OPINION_ Litigation Nation

THE EPOCH TIMES 

Litigation Nation

Dado Ruvic/Reuters 

Jeffrey A. Tucker 
7/1/2025|Updated: 7/1/2025 

Commentary 


In one of those media scoops, the Washington Post has published an article about the culture of secrecy within the Trump administration. What the author describes is a fear about writing things down. Employees meet in parks rather than discuss things in the office. They stop putting anything meaningful in email or in text-based collaboration tools. People prefer to say things in person, not in print. 

Nowhere does the article explain why this is happening. It has nothing to do with an unusual amount of fear or paranoia within the Trump administration. If this is true, and it seems likely, it is traceable entirely to two factors: 1) fear of being quoted out of context in the major media by the likes of the Washington Post, and 2) the disclosure and discovery mandates that are part of litigation. 

Litigation is today as much a part of government as it is the private sector. Also, the United States has laws concerning freedom of information. Any citizen can ask specifically for all non-classified communications insofar as they appear in print. Any employee must turn them over when the authorities come calling. In practice this has led to more communication going into dark spaces, and that further means ever less documentary evidence of anything. 

This is a fairly new trend in government, mostly due to the massive amount of lawsuits and investigations surrounding the Trump administration’s disruptive policies and those who want to stop him. Many processes of government are now tied up in the fear of documenting anything at all. 

More broadly, these trends in government mirror what has already taken place in the private sector. I’ve lived to see the difference this has made. Twenty years ago, no one particularly worried about court discovery. Now it consumes the communications of even small businesses or any company that fears litigation or court discovery, which is pretty much every company but a family business. And maybe they should worry too. 

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READ MORE: https://www.theepochtimes.com/opinion/litigation-nation-5880797?ea_src=frontpage&ea_cnt=a&ea_med=section-1 

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There is no reason to doubt the Washington Post’s story but they get the cause wrong. Trump is not the problem. Trump is trying to fix the problem by reining in the administrative state, which is the mother of millions of lawsuits. Curb that problem and you cut the litigation that has tethered U.S. competitiveness and openness in communication.

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