DOJ Asks DOJ Tax Attorneys to Join the Team(s) Necessary to Defend Trump's and Musk's Rampage Through Government (2/27/25; 2/28/25)

Bloomberg’s Tax Report has an article titled DOJ Seeks Rapid Lawyer Transfers to Defend Trump Agenda in Court, here. The article is behind a paywall so that nonsubscribers will not be able to access. I will summarize the parts related to the Tax Division.

The powers that be in DOJ are asking DOJ Tax and DOJ Civil Rights attorneys to transfer to the civil litigation sections (“federal programs, appellate, and immigration litigation”) handling the flurry of suits against the Trump/Musk actions.

I cannot imagine anyone in their right mind, other than a Trump true believer, moving from DOJ Tax to that section. The exception might be those DOJ Tax attorneys at risk of some RIF of Tax attorneys where less competent DOJ Tax attorneys might be weeded out.

The article also suggests that in recruiting attorneys for the flurry of litigation, DOJ indicated a willingness to consider “external attorneys.” Reading between the lines, I think they are saying that attorneys that the DOJ Components would have otherwise not accepted might be able to join the litigation teams to deal with this flurry of lawsuits.  In short, the less competent who must be willing to grovel to Trump and his DOJ Team. Those “new hire” attorneys would seem to be in a probationary period subject to at will firing. So, they would have to be willing to take the risk and mitigate the risk by sucking up to the Trump loyalists.

Added 2/28 12:15pm:

Former DOJ Prosecutors’ Support for DOJ Prosecutors on Receiving End of Retribution or Other Inappropriate Action from Trump Administration (2/18/25)

I link here a letter from DOJ Prosecutors in support of DOJ attorneys who have been on the receiving end of retribution or other inappropriate action from the Trump Administration. The letter is short--one full page and one short page in communicating the content of the support; the letter then has 39 pages of signatures for former DOJ Prosecutors, listing the DOJ (including AUSA) roles they served. (Among the names listed are those who served in the DOJ Tax Division; can be reviewed by a pdf search for “Tax Division”.)

The letter starts with a statement of values and then states:

Against this backdrop, we have watched with alarm as these values have been tested by recent actions of the Department’s leadership. Some of you have been ordered to make charging decisions based expressly on considerations other than the facts and the law, including to serve solely political purposes. Some of you have been forced to consider whether your actions will result in the elimination of the  Public Integrity Section, created in the wake of the Watergate scandal, and whose vital work is intended to protect the public from government corruption. Several of you have resigned, and others are wondering what will happen to the Department we served and revere.

To all of you, we communicate this: We salute and admire the courage many of you have already exhibited, and that will guide all of you as you continue to serve the interests of justice. You have responded to ethical challenges of a type no public servant should ever be forced to confront with principle and conviction, in the finest traditions of the Department of Justice. We know there will be more challenges ahead, and we have no doubt that those of you who continue to serve will uphold the Department’s values for the sake of the rule of law, just as you have always done. Please know that when you do, generations of former federal prosecutors are watching with pride and admiration and stand ready to support you in this honorable pursuit.

The letter is arranged through the Justice Connection, here. I encourage readers of this blog to go to that website to see how you can contribute. Also, here is a "Toolkit" prepared by Justice Connctions that readers can down load for some ideas.

Deputy AAG Tax Hubbert Removed and Reassigned to Sanctuary City Program (Whatever That Is) (2/7/25; 2/11/25)

DOJ Tax news (at least rumor): David Hubbert, a long-time DOJ Tax attorney serving most recently as the Career Deputy Assistant Attorney General for Tax, has been removed from that position and assigned to the Sanctuary City Program (described to me in an email without the caps here, but I infer that caps are appropriate). I understand that these changes are effective February 17. All I know with reasonable assurance is that Hubbert is being removed from a position where he exhibited exceptional competence for tax litigation and leadership for litigation.

Since I do not know what the purported Sanctuary City Program is or Hubbert’s special competence to serve in any role in that Program, I cannot speak to the issue of what the United States’ needs are that Hubbert is the best DOJ or Trump can field for the position. Since Trump regularly trumpets his ability to pick the best for the positions his administration fills, perhaps someone with authority to speak can articulate a credible explanation for why this move is best for the United States.

In the meantime, the inference I draw is that the reason for this action is some real or perceived injury or slight or some such to Trump and/or some of his close allies or maybe some special real or perceived benefit DOJ Tax gave Trump's arch-enemy Joe Biden. I caution that that is my inference. Others may have different inferences; specifically more evidence-based inferences.

Organizations and Resources for DOJ Personnel Affected by Trump Administration Actions (2/5/25)

I assume that all DOJ Tax Alumni have heard at least some news about the Trump Administration's initial forays into the DOJ iteration of the “deep state.” From the news reports, I infer that there will be action (perhaps retribution) against DOJ attorneys (and perhaps nonattorney personnel) for any activity that affected President Trump in a way that he or his DOJ appointees believe was inappropriate. (My experience is that most criminals think their investigations and prosecutions were inappropriate.)

The purpose of this blog is to post information about projects that support DOJ employees and help them get past this Trump adventure.

1. Protect Democracy, here. Offering the following resources:

• Supporting and Defending the Constitution: A DOJ attorneys guide to upholding ethical obligations and the rule of law, here, with a related web page titled The DOJ attorneys guide to Trump’s Washington (1/16/25), here.
• Protect Democracy’s series on resources for civil servants, Dear Civil Servant, part of PD’s If You Can Keep It newsletter, here.

2. Civil Service Strong, here, with regular updates and with a Resources page, here. Civil Service Strong describes itself:

People, organizations, and communities across the country are joining together to ensure our civil servants have resources if they are targeted or attacked. Alongside the 95% of people who believe civil servants should be hired and promoted based on their merit rather than their political beliefs, we are committed to supporting a career, non-partisan civil service and the people who power it. 

3. Government Accountability Project’s Guide titled  “Truth-Telling in Government: A Guide to Whistleblowing for Federal Employees, Contractors, & Grantees”, here. The Government Accountability Project’s purpose is here.