The Biden-Harris administration is reportedly utilizing a lesser-known hiring authority known as Schedule A to place permanent appointees in key Department of Justice (DOJ) positions, according to documents obtained by Protect the Public’s Trust (PPT).

These appointments bypass traditional merit-based hiring processes, raising concerns about the politicization of federal roles and the potential impact on future administrations, and they appear to be part of a Biden-Harris strategy to ensure long-term influence within the DOJ, even if former President Donald Trump takes office in 2025, as Fox News reports.

PPT, a government watchdog group, released documents obtained through the Freedom of Information Act (FOIA), revealing the extent to which the Biden-Harris administration is using Schedule A.

This hiring authority was initially designed to fill positions with individuals who have disabilities or for specific roles, but it is now being applied to permanent, career civil service positions within the DOJ.

Controversy Over Non-Merit-Based DOJ Appointments

Schedule A allows the administration to bypass the traditional merit-based system, which has sparked debate over the politicization of federal roles. Over 150 attorneys have been placed in the DOJ’s Anti-Trust Division using this authority. Additionally, more than 100 immigration judges have been appointed outside of the standard hiring procedures.

These appointments are particularly significant as they involve offices that have been highly politicized in recent years. The Anti-Trust Division, once considered a technical and non-partisan entity, has come under scrutiny due to what some perceive as increasingly aggressive enforcement under the current administration. Critics argue that these actions are a departure from the division’s traditionally neutral stance.

Impact on Environmental and Climate Policies

The Environment and Natural Resources Division (ENRD) is another area where Schedule A is being used to advance the Biden-Harris administration’s environmental and climate policies.

The placement of loyalists in this office is seen as a strategic move to defend these policies against potential reversals by future administrations, such as a possible return of Trump or another like-minded leader.

Schedule A appointments are legally restricted from being "policymaking or confidential," yet they are being utilized in these highly politicized roles. This has led to accusations that the administration is undermining the merit-based hiring system to secure long-term influence within the DOJ.

Legal and Ethical Concerns Surrounding the Practice

Federal law was amended earlier this year to make it more difficult to fire federal workers, a move designed to combat corruption and prevent partisan interference.

These new regulations also bar career civil servants from being reclassified as political appointees or other at-will workers, a response to Trump’s 2020 executive order, Schedule F, which sought to reclassify federal employees to reduce their job security.

Michael Chamberlain, founder of PPT and a former U.S. Department of Education worker, has expressed concern over the potential undemocratic nature of this practice.

"The foundation of our democracy or our republic is the Constitution, and the Constitution vests decision-making authority in the executive branch and the president," Chamberlain stated. He further emphasized that attempts to undermine this authority from within the government, particularly through career officials, are troubling.

Watchdog Group Raises Alarm Over Magnitude of Hires

PPT has highlighted the magnitude of these Schedule A hires rather than focusing on individual appointments. "We were struck mainly by the magnitude of the hires rather than by any individual names," Chamberlain noted, underscoring the scale of the administration’s efforts to solidify its influence within the DOJ.

The watchdog group has also raised concerns about the administration’s use of Schedule A to install immigration judges who may be inclined to rule in favor of the administration’s immigration policies. These judges, appointed outside of the normal merit-based system, could significantly impact the outcomes of immigration cases in the years to come.

Biden-Harris Admin's Justification for Practice

In defense of these actions, the Biden-Harris administration has argued that these hires are necessary to combat corruption and ensure that civil servants can focus on their primary task: delivering for the American people. This justification echoes the administration’s broader efforts to restore public trust in government institutions and prevent the kind of partisan interference that Schedule F sought to introduce.

The administration’s aggressive anti-trust enforcement, particularly within the DOJ, has sparked complaints of politicized enforcement, a concern that is only heightened by the use of Schedule A to bypass traditional hiring processes. This has led to a growing debate over the appropriate balance between political influence and merit-based appointments in the federal government.

Conclusion: Long-Term Implications of DOJ Appointments

The Biden-Harris administration's use of Schedule A hiring authority to place permanent appointees in key DOJ positions is raising significant concerns about the politicization of federal roles. By bypassing traditional merit-based hiring processes, the administration is securing long-term influence within the DOJ, particularly in areas like anti-trust enforcement, immigration, and environmental policy.

These appointments, revealed through FOIA documents obtained by PPT, highlight the administration’s efforts to solidify its agenda, even in the face of potential future opposition. As the debate over the appropriate use of Schedule A continues, the implications for the DOJ and the broader federal workforce remain a critical issue for both current and future administrations.