28 U.S.C. § 516
Conduct of litigation reserved to Department of Justice
Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General.
Notes of Decisions
Cited in 307
cases (25 in the last 5 years), 1968–2026 · leading case: Bryan v. Murphy, 246 F. Supp. 2d 1256 (N.D. Ga. 2003).
Bryan v. Murphy, 246 F. Supp. 2d 1256 (N.D. Ga. 2003). “Bryan dedicates much of his motion for reconsideration to arguing that 28 U.S.C. § 516 does not authorize United States Attorneys to represent members of the judicial branch.”
United States v. Donziger, 38 F.4th 290 (2d Cir. 2022). “See 28 U.S.C. §§ 516 , 517, 9 518, 519. This includes the authority to supervise—and if necessary, to remove— 10 inferior officers.”
United States v. Providence Journal Co., 485 U.S. 693 (1988). “The Solicitor General argues that § 518(a) does not apply to a contempt proceeding that is initiated unilaterally by a federal court, because in Young this Court sustained the power of the court to appoint a private attorney to prosecute a criminal contempt charge, despite the…”
Vargas v. United States, 114 Fed. Cl. 226 (Fed. Cl. 2014). “It contends that “the gravamen of the breach [Hurtado] alleges” is “the failure of the United States to intervene in foreign litigation,” which “involves a matter committed by [ 28 U.S.C. § 516 ] exclusively to the discretion of the Attorney General.”
United States v. Armstrong, 517 U.S. 456 (1996). “II, § 3; see 28 U. S. C. §§ 516 , 547. As a result, "[t]he presumption of regularity supports" their prosecutorial decisions and, "in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties.”
United States v. Bankers Ins. Co., 245 F.3d 315 (4th Cir. 2001). “See 28 U.S.C. § 516 (granting the Attorney General and the Department of Justice exclusive power to direct litigation involving the United States).”
Mail Order Ass'n of Am. v. United States Postal Serv., No. 91-1058, 986 F.2d 509 (D.C. Cir. 1993). “On October 27, 1992, however, the Assistant Attorney General of the Department’s Civil Division wrote to the General Counsel of the Postal Service: Because the United States Postal Service and its Governors lack independent litigation authority, see 28 U.S.C. § 516 , 39 U.S.C. §…”
Case, Inc. v. United States, 88 F.3d 1004 (Fed. Cir. 1996). “Most importantly, under 28 U.S.C. § 516 , “[ejxcept as otherwise authorized by law, the conduct of litigation in which the United States .”
Medina Constr., Ltd. v. United States, 43 Fed. Cl. 537 (Fed. Cl. 1999). “Preclusion Pursuant to 28 U.S.C. §§ 516 — 520 “Except as otherwise authorized by law, the conduct of litigation in which the United States, [or] an agency .”
United States v. Libby, 429 F. Supp. 2d 27 (D.D.C. 2006). “§§ 509 , 510, and 515 to investigate and prosecute alleged violations of federal law relating to the investigation of the potential unauthorized disclosure of classified information violates the statutory requirements that the Attorney General supervise and direct all litigation…”
Fed. Election Comm'n v. NRA Political Victory Fund, 513 U.S. 88 (1994). “NOTES [1] Under 28 U. S. C. §§ 516 and 519, the conduct of litigation on behalf of the United States and its agencies is subject to control of the Attorney General "[e]xcept as otherwise authorized by law.”
Ashland Oil, Inc. v. Fed. Trade Comm'n, 548 F.2d 977 (D.C. Cir. 1976). “2d 658 (1972) (authority to “conduct litigation” under 28 U.S.C. § 516 does not grant Department of Justice general power to challenge in court decisions of other government agencies).”
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