The top lawyer for the Justice Department’s civil division resigned Monday, marking the latest in a wave of departures since Democrats regained control of the House and Senate in the midterm elections.
Brett Shumate, deputy attorney general for the civil division, submitted his resignation Monday, leaving behind a division that has struggled to keep pace as it defends the federal government in a series of lawsuits since President Trump took office.
Attorney General Todd Blanche, in a statement on
Last week, Justice Department deputy attorneys general national security And civil rights divisions also left, leaving these key offices also without Senate-confirmed leadership. The U.S. Attorney for the Southern District of Florida, who oversaw the so-called “grand conspiracy” investigation into Obama and Biden-era intelligence officials. also left last week.
Meanwhile, Mr. Trump is considering nominating T. Elliot Gaiser, assistant attorney general in the Justice Department’s Office of Legal Counsel, to serve on the U.S. District Court for the Northern District of Texas, according to a Senate aide, who confirmed that the Justice Department has submitted its nomination materials. The Office of Legal Counsel provides legal advice to the executive branch, issuing opinions on thorny legal issues.
Gaiser is the author of controversial legal opinions such as the classified legal justification for U.S. military boat strikes targeting suspected drug traffickers. He does not appear to have any direct ties to Texas, other than a one-year clerkship at the U.S. Court of Appeals for the Fifth Circuit.
Shumate, a former partner at the Jones Day law firm, was widely viewed by Civil Division lawyers as a reasonable and “decent” leader at a time when chaos descended on the Justice Department, forcing it to take often new or controversial legal positions to defend the government against hundreds of lawsuits.
He also served in the civil division during Mr. Trump’s first term.
Under Shumate’s leadership, the department fought to defend countless firings of career civil servants, many of which received no explanation other than a letter citing Article II of the U.S. Constitution.
He has also championed controversial and aggressive mass deportation policies, as well as a number of controversial renovation projects that Mr. Trump personally spearheaded, including efforts to demolish the East Wing of the White House and replace it with a ballroom, as well as renovations of the Kennedy Center and the East Potomac Golf Course.
The Civil Division also had to face a flood of habeas corpus petitions immigrants detained this year, after an immigration court run by the Justice Department made a sweeping decision that the government could essentially detain large numbers of immigrants indefinitely while their deportation proceedings are underway.
Civil Division attorneys were surprised by the abrupt and unexpected nature of Shumate’s resignation, which took effect immediately, sources told CBS News.
His departure comes after Stephen Miller was named White House chief of staff last week, replacing Susie Wiles.
A source familiar with the matter told CBS News that Miller had been critical of Shumate in the past and believed he was not aggressive enough, which was a factor in Shumate’s decision to step down.
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