Biden DOJ wants DC's acting US attorney to transition to special role for Capitol breach probe

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The Justice Department has signaled it wants acting U.S. attorney for the District of Columbia Michael Sherwin to stay on in some type of special prosecutor capacity to continue overseeing the Capitol breach investigation, sources familiar with the situation told Fox News.

The news comes as the Biden administration is expected to ask U.S. attorneys appointed by President Trump to resign from their posts — with the exception of the prosecutor overseeing the tax probe tied to Hunter Biden, David Weiss for Delaware, and John Durham, who will continue in his role as special counsel investigating the origins of the Russia probe.

Sherwin was appointed last year to the post during the Trump administration by then-Attorney General William Barr.

US ATTORNEY HANDLING HUNTER BIDEN PROBE ASKED TO STAY ON, OFFICIALS SAY

But sources told Fox News that while he will be asked to leave his post as acting U.S. Attorney for the District of Columbia, leadership within the Biden Justice Department want Sherwin to stay in charge of the Capitol breach prosecutions.

Acting U.S. Attorney Michael Sherwin speaks during a news conference Tuesday, Jan. 12, 2021, in Washington. Federal prosecutors are looking at bringing "significant" cases involving possible sedition and conspiracy charges in last week’s riot at the U.S. Capitol. (Sarah Silbiger/Pool via AP)

One source told Fox News that the Justice Department wants Sherwin to serve in some type of special prosecutor capacity from main Justice.

It is unclear, at this point, who will replace him at the D.C. U.S. Attorney’s Office.

Neither a spokesperson for Sherwin nor for the Justice Department immediately responded to Fox News’ request for comment.

Sherwin has had oversight of the prosecutions stemming from the Capitol riot on Jan. 6.

Sherwin has vowed to "bring the most maximum charges we can based upon the conduct."

"We’re not going to keep anything out of our arsenal for potential charges," Sherwin said at a news conference last month.

FEDS CONSIDERING RICO CHARGES FOR CAPITOL RIOTERS

After the Capitol siege, Sherwin said the Justice Department was considering bringing sedition charges against some of the rioters, effectively accusing them of attempting to overthrow or defeat the government.

Overall, federal authorities have charged more than 150 people in the Capitol siege.

As for other federal prosecutors, a senior Justice Department official told Fox News that U.S. Attorney for Delaware David Weiss, who has oversight of the federal investigation into Hunter Biden’s "tax affairs" will remain in place.

A well-placed government source told Fox News that Hunter Biden is a subject/target of the grand jury investigation. According to the source, a "target" means that there is a "high probability that person committed a crime," while a "subject" is someone you "don't know for sure" has committed a crime. 

The source also told Fox News that this investigation was predicated, in part, by Suspicious Activity Reports (SARs) regarding suspicious foreign transactions. 

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Another source familiar with the investigation told Fox News that the SARs were regarding funds from "China and other foreign nations."

The investigation, according to a source familiar with the matter, began in 2018. 

Meanwhile, the senior official also told Fox News that John Durham, the U.S. attorney for Connecticut, will resign from his position as U.S. attorney, but will stay on as special counsel to continue his now years-long investigation into the origins of the Trump-Russia probe.

Last week, Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, urged acting Attorney General Monty Wilkinson to "refrain from interfering" in Durham’s investigation and the federal investigation into Hunter Biden’s "tax affairs" while the Senate works to confirm Biden’s nominee to lead the Justice Department.

The Senate is currently processing the nomination of Judge Merrick Garland to the position of attorney general.

Fox News' David Spunt and The Associated Press contributed to this report.