The ‘Presumption of Regularity’ Is Evaporating
The article discusses a shift in the American judicial system where judges are becoming increasingly skeptical of the Department of Justice under the Trump administration. Defense lawyers are successfully challenging government actions by questioning the 'presumption of regularity' that previously protected federal prosecutions.
Why it matters
This represents a significant shift in legal precedent that could fundamentally alter how federal criminal cases are litigated and defended.
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.
The framing uses strong language like 'flamboyant dishonesty' and 'abused his authority,' reflecting a critical stance toward the administration.
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