The Presumption of Regularity describes an (until recently) longstanding court doctrine that presumes representations made by Department of Justice attorneys to the courts are made in good faith and are honest. Courts would accept such representations as true, and pledges by DOJ attorneys that certain things would be done as true, without further question unless positive evidence rebutted the presumption of regularity.

The presumption of regularity is not formally enshrined law. It is rather, a deference courts afforded DOJ attorneys because of decades of good faith dealings with them. However, that experience of the courts has changed, and in just 18 months the Trump DOJ has shattered the presumption of regularity. Courts have repeatedly found that government claims made in court are false, unreliable, and often advanced in bad faith.

One of now many examples courts now abandoning the presumption of regularity is unfolding this weekend in journalist Katie Phang's lawsuit to get documents hidden or redacted by the DOJ related to the Epstein files. Over the weekend Judge Sullivan, for the United States District Court for the District of Columbia, has ordered that the DOJ turn over unredacted copies of certain Epstein files for in camera (where only the judge sees them) review. The DOJ told the court the redactions were there to conceal the names of victims or law enforcement. In the good ole days of the Presumption of Regularity, the court would have simply accepted that answer unless evidence was provided rebutting it.

Not anymore! Even though no evidence has been presented to disprove the DOJ claims the judge clearly simply does not accept the DOJ's assurances at face value. Thus, the DOJ is directed to prove its claims by allowing the judge to see the unredacted versions himself.

It will be very interesting to see how DOJ handles this. They will likely seek an emergency stay of the order from the Court of Appeals, and failing that, the Supreme Court. But it's hard to argue against the Court's authority to review the documents in camera to verify the government's own claims made before that judge.

All of this is being done by an acting attorney general that another judge just sanctioned and referred to the Bar for disciplinary action for a bad faith filing. I mean, damn. Why does Blanche even want this job?