Comment by jmyeet
12 hours ago
It's a good question.
For context, lawyers deal with this all the time. In discovery, there is an extensive document ("doc") review process to determine if documents are responsive or non-responsive. For example, let's say I subpoenaed all communication between Bob and Alice between 1 Jan 2019 and 1 Jan 2020 in relation to the purchase of ABC Inc as part of litigation. Every email would be reviewed and if it's relevant to the subpoena, it's marked as responsive, given an identifier and handed over to the other side. Non-responsive communication might not be eg attorney-client communications.
It can go further and parts of documents can be viewed as non-responsive and otherwise be blacked out eg the minutes of a meeting that discussed 4 topics and only 1 of them was about the company purchase. That may be commercially sensitive and beyond the scope of the subpoena.
Every such redaction and exclusion has to be logged and a reason given for it being non-responsive where a judge can review that and decide if the reason is good or not, should it ever be an issue. Can lawyers find something damaging and not want to hand it over and just mark it non-responsive? Technically, yes. Kind of. It's a good way to get disbarred or even jailed.
My point with this is that lawyers, which the Department of Justice is full of, are no strangers to this process so should be able to do it adequately. If they reveal something damaging to their client this way, they themselves can get sued for whatever the damages are. So it's something they're careful about, for good reason.
So in my opinion, it's unlikely that this is an act of resistance. Lawyers won't generally commit overt illegal acts, particularly when the only incentive is keeping their job and the downside is losing their career. It could happen.
What I suspect is happening is all the good lawyers simply aren't engaging in this redaction process because they know better so the DoJ had the wheel out some bad and/or unethical ones who would.
What they're doing is in blatant violation to the law passed last month and good lawyers know it.
There's a lot of this going on at the DoJ currently. Take the recent political prosecutions of James Comey, Letitia James, etc. No good prosecutor is putting their name to those indictments so the administration was forced to bring in incompetent stooges who would. This included former Trump personal attorneys who got improerly appointed as US Attorneys. This got the Comey indictment thrown out.
The law that Ro Khanna and Thomas Massey co-sponsored was sweeping and clear about what needs to be released. The DoJ is trying to protect both members of the administration and powerful people, some of whom are likely big donors and/or foreign government officials or even heads of state.
That's also why this process is so slow I imagine. There are only so many ethically compromised lackeys they can find.
Fine, but the teeth of this act belong to some future justice department. I predict Trump will issue blanket pardons for everyone involved, up to Bondi; and that none of them will respect a congressional subpoena.
There's already bipartisan talk of inherent contempt being applied in the House, so the teeth might not wait for a future justice department.
There's no putting this genie back in the bottle.
MAGA is a cult and every cult has a mission. MAGA's mission is to uncover the elite pedophile ring. A cult can only be sustained so long as the mission is incomplete. Epstein is core foundational mythology. It's going to be really difficult if not impossible to redirect this.
You'll notice that Mike Johnson once again has put Congress in recess to avoid it taking action, this time a day before the 30 day deadline. The last time was for 7 weeks to try and get Republicans to remove their names from the discharge petition to avoid all this. Republicans know what a core problem this is.
So it's politically damaging with his base for Trump to pardon attorneys involved in obstructing this. But even if he weathers that, it doesn't solve his problem.
For one, any attorneys despite any pardon are subject to disciplinary proceedings (including disbarment) as well as possible state charges.
For another, this stuff is simply going to get out. Where previously a DoJ attorney would be committing career suicide if they got caught leaking things like grand jury testimony and confidential non-prosecution agreements, now they're obligated to. So they're not leakers anymore, they're whistleblowers who are following the law.
Congress will eventually have to come back into session and Pam Bondi may actually face a real risk of impeachment. If that happens, who is going to want this job when the key requirement is being such a loyalist that you have to break the law?
Congress will also seek compliaance from DoJ and hold investigations as well as drip feed their own documents from,say, the House Oversight Committee.
And in the wings we still have Ghislaine Maxwell who is clearly operating under an implicit understanding that she will get a pardon or, more likely, a commutation. Her move to a lower security prison that isn't eligible for her type of offenses was (IMHO) clearly a move to buy her continued silence until it became politically possible to free her. I don't think that's ever going to be possible other than maybe a lame duck pardon when leaving office.
This story is only getting bigger.
> My point with this is that lawyers, which the Department of Justice is full of, are no strangers to this process so should be able to do it adequately. If they reveal something damaging to their client this way, they themselves can get sued for whatever the damages are. So it's something they're careful about, for good reason.
> So in my opinion, it's unlikely that this is an act of resistance. Lawyers won't generally commit overt illegal acts,
Political redaction in this release under the Epstein Transparency Act is an overt, illegal act.
Does that reconfigure your estimation of whether DoJ attorneys that aren't the Trump inner-circle loyalists installed in leadership roles might engage in resistance against (or at least fail to point out methodological flaws in the inplmentation of) it?