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

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