28 C.F.R. § 0.5
Attorney General
The Attorney General shall:
(a) Supervise and direct the administration and operation of the Department of Justice, including the offices of U.S. Attorneys and U.S. Marshals, which are within the Department of Justice.
(b) Represent the United States in legal matters generally.
(c) Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the Government, as provided by law.
(d) Appear in person to represent the Government in the Supreme Court of the United States, or in any other court, in which he may deem it appropriate.
(e) Designate, pursuant to Executive Orders 9788 of October 4, 1946, and 10254 of June 15, 1951, officers and agencies of the Department of Justice to act as disbursing officers for the Office of Alien Property.
(f) Perform or supervise the performance of other duties required by statute or Executive order.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1969–2023 · leading case: Cnty. of Santa Clara v. Trump, 267 F. Supp. 3d 1201 (N.D. Cal. 2017).
Cnty. of Santa Clara v. Trump, 267 F. Supp. 3d 1201 (N.D. Cal. 2017). “2005) in which the Southern District of New York stated that “The Office of the Attorney General of the DOJ is empowered to furnish advice and opinions on legal matters to government agencies, 28 C.F.R. § 0.5 (2005), and has issued public memoranda interpreting the Convention…”
Ex Parte Medellin, 223 S.W.3d 315 (Tex. Crim. App. 2006). “; see 28 C.F.R. § 0.5 (2005). [24] Br. of Applicant at 26-27.”
United States v. Edwin Affron Kartman, 417 F.2d 893 (9th Cir. 1969). “28 C.F.R. § 0.5 (a) provides that the Attorney General shall “Supervise and direct the administration and operation of the Department of Justice, including the offices of * * * United States Marshals, which are within the Department of Justice.”
United States v. Rebecca Moriello, 980 F.3d 924 (4th Cir. 2020). “” (citing 28 C.F.R. § 0.5 (a))). 16 PSOs also have the authority to issue lawful directions.”
Matthew Chabal, Jr. v. Ronald Reagan, 841 F.2d 1216 (3rd Cir. 1988). “28 C.F.R. § 0.5 (a). They are appointed by the President, with the advice and consent of the Senate, and are placed by statute under the supervision and direction of the Attorney General.”
N.Y. Times Co. v. U.S. Dep't of Just., 282 F. Supp. 3d 234 (D.C. Cir. 2017). “" 28 C.F.R. § 0.5 (c). While some OLC opinions are publicly released, its advice to the Attorney General or executive agencies is usually kept confidential.”
Farrell v. United States Dep't of Just., 910 F. Supp. 615 (M.D. Fla. 1995). “28 C.F.R. 0.5(a) (1994). The Attorney General also has supervisory authority over the USMS, which is within the DOJ.”
Cindylou A. Yardas (Wilson) v. United States of Am., Paul L. Wilson & Norman G. Zemmelman, 899 F.2d 550 (6th Cir. 1992). “28 C.F.R. § 0.5 (a). They are appointed by the President, with the advice and consent of the Senate, and are placed by statute under the supervision and direction of the Attorney General.”
Am. Civil Liberties Union v. Dep't of Def., 396 F. Supp. 2d 459 (S.D.N.Y. 2005). “The Office of the Attorney General of the DOJ is empowered to furnish advice and opinions on legal matters to government agencies, 28 C.F.R. § 0.5 (2005), and has issued public memoranda interpreting the Convention Against Torture, see, e.”
Dean v. United States, 484 F. Supp. 888 (D.N.D. 1980). “The government, citing 28 CFR 0.5(a) 3 contends that supervisory authority over the Marshal’s Service rests in the hands of the Attorney General, and that the Department of Justice is therefore the appropriate department, agency or unit.”
New York Times Co. v. U.S. Dep't of Just. (D.D.C. 2017). “” 28 C.F.R. § 0.5 (c). While some OLC opinions are publicly released, its advice to the Attorney General or executive agencies is usually kept confidential.”
Logsdon v. Gilliam (E.D. Okla. 2023). “See 28 C.F.R. § 0.5 (a) (Attorney General shall supervise and direct administration and operation of DOJ, including offices of U.”
— 28 C.F.R. § 0.5(a) — 2 cases
Farrell v. United States Dep't of Just., 910 F. Supp. 615 (M.D. Fla. 1995). “28 C.F.R. 0.5(a) (1994). The Attorney General also has supervisory authority over the USMS, which is within the DOJ.”
Dean v. United States, 484 F. Supp. 888 (D.N.D. 1980). “The government, citing 28 CFR 0.5(a) 3 contends that supervisory authority over the Marshal’s Service rests in the hands of the Attorney General, and that the Department of Justice is therefore the appropriate department, agency or unit.”
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