28 U.S.C. § 541

United States attorneys

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(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.(b) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.(c) Each United States attorney is subject to removal by the President.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	28 U.S.C. 501.	[None].
(b)	28 U.S.C. 504(a).	[None].
(c)	28 U.S.C. 504(b) (less 2d sentence).	[None].

In subsection (c), the word “is” is substituted for “shall be”.

1948 Act

Prior section 501.—Based on title 28, U.S.C., 1940 ed., § 481, sections 643 and 863 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and section 11–1001, District of Columbia Code, 1940 ed. (R.S., § 767; June 26, 1876, ch. 147, §§ 1, 4, 19 Stat. 61, 62; Feb. 24, 1879, ch. 97, § 8, 20 Stat. 320; Mar. 3, 1881, ch. 144, § 7, 21 Stat. 507; Apr. 25, 1882, ch. 87, §§ 1, 3, 22 Stat. 47; July 20, 1882, ch. 312, § 3, 22 Stat. 172; Aug. 5, 1886, ch. 928, § 7, 24 Stat. 309; Feb. 22, 1889, ch. 180, § 21, 25 Stat. 682; July 3, 1890, ch. 656, § 16, 26 Stat. 217; July 10, 1890, ch. 664, § 16, 26 Stat. 225; Mar. 3, 1893, ch. 220, 27 Stat. 745; July 16, 1894, ch. 138, §§ 14, 16, 28 Stat. 110, 111; June 24, 1898, ch. 495, § 1, 30 Stat. 487; Apr. 12, 1900, ch. 191, § 34, 31 Stat. 85; Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; May 12, 1900, ch. 391, § 9, 31 Stat. 176; Jan. 22, 1901, ch. 105, §§ 4, 7, 31 Stat. 736, 737; Feb. 12, 1901, ch. 355, §§ 5, 7, 31 Stat. 782; Mar. 2, 1901, ch. 801, §§ 3, 5, 31 Stat. 881; Mar. 3, 1901, ch. 854, § 183, 31 Stat. 1220; Mar. 11, 1902, ch. 183, §§ 5, 6, 32 Stat. 66; June 30, 1902, ch. 1329, 32 Stat. 527; Mar. 2, 1905, ch. 1305, §§ 4, 6, 33 Stat. 824; Mar. 3, 1905, ch. 1427, §§ 13, 15, 19, 33 Stat. 995, 996; June 16, 1906, ch. 3335, § 13, 34 Stat. 275; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 3, 1915, ch. 100, §§ 3, 4, 38 Stat. 961; Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; May 28, 1926, ch. 414, § 2(b), 44 Stat. 672; Apr. 21, 1928, ch. 393, 45 Stat. 437; Mar. 26, 1928, ch. 51, § 2, 52 Stat. 118).

Section consolidates section 481 of title 28, U.S.C., 1940 ed., and section 11–1001 of the District of Columbia Code, 1940 ed., with parts of sections 643 and 863 of title 48, U.S.C., 1940 ed., relating to appointment of United States attorneys.

The term “United States attorney” was adopted in this section for “attorney for the United States.” Since the decision of the Supreme Court of the United States in In re Neagle, 1890 (10 S. Ct. 658, 135 U.S. 1, 34, L. Ed. 55) where the terms “attorneys of the United States” and “district attorneys” were used interchangeably, Congress has also designated such officers as either “United States attorneys” or as “district attorneys.” See Acts of Feb. 22, 1886, ch. 928, § 7, 24 Stat. 309; July 3, 1890, ch. 656, § 16, 26 Stat. 217; July 10, 1890, ch. 664, § 16, 26 Stat. 225, and Acts of July 20, 1882, ch. 312, § 3, 22 Stat. 172; Mar. 3, 1915, ch. 100, § 3, 38 Stat. 961; May 28, 1926, ch. 414, § 2(b), 44 Stat. 672.

At present, such officers are invariably designated as “United States attorneys” by Federal courts and the Department of Justice.

Words “The President may appoint, by and with the advice and consent of the Senate,” were inserted to conform section with the Constitution. See article II, section 2, clause 2.

Words “including the District of Columbia” were omitted, because the District is made a judicial district by section 88 of this title. District of Columbia Code, 1940 ed., § 11–1001, provided for appointment of an “attorney of the United States for the District” by the President, subject to Senate confirmation.

Words “learned in the law” were omitted as unnecessary. Such requirement is not made of United States judges and no reason appears to make a distinction respecting United States attorneys.

Parts of section 863 of title 48, U.S.C., 1940 ed., remain in said title 48. For remainder thereof, see Distribution Table. Other provisions of section 643 of such title are incorporated in sections 133, 504 [now 541 and 544], and 541 [see 561] of this title.

Changes were made in phraseology.

[The Historical and Revision Notes for former section 504, from which this section is partially derived, is set out under section 544 of this title.]

Editorial NotesPrior Provisions

A prior section 541, acts June 25, 1948, ch. 646, 62 Stat 910; Mar. 18, 1959, Pub. L. 86–3, § 11(c), (d), 73 Stat. 9, related to appointment, residence and tenure of marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 561 of this title by section 4(c) of Pub. L. 89–554.

Notes of Decisions

Cited in 56 cases (4 in the last 5 years), 1954–2025 · leading case: United States v. Baldwin, 541 F. Supp. 2d 1184 (D.N.M. 2008).

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United States v. Baldwin, 541 F. Supp. 2d 1184 (D.N.M. 2008). · cites it 14× “are: (i) whether the Court should reach the constitutional issues that Defendant Carl Dean Baldwin raises, or dismiss the indictment against Baldwin, given that the indictment was secured during the tenure of a prior, executive-appointed United States Attorney and was signed by…”

United States v. Pamela Jean Gantt, 194 F.3d 987 (9th Cir. 1999). · cites it 3× “, until a United States Attorney nominated by the President is confirmed by the Senate under 28 U.S.C. § 541 . We are forced to reach the merits of Gantt’s constitutional challenge.”

United States v. Hilario, 218 F.3d 19 (1st Cir. 2000). · cites it 4× “See 28 U.S.C. § 541 . 1 But Congress selected a different method for interim appointees: (a)Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.”

United States v. Baker, 504 F. Supp. 2d 402 (E.D. Ark. 2007). · cites it 8× “2-3, or violating 28 U.S.C. § 541 (a-b), or both.” 1 In addition, the Defendant contends the position of the United States Attorney “is a Presidential appointment not an Attorney General’s appointment.”

United States v. Peralta-Ramirez, 83 F. Supp. 2d 263 (D.P.R. 2000). · cites it 7× “Even if the statute is constitutional, does the length of the interim appointment of the United States Attorney violate Congress’ intent in enacting 28 U.S.C. § 541 , 546? Although considering these to be “serious issues,” the Court found that they had not been timely raised…”

United States v. Sotomayor Vazquez, 69 F. Supp. 2d 286 (D.P.R. 1999). · cites it 6× “§ 546 (d) (providing that district courts may appoint an interim United States Attorney “until the vacancy is filled”).”

United States v. Richard P. Herman, United States of Am. v. James J. McCann in No. 78-1282, 589 F.2d 1191 (3rd Cir. 1978). “The appointment of United States Attorneys is provided for by 28 U.S.C. § 541 (1977), and their general duties specified in 28 U.”

In Re: United States of Am., 397 F.3d 274 (5th Cir. 2005). “See 28 U.S.C. § 541 (President of the United States appoints each United States Attorney); 28 U.”

United States v. Stephen J. Flemmi, 225 F.3d 78 (1st Cir. 2000). “See 28 U.S.C. § 541 . Their authority to prosecute, which dates back almost to the birth of the Republic, see Judiciary Act of 1789, ch.”

United States v. Gantt, 179 F.3d 782 (9th Cir. 1999). · cites it 3× “, until a United States Attorney nominated by the President is confirmed by the Senate under 28 U.S.C. § 541 . We are forced to reach the merits of Gantt’s constitutional challenge.”

In Re Sealed Case (Three Cases), 838 F.2d 476 (D.C. Cir. 1988). “ely concerned about recent erroneous statements by the Department of Justice that an independent counsel may be fired for failing to obey any Presidential order — even an order which would compromise the very integrity of an independent counsel’s proceedings — the conferees are…”

United States v. Mar. Life Caribbean Ltd., 913 F.3d 1027 (11th Cir. 2019). “See 28 U.S.C. § 541 (a) (creating procedures for appointing a United States Attorney for each judicial district); id.”

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