The ‘Presumption of Regularity’ Is Evaporating
Judges have long defaulted to a posture of trust toward the federal government, but under Trump that is changing, and a new set of legal possibilities is emerging.
TL;DR
- Judges are becoming more skeptical of the Justice Department's integrity under the second Trump administration.
- Defense tactics like seeking grand-jury transcripts and claiming vindictive/selective prosecution are seeing more success.
- The James Comey case and the Broadview Six case are highlighted as turning points in challenging government actions.
- A body of caselaw is developing that allows defendants to push back against politically abusive prosecutions.
- Prophylactic measures, such as increased scrutiny of "no true bills," are being implemented to deter prosecutorial misconduct.
- Despite these shifts, some politically motivated prosecutions still result in convictions.