The Justice Department has taken steps to accelerate the redeployment of its lawyers to the civil division inundated with lawsuits challenging the Trump administration’s policies. Emails reviewed by Bloomberg Law indicate that attorneys from the tax and civil rights divisions have been encouraged to consider temporary assignments defending the president’s agenda. This urgency comes against the backdrop of department attorneys’ struggles in court over the legality of several of the administration’s executive actions.
The internal messages highlight the priority of these transfers, which may be implemented as soon as March 9. In a significant shift, eligibility criteria appear to be relaxed, with a willingness to consider less experienced candidates. Civil rights division communications suggest that the minimum three-year division seniority typically required is being waived.
The Department of Justice has cited immigration enforcement as a national security priority, underscoring its commitment to robustly defend these policies in the face of legal challenges. This recruitment drive includes an exemption to the general hiring freeze, offering opportunities to external candidates as well. Attorney General Pam Bondi’s “Day One memo” further heightens the emphasis on allegiance to policy goals, warning of consequences for attorneys unwilling to zealously advocate for the administration.
However, the administration’s initiatives have prompted concern and criticism within legal circles. Attorneys have distanced themselves from what they describe as controversial White House directives, and the Department has faced considerable attrition since the Trump administration began. Highlighting the urgency is Dennis Fan from Columbia Law School, who noted the additional reliance on temporary staff amid increasing demands placed on civil division attorneys.
Despite the contentious nature of these legal defenses, the department is actively recruiting for its federal programs, appellate, and immigration litigation sections. These divisions play pivotal roles, representing executive branch policies in litigation and drafting Supreme Court submissions.
The DOJ strategy also involves outreach via professional networks, with civil division head nominee Brett Shumate using LinkedIn to promote these openings. However, the response on these platforms reflects widespread skepticism regarding participation in defending the DOJ’s current agenda.