(WASHINGTON) — Over the weekend, the former chief of staff of the Justice Department — who was one of Attorney General Pam Bondi’s top advisers during her first seven months on the job — issued a public call for lawyers who “support President Trump” to join the Justice Department’s ranks.
In a post on X, the former chief of staff, Chad Mizelle, seemed to suggest he could help such applicants become career federal prosecutors — who by law are supposed to be apolitical.
“DM me,” Mizelle wrote, referring to direct messages sent privately to him. “We need good prosecutors.”
Forty minutes later, one of President Donald Trump’s top policy advisers, White House Deputy Chief of Staff Stephen Miller, reposted Mizelle’s message, adding, “Patriots needed.” And then on Monday, the current U.S. attorney for the Southern District of Florida, Jason Reding Quinones, also reposted Mizelle’s message, saying, “We are hiring!”
There are political appointees within the Justice Department, including certain leaders based in Washington and the U.S. attorneys who oversee offices around the country — but the assistant U.S. attorneys, or AUSAs, who investigate and prosecute cases in those offices are supposed to be nonpolitical and nonpartisan.
Appearing on a conservative podcast on Monday, Mizelle said he has received “hundreds and hundreds of inquiries already” from lawyers looking to become AUSAs. But his posting, and the subsequent promotion of it by current senior government officials, has roiled some former federal prosecutors on both sides of the political spectrum.
“We shouldn’t have a favorite politician in the Justice Department; we should have a favorite document, and that’s the Constitution,” former prosecutor Perry Carbone told ABC News.
Carbone, who spent more than three decades as a federal prosecutor and until May was the chief of the criminal division at the U.S. Attorney’s Office for the Southern District of New York, said that Mizelle’s post has “generated a lot of discussion” among former federal prosecutors, who are concerned about its implications.
“It’s dangerous,” he said of what the post could mean. “The day that Department of Justice lawyers are hired based on loyalty to a person … is the day the rest of us should get very nervous.”
He said the message in Mizelle’s post — and the reposts by Reding Quinones and Miller — “flatly contradict” federal laws and regulations pertaining to the hiring of career federal employees.
He cited federal laws, including the Civil Service Reform Act, that specifically prohibit favoring or discriminating against applicants for federal civil-service jobs based on their “political affiliation.”
“The law is very clear,” Carbone said.
He also cited the Justice Department’s own manual, which says, “All personnel decisions regarding career positions in the Department must be made without regard to the applicant’s or occupant’s partisan affiliation.”
“Efforts to influence personnel decisions concerning career positions on partisan grounds should be reported to the Deputy Attorney General,” the manual states.
Andy McCarthy, a conservative commentator and frequent Trump critic who himself served as a federal prosecutor in the Southern District of New York for nearly two decades, also blasted Mizelle’s post.
“If support for [the current] president is now a condition of enforcing federal law, Congress should defund DOJ. DOJ should only exist if it’s nonpartisan. Too dangerous to liberty otherwise,” McCarthy wrote.
“If AG Garland’s office had posted this, MAGA & GOP would be calling for impeachment,” he added, referring to Merrick Garland, the Biden administration’s attorney general.
Appearing on former Trump adviser Steve Bannon’s podcast Monday, Mizelle defended his post, saying that Article II of the Constitution explicitly states that “all executive power shall be vested in a president of the United States,” so “any time an executive branch officer is using executive power — an AUSA indicting somebody or … bringing criminal evidence against somebody — all of that is executive power that’s included.”
Mizelle said that when he was working for Bondi last year, his “job as chief of staff” was to “root out a lot of this stuff,” so, “On Day 1 we dismissed about 100 people who we thought were working against Donald J. Trump,” and then “thousands” more left.
“That’s how government should work. It should work that if you can’t follow the wishes of the duly elected president of the United States, then you need to leave. And all we’re looking for now are people who want to follow his agenda,” Mizelle said.
But Carbone said he rejects Mizelle’s analysis of the Constitution and the work of federal prosecutors under changing administrations. While policies may change, prosecutors “have to exercise independent professional judgment, not political obedience,” he said.
That’s underscored by a 2008 report from the Justice Department’s inspector general, who launched an investigation at the time into allegations that the Justice Department under President George W. Bush had been improperly using political affiliations to screen candidates for an apolitical summer internship program and a program that hired recent law graduates without prior legal experience.
In his report, the inspector general noted that “both DOJ policy and civil service law prohibit discrimination in hiring for DOJ career positions on the basis of political affiliations,” and said courts have considered “political affiliation” to include “commonality of political purpose, partisan activity, and political support.”
After his office’s investigation, the inspector general concluded that two political appointees in the department “took political or ideological affiliations into account in deselecting candidates in violation of Department policy and federal law.”
As for Mizelle’s recent post, Carbone said it is “just another symptom” afflicting a Justice Department that “has been building this reputation of independence for 50 years, since Watergate, and now here we are in a place where we’ve taken a giant step back.”
Mark Rotert, an AUSA in the U.S. Attorney’s Office in Chicago during the 1980s and 1990s, who was also on his office’s hiring committee, agreed, calling Mizelle’s post “disgraceful.”
“It never would have occurred to us to explore what the candidate’s views were about the president, or what kind of job the president is doing,” Rotert said of his time on the hiring committee. “Partisan politics were never considered a relevant or even an appropriate discussion point.”
Carbone also said that while Mizelle may not work at the Justice Department anymore, the boost it received from Miller, a senior White House official, and Reding Quinones, a U.S. attorney, shows how connected Mizelle still is — or at the least how his message “is supported by high-level people in the Justice Department.”
Mizelle’s post comes as the Justice Department faces increasing pressure over its handling of a wide array of politically charged matters, including firing prosecutors and investigators who were involved in previous Trump-related investigations; filing federal charges against or otherwise investigating many of President Trump’s political enemies; failing to initially investigate the officer who fatally shot Renee Good in Minneapolis last month; and most recently last week’s FBI seizure of ballots and other records related to the 2020 election from an elections office in Fulton County, Georgia.
A Justice Department spokesman did not respond to a message from ABC News seeking comment. The U.S. Attorney’s Office for the Southern District of Florida also did not respond to a message seeking comment from ABC News.
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