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United States Attorneys (also known as federal prosecutors) represent the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 federal government
Federal government of the United States

The Federal Government of the United States is the central current reigning United States governmental body, established by the United States Constitution....
 in United States district court
United States district court

The United States district courts are the general trial courts of the United States federal court system. Both Civil law and Criminal law cases are filed in the district court, which is a court of law, Equity , and admiralty....
 and United States court of appeals
United States court of appeals

The United States courts of appeals are the intermediate Court of Appealss of the United States federal court system. A court of appeals decides appeals from the United States district courts within its United States federal judicial circuit, and in some instances from other designated federal courts and administrative agency....
. There are 93 U.S. Attorneys stationed throughout the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, Puerto Rico
Puerto Rico

Puerto Rico , officially the Commonwealth of Puerto Rico , is a Autonomy Territories of the United States of the United States located in the northeastern Caribbean, east of the Dominican Republic and west of the Virgin Islands....
, the U.S. Virgin Islands
United States Virgin Islands

The United States Virgin Islands is a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands and are located in the Leeward Islands of the Lesser Antilles....
, Guam
Guam

Guam , officially the Territory of Guam, is an island in the western Pacific Ocean and is an organized, unincorporated insular area of the United States....
, and the Northern Mariana Islands
Northern Mariana Islands

The Northern Mariana Islands , officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean....
. One U.S. Attorney is assigned to each of the judicial districts
United States federal judicial district

For purposes of the United States federal court system, United States Congress has divided the United States into judicial districts. There is at least one district in each U.S....
, with the exception of Guam and the Northern Mariana Islands where a single U.S. Attorney serves both districts. Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction, acting under the guidance of the United States Attorneys' Manual.






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United States Attorneys (also known as federal prosecutors) represent the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 federal government
Federal government of the United States

The Federal Government of the United States is the central current reigning United States governmental body, established by the United States Constitution....
 in United States district court
United States district court

The United States district courts are the general trial courts of the United States federal court system. Both Civil law and Criminal law cases are filed in the district court, which is a court of law, Equity , and admiralty....
 and United States court of appeals
United States court of appeals

The United States courts of appeals are the intermediate Court of Appealss of the United States federal court system. A court of appeals decides appeals from the United States district courts within its United States federal judicial circuit, and in some instances from other designated federal courts and administrative agency....
. There are 93 U.S. Attorneys stationed throughout the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, Puerto Rico
Puerto Rico

Puerto Rico , officially the Commonwealth of Puerto Rico , is a Autonomy Territories of the United States of the United States located in the northeastern Caribbean, east of the Dominican Republic and west of the Virgin Islands....
, the U.S. Virgin Islands
United States Virgin Islands

The United States Virgin Islands is a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands and are located in the Leeward Islands of the Lesser Antilles....
, Guam
Guam

Guam , officially the Territory of Guam, is an island in the western Pacific Ocean and is an organized, unincorporated insular area of the United States....
, and the Northern Mariana Islands
Northern Mariana Islands

The Northern Mariana Islands , officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean....
. One U.S. Attorney is assigned to each of the judicial districts
United States federal judicial district

For purposes of the United States federal court system, United States Congress has divided the United States into judicial districts. There is at least one district in each U.S....
, with the exception of Guam and the Northern Mariana Islands where a single U.S. Attorney serves both districts. Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction, acting under the guidance of the United States Attorneys' Manual. They supervise district offices of as many as 350 assistant U.S. attorneys, with as many as 350 more support personnel. U.S. Attorneys and their offices are part of the Department of Justice
United States Department of Justice

The United States Department of Justice is a United States Cabinet department in the United States government of the United States designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans ....
. U.S. Attorneys receive oversight, supervision and administrative support services through the Justice Department's Executive Office for United States Attorneys
United States Attorney

United States Attorneys represent the United States Federal government of the United States in United States district court and United States court of appeals....
. Selected U.S. Attorneys participate in the Attorney General's Advisory Committee of United States Attorneys.

History and statutory authority

The Office of the United States Attorney was created by the Judiciary Act of 1789
Judiciary Act of 1789

The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the United States federal courts....
, along with the office of Attorney General
United States Attorney General

The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the government of the United States....
. The same act also specified the structure of the Supreme Court of the United States
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 and established inferior courts making up the United States Federal Judiciary
United States federal courts

The United States federal courts comprises the Judiciary of government organized under the United States Constitution and Law of the United States of the federal government of the United States....
, 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 judicial district of a "Person learned in the law to act as attorney for the United States...whose duty it shall be to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned..." Prior to the existence of the Department of Justice, the U.S. 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.

Appointment

The U.S. Attorney is appointed by the President of the United States
President of the United States

The President of the United States is the head of state and head of government of the United States and is the highest political official in the United States by influence and recognition....
 for a term of four years, with appointments subject to confirmation
United States Senate

The United States Senate is the upper house of the Bicameralism United States Congress, the lower house being the United States House of Representatives....
 by the Senate
United States Senate

The United States Senate is the upper house of the Bicameralism United States Congress, the lower house being the United States House of Representatives....
. A U.S. Attorney shall continue 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
United States Attorney General

The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the government of the United States....
 has had the authority since 1986 to appoint interim U.S. Attorneys to fill a vacancy.

United States Attorneys controversy

The governing statute, provided, up until March 9, 2007:
(c) A person appointed as United States attorney under this section may serve until the earlier of— the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or the expiration of 120 days after appointment by the Attorney General under this section. (d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
On March 9, 2006, President George W. Bush signed into law the USA PATRIOT Act
USA PATRIOT Act

The USA PATRIOT Act, commonly known as the "Patriot Act", is a Act of Congress that President George W. Bush signed into law on October 26, 2001....
 which amended Section 546 by striking subsections (c) and (d) and inserting the following new subsection:
(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title.
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
Dismissal of U.S. attorneys controversy

The dismissal of U.S. Attorneys controversy is a United States political scandal initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the Presidency of George W....
, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act
USA PATRIOT Act

The USA PATRIOT Act, commonly known as the "Patriot Act", is a Act of Congress that President George W. Bush signed into law on October 26, 2001....
 to the interim appointment statute. The bill was signed by President G.W. Bush, and became law in June 2007.

History of interim U.S. Attorney appointments

Senator Dianne Feinstein
Dianne Feinstein

Dianne Goldman Berman Feinstein is the Seniority in the United States Senate United States Senate from California and a member of the Democratic Party ....
 (D, California), summarized the history of interim United States Attorney appointments, on March 19, 2007 in the Senate.

Role of U.S. Attorneys

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
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 cases, and represents the United States in civil law
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 cases as either the defendant or plaintiff, as appropriate.

The U.S. Attorney for the District of Columbia has the additional responsibility of prosecuting local criminal cases in the Superior Court of the District of Columbia
Superior Court of the District of Columbia

The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving Criminal justice and civil law ....
, the equivalent of a municipal court for the national capital.

Criticism


Congress gave U.S. Attorneys enormous new powers during the War on Drugs
War on Drugs

The War on Drugs is a controversial prohibition campaign undertaken by the United States government with the assistance of participating countries, intended to reduce the illegal drug trade?to curb supply and diminish demand for specific psychoactive substances deemed immoral, harmful, dangerous, or undesirable....
, which have resulted in the current situation where the only real discretion in the contemporary federal criminal justice system is in the decision by the U.S. Attorney to indict. The conviction in most federal criminal cases is a foregone conclusion, which is why so many suspects plead guilty.

For example, U.S. Attorneys are able to freeze all assets of criminal suspects before trial and can veto a suspect's choice of defense counsel by simply refusing to authorize the unfreezing of assets to pay for the suspect's chosen counsel. Furthermore, U.S. Attorneys can and have spent decades pursuing a single suspect to convict him of something, anything. As prominent criminal defense attorney Roy Black
Roy Black (attorney)

Roy Black is a criminal law Attorney at Law. He is best known for his gaining an acquittal, in 1991, of William Kennedy Smith on charges of rape and for his representation of American conservatism radio commentator Rush Limbaugh on charges related to Limbaugh's alleged misuse of the prescription painkiller Oxycodone....
 has pointed out in a case where both of these things actually occurred, "Fred De La Mata is living proof that the federal government will never let go." De La Mata was arrested in 1988; acquitted in 1990; charged again in 1992; and convicted in 1994, and then after a long appellate battle (based on various irregularities in the 1994 trial), most of his convictions were affirmed in 2001. The government is still attempting to confiscate his frozen assets as of 2008.

Former plaintiffs' class-action attorney William Lerach
William Lerach

William Shannon Lerach is an American lawyer who specialized in class action lawsuits. He earned his undergraduate and law degrees from the University of Pittsburgh....
 summarized the present situation neatly in his published explanation of his 2008 plea bargain:

Executive Office for United States Attorneys


The Executive Office for United States Attorneys (EOUSA) provides the administrative support for the 93 United States Attorney
United States Attorney

United States Attorneys represent the United States Federal government of the United States in United States district court and United States court of appeals....
s (encompassing 94 United States Attorneys' 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,
  • administrative management direction and oversight,
  • operational support,
  • coordination with other components of the United States Department of Justice
    United States Department of Justice

    The United States Department of Justice is a United States Cabinet department in the United States government of the United States designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans ....
     and other federal agencies.


These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education.

The EOUSA was created on April 6, 1953, by Attorney General Order No. 8-53 to provide for close liaison between the Department of Justice in Washington, DC, and the 93 U.S. attorneys located throughout the 50 states, the District of Columbia, Guam
Guam

Guam , officially the Territory of Guam, is an island in the western Pacific Ocean and is an organized, unincorporated insular area of the United States....
, the Northern Mariana Islands
Northern Mariana Islands

The Northern Mariana Islands , officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean....
, Puerto Rico
Puerto Rico

Puerto Rico , officially the Commonwealth of Puerto Rico , is a Autonomy Territories of the United States of the United States located in the northeastern Caribbean, east of the Dominican Republic and west of the Virgin Islands....
, and the U.S. Virgin Islands. It was organized by Ninth Circuit Court of Appeals judge
United States Court of Appeals for the Ninth Circuit

The U.S. Court of Appeals for the Ninth Circuit is a United States federal court with appellate jurisdiction over the United States district court in the following United States federal judicial district:...
 James R. Browning
James R. Browning

James Robert Browning is an United States judge on the United States Court of Appeals for the Ninth Circuit. As of 2005, he has served 44 years on the court—the longest tenure in that court's history—and published over 1,000 appellate decisions....
, who also served as its first chief.

List of current U.S. Attorneys' offices

  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
  5. U.S. Attorney for the District of Arizona
  6. U.S. Attorney for the Eastern District of Arkansas
  7. U.S. Attorney for the Western District of Arkansas
  8. U.S. Attorney for the Central District of California
  9. U.S. Attorney for the Eastern District of California
  10. U.S. Attorney for the Northern District of California
    U.S. Attorney for the Northern District of California

    The United States Attorney for the Northern District of California is the United States Attorney responsible for representing the Federal government of the United States in the United States District Court for the Northern District of California....
  11. U.S. Attorney for the Southern District of California
  12. U.S. Attorney for the District of Colorado
  13. U.S. Attorney for the District of Connecticut
  14. U.S. Attorney for the District of Delaware
  15. U.S. Attorney for the District of Columbia
  16. U.S. Attorney for the Middle District of Florida
  17. U.S. Attorney for the Northern District of Florida
  18. U.S. Attorney for the Southern District of Florida
  19. U.S. Attorney for the Middle District of Georgia
  20. U.S. Attorney for the Northern District of Georgia
  21. U.S. Attorney for the Southern District of Georgia
  22. U.S. Attorney for the Districts of Guam and the Northern Mariana Islands
    U.S. Attorney for the Districts of Guam and the Northern Mariana Islands

    The United States District Court for the District of Guam is the United States District Court whose jurisdiction is the Territory of Guam.The United States District Court for the Northern Mariana Islandsis the United States District Court whose jurisdiction is the United States Commonwealth of the Northern Mariana Islands....
  23. U.S. Attorney for the District of Hawaii
  24. U.S. Attorney for the District of Idaho
  25. U.S. Attorney for the Central District of Illinois
  26. U.S. Attorney for the Northern District of Illinois
  27. U.S. Attorney for the Southern District of Illinois
  28. U.S. Attorney for the Northern District of Indiana
  29. U.S. Attorney for the Southern District of Indiana
  30. U.S. Attorney for the Northern District of Iowa
  31. U.S. Attorney for the Southern District of Iowa
    U.S. Attorney for the Southern District of Iowa

    The United States Attorney for the Southern District of Iowa is the United States Attorney responsible for representing the Federal government of the United States in the United States District Court for the Southern District of Iowa....
  32. U.S. Attorney for the District of Kansas
  33. U.S. Attorney for the Eastern District of Kentucky
  34. U.S. Attorney for the Western District of Kentucky
  35. U.S. Attorney for the Eastern District of Louisiana
    United States District Court for the Eastern District of Louisiana

    The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S. district courts, the court has original United States District Court#Jurisdiction over civil actions arising under the Constitution, laws, and treaties of the United States; certain civil actions between citizens of dif...
  36. U.S. Attorney for the Middle District of Louisiana
    United States District Court for the Middle District of Louisiana

    The United States Court for the Middle District of Louisiana comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana....
  37. U.S. Attorney for the Western District of Louisiana
    United States District Court for the Western District of Louisiana

    The United States District Court for the Western District of Louisiana is a Federal Court of the United States Court of Appeals for the Fifth Circuit with courts in Alexandria, Louisiana, Lafayette, Louisiana, Lake Charles, Louisiana, Monroe, Louisiana and Shreveport, Louisiana....
  38. U.S. Attorney for the District of Maine
  39. U.S. Attorney for the District of Maryland
  40. U.S. Attorney for the District of Massachusetts
  41. U.S. Attorney for the Eastern District of Michigan
  42. U.S. Attorney for the Western District of Michigan
  43. U.S. Attorney for the District of Minnesota
  44. U.S. Attorney for the Northern District of Mississippi
  45. U.S. Attorney for the Southern District of Mississippi
  46. U.S. Attorney for the Eastern District of Missouri
  47. U.S. Attorney for the Western District of Missouri
  48. U.S. Attorney for the District of Montana
  49. U.S. Attorney for the District of Nebraska
  50. U.S. Attorney for the District of Nevada
  51. U.S. Attorney for the District of New Hampshire
  52. U.S. Attorney for the District of New Jersey
  53. U.S. Attorney for the District of New Mexico
  54. U.S. Attorney for the Eastern District of New York
  55. U.S. Attorney for the Northern District of New York
  56. U.S. Attorney for the Southern District of New York
    U.S. Attorney for the Southern District of New York

    The U.S. Attorney for the Southern District of New York is the chief federal law enforcement officer in eight New York counties: Manhattan , The Bronx, Westchester County, New York, Putnam County, New York, Rockland County, New York, Orange County, New York, Dutchess County, New York, and Sullivan County, New York....
  57. U.S. Attorney for the Western District of New York
  58. U.S. Attorney for the Eastern District of North Carolina
  59. U.S. Attorney for the Middle District of North Carolina
  60. U.S. Attorney for the Western District of North Carolina
  61. U.S. Attorney for the District of North Dakota
  62. U.S. Attorney for the Northern District of Ohio
  63. U.S. Attorney for the Southern District of Ohio
  64. U.S. Attorney for the Eastern District of Oklahoma
  65. U.S. Attorney for the Northern District of Oklahoma
  66. U.S. Attorney for the Western District of Oklahoma
  67. U.S. Attorney for the District of Oregon
  68. U.S. Attorney for the Eastern District of Pennsylvania
  69. U.S. Attorney for the Middle District of Pennsylvania
  70. U.S. Attorney for the Western District of Pennsylvania
  71. U.S. Attorney for the District of Puerto Rico
  72. U.S. Attorney for the District of Rhode Island
  73. U.S. Attorney for the District of South Carolina
  74. U.S. Attorney for the District of South Dakota
  75. U.S. Attorney for the Eastern District of Tennessee
  76. U.S. Attorney for the Middle District of Tennessee
  77. U.S. Attorney for the Western District of Tennessee
  78. U.S. Attorney for the Eastern District of Texas
  79. U.S. Attorney for the Northern District of Texas
  80. U.S. Attorney for the Southern District of Texas
  81. U.S. Attorney for the Western District of Texas
  82. U.S. Attorney for the District of Utah
  83. U.S. Attorney for the District of Vermont
  84. U.S. Attorney for the District of the Virgin Islands
  85. U.S. Attorney for the Eastern District of Virginia
  86. U.S. Attorney for the Western District of Virginia
  87. U.S. Attorney for the Eastern District of Washington
  88. U.S. Attorney for the Western District of Washington
  89. U.S. Attorney for the Northern District of West Virginia
  90. U.S. Attorney for the Southern District of West Virginia
  91. U.S. Attorney for the Eastern District of Wisconsin
  92. U.S. Attorney for the Western District of Wisconsin
  93. U.S. Attorney for the District of Wyoming


Defunct U.S. Attorney's offices

  • U.S. Attorney for the District of Michigan
  • U.S. Attorney for the Western District of South Carolina
  • U.S. Attorney for the Eastern District of South Carolina


See also

  • Dismissal of U.S. attorneys controversy
    Dismissal of U.S. attorneys controversy

    The dismissal of U.S. Attorneys controversy is a United States political scandal initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the Presidency of George W....
  • United States Attorney General
    United States Attorney General

    The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the government of the United States....
  • United States Department of Justice
    United States Department of Justice

    The United States Department of Justice is a United States Cabinet department in the United States government of the United States designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans ....


External links