Helpful Judges: D.C. Circuit Upholds Judge's Questions Aimed at Aiding Government

The article analyzes a footnote from a D.C. Circuit opinion by Judge Justin Walker in U.S. v. Littlejohn, which upheld a five-year sentence for a leaker of Trump's and others' tax returns. The defendant argued the district court judge acted improperly by asking questions that appeared to help the government's case, particularly about why only one felony charge was brought. The appeals court dismissed this, stating the judge was likely weighing the plea bargain or giving the government an opportunity to explain the lenient charging decision to the public. The footnote cites multiple Supreme Court oral arguments where justices explicitly said they were 'trying to help' attorneys, including Scalia, Sotomayor, Gorsuch, Alito, Breyer, and Roberts, to illustrate that judges are not required to ask only hostile questions.