Legal war on Trump’s agenda gains firepower as federal lawyers defect to Democrats

Federal lawyers are leaving the Trump administration and landing in Democratic state attorneys general’s offices in large numbers as blue states ramp up their legal fight against the president's second-term agenda, a Fox News Digital review found.

Employment data analyzed by the New York Times indicates that more than 10,000 federal attorneys — approximately one-fifth of all lawyers employed by the federal government — have left their posts since 2025 began. Of these, a Fox News Digital review identified well over 100 who have since begun working for Democratic attorneys general’s offices, with legal filings showing that some of those lawyers are now involved in cases challenging the Trump administration.

Fox News Digital reviewed public LinkedIn profiles, state staff directories, statements from public officials and court filings to identify attorneys who left federal service after January 2025 and later appeared in Democratic attorneys general's offices or relevant litigation records. The review does not establish why any individual attorney left federal service or joined a state office.

The true number of federal attorneys who have moved to Democratic attorneys general offices under the second Trump administration is likely higher, given that public LinkedIn accounts are not ubiquitous among federal workers.

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President Donald Trump speaks alongside Deputy Attorney General Todd Blanche during a news conference in the Brady Briefing Room of the White House in Washington, D.C., on June 27, 2025. Trump called it a "GIANT WIN" after the Supreme Court limited the power of lone federal judges to block executive actions. (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

"Oregon DOJ is a destination for some of the most talented public servants in the country, including experienced lawyers from the U.S. Department of Justice who are choosing to bring their skills to serve Oregonians at the state level," Oregon Attorney General Dan Rayfield, a Democrat, told Fox News Digital. "They’re already making a difference — on consumer protection, federal overreach cases, criminal justice, environmental protection and on litigation like our National Guard case."

As Rayfield alluded to, many of the attorneys who left federal service after January 2025 have since worked directly on cases aimed at combating the Trump administration. Court filings reviewed by Fox News Digital uncovered scores of individuals who previously worked as lawyers under the Trump administration whose names now appear on legal actions taken against it. 

These include a lawsuit filed by Massachusetts opposing the Trump administration’s efforts to restrict transgender healthcare for minors, a suit filed by California challenging its termination of research grants, an amicus brief filed by Democratic attorneys general in a case seeking to stop Trump from firing FTC commissioners, and multiple cases seeking to rein in the president’s National Guard deployments, among others. 

Even those whose names don't directly appear on filings can help Democratic attorneys general challenge major pieces of Trump’s agenda and defend state-level policies contrary to the president's interests.

Many of these lawsuits featured multiple teams of lawyers representing a host of different Democratic states. Democratic attorneys general have publicly disclosed that close cooperation between fellow blue states is a key part of their strategy to resist the Trump administration.

Oregon Attorney General Dan Rayfield speaks at a podium. (Eric Lee/Getty Images)

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Speaking to The Guardian in March, Democratic attorneys general disclosed that they have been meeting regularly since 2024 to discuss how they can best resist the Trump administration through joint lawsuits and public engagement. Staff from Democratic attorneys general's offices reportedly communicate daily regarding how they can hold the federal government to account, discussing items such as which state should lead a given case.

"I’m really proud to be part of this [attorney general] — and, of course, Democratic [attorney general] — coalition that is doing the work every single day to protect our rights, and most importantly, the rule of law," Massachusetts state Attorney General Andrea Joy Campbell said at a press conference in June 2025. "We can’t take our sight off of that."

California’s attorney general, meanwhile, called the cross-state collaboration "critical."

Federal lawyers working in the areas of civil rights, immigration, environmental law, public corruption and antitrust were overrepresented among those who left to work for Democratic attorneys general. 

Government employees generally fall into two camps: career civil servants who are intended to carry out nonpartisan work on behalf of the government and political appointees who are granted greater leeway to work on explicitly political projects. The attorneys identified in Fox News Digital’s review overwhelmingly appear to have held career, rather than political, federal roles before joining Democratic-led state offices. 

Many of the lawyers leaving federal service are taking one, or even two, decades of service with them, constituting a significant transfer of legal talent from the national government to Democratic states.

A banner of President Donald Trump hangs on the Department of Justice building in Washington, D.C., on Feb. 19, 2026. The banner reads "Make America Safe Again." (Heather Diehl/Getty Images)

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One such lawyer worked in the Justice Department for roughly 20 years, beginning as a legal intern and ultimately rising to the position of assistant general counsel, leading multiple teams of attorneys. Now, after leaving the DOJ in August 2025, the lawyer works as a senior assistant attorney general in Colorado, helping the state fight the Trump administration in disputes over federal grants.

They were far from the only high-profile departure under the second Trump administration.

Others who jumped ship included, but were not limited to, the assistant chief counsel at the Department of Health and Human Services, the director of transparency at the Department of Homeland Security, multiple U.S. attorneys’ office division chiefs and another near-20-year veteran of the DOJ who now leads the Maryland attorney general’s efforts to hold the Trump administration accountable.

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A banner featuring an image of President Donald Trump is displayed on the facade of the U.S. Department of Justice headquarters in Washington, D.C., on Feb. 20, 2026. (Drew Angerer/AFP/Getty Images)

"Experienced federal prosecutors and lawyers from the U.S. Department of Justice are choosing state service, choosing Oregon, and choosing to fight for the people here," Rayfield added. "We’re fortunate to have them joining the already incredibly talented, proven team here at the Oregon Department of Justice."

A spokeswoman for New Jersey’s attorney general, meanwhile, told Fox News Digital that it recently added multiple members to its leadership team, including its new insurance fraud head, by recruiting federal lawyers. 

The timing marks a notable change from the first Trump administration, when some of the same attorneys who have since left then remained in federal service, though the reasons for individual departures vary and are not always publicly known.

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President Donald Trump and U.S. Attorney for the District of Columbia Jeanine Ferris Pirro speak during a press conference about deploying federal law enforcement agents in Washington to support local police in the White House Press Briefing Room in Washington, D.C., on Aug. 11, 2025. (Jonathan Ernst/Reuters)

"In the Trump era, the conservative movement has become much less able to attract competent elites. Education polarization is a long-term phenomenon, but Trump's populist style and policy platform has supercharged it, given his disproportionate appeal to the less educated," political commentator Richard Hanania told Fox News Digital. "This matters, because intelligence and experience are important for any administration trying to achieve its goals."

"Simply having people who agree with you isn't enough," he added.

Bloomberg Law reported in May that the exodus of federal attorneys was seriously harming the Trump administration’s ability to defend its immigration policies, with roughly a third of those in the Office of Immigration Litigation — including many in senior roles with critical expertise — having left since January 2025.

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President Donald Trump speaks during the swearing-in ceremony for interim U.S. Attorney for Washington, D.C., Jeanine Pirro in the Oval Office of the White House on May 28, 2025, in Washington, D.C. (Andrew Harnik/Getty Images)

The Trump administration, however, denies that its efficiency has been rocked by the mass exit of lawyers.

"Even with a thousand fewer prosecutors than the previous administration, this Department has indicted nearly 50,000 more criminals than the previous administration had in the same timeframe," a DOJ spokeswoman told Fox News Digital. "Our country has the lowest murder rate in 125 years, we’ve arrested more than 90 key cartel leaders, captured eight on the FBI’s Top 10 most wanted list, and removed millions of deadly doses of fentanyl from our streets — all on top of achieving a record 24 victories on the Supreme Court’s emergency docket."

"These achievements are nothing short of astonishing, and they have all been accomplished even with the supposed ‘exodus’ of anti-Trump prosecutors the media idolize," she added.

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President Donald Trump speaks at a hearing of the Religious Liberty Commission at the Museum of the Bible in Washington on Sept. 8, 2025. (Alex Brandon/AP)

While more than 10,000 federal attorneys have left government since January 2025, agencies have also hired roughly 3,200 attorneys during that period and the Trump administration has made multiple public pushes to encourage or recruit ideologically aligned lawyers to apply for roles. 

The bulk of the lawyers who have left federal service since Trump took office for a second time were at agencies such as the DOJ, the Department of Education and the Environmental Protection Agency. California, Maryland, New York and Colorado were some of their most common destinations after leaving the Trump administration.

"Those who were fired from the Department were fired for a reason. Those who resigned or took the fork in the road option likely aligned more with the priorities of President Biden and would naturally leave, which is common during transitions," the DOJ spokeswoman continued. "The Administration gave career employees the fork in the road option to intentionally reduce the size of the government and eliminate unnecessary layers of staff who don’t effectively contribute to the mission of aggressively tackling crime."

The White House referred Fox News Digital to a Truth Social post written by President Donald Trump where he claims that many of the lawyers who have departed from his administration were "Radical Left Deep State Lunatics, who are destroying our Country, and Weaponizing Government."

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"This has allowed DOJ to run more efficiently and hire talented attorneys who wholeheartedly believe in our mission to keep the American people safe," the spokeswoman said.

Fox News Digital reached out to every Democratic state attorney general's office for comment.