A potential political twist in the criminal case of New York City Mayor Eric Adams could have significant implications for the U.S. Department of Justice's independence.

Legal experts are raising alarms over the unfolding relationship between President Donald Trump and Mayor Eric Adams, amid fears that Trump’s influence on the U.S. Department of Justice (DOJ) could undermine decades of policy designed to keep politics out of prosecutorial decisions. Trump has publicly criticized the handling of Adams' criminal case, in which the mayor is accused of accepting illegal foreign campaign contributions. He has even suggested the possibility of pardoning Adams, who is facing trial in April while seeking reelection.

Trump’s Interference: Behind the Scenes Influence?

Trump’s recent remarks about the fairness of the Manhattan federal prosecutors’ treatment of Adams, combined with meetings between Trump’s senior DOJ officials and Adams’ legal team, have stirred speculation. Some experts suggest that Trump could be pushing for the case to be dropped without directly intervening, using behind-the-scenes pressure to influence the outcome.

Kevin O'Brien, a former federal prosecutor and partner at Ford O'Brien Landy LLP, described Trump’s potential approach as a "typical Trumpian tactic"—using unofficial channels to sway the system without making it overtly political.

Legal Concerns: The "No-Contact" Policy at Risk

The growing interaction between Trump’s team and Adams’ legal representatives raises red flags about political influence on prosecutorial decisions. Under Attorney General Merrick Garland, a memo issued in 2021 reaffirmed the DOJ’s commitment to maintaining independence from the White House, specifically preventing any contact regarding criminal investigations. This policy, known as the "no-contact" rule, has been a cornerstone of the DOJ’s operations for over 40 years.

Jeffrey Bellin, a law professor at William & Mary, pointed out that this tradition is rooted in preserving the DOJ’s legitimacy and ensuring that prosecutions remain free from political pressure. "The DOJ has traditionally strongly resisted White House interference in individual cases," Bellin said.

The Potential Fallout: A Legal Shift on the Horizon?

Trump’s willingness to challenge these norms has raised concerns that the DOJ could abandon its nonpartisan stance, allowing political connections to guide prosecutorial decisions. Jon Sale, co-chair of Nelson Mullins Riley & Scarborough LLP’s white-collar practice, noted that a Supreme Court ruling earlier this year granted presidents broad immunity, including the ability to communicate with DOJ officials on criminal matters.

“If Trump successfully convinces the DOJ to seek the dismissal of Adams' case, it would completely undermine the independence of the Manhattan office,” Sale warned, pointing out that this could drastically shift the landscape of criminal prosecution, where influence and connections might dictate outcomes.

The Risks: Would the Justice System Be Undermined?

If Trump and his DOJ team succeed, it would likely put DOJ independence in jeopardy, creating a precedent where well-connected individuals might fare better in the criminal justice system. This could mark a return to influence peddling in prosecutorial decisions—a dangerous shift from the principle of equal justice under the law.

However, U.S. District Judge Dale E. Ho, overseeing Adams’ case, would need to approve any motion to dismiss from the Manhattan U.S. Attorney’s Office, which is far from guaranteed. Legal experts note that while judges generally defer to the executive branch, there are instances where they have refused such requests, as seen in the case of Michael Flynn, Trump’s former national security adviser.

A Dual Legal Battle: Trump vs. Adams?

While Trump’s DOJ may be trying to assist Adams, the former president is also locked in his own legal battle with Manhattan District Attorney Alvin Bragg. Bragg’s office secured a conviction against Trump in May 2024, and Trump is now seeking to overturn the charges related to falsifying business records. Should Trump push for Adams' case to be dismissed, Bragg’s office could still intervene, potentially pursuing state charges against the mayor, similar to what happened with Steve Bannon following his pardon.