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NYTimes
New York Times
1 Nov 2023
Maggie Haberman


NextImg:Some of the Lawyers Who May Fill a Second Trump Administration

Election Day is a year away, but key allies of former President Donald J. Trump are already thinking about staffing a potential administration, including by filling White House and agency legal positions with aggressive and ideologically like-minded lawyers.

Trump allies are preparing to populate a new administration with a different breed of lawyer — a departure from the type that stymied part of his first-term agenda and that despite their mainstream conservative credentials are seen as too cautious by people close to the former president. They are seeking lawyers in federal agencies and in the White House committed to his “America First” ideology and willing to use edgy theories to advance his cause.

It is too early to say with any certainty whom Mr. Trump would select were he to win a second term starting in 2025. But several conservative nonprofits, staffed by people who are likely to take on senior White House positions if there is a second Trump administration, have been putting together lists of prospects.

At Project 2025, a well-funded effort by the Heritage Foundation to prepare personnel and policy for the next conservative administration, John McEntee, one of Mr. Trump’s most trusted aides, is part of a team searching for potential lawyers.

A person familiar with the Heritage 2025 project said it was listing multiple options for every position. Some of the names under early and unofficial consideration are:

  • Joseph E. Schmitz as the Pentagon’s top lawyer. A Bush-era Pentagon inspector general, he argued after the 2020 election that the Supreme Court or the vice president, Mike Pence, should intervene to overturn Mr. Trump’s loss.

Image
Joseph E. Schmitz in 2004.Credit...Jamie-Andrea Yanak/Associated Press

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