Trump directing DOJ officials behind the scenes to turn the screws on Manhattan prosecutors could allow Trump to distance himself from the matter, offering a potentially cleaner, more hands-off approach than a pardon for Adams. It would also bolster Adams’ argument that the charges should never have been brought.
“That’s sort of a typical Trumpian tactic. He uses unofficial channels oftentimes rather than official ones,” Kevin O’Brien, a partner at Ford O’Brien Landy LLP and former federal prosecutor for New York’s Eastern District, told Law360.
The so-called “no-contact” policy outlined in Garland’s memo is rooted in a practice that dates back to 1979 during Jimmy Carter’s presidency. But that policy is, essentially, an “aspiration or an ideal,” not a hard-and-fast rule, O’Brien said.
