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.

The ‘Presumption of Regularity’ Is Evaporating

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.