Discover the role of a U.S. Attorney and their crucial contributions to law enforcement and justice in America. Learn about their responsibilities and impact.
Who Is a U.S. Attorney, and What Do They Do?
A U.S. Attorney is a pivotal legal figure appointed by the President and confirmed by the Senate, responsible for upholding federal law.
There are 93 U.S. Attorneys serving in districts including the continental United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands.
Key Responsibilities of a U.S. Attorney
The primary role of a U.S. attorney is to represent the United States in federal legal matters within their district. They are responsible for prosecuting federal crimes, including offenses such as:
Federal Prosecution Cases:
- Drug trafficking
- Tax evasion
- Political corruption
- Organized crime
- Major fraud cases
- Terrorism
- White-collar crimes
Civil Defense
U.S. attorneys also defend the government in civil cases where the United States is a party.
Collaborative Law Enforcement Efforts
Additionally, the job of a U.S. attorney involves working closely with various law enforcement agencies, including:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Legal Guidance
As the federal government’s main attorneys, they provide legal guidance, coordinate investigations, and collaborate with local, state, and international agencies to combat crime effectively.
Community Engagement
U.S. attorneys also play a vital role in their communities by promoting public safety, crime prevention, and education.
They may engage in outreach programs, community partnerships, and initiatives to address specific local issues and enhance cooperation between law enforcement and the public.
How Powerful Is a U.S. Attorney?
U.S. attorneys hold significant power and authority as they are chief federal law enforcement personnel within the legal system. Here are a few critical points regarding the power that U.S. attorneys wield in their roles:
Prosecution Authority:
U.S. attorneys have the authority to initiate and conduct criminal prosecutions on behalf of the United States government. They can bring charges against individuals and organizations for violating federal laws.
Supervision of Assistant U.S. Attorneys:
U.S. attorneys oversee a team of assistant U.S. attorneys (AUSAs) who handle cases on their behalf. They provide guidance, assign cases, and ensure the proper administration of justice is handled in their offices.
Discretionary Power:
U.S. attorneys have discretion in deciding which cases to pursue, what charges to bring, and how to allocate resources. They can prioritize issues based on what they believe to be most important to the public’s interest, available resources, and other factors.
Plea Bargaining Deals:
U.S. attorneys can negotiate plea bargains with defendants, allowing them to resolve cases without trial. They can offer reduced charges, recommend leniency, or seek maximum penalties based on the circumstances.
Civil Litigation:
U.S. attorneys also handle civil litigation on behalf of the federal government. They defend the interests of the United States in lawsuits and initiate legal actions to enforce federal laws and protect the rights of citizens.
What Is the Hierarchy of U.S. Attorneys?
The organizational hierarchy of U.S. Attorneys within the Department of Justice is:
Hierarchy of U.S. Attorneys
- Attorney General: The head of the U.S. Department of Justice and the chief law enforcement officer of the federal government overseeing all U.S. Attorneys and who has the authority to appoint interim U.S. attorneys (when there is a vacancy).
- Deputy Attorney General: The Deputy Attorney General is the second-highest-ranking official in the Department of Justice. They assist the Attorney General in managing the department and may also be involved in selecting and supervising U.S. attorneys.
- U.S. Attorneys: The 93 chief federal prosecutors each appointed over a judicial district.
- Assistant U.S. Attorneys (AUSAs): Lawyers who support U.S. Attorneys in legal proceedings. They assist in prosecuting federal cases, conducting investigations, and representing the government in legal matters.
What Qualifications Are Required To Become an Assistant U.S. Attorney?
Candidates must typically meet the following requirements to qualify to work as an Assistant U.S. Attorney:
- U.S. Citizenship: You must be a U.S. citizen at the time of appointment.
- Law Degree: You must have a Juris Doctor (J.D.) degree from an accredited law school and have passed a bar exam.
- Active State Bar Membership: You must be an active member in good standing of the bar of any U.S. jurisdiction.
- Preferred Legal Experience: Generally, at least five years of law experience is required. However, some positions may require less or more experience, such as only one year or as much as 10-15 years of expected law career experience.
- Federal Trial Experience: The USAO finds it highly desirable for candidates to have substantial trial experience in federal court, including both civil and criminal cases.
How Is a U.S. Attorney Appointed?
A U.S. Attorney is appointed by the President of the United States and confirmed by the United States Senate. The process involves several steps:
- Vacancy: A U.S. Attorney position becomes vacant due to resignation, retirement, termination, or other reasons.
- Nominations: The President selects a nominee for the vacant U.S. Attorney position. The selection is typically made in consultation with the Attorney General and other relevant officials.
- Background check and vetting: The nominee undergoes a thorough background check and vetting process conducted by the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ).
- Nomination submission: The President formally submits the nominee’s name to the Senate for confirmation. The nomination is often accompanied by relevant documentation, such as a resume and questionnaire.
- Senate Judiciary Committee review: The Senate Judiciary Committee reviews the nominee’s qualifications, background, and suitability for the position. The committee may hold hearings where the nominee testifies and answers questions.
- Committee vote: After the review, the Senate Judiciary Committee votes to decide whether to recommend the nominee to the full Senate for confirmation. A majority vote is typically required for the nominee to proceed.
- Senate confirmation: The nomination is presented to the full Senate for confirmation. Senators may debate the nomination before voting. A majority vote is usually required for confirmation.
- Appointment: Once the Senate confirms the nominee, the U.S. Attorney will generally have a swearing in ceremony and will officially take the oath of office.
How Long Is the Term of a U.S. Attorney?
The term of a U.S. Attorney is four years. However, a United States attorney shall continue to perform the duties of their office until a successor is appointed and qualifies.
Can a U.S. Attorney Be Removed From Office?
Yes, a U.S. Attorney can be removed from office. Each United States attorney is subject to removal from their office by the President.
Most often, U.S. Attorneys will end their service by resigning at the start of a new White House presidency, which is the understood tradition.
The process for removal involves several steps. First, the U.S. Attorney serves at the discretion of the President and can be removed by the President at any time.
In addition, the United States Lawyer can also be removed by the Attorney General, who is their immediate supervisor.
The Attorney General can remove a U.S. Attorney for various reasons, including misconduct, ethical violations, or failure to carry out their duties effectively. However, the U.S. Attorney may also be protected by specific civil service laws that provide some level of job security.
In rare cases, a U.S. Attorney can also be removed through impeachment by Congress. This would require impeachment by the House of Representatives and a subsequent conviction by the Senate.
Can the U.S. Attorney General Be Impeached?
Yes, the United States Attorney General can be impeached.
The Constitution gives the House of Representatives the sole power of impeachment, and the Attorney General, as a civil officer of the United States, “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”
Is a U.S. Attorney Part of the U.S. Government?
Yes, a U.S. attorney is part of the U.S. government. U.S. attorneys are federal government officials who serve as the chief prosecutors for the United States in their respective districts.
Can U.S. Attorneys Prosecute Both Criminal and Civil Cases?
Yes, U.S. Attorneys can prosecute both criminal and civil cases. Each U.S. Attorney’s office (USAO) is split into two major divisions: criminal and civil, with the criminal generally being the larger of the two departments.
USAO Criminal Division Prosecutes Violation of Federal Criminal Laws:
- Organized crime
- Drug trafficking
- Tax evasion
- Bank robbery
- Financial crimes
- Cybercrime
- Civil rights violations
- Human trafficking
USAO Civil Division Defends Government Agencies In Lawsuits and Prosecutes Cases Involving:
General Litigation:
AUSAs in the General Litigation Section primarily handle defensive civil litigation filed against the United States, such as:
- Tort cases – Car accidents, premises liability, medical malpractice cases, etc., involving a federal government agency.
- Bivens claims – A type of legal action that can be brought against a federal government official based on an alleged violation of a federal constitutional right seeking money damages.
- Employment discrimination cases
- Administrative Procedure Act (APA) cases – An APA case is a type of claim challenging an administrative agency’s decision and can be brought by someone affected by the agency’s action. The claimant seeks to limit the power of the government agency.
- Subpoena matters
- Immigration law
- SSDI claims
Healthcare Fraud (HCF)
The Health Care Fraud (HCF) program conducts investigations and pursues legal actions concerning a wide variety of civil cases under the False Claims Act.
These cases typically involve fraudulent activities against the United States government and actions related to civil penalties. The fraud cases can involve many different types of federal government programs, such as:
- Medicare
- Medicaid
- Federal Employee Health Benefit Plan
Affirmative Civil Rights Enforcement Section
The Affirmative Civil Rights Enforcement Section is empowered to investigate and uphold non-criminal federal civil rights laws that forbid discrimination on grounds such as race, ethnicity, gender, religion, disability, and other protected characteristics.
Furthermore, the Section supports the overall effort of monitoring the election process so every qualified voter can vote by ensuring access to polling stations and can safely exercise their right to vote.
Financial Litigation Program (FLP)
The Financial Litigation Program’s main role involves legal action brought to enforce debt collection efforts on behalf of the United States government as well as associated third parties.
These debts may be criminal judgments (penalties and fines resulting from a criminal trial) or overdue civil debts, like unpaid student loans.
In Summary About U.S. Attorneys
In conclusion, U.S. Attorneys hold a powerful position within the federal legal system of the United States.
Their decisions on prosecution, legal strategies, and collaboration with law enforcement agencies significantly impact the enforcement of federal laws and the broader justice landscape.
Through their work on high-profile cases and their role in legal precedents, U.S. Attorneys shape not only the outcomes of individual cases but also the development of federal policies and practices and the country as a whole.
