Government lawyers 'trapped' between 'skeptical judges' and Trump 'policies they cannot explain'

Department of Justice (DOJ) lawyers representing the Trump administration’s aggressive efforts to implement his agenda are reportedly struggling to defend its actions before "skeptical judges."

The lawyers' attempts to try and explain the administration's action have led to a "series of courtroom clashes between increasingly skeptical judges and the beleaguered lawyers responsible for defending the government’s positions, which some have come to see as indefensible," said a report published by the New York Times Monday.

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Career lawyers working for the government have historically advocated for the objectives of either Republican or Democratic administrations, irrespective of their own beliefs. However, they now express a growing sense of being caught between Trump’s politically appointed officials, who push for an extreme approach, and judges who expect clear responses.

"The Justice Department’s thinned-out civil division has borne the brunt of the growing conflict. Inside the division, the strains of pushing the legal limits on topics as varied as mass deportations, spending power and punishing law firms are taking a major toll," the report says.

"Government litigators, their ranks increasingly depleted, often find themselves in court with few facts to defend policies they cannot explain, according to current and former officials," it adds.

The piece includes an unusual exchange from a recent court hearing regarding an executive order that aimed to prevent the law firm Jenner & Block from working with the federal government. Judge John Bates of the Federal District Court in Washington D.C. challenged government attorney Richard Lawson to clarify the White House's stance on the firm as a national security risk.

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Lawson explained that the concern stemmed from a former employee of Jenner & Block, who previously served as a deputy to Robert S. Mueller III during the investigation into Trump’s alleged connections to Russia.

The judge pointed out that Weissmann's departure from the firm occurred several years ago. “You’re not really going to tell me that having someone employed four years ago poses some kind of national security threat?” the judge asked.

"Not per se, no,” the lawyer said, prompting laughter from some in the courtroom. Questioned further by the judge, Lawson changed course, declaring that “the national security interests are not critical.”

The hearing featured some other unusual aspects. While hurrying between courtrooms for two urgent hearings related to Trump’s attempt to undermine the efforts of law firms, he found himself sitting alone, without a career lawyer to support him.

The judge asked Lawson why he was doing it all on his own. “The Department of Justice has a lot of lawyers,” he asked. “Why is this all on you, Mr. Lawson?”

He said none of his colleagues were available. “I, frankly, was supposed to be in Florida, but here I am,” he added.

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