Just What Is Merrick Garland Plotting Before Trump Inauguration?

Attorney General Merrick Garland is urging Department of Justice lawyers to remain in their positions amid growing concerns of potential retaliation from a future Trump administration.

At a Glance

  • Garland is actively encouraging DOJ lawyers to stay despite fears of retribution
  • Trump’s potential FBI pick, Kash Patel, has called for prosecuting DOJ officials and journalists
  • An unprecedented number of DOJ lawyers are seeking new employment opportunities
  • Some DOJ staff are seeking legal advice in anticipation of potential harassment
  • Special counsel Jack Smith and his team are at the center of the controversy

Garland’s Efforts to Retain DOJ Lawyers

Attorney General Merrick Garland is facing a unique challenge as he attempts to prevent an exodus of Department of Justice lawyers. The looming threat of retribution from Donald Trump’s return to the White House has created an atmosphere of unease within the department. Garland and senior DOJ officials are actively advising lawyers to stay, emphasizing the importance of government continuity and the value of their expertise.

The situation has been exacerbated by Trump’s previous vows to seek retribution against the DOJ and his potential appointment of Kash Patel to a key position in the FBI. Patel has been vocal about his intentions to prosecute DOJ officials and journalists he deems part of the “deep state,” further intensifying concerns among DOJ staff.

Unprecedented Career Shifts

The Wall Street Journal reports an unprecedented surge in DOJ lawyers submitting resumes to law firms. These legal professionals fear retribution for their involvement in cases against Capitol rioters and Trump loyalists such as Peter Navarro and Steve Bannon. The uncertainty surrounding their professional futures has led many to seek alternative employment opportunities outside of government service.

The nervousness extends beyond mere job security. Some DOJ lawyers are taking proactive measures by seeking legal advice in anticipation of potential harassment or investigations from a future Trump administration. This unprecedented step underscores the level of concern among DOJ staff about the potential consequences of their current work.

Special Counsel Jack Smith at the Center

Special counsel Jack Smith and his team, who were involved in investigating Trump for election interference and mishandling classified documents, find themselves at the epicenter of this controversy. The high-profile nature of their work has made them particularly vulnerable to potential retaliation. As a result, some members of Smith’s team are expected to leave rather than return to their previous DOJ roles, further depleting the department of experienced personnel.

Adding to the complexity of the situation, Smith recently dropped both cases against Trump, citing DOJ policy against prosecuting a sitting president. This decision, while in line with existing protocols, has done little to alleviate the concerns of DOJ staff who fear they may still face repercussions for their involvement in these investigations.