Federal Judge John E. Jones: 'I don’t think in the annals of the Department of Justice, in the history of jurisprudence in the United States, we’ve ever seen anything close to this'

Across the country, federal judges are calling out Department of Justice lawyers, questioning in unprecedented ways whether they can be trusted to tell the truth or uphold centuries-old legal norms, reported ProPublica.

From Washington, D.C., to Rhode Island to Oregon, federal judges nominated by presidents from both parties, including Donald Trump, have zeroed in on what’s called “the presumption of regularity.” It essentially means that judges must presume that the government — whether it be federal prosecutors, an IRS auditor or an FBI agent — did their jobs according to the rules and in good faith.

Until Trump’s second term, which has seen an exodus of veteran DOJ lawyers and a transformative shift in priorities from issues like enforcing civil rights to instead defending a mass deportation agenda, this foundational tenet had rarely been discussed in federal courtrooms, former judges, lawyers and scholars say. But as Trump’s DOJ exhibits behavior that judges have called “unlawful,” “unethical,” “unseemly” or otherwise dishonest, adherence to that bedrock standard is now being questioned.

ProPublica reviewed hundreds of cases since Trump retook the White House in which judges criticized the actions of DOJ lawyers and found more than 40 in which they explicitly referenced the presumption of regularity. In many cases, judges have expressed frustration that they can no longer take the government at its word.

“Judges simply don’t believe the representations that are being made by United States attorneys, assistant United States attorneys and the like,” said John E. Jones, a former federal judge for the District of Pennsylvania, appointed by President George W. Bush.

“I don’t think in the annals of the Department of Justice, in the history of jurisprudence in the United States, we’ve ever seen anything close to this.”

In Rhode Island in May, Trump-appointed federal Judge Mary McElroy rebuked federal prosecutors’ conduct — saying they withheld information and misrepresented facts — as she quashed their requests for a subpoena in their investigation into a hospital’s care of transgender children. The judge alleged the DOJ had inappropriately claimed its investigation was operating out of Texas to secure subpoenas targeting sensitive medical records of patients in another state and that it falsely claimed the Rhode Island hospital hadn’t communicated with the department.

“The discrepancy between the honorable conduct expected of federal prosecutors and DOJ’s tactics in this case is unsettling,” McElroy wrote. “The Court cannot help but share the sentiment that ‘[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word — with little doubt about its intentions and stated purposes — no longer holds.’”

Judges have emitted a chorus of condemnations against the legal basis for some of Trump’s political agenda, including the mass firings of federal workers, an immigration dragnet that has imprisoned hundreds of U.S. citizens and retribution campaigns against the president’s political enemies.

In doing so, federal judges are imbuing forceful language into their orders in a way that scholars say signals to the Trump administration that the third branch of government is losing trust in the Justice Department.

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