Kristi Noem’s Goons Engage in what Emil Bove Calls Election Interference
Update: Lander has been released. He lost a button. The charges were dropped.
Further update: The key to Lander’s release was the superb, immediate reporting from The City and Hell Gate. If you are so inclined, please consider a donation.
According to a reporter from The City, Federal agents just detained NYC Comptroller Brad Lander as he accompanied someone from an immigration hearing.
This comes after early voting in the Mayoral primary has already started.
Just as importantly, it comes four months after DOJ dismissed a years-long investigation into Eric Adams for alleged foreign influence peddling because of this very primary.
Back in February, the government provided two bases to excuse their bid to dismiss the prosecution against Adams: because being subjected to the prosecution amounted to election interference, and also interfered with his ability to carry out his duties as Mayor.
5. In connection with that determination and directive, the Acting Deputy Attorney General concluded that dismissal is necessary because of appearances of impropriety and risks of interference with the 2025 elections in New York City, which implicate Executive Order 14147, 90 Fed. Reg. 8235. The Acting Deputy Attorney General reached that conclusion based on, among other things, review of a website2 maintained by a former U.S. Attorney for the Southern District of New York and an op-ed published by that former U.S. Attorney.3
6. In connection with that determination and directive, the Acting Deputy Attorney General also concluded that continuing these proceedings would interfere with the defendant’s ability to govern in New York City, which poses unacceptable threats to public safety, national security, and related federal immigration initiatives and policies. See, e.g., Executive Order 14159, 90 Fed. Reg. 8443; Executive Order 14165, 90 Fed. Reg. 8467. The Acting Deputy Attorney General reached that conclusion after learning, among other things, that as a result of these proceedings, Adams has been denied access to sensitive information that the Acting Deputy Attorney General believes is necessary for Adams to govern and to help protect the City.
Judge Dale Ho repeatedly asked Emil Bove about his claim that the long-standing prosecution against Eric Adams constituted election interference (as well as about the claim it interfered with his ability to carry out his duties).
THE COURT: OK. There is also a reference, I think, in the paragraph to interference with the 2025 mayoral election. I have a similar question here, and it’s whether or not that’s a representation about the purpose or the effect of the prosecution or both?
MR. BOVE: I mean, frankly, I think the fact that Mayor Adams is sitting to my left right now is part of the problem. He’s not able to be out running the City and campaigning. I think that is actual interference with the election.
THE COURT: It’s having that effect.
MR. BOVE: Correct. I think the pendency of this motion right now has that effect.
THE COURT: OK.
[snip]
THE COURT: My understanding of that rationale is that it arises from a defendant’s status as a candidate. That it’s because, at least that portion about election interference, I mean, it’s because the defendant in this case is a candidate for office, not because he’s a public official. So, in other words, that rationale could apply to a candidate who’s not a public official?
MR. BOVE: Correct.
THE COURT: And it wouldn’t apply to a public official who’s not a candidate, so an unelected public official or a retiring public official or retired public official wouldn’t apply, the election interference component of what you’re applying to?
MR. BOVE: It applies to candidates. [my emphasis]
“I think that is actual interference with the election,” a (still) top-ranking DOJ official told a Federal judge about a prosecution of one of the candidates in the NYC primary for Mayor.
And then, four months later, Federal agents detained one of his opponents, after the election had already started (to say nothing of interfering with his ability to govern).
By Emil Bove’s standards, Kristi Noem’s goons just violated the law.