Helpful Judges: D.C. Circuit Upholds Sentence, Defends Judicial Questioning

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 tax returns. The defendant argued the district court judge acted improperly by asking questions that seemed to help the government's case, including pressing prosecutors on why only one felony charge was brought. The appeals court rejected this claim, stating the judge was likely fulfilling judicial responsibilities such as weighing plea bargain acceptance or helping the government explain leniency to the public. The opinion cites multiple Supreme Court oral arguments where justices explicitly stated they were trying to help counsel, including remarks by Justices Scalia, Sotomayor, Gorsuch, Alito, Breyer, and Chief Justice Roberts. The article concludes that judges are not required to ask only hostile questions at sentencing or appellate arguments.