From Courtroom Prosecutor to Congressional Witness: The Great Justice Department Exodus

A Prosecutor’s New Mission

Michael Romano has spent his career asking tough questions in courtrooms across America, but these days he finds himself in an entirely different position. The former federal prosecutor now sits before congressional committees, answering questions instead of posing them. This role reversal represents more than just a career shift for Romano—it symbolizes a dramatic transformation sweeping through the U.S. Justice Department. Already this year, he’s appeared twice as a witness before Congress, speaking out about what he and others view as a dangerous threat to democratic institutions. His warnings center on the Trump administration’s efforts to demote or fire Justice Department prosecutors who worked on cases involving President Trump and the January 6th Capitol riot. As Romano settled into the black leather chair at a recent Senate Judiciary Committee hearing, he began with the formal words “It is an honor to speak with you today,” but the gravity of his message was clear: something fundamental had changed at the Justice Department, and he felt compelled to speak up about it.

The Unprecedented Purge

Romano represents just one face among more than 5,000 Justice Department employees who have left their positions during the first year of Trump’s second administration. This massive exodus includes people who resigned on principle, those who retired earlier than planned, and others who were outright fired. The scale of this departure is historic and unprecedented in the Justice Department’s history. What makes this situation particularly concerning to legal experts is that the agency has been stripped of its institutional memory—the accumulated knowledge, experience, and expertise built up over decades. Romano himself was among the department’s elite prosecutors, boasting a perfect record in cases against Capitol riot defendants, including those who violently attacked police officers. His portfolio also included prosecuting economic espionage, property destruction targeting international embassies in Washington, and bank fraud cases. When he walked out the Justice Department doors in March 2025, following President Trump’s overhaul of the agency, he took with him years of irreplaceable experience and expertise that cannot be easily replaced.

Finding New Platforms to Defend Democracy

Now working at a private law firm, Romano has carved out a new role for himself as a go-to congressional witness on issues related to the Capitol riot and its aftermath. He’s become a passionate defender of the government’s prosecution of those accused of even minor misdemeanors during that chaotic day. During a recent Senate Judiciary Committee hearing, he pushed back forcefully against critics who argued that misdemeanor defendants were treated too harshly. “There were no small crimes on Jan. 6, 2021,” Romano testified, his voice firm with conviction. He explained that even those who simply trespassed at the Capitol and committed disorderly conduct played a crucial role in enabling the mob violence that unfolded. For Romano, prosecuting these cases represented “the most righteous effort I have been a part of, with the finest team of investigators, prosecutors, and staff I have worked with.” His willingness to testify publicly has provided encouragement to former colleagues still grappling with the changes at the Justice Department. Greg Rosen, who led the Justice Department’s Capitol Siege Section before also leaving in 2025, emphasized the importance of people with firsthand experience speaking up when they believe something is wrong. “That kind of engagement isn’t partisan; it’s quintessentially American,” Rosen said from his new position at Rogers Joseph O’Donnell, a prominent boutique litigation firm in Washington, D.C.

Where the Talent Is Going

While Romano uses his prosecutorial skills to investigate wrongdoing in labor disputes at his new firm, thousands of other former Justice Department employees have scattered across the legal landscape, creating a talent bonanza for those positioned to scoop them up. Private law firms, local prosecutor’s offices, nonprofit legal organizations, and even political campaigns have eagerly welcomed these experienced professionals. The D.C. U.S. Attorney’s Office, where Romano once worked, was hit particularly hard by the exodus. In a 2025 interview, D.C. U.S. Attorney Jeanine Pirro revealed that the office faced a crushing staffing shortage and desperately needed 90 additional prosecutors just to manage the basic caseload. The Justice Department’s Civil Rights Division suffered similar devastation, losing experienced attorneys to resignations and retirements throughout the past year. Among the notable departures is Sydney Foster, a prolific attorney and former acting chief of the Civil Rights Division’s Appellate Section, who argued more than 30 cases before federal appellate courts on behalf of the government. Last month, she joined the Washington Litigation Group, a nonprofit legal organization dedicated to curbing government overreach. The irony is profound: Foster now works for clients bringing cases against the very administration whose policies drove her from government service. The group’s president, Tom Green, called Foster a “perfect fit” for the organization, praising her extensive appellate experience and expertise. Foster herself describes this as a “critical moment for our democracy,” and her new organization is already challenging controversial Trump administration decisions, including the renaming of the Kennedy Center, the gutting of the Justice Department’s Community Relations Service, and questionable U.S. attorney appointments.

A Brain Drain Benefiting the Private Sector

The Washington Litigation Group has become something of a magnet for former Justice Department talent, attracting other notable prosecutors including Mary Dohrmann and James Pearce, both of whom served on former special counsel Jack Smith’s legal team. Meanwhile, local governments are also benefiting from the federal government’s loss. Arlington County, Virginia’s Commonwealth’s Attorney’s Office has welcomed a group of former Justice Department prosecutors, according to an office spokesperson. Stacey Young, who founded Justice Connection—an organization that helps ousted Justice Department staff find new positions—put it bluntly: nonprofits and firms “are capitalizing on DOJ’s idiotic decision to drive out many thousands of brilliant career employees.” She noted that while the Justice Department loses generations of institutional knowledge it may never recover, outside employers are benefiting tremendously from the unmatched talent they’re able to hire. In Minnesota, where controversial killings of two U.S. citizens by immigration agents accelerated the exodus from the U.S. Attorney’s Office, two departed attorneys launched their own private firm. Joe Thompson, the office’s former acting U.S. attorney, described the new practice as a boutique law firm “focused on white-collar defense, international investigations, complex commercial litigation, and crisis management.” Thompson quickly made headlines by appearing as defense attorney for journalist Don Lemon in a controversial prosecution stemming from a church disturbance in Minneapolis. Former special counsel Jack Smith also capitalized on his government experience by launching his own private white-collar investigation and litigation firm in January, partnering with former government lawyers Timothy Heaphy, David Harbach, and Thomas Windom.

From Prosecutors to Politicians

Perhaps most significantly, some former Justice Department prosecutors have decided that the best way to fight back is through the political process itself. At least two are running for federal office, hoping to bring their commitment to the rule of law directly into Congress. Ryan Crosswell, a former public integrity prosecutor who resigned after the Trump administration controversially dropped federal criminal charges against former New York Mayor Eric Adams, has declared his candidacy for a House seat in Pennsylvania. He’s secured endorsements from high-profile groups including VoteVets, a political action committee that supports Democratic candidates. Last week, J.P. Cooney announced his intention to run for a House seat in Virginia, assuming the state redraws its congressional maps later this year. Cooney was part of the team that investigated and prosecuted Trump before his second term, and he views his firing as a direct result of his commitment to the rule of law rather than personal loyalty to the president. “Donald Trump fired me because of my fidelity to the rule of law instead of to him,” Cooney told CBS News, describing his firing as “a badge of honor for standing for the rule of law and the Constitution.” He’s made Trump a central focus of his early campaign messaging, telling reporters that the events of the past year have disturbed him more than at any point in his life. “I don’t believe that there has ever been a moment in American history that a single person, the president of the United States, posed a real, grave threat to fundamental values that we all share, like democracy, the rule of law,” Cooney explained. The early response to his candidacy has been encouraging—he raised more than $200,000 in just the opening days of his campaign, suggesting that his message is resonating with voters concerned about the rule of law and democratic institutions. Whether testifying before Congress like Romano, taking on the government in court like Foster, or running for office like Crosswell and Cooney, these former Justice Department prosecutors have found new ways to continue fighting for the principles they believe in.