麻花视频

鈥淢y main priority is not to mess up a good thing,鈥� Gilbert told The 麻花视频 in a July 14 interview, saying he had no immediate plans for change in an office that appeared to be running smoothly.

That, apparently, was not what the White House had in mind.

Gilbert, who was nominated by President Donald Trump, resigned on Wednesday. The former Republican state lawmaker did not publicly explain the reason for his unusual and unexpected departure, which came less than two months after he was appointed by U.S. Attorney General Pam Bondi. He did not return calls and texts this week.

But according to a person with knowledge of what happened, Gilbert had a falling out with officials in the Trump administration over his second-in-command, First Assistant U.S. Attorney Zachary Lee.

Lee had been serving as acting U.S. attorney until Gilbert鈥檚 appointment, at which time he resumed his previous duties. Lee also was first assistant U.S. attorney under Chris Kavanaugh, the former U.S. attorney who was nominated by then-President Joe Biden.

Concerned about what they believed to be Lee鈥檚 connections to the former Democratic administration, Trump officials pushed Gilbert to replace him with someone more in step with their agenda, the source said.

When Gilbert resisted, Robert Tracci 鈥� a former Virginia assistant attorney general who had earlier been a contender for Gilbert鈥檚 job 鈥� was appointed by the Department of Justice to replace Lee. Tracci began work Aug. 4 as the office鈥檚 new first assistant U.S. attorney.

An irritated Gilbert then named Lee as senior counsel and executive assistant U.S. attorney, a new position that retained much of the authority of his old job.

Angered by his actions, administration officials gave Gilbert a choice: resign or be fired, according to the source, who asked not to be identified.

When Gilbert resigned, Tracci became acting U.S. attorney under the Federal Vacancies Reform Act, which elevates the first assistant U.S. attorney to the position of acting head prosecutor when there鈥檚 a vacancy at the top.

Brian McGinn, a spokesman for the U.S. Attorney鈥檚 Office, declined to comment on the circumstances of Gilbert鈥檚 resignation, except to confirm the personnel changes. A spokesperson for the Department of Justice in Washington also had no comment.

鈥楬e paid the price鈥�

It is very rare for the Justice Department to get involved in a personnel matter in the Western District, said Tony Giorno, who spent nearly 30 years in the 麻花视频-based office in roles that included assistant, first assistant and acting U.S. attorney.

鈥淚f it did happen, I鈥檓 not aware of it,鈥� said Giorno, who added that he had no knowledge of the circumstances of Gilbert鈥檚 decision to resign.

Carl Tobias, a law professor at the University of Richmond, said he found the situation troubling for several reasons. For one, Tobias said a U.S. attorney should be free to pick his own second-in-command.

鈥淚t seems like a good gesture to me,鈥� he said of Gilbert鈥檚 decision to keep a long-time and respected prosecutor such as Lee in a supervisory position. 鈥淏ut he paid the price for it.鈥�

The law professor, who closely follows the appointments of federal judges and prosecutors, said that too much intervention from Washington could threaten the office鈥檚 autonomy and diminish morale.

鈥淲hat you want is a smooth-running district court, without a lot of drama, and it鈥檚 important to have a well-functioning U.S. Attorney鈥檚 Office to do that,鈥� Tobias said.

Others say it is common in the Western District for an incoming U.S. attorney to pick a new first assistant U.S. attorney. Keeping a holdover from the past administration could run counter to imposing the priorities of a new president, the thinking goes.

In some respects, Tobias said, what happened with Gilbert is similar to a trend that is playing out across the United States.

Usually, after a president nominates a candidate for the job, he or she must be confirmed by the U.S. Senate before taking office. But in many cases, the Trump administration is appointing its picks on an interim basis 鈥� allowing them to immediately take office and begin imposing the president鈥檚 priorities, with limited oversight from the legislative branch.

An interim appointee, which Gilbert was, has a term of 120 days. After that, they must have received Senate confirmation or had their tenure extended by judges in the district they serve. The judges are also free to select another U.S. attorney.

When someone is appointed acting U.S. attorney, it is for a term of 210 days.

鈥楯ust the way it is鈥�

Virginia鈥檚 two Democratic U.S. senators, Mark Warner and Tim Kaine, in April recommended two candidates 鈥� Gilbert and Tracci 鈥� for nomination by Trump, who then selected Gilbert.

In a joint statement last week, Warner and Kaine said they were surprised to learn of Gilbert鈥檚 resignation.

鈥淎fter a thorough interview process that included the input of a bipartisan panel of former Virginia U.S. attorneys and other well-respected members of the Virginia legal community, the senators recommended two candidates,鈥� the statement said.

鈥淭odd Gilbert was among them because he was exceptionally qualified to execute the duties of this role.鈥�

Gilbert, who once served as speaker of the Virginia House of Delegates, has previous experience as a state prosecutor in Lynchburg and later in the Shenandoah Valley, which he calls home.

Although he was not Trump鈥檚 first pick, Tracci also has strong qualifications.

During his tenure in the attorney general鈥檚 office, Tracci served as section chief for major crimes and emerging threats. He was elected Albemarle County commonwealth鈥檚 attorney in 2015 and has served as assistant commonwealth鈥檚 attorney in Louisa County.

Tracci has also worked as a special assistant U.S. attorney in the Western District, where he assisted in the prosecutions of complex financial fraud, child abuse, drug cases and firearm offenses.

Efforts to reach both Tracci and Lee, who remains an employee in the U.S. Attorney鈥檚 Office, were unsuccessful last week.

U.S Rep. Morgan Griffith, R-Salem, said that it was 鈥渘ot my place鈥� to comment on the resignation of Gilbert. But generally speaking, he said, it is not unheard of for someone selected to head a government office or private company to not work out as hoped.

鈥淚鈥檝e known Todd for decades, and I know him to be a fine lawyer.鈥� Griffith said. 鈥淏ut sometimes, no matter how good someone is, the fit isn鈥檛 right. That鈥檚 just the way it is.鈥�