General Discussion

of filing lawsuits. Some of the cases filed by DoJ would certainly fit the description: "The party’s history of litigation, in particular whether he has filed vexatious, harassing, or duplicative lawsuits; (2) whether the party had a good faith basis for pursuing the litigation, or simply intended to harass; (3) the extent of the burden on the courts and other parties resulting from the party’s filings; and (4) the adequacy of alternative sanctions." The problem is that the DoJ is a large federal agency, not a person or a business entity. The vexatious litigant situation would have to be handled more narrowly by focusing on the particular US Attorneys' offices that are filing the lawsuits, since they are as subject to the same sanctions as any other litigant or attorney, e.g., Federal Rule 11 penalties and attorney discipline. The liability of the agency itself is problematic because of certain governmental immunity principles. But someday the lawyers who are working for DoJ and doing Trump's and Blanche's bidding will have to find other jobs, and once they are on their own they will be facing civil and possibly civil consequences.