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Photo: Stefani Reynolds-Pool/Getty Images

President Biden's Department of Justice this week plans to ask for the resignation of the vast majority of U.S. attorneys appointed during the Trump administration, CNN first reported on Monday night.

Why it matters: The move is expected to affect 56 attorneys confirmed by the Senate.

Details: The process that's anticipated to begin as early as Tuesday is set to take weeks, according to CNN.

  • Two attorneys who will not immediately be asked to resign are John Durham and David Weiss, multiple outlets reported.
  • Durham will continue in his role overseeing an investigation into the origins of the probe into Trump's dealings with Russia, but he'll resign from his position as U.S. attorney in Connecticut, per Bloomberg.
  • Weiss, who is leading an investigation into the taxes of Hunter Biden, the president's son, will also stay on, according to NBC News.

Flashback: In 2017, the Trump administration asked the 46 remaining Obama-era U.S. federal prosecutors to resign.

For the record: Biden has picked Judge Merrick Garland to be the U.S. attorney general.

  • His confirmation hearing was due to begin this week, but Sen. Lindsey Graham (R-S.C.), the leading Republican on the Senate Judiciary Committee, rejected that request, citing the date coinciding with Trump's impeachment trial.
  • The DOJ did not immediately respond to Axios' request for comment.

Editor's note: This article has been updated with new details throughout.

Go deeper

Ex-colleague of Hunter Biden's lawyer gets top DOJ post

Joe Biden hugs Hunter and Jill Biden after he was sworn in as president. Photo: Olivier Douliery/AFP via Getty Images

Hunter Biden hired a new attorney to assist with his federal criminal defense a month before his father became president. On Inauguration Day, one of that lawyer’s close colleagues was tapped to temporarily lead the Justice Department’s criminal division.

Why it matters: The moves put the new DOJ official atop a powerful arm of the justice system as his former colleague represents a client fending off a criminal probe. While their connection will fuel scrutiny of a politically charged matter, ethics experts say strictly adhering to conflict-of-interest rules can address any legitimate concerns.

Updated Feb 8, 2021 - Politics & Policy

Impeachment managers, Trump legal team trade briefs ahead of trial

Former President Trump on Jan. 6. Photo: Tayfun Coskun/Anadolu Agency via Getty Images

Former President Trump's legal team filed a brief on Monday condemning his impeachment as “political theater," as Senate Majority Leader Chuck Schumer and Minority Leader Mitch McConnell closed in on an agreement setting the parameters for the historic trial kicking off Tuesday.

The state of play: Impeachment managers and Trump's attorneys will debate the issue of constitutionality of the trial on Tuesday, which the Senate will then vote on at a simple majority threshold.

Feb 9, 2021 - Politics & Policy

Impeachment 2.0: A tale of the tapes

Illustration: Annelise Capossela/Axios

House impeachment managers and Donald Trump's defense team both plan to rely heavily on video during the former president's trial this week, and will try to use the opposing party's words against them, sources familiar with their plans tell Axios.

What we're hearing: Trump's team, which will consist of four lawyers present on the Senate floor, is expected to make the First Amendment a focal point of their defense. Meanwhile, the House Democratic managers plan to show a series of videos designed to shock the Senate chamber and play on members' emotions.