A fired Justice Department lawyer accuses the agency of planning to defy court orders

[WestMichRad]

7. This is a big deal and his accusations deserve great attention.

There is a “presumption of regularity” under which judges assume that government lawyers are acting in good faith and providing accurate and truthful information to the courts. Judges give government lawyers considerable deference in this regard, and it generally biases a judge’s decision in favor of the government.

If government lawyers are demonstrably withholding information and defying court orders, they deserve no such deference. I’m hopeful that judges will see that this behavior by government lawyers and stop giving them this preferential treatment.