Really, the DOJ will bring this b4 a federal judge that will dress them down for treating a judge like this. They can also suspend the assumption of good faith in the DOJ. All of which will hurt the ability of the DOJ to persuades in court.
This is a wonderful "in a perfect world" scenario, but the despot owns the congress, the military, and the SCOTUS. Therein lies the crux of the problem.
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