4:56 was on the bench I didn't do it uh 4:59 myself this situation never confronted 5:01 me uh I think that the second circuit 5:04 would uh reverse judge hoe If he did 5:06 that douge what do you think no I agree 5:08 I don't think it's warranted I think it 5:09 would be reversed judge ho you know one 5:12 last thing it's interesting rule 48 of 5:14 the rules was changed and you needed 5:16 leave of court to dismiss so in a 5:18
political case the judge doesn't want 5:20 any part of having to be the one who 5:23 dismissed it you see what I mean but 5:26 doesn't the judge not want his court 5:29 room to be used for a political purpose 5:33
saving the meraly of this wounded Eric 5:37 Adams David yeah like Doug said before 5:40 politics should play no role a court 5:42 should be a laboratory where it's only 5:44 the evidence before the court that rules
5:46 the day gentlemen it's a pleasure thank 5:48 you very much I have thoroughly enjoyed 5:50 this conversation we'll have you back 5:52 again soon that is my show this week 5:55 special thanks to Doug Burns and David 5:57 Schwarz thank you for watching the 5:59 freedom file we will see you next week 6:01
have a great weekend 6:03 [Music] 6:14 [Applause] 6:14 [Music] 6:21 [Applause] 6:22 [Music]