A footnote from today’s D.C. Circuit opinion by Judge Justin Walker in U.S. v. Littlejohn; the underlying issue was whether a district court judge acted improperly in asking a question of a government lawyer that may have been aimed at helping the government’s case:
[Littlejohn] notes that the district court repeatedly pressed the Government about why it brought only one felony charge against him when far more charges were possible. But that is hardly evidence of a predetermined sentence. When the district court asked about the charging decision before the plea hearing, the district court was likely weighing the reasons for and against accepting the plea bargain (which is a judicial responsibility). Then, when the court asked about it again at sentencing, the court was likely giving the Government an “opportunity to make it clear to the public” why Littlejohn didn’t face more charges.
[Footnote:] Littlejohn complains that at sentencing the district court said it was asking these questions “to help” the Government. But it’s likely the court was only trying “to help” the Government inform the public about the reasons for the lenient charging decision in this high-profile case. In any event, judges are not required to ask only hostile questions at a sentencing hearing—or at an appellate argument, for that matter. See Oral Arg. Tr. at 7, Ransom v. FIA Card Services, N.A., 562 U.S. 61 (2011) (No. 09-907) (Justice Scalia: “I’m trying to help you.”); Oral Arg. Tr. at 13, United States v. Tinklenberg, 563 U.S. 647 (2011) (No. 09-1498) (Justice Scalia: “I’m trying to help you.”); Oral Arg. Tr. at 21, United States ex rel. Schutte v. SuperValu Inc., 598 U.S. 739 (2023) (Nos. 21-1326 & 22-111) (Justice Sotomayor: “I’ve never heard an attorney fighting people trying to help him.”; Justice Gorsuch: “It happens all the time here.”); Oral Arg. Tr. at 10, Seven County Infrastructure Coalition v. Eagle County, 605 U.S. 168 (2025) (No. 23-975) (Justice Sotomayor: “I was trying to help you.”); Oral Arg. Tr. at 34, Coleman v. Court of Appeals of Maryland, 566 U.S. 30 (2012) (No. 10-1016) (Justice Sotomayor: “I thought Justice Alito was trying to help you.”; Justice Breyer: “He was.”); Oral Arg. Tr. at 41, Martel v. Clair, 565 U.S. 648 (2012) (No. 10-1265) (Chief Justice Roberts: “No. I’m trying to help you.”); Oral Arg. Tr. at 38, White v. Woodall, 572 U.S. 415 (2014) (No. 12-794) (Justice Scalia regarding Justice Breyer: “He’s trying to help you, counsel.”).
For more on the underlying case, see D.C. Circuit Upholds 5-Year Sentence for Leaker of Trump’s and Others’ Tax Returns. Thanks to Andy Patterson for the pointer.
