The Biden administration is facing criticism for using a special hiring authority to “Trump-proof” the Department of Justice (DOJ) by filling key positions with individuals who may be difficult to remove under a future Trump presidency. Protect the Public’s Trust, a nonpartisan watchdog group, warns that the administration is bypassing the usual competitive hiring process to place attorneys and civil servants in important roles through Schedule A authority.
Protect the Public’s Trust director Michael Chamberlain explained that Schedule A allows the administration to hire individuals without posting job openings on usajobs.gov, the government’s standard employment platform. “These individuals can gain civil service protections after two years, making it nearly impossible for a future administration to replace them,” Chamberlain noted.
The Biden administration has already used this authority to hire over 100 immigration judges and more than 150 attorneys in the DOJ’s Antitrust Division. Critics argue that this is part of a broader effort to cement Biden-era policies before a potential Trump victory in 2024.
The watchdog group also pointed to the administration’s rush to finalize progressive rules on climate change, abortion, and healthcare—moves designed to make it harder for a future administration to undo these regulations.
Critics say these actions are part of a larger strategy to entrench progressive policies across federal agencies, leaving little room for a future administration to change course. The White House has yet to comment on the watchdog group’s findings.