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Matt Zapotosky
National Security Journalist Covering the Department of Justice
A federal judge in New York on Tuesday rejected an offer from the Justice Department to replace the team of lawyers in the census case, saying his application was "obviously deficient".
The ministry had announced earlier this week its intention to replace the legal team in charge of the case – without saying exactly why. A person familiar with the case said that the decision was motivated in part by the frustration of at least some of the career lawyers who had been assigned to the case, but that the department wanted replace those in political and career positions. .
But US District Judge Jesse M. Furman has denied any formal, legal attempt to do so.
"The defendants provide no reason, much less" satisfactory reasons "to replace a board, Furman wrote. He also pointed out that the Ministry had to file the file in just three days and that it had already insisted that the file be dealt with quickly.
"At least this urgency – and the need for effective court proceedings – has only grown since that time," Furman wrote.
Furman said the department could rephrase his request if he gave "satisfactory reasons" for the removal of the lawyers and promised that the lawyers who had already worked on the case would be available on request. The judge also asked the department to "file an affidavit providing unequivocal assurances that the replacement of lawyers will not delay the prosecution of this case (or any related future case)".
Furman authorized the removal of two lawyers, who had previously left the Department of Justice.
The judge's decision was the latest development in the Trump administration's ongoing effort to add a citizenship question to the 2020 census.
In a ruling at the end of last month, the Supreme Court blocked the Trump administration's plan to add the issue, claiming that the government had provided an "artificial" reason for wanting information about the citizenship.
The Justice and Commerce ministries then conceded the defeat – but Trump quickly ordered the lawyers to turn around and find ways to keep the battle alive.
Furman's decision could force the Department of Justice to expose more of its internal debates on the census case. The lawyers who oppose his treatment can proceed without a briefing, which allows to remind regularly and publicly how much the case has become internal. The department may also choose to give more detailed reasons for wanting to refer lawyers to a subsequent application.
The Department of Justice refused to comment on the judge's decision.
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