WASHINGTON — Brett Shumate, a seasoned litigator and partner at the prestigious Washington-based law firm Jones Day, is anticipated to be appointed by President-elect Donald Trump as the head of the Civil Division at the U.S. Department of Justice. This strategic decision positions Shumate to defend the administration’s policies in significant legal battles that lie ahead.
During Trump’s initial term in office, Shumate served as a senior official in the Civil Division’s Federal Programs Branch, steering the administration through some of its most contentious legal challenges. His return to the Civil Division, where he is likely to assume a critical role once again, was inferred from court filings indicating his departure from Jones Day effective January 17. These developments were shared by sources who requested anonymity, as official announcements had not yet been made.
The Civil Division, recognized as the largest litigating section of the Justice Department, plays a pivotal role in defending the federal government in court. It is also responsible for advancing enforcement actions that uphold U.S. laws and regulations. The selection of Shumate, pending Senate confirmation, underscores a strategic alignment with Trump’s governance approach, especially on matters that have previously escalated to the judiciary.
Shumate’s legal expertise was particularly visible in high-profile cases during Trump’s presidency. He notably defended against claims that Trump’s business holdings while in office violated constitutional emoluments clauses, which prevent officeholders from accepting certain types of benefits from foreign and domestic government entities. His legal acumen was also central in administration efforts to terminate the Deferred Action for Childhood Arrivals program, modify leadership at the Consumer Financial Protection Bureau, and attempt to include a citizenship question in the 2020 census.
This series of critical legal engagements highlights the depth of Shumate’s capabilities and his profound impact on litigation involving key administrative policies. His departure from the Justice Department in mid-2019 led him to Jones Day, where he joined a practice led by Don McGahn, Trump’s first White House counsel.
Shumate’s potential reappointment to the Civil Division indicates a full-circle return to the front lines of legal defense for the Trump administration. As he prepares to potentially step into this significant role, the legal strategies employed will likely influence the administration’s ability to implement its policy agenda effectively.
Should he be nominated, Shumate’s confirmation process in the Senate will be a critical next step for the administration, seeking to solidify its legal team as it faces ongoing and future legal challenges.
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