Here We Go Again: Federal Judges Should Review Prosecutions From The Trump DOJ “Through a Different Lens”
A common thread during the first Trump Administration was that this presidency was not “normal” and courts should not “normalize” it. Advocates and scholars on the left argued that the Trump administration should not be entitled to the “presumption of regularity.” Professor Dawn Johnson, for example, lectured the Seventh Circuit Judicial Conference that “Courts attend to reality and context, and they can and should adapt their screens of deference when circumstances so indicate.” And so on. I wrote about these developments at some length.
Now, with Trump 2.0 about to start, we are already seeing similar pleas. In The New York Times, Nancy Gertner (a retired Clinton appointee) and Joel Cohen (a retired prosecutor) offer advice of how judges should review prosecutions by the Trum
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