Law360 (February 9, 2021, 6:11 PM EST) — The U.S. Department of Justice on Tuesday asked for the resignations of U.S. attorneys appointed by former President Donald Trump, a DOJ official confirmed, though at least one will be spared as the department looks to protect politically sensitive investigations.
The shakeup, a routine practice that allows new presidents to pick their own top prosecutors, will not include Delaware U.S. Attorney David Weiss, who is overseeing a tax investigation into President Joe Biden’s son, Hunter Biden. Connecticut U.S. Attorney John Durham will resign, but he was asked to continue his special counsel probe into the origins of the Trump-Russia investigation, people familiar with the matter said.
The DOJ has also discussed keeping Michael Sherwin as acting Washington, D.C., U.S. attorney amid a sweeping investigation into the January riot at the U.S. Capitol, according to a person familiar with the matter. That probe, which has already led to hundreds of arrests, could take years to complete, this person said. It was unclear Tuesday whether Sherwin will resign, and his office didn’t respond to inquiries.
The DOJ confirmed Tuesday that it has started the process of replacing U.S. attorneys, noting that past administrations have done the same. Acting Attorney General Monty Wilkinson said in a statement that the department is “committed to ensuring a seamless transition.”
Roughly one-third of U.S. attorney’s offices were under temporary leadership when the transition process began, the DOJ said, and Bobby L. Christine, U.S. Attorney for the Southern District of Georgia, announced his resignation Tuesday, though he said he had previously shared the news internally.
The purge could sweep out John Lausch, the U.S. Attorney for the Northern District of Illinois, who is overseeing high-profile corruption cases in Chicago. Illinois Sens. Dick Durbin, D-Ill., and Tammy Duckworth, D-Ill., said that Lausch should keep his job until a Senate-confirmed replacement is found, adding that they were “disappointed” they weren’t consulted by the White House.
“While the President has the right to remove U.S. attorneys, there is precedent for U.S. attorneys in the Northern District of Illinois to remain in office to conclude sensitive investigations,” they said in a joint statement Tuesday. “We believe Mr. Lausch should be permitted to continue in his position until his successor is confirmed by the Senate.”
A White House spokesperson did not immediately respond to a request for comment Tuesday.
The Biden campaign disclosed Weiss’ tax investigation in December amid a drumbeat of allegations by the Trump camp and conservative news outlets, which accused the younger Biden of shady deal-making and influence-peddling abroad. The Biden administration has denied those claims.
Durham, meanwhile, is probing the early stages of what became former special counsel Robert Mueller’s investigation of Russian interference in the 2016 election, which Trump and many fellow Republicans claimed was tainted by malfeasance and bias.
The latest shakeup comes as Biden’s nominee for attorney general, Merrick Garland, prepares to take the reins of a department battered by allegations of political interference and declining morale among career prosecutors during the Trump administration.
–Editing by Steven Edelstone.
