The NYT reports on criticism of a government lawyer for argument before the Ninth Circuit. The clip is a useful reminder that conceding the obvious may enhance credibility while waffling diminishes it. The distinction counsel tried to draw between a brief stay in custody and a prolonged stay wasn't relevant, as Judge Fletcher pointed out. Sometimes it's better to say "yes, that shouldn't have happened, we're fixing it" than to fight.
That being said, lawyers, including this one, act in a representative capacity. They do not vouch personally for their clients deeds or positions. That is as true in this case as in, for example, criminal defense matters.