In her recounting of the dismissal of charges against David Hearn, Richardson points out that judges are starting to deny "presumption of regularity" to Department of Justice lawyers. Basically, judges assume that DOJ lawyers aren't lying or otherwise being sketchy (like hiding evidence from a grand jury. Presumption of regularity is based on centuries, really, of precedent that the government is not captured by a patrimonial strongman bent on destroying American democracy to sate the void in his soul. Certainly there have always been DOJ lawyers who fucked around with this principle, but the presumption requires this to be treated as an act of individual malfeasance. Judges are now saying that this is policy.
Joe Biden made two huge mistakes as president. The first, obviously, was deciding to run again at an advanced age with a speech impediment that was getting worse. He simply could not communicate well on a daily basis.
The second was Merrill Garland.
Garland was a judge, not a prosecutor. He had been denied a seat on the Supreme Court by Mitch McConnell (is he dead yet?), and that moment was really a watershed moment in Republican fuckery. Holding a Supreme Court seat open for a full year in order to gamble on a Republican winning the next election was a huge violation of "norms." Garland was supposed to reestablish the professional neutrality of the Justice Department, but in the process delayed in prosecuting Trump for his many crimes. One has to think that Trump actually being in jail in the winter of 2024 might have made a difference. But "norms" man.
Making Garland Attorney General was not just a consolation prize, it was an effort by Biden and Democrats to reestablish those norms like regularity. Democrats have the burden of defending flawed but critically important institutions in the face of an historical moment when people are strongly anti-institutional. For instance, the Food and Drug Administration can be painfully slow in approving new treatments. However, RFK, Jr deciding that vitamins can cure measles is not a step in correcting this.
There has been talk in some quarters about the need for a Democratic Project 2029. Given the unpopularity of Project 2025, I'm not sure I see the point. However, there are some topics that Democrats need to coalesce around. Some are easy: kill the tariffs, restore America's alliances, raise taxes on the wealthy, undo the GOP's attacks on healthcare, end environmental degradation and his incessant building of monuments to himself.
When it comes to norms in the Justice Department, this gets trickier. You absolutely need an impartial, professional DOJ. You also need to have real, tangible accountability for the orgy of corruption under Trump.
Threading that needle - the creation of an independent commission, perhaps - will be an important part of restoring the presumption of regularity, by not engaging in the Garland-style caution about norms and prosecuting those leaving office.
UPDATE: And just on cue, the Republican holdouts against Todd Blanche as Attorney General have caved, because of course they did.