Tuesday, August 05, 2025

Judges Openly Doubt Government as Justice Dept. Misleads and Dodges Orders

Legal experts say the actions causing concern from the bench could have a more systemic effect, eroding the healthy functioning of the courts.

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A Washington Post analysis found President Trump and his appointees allegedly defied court orders in a third of over 160 lawsuits with substantive rulings, which experts say pose an unprecedented threat to the U.S. legal system.

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-- The Washington Post (@washingtonpost.com) Jul 21, 2025 at 8:45 AM

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More: The dissolution of these traditional bonds of trust " known in legal circles as the presumption of regularity " goes well beyond judges' use of blunt words " "egregious," "brazen," "lawless" " to describe the various parts of Mr. Trump's power-grabbing policy agenda.

Ultimately, legal experts say, the actions that caused such doubts among judges about the department and those who represent it could have a more systemic effect and erode the healthy functioning of the courts.

"I think people don't fully appreciate how much the ability of the legal system to work on a daily basis rests on the government's credibility," said Stephen I. Vladeck, a Georgetown University law professor. "Without that credibility, it's going to be harder for the government to do anything in court " even ordinary things. All of a sudden, you're going to have courts second-guessing things that they wouldn't have before."

While it is impossible to know for sure how deeply this distrust has set in among judges across the country, a number of judges in recent weeks have openly questioned the fundamental honesty and credibility of Justice Department lawyers in ways that would have been unthinkable only months ago.

In June, for instance, an order was unsealed in Federal District Court in Washington showing Magistrate Judge Zia M. Faruqui ripping into prosecutors after they tried to convince him that he needed to be "highly deferential" to their request to keep sealed a search warrant in an ordinary criminal case.

"Blind deference to the government?" Judge Faruqui wrote. "That is no longer a thing. Trust that has been earned over generations has been lost in weeks."

After all, as the judge pointed out, Justice Department lawyers under Mr. Trump have done much to destroy the confidence normally afforded them in court.

They have fired prosecutors who worked on Mr. Trump's two criminal cases, he said. They have attacked the charges brought against the rioters who stormed the Capitol on Jan. 6, 2021, as a witch hunt. And they have violated judicial orders in cases stemming from Mr. Trump's deportation policies and from his efforts to freeze federal grants.

"These norms being broken must have consequences," Judge Faruqui concluded. "High deference is out; trust but verify is in."

#1 | Posted by qcp at 2025-08-05 08:46 AM

Even more FTA: Judges are not the only players in the legal system who have shown a measure of distrust in the Justice Department. In an almost unheard-of move, federal grand juries in Los Angeles have been refusing to indict many defendants whom prosecutors have sought to charge in connection with immigration protests, according to recent news reports.

That situation underscored how the courts can work successfully only if people outside of government " jurors and witnesses, for instance " believe that the Justice Department is acting honestly, said Daniel C. Richman, a law professor at Columbia who recently wrote in The New York Times about the "credibility crisis" the department is facing.

"When the government loses credibility, you see it clearly in the reactions of other players in the legal system," Mr. Richman said. "That's the road we're on for now " unless something changes soon."

#2 | Posted by qcp at 2025-08-05 08:50 AM

Republicans have been wishing their whole lives for a President who is above the law.

#3 | Posted by snoofy at 2025-08-05 09:04 AM

The American government is an honor system. MAGA has no honor.

#4 | Posted by TFDNihilist at 2025-08-05 01:29 PM

tRump is a lying piece of ----. Jeff gargles his -------.

#5 | Posted by LegallyYourDead at 2025-08-05 04:13 PM

Republican are just doing their job.. claiming that government is broken and not to be trusted. Then, after finally getting elected, (with only the slimmest of margins) proving it beyond any shadow of a doubt.

#6 | Posted by donnerboy at 2025-08-06 10:31 AM

This is the Republicans last chance to shoot their load and if it doesn't work Trump is in the Epstein Files.

#7 | Posted by lee_the_agent at 2025-08-06 10:50 AM

Judges have stopped believing the bs.

#8 | Posted by fresno500 at 2025-08-06 11:44 AM

Until judges start holding gov't actions in contempt, nothing's going to change. Force the issue before it becomes SOP for the gov't to disobey court orders. Let the voters see how the government is disobeying court orders.

I guess no judge wants to initiate a constitutional crisis. Get it done and let the politicians line up on the side of Trump or the constitution. That will allow voters to know who the traitors are and they can act accordingly.

The judge in NYC that didn't sentence Trump to prison made a serious mistake!

#9 | Posted by FedUpWithPols at 2025-08-06 08:36 PM

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