28 U.S.C. § 528
Disqualification of officers and employees of the Department of Justice
The Attorney General shall promulgate rules and regulations which require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney’s staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office.
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1980–2026 · leading case: Marshall v. Jerrico, Inc., 446 U.S. 238 (1980).
Marshall v. Jerrico, Inc., 446 U.S. 238 (1980). “28 U. S. C. § 528 (1976 ed., Supp. Ill) (disqualifying federal prosecutor from participating in litigation in which he has a personal interest).”
United States v. Stephen Goot, 894 F.2d 231 (7th Cir. 1990). “The government points out that the Attorney General, as statutorily mandated, see 28 U.S.C. § 528 , 7 had promulgated rules on recusal and that the procedure followed in this case strictly complied with those rules.”
In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018). “" 28 U.S.C. § 528 . Pursuant to this statutory requirement, the Attorney General promulgated 28 C.”
In re: Grand Jury Investigation, 916 F.3d 1047 (D.C. Cir. 2019). “" 28 U.S.C. § 528 ; see 28 C.F.R. § 45.2 (a).”
In Re: Indep. Couns. Kenneth W. Starr, United States Dep't of Just. v. Francis T. Mandanici, 152 F.3d 741 (8th Cir. 1998). “§ 594 , or 28 U.S.C. § 528 (providing for the disqualification of officers and employees of the DOJ in the event of an actual or apparent personal, financial, or political conflict of interest), that would prohibit the district court from enforcing the ethical standards…”
United States v. Laurence Isaacson, 752 F.3d 1291 (11th Cir. 2014). “Isaacson presents two reasons the District Court should have granted the motion: (1) because the prosecutor’s recusal was required by statute, see 28 U.S.C. § 528 (providing that a prosecutor is not supposed to participate in a prosecution “if such participation may result in a…”
In the Matter of Grand Jury Subpoena of Donald & Susan Rochon. Appeal of United States of Am., 873 F.2d 170 (7th Cir. 1989). “On the other hand, existing authority supports the government’s position that the Rochons must establish that Mr.”
In Re Youk-See, 450 B.R. 312 (Bankr. D. Mass. 2011). “Thus, the UST sought to ascertain whether the conduct of BAC in the Debtor’s case deviated from the standards established by the Bankruptcy Code, and whether its particular actions constitute an abuse of the bankruptcy system or its procedures, citing 28 U.”
Int'l Paper Co. v. Harris Cnty., 445 S.W.3d 379 (Tex. App. 2013). “at 1617 (citing 28 U.S.C. § 528 ). Regarding potential “constitutional questions,” the Court cited a case in which it observed that a criminal prosecutor should not exercise his discretion in pursuing guilty pleas based on impermissible factors such as race or religion.”
United States v. Robert E. Spiker, 649 F. App'x 770 (11th Cir. 2016). “” 28 U.S.C. § 528 . Although a stronger showing of conflict is required for prosecutorial recusal, United States v.”
United States v. Terry, 806 F. Supp. 490 (S.D.N.Y. 1992). “28 U.S.C. § 528 . 3 . In order to avoid confusion when discussing Terry’s logically distinct arguments for disqualification, the term "Attorney General” is used throughout this opinion in an institutional sense and refers to the office of the Attorney General of the State of New…”
Sparger-withers v. Taylor (S.D. Ind. 2024). “After noting those outer bounds, the Court concluded, "[b]ut the strict requirements of neutrality cannot be the same for administrative prosecutors as for judges, whose duty it is to make the final decision and whose impartiality serves as the ultimate guarantee of a fair and…”
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