I’m a federal employee and have worked on our litigated cases with the DOJ for years (when my agency and the Secretary is sued). I’ve noticed a trend (starting with Trump actually but accelerating under Biden) of our OGC no longer fighting to represent our agency zealously and win cases but to settle.
Judges want settlements and get angry when the parties can’t settle.
So I’m not surprised here that the DOJ is settling—but the amounts discussed are just too high.