U.S. Deputy Assistant Attorney General for Civil Division Brett A. Shumate speaks during the investiture ceremony for U.S. District Judge Trevor N. McFadden on April 13, 2018, at the U.S. District Court in Washington, D.C. (Alex Wong/TNS) ()
WASHINGTON — President-elect Donald Trump is expected to name Brett Shumate to lead the U.S. Department of Justice’s Civil Division, choosing a veteran litigator to run an office that will defend the incoming administration’s agenda in court, according to people familiar with the situation.
Shumate is a partner at Jones Day in Washington, a law firm that has served as a pipeline for conservative lawyers to government posts and judgeships. During the first Trump administration, Shumate was a senior official in the Civil Division’s Federal Programs Branch, and handled some of the biggest legal fights of Trump’s first term.
Shumate and a Jones Day spokesperson did not immediately requests for comment on Thursday. A Trump transition team spokesperson declined to comment.
If nominated, Shumate would need confirmation from the Senate before assuming office.
This week, Shumate filed notices in court withdrawing from cases he was involved in and alerting judges that he was leaving Jones Day as of Jan. 17, but he didn’t specify his new position. His planned return to the Civil Division was confirmed by people who weren’t authorized to speak publicly about administration hires before they’re announced.
The Civil Division is the Justice Department’s largest litigating section. In addition to defending the U.S. government when agencies or officials are sued, the office also brings cases to enforce U.S. laws and regulations.
Shumate handled some of the highest-profile litigation brought against Trump and his administration. Shumate argued against claims that Trump’s refusal to divest from his business interests violated sections of the U.S. Constitution that bar officeholders from accepting certain things of value or benefits, referred to as “emoluments,” from foreign and domestic government entities.
Other cases that Shumate argued or worked on included fights over the administration’s efforts to end the Deferred Action for Childhood Arrivals program offering legal protections for young non-U.S. citizens, replace the head of the Consumer Financial Protection Bureau and put a citizenship question on the 2020 census.
Shumate left the Justice Department for Jones Day in the summer of 2019, where he joined the government regulation practice led by Trump’s first White House counsel, Don McGahn.
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