Lawyers And Judges Chime In On The State Of Law

(Tetiana Yurchenko / Shutterstock)
Somewhere out there, some young boy or girl is driving around in daddy’s souped-up sports car without a care for consequences. It is not an unreasonable imagining, as stereotypes exist (for better or worse) because there are enough people who have known, who feel, or otherwise believe that such a person represented by the stereotype exists. Suffice to say, a young adult who is unburdened by the consequences of his actions, because of the connections or wealth of his parents, is at the least, a fable; one we see often enough in teen movies.
If it is a religious tale, then it is one of karma; if it isn’t, then it is a story of poetic justice: actions done without fear of consequences will eventually have consequences return to bite the person in the butt later. If one were to boil down the root, real takeaway from the aforementioned caricature of the privileged youth, it is not that they are evil or wrong in their actions, but that they do their actions without foresight. An evil person may still get away with their actions, as long as they pay heed to the possible outcomes of their actions witnessed by others.
“As citizens, we trust that federal prosecutors, when wielding this awesome power against a state, company, or certainly against vulnerable children, will play fair and be honest with its counterparts and the judiciary. (the) DOJ has proven unworthy of this trust at every point in this case.”
–U.S. District Judge Mary McElroy, an appointee of President Trump, said to President Trump’s Department of Justice, sending some of their lawyers to disciplinary proceedings, stating further that the “reckless disregard for the duty of candor for the duty owed to a federal court is appalling.”
UCLA Safeguarding Democracy Project and Brightline Watch partnered together for a survey, reaching out to lawyers from the American Law institute, the National Association of Former United States Attorneys, the American Academy of Appellate Lawyers, the leaders of the American Bar Association, state Attorneys General, as well as Law professors from the top fifty law schools in the United States – as well as judges, most whom serve at the District Court level.
21 Article III federal judges, 113 of the United States’ “elite lawyers” (as per the study), and over 193 law professors. With the judges, nearly half were appointed by conservative presidents and half by democratic, and all had served more than ten years on the bench.
Of all those legal roles listed above as per the survey,
“Nine in ten legal experts say the Trump administration has used the Department of Justice to go after enemies and to provide benefits to his allies.”
“More than Ninety Percent of legal experts believe the prosecution of New York Attorney General Letitia James and former FBI director James Comey were motivated by politics.”
“Eight in ten federal Officials fail to comply with court orders somewhat or very often.”
“Nearly one in five elite lawyers report that representation decisions by their firms have often been affected by fear of adverse action by government officials or agencies during the Trump Administration, compared to virtually none who say the same about the Biden administration.”
“Almost half of federal judges are concerned about harassment if they rule against the federal government.”
“On most rules of law and anti-corruption principles,” Both conservatives and liberals in the study rate the U.S. performance as poor.
This study goes on, and on, and on about just how cynical, and even seemingly depressed judges, professors, and attorneys are at the current state of the judiciary throughout the United States – even bringing to my attention how the government agency ICE disobeyed almost one-hundred court orders in Minnesota alone. Democracy Forward, a Washington Watchdog group, has tallied the total court cases that President Trump’s administration has faced. Of the six hundred or so, his administration has lost over seventy percent of all cases.
A Washington Post investigation found allegations of non-compliance in 35% of more than 160 lost cases in Trump’s second term. There is also the publicized three million documents from the Epstein case, which the Department of Justice hasn’t released to Congress, even though they are required by law to do so.
And, while not illegal, Former Federal Prosecutor Hagen Scotten (who clerked for Chief Justice John Roberts) seemed to allude that Trump’s Justice Department had asked him to drop a case against Eric Adams. Adams was indicted in 2024 on federal charges: wire fraud, solicitation of contributions by a foreign national, bribery, and, among others, conspiracy to defraud the United States. In his resignation letter, he wrote to the DOJ:
“I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me.”
With Republicans controlling both houses of Congress, the White House, and even the Supreme Court, it seems like they are doing what they please. They are right now like the rich kid in his daddy’s souped-up ride, racing about and throwing proverbial fast-food sodas at passersby. The thing they have most in common is the end of the message of the fable: that they are ignoring the law without looking forward to the future.
Unless they can secure all branches of government once again, the next democratic administration is likely going to enforce consequences on the lawbreakers. And even if it is not so, and the conservatives continue to control the proverbial police in the fable, then America will only meet more instability.
I find it strange that a political party that is angry at illegal immigrants for not following the law, and ‘doing things the right way’, by applying for asylum and such, is also not upset at the lawlessness and corruption of the current presidential administration. Over one-hundred court-orders ignored by ICE in one state alone. The law only applies to…. people conservatives are upset with?
Austin Petak is an aspiring novelist and freelance journalist who loves seeking stories and the quiet passions of the soul. If you are interested in reaching out to him to cover a story, you may find him at austinpetak@gmail.com.
Opinions expressed by columnists in The Daily Record are not necessarily those of its management or staff, and do not constitute an endorsement or recommendation. Any errors or omissions should be called to our attention so that they may be corrected. Contact us at news@omahadailyrecord.com.
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