Exodus from DOJ Continues as Trump Era Triggers Legal Brain Drain

A wave of departures from the U.S. Department of Justice, sparked by concerns over political interference and policy shifts under President Donald Trump, has led to a significant “brain drain” and a corresponding influx of former federal lawyers into state-level positions, particularly in Oregon. The trend, which began in 2021, continues to reshape the landscape of legal enforcement at both the federal and state levels.

Federal Defections and Concerns Over Public Safety

Since President Trump took office for his second term, more than 2,500 Department of Justice lawyers have either retired or resigned, according to Reuters [1]. This mass exodus has particularly impacted U.S. Attorney’s Offices across the country, including those in Oregon, raising concerns about the capacity to effectively prosecute complex cases such as high-level drug trafficking, tax evasion, and hate crimes. The U.S. Attorney’s Office in Portland, along with satellite offices in Eugene and Medford, have all experienced significant personnel losses.

Former U.S. Attorney for the District of Oregon, Billy Williams, who served from 2015 to 2021, expressed concern over the impact of the departures, stating that the Portland office was previously known for retaining lawyers long-term. “Any time we did have an opening, there would be hundreds of applicants. It concerns me, the brain drain that is going on,” Williams said [1].

Motivations for Leaving

The primary driver behind the departures appears to be a fear of political interference and a reluctance to defend policies perceived as indefensible. Scott Kennedy, a former Department of Justice lawyer who left his position in May 2025 to join the Oregon Department of Justice, cited “fear brewing” about uncertainty, potential job losses, and the possibility of being ordered to defend actions he disagreed with [1]. Concerns were heightened by Trump’s pardons and commutations, including blanket clemency for individuals involved in the January 6th Capitol riot and the freeing of individuals convicted of financial crimes in Oregon.

A February 5, 2025, memo from Attorney General Pam Bondi instructed Department of Justice employees to “vigorously defend presidential policies and actions against legal challenges” [1], further fueling anxieties about the agency’s independence.

Oregon Benefits from Federal Losses

Even as the federal government struggles to retain legal talent, the Oregon Department of Justice has experienced a surge in applications from former federal prosecutors. Over the past year, the state agency has hired 12 former federal lawyers, including Scott Kennedy [1]. Oregon Attorney General Dan Rayfield welcomed the influx of talent, stating, “There’s all this great talent on the market; it’s like an embarrassment of riches” [1].

Kennedy is now representing Oregon in cases against the Trump administration and the federal Department of Justice, including a successful effort to block the nationalization of the Oregon National Guard for use in ICE protests [1].

Department of Justice Response

The Department of Justice declined to comment on the personnel departures, issuing a statement claiming that President Trump and Attorney General Bondi have created “the most efficient Department of Justice in American history equipped with attorneys who are committed to delivering measurable results for the American people” [1].