DOJ's Civil Division, Citing 'Surge' in Lawsuits, Wants 22 More Lawyers
The Justice Department's request seeks to add attorneys to the Federal Programs Branch, which defends lawsuits against federal agencies.
February 15, 2018 at 05:58 PM
3 minute read
U.S. Attorney General Jeff Sessions. Credit: Diego M. Radzinschi / NLJ
President Donald Trump's proposed budget would add nearly two dozen lawyers to the U.S. Department of Justice office that defends the administration's policies and federal agencies.
The Justice Department's budget request for fiscal year 2019 is seeking 22 additional attorneys for the Federal Programs Branch, a key litigating component of the DOJ's Civil Division. The branch said it needs more lawyers to handle a greater caseload, especially in national security and Freedom of Information Act cases, according to the DOJ.
“This program increase in the Federal Programs Branch is being requested to address a greater number of and more complicated challenges to the administration's laws, regulations and policies,” the Justice Department's summary of the Civil Division's budget request said.
Since President Donald Trump took office, his administration has faced hundreds of lawsuits over key parts of the president's agenda, including the rescission of the Deferred Action for Childhood Arrivals program, the travel bans and the rollback of the Affordable Care Act contraception mandate. Many of those lawsuits, filed against cabinet members and agency officials, are handled by attorneys in the Federal Programs Branch.
The Civil Division's overall budget request of $284.6 million is roughly $5.7 million lower than its funding under the 2018 Continuing Resolution. The extra attorneys, as well as four support staff, would require an extra $3 million for the Federal Programs Branch. Decreases in the division's budget come from a rent reduction and other savings.
According to a DOJ analysis, the Federal Programs Branch has seen a “surge” in casework. The branch's annual caseload increased by 25 percent between fiscal year 2014 and fiscal year 2017.
In that same time period, Freedom of Information Act cases increased by 100 percent, and national security cases increased 10 percent. “Lawsuits this past fiscal year rose an astonishing 26 percent, and are continuing to climb,” according to a report the FOIA Project published in January.
The Federal Programs Branch currently has funding for 111 attorneys, according to the DOJ summary.
Acting Assistant Attorney General Chad Readler currently leads the Civil Division. Trump nominated Jody Hunt, Attorney General Jeff Sessions' chief of staff, to lead the division in September, but he has not yet had a hearing before the U.S. Senate. Hunt is a former director of the Federal Programs Branch.
The DOJ's overall budget request of $28 billion is similar to last year's request, and allocates specific funds for enhancing border security, preventing violent crime and fighting the opioid crisis.
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