New presidents fire U.S. Attorneys, but Biden's choice is tricky

Several former Justice Department officials who spoke to RealClearPolitics said they fully expect Biden to fire some or all of the U.S. attorneys appointed by Trump, including the one investigating his son. Guy Lewis, a former U.S. attorney in Florida who also served as a director of the Executive Office for U.S. Attorneys during the Bush administration, said most dismissals of holdover federal prosecutors create a blowup politically but should be considered a matter of routine presidential prerogative.

“Almost without exception, say, in the past four or five [presidential transitions], U.S. attorneys have been relieved of their positions,” Lewis told RCP. The dilemma Biden faces with his son under investigation is truly “extraordinary,” Lewis added, predicting that Biden will leave the decision on whether to dismiss the U.S. attorneys to his AG.

“In order to demonstrate the independence and arms-length promises – everything he’s been preaching — I think he’ll say, ‘Attorney General, you make the call. It’s your call,’” Lewis said. “Isn’t that the safest play?”