A “collective sense of dread” has reportedly emerged among Department of Justice attorneys as former President Donald Trump prepares to reclaim the White House. With the inauguration scheduled for January 20, many DOJ lawyers are bracing for the return of a president who regularly targeted the agency and its staff during his campaign, but only after the Biden-Harris DOJ targeted him for more than a year in his “Jan. 6 election interference” and classified documents cases.
Insiders told Politico that some career attorneys are already contemplating leaving the DOJ to avoid potential firings, demotions, or intense scrutiny. Trump, known for his criticism of the so-called “deep state,” frequently singled out the DOJ during his first term and has continued to target the agency on the campaign trail after he became the first ex-president to be indicted by federal prosecutors. He and his allies have hinted at major reforms if he returns to office, fueling concerns among DOJ personnel.
One primary target of Trump’s criticism is Special Counsel Jack Smith, who led investigations into Trump-related cases, including charges that the former president has described as politically motivated. “Everyone I’ve talked to, mostly lawyers, are losing their minds,” a DOJ attorney told 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,” claimed 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 preparing to grant security clearances to Trump’s incoming team, sparking concerns among staff, particularly those with ties to special counsels Robert Mueller and Jack Smith. With anxieties about being sidelined under a new administration, the selection of Trump’s attorney general is seen as crucial. Potential candidates range from more conventional figures, indicating moderate changes, to more controversial choices that could lead to 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 career staff at the DOJ, reflecting on their experiences under the previous Trump administration, are reconsidering their future roles. They recall times when they tempered controversial policies or legal arguments, and now they are questioning whether such quiet opposition will be possible under a second Trump term, Politico claimed, touting unnamed sources. “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 said. “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 acted swiftly to assemble his administration, prioritizing the restructuring of the DOJ to align with his policy objectives. A key goal is to appoint a loyal attorney general who will support his agenda. Trump has outlined several significant reforms to the DOJ’s structure and operations, including a personnel overhaul aimed at replacing career employees with individuals who are aligned with his administration’s priorities.
In addition to the DOJ, Trump is evaluating key appointments for other critical departments. For Secretary of State, he is considering 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 being considered for Treasury Secretary.
