A wave of resignations has hit the Department of Justice, as approximately two-thirds of the unit tasked with defending former President Trump’s policies have exited since January, raising fresh concerns over staffing shortages within an office already stretched by high-profile litigation. Between January 2021 and mid-2025, nearly 70% of attorneys left the Office of Legal Counsel and similar divisions, drawn away by civil-sector positions or internal transfers, according to court documents and disclosures in a recent federal proceeding .
The early departure of experienced lawyers has weakened institutional capacity at a time when the DOJ is grappling with complex legal battles involving executive privilege, immigration policy and pandemic-era directives. Former staff describe a “brain drain” atmosphere, with remaining lawyers working under heavier caseloads and relying increasingly on less experienced counsel – a shift that could affect case outcomes and slow court responses.
Resignations appear to have accelerated after key appellate losses and criticism of DOJ refusal to enforce certain Trump-era measures, prompting some career attorneys to pursue greater independence in private practice or pro bono roles. Interviewed former staff noted a sense of discomfort with the DOJ’s evolving priorities, with one stating, “You could feel the shift in mission” – highlighting how shifting political winds have influenced personnel decisions.
For litigants challenging or defending administrative policies, the exodus signals an erosion of DOJ’s readiness. Courts may soon see sharper motions for continuances, and both sides could face evidence submission delays or reduced briefing quality. Meanwhile, internal morale appears strained, as leadership works to fill gaps amid growing scrutiny from Congress and watchdog bodies over the department’s institutional integrity.
Looking ahead, the DOJ may need to accelerate hiring efforts, revisit retention incentives, or adjust organisational structure to stabilise these critical units. How effectively it addresses this human capital erosion could determine the efficiency of policy defence and the department’s ability to respond swiftly to future legal challenges arising across presidential administrations.
