“Could Emil Bove be disbarred for his handling of the Eric Adams case?”
— William Kemps, Saylorsburg, Penn.
Hi William,
In shocking letters that became public last week, federal prosecutors in New York raised ethical issues with Trump Justice Department lawyer Emil Bove’s conduct in the Eric Adams case. A bar complaint filed against Bove this week cites their damning words in urging New York authorities to investigate the acting deputy attorney general, who is licensed to practice in that state. We don’t yet know what, if anything, this will lead to, but examining the letter can help us understand the issues involved.
The complaint comes from the watchdog group American Oversight. It argues that “a full investigation will demonstrate that Mr. Bove likely violated multiple provisions of Rule 8.4 of New York’s Rules of Professional Conduct based on the highly improper and unethical nature of Mr. Bove’s actions leading to a motion to dismiss charges against New York City Mayor Eric Adams.”
Here are the specific provisions the group cites:
• Rule 8.4(c) states (in part): “A lawyer … shall not: … engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Bove’s demand that attorneys seek dismissal of the Adams charges before a federal court likely required dishonesty and misrepresentations.
• Rule 8.4(d) states (in part): “A lawyer … shall not: … engage in conduct that is prejudicial to the administration of justice.” Bove’s actions sought to hurt the administration of justice in the Adams case. His actions, however, have implications well beyond that case. It is axiomatic that the rule of law depends on its uniform application without fear or favor. Subjecting charging decisions to political motivations upends that rule.
• Rule 8.4(h) states (in part): “A lawyer … shall not: … engage in any other conduct that adversely reflects on the lawyer’s fitness as a lawyer.” Comment [1] to Rule 8.4 states that “lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another, as when they request or instruct an agent to do so on their behalf.” Based on reported facts, Bove attempted to induce other lawyers to engage in unethical behavior violating the Rules of Professional Conduct. The complaint concludes by asking the state’s Attorney Grievance Committee for the First Department (which covers Manhattan) to investigate Bove and “impose appropriate discipline.” Again, we don’t know what, if any, discipline the committee might find appropriate. Generally, there are potential consequences well below disbarment, such as admonishment, reprimand, censure or suspension. But we’ll learn how the relevant authorities respond to Bove and at least one other Trump DOJ official, with a recent complaint filed against his interim U.S. attorney in the District of Columbia, Ed Martin. As ever, we will learn the limits of how far lawyers can go in service of Trump while staying out of prison and keeping their law licenses. Have any questions or comments for me? I’d love to hear from you! Please email deadlinelegal@nbcuni.com for a chance to be featured in a future newsletter.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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