DOJ Officials May Resign Before Trump Takes Office Again

As Donald Trump prepares for a potential second term, concerns are rising among U.S. attorneys about their future under his administration.

Following a common administrative changeover practice, many current U.S. attorneys are expected to resign or be replaced as the Trump administration takes shape.

Historical Context of Administrative Transitions

The practice of new administrations replacing U.S. attorneys dates back several decades. It was notably initiated by Ronald Reagan, who replaced 89 U.S. attorneys during his first two years in office. This tradition has been maintained by successive presidents, including Bill Clinton and George W. Bush, who replaced a similar number of U.S. attorneys during their initial terms.

Most recently, President Joe Biden continued this tradition by requesting the resignation of Trump-appointed U.S. attorneys about thirty days into his term in February 2021. This move was not unprecedented as it followed similar actions by past administrations, including the transition from Obama to Trump in March 2017.

Trump's Plans for DOJ Appointments

With Donald Trump's recent election victory, there is an expectation among current U.S. attorneys that they will either resign voluntarily or face dismissal. The anticipated exodus is partly due to the precedent set by previous presidents but also stems from a desire to avoid being directly replaced.

Mike Davis, a lawyer aligned with Trump and founder of the Article III Project, stated, "Trump can replace all those attorneys. However, as is custom, many may resign themselves ahead of time, or at least offer their resignation."

This sentiment is reflected in the broader Department of Justice, where a "collective sense of dread" has been reported among career attorneys, according to a DOJ attorney who remarked, "Everyone I’ve talked to, mostly lawyers, are losing their minds."

Concerns Over DOJ's Future Direction

Amidst these changes, Trump has nominated former Republican Florida Representative Matt Gaetz as his attorney general, a choice that has been met with mixed reactions.

Gaetz was not originally on the shortlist for Attorney General but was later discussed as a candidate on Trump Force One.

An advisor to Trump highlighted Gaetz's unique approach to the role, which stands out from other candidates who have a more traditional legal focus. "None of the attorneys had what Trump wants, and they didn’t talk like Gaetz," a Trump adviser explained.

The adviser further elaborated on Gaetz's attitude towards the position, "Everyone else looked at AG as if they were applying for a judicial appointment. They talked about their vaunted legal theories and constitutional bullshit. Gaetz was the only one who said, 'yeah, I’ll go over there and start cuttin’ fuckin’ heads.'"

Sen. Mike Lee's Views on DOJ Operations

Republican Utah Senator Mike Lee has expressed his hopes for the future direction of the DOJ under Trump, emphasizing the need to end politically motivated prosecutions and to refrain from targeting states that are engaged in cleaning up voter rolls.

"As with past presidents, President Trump has the authority to hire attorneys who are dedicated to these goals and fire those who refuse to achieve them for the American people," Lee stated, reflecting the broader Republican perspective on the function and focus of the DOJ going forward.

A source familiar with the transition process mentioned, "I would expect actually, given the fact that most of the U.S. attorneys in place now are Biden appointees, confirmed by a Democrat Senate, that President Trump’s going to want to clear them out and then get his own people in there."