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Census Citizenship Fight Shows Trump Team’s Greatest Weakness

Trump Census Question
Part of President Trump’s appeal is his willingness to identify and fight for foundational issues, such as the census citizenship question and prohibiting immigration from terrorist hotspots, but the biggest hole in his team is its lack of politically motivated lawyers who will fight to win for his agenda.

More than one smart conservative lawyer told us the citizenship question was not a lost cause and that Chief Justice Roberts not only left the door open to further litigation to cure the Supreme Court majority’s criticism of the Commerce Department’s arguments, the answer was as simple as firing Commerce Secretary Wilbur Ross and coming back with a brief that argued the case from the Roberts perspective on the issue.

But the blundering civil service lawyers who lost the case defending the government’s position couldn’t even get themselves removed from the case. An Obama-appointed federal judge in New York denied a government request to replace them with a new team saying the Department of Justice's effort to change out the lawyers, who have been working on the case for more than a year was "patently deficient” and failed to meet the court’s rule governing changes of legal counsel.

The judge said every Justice Department attorney (other than two whom he excused) who wanted to withdraw from the New York case had to submit a signed and sworn affidavit that provides "satisfactory reasons" for leaving at this stage of litigation.

This was a self-inflicted wound because on its face, Judge Furman’s order only enforced the court rule governing changes of legal counsel.

Indeed, it was such a rookie mistake one wonders if it wasn’t an intentional effort to hand a convenient club to the American Civil Liberties Union and other plaintiffs led by New York Attorney General Letitia James to beat down Trump’s efforts to breathe new life into the government’s case.

Time and again we’ve seen government lawyers simply go through the motions of defending a Trump policy from the relentless lawfare being waged against Trump by the Left – and often times they aren’t even subtle about admitting their hearts aren’t really in it.

We contrast that to the Obama-era Justice Department where Attorney General Eric Holder led a highly politicized team of victory-minded lawyers who used every means available (or invented) to ram through and defend the Obama agenda.

And it’s not like there is a shortage of victory-minded conservative lawyers in practice today: Kelly Shackelford, President and CEO of First Liberty Institute, Ken Klukowski, Jeremy Dys, Jim Campbell and the attorneys at the Alliance Defending Freedom, J. Christian Adams at the Public Interest Legal Foundation, Hans von Spakovsky at Heritage, Jay Sekulow and Jordan Sekulow and the attorneys at the American Center for Law and Justice, Jim Bopp and the Madison Center for Free Speech attorneys, a whole stable at Judicial Watch -- and more we will get in trouble for forgetting to name – the list of conservative attorneys who take and win tough cases is a long one.

The problem is, with the exception of Ken Cuccinelli, who is Acting Director of the Immigration and Customs Enforcement agency, none of these victory-minded conservative lawyers are working in the Administration or the White House.

The President has an instinctive feel for the inflection points in today’s political and cultural battles, and the appointment of William Barr as Attorney General has proven to be a good decision. But personnel is policy, and Attorney General Barr is only one man, and his job is to guide the Department of Justice; he needs a cadre of victory-minded conservative lawyers to handle the day-to-day legal work upon which victory or defeat of the Trump agenda hinges.

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Trump's Greatest weakness

Bill Clinton fired ALL of the U.S. attorneys when he came into office. Now, the Left tried to make an issue of it when Bush fired a few of them, but for some bizarre reason Trump hasn't canned the lot of them. They serve at the pleasure of the President. You can't move the ball forward if your players don't want to win.

Absolutely true! Fire the

Absolutely true! Fire the "resistance" holdovers!