Comment by jmyeet

It's a good question.

For context, lawyers deal with this all the time. In discovery, there is an extensive document ("doc") review process to determine if documents are responsive or non-responsive. For example, let's say I subpoenaed all communication between Bob and Alice between 1 Jan 2019 and 1 Jan 2020 in relation to the purchase of ABC Inc as part of litigation. Every email would be reviewed and if it's relevant to the subpoena, it's marked as responsive, given an identifier and handed over to the other side. Non-responsive communication might not be eg attorney-client communications.

It can go further and parts of documents can be viewed as non-responsive and otherwise be blacked out eg the minutes of a meeting that discussed 4 topics and only 1 of them was about the company purchase. That may be commercially sensitive and beyond the scope of the subpoena.

Every such redaction and exclusion has to be logged and a reason given for it being non-responsive where a judge can review that and decide if the reason is good or not, should it ever be an issue. Can lawyers find something damaging and not want to hand it over and just mark it non-responsive? Technically, yes. Kind of. It's a good way to get disbarred or even jailed.

My point with this is that lawyers, which the Department of Justice is full of, are no strangers to this process so should be able to do it adequately. If they reveal something damaging to their client this way, they themselves can get sued for whatever the damages are. So it's something they're careful about, for good reason.

So in my opinion, it's unlikely that this is an act of resistance. Lawyers won't generally commit overt illegal acts, particularly when the only incentive is keeping their job and the downside is losing their career. It could happen.

What I suspect is happening is all the good lawyers simply aren't engaging in this redaction process because they know better so the DoJ had the wheel out some bad and/or unethical ones who would.

What they're doing is in blatant violation to the law passed last month and good lawyers know it.

There's a lot of this going on at the DoJ currently. Take the recent political prosecutions of James Comey, Letitia James, etc. No good prosecutor is putting their name to those indictments so the administration was forced to bring in incompetent stooges who would. This included former Trump personal attorneys who got improerly appointed as US Attorneys. This got the Comey indictment thrown out.

The law that Ro Khanna and Thomas Massey co-sponsored was sweeping and clear about what needs to be released. The DoJ is trying to protect both members of the administration and powerful people, some of whom are likely big donors and/or foreign government officials or even heads of state.

That's also why this process is so slow I imagine. There are only so many ethically compromised lackeys they can find.