Call for Politically Aligned Prosecutors Sparks Controversy within Justice Department

Chad Mizelle, former chief of staff to Attorney General Pam Bondi, publicly called for lawyers who "support President Trump" to join the Justice Department as career federal prosecutors. Mizelle, in a post on X, indicated he could assist applicants, stating, "We need good prosecutors."

This message was subsequently reposted by White House Deputy Chief of Staff Stephen Miller, who added "Patriots needed," and by Jason Reding Quinones, the current U.S. attorney for the Southern District of Florida, who stated, "We are hiring!"

Context on Federal Hiring

Career federal prosecutors, known as Assistant U.S. Attorneys (AUSAs), are legally required to be nonpolitical and nonpartisan. While political appointees exist within the Justice Department—such as U.S. attorneys and certain leadership roles—the AUSA positions are intended to be nonpartisan.

Mizelle Defends His Position

Mizelle stated on a conservative podcast that he had received "hundreds and hundreds of inquiries" from lawyers interested in AUSA roles. He defended his position by citing Article II of the Constitution, which vests executive power in the President. Mizelle argued that executive branch officers, including AUSAs, should follow the agenda of the duly elected president.

He also mentioned that during his previous tenure, approximately 100 people were dismissed who were perceived as working against President Trump, leading to thousands more departures.

Criticism from Former Prosecutors

The post and its promotion by current government officials drew immediate criticism from former federal prosecutors across the political spectrum.

Perry Carbone, a former federal prosecutor who spent over three decades in the U.S. Attorney's Office for the Southern District of New York, expressed deep concern.

"The Justice Department should prioritize the Constitution over any politician."

Carbone called the post "dangerous" and a "flat contradiction" of federal laws and regulations. He cited the Civil Service Reform Act, which prohibits discrimination based on "political affiliation" for federal civil-service jobs. He also referenced the Justice Department's own manual, which mandates that "all personnel decisions regarding career positions... must be made without regard to the applicant's or occupant's partisan affiliation." Carbone emphasized that prosecutors must exercise independent professional judgment, not political obedience.

Conservative commentator and former federal prosecutor Andy McCarthy also criticized the post, writing that if support for the president becomes a condition for enforcing federal law, the Department of Justice should be defunded, as it should be nonpartisan. He noted the potential double standard if such a message had come from the current administration.

Mark Rotert, a former AUSA and hiring committee member in Chicago, called the post "disgraceful," stating that during his time, a candidate's political views were never considered relevant.

Historical Precedent

A 2008 report by the Justice Department's inspector general investigated allegations that political affiliations were improperly used to screen candidates for career positions under President George W. Bush. The report concluded that two political appointees violated Department policy and federal law by considering political or ideological affiliations in candidate selection.

Broader Implications

Carbone described Mizelle's post as a "symptom" affecting a Justice Department that has been building a reputation for independence since Watergate, suggesting a significant step backward. The endorsements from Miller and Reding Quinones indicate support for Mizelle's message among high-level officials.

The call for politically aligned prosecutors occurs as the Justice Department faces increasing scrutiny over its handling of various politically charged matters. These include past investigations involving President Trump, charges against political adversaries, and recent federal actions related to the 2020 election.

A Justice Department spokesperson and the U.S. Attorney's Office for the Southern District of Florida did not respond to requests for comment.