By tradition, U.S. Attorneys are replaced only at the start of a new White House administration. U.S. Attorneys hold a "political" office, and therefore they are considered to "serve at the pleasure of the President." At the beginning of a new presidential administration, it is traditional for all 93 U.S. Attorneys to submit a letter of resignation. When a new President is from a different political party, almost all of the resignations will be eventually accepted.[69] The attorneys are then replaced by new political appointees, typically from the new President's party.[70][71][70]
A Department of Justice list noted that "in 1981, Reagan's first year in office, 71 of 93 districts had new U.S. attorneys. In 1993, Clinton's first year, 80 of 93 districts had new U.S. attorneys." Similarly, a Senate study noted that "Reagan replaced 89 of the 93 U.S. attorneys in his first two years in office. President Clinton had 89 new U.S. attorneys in his first two years, and President Bush had 88 new U.S. attorneys in his first two years."[72]
In contrast to the 2006 dismissals, Presidents rarely dismiss U.S. attorneys they appoint.[70][71] Kyle Sampson, Chief of Staff at the Department of Justice, noted in a January 9, 2006, e-mail to Harriet Miers: "In recent memory, during the Reagan and Clinton Administrations, Presidents Reagan and Clinton did not seek to remove and replace U.S. Attorneys they had appointed, but instead permitted such U.S. Attorneys to serve indefinitely under the holdover provision" (underlining original).[73] There is no precedent for a President to dismiss several U.S attorneys at one time while in the middle period of the presidential term in office. [74][75]
