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US ATTORNEY’S OFFICE FOR THE WESTERN DISTRICT OF VIRGINIA
Prosecutors leaving US Attorney's Office in Western Virginia (copy) (copy) (copy) (copy)
The Roanoke-based U.S. Attorney’s Office is facing a serious staffing shortfall, caused in large part by an exodus of unhappy prosecutors during the turbulent second term of President Donald Trump.
Twenty-five assistant U.S. attorneys are currently working for an office that, if fully staffed, would have 37 such prosecutors to handle criminal and civil cases across Western Virginia, according to Brian McGinn, a spokesman for the office.
The total number of attorneys and support staff at the office, which has branch locations in Abingdon and Charlottesville, is currently 45, McGinn said. That’s compared to the 74 positions it could have if fully staffed.
At least 10 assistant U.S. attorneys have left the office during a time of sweeping changes at the U.S. Department of Justice under Trump’s leadership, said six of them who recently spoke to The Roanoke Times on the condition that they not be named.
Their departures mirror a national trend.
Since Trump took office in January 2025, more than a quarter of the DOJ’s attorneys have either been fired or resigned from a department that is being systematically purged of those perceived as not aligned with the president’s agenda, according to the Justice Connection.
A network of former DOJ litigators, judges and law enforcement agents, the Justice Connection says the Trump administration has advanced the politization of the department — in part by demanding the help of prosecutors who traditionally have maintained a distance from politics.
“The state of the office is pretty bleak,” said one former prosecutor who last year left the U.S. Attorney’s Office for the Western District of Virginia.
Reasons for leaving
The six former assistant U.S. attorneys who spoke with the newspaper listed a variety of concerns:
- Undue influence by DOJ officials in Washington, D.C., over matters that are normally handled internally. Last summer, a long-distance personnel dispute led to the demotion of Zachary Lee as first assistant U.S. attorney and the resignation of interim U.S. Attorney Todd Gilbert.
- A high degree of micro-management of assistant U.S. attorneys over the prosecution of cases, including decisions of who gets charged and for what offenses. Immigration cases have been given a high priority.
- What some former prosecutors call a distrust of people who have been in the office a long time, particularly during Democratic administrations, who are perceived as not being loyal to their leaders.
- A fear — driven by what has happened here and at other U.S. Attorney’s Offices across the country — that employees might be unfairly terminated or forced to resign. “Everybody feels like they have a target on their back,” said another former assistant prosecutor.
- And a pattern by Trump using the judicial system to reward his friends and punish his foes.
In May 2025, the Republican president pardoned the former sheriff of Culpeper County, who was convicted of bribery in a case prosecuted by the Charlottesville office. And on the first day of his second term, Trump pardoned the more than 1,500 people who stormed the U.S. Capitol four years earlier in an attempt to overturn an election he lost.
Although those cases were tried in Washington, D.C., about a dozen of the defendants were from the Western District of Virginia, where their initial hearings were handled by Roanoke-based prosecutors.
A demoralizing pardon
Melanie Smith, a former assistant U.S. attorney who prosecuted the ex-sheriff, said she and her colleagues were demoralized by Trump’s pardon.
Scott Jenkins was convicted of accepting more than $75,000 in cash bribes in exchange for handing out Culpeper County Sheriff’s Office credentials to untrained and unvetted individuals. The case was based on strong evidence that included video footage of the sheriff stuffing the bribe money into his pocket, Smith said.
“To have done all that work, and to know that it was a just and strong case when a jury of his peers convicted him, to have that just wiped clean, it was difficult,” Smith said in a telephone interview Friday.
“It was frustrating because we want people to believe in the justice system,” she said. “And we want to be able to enforce the laws of this country. And we were trying to show the American people that no one's above the law.”
Smith said the pardons were a key reason why she quit her dream job last year.
Collectively, the exit of so many employees over such a short period of time threatens the office’s ability take on the complex cases that have long been its specialty, said Tony Giorno.
Giorno, a retired prosecutor who served for more than 25 years as an assistant, first assistant, and acting U.S. attorney for the Western District, said the office has lost much of the institutional memory and mentoring skills held by veteran workers.
“The loss of experienced assistant U.S. attorneys and the loss of experienced support staff can have a very detrimental effect on the office,” Giorno said. “You can’t replace that kind of loss overnight.”
The U.S. Attorney’s response
First Assistant U.S. Attorney Robert Tracci, a Republican who has headed the office since Gilbert’s sudden departure in August, said he is actively recruiting to fill vacancies in legal, support and administrative positions.
Tracci
“We are committed to hiring the best criminal and civil attorneys and support personnel to advance justice and best serve the citizens of the Western District of Virginia in federal court,” he said in a written statement.
The office’s support staff includes paralegals and legal assistants who are seen as vital to the work of prosecutors.
One of those employees and two assistant U.S. attorneys chose to leave under the Trump administration’s “fork in the road” policy, a buyout plan aimed at shrinking the federal workforce, McGinn said. In January 2025, more than 2 million government employees were given the option of either agreeing to comply with new workforce policies — such as enhanced performance standards and limits on working from home — or leaving and receiving full pay and benefits through Sept. 30.
The rest of the departures by prosecutors and support staff were difficult decisions made easier by a variety of bad circumstances, according to one of the six former employees who spoke anonymously.
“I can’t tell you the number of people I’ve talked to who have made the bittersweet decision to leave the office,” the person said.
While the office’s full staffing complement is 74, McGinn said that level has never been reached due to funding restrictions.
In response to reports of poor morale, Tracci said his office has “enhanced the number and quality of criminal and civil cases brought on behalf of the citizens we serve.” His written statement stressed an emphasis on hiring “talented, dedicated and energetic” employees to “advance the public safety and law enforcement goals of the Department of Justice.”
Tracci said he revised the office’s policy on charging decisions in October to reflect current DOJ priorities. "It is not unprecedented, uncommon, or undue for Main Justice to ensure that U.S. Attorney's Offices implement national law enforcement priorities and objectives,” he said.
As for concerns about the targeting of long-term employees who worked under the Joe Biden administration, or those of other Democratic presidents, their boss wrote:
“All employees in this office are assessed by the strength and quality of their professional performance, not their seniority. Public service is a privilege, not an entitlement.”
A decrease in caseloads
The courtrooms in Roanoke’s federal courthouse are not seeing as many criminal defendants in recent months, say many attorneys and legal observers.
Numbers provided by the clerk’s office for the Western District bear that out. From January through May, 49 new criminal cases were filed, involving 55 defendants districtwide. (It’s not unusual for federal cases to have multiple defendants.)
During the same five-month period last year, there were 66 new cases filed that included 79 defendants.
While not a precipitous decline, some say it is both noticeable and troubling.
And, according to University of Richmond law professor Carl Tobias, it reflects a concern across the country that the decrease in the number of prosecutors and other staffers is naturally leading to a decline in the courts’ caseloads.
“Everything you're telling me mirrors what I'm hearing nationwide,” Tobias said when told of the figures in the Western District of Virginia.
“The offices are hollowed out,” he said, “I think I saw a figure of a quarter of the lawyers have either been dismissed or have resigned, which is an incredible statistic if you think about it.”
Numbers provided by the U.S. Attorney’s Office tell a different story.
In the current fiscal year, which ends Sept. 30, there have been a total of 120 cases filed that name 168 defendants through April 3, according to a statement from the office.
“Even with current staffing limitations, this office maintained productivity and output totals in 2025,” the statement read. “Moreover, as the numbers reflect, this office is on pace to significantly increase the number of cases filed in 2026.”
But with fewer people doing more work, some former prosecutors predict that more departures are imminent.
Leadership musical chairs
Although Tracci’s official title is first assistant U.S attorney, he is unofficially the U.S. attorney — in an office that doesn’t have one.
A leadership game of musical chairs began when Chris Kavanaugh, who was nominated by Biden and confirmed by the Senate, resigned in December 2024, as he and his fellow U.S. attorneys were expected to do.
Kavanaugh’s first assistant U.S. attorney, essentially his second-in-command, was Zachary Lee, who by law automatically became the acting U.S. attorney until Trump could nominate his own choice.
That happened in June, when Trump selected Todd Gilbert, a former prosecutor and Republican lawmaker who once served as speaker of Virginia’s House of Delegates. Before he could be confirmed by the Senate — in another unusual development — Gilbert was named interim U.S. attorney and sworn in on July 14.
Almost immediately, tension developed between the new prosecutor and DOJ officials in Washington.
The falling out was caused by Gilbert’s decision to keep Lee as his second-in-command. Lee — a longtime prosecutor who was respected and well-liked in the office — was viewed through Republican lens as a holdover from the Biden administration and therefore an unsuitable person to be first assistant U.S. attorney, a person with knowledge of what happened said at the time.
Told to ditch Lee, Gilbert refused. DOJ officials then appointed Tracci, a former Virginia assistant attorney general who had earlier been a contender for Gilbert’s job, to replace Lee.
As the new first assistant U.S. attorney, Tracci was then in line to replace Gilbert on an acting basis should the need arise — which happened Aug. 20, when he suddenly resigned after just 37 days in office.
The source who explained what happened said angry DOJ officials told Gilbert to resign or be fired. Gilbert did not offer a public explanation for his mysterious exit.
But at the heart of the dispute was pressure by FBI director Kash Patel to bring a politically charged case against James Comey, a former FBI director who had become the subject of Trump’s ire, as detailed in a recently released book, “The Department of Revenge: How Trump Took Control of American Justice.”
The book written by New York Times reporter Devlin Barrett, who covers federal law enforcement for the newspaper, describes how Patel believed that Comey was linked to a secret vault of documents that proved the FBI had deliberately set up Trump with investigations based on false information about his links to Russia in the 2016 election, when Trump won his first term.
Justice Department officials selected Gilbert to head the investigation because some of the so-called “burn bags” that contained the documents were stored in a Winchester warehouse, which is within the sprawling Western District.
The investigation was eventually dropped with no charges, Barrett wrote, after prosecutors decided there was insufficient evidence -- confirming the earlier thoughts of Lee and Gilbert
Both of them are now gone. Gilbert’s resignation in August was followed two months later by Lee’s decision to leave the office and take a job with a Roanoke-based law firm.
Not helping the people who need it?
During his first year in office, Tracci has taken an active role in working with local and state law enforcement agencies.
He accompanied Roanoke Police Chief Scott Booth on one of his neighborhood walks in May to promote Project Safe Neighborhood, a DOJ initiative to address violent crime. And he emphasized his office’s cooperation with local authorities during a news conference he held to announce a regional operation that led to the arrest of 150 fugitives and the seizure of a large stockpile of drugs.
One thing he hasn’t accomplished, though, is to receive a presidential nomination to become U.S. Attorney.
Trump has been reluctant to have his chosen prosecutors vetted by the Senate, instead appointing them as acting or interim U.S. Attorneys, who can serve only for a limited amount of time, Tobias said.
Only about half of the country’s 94 U.S. Attorneys were nominated by Trump and confirmed by the Senate. Others were placed in office with titles similar to Tracci’s label of first assistant U.S. attorney.
That circumvents the legislative branch’s oversight of the judicial system, said Tobias, who closely follows the process. And lacking Senate confirmation, Tracci has less authority to push back when given orders by DOJ officials — who could fire him as quickly as they appointed him, the law professor said.
Now, Tracci could remain in office with his current title for the rest of Trump’s term.
With similar situations across the county, Tobias believes that line prosecutors who would rather avoid politics will likely continue to leave.
“That's not what they signed up for, and that's not what they want to do,” he said of assistant U.S. attorneys who are dedicated to keeping their communities safe. “So it’s just a red line that has never been crossed before.”
“When you cut your staff in half, what are you going to do?” he said. “You're not going to be as effective in helping the people who need help.”
Laurence Hammack (540) 981-3239
Spay, neuter shuttle coming to Floyd
A dog spay/neuter low-cost shuttle is coming to Floyd in July. Financial assistance is available. The shuttle is for Floyd County residents only. Call 540-745-7207. Spay/neuter is by appointment only.
Upcoming programs at Jessie Peterman Memorial Library
Happening now: Unearth a Story: Summer Reading Program for ALL AGES is happening now at the Jessie Peterman Memorial Library. Read and complete activities to win BIG prizes! Sign up in Beanstack or pick up a reading log at the library! https://mfrl.beanstack.org/
June 25- Scrabble at the Jessie Peterman Memorial Library on Thursday, June 25th at 1:30 pm. Enjoy a challenging and fun game of Scrabble with other word enthusiasts!
June 25- Not Just Anime Club for Teens at the Jessie Peterman Memorial Library on Thursday, June 25 at 5 pm. Watch Anime shows and movies with friends, listen to music, talk about Manga, and learn about Japanese culture and language. Snacks and activities provided. Optional: Bring something anime or manga related for "show and tell." For ages 11+. Meets the 4th Thursday each month.
June 27- Paint Your Own Pet Rock at the Jessie Peterman Memorial Library on Saturday, June 27th at 11 am. Create your own easy to care for pet rock with a little paint and googly eyes!
June 27- Prepared for What Comes Next at the Jessie Peterman Memorial Library on Saturday, June 27th at 1 pm. Join the United Way of Southwest Virginia for a free, community-focused disaster preparedness presentation. This one-hour session walks participants through what to realistically expect when disaster strikes in our region and practical steps they can take right now to protect themselves and their families. Built around three core pillars, Stay Informed, Have What You Need, and Know What to Do, the program covers local hazard awareness, emergency kit building, family emergency planning, and how United Way's Citizen Recovery Program can help after a disaster. No prior experience is needed and all are welcome. A little ready goes a long way!
July 1- All Ages Storytime at the Jessie Peterman Memorial Library on Wednesday, July 1st at 10:30 am. Share stories, rhymes, music, and movement, and a craft as a family. Develop early literacy skills and encourage a love of reading.
July 1- Big and Little Social Club at the Jessie Peterman Memorial Library on Wednesday, July 1st at 11:15 am. Hang out and socialize after our regular story time with other caregivers and the little ones in their care. We'll put out toys for the tots although adults are welcome to play too!
July 1- Pocket Dino Pets at the Jessie Peterman Memorial Library on July 1st at 3 pm. Create your own pocket pet using materials provided. Choose a dinosaur and create their home however you want! Recommended for ages 9 and up. Supplies limited
July 2- Scrabble at the Jessie Peterman Memorial Library on Thursday, July 2 at 1:30 pm. Enjoy a challenging and fun game of Scrabble with other word enthusiasts!
July 4-The Jessie Peterman Memorial Library will be closed on Saturday, July 4th. The library is closed on Sundays during the summer.
