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New team of DOJ lawyers is taking over census case. (Original Post)
Gothmog
Jul 2019
OP
tRump says, "Listen here, we are going to have some of the best people, I mean really the best...
ProudLib72
Jul 2019
#5
struggle4progress
(118,282 posts)1. "New lies call for new faces!"
Gothmog
(145,195 posts)16. Sometimes a Justice Department lawyer must just say 'no'
From the Washington Post https://www.washingtonpost.com/opinions/2019/07/08/somtimes-doj-lawyer-must-just-say-no/?utm_term=.8047534f232a
Mimi Rocah, a former prosecutor, surmises: There are DOJ lawyers not willing to lose their integrity with the courts for Trump. Im proud to see that. And judges will notice too.
Others agree that swapping out lawyers is highly unusual. Its extraordinary and downright bizarre to see the government parachute in new lawyers at this late stage of the litigation, says legal scholar Joshua Matz. If past is prologue, this may indicate that were about to see some extremely sketchy moves that the existing team was unwilling to take for professional or reputational reasons. That the administration would have to go so far afield, to recruit consumer protection lawyers, suggests that the entire federal programs branch of the Justice Department is unwilling to defend whatever the administration plans to file.
This is not the first time in this presidency a set of lawyers has dropped out of a case brought on specious grounds. In the case seeking to invalidate the entire Affordable Care Act, three career attorneys withdrew without signing onto a brief many considered legally preposterous.....
Not to put too fine a point on it, but what these lawyers do will have profound consequences for the country and their careers. Constitutional scholar Larry Tribe warns, The Department of Justice cannot avoid the long-term credibility cost to its litigating posture of contradicting itself in successive filings simply by changing the names of the career DOJ lawyers on the pleadings or by bringing new faces into court. If thats the aspiration, its not going to succeed.
The new team of lawyers should think very carefully before accepting an assignment from an attorney general not above misrepresenting the work of a special counsel or adopting the role of the presidents private counsel.
Others agree that swapping out lawyers is highly unusual. Its extraordinary and downright bizarre to see the government parachute in new lawyers at this late stage of the litigation, says legal scholar Joshua Matz. If past is prologue, this may indicate that were about to see some extremely sketchy moves that the existing team was unwilling to take for professional or reputational reasons. That the administration would have to go so far afield, to recruit consumer protection lawyers, suggests that the entire federal programs branch of the Justice Department is unwilling to defend whatever the administration plans to file.
This is not the first time in this presidency a set of lawyers has dropped out of a case brought on specious grounds. In the case seeking to invalidate the entire Affordable Care Act, three career attorneys withdrew without signing onto a brief many considered legally preposterous.....
Not to put too fine a point on it, but what these lawyers do will have profound consequences for the country and their careers. Constitutional scholar Larry Tribe warns, The Department of Justice cannot avoid the long-term credibility cost to its litigating posture of contradicting itself in successive filings simply by changing the names of the career DOJ lawyers on the pleadings or by bringing new faces into court. If thats the aspiration, its not going to succeed.
The new team of lawyers should think very carefully before accepting an assignment from an attorney general not above misrepresenting the work of a special counsel or adopting the role of the presidents private counsel.
rurallib
(62,413 posts)2. New lies, coming right up!
SHRED
(28,136 posts)3. Any changes to the Census come from Congress
Why is the DOJ involved?
TreasonousBastard
(43,049 posts)6. AFIK, because Commerce was sued to stop the citizenship question.
Gothmog
(145,195 posts)4. From Hasen Electoin law blog
ProudLib72
(17,984 posts)5. tRump says, "Listen here, we are going to have some of the best people, I mean really the best...
... and once this question gets on the census, which is will I'm sure because it's really legal, after it's on the census, we will be able to get that number of people I lost the popular vote to down to an even 3 million, which is going to be the best ever because then America will see just how legitimate I am."
Gothmog
(145,195 posts)13. Some DOJ lawyers are bailing
DURHAM D
(32,609 posts)7. So the DOJ will be committing treason. nt
elleng
(130,895 posts)8. Not exactly:
'the crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.'
Lawyers violating their duties as members of the bar (of whatever states admitted them.)
DURHAM D
(32,609 posts)12. They are helping the dictator overthrow the government so I am just
going to go ahead and call it treason.
Grasswire2
(13,569 posts)9. this bottom tweet part is important -- pollitical appointees on the team
Gothmog
(145,195 posts)17. The DOJ attorney's may not be allowed to withdraw
Gothmog
(145,195 posts)10. According to Dale HO of the ACLU-DOJ attorney bailed on case because of they did not want to lie
Gothmog
(145,195 posts)11. Neal Katyal is curious
Gothmog
(145,195 posts)14. From Prof. Tribe
Gothmog
(145,195 posts)15. Washington Post-Opinion: Trump's corruption is getting worse.
Link to tweet
The Justice Department just announced that it will swap out the lawyers who are representing the administration in the legal battle over the effort to add a citizenship question to the 2020 Census. This battle continues because Trump ordered the administration to keep fighting to add the question, even though officials had surrendered after the Supreme Court ruled against it.
As The Post reports, the change in the legal team might signal legal or ethical concerns about Trumps handling of the affair. One source said such concerns were harbored by some career attorneys.
It gets worse. A Justice Department lawyer tells the New York Times that due to the switch, no lawyers from the division that defends administration policies in court the federal programs branch will be working on the case.
The Times adds that the move strongly suggests that career lawyers decided to quit a case that at the least seemed to lack a legal basis, or worse, could force them to defend statements that could well turn out to be untrue.
As The Post reports, the change in the legal team might signal legal or ethical concerns about Trumps handling of the affair. One source said such concerns were harbored by some career attorneys.
It gets worse. A Justice Department lawyer tells the New York Times that due to the switch, no lawyers from the division that defends administration policies in court the federal programs branch will be working on the case.
The Times adds that the move strongly suggests that career lawyers decided to quit a case that at the least seemed to lack a legal basis, or worse, could force them to defend statements that could well turn out to be untrue.
Gothmog
(145,195 posts)18. More attorneys are withdrawing
Gothmog
(145,195 posts)19. A second federal judge has refused to let attorneys withdraw