Nearly two-thirds of the U.S. Justice Department’s unit responsible for defending key Trump administration policies in court, have left their positions since President Donald Trump‘s November election or announced plans to leave, according to a new list.
Of the approximately 110 lawyers in the Federal Programs Branch, 69 have departed or signaled their intention to depart, according to the list. Reuters, which first reported the list, said it had verified the departure of all but four.
The resignations could pose significant challenges for the unit that is tasked with handling an unprecedented wave of lawsuits targeting the administration’s actions, including restrictions on birthright citizenship and funding cuts to Harvard University.
A Justice Department (DOJ) spokesperson told Newsweek its attorneys “are working tirelessly to fight the unprecedented number of lawsuits filed against the President’s executive orders, policies, and actions,” noting it has defeated many such lawsuits and is hiring to replace those who have left “in order to defend the President’s policies.”
Why It Matters
The loss of such a large segment of experienced federal lawyers could raise questions about the Department of Justice (DOJ) ability to defend President Trump’s highly contested policy agenda in court.
The unit remains at the center of litigation involving orders to restrict birthright citizenship, cut federal support to Harvard University, and defend initiatives of the Department of Government Efficiency.
These cases, coupled with a Supreme Court ruling limiting the ability of judges to block administration policies nationwide, suggest continued legal scrutiny of President Trump’s agenda.
Departures from the Federal Programs Branch have reportedly outpaced those seen during both the first Trump administration and the tenure of former President Joe Biden, an unusual trend even during periods of routine political transition.
What To Know
The Federal Programs Branch, a critical unit within the Justice Department’s Civil Division, has faced what multiple former attorneys described as unprecedented turnover in recent months.
At least 10 out of 23 supervisors have departed, many of them seasoned litigators who served under both Democratic and Republican administrations, Reuters reported.
Seven current and former DOJ officials, not named by Reuters, cited exhaustion with an overwhelming caseload, demoralization over the nature of the arguments required to defend Trump administration policies, and concerns over ethical obligations as the main reasons for leaving.
Three of the lawyers interviewed said there were fears of being pressured to misrepresent facts or legal questions in court, a violation of attorney ethics rules with potential professional sanctions.
The White House insisted the president’s actions were within legal bounds.
“Any sanctimonious career bureaucrat expressing faux outrage over the President’s policies while sitting idly by during the rank weaponization by the previous administration has no grounds to stand on,” said White House spokesperson Harrison Fields in a statement to Reuters.
The Department of Justice said that lawyers in the unit have been facing an “unprecedented number of lawsuits” and that the department “has defeated many of these lawsuits all the way up to the Supreme Court and will continue to defend the President’s agenda to keep Americans safe.”
The mass departures from the Federal Programs Branch mirror broader shake-ups in the Justice Department. The Trump administration has reassigned lawyers from other DOJ sections and hired roughly 15 political appointees, many with experience in defending conservative causes, to fill the gap.
The unit has been exempt from the federal hiring freeze, but the challenge of preserving institutional knowledge remains.
Administrative pressure has heightened concerns among career lawyers. Attorney General Pam Bondi warned in February that disciplinary action could be imposed on lawyers perceived as not vigorously defending President Trump’s agenda.
What People Are Saying
Peter Keisler, former Civil Division chief under President George W. Bush, said to Reuters on July 14: “We’ve never had an administration pushing the legal envelope so quickly, so aggressively and across such a broad range of government policies and programs. The demands are intensifying at the same time that the ranks of lawyers there to defend these cases are dramatically thinning.”
Mike Davis, head of the Article III Project: “They have to be willing to advocate on behalf of their clients and not fear the political fallout” (on the new DOJ appointees aiding civil litigation).
Asked about recruitment and public confidence, a DOJ spokesperson told Newsweek: “Our attorneys in the Federal Programs Branch and elsewhere across the Civil Division are working tirelessly to fight the unprecedented number of lawsuits filed against the President’s executive orders, policies, and actions. The Department has defeated many of these lawsuits all the way up to the Supreme Court and will continue to defend the President’s agenda to keep Americans safe.”
DOJ Senior Media Affairs Manager Natalie Baldassarre, told Newsweek: “We are hiring to keep pace with Garland-era levels and backfill people who have left in order to defend the President’s policies in light of litigious plaintiffs and the onslaught of TROs that have been filed.”
What Happens Next
The Justice Department is actively recruiting replacements and rearranging personnel to maintain its litigation capacity as contentious legal challenges to Trump administration policies persist.
Federal courts are poised to rule on several high-profile cases, including constitutional challenges to orders on birthright citizenship and federal funding.
The outcome of current lawsuits and the department’s ability to defend future policy actions remain uncertain as the administration continues to reshape DOJ staffing and approach.
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