A “collective sense of dread” has reportedly set in among Department of Justice attorneys as former President Donald Trump prepares to retake the White House. With the inauguration set for January 20, many DOJ lawyers are bracing for the return of a president who frequently targeted the agency and its staff during his campaign.
According to insiders, some career attorneys are already considering leaving the DOJ to avoid facing potential firings, demotions, or intense scrutiny. Trump, known for his criticism of the so-called “deep state,” made the DOJ one of his most frequent targets during his administration and continued to criticize the agency on the campaign trail. He and his allies have hinted at sweeping changes if he returns to office, sparking concerns among DOJ personnel.
One major target of Trump’s ire is Special Counsel Jack Smith, who led investigations into Trump-related cases, including charges that the former president labeled as politically motivated.
“Everyone I’ve talked to, mostly lawyers, are losing their minds,” a DOJ attorney shared to Politico, speaking on condition of anonymity to openly discuss colleagues and dodge retaliation from the incoming president’s circle. “The fear is that career leadership and career employees everywhere are either going to leave or they’re going to be driven out.”
“We’ve all seen this movie before and it’s going to be worse,” remarked another former DOJ official with experience under Trump and prior administrations. “It will be worse. It’s just a question of how much worse it’s going to be.”
The Justice Department is gearing up to issue security clearances for Trump’s incoming team, raising concerns among staff, especially those connected to special counsels Robert Mueller and Jack Smith. With fears of being marginalized under a new administration, the selection of Trump’s attorney general will be pivotal. Choices range from traditional figures, suggesting moderate changes, to controversial ones, potentially causing significant disruptions.
“It is absolutely a part of the calculus,” said one former senior DOJ official to Politico. “If you have one of these extreme candidates … you will see a significant amount of career staff say, ‘I don’t want to be a part of this. This is antithetical to who this department is.’ I think that will absolutely inform whether a good chunk of career staff — whether people stay or go.”
Many DOJ career staff, reflecting on their experiences under the previous Trump administration, are debating their future roles. They recall instances where they moderated controversial policies or legal arguments. Now, they’re considering if such discreet opposition will be feasible again. “You need career people there to make sure that the maniacs in charge just can’t, like, run roughshod over federal laws and DOJ practice,” one current DOJ lawyer explained. “I was able to tone down…briefs in a way that people who would have replaced me, would not have.”
Following his recent election victory, President-elect Trump has moved quickly to form his administration, with a strong focus on reshaping the DOJ to align with his policy goals. Trump’s primary objective is to appoint a loyal attorney general who will embrace his agenda. Trump has proposed several major reforms to the DOJ’s structure and functions, including a personnel overhaul that would replace career employees with individuals loyal to his administration’s priorities.
In addition to the DOJ, Trump is considering key appointments across other critical departments. For Secretary of State, he is weighing Ric Grenell, former Ambassador to Germany and Acting Director of National Intelligence. Howard Lutnick, CEO of Cantor Fitzgerald and co-chair of Trump’s transition team, is under consideration for Treasury Secretary. Meanwhile, Arkansas Senator Tom Cotton is being discussed as a potential Defense Secretary.
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