""The government is free to advance an unpopular legal theory," Dalton wrote, "but its lawyers must make those arguments in a way that comports with their professional obligations.""
""Cite the contrary binding authority and argue why it's wrong. Don't hide the ball. Don't ignore the overwhelming weight of persuasive authority as if it won't be found," he admonished."
""And don't send a sacrificial lamb to stand before this Court with a fistful of cases that don't apply and no cogent argument for why they should.""
Judge Roy Dalton Jr. of the Middle District of Florida issued a sharply worded order warning U.S. Attorney Gregory Kehoe and AUSA Joy Warner that sanctions may be imposed for deficient litigation practices. The underlying matters involve habeas petitions challenging a government position that most noncitizens are subject to mandatory detention without bond hearings. Dalton affirmed that the government may advance unpopular legal theories but required lawyers to acknowledge and address contrary binding authority rather than ignore it. He instructed counsel to cite adverse precedents and explain why they are wrong, and gave the government until February 9 to explain why sanctions should not be imposed.
Read at Above the Law
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