U.S. Attorneys. Charged with ensuring “that the laws be faithfully executed,” the 93 United States Attorneys work to enforce federal laws throughout the country. The President appoints a United States Attorney to each of the 94 federal districts (Guam and the Northern Mariana Islands are separate districts but share a United States Attorney). The United States Attorney is the chief …
Apr 01, 2022 · Friday, April 1, 2022. WASHINGTON – Attorney General Merrick B. Garland today announced the appointment of 12 U.S. Attorneys to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Created in 1973, the AGAC advises the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys and …
Apr 22, 2022 · President Joe Biden on Friday announced five new nominees for US attorney positions in Illinois, Idaho, Pennsylvania and California, along with three more nominees to serve as US Marshals.
Feb 08, 2021 · Huber was first appointed by former President Barack Obama and then reappointed by Trump. During his second time as the US attorney, Huber was tasked by Sessions to reexamine a previous Justice ...
Attorney General | Years of service |
---|---|
Merrick Garland | 2021-Present |
John Macpherson Berrien | 1829-1831 |
William Wirt | 1817-1829 |
Richard Rush | 1814-1817 |
History and statutory authority. The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up ...
As chief federal law enforcement officers, U.S. Attorneys have authority over all federal law enforcement personnel within their districts and may direct them to engage, cease or assist in investigations. In practice, this has involved command of Federal Bureau of Investigation assets but also includes other agencies under the Department of Justice, such as the Bureau of Alcohol, Tobacco and Firearms and Drug Enforcement Administration. Additionally, U.S. Attorneys cooperate with other non-DOJ law enforcement agencies – such as the United States Secret Service and Immigration and Customs Enforcement – to prosecute cases relevant to their jurisdictional areas.
This, in effect, extinguished the 120-day limit on interim U.S. Attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to the Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. Attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act to the interim appointment statute. The bill was signed by President George W. Bush, and became law in June 2007.
Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems. This structure was left undisturbed until 1986 when the statute was changed during the Reagan administration. In a bill that was introduced by Senator Strom Thurmond, the statute was changed to give the appointment authority to the Attorney General, but even then it was restricted and the Attorney General had a 120-day time limit. After that time, if a nominee was not confirmed, the district courts would appoint an interim U.S. attorney. The adoption of this language was part of a larger package that was billed as technical amendments to criminal law, and thus there was no recorded debate in either the House or the Senate and both Chambers passed the bill by voice vote.
Administrative management direction and oversight, Operational support, Coordination with other components of the United States Department of Justice and other federal agencies. These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education.
Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.
The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.
Among those the Biden administration may keep for a while, according to people briefed on the matter, are Michael Sherwin, acting US attorney in Washington, DC, who is overseeing the sprawling probe of the January 6 attack on the US Capitol.
During his second time as the US attorney, Huber was tasked by Sessions to reexamine a previous Justice Department investigation of Democratic presidential nominee Hillary Clinton's business dealings and the Clinton Foundation.
The changeover of US attorneys is routine but is often fraught with political overtones. In 2017, then-Attorney General Jeff Sessions asked 46 Obama-appointed US attorneys to submit their resignations. A handful were allowed to stay on for a brief period, but most had to leave immediately.
A number of acting US attorneys who aren't Senate confirmed or who were appointed by the courts are expected to remain in their posts until a Biden appointee is approved by the Senate, prosecutors were told Tuesday.
Some high-profile US attorneys who had not resigned ahead of Biden's inauguration included US Attorney for the Southern District of Ohio David DeVillers, Utah US Attorney John Huber and Pittsburgh US Attorney Scott Brady.
Graham said he needs time to question Garland on current investigations and wrote a letter on Tuesday to Wilkinson urging him "not to interfere in or call off" the investigations.
28 U.S. Code § 546 - Vacancies. Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office ...
Words “United States attorney” were substituted for “district attorney.” (See Reviser’s Note under section 501 [now 541] of this title.)
The provisions of section 511 of title 28, U.S.C., 1940 ed., relating to marshals, are incorporated in sections 544 and 545 [see Prior Provisions notes under those sections] of this title.
The U.S. attorney is appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified. By law, each United States attorney is subject to removal by the President. The Attorney General has had the authority since 1986 to appoint interim U.S. attorneys to fill a vacancy.
The Office of the United States Attorney was created by the Judiciary Act of 1789, along with the office of Attorney General and United States Marshal. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up the United States Federal Judiciary, including a district court system. Thus, the office of U.S. Attorney is older than the Department of Justice. The Judiciary Act of 1789 provided for the appointment in each judici…
The U.S. attorney is both the primary representative and the administrative head of the Office of the U.S. Attorney for the district. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate. However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen…
The Executive Office for United States Attorneys (EOUSA) provides the administrative support for the 93 United States attorneys (encompassing 94 United States Attorney offices, as the Guam and the Northern Mariana Islands has a single U.S. attorney for both districts), including:
• General executive assistance and direction,
• Policy development,
1. U.S. Attorney for the Middle District of Alabama
2. U.S. Attorney for the Northern District of Alabama
3. U.S. Attorney for the Southern District of Alabama
4. U.S. Attorney for the District of Alaska
• U. S. Attorney for the District of Michigan (February 24, 1863)
• U. S. Attorney for the Eastern District of South Carolina (October 2, 1965)
• U. S. Attorney for the Western District of South Carolina (October 2, 1965)
• List of United States attorneys appointed by Joe Biden
• List of United States attorneys appointed by Donald Trump
• Dismissal of U.S. attorneys controversy (2007)
• 2017 dismissal of U.S. attorneys