They're not private attorneys who have the US as their client. They work for an organization (DoJ) that has the US as its client. That organization can have whatever policies it wants about how cases are allocated among its staff.
Yes, I am fully aware that they are not private attorneys. I am also aware that Federal employment laws are unlikely to support firing them on account of recusing themselves from a case.
However, that does not mean the ABA's Rules of Professional Conduct do not apply to them, nor does it mean they should not be fired for choosing to terminate representation of their client.
It sets a terrible precedent in a system that is designed to have someone willing to fight on each side for their client. If the government wants to bring about a weak case, let them. The opposing party has their own representation point out those weaknesses, if that is truly the case.
So whether they can be fired or not, doesn't change the fact that they should be, or that they should resign from the Department.
bladegash|5 years ago
However, that does not mean the ABA's Rules of Professional Conduct do not apply to them, nor does it mean they should not be fired for choosing to terminate representation of their client.
It sets a terrible precedent in a system that is designed to have someone willing to fight on each side for their client. If the government wants to bring about a weak case, let them. The opposing party has their own representation point out those weaknesses, if that is truly the case.
So whether they can be fired or not, doesn't change the fact that they should be, or that they should resign from the Department.