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Report: Biden DOJ to call for Trump-appointed US attorneys to resign

Donald Trump in Phoenix, Ariz. in Feb. 2020. (Gage Skidmore/Flickr) | Joe Biden in Altoona, Iowa in Aug. 2019. (Gage Skidmore/Flickr)
February 09, 2021

Joe Biden’s Department of Justice is expected to request the resignation of U.S. attorneys appointed by former President Donald Trump as early as Tuesday, a top Justice Department officials said on Monday, according to CNN.

While the request is expected to impact 56 Senate-confirmed U.S. attorneys, some attorneys are expected to stay. The Justice official did not disclose when the resignations would take effect, but said a call with U.S. attorneys nationwide to manage the transition has been scheduled.

Acting Attorney General Monty Wilkinson reportedly asked Delaware U.S. Attorney David Weiss to stay in office to continue his oversight of the tax probe of Hunter Biden.

CNN reported that John Durham, who was appointed by former Attorney General William Barr as special counsel, will also continue working despite a high likelihood that he will resign as U.S. attorney in Connecticut, the Department official said.

The Biden administration may also keep Michael Sherwin on despite his appointment under Trump, in an effort to avoid disrupting an investigation into the January 6 protest that turned violent at the Capitol building.

According to CNN, changing U.S. attorneys is standard practice during transitions of power. In 2017, former Attorney General Jeff Sessions called for the resignations of 46 Obama appointees.

While a number of U.S. attorneys resigned prior to Biden’s inauguration, several high-profile attorneys did not, including U.S. Attorney for the Southern District of Ohio David DeVillers, Utah U.S. Attorney John Huber and Pittsburgh U.S. Attorney Scott Brady.

First appointed by former President Barack Obama and then again by former President Trump, one of Huber’s missions was to examine a previous Justice Department investigation into Democrat Hillary Clinton’s businesses and the Clinton Foundation.

According to CNN, changing U.S. attorneys is standard practice during transitions of power. In 2017, former Attorney General Jeff Sessions called for the resignations of 46 Obama appointees.

President Biden tapped Merrick Garland to lead the department, but his confirmation hearing was delayed by former Judiciary Committee Chairman Lindsey Graham.

Graham said he needs to question Garland on ongoing investigations, urging the acting head of the Justice Department “not to interfere in or call off” the investigations.

Further delaying confirmations is the second Senate impeachment trial of former President Donald Trump beginning Tuesday.

On January 6, a protest at the Capitol building turned violent following a speech from Trump during which he said, “I know that everyone here will soon be marching over to the Capitol building, to peacefully and patriotically make your voices heard.”

Since then, top Democrats have accused Trump of inciting an insurrection against the federal government, ultimately impeaching him in the House for the second time.