The Justice Department’s top civil litigator, Brett Shumate, is reportedly among the officials pushing to appeal a court ruling that struck down federal registration requirements for gun suppressors, according to The Federalist’s Sean Davis, who also highlighted Shumate’s backing from former Deputy Attorney General Rod Rosenstein.
Davis, CEO and cofounder of The Federalist, said Thursday that Shumate, who leads the DOJ’s Civil Division, is one of the key figures internally advocating for an appeal of what Davis called a “landmark court decision” on suppressor registration. Shumate’s stance has drawn criticism from gun-rights groups and some Trump allies.
“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,” Davis wrote on social media, as reported by Breitbart News.
The connection to Rosenstein, who appointed special counsel Robert Mueller in 2017 to investigate Russian election interference and alleged Trump campaign collusion, has irked some in former President Donald Trump’s orbit. A source close to Trump told Davis: “What kind of f***wit seeks out Rosenstein’s support to get confirmed for a job in a Trump admin.”
Rosenstein, who served as deputy attorney general from April 2017 to May 2019, signed a March 25, 2025, letter to Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and then-Ranking Member Dick Durbin (D-IL) urging Shumate’s confirmation as Assistant Attorney General for the Civil Division. The letter was co-signed by dozens of former federal officials.
The letter called Shumate a “trusted and respected litigator” and praised his legal career, noting his work defending federal laws and programs. It described the Civil Division as the DOJ’s main litigating component, responsible for defending federal laws, programs, and policies, recovering money owed to the federal treasury, handling immigration litigation, enforcing consumer protection laws, and administering victim compensation funds, including the September 11th Victim Compensation Fund.
Shumate, a Virginia native and son of an attorney, graduated magna cum laude from Furman University in 2003, where he pitched varsity baseball, and magna cum laude from Wake Forest Law School in 2006. He clerked for Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit before spending nearly a decade at Wiley Rein LLP in Washington, DC, becoming a partner in 2015.
He entered government service in 2017 as a Deputy Assistant Attorney General in the Civil Division, leading the Federal Programs Branch and supervising more than 110 attorneys. The letter said he personally argued dozens of cases involving national security, agency regulations, and federal spending. Before rejoining the DOJ earlier in 2025, he was a partner at Jones Day.
Davis’s reporting suggests Shumate is still actively trying to “knife” Gun Owners of America, Palmetto State Armory, Silencer Shop, and the 2nd Amendment — a reference to the case and the ongoing internal debate over whether to appeal.
The appeal question centers on a court decision that invalidated federal registration requirements for gun suppressors under the National Firearms Act (NFA). Gun-rights groups have pushed the Trump administration to accept the ruling, while some DOJ officials, including Shumate, are reportedly reluctant to abandon the registration regime.
Rosenstein’s involvement has added a layer of controversy. Breitbart News reported in 2023 that the DOJ had obtained private communications and records belonging to Republican congressional staffers investigating the origins of the Russia probe. Kash Patel, who investigated the matter for then-Rep. Devin Nunes (R-CA), said Rosenstein allegedly threatened to subpoena congressional staff members’ records during a January 2018 closed-door meeting, and that Rosenstein had authorized surveillance before making that threat.
Rosenstein also faced criticism from Rep. Jim Jordan (R-OH), who said in June 2020 that Rosenstein acknowledged there was no evidence of Trump campaign collusion with Russia, yet still appointed Mueller, expanded his scope, and signed a FISA renewal application involving former Trump campaign adviser Carter Page. Jordan said Rosenstein “just caved to the swamp.”
Additionally, internal government emails obtained by Judicial Watch in February 2020 showed former Obama administration officials sending Rosenstein supportive messages around the time of Mueller’s appointment. One day before Mueller’s appointment, Obama-appointed U.S. Attorney John Huber wrote Rosenstein, “Rod, we’re proud of you.”
Rosenstein resigned in 2019, emphasizing in his resignation letter that law enforcement decisions should be driven by neutral principles, not politics.
The internal DOJ debate over the suppressor ruling remains unresolved, and Shumate’s role, as reported by Davis, has yet to be officially confirmed by the department.
Source: www.breitbart.com — https://www.breitbart.com/politics/2026/08/14/report-dojs-brett-shumate-is-pushing-to-force-continued-registration-of-gun-suppressors-was-backed-by-russia-collusion-hoaxer-rod-rosenstein/