Dismissal of U.S. Attorneys Controversy - Law References

Law References

Part of the governing federal law for appointing United States Attorneys.

Statute, prior to March 9, 2006, USA PATRIOT ACT Re-authorization Act's amendments, and after June 14, 2007, when S.214 was signed into law

United States Code, Title 28 § 546. Vacancies

(a) 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.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this section may serve until the earlier of—

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) 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.

28 U.S.C. § 546 (2000 ed., Supp IV).

USA PATRIOT Act reauthorization

SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS. Section 546 of title 28, United States Code, is amended 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.'

Statute from March 9, 2006, through June 14, 2007

United States Code, Title 28 § 546. Vacancies

(a) 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.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(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.

28 U.S.C. § 546 (2007). (Note that published versions of the United States Code usually run two years behind recent legislation.)