Trump’s Power Play: Allies Plot Takeover of Justice Department & FBI
Some of Donald Trump’s allies are drafting proposals to reduce the Justice Department’s independence and transform it into a force for conservative causes, according to nine individuals involved in the effort who spoke to Reuters.
If implemented, this overhaul could be one of the most significant actions of a potential second Trump presidency, given the Justice Department’s critical role in safeguarding democratic institutions and enforcing the rule of law.
This change would represent a stark shift from the department’s mission statement, which emphasizes “independence and impartiality” as core values.
Trump, facing numerous criminal charges from the Justice Department, has pledged on the campaign trail to revamp the agency if he wins the November 5 presidential election and to use it against his opponents, including Democratic President Joe Biden.
The plan, as described by the nine sources, is twofold: first, to fill the Justice Department with staunch conservatives who are unlikely to reject controversial directives from the White House; second, to restructure the department so that key decisions are controlled by administration loyalists rather than career officials.
The FBI, viewed by many Republicans as biased against them, would face new limitations on its authority, with several responsibilities transferred to other law enforcement agencies, according to the sources.
Steve Bannon, a prominent Trump ally who was prosecuted by the Justice Department and convicted for contempt of Congress, stated, “Trump feels that the DoJ has institutional problems. It’s not just personnel: you do need to purge the DoJ, but you also need to reform it.”
Reforming the Justice Department would enable the Trump administration to advance conservative policy goals, such as dismantling workplace diversity programs and ending federal oversight of police departments accused of racist practices.
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In response to Reuters’ questions, the Trump campaign referred to a December statement from co-campaign managers Susie Wiles and Chris LaCivita, saying that only messages directly from President Trump or authorized campaign members should be considered official regarding future staffing or policy announcements.
The campaign has few full-time policy staffers, with Trump and his team frequently consulting outside groups, including those making recommendations on the Justice Department.
With Trump leading in most swing states likely to determine the November election, his advisers may have a chance to implement their ideas.
Trump’s promises to reform the Justice Department are well known, but there has been less focus on the specific measures his allies and advisers are proposing.
Two prominent Trump allies told Reuters they support eliminating the FBI’s general counsel, an office that angered Republicans during Trump’s first term for its role in approving an investigation into his 2016 campaign’s contacts with Russian officials.
The general counsel provides legal advice to FBI employees on ongoing investigations and other matters. Eliminating it would force the bureau to get legal guidance from people closer to Trump’s attorney general, thereby limiting the FBI’s ability to conduct investigations without close political oversight, according to several Trump supporters and legal professionals familiar with the department’s operations.
Biden campaign spokesperson Ammar Mousa stated that Trump and his allies are prioritizing “Trump’s revenge and retribution ahead of what is best for America.” The FBI did not immediately respond to a request for comment.
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Trump’s allies argue that as the head of the executive branch, the president should have broad authority to direct and oversee the Justice Department. Most Democrats and some Republicans reject this view, insisting that the Justice Department needs significant independence to administer justice impartially, including investigating a president’s close political allies.
Kristy Parker, a former federal prosecutor now at Protect Democracy, said, “There are always enforcement disputes … That is standard politics. What is not standard politics is somebody coming in and saying we are going to jettison the idea that the Department of Justice should have a wall of separation between it and the personal political agenda of the president.”
Many of the proposals are being crafted by a consortium of conservative think tanks known as “Project 2025,” which is preparing detailed plans for a second Trump presidency. Project 2025 told Reuters it does not speak for the Trump campaign.
These allies are also exploring federal regulations to find new ways to bring committed conservatives into the Justice Department at the beginning of a potential Trump term, contrasting with Trump’s chaotic 2016 transition, which involved little policy planning.
Trump’s first administration saw conflicts with his attorney general and FBI director, who angered him by not stopping inquiries into his 2016 campaign. His associates say he is determined not to repeat that experience.
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Trump currently faces 88 charges in four criminal cases—two brought by the DoJ—related to efforts to overturn the 2020 election, retaining classified documents after leaving office, and alleged efforts to cover up a hush money payment to a porn star. He denies any wrongdoing and claims the charges show the Justice Department is biased against him. The department denies this, asserting that it conducts investigations impartially.
Attorney General Merrick Garland recently condemned “unprecedented and frankly unfounded attacks on the Justice Department.” While promising a non-partisan justice system, Trump has called for the arrest of many political opponents and pledged on Truth Social to appoint a “special prosecutor” to investigate Biden.
Some allies do not fully endorse Trump’s rhetoric of revenge but agree that the president should have greater control over the Justice Department and FBI. Steve Bradbury, a former Justice official, argued that independent power centers with vast resources and coercive power risk abuse if not controlled by the president.
Bradbury and Gene Hamilton, a senior Justice Department official under Trump, both support eliminating the FBI’s general counsel and changing the Justice Department’s chain of command so that the FBI director reports to politically appointed assistant attorneys general rather than the deputy attorney general.
Bradbury and other legal experts believe these changes could be made without congressional approval, ensuring that the bureau’s enforcement priorities align with the White House’s policies. Critics argue these measures would undermine the Justice Department’s and FBI’s independence.
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Some Trump allies also want to narrow the scope of FBI investigations, arguing the bureau’s focus is too broad for effective oversight by political appointees. Bradbury suggested in a policy memo that other law enforcement agencies could take over areas where their jurisdiction overlaps with the FBI, leaving the bureau to focus on “large-scale crimes and threats to national security.”
Ensuring the Justice Department is filled with allies is as important as restructuring it, Trump allies argue. Trump has supported an executive order known as “Schedule F,” allowing him to replace thousands of civil servants with conservative allies, expanding the number of political appointments in the Justice Department.
Some allies of Project 2025 also want to use the Intergovernmental Personnel Act to bring in outside experts with the help of non-profits. AFSCME Local 2830, a union representing some Justice Department employees, expressed concern that Trump officials would fill positions to further their partisan agenda instead of upholding federal laws and the Constitution.
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With the right structure and personnel, Trump would be better prepared to pursue conservative policy goals, his supporters say. Many proposals relate to how the federal government polices civil rights. For instance, Hamilton suggested the Justice Department should investigate whether corporations are discriminating against whites by implementing programs to increase diversity, deriving authority from the 1964 Civil Rights Act.
Hamilton also called for significantly reducing court-monitored settlements, known as “consent decrees,” between the Justice Department and local police departments, which aim to curb civil rights abuses. Conservatives view these agreements as overreach by the federal government, while rights advocates argue they address longstanding inequities. Christy Lopez, a Georgetown professor and former Justice Department official, noted that the department reduced its police accountability work during Trump’s first term, and there’s no reason to believe it wouldn’t continue if he returns to office.
Trump’s Power Play: Allies Plot Takeover of Justice Department & FBI