Criminal defense attorney Jon May critiques Professor Alan Dershowitz’s defense of the Department of Justice’s decision to dismiss criminal charges against New York Mayor Eric Adams and argues that the deal is unlike typical plea bargains in federal criminal cases. Mr. May contends that Adams’s agreement, which involves no criminal penalty, dangerously expands the scope of prosecutorial discretion and could lead to a system where defendants barter extrajudicial favors to avoid prosecution, undermining principles of justice.
Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on the recent news that the Justice Department will seek dismissal of charges against Michael Flynn. Sarat suggests that because the decision does not seem to advance the fair administration of justice in this case, the court should take the unusual step of refusing to grant the prosecutor’s motion to dismiss.