The Trump transition team is reportedly planning to swiftly replace U.S. attorneys with individuals who support the president-elect’s agenda. According to six lawyers briefed on internal deliberations, the team is focusing on identifying current career prosecutors in the nation’s 93 federal districts who are believed to align closely with Trump’s law enforcement priorities, such as deportations. These attorneys spoke under the condition of anonymity.
The approach aims to prevent so-called “counter-revolutionaries,” although it raises questions about the legality of such moves. One individual cited potential violations of civil service statutes, suggesting that redesignating assistant U.S. attorneys based on their purported political ideologies may not be permissible.
This transition strategy is prioritizing high-profile areas significant to Trump, including districts in Manhattan, Brooklyn, Washington, D.C., Miami, Texas, and California. While replacing U.S. attorneys at the beginning of a new administration is customary, the proposed timeline appears to be more accelerated. It underscores the urgency with which the Trump team appears to be moving as his second presidency takes shape. For more details, see this Bloomberg Law report.
- Biden-appointed U.S. attorneys have been resigning, setting the stage for their first assistants to step into acting roles ahead of inauguration. However, the Trump transition expresses skepticism regarding these interim actors due to potential lingering loyalties to Biden.
- In practice, although U.S. attorneys serve at the president’s discretion, they traditionally maintain a degree of independence while reporting to the deputy attorney general.
Efforts to ensure Trump-aligned interim attorneys are part of a larger strategy. Transition staff have reached out to former Department of Justice leaders from Trump’s previous administration, gathering names of current prosecutors deemed suitable for temporary positions. This could also offer a solution if Senate confirmations for permanent replacements are delayed, particularly in states where Democratic senators might oppose the nominations.
As the new administration takes steps to fill these posts, over 30 House Republicans have called for a complete overhaul of U.S. attorneys, including all first assistants, citing the need for a “reconstitution of confidence” in the Department of Justice. Historically, demands for resignations from U.S. attorneys have varied; for example, the Biden administration began the process in early February 2021, while Trump’s previous term aimed for dismissals by mid-March 2017.
Thus far, Trump has announced nominations for U.S. attorney positions in two New York districts. His attorney general nominee, Pam Bondi, is scheduled for a Senate confirmation hearing soon.