Opening Arguments Small DoJ Energy
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Feb 20, 2026 A wild roundup of DOJ missteps, from controversial indictments tied to a Minnesota church protest to litigation over grand jury access. They unpack the FACE Act’s force requirement and why video evidence may not meet felony standards. Immigration court wins and ICE blunders get close scrutiny. Finally, a bizarre privacy lawsuit asks whether intimate disclosures can be monetized.
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DOJ Overreach Met With Judicial Skepticism
- The DOJ pushed extraordinary steps to secure arrest warrants and even filed sealed emergency mandamus requests.
- Courts reacted skeptically, signaling a weakening presumption of regularity for DOJ behavior.
FACE Act's Original Purpose Versus Current Use
- The FACE Act was designed for clinic access but includes a separate protection for houses of worship.
- Using it against protesters and journalists stretches the statute beyond its original public-health and clinic-protection focus.
Grounds To Seek Grand Jury Materials
- Defendants argue the grand jury may not have been told about FACE Act's protected-speech exception.
- If true, that could justify disclosure of grand jury materials under Rule 6(e).