Trump seeks a DOJ appointee who will 'do his bidding': Top candidates emerge.
Should Trump make a comeback to the White House, he is looking forward to reassigning key roles within the Department of Justice.
Should he win the election, Trump will assume office as a defendant facing two federal criminal cases: one currently active and another previously dismissed, which special counsel Jack Smith is attempting to reinstate. Trump’s immediate priority will be to ensure a quick resolution to those prosecutions.
Trump has also openly discussed one of his main objectives: seeking vengeance against those he views as political adversaries. His list of targets continues to expand and includes Vice President Kamala Harris, President Joe Biden and his family, Manhattan District Attorney Alvin Bragg—who successfully prosecuted Trump in another case—and members of the House Jan. 6 select committee. Additionally, he has threatened to target numerous unnamed Democratic lawyers, political operatives, “illegal voters,” election officials, as well as judges and court officials. He has vowed not only to dismiss Smith but also to expel him from the country.
With such stringent plans, Trump is eager for a second chance to appoint individuals to lead the Justice Department. According to sources close to him, he believes he made missteps in selecting appointees during his earlier tenure. This time, they assert, he will avoid risking appointments like Sally Yates or Jim Comey—both holdovers from the Obama administration who did not comply with Trump’s directives. He will also steer clear of individuals who may not demonstrate unwavering loyalty, such as Jeff Sessions, who Trump appointed as attorney general only to later criticize after Sessions recused himself from probes into Russian interference in the 2016 election.
“From their perspective, they didn't do things right the first time. They didn’t clear house enough,” noted a former Trump Justice Department official who requested anonymity to discuss the inner workings candidly. “There were insiders thwarting their objectives.”
In a second Trump term, this official revealed, “loyalty is the most important thing. Competency is probably second.”
“I think he’s looking for somebody who’s totally obsequious,” added Ty Cobb, a former Trump administration lawyer who became critical of the former president.
Cobb speculated that for positions such as secretary of state and the key financial roles of Treasury secretary and chair of the Federal Reserve, Trump would appoint more experienced and qualified candidates. “Whereas in the Justice Department, he really wants somebody there who will do his bidding.”
The Trump campaign claims discussions about potential candidates for a second administration have not yet occurred. Nevertheless, insiders indicate that talks among various figures, including Trump transition co-chair Howard Lutnick, legal advisor Boris Epshteyn, former Trump administration official Kash Patel, and Trump’s eldest sons, Donald Trump Jr. and Eric Trump, about prospective Justice Department appointments have already commenced.
Who, then, might Trump choose for the positions of attorney general, deputy attorney general, or FBI director? Who will he select to lead the Office of Legal Counsel or significant U.S. attorney's offices like those in Manhattan and D.C.?
Reports suggest Trump’s aides have been considering a range of candidates, from expected names to more divisive figures such as U.S. District Judge Aileen Cannon, who won Trump’s favor by dismissing the federal case against him for allegedly hoarding classified documents post-presidency.
PMG consulted over a dozen Trump allies, former administration officials, and other close associates regarding the candidates likely to fill these roles.
One prominent name is Jeffrey Clark, who many close to Trump see as a strong contender for a top Justice Department position. Initially a relatively obscure official overseeing environmental issues, Clark gained notoriety after the 2020 election by advocating Trump’s efforts to challenge Biden's victory.
During Trump's final push to retain power, he considered appointing Clark as acting attorney general, anticipating that Clark would have the department endorse Trump’s unfounded claims of election fraud. However, Trump abandoned this plan after senior officials warned of mass resignations.
Due to his involvement in Trump’s attempts to overturn the election results, Clark faces indictments alongside Trump in Georgia and has been named an unindicted co-conspirator in the special counsel's federal case against Trump. A disciplinary board has also recommended a two-year suspension of his law license.
Yet, Trump does not see these issues as disqualifying.
Those familiar with Trump’s views suggest he regards Clark as sufficiently loyal and experienced in navigating the department to fulfill Trump’s objectives.
Another potential roadblock for Trump will be Senate confirmation for key appointees, such as the attorney general and FBI director. Trump’s aides recognize that even with a Republican Senate, figures like Clark may encounter challenging confirmation processes. To bypass this hurdle, he’s expected to appoint individuals to “acting” roles, which do not require Senate approval.
However, certain Trump allies could be more easily confirmed. For example, Sen. Mike Lee of Utah has transitioned from a skeptic to a staunch supporter of Trump. Trump considered Lee for a powerful position previously—he interviewed him for a Supreme Court seat in 2018. Like Clark, Lee supported Trump in his post-election attempts to retain power.
Sen. Josh Hawley of Missouri, who prominently backed Trump’s election challenges, is another strong candidate. He is among the most conservative senators, and among those considered for high DOJ roles, he possesses conventional qualifications, having attended Yale Law School and clerked for Chief Justice John Roberts.
Also attracting Trump’s attention is Sen. Eric Schmitt from Missouri, who formerly served as the state’s attorney general. Schmitt opposed Covid restrictions and backed efforts to contest the election results in Trump’s favor. Since his entrance into Congress in 2023, he has taken steps to align himself with Trump, vowing to resist key legislation and Biden’s nominees following Trump’s criminal conviction.
Sitting senators like Lee, Hawley, and Schmitt typically enjoy smoother confirmation processes for executive branch nominations.
Additionally, Trump’s legal team has been surrounded by potential candidates for high-ranking Justice Department jobs amid his ongoing criminal cases.
One such lawyer is Todd Blanche, who led Trump’s defense in his Manhattan trial. Despite losing that case, Blanche secured significant victories, including the dismissal of a federal criminal case in Florida, and received a postponement of Trump’s Manhattan sentencing until after the election.
Blanche, a former federal prosecutor in Manhattan, is well-regarded and considered a natural candidate for leading that office if Trump is re-elected. His law partner, Emil Bove, who is also involved in Trump’s multiple criminal cases, is likewise being considered. Bove has a similar prosecutorial background, having served as co-chief of the national security unit in Manhattan.
While Blanche and Bove have the credentials suitable for senior Justice Department roles, they are viewed as not being as ideologically aligned or unwaveringly loyal as some others on the list.
There is also a diverse collection of former Trump administration officials and staffers under consideration.
For instance, John Ratcliffe, who served as the director of national intelligence, is now co-chair of the Center for American Security, aligned with Trump’s vision. Ratcliffe became a prominent Trump ally during the investigation of Russian election interference and faced Senate confirmation struggles in the past due to alleged resume embellishments. Nevertheless, he eventually secured confirmation and is regarded as a potential candidate for a significant Justice Department position.
Another notable figure is Jeffrey Jensen, a former FBI agent and U.S. attorney appointed by Trump. At Barr’s request, Jensen reviewed the criminal case against Michael Flynn during which he recommended dropping the prosecution.
Will Levi, formerly Barr’s chief of staff, is also frequently mentioned. Although Barr distanced himself from Trump over the 2020 election, he later announced his intention to vote for Trump in the upcoming elections. Levi, a partner at Sidley Austin with experience in high-level judicial roles, has managed to maintain favor among Trump supporters.
Potential candidates also include Mike Davis, a Republican lawyer and founder of the Article III Project, who was involved in the Senate Judiciary Committee during Trump’s presidency. Known as a vocal advocate for Trump, he is said to have support from Donald Trump Jr., although the seriousness of this backing remains uncertain.
Kash Patel, who is helping coordinate potential candidates, may also be a contender. A former federal prosecutor and chief of staff for the defense secretary during Trump’s administration, Patel has actively defended Trump and promoted conspiracy theories about the 2020 election.
Finally, Judge Cannon, who dismissed the classified documents case and is currently overseeing a criminal case involving an alleged plot against Trump, is being considered for the role of attorney general. Appointed by Trump shortly before he left office, Cannon has received praise from Trump for her favorable rulings, making her a potential candidate for a position that would likely incite strong reactions from liberals, who argue her previous actions show a lack of impartiality. However, this quality may align perfectly with Trump’s preferences.
Olivia Brown contributed to this report for TROIB News