When did Congress stop paying lawyers appointed in federal criminal cases?
Jan 15, 2021 · 1942: The Attorney General sets up a special War Frauds Unit, later supervised by the Criminal Division, to prosecute all cases involving fraud upon the government in its war efforts. 1943: Beatrice Rosenberg, one of the first female attorneys in the Criminal Division, starts working as an attorney in the Appellate Section. She went on to ...
What are the limitations of the Office of the Attorney General?
Investigation. In the Federal Government, there are agencies that employ criminal investigators to collect and provide information to the United States Attorneys in the respective district. The investigators at these agencies investigate the crime and obtain evidence, and help prosecutors understand the details of the case.
How did the Attorney General’s office replace other divisions during the war?
Whenever a grand jury is involved in an investigation, the agents will work closely with an attorney from the U.S. government, either from the local U.S. Attorney’s Office or the U.S. Department ...
How many attorneys were removed from the United States in 2006?
May 03, 2019 · Jacob Sullum | 5.3.2019 12:45 PM (C-SPAN) Yesterday House Speaker Nancy Pelosi accused Attorney General William Barr of committing a crime by lying to Congress about Robert Mueller's objections to...
Does the US attorney general prosecute?
The attorney general may personally prosecute any case that would normally be handled by a district or city attorney and represents the state in all cases before the California Supreme Court. Additionally, the attorney general is responsible for issuing formal legal advice to state agencies and officers.
Does the DOJ investigate?
The DOJ covers investigations from both civil issues (such as child support issues and tort actions) and criminal matters (murders or federal drugs crimes, for example).
Does the US attorney general report to the president?
The attorney general serves as the principal advisor to the president of the United States on all legal matters.
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| United States Attorney General | |
|---|---|
| Member of | Cabinet National Security Council |
| Reports to | President of the United States |
Why do prosecutors sometimes choose not to prosecute criminal cases?
Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
What does the US attorney general investigate?
The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.Apr 24, 2016
Who is above the district attorney?
In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.
What powers does the US attorney general have?
As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.
Who oversees the FBI?
The FBI is an agency within the Department of Justice (DOJ), and thus the Director reports to the Attorney General of the United States.
Who was the first African American US Attorney General?
Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African American to hold the position of U.S. attorney general.
Can charges be dropped after sentencing?
Most state and federal courts have held that judges can consider uncharged crimes and even acquitted charges at sentencing. It follows that most courts allow judges to consider dismissed charges as well.
How do you get a prosecutor to drop charges?
There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021
Can charges be dropped after indictment?
As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough. The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it.
How many federal criminal defendants are aided by lawyers?
Today, nearly 90 percent of federal criminal defendants are aided by lawyers, investigators and experts paid for under the Criminal Justice Act. Hiring in defenders' offices is intensely competitive, and the quality and vigor of their representation has earned the admiration of federal prosecutors, including U.S. Attorney General Eric H. Holder Jr.
What is the Supreme Court case that argued that a person could not be sent to prison without a lawyer?
Many Americans believe the right to a court-appointed lawyer began with Gideon v. Wainwright, a famed 1963 Supreme Court decision in which Clarence Earl Gideon, a Florida drifter, argued that he could not be sent to prison without a lawyer to argue his case.
What was the purpose of the federal defenders?
Together, the measures created the modern federal defenders system, and helped secure a right that Americans now take for granted: meaningful legal representation even for those who can't afford it.
Why were CJA fees suspended?
District Judge Edward C. Prado, who is now a member of the U.S. Court of Appeals for the Fifth Circuit, reported that fee payments were briefly suspended two straight years because money had run out. The committee cited "the rise in federal prosecutions of what were traditionally state cases."
How long did the Powell v. Alabama case last?
More than 140 years passed before the Supreme Court began to address that void. A 1932 case, Powell v. Alabama, concerned nine black teenagers accused of raping two white girls in Alabama. In just 12 days, they were indicted and then convicted, in trials each lasting just a few hours.
When did the federal defenders start?
Fifty years ago—August 20, 1964 —the President signed into law the Criminal Justice Act (CJA), which for the first time assured professional legal counsel in federal courts by paying an hourly fee for court appointed lawyers. Six years later, Congress established a full-time federal defender service within the judicial branch.
Which amendment made it legal to hire a lawyer?
Constitution was drafted. In 1791, the Sixth Amendment made a right to counsel the law of the land.
What did the change in the law do to the Attorney General?
The change in the law undermined the confirmation authority of the Senate and gave the Attorney General greater appointment powers than the President, since the President's U.S. Attorney appointees are required to be confirmed by the Senate and those of the Attorney General did not require confirmation.
Why are emails about the firing of attorneys lost?
White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher."
What did Gonzales say about the dismissal of the attorneys?
He also stood by his decision to dismiss the attorneys, saying "I stand by the decision and I think it was the right decision". Gonzales admitted that "incomplete information was communicated or may have been communicated to Congress" by Justice Department officials, and said that "I never saw documents. We never had a discussion about where things stood."
What was the process used to fire the first seven attorneys and two others dismissed around the same time?
A subsequent report by the Justice Department Inspector General in October 2008 found that the process used to fire the first seven attorneys and two others dismissed around the same time was "arbitrary", "fundamentally flawed" and "raised doubts about the integrity of Department prosecution decisions".
Why were some of the attorneys targeted for dismissal?
Allegations were that some of the attorneys were targeted for dismissal to impede investigations of Republican politicians or that some were targeted for their failure to initiate investigations that would damage Democratic politicians or hamper Democratic-leaning voters.
When was the Karl Rove subpoena issued?
On May 2, 2007, the Senate Judiciary Committee issued a subpoena to Attorney General Gonzales compelling the Department of Justice to produce all email from Karl Rove regarding evaluation and dismissal of attorneys that was sent to DOJ staffers, no matter what email account Rove may have used, whether White House, National Republican party, or other accounts, with a deadline of May 15, 2007, for compliance. The subpoena also demanded relevant email previously produced in the Valerie Plame controversy and investigation for the 2003 CIA leak scandal.
Why were the seven attorneys fired?
Deputy Attorney General Paul McNulty testified before the Senate Judiciary Committee on February 6. He said that the seven were fired for job performance issues and not political considerations; these statements lead several of the dismissed attorneys, who had been previously silent, to come forward with questions about their dismissals, partially because their performance reviews prior to their dismissal had been highly favorable.
What is the job of a criminal investigator?
In the Federal Government, there are agencies that employ criminal investigators to collect and provide information to the United States Attorneys in the respective district. You may already know some of the agencies, such as: The investigators at these agencies investigate the crime and obtain evidence, ...
Is testimony of an eyewitness to a crime considered direct evidence?
Testimony of an eyewitness to a crime would be considered direct evidence because the person actually saw the crime. Testimony related to something that happened before or after the crime would be considered circumstantial.
Do you need a warrant for a search?
Searches usually require a search warrant, issued by a “neutral and detached” judge. Arrests also require probable cause and often occur after police have gotten an arrest warrant from a judge. Depending on the specific facts of the case, the first step may actually be an arrest.
What happens if a grand jury returns an indictment against a suspect?
If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings.
What is the purpose of a federal investigation?
If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. Two points should be kept in mind:
How does the guilt phase work?
The guilt phase generally begins with the prosecutor’s opening statement. The defense has the option of making its own opening statement immediately afterwards or reserving its opening statement for the beginning of its case-in-chief. The prosecutor then presents the government’s proof through physical evidence and witnesses. The defense is entitled to cross-examine any witnesses questioned by the government. Once the government has completed its case, the defense may move the court to acquit the defendant, on the ground that there is legally insufficient evidence to convict. If the court denies the defense motion, the defense may present its own case, and the prosecutor may cross-examine any witnesses presented by the defense. Following the defense case, the prosecutor may present evidence to rebut the defendant’s case. Once the prosecutor concludes its rebuttal case, the defense again can move for an acquittal. If the court denies that motion, the parties present their closing arguments: first the prosecutor, then the defense, and finally the prosecutor again (the government goes first and last because it has the burden of proof). Following closing arguments, the judge will instruct the jury on the relevant law for it to apply. Afterwards, the jury will retire to decide the case. When the jury has reached its decision, the jury will return to the courtroom and announce its verdict. If there is no jury, the judge will deliberate and return a verdict.
How soon after arrest can you make an initial appearance?
This initial appearance generally will occur as soon as practicable following arrest and must occur before 72 hours have passed. At the initial appearance, the court will inform the arrestee of the charges and advise him or her of the rights to counsel and to remain silent.
Which federal agency is responsible for investigating terrorism cases?
For example, the Secret Service is responsible for investigating counterfeiting of currency, and the FBI is the lead federal agency for terrorism cases. This assignment of functions helps different agencies develop expertise, but it also means that federal law enforcement agencies are not like local police forces—they do not each handle whatever federal crime comes their way.
Who has the right to be present at sentencing?
The offender has the right to be present for sentencing, as does a victim. Both persons may make a statement before the court imposes sentence. The lawyer for the government and the offender also will address the court regarding the sentence. If a victim is represented by an attorney, the victim’s counsel also can address the court at sentencing.
Who does a grand jury work with?
Whenever a grand jury is involved in an investigation, the agents will work closely with an attorney from the U.S. government, either from the local U.S. Attorney’s Office or the U.S. Department of Justice, before making an arrest in order to determine whether a crime was committed and, if so, who is responsible.
What was Charles Diggs's crime?
Charles Diggs (D-MI), convicted on 29 charges of mail fraud and filing false payroll forms which formed a kickback scheme with his staff. Sentenced to 3 years (1978).
How are convicted politicians arranged?
Although the convicted politicians are arranged by presidential terms in chronological order, many of the crimes have little or no connection to who is president. Since the passage of 20th Amendment on January 23, 1933, presidential terms have begun on January 20 of the year following the presidential election; prior to that, they began on March 4.
How long did John Dean serve?
John Dean (R) White House Counsel, convicted of obstruction of justice, later reduced to felony offenses and served 4 months.
How long was John Ehrlichman in prison?
John Ehrlichman (R) former White House Counsel, convicted of conspiracy, obstruction of justice, and perjury. Served 18 months in prison.
What was Frank Brasco sentenced to?
Frank Brasco (D-NY) sentenced to 5 years in jail and fined $10,000 for conspiracy to accept bribes from a reputed Mafia figure who sought truck leasing contracts from the Post Office and loans to buy trucks (1974).
What was Wes Cooley's crime?
Wes Cooley (R-OR), was convicted of having lied on the 1994 voter information pamphlet about his service in the Army. He was fined and sentenced to two years' probation (1997) He was later convicted of income tax fraud connected to an investment scheme. He was sentenced to one year in prison and to pay restitution of $3.5 million to investors and $138,000 to the IRS.
What was Harry Claiborne's crime?
Harry Claiborne (D), Federal District court Judge was tried and convicted of federal tax evasion; he served over one year in prison (1983). He was later impeached by the House, convicted by the Senate and removed from office (1986).
Right to Counsel: Early History
The Breakthrough Year
- Several versions of the Criminal Justice Act languished in Congress through the 1940s and '50s. Then support built dramatically in 1963. In January, President John F. Kennedy told Congress, "The right to competent counsel must be assured to every man accused of crime in federal court, regardless of his means." In February, the Attorney General's Co...
Balancing The System
- The Defenders Services program has grown in size and caseload. In 1973, 15 of the nation's 94 federal judicial districts were served by full-time defender offices. By FY 2013, that had grown to 91 districts. The system handled 54,000 representations in 1973, and nearly 230,000 representations in 2013. There are now about 1,300 full-time defenders, and about 12,000 panel …
Combatting The 'Trial Penalty'
- Such victories are rarer than ever, defenders say, because of tough sentencing laws enacted by Congress beginning in the 1980s. Mandatory minimum sentences, sentencing guidelines and other provisions have greatly increased defendants' potential exposure to long sentences, if convicted by a jury. In practice, the result is a "trial penalty," many defenders say. Clients often pl…
Resource Challenges
- Another ongoing challenge has been resources. In 1991, Congress authorized a committee to study the implementation of the CJA. In 1993, a committee headed by then-U.S. District Judge Edward C. Prado, who is now a member of the U.S. Court of Appeals for the Fifth Circuit, reported that fee payments were briefly suspended two straight years because money had run out. The c…
Issues in Brief
By tradition, all U.S. Attorneys are asked to resign at the start of a new administration. The new President may elect to keep or remove any U.S. Attorney. They are traditionally replaced collectively only at the start of a new White House administration. U.S. Attorneys hold a political office, in which the President nomi…
Fallout
- By April 2007, there was some speculation that the dismissal of the US attorneys might affect cases of public corruption and voter fraud. According to the National Law Journal, By mid-September 2007, nine senior staff of the Department of Justice associated with the controversy had resigned.The most prominent resignations include: 1. 1.1. Attorney General Alberto Gonzale…
Replacement of The U.S. Attorneys
- Initial planning
On January 6, 2005, Colin Newman, an assistant in the White House counsels office, wrote to David Leitch stating, "Karl Rovestopped by to ask you (roughly quoting) 'how we planned to proceed regarding U.S. Attorneys, whether we were going to allow all to stay, request resignation… - Implementation: The U.S. Attorney Removal List
In October 2006, George W. Bushtold Alberto Gonzales that he had received complaints that some of the U.S. Attorneys had not pursued certain voter-fraud investigations. The complaints came from Republican officials, who demanded fraud investigations into a number of Democratic cam…
Reactions and Congressional Investigation
- Initial reaction
The initial reaction was from the senators of the affected states. In a letter to Gonzales on January 9, 2007, Senators Feinstein (D, California) and Leahy (D, Vermont; Chair of the Committee) of the Senate Judiciary Committee expressed concern that the confirmation proces… - Contempt of Congress charges
On July 11, 2007, as Sara Taylor testified, George Manning, the attorney to former White House CounselHarriet Miers, announced that Miers intended to follow the request of the Bush Administration and not appear before the Committee the following day. Manning stated Miers "c…
Aftermath
- Subpoenas and lost emails
White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have po… - Appointment of U.S. Attorneys and the 2005 Patriot Act reauthorization
The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney. …
See Also
References and External Links
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firings Investigation". The Washington Post. 2007-03-05. Retrieved 2010-05-01.
- Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).
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