By Steve Neavling
Attorney General Merrick Garland and senior Justice Department officials are urging career employees to remain in their roles as the department transitions to a new administration, The Washington Post reports, citing individuals familiar with these discussions.
Garland emphasized the importance of institutional knowledge and continuity during this period of change.
The transition has created unease among the more than 100,000 employees at the Justice Department, the nation’s largest law enforcement agency. Sources, who spoke anonymously to discuss internal matters, described a sense of uncertainty as Trump and his allies signal plans to remove career staffers and pursue political retribution.
The announcement of Trump’s initial pick for attorney general, former congressman Matt Gaetz, R-Fla., was met with shock within the department. Gaetz, a vocal Trump supporter with limited legal credentials, withdrew from consideration amid allegations of sex trafficking. His withdrawal brought some relief to Justice Department staff, though concerns persisted about Trump’s approach to the department’s independence.
Pam Bondi, a former Florida attorney general and Trump loyalist, was subsequently nominated for the role, adding to the apprehension among some employees. Meanwhile, Trump’s announcement that he would replace FBI Director Christopher Wray with Kash Patel, a staunch ally, further fueled concerns. Patel has openly criticized FBI investigations involving Trump and expressed a desire to overhaul the bureau.
With FBI directors serving fixed 10-year terms, Wray would need to resign or be removed for Patel’s nomination to proceed.
Trump has also proposed appointing personal defense attorneys who represented him in criminal cases to top Justice Department roles. While some of these lawyers have prosecutorial experience, their prior ties to Trump have raised questions about their ability to maintain independence.
Despite the uncertainty, many career staffers appear to be staying put for now, observing the transition before making decisions about their futures. Garland, speaking to staff at the U.S. Attorney’s Office for the Southern District of New York in mid-November, underscored the importance of the department’s mission.
“Now, for myself, I may be coming to the end of my tenure at the Justice Department, but I know that all of you will continue,” Garland said. “You will continue in the department’s mission, what has always been its mission: to uphold the rule of law, to keep our country safe and to protect civil rights. You … are the institutional backbone of this department.”
Career staffers, including prosecutors and FBI agents, have expressed a strong commitment to their work despite the challenges. “The clear intent is to scare career staffers out, but you know career prosecutors are tough, and agents are tough,” said a senior Justice Department official. “So good luck with that.”
Some employees, however, are exploring opportunities outside the government. Mary McCord, a former Justice Department official now leading the Institute for Constitutional Advocacy and Protection at Georgetown University, noted an uptick in inquiries from agency lawyers concerned about potential legal and ethical conflicts under the new administration.
“All of the worst things that Trump has said he would do will require the Justice Department,” McCord said. “People are afraid they will be asked to do things that they can’t do.”
