Rule #1: Never Admit You’re Violating a Court Order

Rule #2: Accidents Happen and Can Be Great Excuses for Violating Court Orders

Rule #3: You Get to Interpret the Order

Rule #4: Always Appeal

Rule #5: Go After the Judge

Rule #6: Keep Your Lawyers Barefoot and Ignorant

Rule #7: Always Make Sure They’re Relieved You Didn’t Do Worse

Archived at https://web.archive.org/web/20250321111121/https://www.lawfaremedia.org/article/the-situation--how-to-get-away-with-violating-court-orders

  • dhork@lemmy.world
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    13 days ago

    This piece also succinctly describes (without saying so) why Trump’s lawyers (and now, US government lawyers) tend to sound like abject morons, and competent lawyers keep calling them out for their ineptitude. The job of a competent lawyer is to win a case. The job of these lawyers is to draw a case out without resolution, so that events overtake whatever the case was about.

    This has to be done skilfully, because if their tactics are too obvious, the judge will have more of a reason to take quick drastic action. The DoJ lawyers on this immigration case are masters at this. They keep insisting they have complied with all orders, and when asked for proof they reiterate that they have complied, but show no proof. This makes the judge slow down and pick apart their filings to show that they aren’t complying, because they know that their judgements will be appealed and they will need to show a justification for their actions. Meanwhile, these poor folks have been effectively disappeared and will never come back, even if the judge ends up ruling strongly against the Government.