Bind DOJ civil litigation positions to the President’s policy agenda
Mandate insists civil litigation decisions must align with the President’s agenda, with discipline for line attorneys who refuse positions or slow-walk cases to outlast an Administration.
Mandate
Mandate Ch. 17 (Justice) — Engaging in Zealous Advocacy: issue guidance ensuring litigation decisions are consistent with the President’s agenda and the rule of law; leadership prepared to impose disciplinary action; be cognizant of attempts to slow litigation to outlast the Administration.
Undo plan
1) Restore norms that DOJ’s client is the United States and the Constitution—not raw political agenda in civil rights/environment cases.
2) Protect line attorneys’ duty of candor and refusal of unlawful positions.
3) Publish litigation guidelines separating policy from frivolous legal theories.
4) Use OGAG/SG review for major reversals.
5) Verify: position-change memos with legal bases; whistleblower retaliation claims.