Since Choose Ho appointed Paul Clement as an amicus within the Eric Adams case, I’ve been looking for a solution to a query: has there ever been a deferred prosecution settlement for a public official. The USA routinely enters into civil consent decrees with public officers. And america enters into deferred prosecution agreements with authorities contractors. No less than within the case of Boeing, the federal government was possible motivated by a priority that barring the aerospace large would influence American pursuits.
However I’ve requested round, and couldn’t discover a solution to my query about DPAs for public officers.
Clement’s brief makes this assertion:
There may be an inherent threat that after an indictment has been procured, the prospect of re-indictment may create the looks, if not the fact, that the actions of a public official are being pushed by issues about staying within the good graces of the federal government, relatively than the very best pursuits of his constituents. That prospect explains the absence of deferred prosecution agreements involving public officers.
Clement doesn’t provide a quotation. I notice it’s arduous to show a detrimental right here. How will you present that one thing has by no means occurred? What if the federal government has used a DPA for a public official? And although I take officer stuff rigorously, Clement doesn’t distinguish between elected and appointed officers. What about civil servants? Has there actually by no means been any particular person in authorities who acquired a DPA from the federal authorities? And if the reply is sure, then why would Mayor Adams be completely different.
I usually inform my college students to by no means say the phrase by no means. If somebody finds a single occasion the place one thing occurred, your argument is shot.
Let’s examine what turns up.
