A wave of uncertainty sweeps through the Department of Justice as career lawyers contemplate their future under an incoming Trump administration.
As reported by The Independent, Department of Justice attorneys are considering leaving their positions as Trump loyalists prepare to assume control and implement his vision for the agency.
The mounting tension within the DOJ stems from Trump's intensifying animosity toward the agency, which has prosecuted him in two criminal cases over the past four years. Career attorneys have expressed deep concerns about the potential transformation of the department under Trump's leadership, with many fearing a mass exodus of experienced legal professionals.
Trump's campaign rhetoric has set the stage for potentially significant changes within the DOJ. During his election campaign, he openly discussed the criminal prosecutions against him as setting "a terrible precedent" and suggested the possibility of using similar legal tactics against Democrats. His statements following the New York jury's verdict, where he was found guilty of 34 counts of falsifying business records, have intensified concerns among DOJ staff.
The former president has maintained a list of perceived enemies whom he believes have wronged him, repeatedly expressing desires for retribution. His threats to dismiss Special Counsel Jack Smith have particularly alarmed career prosecutors and legal professionals within the department. These developments have created an atmosphere of uncertainty and apprehension throughout the agency.
A DOJ Civil Rights Division trial attorney, Stacey Young, expressed her concerns:
Many federal employees are terrified that we'll be replaced with partisan loyalists – not just because our jobs are on the line, but because we know that our democracy and country depend on a government supported by a merit-based, apolitical civil service.
The anticipation of new appointments to senior positions, including the attorney general role, has created additional anxiety among staff members. Jeffrey Clark, despite facing disciplinary action from the DC Bar for "engaging in reckless dishonesty" during Trump's attempts to overturn the 2020 election, is being considered for a senior position. Trump's previous attempt to install Clark as acting attorney general in January 2021 was only thwarted by threatened mass resignations of Trump-appointed DOJ officials.
Another potential candidate for a top position is Republican lawyer Mike Davis, who has drawn criticism for controversial statements. Davis recently made headlines for threatening New York Attorney General Letitia James, demonstrating the confrontational approach that many fear could become standard practice within the department.
Davis's statement regarding James raised particular alarm:
I dare you to continue your lawfare against President Trump in his second term. Because listen here sweetheart, we're not messing around this time. And we will put your fat ass in prison for conspiracy against rights.
Despite the widespread concern, some legal experts advocate for career staff to remain in their positions. They argue that maintaining experienced personnel is crucial for preserving legal integrity and constitutional principles. A current DOJ lawyer emphasized the importance of having career professionals who can moderate extreme positions and ensure compliance with federal laws and department practices.
Legal expert Norm Eisen supports this view, encouraging staff members to maintain their positions to "preserve the republic." He acknowledges the challenges ahead but suggests that Trump's ability to implement dramatic changes may face significant obstacles due to existing bureaucratic structures and procedures. The preservation of career civil service staff could prove crucial in maintaining departmental stability.
The Department of Justice stands at a critical juncture as it prepares for potential leadership changes under a second Trump administration. Career attorneys and staff members must weigh their professional futures against their commitment to public service and legal principles. The situation highlights the delicate balance between political leadership and the career civil service that has traditionally characterized the department.
The anticipated transformation of the Department of Justice under Trump loyalists has prompted serious consideration of mass departures among career attorneys. The mounting tension stems from Trump's expressed intentions to reshape the agency following his criminal prosecutions, with potential appointments of controversial figures like Jeffrey Clark and Mike Davis to senior positions raising particular concern among current staff members.
