NY Trial Attorney David Schwartz @NewsmaxTV Talking About NYC Mayor Adam's Corruption Case @judgingfreedom

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welcome back to the freedom file once
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again I'm here with former Federal
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prosecutor Doug Burns and civil and
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criminal defense attorney David Schwarz
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I want to get right back to the
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conversation we're having about bribery
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in the case against mayor Adams Doug uh
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to you first uh this time why is it that
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prosecutors can offer something of value
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to a witness to tailor the witness's
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test testimony and if anybody else did
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that like defense counsel he'd be
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indicted for witness tampering well it's
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the word tailor which has a little bit
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of room to argue in but you've been
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through this you know it's tailoring
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course of course but the fact of the
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matter is um they make the lame argument
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oh no no no all we're doing is offering
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you some leniency in return for the
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truth and of course I'm smiling because
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who determines what the truth is when
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you're sitting in that conference room
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so you're right
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I mean of course I mean the prosecutor
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wants to hear what they want to hear
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they want to hear inculpatory
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information against the bigger player in
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the case if they don't hear that all of
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a sudden they're not going to be lenient
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if they start hearing that then they're
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happy and they will be lenient so I
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don't disagree with your scholarship
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your writing about this bribery concept
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but at the same time the criminal
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justice system would just completely
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fall on its face David this is another
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sort of damle situation is it not where
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the prose utor holds the sort of dles
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over the witness's head if you testify
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the way we want we don't prosecute you
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or we enter into a a lame plea agreement
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but if the words don't come out of your
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mouth that we like we go back to
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Prosecuting You full boore if you made a
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threat like that or an offer like that
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to a witness the government would come
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after you right right so as a former
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prosecutor that the the scenario you
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laid out judge is a bad prosecutor you
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know sometimes there are meritorious
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situations where you need a cooperating
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witness when you have a felony murder
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and you you you you take the driver of
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that murder and you you get them to
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testify truthfully truthfully as to what
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they saw what they heard in that in that
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sitation but truthfully means whatever
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the prosecutor wants to hear in in in a
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lot of cases but I know when I was a
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prosecutor when Doug was a prosecutor
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you you're interviewing a defendant and
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they tell you their whole story and then
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you say okay we're going to make you
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into a cooperating witness to take down
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the other two defendants that's a
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meritorious situation and that happens
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most of the time what you laid out is is
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a a situation in reality that does
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happen and that's unfortunate judge yeah
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um Doug let's get back to Mayor Adams is
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there a sort of damle hanging over his
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head right now as we speak there is
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because of this language in the memo
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that I held up saying we're going to
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re-evaluate this case after the mayor
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election that was never should have been
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put in that memo if you take that out
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and it's just oh it's without prejudice
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To The World At Large yeah it seems that
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way but honestly all cases are dismissed
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that way so it's really not this is why
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politics and law don't mix judge I've
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said that a million times right right uh
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David how bad does it look when seven
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prosecutors ordered to do something by
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Washington each refused to do it and
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resign and in the case of several of
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them I only know them by reputation
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their reputations are extraordinary and
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excellent one of them so good Danielle
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Sassoon she was just made the temporary
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head of the office by none other than
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Donald Trump himself well first of all
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It's Not Unusual that prosecutors resign
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but in this particular case these
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prosecutors were Prosecuting a case
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which I believe they were forced to
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prosecute in the first place because no
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prosecutor in their right mind would
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would prosecute a case like this against
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mayor Adams for the allegations that
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were contained in that indictment so
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what was trying to be done is to really
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using the wrong way to undo a wrong in
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the first place obviously it's a blow to
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the justice department where you have
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good line prosecutors resigning from
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their job but you know what there's a
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lot of lawyers out there there'll be new
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lawyers to take their jobs Doug should
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the court go along with this or should
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the court say I'm not going to have
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anything to do with these a political
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Shenanigans I'm going to dismiss it with
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Pro with prejudice yeah well that you
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know there's a huge conundrum which is
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the judge has the right legally to
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inquire into whether he or she thinks
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that the deal was improper but it leaves
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them nowhere they can't force the
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government to do the case so to your
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point the judge is going to say because
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technically uh be a little bit of a nerd
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in the weeds I don't think technically
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the judge can direct the dismissal that
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way it's up to the prosecutors judge
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should say guys
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you should seriously consider dismissing
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this with prejudice let's take a
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10-minute break we'll come back you tell
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me what you want to do we're going to
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take a two-minute break and when when we
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come back we will delve even more deeply
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uh into all of this when the freedom
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file returns
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