One feature of the current moment is that there are so many things going on, so much corruption and wrongdoing that it is hard to focus on any one thing. What would otherwise be historic scandals blow by almost unnoticed. Today I wanted to zero in on a couple storylines we should all be following.
One comes from the Broadview Six/Four case. I explained the outlines of the story here. It’s now being referenced in numerous federal cases to persuade judges to deny prosecutors the presumption of “regularity,” i.e. the foundational assumption that the government is following the rules and operating in good faith in its prosecutions. The end of the Kilmar Abrego Garcia case is getting similar treatment. But there’s clearly a deeper scandal brewing here, especially with grand juries. It’s not clear to me how much of this is coming from explicit instructions from the DOJ to violate the rules or simply a climate of permissive lawlessness in which prosecutors start breaking the rules because they see their superiors doing the same.