A former federal prosecutor believes judges fed up with President Donald Trump’s Justice Department are using a tactic every parent knows.
Joyce Vance, a former U.S. attorney for the Northern District of Alabama, said on Wednesday’s episode of “Civil Discourse with Joyce Vance” with legal expert Katie Phang that courts start treating the government with “progressive discipline” once it breaks a judge’s trust.
“Once a judge, once the government loses faith with the judge, the courts start to subject the government to progressive discipline,” Vance said. “It’s a little bit like having children and scrutiny and forcing people to fly in and go into court and testify. And courts can put a lot of pressure on the government that makes things very uncomfortable.”
Vance acknowledged that judges face real limits in forcing the Trump administration’s hand. “The problem is the courts don’t have armies to run out and enforce their orders, and they’re not going to be putting Donald Trump in jail,” she said. “Sorry, not going to happen here.”
She still expects that “some court is going to rip the Band-Aid off and hold the government in full-blown contempt,” but argued the pressure in the meantime carries its own weight.
“We have seen this administration back down before in the face of sustained pressure,” Vance said. “So this sort of, you know, you’re almost in contempt sort of position that the government is in with the courts can in some ways be even more compelling if we want to see them held accountable.”
Vance pointed to U.S. District Judge Ana Reyes, who is overseeing the case over the Trump administration cutting down hundreds of trees at East Potomac Park in Washington, D.C., over the weekend despite a court order. Reyes had initially rejected the plaintiffs’ push for tighter limits on the government.
“She gave them all the rope that they needed to hang themselves, right? She said, I trust you. Come in, give me 30 days’ notice,” Vance said. “Judge Reyes will not be fooled again. So now she’s got the government on this incredibly short leash.”
Phang said Reyes spoke “on the record with a level of emotion we don’t usually see from a federal judge,” and argued the bench should stop extending the Justice Department the benefit of the doubt.
“The federal judiciary needs to actually look at this Department of Justice and this administration, assuming they’re coming from a place of bad faith,” Phang said. “I hate to say this, but it’s true.”
Yesterday’s Deluge by Joyce Vance
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