I spent some years (in Texas, by coincidence) as a federal officer (not a Special Agent, which provides pages of explanation for people who know the difference) and occasionally had need of a writ to enter and assume control of a business or home.  Most times, it was no big deal.  The issues were simple.  I did a write-up, sent it to our counsel, and they’d go talk to the judge (always Federal District Court, btw.)

One time, though, things were sticky.  There was a possible issue with interfering with a criminal investigation going on elsewhere.  Our counsel handed the matter off to the US Attorney’s office to get the writ.  I showed up to the courthouse, spent 15 minutes going over the matter with the Special Assistant US Attorney assigned to the case and didn’t like the result.  The questions in play were complex and it was clear the SAUSA simply didn’t comprehend what was going on.  I knew I’d be called on to explain some things to the judge because there was no freakin’ way any judge should have given me a writ based on anything this SAUSA could explain to him.  When the SAUSA started to go into the judge’s chambers, I followed.  He stopped short, put his hand on my chest to arrest my forward momentum, and hissed “YOU stay OUTSIDE!”

Not more than two minutes later, he came back out with my writ, all signed and ready.  There was no way the judge could have read a fourth of the application for the writ in that time period, much less understood it or asked any questions.

That was over 25 years ago and I was still young(ish).  It was very hard for me to swallow the realization that certain statutory and systemic safeguards for basic freedoms had been reduced to a buddy system, where if you have credibility in front of the judge you can get them to sign anything in an ex parte setting, no questions asked.

It’s nice to hear news of a judge who’s asking questions, at least.

This is intentional.