The Biden-Harris administration is reportedly using a loophole to hire permanent appointees in critical DOJ positions, potentially undermining the agenda of future administrations and raising concerns about the politicization of the justice system.
The Biden-Harris administration's attempt to "Trump-proof" the Department of Justice (DOJ) has come to light, with troubling implications for the future of the justice system. According to a watchdog group's public records request, the administration is utilizing Schedule A hiring authority, an obscure method that bypasses normal merit-based hiring processes, to secure hundreds of attorney and judge positions in career civil service roles.
This tactic allows the administration to appoint individuals who will perpetuate their policies even if former President Donald Trump or another administration takes office in 2025. The Office of Personnel Management (OPM) permits Schedule A hires for certain roles, such as chaplains and scientists, and for individuals with disabilities. However, the Biden administration has expanded its use to highly politicized offices like the Environment and Natural Resources Division (ENRD).
Biden Administration Exploits Obscure Hiring Power to Secure Justice Department
The Anti-Trust Division and immigration judges have also been targeted for Schedule A appointments. Anti-trust enforcement, once a relatively non-partisan field, has become increasingly aggressive under the Biden administration, sparking concerns about politicization. Immigration judges, responsible for determining noncitizens' eligibility to remain in the country, have also been appointed outside the merit-based system, potentially impacting cases related to the administration's immigration policies.
According to Protect the Public's Trust (PPT), the watchdog group that obtained the FOIA documents, "The ENRD is a vital office in advancing the Biden-Harris administration’s energy and climate policies, and the placement of Biden-Harris loyalists is a means to defend those policies even if a future Trump (or other) administration seeks to change them."
Biden Administration Exploits Obscure Hiring Power to Secure Justice Department
The magnitude of these hires has raised concerns, as certain offices like ATF, the Office of the Inspector General, and the Civil Rights Division have refused to share records, citing privacy or related exemptions.
This move by the Biden administration follows an earlier decision to make it more difficult to fire federal workers, deemed "a step toward combatting corruption and partisan interference" by the administration. The Office of Personnel Management has implemented regulations barring career civil servants from being reclassified as political appointees, who can be dismissed more easily.
Biden Administration Exploits Obscure Hiring Power to Secure Justice Department
Former Deputy Assistant Attorney General John Yoo has condemned the actions of the Biden administration, urging Congress to investigate the justice system and arguing that Americans should consider the potential weaponization of the system when voting this November.
The consequences of the Biden administration's actions are far-reaching. By exploiting Schedule A hiring authority, they are potentially cementing their policies and undermining the ability of future administrations to implement their own agendas. The politicization of the justice system jeopardizes its impartiality and raises concerns about the democratic process.
Biden Administration Exploits Obscure Hiring Power to Secure Justice Department
The implications extend beyond the current political climate. The foundations of our republic rest on the Constitution, which vests decision-making authority in the executive branch, principal officers, and inferior officers in government agencies. Attempts to undermine the ability of these officials to make informed decisions seem undemocratic.
The hiring practices of the Biden administration are a serious departure from the traditional merit-based system that has served the justice system well. It is crucial for Congress and the American people to scrutinize these actions and demand accountability to ensure the fairness, impartiality, and integrity of the Department of Justice.
Biden Administration Exploits Obscure Hiring Power to Secure Justice Department
