February 12, 2021

The Biden Justice System Takes Shape

He begins with mass firings of U.S. attorneys and will move to remake the judiciary.

It’s often said that a new broom sweeps clean, and nowhere is that more apparent than in the federal judicial system. Judicial appointments are always a primary factor in presidential elections, of course. But as has also become traditional for changes in presidential administration, President Joe Biden’s Justice Department is seeking the resignation of the remaining 56 U.S. attorneys appointed by President Donald Trump, out of a total of 94. Many of the other 38 appointees had already left once the election was decided. This combination of events means justice is going to being looking very different.

While this was an expected request, a bipartisan trio of senators objected to both the timing and the lack of consideration Team Biden gave to home-state senators. One key example was John Lausch, the U.S. attorney for the Northern District of Illinois, who is conducting a probe into allegations of wrongdoing involving Illinois House Speaker Mike Madagan. The request for Lausch’s resignation irked both members of the state’s Senate delegation.

“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,” wrote Senators Dick Durbin and Tammy Duckworth in a joint letter. “We believe Mr. Lausch should be permitted to continue in his position until his successor is confirmed by the Senate, and we urge the Biden Administration to allow him to do so.” Likewise, other affected U.S. attorneys are conducting similar investigations into corruption in their states and districts.

On the other hand, Iowa Senator Chuck Grassley gave a brief history lesson on hypocrisy. “You are obviously within your rights to do this, but four years ago a similar action by then-Attorney General Sessions caused my Democratic colleagues to sound the alarm,” wrote Grassley. “Senator Feinstein observed at the time, ‘Under previous administrations, orderly transitions allowed U.S. attorneys to leave gradually as their replacements were chosen. This was done to protect the independence of our prosecutors and avoid disrupting ongoing federal cases.’ Senator Schumer expressed similar views, saying, ‘By asking for the immediate resignation of every remaining U.S. Attorney before their replacements have been confirmed or even nominated, the President is interrupting ongoing cases and investigations and hindering the administration of justice.’ Senator Warren went so far as to say, ‘You can’t fire the rule of law, @realDonaldTrump. You can’t shut down ongoing investigations by career prosecutors.’”

It should be noted, though, that Biden left two key appointees out of his request. One of them, John Durham, is able to leave his post as U.S. attorney since he’s also the special counsel for the investigation into the botched FBI inquiry into Russian influence in the 2016 election. The other is David Weiss, the U.S. attorney for Delaware. Weiss may be better known as the guy investigating Hunter Biden’s alleged tax evasion, so he’s safe based on the whiff of impropriety that would otherwise be emitted.

Given that changing out U.S. attorneys has become more or less a ritual whenever the White House changes parties, this will likely just be a speed bump on the road to justice. Then again, a longer-lasting change began taking shape immediately after Biden was sworn in as a score of federal judges have transitioned to senior status, which allows the new regime to select their eventual replacements.

Biden began his term with 57 vacancies on the federal court, and that number has grown thanks to a group of jurists — mainly those appointed by Bill Clinton a quarter-century ago — taking advantage of the opportunity to have a like-minded judge carry on their legacy. In that same vein, leftists are also trying to convince 82-year-old Supreme Court Justice Stephen Breyer to retire so a younger black woman can take his place.

Yet there are a couple of other wild cards at play here. While the Democrats made the unpopular vow to pack the Supreme Court, they curiously didn’t bring up the constitutional possibility of crafting more circuit and district courts and judgeships, creating and constituting “tribunals inferior to the Supreme Court.” It’s been pointed out that few cases a year reach the Supreme Court, meaning the judge’s word is law in a lot of instances.

Trump may have appointed a lot of jurists in four years, but there’s a lot of damage to be done by Biden’s appointees. Firing a few U.S. attorneys is just the tip of the iceberg.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2023 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.