Judge literally renders DOJ lawyer speechless at hearing
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President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).

A federal judge on Thursday nixed a Trump administration request to pause proceedings in a case over government spending freezes – an effort staked to the ongoing government shutdown.

In the underlying case, Rhode Island leads a coalition of state plaintiffs against efforts to defund and “gut” the operations of three agencies who oversee library, business development, and mediation services, according to the 58-page complaint filed earlier this year.

“The States rely on [the three agencies] to support their public libraries and museums, assist state entities in extending contracting opportunities to disadvantaged individuals, and prevent and resolve public-sector labor disputes involving State entities,” the lawsuit reads. “The sudden halting of the agencies” work after decades of close cooperation will immediately put at risk hundreds of millions of dollars in grant funding on which the States depend, and undermine library programs, economic opportunity, and the free flow of commerce throughout the country.”

In May, Chief Judge John J. McConnell, Jr., a Barack Obama appointee, issued a preliminary injunction barring the Trump administration from moving forward with the proposed funding cuts, directing agency officials to rehire key staff and contractors, ordering the disbursement of already-appropriated grants, and to file regular status reports detailing their compliance with the court’s order.

Since then, various efforts to mute the effect of the court’s injunction have been essayed by Department of Justice attorneys – and each attempt has, in succession, failed. An appeal was lodged with the U.S. Court of Appeals for the First Circuit which is still pending; the DOJ filed a motion to stay the injunction pending appeal with McConnell which was quickly denied; a motion to stay pending appeal was also filed with the appellate court which was denied in September.

In the meantime, the plaintiffs filed an amended complaint, the parties agreed to a briefing schedule on motions for summary judgment, and the court continues to demand the government’s progress reports.

Now, the DOJ wants to put the kibosh on the schedule it previously agreed to – due to the incipient government shutdown, according to a motion for stay in light of lapse of appropriations filed on Wednesday.

“At the end of the day on September 30, 2025, the appropriations act that had been funding the Department of Justice expired and those appropriations to the Department lapsed,” the motion reads. “The same is true for the majority of other Executive agencies, including the Defendant Agencies. The Department of Justice does not know when such funding will be restored by Congress.”

The government’s filing goes on to say that DOJ attorneys and other employees “are prohibited from working, even on a voluntary basis, except in very limited circumstances.”

“Therefore, although we greatly regret any disruption caused to the Court and the other litigants, the Government hereby moves for a stay of the briefing schedule in this case until Department of Justice attorneys are permitted to resume their usual civil litigation functions,” the motion concludes.

McConnell, however, was not having it.

In a terse, one-paragraph order, the court rubbished the notion the government should or even could be allowed to pause case work.

“The Court is required to continue its constitutional functions, and therefore the Motion to Stay is DENIED,” the judge observed “Department of Justice contingency plan states: ‘If a court denies such a request [to stay or continue] and orders a case to continue, the Government will comply with the court’s order, which would constitute express legal authorization for the activity to continue.'”

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