{"id":136368,"date":"2025-11-05T17:52:00","date_gmt":"2025-11-06T01:52:00","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/11\/05\/doj-gives-judge-heads-up-they-have-zero-plan-to-actually-listen-to-him\/"},"modified":"2025-11-05T17:52:00","modified_gmt":"2025-11-06T01:52:00","slug":"doj-gives-judge-heads-up-they-have-zero-plan-to-actually-listen-to-him","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/11\/05\/doj-gives-judge-heads-up-they-have-zero-plan-to-actually-listen-to-him\/","title":{"rendered":"DOJ Gives Judge Heads Up They Have Zero Plan To Actually Listen To Him"},"content":{"rendered":"

The Department of Justice has come up with a fairly unique litigation strategy in the paper-thin case against New York Attorney General Letitia James: antagonize the judge overseeing the case. I know, BOLD!<\/p>\n

U.S. District Judge Jamar Walker ordered the government to provide discovery to James\u2019s legal team related to their vindictive\/selective prosecution argument. But instead of getting their documents in order, the DOJ went all Bartleby, the Scrivener, saying they prefer not to.<\/p>\n

Yesterday, the government filed \u201cNotice Of Reasons For Not Providing Pre-Vindictive\/Selective Prosecution Motion Related Discovery.\u201d Which was just a fancy way of saying the DOJ was going to go all Eric Cartman and do what they want and ignore the judge. The filing, signed by Roger Keller Jr., brought in from the Missouri office to give an assist to the woefully inexperienced interim U.S. Attorney\u00a0Lindsey Halligan, is a wild romp (for a court document) that attempts to impose the government\u2019s will on the court.<\/p>\n

\n

\u201cIn the October 24, 2025, proceeding, the Court instructed the United States of America (the Government) to provide Defendant with vindictive\/selective prosecution-related discovery before she filed any such motion. The Court\u2019s instruction is premature as the Government bears no such obligation until a defendant \u2018overcomes a significant barrier by advancing objective evidence tending to show the existence of prosecutorial misconduct. This standard is a \u2018rigorous\u2019 one.’\u201d<\/p>\n

And there\u2019s more! Keller continues that the law \u201cdoes not \u2018allow[ ] a defendant to have discovery on the government\u2019s prosecutorial decisions [until] the defendant \u2026 overcome[s] a significant barrier by advancing objective evidence tending to show the existence of prosecutorial misconduct.\u201d<\/p>\n<\/blockquote>\n

\n

\u201cThe Order to produce vindictive\/selective prosecution-related discovery before Defendant filed her motion relieved her of her obligation to overcome the prosecution\u2019s presumptive lawfulness with \u2018evidence tending to show the existence of prosecutorial misconduct,’\u201d the filing reads. \u201cThe Government is not required to produce vindictive\/[selective] prosecution-related discovery until Defendant overcomes the presumption of the prosecution\u2019s lawfulness.\u201d<\/p>\n<\/blockquote>\n

What an absolutely insane thing to read in a DOJ filing! No motion to reconsider the court\u2019s order, just a bold proclamation \u2014 nah, we\u2019re not doing that. What a thoroughly odd response. Don\u2019t believe me? Well, let\u2019s check in with a conservative legal commentator. <\/p>\n

\n
\n
\n

Ah, this isn\u2019t likely to work out well. (And who came up with that incomprehensible title for the document?) https:\/\/t.co\/eO7ZHJvP5r<\/a><\/p>\n

\u2014 Ed Whelan (@EdWhelanEPPC) November 4, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

When the far-right legal strategy is so far afield you have Ed Whelan \u2014 the man who will gladly peddle conspiracy theories<\/a> for the cause \u2014 balking, methinks you\u2019ve gone too far.<\/p>\n

Judge Walker certainly thinks so. <\/a><\/p>\n

\n

\u201cThe Court has received the government\u2019s filing regarding discovery on the issue of vindictive and\/or selective prosecution. The Order on the parties\u2019 jointly recommended discovery plan governs discovery in this case,\u201d the judge said. \u201cTo the extent any discovery dispute arises, the parties may address it in a motion.\u201d<\/p>\n<\/blockquote>\n

Looks like he\u2019ll be keeping a pretty tight leash on the parties.<\/p>\n

Read the full filing below.<\/p>\n

gov.uscourts.vaed.583341.46.0<\/a>Download<\/a><\/div>\n
\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast<\/a>, and co-host of Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email her<\/a> with any tips, questions, or comments and follow her on Twitter @Kathryn1<\/a>\u00a0or Mastodon @Kathryn1@mastodon.social.<\/a><\/em><\/strong><\/p>\n

The post DOJ Gives Judge Heads Up They Have Zero Plan To Actually Listen To Him<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"<\/figure>\n

The Department of Justice has come up with a fairly unique litigation strategy in the paper-thin case against New York Attorney General Letitia James: antagonize the judge overseeing the case. I know, BOLD!<\/p>\n

U.S. District Judge Jamar Walker ordered the government to provide discovery to James\u2019s legal team related to their vindictive\/selective prosecution argument. But instead of getting their documents in order, the DOJ went all Bartleby, the Scrivener, saying they prefer not to.<\/p>\n

Yesterday, the government filed \u201cNotice Of Reasons For Not Providing Pre-Vindictive\/Selective Prosecution Motion Related Discovery.\u201d Which was just a fancy way of saying the DOJ was going to go all Eric Cartman and do what they want and ignore the judge. The filing, signed by Roger Keller Jr., brought in from the Missouri office to give an assist to the woefully inexperienced interim U.S. Attorney\u00a0Lindsey Halligan, is a wild romp (for a court document) that attempts to impose the government\u2019s will on the court.<\/p>\n

\n

\u201cIn the October 24, 2025, proceeding, the Court instructed the United States of America (the Government) to provide Defendant with vindictive\/selective prosecution-related discovery before she filed any such motion. The Court\u2019s instruction is premature as the Government bears no such obligation until a defendant \u2018overcomes a significant barrier by advancing objective evidence tending to show the existence of prosecutorial misconduct. This standard is a \u2018rigorous\u2019 one.’\u201d<\/p>\n

And there\u2019s more! Keller continues that the law \u201cdoes not \u2018allow[ ] a defendant to have discovery on the government\u2019s prosecutorial decisions [until] the defendant \u2026 overcome[s] a significant barrier by advancing objective evidence tending to show the existence of prosecutorial misconduct.\u201d<\/p>\n<\/blockquote>\n

\n

\u201cThe Order to produce vindictive\/selective prosecution-related discovery before Defendant filed her motion relieved her of her obligation to overcome the prosecution\u2019s presumptive lawfulness with \u2018evidence tending to show the existence of prosecutorial misconduct,’\u201d the filing reads. \u201cThe Government is not required to produce vindictive\/[selective] prosecution-related discovery until Defendant overcomes the presumption of the prosecution\u2019s lawfulness.\u201d<\/p>\n<\/blockquote>\n

What an absolutely insane thing to read in a DOJ filing! No motion to reconsider the court\u2019s order, just a bold proclamation \u2014 nah, we\u2019re not doing that. What a thoroughly odd response. Don\u2019t believe me? Well, let\u2019s check in with a conservative legal commentator. <\/p>\n

When the far-right legal strategy is so far afield you have Ed Whelan \u2014 the man who will gladly peddle conspiracy theories<\/a> for the cause \u2014 balking, methinks you\u2019ve gone too far.<\/p>\n

Judge Walker certainly thinks so. <\/a><\/p>\n

\n

\u201cThe Court has received the government\u2019s filing regarding discovery on the issue of vindictive and\/or selective prosecution. The Order on the parties\u2019 jointly recommended discovery plan governs discovery in this case,\u201d the judge said. \u201cTo the extent any discovery dispute arises, the parties may address it in a motion.\u201d<\/p>\n<\/blockquote>\n

Looks like he\u2019ll be keeping a pretty tight leash on the parties.<\/p>\n

Read the full filing below.<\/p>\n

gov.uscourts.vaed.583341.46.0<\/a>Download<\/a><\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast<\/a>, and co-host of Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email her<\/a> with any tips, questions, or comments and follow her on Twitter @Kathryn1<\/a>\u00a0or Mastodon @[email\u00a0protected].<\/a><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

The Department of Justice has come up with a fairly unique litigation strategy in the paper-thin case against New York Attorney General Letitia James: antagonize the judge overseeing the case. I know, BOLD! U.S. District Judge Jamar Walker ordered the government to provide discovery to James\u2019s legal team related to their vindictive\/selective prosecution argument. But […]<\/p>\n","protected":false},"author":3,"featured_media":136369,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-136368","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/11\/IMG_5243-1-scaled-e1623338814705-620x568-BQH6W0.jpg?fit=620%2C568&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/136368","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=136368"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/136368\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/136369"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=136368"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=136368"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=136368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}