The ‘Presumption of Regularity’ Is Evaporating

The Minnesota conspiracy case against ICE watchers, like the Broadview Six case, is going to be yet another test of how judges handle a habitually deceitful Justice Department

As the vindictive prosecutions ordered by Trump stretch on, judges and defense lawyers are starting to sketch out a road map for how to respond to the Trump DOJ’s abuses

“News of the disaster before the Illinois grand jury could well make the judges … more inclined to grant access to grand-jury material.” The ‘Presumption of Regularity’ Is Evaporating, by @qjurecic.bsky.social: www.theatlantic.com/ideas/2026/0...

If you missed @qjurecic.bsky.social's piece this week, check it out now!

“Judges have long defaulted to a posture of trust toward the federal government—but that's changing under Trump,” Quinta Jurecic writes: www.theatlantic.com/ideas/2026/0...

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GIFT ARTICLE: Courts are rejecting more vindictive and malicious prosecutions. “Never before in American history has a president abused his authority so blatantly to prosecute his enemies.” www.theatlantic.com/ideas/2026/0...

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🎁The ‘Presumption of Regularity’ Is Evaporating Judges have long defaulted to a posture of trust toward the federal government, but under Trump that is changing, and a new set of legal possibilities is emerging. By Quinta Jurecic June 11, 2026, www.theatlantic.com/ideas/2026/0...

3) "For defendants pursued by Donald Trump... [there’s been] a problem: Not much law on the books can help someone fight back against a malicious prosecution, and what law does exist tends to be favorable to the government. That is changing now..." www.theatlantic.com/ideas/2026/0...

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I will be readiing this later, & am sharing a gift link because it might lead to interesting discussion “ ‘The Presumption of Regularity’ Is Evaporating”: Judges have long defaulted to a posture of trust toward the federal government, but…” www.theatlantic.com/ideas/2026/0...

This is an important article about trust in government attorneys is rapidly evaporating if not already gone. www.theatlantic.com/ideas/2026/0...

Seems like an appropriate time to post this as a GIFT ARTICLE www.theatlantic.com/ideas/2026/0...

[Gift Article] "Never before in American history has a president abused his authority so blatantly to prosecute his enemies. For defendants pursued by Donald Trump’s Justice..." www.theatlantic.com/ideas/2026/0...

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The 'Presumption of Regularity' Is Evaporating (Quinta Jurecic/The Atlantic) Main Link | memeorandum Permalink

* the usual assumption that federal govt doesn’t lie to courts, essential for basic judicial functioning www.theatlantic.com/ideas/2026/0...

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www.theatlantic.com/ideas/2026/0... 😂

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“The “presumption of regularity” [is] the idea that the government should generally be trusted to be acting honestly. But the flamboyant dishonesty of the second Trump administration has put this presumption to the test, forcing judges to navigate unknown legal territory.”

The ‘Presumption of Regularity’ Is Evaporating Judges have long defaulted to a posture of trust toward the federal government, but under Trump that is changing, and a new set of legal possibilities is emerging. www.theatlantic.com/ideas/2026/0...

www.theatlantic.com/ideas/2026/0...

Judges are having to write new case law to counter the vindictive prosecutions and Grand Jury shenanigans. There is hope yet. www.theatlantic.com/ideas/2026/0...

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"As the shoddy criminal cases against Trump’s enemies stretch on...judges, skeptical of what they are seeing from DOJ, have begun...to adapt criminal law to an era when the federal government cannot be trusted." www.theatlantic.com/ideas/2026/0...

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The Constitution was written before we had political parties. It envisioned a Congress of independent actors who would guard their own powers...using impeachment if necessary, but the GOP Congress won't check Trump. That leaves the courts...a much slower check. www.theatlantic.com/ideas/2026/0...

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Under Trump's leadership, a paradigm shift occurs as judges increasingly scrutinize the federal government, ushering in novel legal possibilities.