Last Updated on July 19, 2025 by ThePublic
The U.S. Justice Department’s Federal Programs Branch, tasked with defending the Trump administration’s bold and often controversial policies, is facing a crisis of attrition. According to a list compiled by former Justice Department lawyers and reviewed by Reuters, nearly two-thirds of the unit’s staff, 69 out of approximately 110 lawyers, have either left voluntarily since President Donald Trump’s election in November or have announced plans to depart. This unprecedented exodus, verified through court records and LinkedIn profiles, signals deep unrest within a critical arm of the Justice Department.
A Wave of Departures
The Federal Programs Branch is responsible for defending challenges to White House and federal agency policies in federal trial courts. Its lawyers have been at the forefront of defending high-profile Trump administration actions, including restricting birthright citizenship and slashing $2.5 billion in funding to Harvard University. However, the unit has seen an extraordinary turnover, with at least 10 of its 23 supervisors, experienced litigators who often served across administrations, among those who have left.
Former lawyers and insiders describe a punishing workload and ethical dilemmas as key drivers of the departures. “Many of these people came to work at Federal Programs to defend aspects of our constitutional system,” said one former lawyer who exited during Trump’s second term, speaking anonymously to avoid retaliation. “How could they participate in the project of tearing it down?” Others cited fears of being pressured to misrepresent facts or legal arguments in court, a violation of legal ethics that could lead to professional sanctions.
Defending the Indefensible?
Critics argue that the Trump administration has pushed the boundaries of executive power, retaliating against perceived enemies and dismantling congressionally created agencies. While the administration defends its actions as within the legal scope of presidential authority, pointing to early victories at the Supreme Court, many career lawyers have found the policies difficult to justify. The Justice Department spokesperson acknowledged the unit is grappling with an “unprecedented number of lawsuits” but emphasized its success in defending Trump’s agenda, stating, “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 White House, through spokesperson Harrison Fields, dismissed concerns about the departures, calling critics “sanctimonious career bureaucrats” and defending the legality of Trump’s actions. However, the scale of the turnover is striking. While some turnover is expected between administrations, sources familiar with the unit say the current wave far exceeds departures during Trump’s first term or the Biden administration.
A Strained Workforce
The Justice Department has scrambled to address the staffing shortage. More than a dozen lawyers have been temporarily reassigned to the Federal Programs Branch from other parts of the department, and the unit has been exempted from a federal hiring freeze. Additionally, about 15 political appointees, many with a history of advocating conservative causes, have been brought in to bolster the unit’s efforts. According to Mike Davis of the pro-Trump Article III Project, these new attorneys are more willing to “advocate on behalf of their clients and not fear the political fallout.”
Still, the departures have raised concerns about the unit’s ability to handle its critical workload. The Federal Programs Branch is central to defending initiatives like the cost-cutting Department of Government Efficiency, formerly overseen by Elon Musk, and Trump’s controversial executive orders. Lawyers in the unit are also bracing for an anticipated surge in class action lawsuits, including challenges to Trump’s birthright citizenship order, one of which was granted class status by a judge on Thursday.
Ethical and Legal Tensions
The pressure on career lawyers has intensified under Attorney General Pam Bondi, who in February warned of disciplinary action against those who fail to vigorously defend Trump’s agenda. Four former lawyers expressed concerns that such directives could push attorneys to make legally or ethically questionable arguments. These fears were amplified by the firing of Erez Reuveni, a former supervisor in a separate Justice Department unit, who alleged in a whistleblower complaint that he faced pressure to make unsupported legal arguments in immigration cases. The Justice Department disputes his claims, with senior official Emil Bove denying any instructions to defy courts.
Additionally, some lawyers have struggled to defend executive orders targeting law firms, all four of which were struck down as unconstitutional. A longtime ally of Bondi defended these actions as lawful, but the Trump administration’s plans to appeal at least one case signal ongoing legal battles.
A Critical Juncture
The Federal Programs Branch’s role is only set to grow as the Trump administration leverages a recent Supreme Court ruling limiting judges’ ability to block its policies nationwide. Yet, with its ranks depleted and morale strained, the unit faces significant challenges in sustaining the administration’s ambitious agenda. “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,” said Peter Keisler, a former Justice Department official under President George W. Bush.
As the Justice Department navigates this turbulent period, the exodus of experienced lawyers raises questions about the sustainability of its legal strategy and the broader implications for the rule of law. For now, the Federal Programs Branch remains a critical battleground in the fight over the Trump administration’s vision for America.
Resources:
Two-thirds of the DOJ unit defending Trump policies in court have quit
Trump Admin’s Supreme Court Lawyers Quit
https://www.newsweek.com/trump-supreme-court-lawyers-quit-doj-policy-unit-2099521
Justice Department unit defending Trump policies is losing nearly two-thirds of its lawyers, report says
DOJ Lawyers Quit in Droves After Being Ordered to Defend Trump
https://www.thedailybeast.com/exhausted-doj-team-defending-trump-in-court-hit-by-mass-exodus