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.
