Weissmann Warns DOJ Faces ‘Autocratic Route’ as Trump Targets Civil Servants

One of former President Donald Trump’s responses to the appointment of special counsel Robert Mueller to investigate Russian interference in the 2016 election was to retaliate against those he viewed as enemies. This included ordering an invasive IRS audit of former FBI officials Andrew McCabe and Jim Comey. Several lawyers on Mueller’s team were also scrutinized and forced to fund their own costly legal defenses.

Now, as Trump prepares for a potential second term, MSNBC’s Nicolle Wallace raised concerns about how his administration might treat current Justice Department employees under Attorney General Merrick Garland. In a conversation with former Mueller senior prosecutor Andrew Weissmann, Wallace questioned what could happen to DOJ officials and civil servants. She noted that, given Trump’s apparent immunity from further impeachment and a Supreme Court decision granting him broad protections, there may be few checks on his power in targeting opponents within the DOJ.

Weissmann explained that the Justice Department’s nonpartisan civil servants are guided by their oath of office to uphold justice. However, he expressed concern that Trump’s plan might include replacing these professionals with politically aligned staff, thereby removing those willing to objectively uphold the rule of law. “If the plan is to remove those non-partisan civil servants and replace them with political ones, it means there won’t be people left to call foul balls,” Weissmann warned.

Reflecting on the recent election, Weissmann cautioned that incoming leaders could misinterpret their victory as a blanket mandate for their policies. “One of the mistakes people make…is for the people taking power to think that it’s a mandate for the policies that they’re advocating,” he explained, suggesting that they risk “over-reading” the election results and going “way too far.”

In Weissmann’s view, Trump’s approach to the DOJ risks taking an “autocratic route” that could alienate some of his own supporters. Weissmann further emphasized the DOJ’s critical role as a “cornerstone of our democracy,” noting that authoritarian regimes often target justice institutions first. “With the Department of Justice, it may not be at the top of everyone’s mind,” he said.

“But for people like me, for lawyers, for people who have been in the department, I view it as a cornerstone of our democracy, and it’s something that autocratic regimes…go after to take exclusive and reclusive authority, and chill any sort of opposition.” Weissmann’s concerns underscore the potential challenges the DOJ may face under Trump’s leadership if he installs loyalists who might hinder the department’s objective function.

He fears this restructuring could erode the checks and balances essential for a functioning democracy. Recalling Trump’s actions during Mueller’s investigation, Weissmann’s remarks highlight a broader pattern of actions that could return under Trump’s second term, threatening the independence and nonpartisan operation of the Justice Department.

As Trump and his allies gear up for a possible new administration, Weissmann’s warning sheds light on the risk of politicizing the DOJ—a move that could destabilize the department’s role as an impartial defender of justice and potentially chill any opposition to executive decisions. For DOJ civil servants, the coming years could test their commitment to upholding democratic principles in the face of unprecedented political pressures.