Precedent isn't set in stone. Even if this is dismissed based on this filing. It can be over turned by a higher court. Also, similar cases can be distinguished from this one to support different findings through a number of means. The question of defending a knowingly guilty client (beyond all reasonable doubt) is probably the oldest and most debated ethical question in law. Of course this is from the single law class I took ages ago, but I'm pretty sure it's near the top. Definitely not going to be solved here. In this case though the Asst AG isn't taking on a new case, he's arguing legality based upon an argument already set in motion by the prior administration. On top of that he's defending a new administration that inherited the suit against an old administration. So the new set of people should accept responsibility for what the old set of people did? I think change comes in actual policy in action not in the defense of an old suit you got handed when the last people left. Frankly I won't be surprised if this administration ends up as big a pile of shit as the last. They both are different odors wafting from the same pile of crap.