Justice Department’s top Civil Division lawyer resigns amid wave of departures
Abrupt resignation surprises colleagues
The top lawyer in the Justice Department’s Civil Division resigned Monday, the latest departure in a wave that began after Democrats won back control of the House and Senate in the midterm elections. The resignation took effect immediately.
Sources told CBS News that lawyers in the division were surprised by the sudden departure. One source familiar with the matter said Miller had previously criticized the lawyer and viewed him as insufficiently aggressive; the source said that criticism played a role in the decision to step down.
Blanche praises Shumate’s work
Shumate, a former partner at Jones Day, had served in the Civil Division during Trump’s first term. Attorneys there widely viewed him as a reasonable and decent leader amid turmoil at the Justice Department.
Division defends administration actions
The Civil Division has taken novel or controversial legal positions while defending the government against hundreds of lawsuits. Its cases have included challenges related to aggressive mass deportation policies and renovation projects Trump personally directed.
Gaiser considered for judgeship
T. Elliot Gaiser, assistant attorney general in the Justice Department’s Office of Legal Counsel, is being considered by Trump for a nomination to the U.S. District Court for the Northern District of Texas. A Senate aide confirmed that the department had submitted Gaiser’s nomination paperwork. The Office of Legal Counsel advises the executive branch and issues opinions on difficult legal questions.
Key points
- Shumate’s resignation from the Civil Division took effect immediately Monday.
- Blanche praised Shumate’s litigation challenging sanctuary policies and local policies affecting federal law enforcement.
- A source said Miller’s criticism of Shumate’s aggressiveness contributed to his decision to resign.
- T. Elliot Gaiser is being considered for a judgeship in the Northern District of Texas.