U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 31— THE ATTORNEY GENERAL

28 U.S.C. § 526

Authority of Attorney General to investigate United States attorneys, marshals, trustees, clerks of court, and others

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(a) The Attorney General may investigate the official acts, records, and accounts of—(1) the United States attorneys, marshals, trustees, including trustees in cases under title 11; and(2) at the request and on behalf of the Director of the Administrative Office of the United States Courts, the clerks of the United States courts and of the district court of the Virgin Islands, probation officers, United States magistrate judges, and court reporters;for which purpose all the official papers, rec­ords, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time.(b) Appropriations for the examination of judicial officers are available for carrying out this section.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 95–598, title II, §§ 219(a), (b), 220, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 99–554, title I, § 144(c), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107–273, div. B, title IV, § 4003(b)(2), Nov. 2, 2002, 116 Stat. 1811.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 341b.

July 28, 1950, ch. 503, § 4, 64 Stat. 380.

 

 

July 7, 1958, Pub. L. 85–508, § 12(q), 72 Stat. 349.

In subsection (b), the words “now or hereafter” and “the provisions of” are omitted as unnecessary.

Editorial NotesCodification

Pub. L. 95–598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98–166, title II, § 200, Nov. 28, 1983, 97 Stat. 1081; Pub. L. 98–353, title III, § 323, July 10, 1984, 98 Stat. 358; Pub. L. 99–429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99–500, § 101(b) [title II, § 200], Oct. 18, 1986, 100 Stat. 1783–39, 1783–45, and Pub. L. 99–591, § 101(b) [title II, § 200], Oct. 30, 1986, 100 Stat. 3341–39, 3341–45; Pub. L. 99–554, title III, § 307(a), Oct. 27, 1986, 100 Stat. 3125, provided for the deletion of any references to United States Trustees in this title at a prospective date, prior to repeal by Pub. L. 99–554, title III, § 307(b), Oct. 27, 1986, 100 Stat. 3125.

Amendments

2002—Pub. L. 107–273, § 4003(b)(2)(A), struck out “and” before “trustees” in section catchline.

Subsec. (a)(1). Pub. L. 107–273, § 4003(b)(2)(B), substituted “marshals,” for “marshals,,”.

1986—Pub. L. 99–554, § 144(c)(1), substituted “trustees” for “trustee” in section catchline.

Subsec. (a)(1). Pub. L. 99–554, § 144(c)(2)(A), inserted reference to trustees in cases under title 11.

Subsec. (a)(2). Pub. L. 99–554, § 144(c)(2)(B), struck out references to courts of the Canal Zone and trustees in cases under title 11.

1978—Pub. L. 95–598, § 219(b), substituted “marshals, and trustee” for “and marshals” in section catchline.

Subsec. (a)(1). Pub. L. 95–518, § 219(a), substituted “marshals, and trustees” for “and marshals”.

Subsec. (a)(2). Pub. L. 95–598, § 220, substituted “officers, trustees in cases under title 11” for “officers, referees, trustees and receivers in bankruptcy” and “magistrates” for “commissioners”.

Statutory Notes and Related SubsidiariesChange of Name

“United States magistrate judges” substituted for “United States magistrates” in subsec. (a)(2) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Notes of Decisions
Cited in 8 cases, 1928–2010 · leading case: Rockwell International Corp. v. U.S. Department of Justice
Sort: Relevance Newest Treatment
Rockwell International Corp. v. U.S. Department of Justice (2001) cadc “See 28 U.S.C. § 526 (a)(1) (the Attorney General “may investigate the official acts .”
Matthew Chabal, Jr. v. Ronald Reagan (1988) ca3 “The conclusion that Congress has not attempted to restrict the President’s removal authority is reinforced by Congress’s express decision to subject marshals to the supervision and direction of the Attorney General, the executive branch’s principal legal officer and himself…”
United States v. Sotomayor Vazquez (1999) prd “” 28 U.S.C. § 526 (a)(1). The *291 Attorney General is additionally authorized to hire and fire Assistant United States Attorneys, see 28 U.”
Wilson v. United States (1928) ca8 “§ 627 [28 USCA § 526, note]; Ex parte Hennen, 13 Pet.”
Williams v. United States Department of Justice (2010) cadc “See 28 U.S.C. § 526 (a)(1) (“The Attorney General may investigate .”
Williams v. United States Department of Justice (2010) cadc “See 28 U.S.C. § 526 (a)(1) (“The Attorney General may investigate .”
United States v. McKinnon (1998) ca4 “See 28 U.S.C. §§ 526 , 535 (1994). Accordingly, we decline to address this matter.”
Marsh v. Department of Veterans Affairs (1995) wvnd “” In support of this motion, plaintiff cites 28 U.S.C. § 526 which provides that the Department of Justice shall promulgate rules which prohibit Department of Justice officers and employees from participating “in a particular investigation or prosecution if such participation…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.