November 2, 2026 — Judges v. Lawyers in the Trump Era
Check out today’s blog post by IP attorney and author Timothy Trainer, host of the podcast and video show Tim’s Travails • Follow Tim on Substack
By IP attorney and author Timothy Trainer
Image: clearinghouse.net
January 20, 2025, marked the beginning of a new era in U.S. law and justice. It’s doubtful that the people of the United States and those looking from beyond our borders have ever seen anything like the legal headlines we’ve seen during the past 22 months. We have been inundated with the Executive Branch’s active engagement against all types of perceived legal cases and controversies. Many have resulted in judges finding the federal government itself violating the law.
As this piece is being drafted, a headline popped up informing us that a federal judge has dismissed with prejudice a $10 billion Trump defamation lawsuit against Rupert Murdoch and the Wall Street Journal (WSJ) thereby ending Trump’s suit. Trump lost. Trump defamation suit vs. Murdoch, WSJ over Epstein letter dismissed. Perhaps the one benefit to U.S. taxpayers is that this litigation was undertaken by Trump in his personal capacity rather than employing the resources of the U.S. Department of Justice (DOJ) at taxpayer expense. Trump v. Murdoch 1:25-cv-23232 (S.D. Fla.) | Civil Rights Litigation Clearinghouse.
While the case initiated against Murdoch and WSJ was not at our expense, many other cases have been at taxpayer expense. Lawyers at DOJ have busily initiated lawsuits at Trump’s behest, evidence and facts be damned. We read repeatedly that many lawyers now roaming DOJ’s halls have decided to ignore, overlook, and/or violate the oaths they took when becoming a member of the bar in their respective states.
Attorneys working at DOJ are required to be an active member of a state, territory or the District of Columbia bar. https://www.justice.gov/oarm/media/1185596/dl?inline=. That requirement imposes some other obligations on our civil servant lawyers who took oaths in a state, territory or District of Columbia. Generally, upon becoming a licensed attorney, each person took an oath to uphold certain ethical standards and, while they are to act in the best interest of the client, they are also taking an oath to act in the best interest of the justice system. Attorney’s Oath: Understanding Its Legal Significance | US Legal Forms. Attorneys violating the oath may face professional misconduct charges.
Given Trump’s reliance on DOJ to initiate cases and pursue his personal agenda, the courts have become the ultimate backstop in preserving anything akin to constitutional democracy. The GOP majority in the Legislative Branch has abdicated its responsibilities to protect the law, the constitution and citizens from the federal government’s abuses. The GOP has decided to keep silent except for a few lone voices.
When neither the Executive nor Legislative Branches of government act in the best interest of preserving the laws and constitution of the country, it falls upon the judiciary to do so when cases come before it. In addition to applying and upholding the law, judges are also required to ensure that attorneys are representing clients in accordance with professional conduct and ethics rules.
Today, federal judges are busier than ever in confronting DOJ attorneys and questionable legal practice. Within the big picture of all the issues confronting the country: economy, war, healthcare, etc., a federal judge ordered an investigation into DOJ attorneys over their actions in the case of Trump’s pursuit of his golf course in Washington, D.C. On October 30th, DOJ attorneys were referred for investigation into ethics violations. The judge said she was “concerned the attorneys had provided ‘materially misleading information’ and omitted other relevant information about the administration’s plans.” US judge orders ethics investigation into DOJ lawyers in golf course dispute | Reuters.
The golf course case is simply the latest report of government lawyers suspected of questionable tactics before the courts on behalf of the administration. A Trump-appointed federal court judge in Rhode Island rebuked DOJ attorneys for withholding information and misrepresenting facts in a case involving hospital care of transgender children. Given the less than honest DOJ tactics, the judge was quoted as saying “The Court cannot help but share the sentiment that ‘[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word — with little doubt about its intentions and stated purposes — no longer holds.” Federal Judges Criticize Trump’s Justice Department for “Unethical” Conduct — ProPublica.
The DOJ filed a case against California requesting that tens of thousands of ballots be set aside due to the government’s belief that non-citizens are voting. Unfortunately for the government, DOJ’s lawyers couldn’t explain to the court how it developed the list of suspected non-citizen voters. State officials countered that the government’s list was unreliable. Apparently, DOJ attorneys cited a law that doesn’t apply to the case and ignored the Constitution’s language giving states the authority to conduct elections. Judges Shouldn’t Be Shy About Sanctioning Rogue DOJ Attorneys.
One legal challenge to the mass firing of government employees resulted in a federal judge describing DOJ attorney tactics as a “sham” on the court. After DOJ submitted a written declaration from a government official to the court, the judge directed that the declarant appear in court for a live examination, at which point the DOJ withdrew the written document as evidence to support the government’s contention that the Office of Personnel Management did not direct the mass termination of probationary employees. The Department of Justice’s Broken Accountability System | Brennan Center for Justice. The government lost due to lack of evidence.
Sadly, the list of cases in which the People’s legal firm, DOJ, has decided to perform for the White House occupant while ignoring court orders, engaging in unprofessional and unethical conduct is too long to provide. Our system of justice, though having imperfections, must have officers of the court, judges and attorneys, who respect the rules of professional conduct and ethics. When a pattern of unprofessional and unethical conduct infects DOJ, it must be recognized and dealt with using whatever tools are available to the courts and the state bars to rectify problems and save the system. If the ultimate sanction of disbarment is warranted, so be it.
“The Department of Justice’s Broken Accountability System” is worth reading to remind ourselves of the necessity of a federal justice system that aims to work for the country, not an individual. We have arrived at a time when the only thing keeping the justice system from complete collapse are judges who have the courage to both reaffirm the constitution and laws as well as refer unprofessional and unethical government lawyers for investigation and potential disbarment for betraying the oath they undertook.
Lawless conduct by the Executive Branch and abdication of responsibility by the Legislative Branch leaves the judiciary as our last resort to preserving what was once a more respected justice system.
About Timothy Trainer: Writing books is a passion for attorney Timothy Trainer, who for more than three decades focused on intellectual property issues in his day job. He has worked in government agencies and in the private sector, and his assignments have taken him to 60 countries around the world.
Tim found time to pen a few non-fiction tomes, including his first book, Customs Enforcement of Intellectual Property Rights;the 15th edition was published in 2022. Thomson Reuters’ Aspatore Books published Tim’s next title in 2015, Potato Chips to Computer Chips: The War on Fake Stuff.
Fiction was a genre he always wanted to try. In 2019, Pendulum Over the Pacific was released by Joshua Tree Publishing. “This political intrigue story is set in Tokyo and Washington, D.C., and centers on trade tensions between the U.S. and Japan in the late 1980s,” Tim explains.
In 2023, the first book in his China series hit bookstores: The China Connection.
In 2025, he published the sequel, The China Factor, which ranked #63 on the Amazon Asian Literature list in May.
Now available: The China Dilemma!
Click here to buy all of Tim’s books.
