3 Rules for Government Lawyers

Do not embarrass yourself.

Do not embarrass the United States

Do not embarrass your client

The recent position from DOJ on paying AID contractors is abhorrent and, worse yet, embarrassing. The claim is sovereign immunity - which is generally the ability to not be personally sued for damages, not for the government to avoid paying claims. The First Amendment guarantees the right to petition for the redress on grievances. It is worthless if claims are not paid.

The job of a government attorney is defend the law and Constitution. That the particular Administration must be appeased is unfortunate, but the responsibility that goes with that duty is to adequately inform the Administration (client) of what the law is and the likelihood that what is claimed is either unconstitutional or illegal.

To make a bald faced admission that is clearly wrong shows that no attempt was made to education the client. Worse would be the possibility that said attorney actually believes such nonsense. If this is the case, that attorney needs to be fired, quit, lose his law license, refund all his prior employers as a fraud and demand a refund from his law school.

This is mild compared to what opposing counsel and the judge will say - and the language will get harsher if the case is appealed. The appeal will not go far - as the unconstitutionality of the argument is so bald that SCOTUS will not hear it.

And shame on any talking head or lawyer who alleges it will. They are as badly intentioned and informed as the offending lawyer.