DOJ, FBI Officials Consider Lawyering Up, Anticipating Criminal Investigations Once Trump Returns

As President-elect Donald Trump prepares for his second term in office, a growing number of current and former officials from the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) are reportedly taking steps to hire legal representation in anticipation of potential criminal investigations. According to NBC News, several individuals within these agencies are bracing for the possibility of being scrutinized by the incoming administration, reflecting a deep-seated belief that Trump is committed to following through on his promise to cleanse the federal government of what he has described as rogue and corrupt actors within the administrative state.

The term “administrative state” refers to the expansive network of unelected bureaucrats and government agencies that exert significant influence over policy and governance, often without direct accountability to voters or elected representatives. Critics argue that these bureaucrats, often insulated from public criticism, can implement their own agendas, often at odds with the priorities of elected officials.

One of Trump’s central critiques of the administrative state during his first term was the idea that unelected bureaucrats had far too much power and were acting outside the bounds of the Constitution. As part of his efforts to reform the bureaucracy, Trump signed an executive order towards the end of his first term that sought to reclassify federal employees into a category known as Schedule F. This was designed to enhance control over federal agencies by allowing the president to more easily remove nonpartisan career bureaucrats based on their job performance. Trump argued that many civil service protections afforded to federal employees shielded individuals who were underperforming or who used their positions to promote partisan agendas.

Though President Joe Biden rescinded Trump’s Schedule F order after taking office, experts have speculated that a second Trump administration could quickly reinstate the order. This could lead to the removal of large numbers of government workers who have become fixtures within the bureaucratic system, triggering what some predict to be a “shockwave” through the federal government.

The decision to seek legal counsel before any formal investigations begin is indicative of the heightened sense of concern within the federal bureaucracy. Sources have suggested that these individuals are preparing for what could be a significant shift in how the federal government operates under Trump’s leadership.

Mark Paoletta, a senior advisor to Trump’s transition team, made the incoming administration’s expectations clear in comments directed at career DOJ attorneys last week. Paoletta warned that any attempts to undermine or sabotage Trump’s incoming agenda would lead to swift termination. He outlined several key policy areas where the DOJ could be called upon to support Trump’s objectives, including immigration enforcement, border security, affirmative action policies, and investigating big tech companies for censorship practices. He also mentioned pardons and commutations for individuals involved in the January 6 Capitol riot.

The apprehension within the DOJ and FBI also comes amid growing concerns over the role that unelected officials play in shaping national policy behind the scenes. One particularly controversial episode involved a 2020 letter signed by 51 former intelligence officials who sought to discredit the Hunter Biden laptop story as “Russian disinformation.” The letter was used to undermine reporting on the contents of the laptop, which contained evidence of Hunter Biden’s overseas business dealings, before the 2020 presidential election. Over a year after the story went public, it was confirmed that the laptop was authentic and the New York Post’s reporting was accurate.

It has since emerged that some of the signatories of the letter were likely aware that the laptop was legitimate, as the FBI had already possession of the device. Many of those involved, including Secretary of State Antony Blinken, were linked to the Biden campaign. Critics argue that the intelligence community played a role in manipulating the political narrative by lying to advance the Democratic Party’s interests.

As the incoming Trump administration prepares to challenge the existing power structure, the fate of these individuals—and the broader trajectory of the federal bureaucracy—may hinge on this battle for control. The stakes could not be higher, as the integrity and accountability of America’s federal institutions are called into question. For now, officials within the DOJ and FBI appear to be bracing for a turbulent period ahead, with the potential to reshape the way government operates for years to come.