Inside the DOJ "rubber room," where veteran lawyers stream shows to pass time

When the Trump medication swept into the Department of Justice connected Jan. 20, it moved swiftly to purge, demote, transportation and different sideline vocation lawyers not perceived to beryllium squad players oregon sufficiently committed to the MAGA ineligible agenda.

Amid the upheaval and exodus of longtime national prosecutors, 1 quiescent 10th level bureau successful a distant outpost of the Justice Department has travel to symbolize the withering interaction of changes astatine the agency. Those who enactment determination telephone it "the rubber room." 

Inside, implicit a twelve of the government's astir seasoned civilian rights, biology and nationalist information lawyers person been reconstituted arsenic members of a recently created radical called the Sanctuary Cities task force. 

At archetypal glance, the occupation seemed promising — a ineligible onslaught squad that would writer municipalities the medication claimed were facilitating the usurpation of migration laws, a task unit undertaking a apical precedence for the caller Justice Department leadership.

But the much these attorneys looked into it, the much they concluded the task unit was a sham, a Potemkin cognition that seemed much aimed astatine stashing distant vocation lawyers than putting them to enactment connected a morganatic ineligible project, according to interviews with six radical knowledgeable astir the task force, each of whom painted a akin picture. 

Lawyers determination person been assigned menial probe tasks and near with hours of idle clip — an effort they presumption arsenic intended to coerce them into resigning, those with cognition of the task unit said.

"This is simply a hard happening to speech about," said Tom Mariani, an biology litigator who resigned alternatively than judge reassignment to the rubber room. "I can't archer you however overmuch idiosyncratic distress I consciousness implicit however these folks were treated."

The word rubber country is an allusion to now-infamous "reassignment centers" wherever New York City officials transferred nationalist schoolhouse teachers and administrators who immoderate considered burned retired oregon incompetent, but who could not beryllium fired due to the fact that of national rules. But successful this case, those being transferred person been elite seasoned attorneys from the Civil Rights Division, the National Security Division and the Environment and Natural Resources Division whose show had not antecedently been questioned. 

For months they did small oregon nary work, were chopped disconnected from different Justice Department litigators who were really moving connected sanctuary metropolis cases and had nary supervisors they could crook to for support, those acquainted with the duty told CBS News. At slightest 4 of those assigned to the task unit person filed ceremonial complaints with the Justice Department's inspector wide alleging waste, fraud and abuse, CBS News has learned.  

That bureau declined remark connected whether determination is an progressive probe into the attraction of the task unit lawyers. 

None would remark for this story, fearing retaliation from the administration. But nationalist involvement lawyers and authorities watchdogs accidental their acquisition stands isolated arsenic an illustration of however callously civilian servants who person dedicated their nonrecreational lives to nationalist work person been treated.

"For the archetypal clip successful modern U.S. history, we are witnessing purely vindictive and retaliatory actions being taken against non-partisan civilian servants who simply performed their jobs accordant with instrumentality and argumentation during anterior time," said Mark Zaid, a Washington lawyer who represents authorities whistleblowers.

A caller president, a caller assignment: The Sanctuary Cities Enforcement Working Group

The emails began arriving successful the 3rd week of January from then-Acting Attorney General James McHenry, landing successful the inboxes of immoderate of the Justice Department's astir elder vocation attorneys, notifying them that they were being transferred to the newly-created Sanctuary Cities Enforcement Working Group and had 15 days to determine whether to instrumentality the caller duty oregon resign.

Among those told they were being transferred to the task unit were the 2 astir elder vocation lawyers successful the National Security Division, George Toscas and Eun Young Choi. Toscas, who was 1 of the astir knowledgeable counterterrorism lawyers successful the national government, took idiosyncratic permission alternatively of showing up astatine the task unit offices. Choi, a highly experienced cyber and crypto prosecutor, also took idiosyncratic leave. Both person since near the department.

Mariani, who was the main of the enforcement conception of the Environment and Natural Resources section, was a 40-year seasoned of the Justice Department who had reached status age. He said helium opted to exit alternatively than instrumentality the caller assignment. 

Those who did judge the duty arrived successful the isolated offices during what immoderate called a Department of Justice successful turmoil, erstwhile elder prosecutors told CBS News.

Puzzles and streaming shows

In this environment, respective acquainted with the substance told CBS News that lawyers assigned to the caller sanctuary cities conception felt they had fewer options. They showed up for their archetypal time — February 12 — astatine a outer gathering of the Justice Department known informally arsenic 2Con for its code astatine 2 Constitution Avenue. Their handler was Kendra Wharton, an subordinate lawman lawyer wide who had worked connected aggregate ineligible cases involving President Trump earlier joining the department.  

Wharton rarely, if ever, showed up astatine the 10th level bureau astatine 2Con. Some lawyers said they ne'er saw her astatine the rubber country successful the astir 3 months they were connected the task force.

In the archetypal fewer weeks, she communicated with the radical connected video calls to springiness them their assignments. On Feb. 13, astatine 9:30 a.m., Wharton called successful from Justice Department office portion the attorneys gathered astir a monitor. According to a root acquainted with the call, she asked them to probe the sanctuary metropolis policies successful respective heavy Democratic states. The lawyers asked if they could interaction the Civil Division lawyers handling the litigation successful those states, but Wharton told them she was to beryllium the azygous constituent of contact.  

"A 10th grader could person done it," 1 root acquainted with the enactment remarked bitterly.

Two weeks later, Wharton asked the lawyers to compile accusation connected 3 further states. On March 5, Wharton asked for "emergency" travel up connected a azygous city, according to 1 source. A fewer days aboriginal she added 1 much bluish authorities to the places she wanted studied.  

After that, Wharton received a antithetic mandate, and she is nary longer supervising the lawyers, a Justice Department authoritative said. Work successful the rubber country slowed to a halt. 

"Having worked astir the timepiece for years, if not decades, the imposed idleness was thing I could not get utilized to," said 1 lawyer who was assigned to the task force.

The lawyers continued coming into 2Con each greeting but had to find activities to inhabit their time. Some completed jigsaw puzzles and streamed tv shows similar "The Last of Us" and "Succession." One lawyer, Deborah Harris, whose erstwhile occupation had been caput of the Environment and Natural Resources Division's crimes section, could beryllium seen practicing Italian connected Duolingo. 

Reached for comment, Harris confirmed immoderate details astir immoderate of the ways she passed her clip successful the rubber country but declined to accidental thing more. 

A Justice Department spokesperson said, "The Sanctuary Cities Enforcement Working Group is focused connected important enactment to beforehand apical priorities of this administration."

Turmoil wrong the Justice Department

The rubber country is conscionable the latest successful a bid of unit moves that critics of the medication person tracked. Some person been demoted wrong their ain units. Bruce Swartz, the highly respected caput of the Office of International Affairs, was notified by email that helium was being transferred to the office's grooming program, a occupation that fell respective rungs beneath his position. He opted to resign.

Nearly a twelve prosecutors successful the Public Integrity Section and the U.S. Attorney's Office for the Southern District of New York discontinue alternatively than motion onto ineligible actions they objected to — specified arsenic the determination successful February to drop the prosecution of New York Mayor Eric Adams. 

And astatine the D.C. U.S. Attorney's Office, the interim apical authoritative fired oregon demoted dozens of adjunct U.S, attorneys who had won convictions against hundreds of rioters who assaulted the Capitol connected Jan. 6, 2021. Those who did not resign were fixed jobs typically assigned to inferior prosecutors, sometimes referred to arsenic "baby AUSAs," similar handling misdemeanors successful D.C. Superior Court oregon moving successful the office's intake conception screening cases for prosecution oregon alternate action.

Harold Koh, Sterling prof of planetary instrumentality and a erstwhile dean of Yale Law School, served successful the Justice and State Departments nether 4 presidents from some parties. For him, the rooting retired of truthful galore lawyers represents much than the idiosyncratic devastation of these authorities professionals — it would beryllium a nonaccomplishment for the American radical for years to come.

"Apart from the shabby, petty attraction of vocation authorities officials and the degradation of authorities institutions, the top wounded to the American radical is the harm caused by the demolition of preparedness for dealing with the adjacent crisis," Koh said of this administration.

"The champion and the brightest person ever wanted to spell to Justice," helium added, "but who would privation to spell to a spot similar that now?"

Jacob Rosen contributed to this report.