Biden is doing everything he can to ensure Republicans don’t hold the DOJ accountable.
The Biden-Harris administration appears to be undertaking efforts to insulate the Department of Justice (DOJ) from future presidential administrations, particularly those led by Republicans. This strategy, as uncovered by a recent investigation, involves the use of Schedule A hiring authority, a move that has raised concerns about its potential impact on the DOJ’s impartiality and future policy directions.
Documents obtained through the Freedom of Information Act by PPT and shared with Fox shows that the Biden-Harris administration is employing this little-known hiring provision to fill numerous career positions within the DOJ. This method circumvents the traditional merit-based selection process and aims to embed appointees who might obstruct or alter the agenda of a future administration, such as a potential Trump presidency in 2025.
Specifically, Schedule A has been used to place hundreds of attorneys and judges into civil service roles without the usual competitive selection. While Schedule A is typically reserved for hiring individuals with disabilities or for specific roles like chaplains and scientists, it is now being applied in a way that critics argue undermines the democratic principle of a neutral and unbiased civil service.
Michael Chamberlain, founder of PPT and a former Department of Education employee, expressed concern over these practices. In an interview with Fox News Digital, Chamberlain emphasized that such tactics appear to compromise the fundamental democratic principle that positions within the government should represent the electorate’s interests and not serve as a tool for entrenched political agendas.
The Office of Personnel Management (OPM) notes that while Schedule A is intended for specialized roles, its current application in politically sensitive areas such as the DOJ’s Anti-Trust Division and the Immigration Court raises red flags. The Anti-Trust Division, once a technical body, has become increasingly politicized under the Biden administration, with its enforcement actions drawing complaints of bias. Similarly, immigration judges hired under this authority will be tasked with making critical decisions on immigration cases, potentially influenced by the administration’s policies.
Additionally, the Environment and Natural Resources Division (ENRD), responsible for enforcing the administration’s climate policies, has also seen a surge in Schedule A hires. This move ensures that the current administration’s environmental agenda is protected, even if a future administration seeks to alter these policies.
PPT’s report highlights that over 150 attorneys have been placed in the DOJ’s Anti-Trust Division and more than 100 immigration judges have been appointed, raising concerns about the long-term implications of these hires. Chamberlain noted that while individual names were not the primary concern, the scale of these appointments could have significant effects on DOJ operations and impartiality.
Furthermore, the Biden administration has recently made it more difficult to remove federal workers, implementing regulations that limit the reclassification of career civil servants as political appointees, a response to former President Trump’s Executive Order 13957, which sought to increase the ability to reclassify federal employees and potentially reduce their job security.
In sum, the Biden-Harris administration’s use of Schedule A hiring authority represents a strategic effort to influence the DOJ’s future functioning and policy outcomes, raising important questions about the independence of federal institutions and the democratic principles guiding them.