The Government Now Needs a Reference Check
I have spent years exhuming documents, and the Justice Department has now submitted one that appears to be a résumé with the references section torn off. The department wants judges to presume that government officials acted properly—a legal shortcut known as the presumption of regularity—while judges increasingly seem to be asking whether anyone checked the paperwork before it left the building.
ProPublica’s review of hundreds of cases found more than 40 in which judges explicitly questioned that presumption. The review described court records involving inaccurate dates, ignored facts, nonexistent case law, disputed subpoenas, and alleged violations of court orders. That is not every filing, every lawyer, or every employee. It is, however, a pattern substantial enough to make the institutional honor system cough into its sleeve.
The contradiction is beautifully bureaucratic: the government asks for automatic credibility at the same moment its work is being treated as something requiring adult supervision. A private citizen who supplied the wrong date, cited a case that does not exist, and ignored relevant facts would not receive a solemn judicial presumption that everything was probably fine. They would receive a follow-up email with the emotional temperature of a locked records room.
Instead, the department’s position can sound like this: “Please assume our officials followed the rules unless you discover evidence suggesting otherwise.” The courts’ emerging response is less ceremonial: “We have discovered some evidence suggesting otherwise.” Every new filing arrives wearing a tie and carrying a folder marked OFFICIAL, while the judge reaches for a highlighter, a calendar, and possibly a second opinion from the laws of arithmetic.
Public power cannot operate on permanent reference-free trust. Judges are supposed to examine claims, and citizens should expect the same basic discipline from institutions acting in their name. The ProPublica reporting does not establish that every DOJ filing is unreliable; it establishes why credibility cannot be treated as government-issued stationery. At this point, each filing should include the line: “References available upon request.” The court, naturally, has already requested them.