Federalist CEO and cofounder Sean Davis said Thursday that Brett Shumate, who leads the Justice Department’s Civil Division, is one of the officials pushing the department to appeal a court decision involving gun suppressor registration, while highlighting former Deputy Attorney General Rod Rosenstein’s support for Shumate’s nomination to lead the division.
Davis posted on X:
Brett Shumate, who I am told is one of the key DOJ officials pushing internally to overturn the landmark court decision on suppressor registration, was strongly supported by Russian collusion hoaxer Rod Rosenstein.
Rosenstein, who reportedly threatened Republican congressional staff investigating his role in the Russian collusion hoax, even signed a letter pushing for Shumate’s confirmation last year.
“What kind of f***wit seeks out Rosenstein’s support to get confirmed for a job in a Trump admin,” a source close to Trump said to me tonight as news broke that Shumate and DOJ were still torn on whether to appeal the court case.”
Davis quote posted an earlier message in which he had said:
As I reported earlier this week, multiple Trump admin sources tell me Brett Shumate, who runs the DOJ civil division, is the DOJ official behind efforts to appeal the suppressor/NFA decision and force continued registration of suppressors.
This statement suggests Shumate is still actively trying to knife Gun Owners of America, Palmetto State Armory, Silencer Shop, and the 2nd Amendment.
A March 25, 2025, letter addressed to Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and then-Ranking Member Dick Durbin (D-IL) urged Shumate’s confirmation as Assistant Attorney General for the Civil Division and was signed by Rosenstein along with dozens of former federal officials.
“As former officials from federal agencies across presidential administrations of both political parties, we write to express our strong support for the nomination of Brett A. Shumate to serve as the next Assistant Attorney General for the Civil Division at the U.S. Department of Justice,” the letter said.
The letter described the Civil Division as the Justice Department’s main litigating component responsible for defending federal laws, programs, and policies. It said the division also recovers money owed to the federal treasury, defends civil claims against the United States, handles immigration litigation, enforces consumer protection laws, administers congressionally established victim compensation funds, including the September 11th Victim Compensation Fund, and represents the United States in foreign courts.
The signatories argued that Shumate’s legal career and what they described as his devotion to the Constitution and rule of law made him qualified to run the division.
A native of Virginia and the son of an attorney, Shumate graduated magna cum laude from Furman University in 2003, where he was a varsity baseball pitcher. He graduated magna cum laude from Wake Forest Law School in 2006 after serving as executive editor of the law review and later clerked for Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit.
Shumate then spent nearly a decade at Wiley Rein LLP in Washington, DC, becoming a partner in 2015. According to the letter, he developed “a reputation as an accomplished and respected litigator and zealous advocate for his clients.”
He entered government service in 2017 as a Deputy Assistant Attorney General in the Civil Division. The letter said Shumate defended the federal government in high-profile litigation across the country and led the division’s Federal Programs Branch, supervising more than 110 attorneys defending federal departments, agencies, and programs.
The letter said he personally argued “dozens of cases in highly consequential matters involving national security, agency regulations, and federal spending,” while regularly working with federal agency leaders and staff on complex litigation.
Before rejoining the Justice Department earlier in 2025, the letter said, Shumate was a partner at Jones Day in Washington.
“Over the course of his legal career, Brett has established himself as a trusted and respected litigator who conducts his work with the highest standards of professionalism and integrity,” the letter said, adding that he was a “devoted husband, father, friend, and mentor” who cared deeply about the country and its principles.
The letter concluded, “In sum, Brett Shumate has the experience, skills, temperament, and character to well and faithfully perform the important duties of this office. We are honored to commend him to the U.S. Senate for prompt confirmation.”
Rosenstein served as deputy attorney general during the first Trump administration and appointed Robert Mueller as special counsel in May 2017 to investigate Russian election interference and allegations that the Trump campaign colluded with Russia. Breitbart News reported in 2023 that the Justice Department had obtained private communications and other records belonging to Republican congressional staffers who were investigating the department’s role in the origins of the Russia investigation. Kash Patel, who had worked as an investigator for then-Rep. Devin Nunes (R-CA), said the DOJ sought records belonging to him and Jason Foster, then-chief investigative counsel to Senate Judiciary Committee Chairman Chuck Grassley. Patel also said Rosenstein allegedly threatened to subpoena congressional staff members’ records during a January 2018 closed-door meeting and said Rosenstein had authorized surveillance before that threat was made.
Rosenstein also faced criticism from Rep. Jim Jordan (R-OH) over his handling of the Russia investigation. In June 2020, Jordan said Rosenstein had acknowledged there was no evidence of Trump campaign collusion with Russia while nevertheless appointing Mueller, later expanding the special counsel’s scope, and signing one of the FISA renewal applications involving former Trump campaign adviser Carter Page. Jordan said Rosenstein had “just caved to the swamp,” arguing that Democrats, members of the media, and some Republicans wanted a special counsel and Rosenstein “let it happen.”
Breitbart News separately reported in February 2020 on internal government emails obtained by Judicial Watch showing that former Obama administration officials sent Rosenstein supportive messages around the time he appointed Mueller. Judicial Watch said it obtained 382 pages of records showing Rosenstein’s communications with former Obama officials and members of the media during that period. The day before Mueller’s appointment, Obama-appointed U.S. Attorney John Huber wrote Rosenstein, “Rod, we’re proud of you,” while other former Obama officials also sent messages offering support.
Rosenstein resigned as deputy attorney general in 2019 after serving in the role from April 2017 to May 2019. In his resignation letter, he emphasized the Justice Department’s work on violent crime, the opioid crisis, immigration enforcement, and support for local law enforcement, while arguing that law enforcement decisions should be driven by neutral principles rather than political considerations.
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