10/06/2026
Fink & Katz partner Philip Katz has an article in today's New York Law Journal Online, "Prosecution by Press Conference."
The piece takes no position on any pending matter. It addresses a question the legal community has long asked: what standard should bind an executive who stands above the prosecutor? Drawing on New York's constitutional structure and the Court of Appeals' decisions on gubernatorial superseder orders, Philip argues that New York got the structure right, that the Governor's recent order was lawful, and that the concern lies in what gets said after an order is signed.
He concludes that a prosecution that looks political carries a cost at trial, and that the complainant bears most of it. The remedy is not a new statute but a norm of executive restraint: let the order speak, choose the prosecutor for distance, and step away from the podium.
Read the full article here:
With the backdrop of recent events at Cornell University, Philip Katz argues that political involvement and public commentary can undermine trust in the fairness and independence of the criminal justice process.